HomeMy WebLinkAboutA - ITB #24-05 Construction Of Pre-Engineered Metal Buildings for Sebastian Municipal Airport - FinalITB #24-05
INVITATION TO BID
ITB #24-05
CONSTRUCTION OF PRE-ENGINEERED METAL BUILDINGS FOR SEBASTIAN
MUNICIPAL AIRPORT
Contact Person
Jessica Graham, CPPB
Procurement 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 this solicitation.
In accordance with the Americans with Disabilities Act, any person who believes he or she has a
disability requiring the use of a special accommodation at the pre-bid conference or bid opening should
contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her
special requirements.
EVENT DATE TIME
RELEASE DATE: Thursday, February 15, 2024
-
PRE-BID MEETING AND SITE VISIT Tuesday, February 27, 2024 10:00 AM Local
Time
QUESTIONS DUE DEADLINE: Tuesday, March 5, 2024 2:00 PM Local
Time
ITB DUE/BID OPENING: Thursday, March 14, 2024 2:00 PM Local
Time
PROPOSED SCHEDULE
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 #24-05
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INVITATION TO BID
The City of Sebastian is requesting bids from qualified and well established metal building manufacturers
to provide building construction services for up to four (4) pre-engineered aircraft hangars to be located at
70 Airport Drive West, Sebastian, FL 32958 on a previously prepared site. The manufacturer must have a
proven track record of success on projects involving civil and structural engineering, capable of designing
and building airport hangars. The awarded Contractor agrees to furnish all labor, materials, supervision,
equipment, tools, transportation, supplies and expertise necessary for providing services in a good, firm,
substantial and workmanlike manner, in accordance with the specifications listed herein. This is a turn-
key project.
This Invitation to Bid (ITB) and related documents are available for download online at:
DemandStar.com
VendorLink.com
A non-mandatory (attendance highly encouraged) Pre-Bid Meeting will be held Tuesday, February 27,
2024 at 10:00 AM local time in the City of Sebastian City Council Chambers located at 1225 Main Street.
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 5, 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 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 addenda have been issued prior to
submitting their Bid.
All Bids are due by Thursday, March 14, 2024 by 2:00 P.M. local time. Bidders must submit their Bids
by mail or by physical hand delivery to the address shown below. In-person or mailed submissions shall
provide one (1) clearly marked original and one (1) copy, marked with the Bidder’s name and address,
ITB number and title with solicitation opening date and time indicated in the lower left corner of the
envelope.
All physical, in-person submissions must be delivered or mailed to:
City of Sebastian
Procurement Manager
1225 Main Street
Sebastian, Florida 32958
Only the name of the companies who submitted a response to this Request for Bid will be read aloud.
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 to 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 #24-05
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TABLE OF CONTENTS
INVITATION TO BID ………………………………….…….………...……………..………...…... 2
TABLE OF CONTENTS ………….…...…..…………………….………….…………………….… 3
SECTION 1 – BID INFORMATION …………………………………………………………….… 4
SECTION 2 – GENERAL TERMS AND CONDITIONS ………………..…………….…………. 7
SECTION 3 – SPECIAL CONDITIONS ………………………………………………………….. 20
SECTION 4 – INSTRUCTIONS TO BIDDERS ………………………………………………...… 27
SECTION 5 – FORMS …………………………………………………………………………..….. 29
MAILING LABELS ………………………………………………………………………….……. 29
BID CHECKLIST ………………………………………………………………………………..…. 30
CONTACT INFORMATION SHEET - FORM A …………………………………………………. 31
ADDENDA ACKNOWLEDGEMENT - FORM B ………………………………………………… 32
REFERENCE LIST - FORM C ……………………………………………………………………... 33
SUB-CONTRACTORS LIST - FORM D …………………………………………………………... 34
BIDDER'S DISCLOSURE - FORM E ……………………………………………………………… 35
REQUIRED OBLIGATIONS AFFIDAVIT - FORM F ……………………………………………. 37
BUY AMERICAN ACT- FORM G…………………………………………………………………. 38
SECTION 6 – PERFORMANCE BOND …………………………………………………………... 40
SECTION 7 –PAYMENT BOND …………………………………………………………………... 42
SECTION 8 – BID PRICE FORM………………………………………………………………….. 45
SECTION 9 – FEDERAL GRANT TERMS AND CONDITIONS……………………………….. 46
DBE PROGRAM – FORM 1 - 5………………………………………………….…………............ 50
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 who’s Bid fully conforms in all material respects to the ITB and its entire
requirement, including form and substance.
Days: Refers to calendar days, unless otherwise stated.
Shall, Must and Will: Interpreted as mandatory language.
ITB #24-05
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SECTION 1 – BID INFORMATION
1.1 SCOPE OF WORK
The City of Sebastian is requesting bids from qualified contractors to build and construct pre-
engineered metal buildings (PEB) for the Sebastian Municipal Airport located at 70 Airport Drive,
West, Sebastian, FL 32958. The project site has already been cleared and prepared. Building pads
are cleared and ready for minor grading to prepare for concrete slab forming, drainage work is in
place and the SJRWM District Permit has been obtained for the new impervious requirements. The
Contractor will build and construct up to four (4) PEBs. The awarded quantity will depend on
available budget.
1.2 PRE-ENGINEERED BUILDING MINIMUM REQUIREMENTS
1.2.1 Minimum 20’ eave height and an 18’ high minimum door opening, with door. Opening
width should be 10’ less than the building width, 40’ or 50’ respectively to the sizes
above. Door operation type is not mandated, however, PEBs and doors designed and
engineered to meet local building code.
1.2.1.1. PEBs and doors shall be by City Direct Management Purchase Order.
1.2.2 One (1) 3/0 x 7/0 entry door with awning.
1.2.2.1. Doors shall be by City Direct Management Purchase Order
1.2.3 100 amp service (min).
1.2.4 4” insulation with fiberglass vinyl face for roof and walls.
