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HomeMy WebLinkAboutA - 24-09-ITB Riviera Avenue and Gardenia Street Drainage Improvements INVITATION TO BID 24-09-ITB RIVIERA AVENUE AND GARDENIA STREET DRAINAGE IMPROVEMENTS Contact Person Jessica Graham, CPPB Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: jessgraham@cityofsebastian.org *Dates in this schedule occurring after the release date may be amended by the City. The City reserves the right to delay or modify dates and will notify Proposers of all changes. It is the Proposer’s responsibility to check for addenda associated with this solicitation. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Tuesday, May 14, 2024 - PRE-BID MEETING Monday, May 20, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Wednesday, May 29, 2024 2:00 PM Local Time BID DUE DATE: Thursday, June 13, 2024 2:00 PM Local Time RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, July 10, 2024 6:00 PM Local Time PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 24-09-ITB Page 2 of 46 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. INVITATION TO BID The City of Sebastian is seeking bids from licensed contractors to install pipeline and fill wetlands within an existing stormwater ditch to prevent erosion of the ditch banks within a single-family development located east of Gardenia Street terminating a t Riviera Street to the North and Chelsea Avenue to the South. The Licensed Contractor shall furnish all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for providing services. ELECTRONIC BID SECURITY Electronic bid security shall be submitted by the bidder with their bid submittal and shall be made payable to City of Sebastian, in an amount of five percent (5%) of the total bid amount, and in the form of a certified or cashier's check or a Bid Bond issued by a licensed Surety. The Bid Bond shall be issued by a company having a registered agent in the State of Florida. Personal or business checks are not acceptable. BID GUARANTEE The bidder shall warrant that the unit prices, terms, and conditions quot ed 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. BID SUBMITTAL 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. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. PRE-BID MEETING A non-mandatory Pre-Bid Meeting will be held Monday, May 20, 2024 at 10:00 AM local time at the City of Sebastian Public Works Compound located at 505 Airport Drive West, Sebastian, FL 32958 Please see below for the meeting link and call in information. 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 24-09-ITB Page 3 of 46 QUESTION DEADLINE The deadline to submit questions concerning this ITB will be Wednesday, May 29, 2024 by 2:00 PM local time. Any and all questions or communication regarding this ITB should be emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone representing a bidder) regarding this RFQ with the City Council or a City employee/representative other than this point of contact is grounds for dis qualification. BID OPENING All sealed bids are due by Thursday, June 13, 2024 by 2:00 P.M. local time. Please see below for the meeting link and call in information. 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 The total bid price and name of contractors who submitted a response to this Invitation to Bid will be read aloud. All bids submitted to the city become public record unless exempt under Florida or other law as outlined above herein. Late bids will not be opened or announced. Bidders have the option of picking up or paying for the mailed return of their late, unopened Bid. If this option is not exercised within five (5) days of the Bid Opening date, the late, unopened Bid will be disposed At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities. Advertised Date: Tuesday, May 14, 2024 By: Jessica Graham, CPPB Procurement/Contracts Manager 24-09-ITB Page 4 of 46 TABLE OF CONTENTS INVITATION TO BID 2 TABLE OF CONTENTS 4 BID CHECK LIST 5 SECTION 1 – SCOPE OF WORK 6 SECTION 2 – GENERAL TERMS AND CONDITIONS 8 SECTION 3 – SPECIAL CONDITIONS 23 SECTION 4 – FORMS 29  CONTACT INFORMATION SHEET 30  CORPORATE RESOLUTION 31  STATEMENT OF BIDDER’S QUALIFICATIONS 32  NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 34  DRUG FREE WORKPLACE PROGRAM 35  INSURANCE ACKNOWLEDGEMENT 36  CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 38  CERTIFICATION REGARDING LOBBYING 39  CERTIFICATION REGARDING SCRUTINIZED COMPANIES 40  REFERENCE LIST 41  SUBCONTRACTOR LIST 42  ADDENDA ACKNOWLEDGEMENT 43  TRENCH SAFETY ACT (IF APPLICABLE FOR THIS PROJECT) 44  BID BOND 45 ELECTRONIC PRICE SHEET INSTRUCTIONS 46 ATTACHMENT A - ELECTRONIC BID PRICE SHEET ATTACHMENT B – ROUND PIPE FINAL PLANS ATTACHMENT C – ALTERNATIVE PIPE FINAL PLANS 24-09-ITB Page 5 of 46 BID CHECK LIST This “Standardized Check List” has been provided to assist the bidders with the submission of their bid package. This Check List cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire bid document to ensure that they are in compliance. The City, in its sole discretion, reserves the right to reject any and all bids, to waive any and all formalities and reserves the right to disregard all nonconforming, non -responsive or incomplete bids. The City specifically reserves the absolute right to determine the seriousness of any proposer’s failure to specifically conform to the requirements of the proposal document. Bidders cannot utilize the City’s determination of the seriousness of any specific non- conformance as a basis to protest the award of any proposal. