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HomeMy WebLinkAboutF - 24-07-RFP Disaster Recovery Debris Removal Addendum 1 Final Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 1 of 4 ADDENDUM NO. 1 April 17, 2024 RFP #: 24-07-RFP, Disaster Recover Debris Removal The original Request for Proposal shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. REVISED DUE DATE: Please note the due date for this solicitation has changed. Please see below for the revised due date. SECTION 1: QUESTIONS 1. Question: With the qualifications that the City is requesting, we wanted to see if the City would increase the page limitation to 50 or more pages. We want to make sure that we are providing the best possible proposal and answering all requirements. We thank you for the consideration. Answer: Please see Section III, Attachments of this addendum. Section 4 has been revised. 2. Question: Has the city determined which landfill(s) can be used? If so, please provide locations. Answer: The closest landfill, and the one the City has used in the past, is located at 1325 74th Ave SW Vero Beach, FL 32968. This location is approximately 23 miles from the Debris Management Site. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Friday, March 22, 2024 - PRE-PROPOSAL MEETING Tuesday, April 9, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Wednesday, April 10, 2024 2:00 PM Local Time RFP DUE DATE: Monday, April 22, 2024 4:00 PM Local Time EVALUATION COMMITTEE MEETING April 29, 2024 (tentative) 9:00 AM Local Time ORAL PRESENTATIONS/INTERVIEWS TBD, If Required - RECOMMENDATION OF AWARD – CITY COUNCIL MEETING May 22, 2024 6:00 PM Local Time PROPOSAL SUBMITTAL All proposals must be submitted via VendorLink electronically at https://www.myvendorlink.com/. Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 2 of 4 3. Question: Will CPI increases be allowed. If they are allowed, will they be considered yearly or at contract renewal? Answer: CPI increases will not be allowed during the initial contract term (2 years from date of award). However, the City may allow a CPI increase at contract renewal. 4. Question: Will there be a public bid opening? And if so, can you please provide call in #, zoom/Webex link or similar for the responding bidders to be present? Answer: There will be a public Proposal Opening at the Sebastian City Hall. Please see below for the meeting link and call in information. Please note, only the names of the proposers will be read at the Proposal Opening. https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df Meeting ID: 136259113 Password: JhzXZgfvah Or dial: +1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824 5. Question: The pricing sheet dictates that the debris resulting from the removal of hazardous trees and hanging limbs will have a unit rate per tree which includes hauling the resulting debris to DMS or final disposal site. This would require collection trucks to follow the tree removal crews and ONLY pick up debris from their work, thereby skipping piles of debris and leaving it on the street to be picked up by another collection truck. If there is a major event, collection tru cks will be more efficiently used if they could travel the ROW and pick up ALL debris rather than skipping piles and only following the tree crew. This also means that all resulting debris will have to be staged separately at the DMS to insure no comingling of debris is allowed. There will be a need for additional equipment to manage the site segregated for hazardous tree work or there will be lost time in moving equipment between the two areas. Limited Debris Management Sites, their size and locations often make this scenario extremely difficult. The typical method is to price hazardous trees and hanging limbs as a “cut only” rate and to place the resulting debris in the ROW for collection as vegetative debris (item 1). This method frees up collection truck s and expedites the collection process. Will the City consider changing the scope to allow for the debris from removing hazardous leaning trees and hanging limbs to be placed in the ROW to be collected and paid for as regular vegetative debris? Answer: Yes. Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. 6. Question: Will the City accept redlines/modifications to the indemnity General Terms and Conditions. Answer: No. 7. Question: The RFP lists a Truth-in-Negotiations Certificate and Affidavit and Identical Tie Proposal form as required to be submitted in Section 1 of the proposal however these forms were not included in the RFP document. Can the City please provide these forms? Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 3 of 4 Answer: The Truth-in-Negotiations Certificate does not apply. The Identical Tie Proposal Form is the Drug Free Workplace Program form. The language in section 4.8.2.2 has been revised. Please see Section III, Attachments. Question: Can you please provide the address that the original bid bond should be sent to? Answer: The City will accept Electronic Bonds. Please submit a copy of your electronic bond with your proposal. 8. Question: Line Items 6 & 7 are typically placed on the ROW and hauled under Line Item 1. Will the City allow the tree debris to be placed on the ROW and hauled under Line Item 1? Answer: Yes. Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. 