1.2.5 The PEBs will be used as airplane hangars. Do not include additional interior framing.
1.2.6 LED overhead lighting (minimum of 30 foot candle).
1.2.7 Six (6) skylight panels per building.
1.2.8 Oil resistant flooring.
1.2.9 Floor drain that is connected to an oil and water separator and holding tank. The
contractor shall provide and install the floor drain, separator and tank. The separator and
tank may be shared by more than one PEB.
1.2.10 Approximately 24’x4’ of concrete sidewalk to each PEB entry door.
1.2.11 Asphalt or concrete pads leading from taxi lane to hangar door opening, same width as
door.
1.2.12 Two (2) 20lb ABC fire extinguishers.
1.2.13 The Contractor shall coordinate all power connections from existing onsite metered
power to the PEBs.
1.2.14 Support Documents: The City will provide the site plans to the awarded Contractor. Site
plans will include electric and water information for the builders, and the existing pad
design/build up.
1.3 The Contractor shall be responsible for any needed survey, geotechnical investigation, design, and
preparation of all documentation related to the acquisition and shall be responsible for obtaining
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all construction permits. The Contractor shall be responsible for all maintenance of traffic,
demolition, and construction through Project completion by the date indicat ed in the bid.
1.4 PEB LOCATION MAP
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1.5 BIDDER QUALIFICATIONS
Proposers 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:
1.5.1 Have a minimum of five (5) years’ experience with installation of pre-engineered metal
buildings, specifically aircraft hangars, or identical projects; and
1.5.2 If the bidder is not a licensed general contractor, the subcontractor performing the work
shall be licensed by the State of Florida as a general contractor; and registered with the City
of Sebastian Building Department. Proof should be submitted with the bid.
1.1.1 Meet all insurance and licensing requirements applicable to perform the services.
1.1.2 Meet all requirements of the bid.
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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, and 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, and DemandStar.
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, and
DemandStar. 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.
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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,
inconsistency, 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 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 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the bid and shall reference the
section. Any exceptions to any of the conditions of this bid may be cause for the bid to be
considered non-responsive.
2.9 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 Bidder’s responses shall be deemed to be public
records subject to public inspection upon award, recommendation for award, or thirty (30) days
after the bid opening, whichever occurs first. However, certain exemptions to the public records
law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the
information contained in his or her response is exempt from the Public Records Law, the Bidder
must in his or her response specifically identify the material which is deemed to be exempt and
cite the legal authority for the exemption, otherwise, the City will treat all materials received as
public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.10 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
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cancellation and/or return of bidder’s materials (as applicable) and the removal of the bid from the
list(s).
2.11 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, all 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 af fecting, an 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 hir e 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.
2.12 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 writin g within 72 hours
after the solicitation 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 Saturdays, 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 protes t 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.
2.12.1. 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.
2.12.2. 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
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to award. Any appeal of the decision by the City Manager shall be heard by the City
Council or other appropriate administrative or legal body.
2.12.3. Stay of Procurement – In the event of a timely and properly filed protest, the
Procurement/Contracts Manager shall not proceed further with the solicitation or award
until all administrative remedies have been exhausted, or until the City Manager or City
Council, as appropriate, makes a determination on the record that the award of a contract
is necessary to protect substantial interests of the City.
2.13 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.
2.14 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 part of the Contractor to be
aware of any law, ordinance, rule or regulation will i n 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
suppression/extinguishers, job site first aid kits, and emergency communication. Any fin es levied
due to inadequacies or failure to comply with all requirements shall be the sole responsibility of
the Contractor.
2.15 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.
2.16 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, the 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, agreement, 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 a mong the parties or any
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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, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor
of the obligation to perform all work in compliance with the bid.
2.17 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the consent and agreement of the contractor, purchases 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 each 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.
2.18 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.
2.19 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 Sta tes, 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:
2.19.1. A predecessor or successor of a person or corporation convicted of a public entity crime,
or
2.19.2. 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
2.19.3. Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
2.19.4. 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.
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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 t o certify to all of the statement above,
bidder shall attach an explanation to this bid.
2.20 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 awarded 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.
2.21 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.
2.22 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 or different names, will
not be considered.
2.23 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.
2.23.1. Name of the business organization as specified on the Contract between City and
Contractor
2.23.2. Date of invoice
2.23.3. Contractor’s invoice number
2.23.4. Contractor’s federal identification number on file with the state
2.23.5. City purchase order number and bid number
2.23.6. Unit price of the goods, services or property provided
2.23.7. Extended total price of the goods, services or property
2.23.8. Applicable discounts
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2.23.9. Description of provided goods or services
2.23.10. Quantity of provided goods or services
2.23.11. Date(s) of delivery of provided goods or services
2.23.12. 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 work is inspected
by the respective City representative a nd payment is approved. The City will pay the contract price
minus any liquidated damages, back charges and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for Work completed by the
contractor during various phases of the Work assignment in accordance with the unit pricing
provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure
to submit invoices in the prescribed manner will delay payment.
2.24 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. Failure 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.
2.25 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.
2.26 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 City 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 contract.
2.27 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, coordination 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.
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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.
2.28 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or 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.
2.29 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.
2.30 DISCRIMINATION
The bidder shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City
of Sebastian will not knowingly do business with vendors, bidders, or contractors who
discriminate on those protected by state and federal law. Through the course of providing services
to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the
Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights
Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who
believes their rights have been violated should report such discrimination to the City.
2.31 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, payment,
inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to
the transactions between the City and the contractor.
2.32 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its
officers and employees, from all claims, demands, liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the contractor or its Sub-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
employees. However, such indemnification shall not include claims of, or damages resulting from,
gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers,
directors, agents or emp loyees. Upon request of the City, the contractor 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 reasonable attorneys’ fees that may be incurred by the City in connection
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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.
2.33 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.
2.34 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.
2.35 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:
2.35.1. Does not participate in a boycott of Israel; and
2.35.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.35.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.35.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.35.5. 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 certification. The contractor shall have sixty-(60) days following the receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in error.
If the 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 cont ract 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 t hat 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;
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engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in busin ess operations
in Cuba or Syria.
2.36 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. 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 General Contractor, or a State Registered General Contractor the bidder
must be registered with the City of Sebastian.
Copies of any license or certification as required shall be submitted with the bidding documents.
