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HomeMy WebLinkAboutA - 24-10-ITB Citywide Pest Control Services (Rebid) INVITATION TO BID 24-10-ITB CITYWIDE PEST CONTROL SERVICES (REBID) 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: Thursday, May 2, 2024 - PRE-BID MEETING Tuesday, May 14, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Wednesday, May 15, 2024 2:00 PM Local Time BID DUE DATE: Thursday, May 30, 2024 2:00 PM Local Time RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, June 12, 2024 6:00 PM Local Time PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 24-10-ITB Page 2 of 47 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 pest control contractors to provide scheduled preventative pest control services; and as needed pest control services for the treatment of public facilities within the City of Sebastian. 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. 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/SITE VISIT A non-mandatory Pre-Bid Meeting will be held Tuesday, May 14, 2024 at 10:00AM local time at the City of Sebastian City Hall located at 1225 Main Street, Sebastian, FL 32958. A site visit will be held immediately after the Pre-Bid meeting. ATTENDANCE AT THE PRE-BID MEETING IS HIGHLY RECOMMENDED QUESTION DEADLINE The deadline to submit questions concerning this ITB will be Wednesday, May 15, 2024 at 2:00PM 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 ITB with the City Council or a City employee/representative other than this point of contact is grounds for disqualification. BID OPENING All sealed bids are due by Thursday, May 30, 2024 by 2:00 P.M. local time. Only the NAME of the 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. 24-10-ITB Page 3 of 47 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. By: Jessica Graham, CPPB Procurement/Contracts Manager 24-10-ITB Page 4 of 47 TABLE OF CONTENTS INVITATION TO BID 1 TABLE OF CONTENTS 4 BID CHECKLIST 5 SECTION 1 – SCOPE OF WORK 6 SECTION 2 – GENERAL TERMS AND CONDITIONS 14 SECTION 3 – SPECIAL CONDITIONS 30 SECTION 4 –FORMS 33  CONTACT INFORMATION SHEET 34  CORPORATE RESOLUTION 35  STATEMENT OF BIDDER’S QUALIFICATIONS 36  NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 38  DRUG FREE WORKPLACE PROGRAM 39  INSURANCE ACKNOWLEDGEMENT 40  CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 42  CERTIFICATION REGARDING SCRUTINIZED COMPANIES 43  REFERENCE LIST 44  SUBCONTRACTOR LIST 45  ADDENDA ACKNOWLEDGEMENT 46  EXHIBIT B ELECTRONIC PRICE SHEET INSTRUCTIONS 47 EXHIBIT A – FACILITY LOCATIONS EXHIBIT B – ELECTRONIC BID PRICE SHEET 24-10-ITB Page 5 of 47 BID CHECKLIST 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 Reference List Scrutinized Companies Certification Addenda Acknowledgement Exhibit B – Electronic Bid Price Sheet Business Tax Receipt, if applicable Proof of Professional License _________________________________________ _________________________________________ Authorized Signature Company _________________________________________ _________________________________________ Printed Name & Title Date 24-10-ITB Page 6 of 47 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF WORK The City of Sebastian is requesting bids for monthly Pest Control Services. There are approximately thirty-nine (39) locations requiring exterior and interior pest control treatment. 1.1.1 The Contractor shall be responsible for full treatment pest control ser vice including inspection and treatment for rats & mice; cockroaches, all types of ants, moths, flies, fleas, lice, ticks, spiders, mites, wasps, silverfish, and any other pest (all locations) not specifically excluded from the Agreement. Rat and mouse inf estations located in burrows in the ground adjacent to the building are included. 1.1.2 Bidder shall ensure that all the buildings listed are free from all insects, rodents and pests. 1.1.3 When necessary to install additional rodent bait boxes, the Contractor shall supply a written report to the City, which indicates the box location(s), date of installation and removal. 1.1.4 Pest control treatment shall be performed by the Contractor at least once each month during the City's normal business hours, 8:00 a.m. - 4:30 p.m. (closed for lunch from 12:00pm-1:00pm) Monday through Friday. If required, the bidder shall provide 72 hours advance written notice if a building, office, or area needs to be vacated for pest control treatment. 1.1.5 The bidder shall be responsible for full compliance with the applicable federal, state, and local pesticide laws and regulations. 1.1.6 All insecticides, rodenticides, and bait stations shall be removed from the premises at the conclusion of the Agreement. Written certification of s uch removals shall be submitted to the City's representative. 1.1.7 The City reserves the right to negotiate with the Contractor for the purchase of related pest control services such as extermination of termites, wood bores, bees, beehives, bats and birds not specifically covered herein. 1.1.8 For services outside of the monthly treatments, the bidder must respond onsite to service calls within 24 twenty-four hours from notification. 1.2 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. 1.2.1 Bids will be considered only from firms, whic h are regularly engaged in the business for services as noted herein, and possess at least five (5) years of experience (as verified by Sunbiz.org) providing such services to commercial accounts. Bidder shall have sufficient financial support, equipment and organization to ensure that they can satisfactorily execute the service if awarded the contract under the terms and conditions herein stated. 