9. Question: Since Line Item 8b is a disposal cost, isn’t it included in Line Item 19? If Line Item 8b is for hauling of the reduced vegetative debris, please provide the Origin/Destination in Column E although Line Item 4 covers that scope of work. Please clarify. Answer: Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. 10. Question: Will the debris from Line Item 10 be hauled off from the ROW under Line Items 1 and 8? Answer: If the debris is within the ROW it will be removed along with item 1 (Loading and Hauling Vegetative Debris). This line item is for if the City asks the company to assist in cleaning the culverts and catch basins. It was anticipated this cleaning and removal would require a vacuum truck and associated clearing of vacuum truck. 11. Question: Is C&D compaction (reduction) at the DMS to be included in Line Item 8? Typically, C&D Reduction by Compaction is a separate line item. Answer: The Electronic Price Sheet has been revised. Management Reduction categories have been added for work occurring at the DMS site. 12. Question: Will the City consider adding a line item for putrescent waste disposal from refrigerators (per pound) to the Price Schedule? Answer: Yes. Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. 13. Question: For Line Item 8b, What is meant by Veg Cubic Yard per Weighed Ton? Is this supposed a tonnage price for haul out from the DMS? Answer: Item 8b has been removed as it is covered under other line items on the price sheet. Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. 14. Question: Line item 8a is for haul out of C/D debris from the DMS to Final Disposal. Line items 9a and 9b are also for haul out of C/D debris from the DMS to Final Disposal. Can the city clarify the circumstances when debris would be charged under line item 8a instead of 9a and 9b? Answer: Please see revised Electronic Price Sheet uploaded to VendorLink as part of this addendum. Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 4 of 4 15. Question: Will the City allow the below modification to the Indemnity Agreement? Answer: Yes. Please see Section II of this addendum for the revised language. 16. Question: The list of Required Forms in Section 4.8.2.2 on page 43 lists C. Identical Tie Proposals. The Form C provided is titled Drug Free Workplace. A) Can you confirm is this is the same form, titled differently? B) Or will another form be provided? Answer: The Identical Tie Proposal Form is the Drug Free Workplace Program form. The language in section 4.8.2.2 has been revised. Please see Section III, Attachments. 17. Question: Additionally, Section 4.8.2.2 lists Form E. Truth-in-Negotiations Certificate and Affidavit. This form is not within the RFP. A) Will it be provided? Answer: The Truth-in-Negotiations Certificate does not apply. The language in section 4.8.2.2 has been revised. Please see Section III, Attachments. 18. Question: Page 46, Section 4.9.2 references “Attachment E, Cost Proposal.” The Cost Proposal provided is Attachment A. A) Can you confirm the reference to Attachment E is in error, and that the only Cost Proposal is Attachment A? Answer: The Cost Proposal is Attachment A. The language in section 4.8.2.2 has been revised. Please see Section III, Attachments. SECTION II: REVISION/CLARIFICATIONS TO SOLICITATION  Page 21, has been amended to add Section 1.33: 1.33 ELECTRONIC PROPOSAL SECURITY Electronic proposal Security shall be submitted by the proposer and shall be made payable to City of Sebastian, in an amount of not less than five percent (5%) of the proposal price and in the form of a certified or cashier's check or a proposal bond issued by a licensed Surety. The proposal price will be based on Emergency Debris Removal worksheet from the Electronic Price Sheet. The Proposal Security shall be issued by a company having a registered agent in the State of Florida. Personal or business checks are not acceptable. Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 5 of 4 The proposal security of the successful proposer will be retained until such proposer has executed the agreement, whereupon the proposal security will be returned. If the successful proposer fails to execute and deliver the agreement within fourteen (14) days of the Notice of Award, the City will annul the Notice of Award and the proposal security of that proposer will be forfeited. The proposal security of any proposer whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the ninety-first (91st) day after the Proposal Opening. Proposal Security of other proposers will be returned approximately ten (10) days after the Proposal Opening.  Page 30, section 2.32 has been amended to read: 2.32 INDEMNIFICATION The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its officers and employees, from all third-party 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 . 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 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. SECTION III: ATTACHMENTS  Revised Section 4 – Evaluation Procedures o Replace current pages 42-48 with the updated pages attached to this addendum.  