2.37 FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS
REGISTRATION REQUIREMENTS
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.
2.38 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
materials.
2.39 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 authority, 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 secret, 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.
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2.40 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 identifies better pricing for the same item, the Contractor agrees to offer the City the reduced
price.
2.41 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 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.
2.42 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 control of either party and which cannot be overcome by reasonable
diligence and without unusual expense.
2.43 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.
2.44 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11 -116 (superseding
Executive Order 11-02; Certification of Employment Status), in the event performance of this
Agreement is or will be funded using state or federal funds, the contractor must comply with the
Employment Eligibility Verification Program developed by the federal government to verify the
eligibility of individuals to work in the United States and 48 CFR 52.222 -54 (as amended) is
incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of
Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of
all new employees hired during the term of the contract (3) utilize E-Verify to verify the
employment eligibility of all employees assigned to the contract; and (4) shall expressly require
any subcontractors performing work or providing services pursuant to the contract to likewise
utilize E-Verify to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term. Information on registration for and use of the E-Verify
system can be obtained at the U.S. Department of Homeland Security website:
http://www/dhs.gov/E-Verify.
BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM E -VERIFY WITH
THEIR BID.
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2.45 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 I mmigration and Nationality Act (“INA”).
Refer to E-Verify Acknowledgment in solicitation documents.
2.46 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Bidder certifies the following:
2.46.1. A written statement is published notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace named above and specifying actions that will be taken against violations of
such prohibition.
2.46.2. Employees are informed about the dangers of drug abuse in the work place, the bidder’s
policy of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be i mposed
upon employees for drug use violations.
2.46.3. 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 t o sign copies of
such written statement to acknowledge their receipt.
2.46.4. 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.
2.46.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
2.47 DEBARMENT AND SUSPENSION
2.47.1. bidder certifies to the best of its knowledge and belief that it and its principals:
2.47.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.47.3. 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;
2.47.4. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
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2.47.5. 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.
2.47.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.47.7. 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.
2.48 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.
2.49 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.
2.50 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification 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 responsibility 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.
2.51 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 place for giving of notice in compliance with the
provisions of this paragraph. For the present, the Contr actor 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 address for such notice:
The City of Sebastian
Attention: Procurement Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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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 b uilding. FDOT Contractor Suspension
List: https://www.fdot.gov/construction/legal/newsuspension.shtm
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 or 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 April 15, 2024. The City reserves the right to extend these dates, at its sole discretio n. 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 with 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.
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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 designated 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 being 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 assume all liability for the supervision,
direction of all work, and for all means, methods, techniques, sequences,
procedures, and coordination for all services under the agreement; 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, eEnglish
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 specifica tion, 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 video 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 expense of the contractor in a manner acceptable to the City. Failure to properly document
such pre-existing conditions and to submit said documentation as required, may render the
contractor liable to repair any such damage at no expense to the City. No additional allowances
shall be made due to the bidder’s lack of knowledge of the project requirements and site
conditions.
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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 goods 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 and 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. The 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 cer tified check, a cashier’s check
or an irrevocable letter of credit.
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
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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 itsown expense, any damage that
was caused by the awarded contractor, their employees or their agents. The contractor must not
drive or park equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively
wet conditions on grassy areas, the contractor must contact the project manager for
recommendations or workarounds prior to commencing the work. Any damages, inclu ding
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 City. The contractor assumes all liability for
accidents that may occur due to any debris, equipment, tools, and works ite 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.
3.14 PERMITS AND REGULATIONS
All work covered by the technical codes will require a permit from 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 .
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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 COUNCIL MEETINGS
The awarded bidder must be available to attend City Council meetings, when requested. The
awarded bidder must be prepared to answer any questions and/or provide a presentation if
requested by Council and/or authorized by a City representative. The awarded bidder is not
required to attend the City Council meeting for recommendation of award, but attendance is
welcome and suggested. The date and time of the City Council meeting will be publicly noticed.
3.17 DISADVANTAGED BUSINESS ENTERPRISE (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 a ll 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.
3.18 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 must be 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, The 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 insurance maintained by
ITB #24-05
Page 25 of 55
the City will be in excess of the contractor’s insurance and will not contribute to the contractor’s
insurance.
3.19 The insurance coverages must include a minimum of:
3.19.1. 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 a ny 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 pr imary 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.
3.19.1.1. 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 Completed completion Operations, including Broad
Form Property Damage.
3.19.1.2. Personal and Advertising Injury with a One Million Dollars ($1,000,000)
aggregate limit.
3.19.1.3. CGL Required Endorsements:
a) Employees included as insured
b) Contingent Liability/Independent Contractors 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 owned, leased,
borrowed, or rented by Contractor or employees of the Contractor.
3.19.2. 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
ITB #24-05
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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 extend 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.
3.19.3. 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.
3.19.4. 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 polic ies provided, but also must specifically cite this
Contract and must state that such 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.
3.19.5. 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 insu rance maintained
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 insuranc e 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.
ITB #24-05
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SECTION 4 – INSTRUCTIONS TO BIDDERS
4.1 The submission of a bid in response to this solicitation constitutes an incontrovertible
representation by bidder that it shall comply with the requirements of the bid and contract
documents and that without exception, the Bid is premised upon performing and furnishing the
work required under the bid and contract documents and that the bid and contract documents are
sufficient in detail to indicate and convey understanding of all terms and conditions for the
performance of the Work.
4.2 The bid submittal shall be limited to no more than twenty (20) pages (NOT including the required
forms listed in Section 11 - Required Forms, or the Required Tabs). Any responses exceeding
twenty (20) pages, NOT including the required forms, may be considered non-responsive and not
considered for award.
NOTE: cover pages, table of contents, Required Forms and/or Required Tab pages will not be
included in the page count of twenty (20) pages. Tabs dividing sections are required.
4.3 REQUIRED COPIES
One (1) clearly marked original in Blue Ink, and one (1) copy of the Bid in Black Ink shall be
submitted. Please refer to the bid checklist for guidance on all requirements.
4.4 SEALED BIDS
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. The bid shall be submitted no later
than the solicitation due date and time mentioned on the Invitation to Bid. The City will not be
responsible for opening any bids that are not clearly marked.