24-10-ITB Page 7 of 47 1.2.2 Contractor must be properly licensed to do business. Bidder should provide evidence of certification and licens ing per Florida Statute 482 for all employees working under this contract providing pest control services in the categories specified in this bid. 1.2.3 Contractor must meet insurance requirements applicable to perform the services; and 1.2.4 Bidder shall be experienced in the work provided and shall provide a minimum of three (3) governmental (federal, state, local) references, within the state of Florida, of similar, current and ongoing contracts within the last three years ; and 1.2.5 Bidder must provide a copy of their business tax receipt, if their business is located in Sebastian, FL or Indian River County. 1.3 CONTRACTOR’S EMPLOYEES 1.3.1 Any employee of the contractor performing work at City Facilities, on behalf of the contractor, must be identifiable by: 1.3.1.1. A company uniform; 1.3.1.2. proper identification; and 1.3.1.3. A marked vehicle 1.3.2 The awarded contractor shall only assign employees who are competent, skilled and licensed to work under this contract. 1.3.3 Upon execution of contract, the Contractor shall supply the City with a list of employees that will provide services under this contract including: 1.3.3.1. Full Name of Employee 1.3.3.2. Emergency telephone 1.3.3.3. Copy of applicable license 1.3.4 This list shall be kept current at all times. This list shall include all company officers and employees under this contract. The awarded contractor shall be responsible for keeping this list up to date. 1.4 INTERIOR AND EXTERIOR START UP SERVICE 1.4.1 The successful bidder shall, at the beginning of the contract, inspect the interior and exterior of each building for any openings or conditions, such as building modifications, which may result in pest and/or rodent control problems shall be reported to the designated City representative. Including, but not limited to the following: 1.4.1.1. Openings/cracks on the outside or inside of building 1.4.1.2. Foliage to close to building 1.4.1.3. Trees over hanging building 1.4.2 The successful bidder shall service all building exteriors. 24-10-ITB Page 8 of 47 1.4.3 Exhibit A, Facility Locations, outlines facilities that require interior services. For interior service, bidders must use a pesticide specifically designed for such use per the manufacturer’s recommendation on the label. 1.4.4 INITIAL STARTUP SERVICE SHALL BE REQUIRED DURING THE FIRST THIRTY (30) DAYS AFTER THE START OF THE CONTRACT. 1.5 INSPECTIONS 1.5.1 The successful bidder shall perform a monthly inspection of the buildings and notify the City representative of any potential problem areas such as openings/cracks, foliage and trees too close to the building and any condition that may harbor insects close to building. The inspection shall be performed after the interior/exterior service is performed. All issues/discrepancies shall be noted on the service ticket as provided by the suc cessful bidder. The inspection shall be at no additional charge to the City and shall be incorporated into the successful bidder’s pricing. 1.5.2 All work shall be performed under the supervision of an individual certified by the State of Florida in accordance with Federal, State, local laws and requirements. All pesticides shall be procured, processed, handled and applied in strict accordance with the manufacturer’s label. All pesticides applied shall be registered with the Environmental Protection Agency (EPA) and applicable state agency for the enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 1.5.3 Contractor shall furnish all labor, tools, equipment, transportation, and material needed to inspect and perform full treatment pest control services for all areas and buildings specified herein, but not limited to, rooms, toilets, hallways, and stairwells. 1.6 INSECT CONTROL 1.6.1 Definition of Insect Control Services 1.6.1.1. Insect control is defined as those measures, which are necessary to completely suppress crawling and flying insect populations, including arachnids, within the City buildings covered by the Agreement through the use of properly registered and labeled insecticide products and approved devices. 1.6.1.2. Fogging – Modern equipment and products will be used for fogging all areas, including crawl spaces, mechanical and equipment rooms. 1.6.1.3. Devices – Approved mechanical or electronic devices may be integrated with insecticide programs with the concurrence of the City. 1.6.1.4. Follow-up Inspections & Callbacks – During the life of the Agreement, the premises covered shall be inspected periodically to determine the effectiveness of the programs in progress. The Contractor shall make such inspections, document the results of such inspections in writing and submit to the City. In addition, the City reserves the right to conduct inspections of the insect control program at unannounced times and at unannounced intervals, 24-10-ITB Page 9 of 47 for evaluation purposes. The Contractor shall promptly initiate actions to correct all deficiencies found. 