Proposal Security Form  Revised Attachment A – Electronic Price Sheet o Uploaded to VendorLink in Excel  2024 FDEP Debris Site Approval o Uploaded to VendorLink  Debris Removal Staging Airport Detail o Uploaded to VendorLink  Debris Removal Map City Overview and Zones o Uploaded to VendorLink Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Page 6 of 4 Sincerely, Jessica Graham, CPPB Procurement/Contracts Manager Acknowledgment of Addendum No. 1 by Contractor The Respondent hereby acknowledges receipt of the following Addendum: This addendum shall be completed and signed by an authorized representative and returned with the solicitation submittal. The Acknowledgement of the Addendum receipt will become an integral part of the solicitation document. In acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications. All other bid terms, conditions, and specifications as originally issued remain unchanged _____________________________________ _____________________________________ Printed Name Signature _____________________________________ _____________________________________ Title Date 24-07-RFP Page 42 of 65 SECTION 4 – EVALUATION PROCEDURE 4.1 It is the intent of the City that all responsive and responsible proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. 4.2 Proposals shall include all information solicited in this RFP. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstr ation, since oral presentations or demonstrations may not be solicited. Each proposer will be ranked based on the criteria herein addressed. 4.3 Weights for cost will not be assigned by the evaluation committee. Cost will be scored by the Procurement Division based on the criteria in 4.9. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a proposer’s submittal. After written clarification is completed, the Committee members will have an opportunity to revise their individual scores for the non-price factors. 4.4 An adjective-based scoring system shall be applied to the qualification criteria throughout the evaluation process for the evaluation of the written responses and the oral discussions. A score of 0 is the least favorable and a score of 4 is the most favorable in all sections. 4.5 The Proposer’s response will be scored by Committee members in accordance with the following scale: Weighted Value Description 0 “Non-Responsive”: No information provided for the specific criteria. Proposer failed to address the criteria. No documentation was provided. 1 “Insufficient Evidence”: Proposal is lacking or inadequate in most basic requirements for the specific criteria 2 “Partial/Basic Evidence”: Proposal meets many of the basic requirements for the specific criteria but is lacking in some essential aspects. 3 “Sufficient Evidence”: Proposal adequately meets the minimum requirements of the specific criteria and is generally capable of meeting the City’s needs. 4 “High Level Evidence”: Proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member’s score times the “weighted value” assigned to the different sections listed here equals the total score for that section. (EXAMPLE: Maximum score of 4 X’s weighted value of 10 = Maximum of 40 Points). 4.6 Proposers submitting the required criteria will have their proposals evaluated by an evaluation team and scored for the proposal criteria factors to include but not limited to 24-07-RFP Page 43 of 65 the ability of the professional personnel; past performance; willingness to meet time requirements; and recent, current, and projected workloads. 4.7 Proposal Requirements 4.7.1. Pages should be sequentially numbered at the bottom of the page. 4.7.2. Proposals should be concise and provide only the information requested. Additional data will not be considered. 4.7.3. The Proposal shall be limited to no more than fifty (50) pages (Not including the required forms listed in Tab 1 or the Required Tabs). Any responses exceeding fifty (50) pages, not including the required forms or tabs, may be considered non- responsive and not considered for award. 4.8 Proposal Submittal Format Proposers shall include the following information in their written response document. 4.8.1. Title Page: (Non-scored) - Title Page shall show the request for proposal's subject, title and proposal number; the firm's name; the name, address and telephone number of a contact person; and the date of the proposal. 4.8.2. TAB 1 – Transmittal Letter & Mandatory Forms: (Non-scored) 4.8.2.1. The response shall contain a cover letter by a person who is authorized to commit the Firm to perform the work included in the proposal and shall identify all materials and enclosures being forwarded in response to the RFP. The letter shall also provide a brief description of the Firm’s ability to meet the requirements of the RFP, to include a statement that they are financially capable to perform the scope of work required for this project and provide a brief discussion about Firm’s business history in the marketplace. 4.8.2.2. Required Forms A. Contact Information Sheet B. Non-Collusion Affidavit Form C. Identical Tie Proposals Drug Free Workplace Program D. Insurance Requirements Acknowledgement E. Truth-in-Negotiations Certificate and Affidavit F. Certification Regarding Debarment and Suspension G. Disclosure of Lobbying H. Reference List I. Subcontractor List J. Addenda Acknowledgement 24-07-RFP Page 44 of 65 4.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. 4.8.4. TAB 3 – Summary of Qualifications: (maximum 4 x 6 = maximum 24 points 4.8.4.1. Business History – provide a brief history of the company’s background. Include at a minimum a general description of work performed by company; date company was established; number of years owner has worked in this area of business; and physical location of facility servicing this account. 