Bids shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be
initialed by the bidder in ink. Handwritten submissions must be legible. Bids must be submitted
to City Hall, 1225 Main Street Sebastian, Florida 32958. Bids that are submitted to other
locations or delivered to the wrong location may not be considered. It shall be the sole
responsibility of the bidder to ensure their bid is at the proper location and at the t ime specified in
the documents.
4.5 TAB #1 – BID FORM AND SCHEDULE
4.5.1. BID FORM - Use the Bid Form on page 53 to provide pricing based on the scope of
work and terms and conditions listed in this solicitation. .
4.5.2. SCHEDULE - This is a one (1) time contract. Include a detailed breakdown of your
estimated schedule based on the anticipated proceed date of Monday, April 15, 2024, and
total turn-key completion within one hundred eighty (180) days.
4.6 TAB #2 – EXPERIENCE
4.6.1. EXPERIENCE - Provide a list of projects completed by bidder to demonstrate the
bidder’s experience with similar projects in the state of Florida. Bidders must include
detailed description of work performed as a prime or subcontractor.
ITB #24-05
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4.7 TAB #3 – INSURANCE AND LICENSES
4.7.1. INSURANCE - NOTE: A certificate of insurance (COL) is required in the bid. All
coverage’s shall name the City as “additional insured.”
4.7.2. LICENSES - Contractors must provide their current contractor’s license. If the bidder is
a State Certified General Contractor, or a State Registered General Contractor the Bidder
must be registered with the City of Sebastian.
4.8 TAB #4 – REQUIRED FORMS
4.8.1. FORMS - All forms required by the ITB shall be fully executed by the bidder and
submitted.
Contact Information Sheet – FORM A Bidder’s Disclosure – FORM E
Addenda Acknowledgement – FORM B Document Notification Affidavit – FORM F
Reference List – FORM C Company Qualifications – FORM G
Sub-Contractor List – FORM D Disadvantaged Business – FORMS 1 to 5
ITB #24-05
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SECTION 5 – FORMS
MAILING LABEL
Cut along the outer border and affix this label to the sealed envelope to identify it as a Sealed
Solicitation Submittal.
PLEASE ENSURE THE MAILING LABEL IS AFFIXED TO THE SEALED ENVELOPE.
SEALED ITB • DO NOT OPEN
SOLICITATION #:
ITB #24-05
SOLICITATION
TITLE:
CONSTRUCTION OF PRE-
ENGINEERED METAL BUILDINGS
FOR SEBASTIAN MUNICIPAL
AIRPORT
DUE DATE/TIME: Thursday, March 14, 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 #24-05
Page 30 of 55
BID CHECKLIST
Please use the following checklist as a reference document to confirm all requirements are met in your
ITB submission. Please be advised that this checklist should not be interpreted as a comprehensive list of
all information required by this Solicitation from prospective Bidders. It simply serves as a guide for the
most significant documents to be included in the Bid and should be enhanced as deemed necessary. It is
solely the Bidder’s responsibility to read and understand all requirements and adhere to all issued
Addenda.
Requirements
OFFICE
USE
ONLY
TAB #1 – BID FORM AND SCHEDULE
Bid Form, Page 45
Schedule: Include a detailed breakdown of your estimated schedule.
TAB #2 – EXPERIENCE
Provide a list of projects completed by Bidder to demonstrate the Bidder’s experience
with similar projects in the State of Florida
TAB #3 – INSURANCE AND LICENSES
Certificate of Insurance (COI)
Licenses
TAB #4 – REQUIRED FORMS
Contact Information Sheet – FORM A
Addenda Acknowledgment – FORM B
Reference List – FORM C
Sub-Contractors - FORM D
Bidder’s Disclosure – FORM E
Required Obligations Affidavit - FORM F
Bidder Qualifications Questionnaire – FORM G
Disadvantaged Business Enterprise – FORM 1 to 5
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 #24-05
Page 31 of 55
CONTACT INFORMATION SHEET
Failure to fully complete and submit this Information Sheet may result in rejection of the submittal
DUE DATE:
Bids due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Thursday, March 14, 2024
Check Addenda for any revised opening dates before
submitting your Bid. Bids received, after the date and
time stated above will not be opened.
ITB NO.:
#24-05
RELEASE DATE:
February 15, 2024
CONTACT:
Jessica Graham
Procurement/Contracts
Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: CONSTRUCTION OF PRE-ENGINEERED
METAL BUILDINGS FOR SEBASTIAN MUNICIPAL
AIRPORT
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 propose 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.
FORM
A
ITB #24-05
Page 32 of 55
ADDENDA ACKNOWLEDGEMENT
Bidder’s Name: Phone #:
ITB Title:
CONSTRUCTION OF PRE-
ENGINEERED METAL BUILDINGS
FOR SEBASTIAN MUNICIPAL
AIRPORT
ITB #:
24-05
Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of
issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their Bid to
be considered non-responsive. To confirm the number of addenda (if any), Bidder may contact the
Procurement Division at (772) 388-8231.
ADDENDDUM # DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
Failure to fully complete, sign and submit this Form may result in rejection of the submittal
FORM
B
ITB #24-05
Page 33 of 55
REFERENCE LIST
Bidder’s Name:
List a minimum of three (3) client references that can speak to the Bidder’s experience and performance,
within the last five (5) years. The City will send Reference Check Surveys via email to the references
provided. If the contact information is incorrect or the reference does not respond, the Bidder will lose
points awarded for this criterion.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Failure to fully complete and submit this List may result in rejection of the submittal
FORM
C
ITB #24-05
Page 34 of 55
SUB-CONTRACTORS LIST
Bidder’s Name: Phone #:
ITB Title:
CONSTRUCTION OF PRE-ENGINEERED
METAL BUILDINGS FOR SEBASTIAN
MUNICIPAL AIRPORT
ITB #:
24-05
NOTE: List all sub-contractors and the percentages of work to be performed, you invited to bid on this project,
whether they were selected or not. If sub-contractors will not be used on this agreement, check the box below.