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non -responsive, any or all bids where bidder fails to acknowledge receipt of Addenda as prescribed. YES NO Completed Check List Complete Electronic PDF qualification submittal Contact Information Sheet Corporate Resolution Statement of Bidder’s Qualifications Non-Collusion Affidavit Drug Free Workplace Program Debarment and Suspension Certification Lobbying Certification Reference List Subcontractor List Scrutinized Companies Certification Addenda Acknowledgement Business Tax Receipt (if applicable) Proof of Professional License Bid Bond _________________________________________ _________________________________________ Authorized Signature Company _________________________________________ _________________________________________ Printed Name & Title Date 24-09-ITB Page 6 of 46 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF WORK The City of Sebastian is proposing drainage improvements to an existing ditch that extends from Riviera Avenue towards Chelsea Avenue in the back yards of residential homes along Gardenia and Evernia Streets. The existing ditch has had ongoing maintenance issues, specifically with sedimentation and slope failure. The existing ditch receives runoff primarily from a 30 -inch cross drain under Riviera Avenue, as well as from the backyards of the houses along Gardenia and Evernia Streets. The runoff from the front yards of the houses is conveyed through swales and side yard pipes, as seen on the front side of the houses. The outfall of the existing ditch is through a 40- inch plastic pipe that discharges to the front yard of 1092 Evernia Street. This project proposes to fill in the existing ditch and add ditch bottom inlets with pipes all the way to the existing 40 -inch outfall pipe at 1092 Evernia St. A shallow swale above the proposed piped system is proposed to maintain positive draina ge to the ditch bottom inlets and to prevent ponding in the backyards of the private properties. Directions to Site: Take I-95 South to exit 156 toward Sebastian. In 0.5 mile, turn left onto County Rd 512 and continue for 3.8 miles. Turn left onto Roseland Rd and then in 0.2 mile, turn left onto Riviera Ave. Arrive at the project location in 0.3 mile immediately after passing the Evernia St and Riviera Ave intersection before reaching Gardenia St. The project area (ditch) is located to the south of Rivieria Ave on the east side of 997 Riviera Ave. Project area or phase area: 0.98 acres 1.2 PERMITTING Contractor shall be responsible for permit application and all associated fees for all required permits from the State of Florida, the City of Sebastian and Indian River County. Permits have already been obtained from St John’s River Water Management District (SJRWMD) as well as Florida Department of Environmental Protection (FDEP). All other required permits would need to be obtained by the contractor 1.3 CONTRACTOR MINIMUM QUALIFICATIONS Bidders that do not meet the minimum requirements listed herein as determined by the City, at its sole discretion, will be deemed non-responsive and not considered for award. All decisions made by the City are final. 1.3.1 Contractor shall be licensed by the state of Florida as a general contractor . 1.3.1.1. Contractor must provide a copy of their license with their bid submittal. 1.3.2 Contractor shall be registered with the City of Sebastian Building Department prior to beginning work; and 1.3.3 Contractor must have a minimum of five (5) years’ experience performing drainage improvement work, or site civil work, of a similar size, scope and complexity for local and county government agencies; and 1.3.4 Contractor must have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year ; and 24-09-ITB Page 7 of 46 1.3.5 Contractor must meet insurance and bonding requirements applicable to perform the services; and. 1.3.6 Bidders will be evaluated with respect to having successfully completed projects of a similar size, nature and time frame; and. 1.3.7 The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidders to perform their obligations under the agreement and the Bidders shall furnish to the City all such information, clarification and data for this purpose as the City may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidders are qualified to properly carry out the terms of the Agreement. 1.3.8 Bidder should provide a copy of their business tax receipt, if their business is located in Sebastian, FL or Indian River County. 1.4 PROJECT REQUIREMENTS Contractor will provide a complete project including but not limited to: 1.4.1 Maintenance of Traffic, silt fence and tree protection areas. 1.4.2 Removal and disposal of existing materials. 1.4.3 Warranty – Two (2) years for defects in material and workmanship. 1.4.4 Must provide signed and sealed as-builts by a licensed surveyor. 1.5 ELECTRONIC BID SECURITY 1.5.1 An electronic bid security shall be submitted by the bidder and shall be made payable to City of Sebastian, in an amount of not less than five percent (5%) of the total bid price, and in the form of a certified or cashier's check or a bid bond issued by a licensed Surety. The bid security shall be issued by a company having a registered agent in the State of Florida. Personal or business checks are not acceptable. 1.5.2 The bid security of the successful bidder will be retained until such bidder has executed the agreement, whereupon the bid security will be returned. If the successful bidder 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 bid security of any bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the nin ety-first (91st) day after the bid opening. Bid Security of other proposers will be returned approximately ten (10) days after the Proposal Opening. 1.6 OTHER The contractor will appoint one of their employees as the key contact for approval by the City’s Project Manager. It is the City’s belief that the service required is adequately described herein. Therefore, any negotiated contract may include the entire effort required of the bidder to provide the service described. Specifically, no additional fees will be allowed for any additional services performed or any reasons whatsoever except those directly attributable to the City’s errors or omissions. 24-09-ITB Page 8 of 46 SECTION 2 – GENERAL TERMS AND CONDITION 2.1 DEFINITIONS 2.1.1. Invitation to Bid (”ITB”): This solicitation document, including any and all addenda. 2.1.2. Bid: Submission in response to this ITB. 2.1.3. Bidder: Contractor submitting a response to this ITB, “pre-award”. 2.1.4. City: Refers to the City of Sebastian. 2.1.5. 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. 2.1.6. Contractor: Selected bidder awarded a contract to provide the goods or services to the City. 2.1.7. Days: Refers to calendar days, unless otherwise stated. 