4.8.4.2. Company Owned Equipment – provide a comprehensive list of equipment available for use with this contract. 4.8.4.3. Current Contracts - provide a list of current contracts, preferably in the southeastern United States. Include type of event, contract value, duration of contract and interaction with FEMA. 4.8.4.4. Past Performance – provide a comprehensive list of past performance and list type of disaster, scope of work, dollar value, reference name, email address & phone number. Proposers must have a least five (5) years’ experience satisfactorily providing the proposed services to a municipality or other public entity. If the Proposer does not have any experience with providing similar services to a public entity, the City may accept similar experience for a private entity, at the City’s sole discretion. 4.8.4.5. Financial Resources – notarized statement showing the Contractor’s maximum bonding capacity; and that the Contractor has an available bonding capacity for a minimum of $100,000.00 dollars specifically for each event. Statement should also identify if the contractor has ability to increase their bonding capacity if necessary and include the maximum bonding capacity. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida not an agent or broker. Narrative of financial capability. 4.8.4.6. Litigation – provide a summary of any litigation filed against the proposer in the past five (5) years that is related to the services to be provided. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome and the monetary amounts involved. 4.8.4.7. If firm is currently or has previously provided services for the City of Sebastian, please provide an itemized list of these projects to include contact person, length of time service was provided and value of contract. 4.8.5. TAB 4 – Qualification of Team: (maximum 4 x 5 = maximum 20 points) 4.8.5.1. Project team (knowledge of municipal government industry) 4.8.5.2. Proposers shall specifically list the proposed team to carry out the services defined herein. Include qualifications, experience, resumes 24-07-RFP Page 45 of 65 and knowledge of working with municipalities in the areas of strategic planning and coordination for those listed as the proposed team. 4.8.5.3. Key Personnel – indicate specifically the personnel who will have primary responsibility for the City’s contract. Also indicate all key individuals and their tasks and/or areas of expertise. Identify the percentage of work to be completed by subcontractors. 4.8.5.4. Training – list all certifications of staff applicable to work performed under this contract. 4.8.5.5. Field Organization Chart. 4.8.6. TAB 5 – Technical Approach: (maximum 4 x 8 = maximum 32) 4.8.6.1. Management Plan – provide a management plan for each category of work describing what actions will be taken for a disaster generating debris such as those found in a category 3 storm. The plan should include items such as: number and locations of TDSR sites, minimum size, type and numbers of hauling equipment, management and supervision staff, and the methodology for scheduling and routing the removal of debris (vegetative, C&D, mixed, white metals, and hazardous waste). 4.8.6.2. Mobilization – discuss your capacity and plan for mobilization and plan for mobilization. 4.8.6.3. Subcontractors – provide subcontractor list; outline plan for using local participation as subcontractors. Discuss inclusion of small and minority businesses. 4.8.6.4. Staging Sites – provide a typical debris staging area inspection tower drawing. 4.8.6.5. Load Ticket – provide a sample load ticket that incorporates City’s requirements. 4.8.6.6. Public Announcements/Notices – discuss plan/procedures for keeping citizens apprised of recovery process and list proposed venues for dissemination of information. 4.8.6.7. Invoicing/Auditing – discuss ability to track and record all work for invoicing and auditing purposes. 4.8.6.8. Other unique services your company can provide. 4.8.7. TAB 6 – REFERENCES: (maximum 4 x 1 = maximum 4 points) 4.8.7.1. Use References form to list at least three (3) client references in which disaster debris removal services were provided within the last five (5) years. 4.8.7.2. At least two (2) of these references should be government entities with a minimum of 150 or more employees. 4.8.7.3. At the discretion of the Evaluation Team, the Procurement/Contracts Manager may request and tabulate written references and make a 24-07-RFP Page 46 of 65 report to the Team or assign a Team member to do so. Reference checks are typically completed on the short-listed firms only; however, the City reserves the right to expand reference checks to other firms or during other phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process. 4.9 COST PROPOSAL: (maximum 4 x 5 = maximum 20 points) 4.9.1. Provide cost proposal in a separate PDF labeled “RFP #24-07 cost proposal”. 4.9.2. Please See Attachment A, Cost Proposal 4.9.3. Cost Proposals will be scored by the Procurement Division. 