Form must be submitted with your Bid. Use additional sheets if necessary.
The City reserves the right to reject any Bids if the Bidder names sub-contractors who have previously failed
in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not
in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -
contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed 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.
Print Preparer’s Name: Title:
Signature:
Date:
Failure to fully complete, sign and submit this Form may result in rejection of the submittal
FORM
D
ITB #24-05
Page 35 of 55
BIDDER QUALIFICATION QUESTIONNAIRE
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”.
Name of Bidder: _______________________________________________________________________
Professional License (include name and license ) _____________________________________________
______________________________________________________________________________
Type of Company: ( ) An Individual ( ) A Partnership ( ) A Corporation ( ) LLC ( ) Other
If other, please describe the type of company:________________________________________________
*Attach certificate of status, competency, and/or state registration
Federal Identification #: _________________________________________________________________
Principal Office Address:________________________________________________________________
_____________________________________________________________________________________
(1) How many years has your organization been in business as a contractor under your present name?
(2) How many years’ experience in pre-engineered metal building construction work has your
organization had as a contractor?
As a sub-contractor?
(3) List below the requested information concerning projects your organization has completed in the
last five (5) years for the type of work required in this project. (Use additional sheets if
necessary). Include the type of work similar to the work included in this contract if possible.
Project Contract Required Actual Name/Address/Tel
Title Amount Completion Date Completion Date of Owner
FORM
E
ITB #24-05
Page 36 of 55
(4) Has your organization, any officer, or partner failed to complete any work awarded to you? If
so, where and why?
(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 Bidder 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, bid 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 Bid for the City of Sebastian.
BY:______________________________________ _________________________________________
Signature of Authorized Officer Date
_________________________________________
Printed Name
ITB #24-05
Page 37 of 55
REQUIRED OBLIGATIONS AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________
I, acknowledge that I have legal authorization
(Printed Name)
to contractually bind _________,
(Company Name)
I acknowledge that as part of my response to this solicitation I have read and reviewed Required Obligations in
Section 2 and Section 3.
Conflict of Interest Disclosure Notification
E-Verify Acknowledgement Notification,
o Bidder must submit their Profile Page from E-Verify with their Bid.
Immigration Laws Notification
No Collusion Notification
Drug-Free Workplace Provisions Notification
No Lobbying Notification
Public Entity Crimes Notification
Debarment and Suspension Certification Notifica tion
o Bidder must submit their Profile Page from SAM with their Bid.
Discrimination
Scrutinized Companies Notification
I hereby swear or affirm that I ha ve read and that I understand and accept all the requirements and
regulations imposed by the above-referenced required obligations and that I acknowledge and accept that
the above-referenced documents and all terms and conditions contained therein are included in the
response to this solicitation.
Signature Date
The foregoing Affidavit was subscribed and sworn to before me in person ___ or via electronic means ____this
_____ day of _________________________, 2024, by __________________________________ who is
personally known to me ___ or who has produced _______________ as identification and who did ___ or did
not ____take an oath.
Notary Public, State of ____________
My Commission Expires on: __________________
Failure to fully complete, sign and submit this Affidavit may result in rejection of the submittal
FORM
F
[Notary Seal]
ITB #24-05
Page 38 of 55
CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this
certification statement with their bid or proposal. The bidder or offeror must indicate how they intend to
comply with 49 USC § 50101 by selecting one on the following certification statements. These
statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a
checkmark () or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States, or;
b) Installing manufactured products for which the FAA has issued a waiver as indicated by
inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
The bidder or offeror hereby certifies it cannot comply with the 100% Buy American
Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under
49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with
the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid openin g, a formal
waiver request and required documentation that support the type of waiver being
requested.
2. That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination may result in rejection of the bid or proposal.
3. To faithfully comply with providing US domestic products at or above the approved
US domestic content percentage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is
more that 60% of the cost of all components and subcomponents of the “item”. The required
documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100%
US domestic content (Excludes products listed on the FAA Nationwide Buy American
Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart
FORM
G
ITB #24-05
Page 39 of 55
25.108; products of unknown origin must be considered as non-domestic products in their
entirety).
b) Cost of non-domestic components and subcomponents, excluding labor costs associated
with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total
“item” component and subcomponent costs, excluding labor costs associated with final
assembly at place of manufacture.
Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost
using non-domestic product by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code.
Date Signature
Company Name Title
Failure to fully complete, sign and submit this Form may result in rejection of the submittal.
ITB #24-05
Page 40 of 55
PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We _______________________________________, as Principal, hereinafter
called Contractor, and _______________________________, as Surety, are bound to the City of
Sebastian, Florida, as Obligee, hereinafter called City, in the amount of
____________________________ Dollars ($__________) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement entered into a Contract, No._________,
awarded the _______ day of __________________, 20___, with City which Contract Documents are by
reference incorporated herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages ident ified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction
of__________________________, the Contract being made a part of this Bond by reference, at the
times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate
proceedings, that City sustains as a result of default by Contractor under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified
in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND
EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having
performed City obligations hereunder, the Surety may promptly remedy the default, or shall
promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the
Contract, and upon determination by Surety of the lowest responsible Bidder, or, if City elects,
upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a
contract between such Bidder and City, and make available as Work progresses (even though
there should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract Price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first para graph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by
City to Contractor under the Contract and any amendments thereto, less the amount properly paid
by City to Contractor.
ITB #24-05
Page 41 of 55
PERFORMANCE BOND (Page 2 of 2)
No right of action shall accrue on this bond to or for the use of any person or corporation other than
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract and that any
changes do not affect Surety's obligation to perform under this Bond. The Surety hereby waives
notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
Signed and sealed this ______ day of _____________________, 20_____.
Contractor
WITNESSES: ______________________________
(Name of Corporation)
__________________________
Secretary By: ______________________________
(Signature)
(CORPORATE SEAL)
____________________________________________________________
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
_________________________ By: ______________________________
Agent and Attorney-in-Fact
________________________
Address: _____________________________
_________________________ (Street)
______________________________
(City/State/Zip Code)
Telephone No.: _______________________
(Notary required for Contractor’s Signature)
Sworn to and subscribed before me this _________ day of________________________, 20_____.