1.6.1.5. Callbacks or follow-up service – During the life of the Agreement, callbacks or follow up services shall be provided as the need arises at no additional cost to the City. Call back response shall be within four (4) hours 1.6.1.6. Restrictions – In all instances, insecticide products, regardless of toxicity category, shall be applied in strict compliance with label instructions. No insecticide shall be applied in any area while City personnel are present. In situations where space applications are proposed, the Contractor shall present written notification to the City 72 hours in advance of the proposed application. Such notification shall include the target pest(s), the room number(s) and/or building(s) to be treated, the product to be used, the method of application, and provisions for tenant and employee safety. No such applications shall be made without the written approval of the City. No product identifiable as a fumigate shall be used in any City space for any purpose. 1.6.1.7. Safety – No insecticide shall be applied or handled in any manner inconsistent with applicable Federal, State or local safety laws, regulations or ordinances. The environment and the public shall be protected at all times. 1.6.1.8. Exceptions – Subterranean termite control involving soil injections of termicides is not included in the Agreement. Where swarms of winged insects appear inside of structures, they may be controlled by the use of appropriate compounds. 1.6.2 Pesticide Requirements 1.6.2.1. Pesticide Products – No pesticide shall be used in any manner inconsistent with its labeling. All pesticides used in the pest control program shall be properly labeled for the control of the target pests against which they are being used and label instructions shall be strictly adhered to. 1.6.2.2. Interior Pesticide 1.6.2.2.1. Some locations require monthly interior services and others require interior service on an “as needed bases.” Please refer to Attachment A to see the breakdown of where and when services will be performed. 1.6.2.2.2. Pesticide application shall be applied only at the infestation site and designated surrounding areas, leading to its origin, using the appropriate type of pesticide and applied per the manufacturer’s recommendation on the label. 1.6.2.2.3. Shall be heavy-duty, commercial formula with low/no odor, and shall be pre-approved by the City prior to use. 24-10-ITB Page 10 of 47 1.6.2.3. Exterior Pesticide 1.6.2.3.1. Shall be a liquid residual pesticide, lasting a minimum of forty- five (45) days from day of application. Pesticides used on exterior application shall not be water soluble, so when irrigation is utilized, the application is not washed away or diluted, canceling out its effectiveness. 1.6.2.3.2. The exterior of all buildings are to be treated monthly with a thirty (30) to forty-five (45) day residual pesticide from the foundation, three (3) feet up and three (3) feet out to accomplish a six (6) foot barrier around the perimeter of the entire building, and applied per the manufacturer’s recommendation on the label. 1.6.2.3.3. Pesticides shall not kill or cause harm to the various grass laid at Palm Beach County locations (St. Augustine, Bahia, Bermuda). Pesticides used on buildings shall be non-staining and non- destructive to wood, stucco, concrete, plaster or paint finishes. 1.6.2.3.4. All insecticide products used shall be properly registered and labeled for the control of the pests against which the product(s) are being applied. Insecticide products may be applied as surface sprays, following the crack and crevice criteria, as dust or baits applied to areas inaccessible to sprays, or as space applications using dry fog methods for flying insect control. No insecticide shall be used in any manner inconsistent with its labeling. 1.7 EXCEPTIONS 1.7.1 The following pest control functions are not included in the Monthly Service price, but may be quoted under this contract and added on a case by case basis for services as needed: 1.7.1.1. Termite control 1.7.1.2. Wood, bores 1.7.1.3. Bees 1.7.1.4. Beehive Removal 1.7.1.5. Bird control 1.7.1.6. Bat control 1.7.1.7. Snake control 1.7.1.8. Yellow jacket or wasp removal 1.7.1.9. Fumigation 24-10-ITB Page 11 of 47 1.8 RODENT CONTROL 1.8.1 Definition of Rodent Control Services 1.8.1.1. Rodent control is defined as those measures necessary to suppress populations of rats, mice, and/or any other mammalian species, which become a pest within or around the City premises covered by the Agreement. 1.8.1.2. Required Services – The rodent control measures required of the bidder includes repelling, trapping, and poisoning programs directed at providing environmentally safe space for City personnel and other related agencies. 1.8.1.3. Products and Devices – Any properly registered rodenticide or any device approved by Federal and/or State regulatory agencies may be used in rodent control programs under the Agreement, except those products and or devices, which are excluded for just cause. No rodenticide may be used in any manner inconsistent with its labeling. 1.8.1.4. Tenant and Public Safety – All rodenticides, regardless of packaging, shall be placed in tamperproof, locked or sealed boxes in order to protect the public and non-target species. 1.8.1.5. Program Evaluation – The City reserves the right to evaluate programs in progress in terms of effectiveness and safety, and to require such changes as are indicated. The bidder shall take prompt action to correct identified program deficiencies. 1.8.1.6. Structural Changes – Structural changes shall be the responsibility of the City. 1.8.2 Rodent Control Services 1.8.2.1. Services shall include but not be limited to supplying, setting and maintaining bait stations. The successful bidder shall conduct monthly inspections of the bait stations. The successful bidder shall inspect all placed baited traps, remove any trapped rodents, and replace bait in bait boxes. 