2.1.8. Responsible Bidder: Bidder that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP. 2.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. 2.1.10. Shall, Must and Will: Interpreted as mandatory language. 2.2 LENGTH OF CONTRACT AND RENEWAL This ITB will result in a one-time agreement. The City seeks a Contractor that will provide timely completion and adhere to the agreed upon schedule. 2.3 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. 2.4 CANCELLATION The City r eserves the right to cancel this Invitation to bid, in whole or in part, when it is in the City’s best interest. Notice of Cancellation will be posted on VendorLink. 2.5 BID SUBMISSION 2.5.1. 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. 2.5.2. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. 24-09-ITB Page 9 of 46 2.5.3. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Contractor is responsible for allowing adequate time to upload their submittal on VendorLink. If technical difficult ies arise during the submission of the solicitation response, it is the Contractor’s responsibility to contact VendorLink technical support at support@evendorlink.com. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or ZIP file formats and printing must be enabled on all files submitted. 2.6 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. 2.7 EXECUTION OF BID SUBMITTAL Each bid submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. Only the terms and conditions of this bid, as released by the City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance. 2.8 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. 2.9 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 bidders’ responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are 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 b e 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 24-09-ITB Page 10 of 46 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 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 affecting, 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 hire any City employee or Council member, who is, or has been, directly involved with t he 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 writing within 72 hours after the solicitation document is posted or after the notice of d ecision 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 protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 24-09-ITB Page 11 of 46 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 disa grees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City 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 wh o 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 in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSH A, 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 fines levied du e 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. 24-09-ITB Page 12 of 46 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 per formed 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 among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of an y 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 commu nity 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 int erest 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 rela ted to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating t o 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 24-09-ITB Page 13 of 46 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. Bidder certifies that neither the entity proposing, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the bidder is unable to certify to all of the statement above, bidder shall attach an explanation to this bid. 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. a) Name of the business organization as specified on the Contract between City and Contractor b) Date of invoice c) Contractor’s invoice number d) Contractor’s federal identification number on file with the state e) City purchase order number and bid number f) Unit price of the goods, services or property provided g) Extended total price of the goods, services or property h) Applicable discounts 24-09-ITB Page 14 of 46 i) Description of provided goods or services j) Quantity of provided goods or services k) Date(s) of delivery of provided goods or services l) Location provided goods or services were delivered Any invoice submitted as a result of the award of this bid shall be itemized matc hing 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 and 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 f or payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 2.25 DIRECT PURCHASES The City, as a holder of a current Consumer’s Certificate of Exemption, reserves the right to make direct purchases of any materials and/or equipment included in the project to achieve sales tax savings. The City shall coordinate such purchases with the Contractor. To the extent requested by the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that will be installed by Contractor), inspection, installation and testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, to the extent that any furnished and installed materials directly purchased by the City were included in the Contractor’s Guaranteed Maximum Price (GMP), the GMP will be reduced by the amount included for ea ch item. 2.26 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. 2.27 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 24-09-ITB Page 15 of 46 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. 2.28 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. 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 pr ocurement 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. 2.29 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. 2.30 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. 2.31 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. 2.32 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. 2.33 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 24-09-ITB Page 16 of 46 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 employees. 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. 