Personally known________________________________________________________________
Or produced identification_______________ Notary Public – State of______________________
____________________________________ My commission expires_______________________
(Type of Identification)
__________________________________________________
(Printed, typed, or stamped commissioned name notary public)
ITB #24-05
Page 42 of 55
PAYMENT BOND (Page 1of 2)
BY THIS BOND, We _______________________________________, as Principal, hereinafter
called Contractor, and _______________________________, as Surety, are bound to the City of
Sebastian, Florida, as Obligee, hereinafter called City, in the amount of
______________________________ Dollars ($____________) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement entered into a Contract No. _________, for
the _______________________________, awarded the _______ day of __________________, 20___,
with City which Contract are by reference incorporated herein and made a part hereof, and specifically
include provision for liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly or indirectly by Contractor in the performance of the
Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45) days
after beginning to furnish labor, materials, or supplies for the prosecution of the Work,
furnish to Contractor a notice that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment for
its labor, materials, or supplies shall, within ninety (90) days after performance of the
labor or after complete delivery of the mat erials or supplies, deliver to Contractor and
to the Surety, written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or
the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have
been given.
ITB #24-05
Page 43 of 55
PAYMENT BOND (Page 2 of 2)
2.4. Any action under this Bond must be instituted in accordance with the longer of the
applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or
Section 95-11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect the Surety's obligation under this Bond.
ITB #24-05
Page 44 of 55
Signed and sealed this ______ day of _______________________, 20____.
Contractor
ATTEST: ____________________________________
(Name of Corporation)
______________________ By: ____________________________________
(Secretary) (Signature)
____________________________________
(Corporate Seal) (Print Name and Title)
____ day of ___________________, 20____.
IN THE PRESENCE OF: INSURANCE COMPANY:
_________________________ By: ___________________________________
Agent and Attorney-in-Fact
_________________________ Address: __________________________________
(Street)
_________________________ ___________________________________
(City/State/Zip Code)
Telephone No.: ______________________
(Notary required for Contractor’s Signature)
Sworn to and subscribed before me this ____________day of_________________________, 20______, either ___
in person or ___ via electronic means by ______________________________________ as the
___________________________ of _______________________________ and who is:
Personally known_____________________________________________________________________
Or produced identification_______________ as follows: _____________________
NOTARY SEAL: _____________________________________________
Notary Public – State of__________________________
My Commission expires on: ______________________
ITB #24-05
Page 45 of 55
SECTION 8 - BID PRICE FORM
I, the undersigned, have become familiar with all of the Bidding Documents incorporated herein and
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 instructions, and industry standards. T he 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) consecutive calendar days’ notice by t he 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. Price and all w ork shall include
complete removal and proper disposal, in a county landfill, of all unwanted debris. Total Bid Amount is
the total cost for the work specified in this solicitation, including all materials, labor, equipment,
supervision, mobilization, permitting, overhead and profit.
NOTE: The City of Sebastian anticipates purchasing at least three (3) pre-engineered
buildings. The City may purchase 50’ x 60’ PEBs, 60’ x 60’ PEBs, or a combination. Please
submit pricing on both options. If budget allows, the City may purchase an additional PEB.
Company Name: ______________________________________________
Authorized Signature: _________________________________________ Date: _______
Printed Name: ________________________________________________
Address: _____________________________________________________
Phone Number: ____________________ E-Mail Address: ____________________________
Item No. Item Description Quantity Unit Unit Price Total Amount
50’ x 60’ PEB
1
Construction of 50’ x 60’ Pre-
Engineered Metal Building for
Sebastian Municipal Airport.
All work shall be performed per
the provided scope of work and
terms and conditions.
2 EA $ $
60’ x 60’ PEB
2
Construction of 60’ x 60’ Pre-
Engineered Metal Building for
Sebastian Municipal Airport.
All work shall be performed per
the provided scope of work and
terms and conditions.
2 EA $ $
TOTAL BID $
ITB #24-05
Page 46 of 55
SECTION 9 – FEDERAL GRANTS TERMS AND CONDITIONS
For any services or goods purchased under this Bid that involves, receives, or utilizes Federal
Grant funding, the following terms and conditions shall be considered a part of the solicitation and
resulting award and the Contractor accepts and acknowledges that it is and will continue to follow
said terms and conditions for the term of the award:
9.1 ILLEGAL ALIEN LABOR: The Contractor shall comply with all federal and state laws
prohibiting the hiring and continued employment of aliens not authorized to work in the United
States. The Contractor must not knowingly employ unauthorized aliens and should such violation
occur shall be cause for cancellation of the contract. The Contractor and its subcontractors will
utilize the E-verify system established by the U.S. Department of Homeland Security to verify the
employment eligibility of its employees.
9.2 Recovered Materials (2 CFR §200.322) applies to all contracts greater than $10,000: The
Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase pric e of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procur ement program for procurement of recovered
materials identified in the EPA guidelines.
9.3 Federal Drug-Free Workplace: The Contractor agrees to comply with the drug-free workplace
requirements for federal contractors under 41 U.S.C.A. § 8102.
9.4 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) applies if the contract is greater than or
equal to $100,000: The Contractor certifies that it has filed the required certification and that it
will not and has not used Federally appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of an agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The
Contractor must disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
9.5 Energy Efficiency / Conservation (42 U.S.C. 6201): The Contractor agrees to comply with t he
mandatory standards and policies relating to energy efficiency contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (42U.S.C.
6201).
9.6 Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as amended applies to contracts and subgrants in excess of $150,000.
The Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). The Contractor shall report any and all violations to the
Federal awarding agency and the Regional Office of the EPA, and notify OCPS concurrently
within 30 days of notice of the violation.
ITB #24-05
Page 47 of 55
9.7 Debarment and Suspension: The Contractor certifies that it complies fully with the Federal
Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. In
accordance with 2 CFR part, 180 implements Executive Orders 12549 and 12689. Furthermore,
the Contractor certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
9.8 Equal Employment Opportunity During the performance of this Bid, the Contractor agrees
as follows:
9.8.1. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
9.8.2. The Contractor will, in all solicitations or advancements for employees placed by or on
behalf of the Contractor; state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
9.8.3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee’s essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor’s legal duty t o furnish
information.