1.8.2.2. Monthly service of rodent bait stations shall be provided at the locations listed in Exhibit A, Fac ility Locations, per the following specifications: 1.8.2.2.1. Additional bait stations and/or the replacement of bait stations shall be supplied by the successful bidder and shall meet, or exceed the following salient characteristics: shall be tamper proof heavy-duty molded black plastic box approved for indoor or outdoor use, shall hold up to one pound of dry bait and include horizontal and vertical bait securing rods to keep bait in the station. Approximate size 24-10-ITB Page 12 of 47 shall be 11 1/2" x 12" x 6 1/2". Placement of additional bait stations shall be determined by the designated City representative and successful bidder’s technician. 1.8.3 HURRICANE PREPARATIONS 1.8.3.1. All outside bait stations will need to be picked-up seventy-two (72) hours before a hurricane is predicted to reach landfall in Indian River County. The City of Sebastian will provide a storage space for the bait stations until the hurricane clears. All bait stations shall be returned to their location within seventy-two (72) hours after the hurricane has cleared and it has been determined safe to resume outside activities by the National Weather Service. 1.9 CHEMICALS 1.9.1 All insecticides, pesticides, fungicides, rodenticides, and traps used in the performance of this service contract shall conform to federal, state and local, and OSHA requirements with respect to their toxicity, environmental safety, and public health hazards. They are to be approved and in compliance with existing EPA labeling and the use requirements under the Federal Insecticide, Fungicide, and Rodenticide Act, latest revision. 1.9.2 Upon request from the City, Contractor shall furnish a list of all chemical insecticides, pesticides, fungicides, and rodenticides used in servicing the various facilities. This list shall include percentage strength of each ma jor active ingredient for insecticide and pesticide. This list shall also indicate any chemical, insecticides or pesticides used in monthly nuisance pest control that may be hazard to City personnel. When new chemicals are added, the contractor must supply a revised list to the City. 1.9.3 Provide a copy of a Safety Data Sheet (SDS), as required by the Occupational Safety and Health Administration, for each type and brand of chemical used during the duration of the contract. SDS must be pr9ovided prior to application. The successful bidder shall maintain a separate file with duplicate copies of the sheet(s) for each chemical used. 1.9.4 Bidder shall have available a chemical that can be used in certain offices/areas, where employees have respiratory problems. 1.10 SAFETY 1.10.1 The contractor shall be responsible for the safe use and application of the pesticides used in the pest control program. Protective clothing, equipment, and devices shall, as a minimum, conform to Occupational Safety and Health Administration (OSHA) st andards for the products being used. 1.10.2 Bidder shall be responsible for instructing City personnel in safety measures considered appropriate. 1.10.3 Bidder shall dispose of all pesticides, insecticides, fungicides, rodenticides, residue, and containers in accordance with the labels or other regulatory requirements. The listed refuse or contaminated waste shall not be disposed of on City property. 24-10-ITB Page 13 of 47 1.11 REPORTS 1.11.1 Pest prevention service report indicating type of pest, chemical applied, date, location, and comments or recommendation shall be submitted monthly for each facility. Reports shall be sent to the following email addresses: rpaul@cityofsebastian.org, PChapline@CityofSebastian.org, and JTesta@CityofSebastian.org 1.12 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 pro vide 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 24-10-ITB Page 14 of 47 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 a nd substance. 2.1.10. Shall, Must and Will: Interpreted as mandatory language. 2.2 LENGTH OF CONTRACT AND RENEWAL This ITB will result in an agreement with an initial term of 24 months (2 years), with two (2) subsequent twelve (12) month renewal terms. 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 reserves the right to cancel this Invitation to bid, in whole or in part, when it is in the City’s best interest. Notice of Cancellation will be posted on VendorLink. 2.5 BID GUARANTEE The bidder shall warrant that the unit prices, terms, and conditi ons 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. 24-10-ITB Page 15 of 47 2.6 BID SUBMISSION 2.6.1. 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. 2.6.2. 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. 2.6.3. 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 difficulties 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. 