2.34 LOCAL VENDOR PREFERENCE Effective October 14, 2009, City of Seba stian adopted a local vendor preference. City Code Sec. 2-11. Local Vendor Preference Policy (a). Definitions. (1) Local business means the vendor has: a) A valid business tax receipt issued by the City of Sebastian or by Indian River County at the time a bid or proposal is submitted, and b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or Bid. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its Bidder in a Bid or bid submittal to the city will lose the privilege to claim local preference status for a period of two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, person property, general services, personal property, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competiti ve bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business Bidder. 24-09-ITB Page 17 of 46 Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a qualified and responsive bid within five percent of the lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business submits an offer that matches the lowest bid submitted, then the award shall be made to such local business. If the lowest local area business Bidder declines or is unable to match the lowest bids, then the option to do so moves to the next qualified and responsive local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive Bidder. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a qualified and responsive local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business’s total bid amount required to match the lowest total bid. (2) Ties. In the event of any tie in the final bid price between a qualified and responsive local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full- time employees working in the City of Sebastian or the greater local area respectively shall be awarded the contract or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the City’s purchasin g policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the bid. The City Council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. 24-09-ITB Page 18 of 46 (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials bid for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, Bidders or corporations submitting bids or Bids. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. 2.35 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. 2.36 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: 2.36.1. Does not participate in a boycott of Israel; and 2.36.2. Is not on the Scrutinized Companies that Boycott Israel Lis t; and 2.36.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.36.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.36.5. 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 sub mitted by bidder, this contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Sudan List or the Scrutinized Companies with Activities in the 24-09-ITB Page 19 of 46 Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria. 2.37 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. 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 fur nish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal. All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to starting work. If the bidder is a State Certified General Contractor, or a State Registered General Contractor the bidder must be registered with the City of Sebastian. 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. 24-09-ITB Page 20 of 46 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. The Contr actor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract 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 contra ctor 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 24-09-ITB Page 21 of 46 system can be obtained at the U.S. Department of Homeland Security webs ite: http://www/dhs.gov/E-Verify. 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 Immigration and Nat ionality 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 unla wful 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 imposed 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 control led substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 2.46.4. 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 24-09-ITB Page 22 of 46 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). 2.48 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of a proposal, Respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List. 2.49 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 other wise 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. 2.50 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. 2.51 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 compl y 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 t he City and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.52 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 Contractor d esignates 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: City of Sebastian Attention: Procurement/Contracts Manager 1225 Main Street, Sebastian, FL 32958 Telephone: 772-388-8231 Email: jessgraham@cityofsebastian.org. 24-09-ITB Page 23 of 46 SECTION 3 - SPECIAL CONDITIONS 3.1 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. 3.2 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. 3.3 TIMELINE / SCHEDULE This bid will result in a single agreement for completion of the scope of work prior to July 31, 2026. The City reserves the right to extend these dates, at its sole discretion. The City seeks a contractor that will provide timely completion and adhere to the agreed upon schedule. 3.4 CHANGE ORDERS 3.4.1. 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 co nsidered 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. 3.4.2. 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. 3.5 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. 3.5.1. 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, 24-09-ITB Page 24 of 46 inconsistencies, or faults immediately at no additional cost to the City. The contractor shall understand and agree to the following: 3.5.1.1. 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 3.5.1.2. Contractor shall at all times provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision making authority; and 3.5.1.3. Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing an y service under this agreement; and 3.5.1.4. 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. 3.6 SITE INSPECTION AND DUE DILIGENCE Bidders are obligated to carefully examine the project specification, as well as exercising due diligence regarding any and all current and pre-existing conditions at the project site. Prior to submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions which may affect the work to be performed. Prior to the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any and all such pre-ex isting 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. 3.7 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. 3.8 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. 24-09-ITB Page 25 of 46 3.9 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to any type of negligence on the part of the awarded contractor, their employees or other agents. The contractor must show reasonable attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by the awarded contractor, their employees or their agents. The contr actor 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, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the satisfaction of the project manager. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the satisfaction of the project manager at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager. 3.10 REMOVAL OF DEBRIS 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 empl oyees, 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 worksite hazards. 3.11 WARRANTY The contractor shall warrant and guarantee all goods, labor and services for a period of no less than two (2) 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. L abor shall be warranted for no less than two (2) 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. 3.12 PAYMENT/PERFORMANCE BONDS 3.12.1. 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 N otice 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.) 3.12.2. 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 24-09-ITB Page 26 of 46 contractor may furnish as security in favor of the City a certified check, a cashier’s check or an irrevocable letter of credit. 3.12.3. 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. 3.12.4. Attorneys-in-fact who sign bonds must file with each bond a certified and effective dated copy of their power of attorney. Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended), and be authorized to transact business in the state of Florida. 3.13 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 t he work, and/or required by municipal, state and federal regulations, laws and procedures, unless specifically provided otherwise in the bid documents. For more information on the City of Sebastian, Building Department, please visit: https://www.cityofsebastian.org/171/Building-Business-Tax. 3.14 OWNERSHIP OF THE WORK 3.14.1. 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: 3.14.1.1. Final invoice with documentation. 3.14.1.2. The Contract Completion Form 3.14.1.3. Acceptance from City of Sebastian Building department 3.14.1.4. Warranty information to include effective dates, contact information, and details on the scope of coverage. 3.14.1.5. Cut sheets and Operations and Maintenance manuals for any installed equipment. 3.14.1.6. As -Built Drawings 3.14.1.7. Contractor internal work orders / employee timesheets upon request 3.14.1.8. Certified payroll, upon request 3.14.1.9. Any other documents as requested by the City 24-09-ITB Page 27 of 46 3.15 INSURANCE REQUIREMENTS 3.15.1. The City of Sebastian is to be specifically included as an additional insured on all certificates of insurance (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days prior to the expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 3.15.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. 3.15.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 3.15.4. Minimum coverage with limits and provisions are as follows: 3.15.4.1. Commercial General Liability: The Successful Bidder shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City and shall name the City as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. 3.15.4.2. Business Automobile: Successful Bidder shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for:  Owned Automobiles  Hired Automobiles  Non-Owned Automobiles 3.15.4.3. Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 3.15.4.4. Workers' Compensation: The Successful Bidder shall provide and maintain workers’ compensation insurance for all employees in the full 24-09-ITB Page 28 of 46 amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. 3.15.4.5. Pollution Liability: Successful Bidder shall provide and maintain pollution liability Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Contractor, all arising out of the Goods delivered or Services (including transportation risk) performed under this Contract is required. Combined single limit per occurrence shall not be less than $1,000,000 (one million dollars). Annual aggregate limit shall not be less than $1,000,000 (one million dollars). 3.15.4.6. An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. 3.15.5. The Contractor shall declare any self -insured retention or deductible amount in excess of $5,000 for any policy. The City reserves the right to reject any self -insured retention or deductible in excess of $5,000. 3.15.6. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. REST OF PAGE INTENTIONALLY LEFT BLANK 24-09-ITB Page 29 of 46 SECTION 4 FORMS 24-09-ITB Page 30 of 46 CONTACT INFORMATION SHEET Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check Addenda for any revised opening dates before submitting your bid. Bid(s) received, after the date and time stated above, will not be opened. DUE DATE: June 13, 2024 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: Riviera Avenue and Gardenia Street Drainage Improvements ITB NO.: #24-09-ITB 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 Each bid submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a Corporate Resolution is not provided with the bid submittal, the bid submittal shall be marked non-responsive. 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. 