9.8.4. The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a Record
Retention and access requirements to all records The Cont ractor will send to each labor
union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or workers’ representative of the Contractor’s
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
9.8.5. The Contractor will comp ly with all provisions of Executive Order No. 11246 of Sept.
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
ITB #24-05
Page 48 of 55
9.8.6. The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
9.8.7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this Bid may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
9.8.8. The Contractor will include the provisions of paragraphs A through H in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
Contractor. The Contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in, or is threatened with, litigation with a subcontractor
or Contractor as a result of such direction, the Contractor may request the United States
to enter into such litigation to protect the interests of the United Stat es.
9.9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
The following conditions apply to Department of Transportation (DOT) assisted
contracts. Submission of a bid/proposal by a prospective Contractor shall constitute full
acceptance of these bid conditions:
9.9.1. DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall
have the same meaning as defined in to 49 CFR Part 26 Subpart D.
9.9.2. POLICY - It is the policy of DOT that DBE's as defined in 49 CFR Part 26 shall have the
maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds. Consequently, the DBE requirements of
49 CFR Part 26 apply to this contract.
9.9.3. DBE OBLIGATION - The Bidder agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with federal
funds. In this regard all Bidders shall take all necessary and reasonable steps in
accordance with 49 CFR Part 26 to ensure that DBE's have the maximum opportunity to
compete for and perform contracts. Bidders shall not discriminate on the basis of race,
color, national origin, or sex in the award and perfor mance of DOT assisted contracts.
9.9.4. COMPLIANCE - All Bidders, potential Contractors, or subcontractors for DOT assisted
contracts are hereby notified that failure to carry out the DOT policy and the DBE
obligation, as set forth above, shall constitute a br each of contract which may result in
termination of the contract or such other remedy as deemed appropriate by the Owner.
ITB #24-05
Page 49 of 55
9.9.5. SUBCONTRACT CLAUSE - All Bidders and potential Contractors hereby assure that
they will include the following clause in all subcontra cts: The contractor or subcontractor
shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as the recipient deems
appropriate.
9.9.6. CONTRACT AWARD - Bidders are hereby advised that meeting DBE subcontract goals
or making an acceptable good faith effort to meet such goals a re conditions of being
awarded DOT assisted contract. If any bidder fails to meet the DBE goals, the Bidder is
required to and must submit, along with his/her bid, proof of good faith efforts along with
a written statement of efforts and reasons for not meeting said goals, which must be
submitted with his/her bid.
The Owner proposes to award the contract to the lowest responsive and responsible
Bidder submitting a reasonable bid provided he has met the goals for DBE participation
or, if failing to meet the goals, he has made an acceptable good faith effort to meet the
established goals for the DBE participation. Bidder is advised that the Owner reserves
the right to reject any or all bids submitted.
9.9.7. NON-DISCRIMINATION - The requirements of 49 CFR Part 26, Regulations of the
U.S. Department of Transportation, apply to this contract. It is the policy of the Sebastian
Municipal Airport Authority to practice nondiscrimination based on race, color, sex, or
national origin in the award or performance of this contract. All firms qualifying under
this solicitation are encouraged to submit bids/proposals. Awar d of this contract will be
conditioned upon satisfying the requirements of this bid specification. These
requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE
contract goal of 10.00 percent has been established for this contract. The bidder/offeror
shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the
contract goal by utilizing DBEs in the performance of this contract.
9.9.8. The bidder/offeror will be required to submit the following information: (1) the names
and addresses of DBE firms that will participate in the contract; (2) a description of the
work that each DBE firm will perform; (3) the dollar amount of the participation of each
DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to
use a DBE subcontractor whose participation it submits to meet the contract goal; (5)
Written confirmation from the DBE that it is participating in the contract as provided in
the commitment made under (4); and (5) if the contract goal is not met, evidence of good
faith efforts. The attainments of goals established for this contract are to be measured
as a percentage of the total dollar value of the contract.
9.9.9. AVAILABLE DBE'S - The Owner utilizes the recent issue of the Florida Department of
Transportation "DBE Certified List". Bidders are encouraged to inspect this document to
assist in locating DBE's for the work. Credit toward the DBE goals will not be counted
unless the DBE to be used can be certified by the Owner. Any DBE used in this contract
must be certified as a DBE by Owner at the time of Bid Submittal.
ITB #24-05
Page 50 of 55
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FORMS
BIDDER'S REQUIRED SUBMISSION - The Owner requires the submission of the following bid
forms with the bid. No bid can receive a contract award without the submission of these forms.
DBE Form 1, Schedule of DBE Participation.
DBE Form 2, DBE Subcontractor Identification Affidavit.
DBE Form 3, Letter of Intent to Perform as a Subcontractor.
If a bidder cannot achieve the DBE contract goals stated in the bid document, he is required to submit the
following form:
DBE Form 4, DBE Unavailability Certification
DBE FORM H - 1 - SCHEDULE OF DBE PARTICIPATION
Name of Bidder: ______________________________ Project No.:_______________________
Project: _____________________________________ Total Bid Amount: $ ________________
NAME OF DBE
SUBCONTRACTOR
ADDRESS TYPE OF WORK
SUBCONTRACTED
DBE
VALUE
SUBCONTRACT
PERCENT
$ %
$ %
$ %
$ %
DBE PARTICIPATION TOTAL VALUE $________________________
The attainment of DBE participation goals for this contract will be measured as a percentage of the total
collar value of the contract.
The undersigned will enter a formal agreement with the DBE Subcontractors identified herein for work
listed in this schedule conditioned upon execution of a contract with
Sworn to and subscribed before me, this _____ day of _____________, 20_____.