2.7 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 constitu te 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 materia ls 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 ex emptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the bidder must in his or her response specifically identify the material which is deemed to be exempt and 24-10-ITB Page 16 of 47 cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772- 388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 2.10 NON-COLLUSION By submitting a bid, bidder certifies that all information contained in the bid is truthful to the best of their knowledge and belief. bidder further certifies, under oath, that this bid is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Bidder further certifies that bidder has not divulged discussed, or compared this bid with other bids and has not colluded with any other bidder or parties to the bid. Any violation of this provision will result in the 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 app earance 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 tempora rily hire any City employee or Council member, who is, or has been, directly involved with the bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 2.12 PROTEST PROCEDURE 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 decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value. T he 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 24-10-ITB Page 17 of 47 protest shall state, with particularity, the facts and law upon whic h the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.12.1. 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 neces sary, 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 prot estor 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 who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests. The No-Contact Period shall commence on the initial date of the advertisement for this bid and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the bidder from consideration. 2.14 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 24-10-ITB Page 18 of 47 2.15 NPDES REQUIREMENTS Contractor shall comply with the state of Florida rules and regulati ons for the National Pollutant Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and SWPPP Permits shall be included in the Bid Price. For further information on compliance with their rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes. 2.16 INDEPENDENT CONTRACTOR RELATIONSHIP The contractor is, and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall at all times, and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agreement, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, 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 CONTRACTOR’S REPRESENTATIVE The contractor must provide a point of contact for the term of this RFP 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 ot her issues. If the point of contact differs between regular work hours, after -hours, weekends, and holidays, this must be provided. The contractor shall ensure that all personnel assigned to work on this project on their behalf must be dressed appropriately and clean at all times. Any person who is present on the job site on behalf of the contractor must be provided and display on their clothing proper identification at all times. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the City’s sole discretion. 2.18 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. 2.19 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY The City reserves the right to utilize any other contract, including, but not limited to, the following: any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university sys tem, cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves 24-10-ITB Page 19 of 47 the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City, at any time dur ing this agreement term. 2.20 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 2.20.1. A predecessor or successor of a person or corpor ation convicted of a public entity crime, or 2.20.2. 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 2.20.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 2.20.4. 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. 2.21 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. 2.22 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 thir ty (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. 24-10-ITB Page 20 of 47 2.23 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. 2.24 INVOICING Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below. 2.24.1. Name of the business organization as specified on the Contract between City and Contractor 2.24.2. Date of invoice 2.24.3. Contractor’s invoice number 2.24.4. Contractor’s federal identification number on file with the state 2.24.5. City purchase order number and bid number 2.24.6. Unit price of the goods, services or property provided 2.24.7. Extended total price of the goods, services or property 2.24.8. Applicable discounts 2.24.9. Description of provided goods or services 2.24.10. Quantity of provided goods or services 2.24.11. Date(s) of delivery of provided goods or services 2.24.12. Location provided goods or services were delivered Any invoice submitted as a result of the award of this bid shall be itemized matching the items on the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple line purchase orders. An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order number will be returned to the contractor for resolution of the discrepancies and resubmitted. It shall be understood that invoices shall not be authorized for payment until the w ork is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other 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. 24-10-ITB Page 21 of 47 2.25 PAYMENT The City will only pay the dollar amounts as authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made unless specified in the purchase order. Failure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 2.26 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 each item. 2.27 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. 