24-09-ITB Page 31 of 46 CORPORATE RESOLUTION I, ______________________________, Board President of ______________________________, a corporation organized and existing under the laws of the State of _____________________, hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on _____________________, 202__, at which a quorum was present and a cting throughout, the following resolutions were adopted and are now in full force and effect: RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation a bids and agreements, of which bids and agreements include a hold harmless and indemnification clause. I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME OFFICIAL SIGNATURE IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this _____ day of ____________, 2024. Board President Signature: __________________________________________________ 24-09-ITB Page 32 of 46 STATEMENT OF BIDDER’S QUALIFICATIONS Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. Some Information may not be applicable, in such instances insert “N/A”. Project: Riviera Avenue and Gardenia Street Drainage Improvements ITB # 24-09-ITB Name of Proposer: ____________________________________________________________ Bidder’s Address:______________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Professional License (include name and license ) ____________________________________ (1) How many years has your organization been in business as a contractor under your present name? (2) How many years’ experience in stormwater construction and/or drainage improvement work has your organization had as a contractor? As a sub-contractor? (3) Use additional sheets to list the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. o Project Title o Contract Amount o Required Completion Date o Actual Completion Date o Name/Address/Telephone # of Owner (4) Has your organization, any officer, or partner failed to complete any work awarded to you? If so, where and why? 24-09-ITB Page 33 of 46 (5) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (6) Has your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) (6) Has bidder’s organization or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? ( ) YES ( ) NO (6) Has bidder’s organization been declared in default, terminated or removed from a contract or job related to the services your company provides in the regular course of business within the last five (5) years ( ) YES ( ) NO (6) Has your organization filed any request for equitable adjustment, contract claims, protest, or litigation in the past five (5) years that is related to the services provided in the regular course of business? ( ) YES ( ) NO (6) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this ITB for the City of Sebastian. BY:______________________________ ____________________________________ Signature of Authorized Officer Date _________________________________ Printed Name 24-09-ITB Page 34 of 46 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________________________ COUNTY OF _________________________________ __________________________ , being duly sworn, deposes and says that: (1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid. (2) He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any ot her bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Sebastian, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. ____________________________________ (Signed) ____________________________________ (Title) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this _______ day of _______________, _______ (year) by _____________________________, who is personally known to me or who has produced _______________________________ as identification and who did (did not) take an oath. ______________________ (Signature of Notary Public) ______________________ (Name of Notary – Typed, printed or stamped) ______________________ (Notary Seal / Serial Number) ______________________ (Date) 24-09-ITB Page 35 of 46 DRUG FREE WORKPLACE PROGRAM Each construction contractor regulated under Part I of Chapter 489, F.S., and each electrical contractor and alarm system contractor regulated under Part II of Chapter 489, F.S., who contracts to perform construction work under a state contract for educational facilities governed by Chapter 1013, for public property or publicly owned buildings governed by Chapter 255, or for state correctional facilities governed by Chapter 944 shall implement a drug-free workplace program as described in Chapter 440, Florida Statutes. In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no lo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. _________________________________________ Authorized Signature _________________________________________ Company _________________________________________ Date 24-09-ITB Page 36 of 46 INSURANCE REQUIREMENTS ACKNOWLEDGEMENT STANDARD INSURANCE REQUIREMENTS Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 and should reference the operation. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebas tian. Minimum coverage with limits and provisions are as follows: 1) Commercial General Liability: The Successful Bidder shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City and shall name the City as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance sha ll be written on an “occurrence” form. 2) Business Automobile: Successful Bidder shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for:  Owned Automobiles  Hired Automobiles  Non-Owned Automobiles 3) Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 4) Workers' Compensation: The Successful Bidder shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. 