________________________________
Signature of Notary
________________________________
Printed Name of Notary
My commission expires:
FORM
1
ITB #24-05
Page 51 of 55
DBE SUBCONTRACTOR IDENTIFICATION AFFIDAVIT
STATE OF _________________________
COUNTY OF _______________________
I HEREBY DECLARE AND AFFIRM THAT I AM THE __________________________________
(Title- Owner, President, Co-Venturer, etc.)
and duly authorized representative of ___________________________________________________
(Name of Firm)
whose address is ___________________________________________________________________
I hereby declare and affirm that I am a Disadvantaged Business Enterprise (DBE) as defined by the
contract documents cited below, and that I will provide on request information to document this fact.
This firm is interested in quoting/bidding on the following categories of work being procured for the
Project:__________________________________________________________________________
______________________________________________________________________________________________________________
This firm has current DBE/MBE/WBE certification from the following agencies:
________________________________________________________________________________
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENAL TIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED
ON BEHALF OF THE FIRM TO MAKE THIS AFFIDAVIT.
____________________________________ _______________________________________
(Date) (Affiant)
STATE OF___________________________
COUNTY OF ________________________
On this ___________ day of ________________, 20___, before me, the above signed officer, personally
appeared ________________________, known to me to be the person described in the foregoing affidavit
and acknowledged that he/she executed the same in the capacity therein stated and for the purposes
therein contained.
In witness thereof, I hereunto set my ha nd and official seal.
________________________________
Signature of Notary
________________________________
Name of Notary Printed
My commission expires:
FORM
2
ITB #24-05
Page 52 of 55
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
TO:
(Name of General Contractor Proposing)
PROJECT NO.:
The undersigned intends to perform work in connection with the above project as:
(Check one) (Check one)
a DBE individual corporation
an MBE partnership joint venture
The status of the undersigned is confirmed on the attached DBE Contractor Identification Affidavit (DBE
FORM 2).
The undersigned is prepared to perform the following described work in connection with the above
project:
at the following price: $ .
percent (%) of the dollar value of this subcontract will be further sublet and/or awarded
to other than DBE firms.
The undersigned agrees to enter into a contract with you to perform the above work, if you are awarded
the prime contract.
Date: Telephone No.
Name of DBE Subcontractor:
Firm Address:
By:
Signature
Name Typed
FORM
3
ITB #24-05
Page 53 of 55
DBE TOTALS SUMMARY
Total price bid $________________
Total DBE value $________________
Total DBE percent __________%
If the Bidder fails to meet the DBE subcontract goals established, the following information must be
submitted prior to contract award to assist the Owner in determining whether or not the Bidder made
acceptable good faith efforts to meet the contract goal.
Suggested guidance for use in determining if good faith efforts were made by a Bidder is included in 49
CFR Part 26, Appendix A.
A list of the efforts that a Bidder may make and the Owner may use in making a determination as to the
acceptability of a Bidder's efforts to meet the goal as included in Appendix A are as follows:
A. Soliciting through all reasonable and available means e.g. attendance at pre-bid meetings,
advertising and/or written notices) the interest of all certified DBEs who have the capability to
perform the work of the contract. The bidder must solicit this interest within sufficient time to
allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the
DBEs are interested by taking appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
the DBE goals will be achieved. This includes, where appropriate, breaking out contract work
items into economically feasible units to facilitate DBE participation, even when the prime
contractor might otherwise prefer to perform these work items with its own forces.
C. Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist them in responding to a solicitation.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a
portion of the work available to DBE subcontractors and suppliers and to select those portions of
the work or material needs consistent with the available DBE subcontractors and supp liers, so as
to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the information provided
regarding the plans and specifications for the work sele cted for subcontracting; and evidence as to
why additional agreements could not be reached for DBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in negotiating
with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities
as well as contract goals into consideration. However, the fact that there may be some additional
costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to
meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a
prime contractor to perform the work of a contract with its own organization does not relieve the
bidder of the responsibility to make good faith efforts. Prime contractors are not, however,
required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough
investigation of their capabilities. The contractor's standing within its industry, membership in
specific groups, organizations, or associations and political or social affiliations (for example
union vs. non-union employee status) are not legitimate causes for the rejection or non-
solicitation of bids in the contractor's efforts to meet the project goal.
F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the recipient or contractor.
FORM
4
ITB #24-05
Page 54 of 55
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials,
or related assistance or services.
H. Effectively using the services of available minority/women community organizations;
minority/women contractors' groups; local, state, and Federal minority/women bu siness
assistance offices; and other organizations as allowed on a case-by-case basis to provide
assistance in the recruitment and placement of DBEs.
NOTE: The items set forth above are merely suggested criteria and the Owner may specify that you
submit additional information on certain other actions a Bidder took to secure DBE participation in an
effort to meet the goals. A Bidder may also submit to the Owner other information on efforts to meet the
goals. This information (when applicable), as well as the DBE information submitted as specified in
Paragraph 9 above should be included with the bidder’s bid or proposal.
(10) Bidder ASSURANCE. The BIDDER hereby assures that he will meet one of the following
as appropriate (please check the appropriate space):
( ) The bidder/offeror is committed to a minimum of ____ % DBE utilization on this contract.
( ) The bidder/offeror (if unable to meet the DBE goal of 10.00%) is committed to a minimum
of ____% DBE utilization on this contract and submits documentation demonstrating good
faith efforts.
Name of bidder/offeror’s firm:
____________________________________________________________________
State Registration No. ____________________
By ___________________________________ ______________________________
(Signature) Title
Agreements between bidder/proposer and a DBE in which the DBE promises not to provide
subcontracting quotations to other bidders/proposers are prohibited. The Bidder/Proposer shall make a
good faith effort to replace a DBE subcontract that is unable to perform successfully with another DBE
subcontractor. Substitution must be coordinated and approved by the Owner.
The BIDDER shall establish and maintain records and submit regular reports, as required, which will
identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts.
END OF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
ITB #24-05
Page 55 of 55
DBE UNAVAILABILITY CERTIFICATION
I,
of , certify that on the dates below, I invited the
following DBE Subcontractor (s) to bid work items to be performed on
DATE OF DBE/
REQUEST MBE/
SOUGHT WBE NAME OF SUBCONTRACTOR WORK ITEMS
The following Subcontractors submitted bids which were not the low responsible bid:
$
$
$
$
$
$
FORM
5