4.9.4. Calculation of points for cost will be completed as described in the following EXAMPLE. Proposal Cost Lowest Cost Proposed % of Low (Low proposal/Prop osal Cost) Multiplier Total Points Assigned (% of Low * Multiplier) Company A $100,000.00 $100,000.00 100% 20 20 Company B $108,000.00 $100,000.00 92.6% 20 18.52 Company C $120,000.00 $100,000.00 83.3% 20 16.66 4.10 Selection & Award Process The Evaluation Team will evaluate each written Qualification submittal on the basis of the criteria in the RFP. Evaluation Criteria Total Possible Points Tab #1 – Summary of Qualifications 24 Tab #2 – Qualifications of Team 20 Tab #3 – Technical Approach 32 Tab #4 - References 4 Cost Proposal 20 MAXIMUM POSSIBLE POINTS 100 MBE/WBE/DBE Business (only used in the event for a tie to the highest total points) 5 24-07-RFP Page 47 of 65 4.11 Based on the evaluation of the written submittals and the closeness of the scores determined by said evaluation, the City may choose to conduct oral discussions/interviews with the top three or more firms for clarification, and to assure full understanding of, and conformance to, the solicitation requirements, and to clarify the firms’ qualifications. Should the Evaluation Team (E-Team) request oral discussions/interviews, the following procedures will apply. 4.12 Oral Discussions/Interviews (maximum 100 points) 4.12.1. The short-listed firms will be provided with written questions from the Evaluation Team. The Evaluation Team will conduct oral discussions with the short-listed Firms. The Firms will then be scored by the Evaluation Team. 4.12.2. Oral discussions/interviews and/or presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). Oral discussions/interviews will provide an opportunity for the Firm to demonstrate their ability to use time efficiently, effectively and economically. 4.12.3. The City’s Procurement Department will establish the schedule, and Proposers will be notified within a reasonable time period (generally 7-calendar days) in advance of the date, time and place of the discussion. The time frame for oral discussions/interviews with each firm will not exceed 45 minutes. The specific format of each discussion will be provided to Proposers with the notifications. 4.12.4. Scoring for this phase will not be combined with the previous phase. Scoring for the oral discussions/interviews will be based on the following Evaluation Criteria, using the same adjective-based scoring as described previously in this section: Evaluation Criteria Total Possible Points Firm Staff information presented in the oral discussions response to questions related to Firm Staff, if any 35 Firm Experience information presented in the oral discussions, and response to questions related to Firm Experience, if any 40 Firm Approach/Capabilities information presented in the oral discussions, and response to questions related to Firm Approach/Capabilities, if any 25 4.12.5. The Evaluation Team will complete its final scores for oral/discussions presentations for short-listed firms. 4.12.6. Final Evaluation Team scores will be completed by the Chairman (Procurement/Contracts Manager). The Procurement/Contracts Manager reserves the right to request additional analysis/review by the Evaluation Team if he/she deems additional evaluation is warranted. 24-07-RFP Page 48 of 65 4.12.7. The Procurement/Contracts Manager shall review the ranking, and post a Notice of Intended Decision. The recommendation will then be sent to the City Manager for placement on the Council Agenda to request City Council permission to award contracts with the selected proposer(s). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Disaster Recovery Debris Removal 24-07-RFP Page 66 PROPOSAL SECURITY KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and existing under the Laws of the State of _________________________ with its principal offices in the City of _________________________ and authorized to do business in the State of Florida, in the full and just sums of ____________ Dollars ($____________) good and lawful money of the United States of America, to be paid upon demand of the City of Sebastian, Florida to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firm these presents. WHEREAS, the Principal has submitted to the City of Sebastian, Florida, a proposal for 24-07-RFP, Disaster Debris Recovery, and WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified cashier’s check or otherwise required to accompany this Proposal, and WHEREAS, the City requires a financial statement of the Surety Company to be included as a part, of this contract and the Surety Company must appear on the Treasury Department’s most current list (Circular 570 as amended). NOW, THEREFORE: the conditions of this obligation are such that if the Proposal is accepted, the Principal shall, within fifteen (15) days after the receipt of notification of the acceptance thereof, execute a contract in accordance with the Bid and upon the terms and condition of such Bid, in the form and manner required by the City, and execute a sufficient and satisfactory Public Construction Bond or separate Payment and Performance Bonds payable to the City, in an amount not less than the total contract price, as indicated by the approximate quantities shown in the Bid, in form and with security satisfactory to the City, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the surety shall, upon the failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid City upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of ___________________, 2024. ATTEST: PRINCIPAL: _____________________________________ _____________________________________ Name and Title Name and Title ATTEST: SURETY: _____________________________________ _____________________________________ Name and Title Name and Title