5) Pollution Liability: Successful Bidder shall provide and maintain pollution liability Insurance covering Contractor’s or appropriate subcontractor’s liability for bod ily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Contractor, all arising out of the Goods delivered or Services (including transportation risk) performed under this Contract is required. Combined single limit 24-09-ITB Page 37 of 46 per occurrence shall not be less than $1,000,000 (one million dollars). Annual aggregate limit shall not be less than $1,000,000 (one million dollars). An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that a rise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. Successful Bidder shall further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation insurance. Other Insurance Provisions : The City is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal cer tificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause – Successful Proposer to declare self-insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that a ll subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. _________________________________ _________________________________ Authorized Signature Company _________________________________ _________________________________ Printed Name & Title Date 24-09-ITB Page 38 of 46 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). 2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covere d transaction it enters into. 3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, sub part C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or prop oser further agrees to include a provision requiring such compliance in its lower tier covered tra nsactions. _____________________________________ _____________________________________ Authorized Signature Address _____________________________________ _____________________________________ Printed Name & Title City, State, Zip Code _____________________________________ _____________________________________ Company Date 24-09-ITB Page 39 of 46 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS (TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence a n officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and. submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in th e award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor ______________________________ certified or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. _________________________________________ Signature of Contractor’s Authorized Official _________________________________________ Name and Title of Contractor’s Authorized Official _________________________________________ Date 24-09-ITB Page 40 of 46 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority - owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been p laced on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority - owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date 24-09-ITB Page 41 of 46 REFERENCE LIST Bidder’s Name: Phone #: ITB Title: Riviera Avenue and Gardenia Street Drainage Improvements ITB #: 24-09-ITB List a minimum of three (3) governmental or commercial references that can speak to the bidder’s experience and performance, within the last five (5) years. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect or the reference does not respond, the bidder will lose points awarded for this criterion. Use additional sheets as necessary. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: 24-09-ITB Page 42 of 46 SUBCONTRACTOR LIST Bidder Name:: Phone #: Solicitation Title: Riviera Avenue and Gardenia Street Drainage Improvements Solicitation #: 24-09-ITB NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP 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 RFP. Use additional sheets if necessary. The City reserves the right to reject any proposals if the proposer 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. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date 24-09-ITB Page 43 of 46 ADDENDA ACKNOWLEDGEMENT Bidder Name:: Phone #: Solicitation Title: Riviera Avenue and Gardenia Street Drainage Improvements Solicitation #: 24-09-ITB 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. ADDENDUM # 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: 24-09-ITB Page 44 of 46 TRENCH SAFETY ACT (IF APPLICABLE FOR THIS PROJECT) SECTIONS 553.60-553.64, FLORIDA STATUTES NOTICE TO BIDDERS: In order to comply with the Trench Safety Act, the Bidder is required to specify the costs of compliance. These costs are not a separate pay item. The Bidder must also reference the Trench Safety Standards which will be in effect during construction, and a ssure in writing that the Bidder will comply with the applicable Trench Safety Standards. Trench Safety Measure Units of Measure Quantity Unit Cost Extended Cost _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ TOTAL $____________ Company Name Authorized Representative Authorized Representative Signature Date BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and existing under the Laws of the State of _________________________ with its principal offices in the City of _________________________ and authorized to do business in the State of Florida, in the full and just sums of ____________ Dollars ($____________) 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 bid for 24-09-ITB, Riviera Avenue and Gardenia Street Drainage Improvements, 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 Bid, 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 Bid 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 ___________________, 202___. ATTEST: PRINCIPAL: _____________________________________ _____________________________________ Name and Title Name and Title ATTEST: SURETY: _____________________________________ _____________________________________ Name and Title Name and Title 24-09-ITB Page 46 of 46 Attachment A - Electronic Price Sheet Instructions The Electronic Price Sheet, Attachment A, is in Excel Format. Bidders must upload their completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the following worksheets: 1) Option 1 - Round Pipe Pricing a. Pricing on this worksheet is MANDATORY. b. This pricing is all inclusive. All rates include the costs of mobilization and demobilization, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. 2) Option 2 - Alternative Pipe Pricing a. Pricing on this worksheet is MANDATORY. b. This pricing is all inclusive. All rates include the costs of mobilization and demobilization, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. NOTE: The City is requesting pricing on two separate methods to complete the drainage improvements. During the evaluation process the city will determine which option will be selected for award.