2.28 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. 2.29 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. 2.30 SUBCONTRACTORS AND SUPPLIERS The bidder is required to identify any and all subcontractors and/or suppliers that will be used in the performance of the proposed contract and to clearly identify in their submission the names, portions and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the bid and contract documents creates any contractual relationship between any subcontractor or suppliers and the City of Sebastian. Contractor shall be responsible for the timely payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the contractor in default of the contract. 24-10-ITB Page 22 of 47 2.31 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. 2.32 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. 2.33 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. 2.34 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 t o 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. 2.35 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 n egligence, recklessness, or intentionally wrongful conduct of the contractor or its Sub -Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or 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 co ntractor 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. 2.36 LOCAL VENDOR PREFERENCE Effective October 14, 2009, City of Sebastian adopted a local vendor preference. City Code Sec. 2-11. Local Vendor Preference Policy 24-10-ITB Page 23 of 47 (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 competitive bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business Bidder. Within five working days after the posting of the qualified and r esponsive 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 l owest 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 24-10-ITB Page 24 of 47 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 situati ons, or for litigation related legal services, as described in the City’s purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the bid. The City Council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials 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. 24-10-ITB Page 25 of 47 2.37 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. 2.38 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: 2.38.1. Does not participate in a boycott of Israel; and 2.38.2. Is not on the Scrutinized Companies that Boycott Israel List; and 2.38.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.38.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.38.5. 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 fa lse certification has been submitted by bidder, this contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 , Florida Statute, or have been engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontract ors 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. 2.39 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 24-10-ITB Page 26 of 47 incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal. All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to starting work. If the bidder is a State Certified General Contractor, or a S tate Registered General Contractor the bidder must be registered with the City of Sebastian. 2.40 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. 2.41 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 t he 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. 2.42 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 ter m of this agreement, the City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price. 2.43 LIQUIDATED DAMAGES The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor 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 24-10-ITB Page 27 of 47 supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages. 2.44 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. 2.45 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES A Vendor Performance Report form will be utilized to document unsatisfactory performance during the ter m 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 a nd/or suspension of the contractor from future bidding. 2.46 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 C FR 52.222-54 (as amended) is incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the contract (3) utilize E-Verify to verify the employment eligibility of all employees assigned to the contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Information on registration for and use of the E -Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. 2.47 IMMIGRATION LAWS The City will not intentionally award City contracts to any firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents. 2.48 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, bidder certifies the following: 2.48.1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 24-10-ITB Page 28 of 47 2.48.2. 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. 2.48.3. Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 2.48.4. 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. 2.48.5. 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. 2.49 DEBARMENT AND SUSPENSION 2.49.1. bidder certifies to the best of its knowledge and belief that it and its principals: 2.49.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2.49.3. 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; 2.49.4. 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 2.49.5. 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. 2.49.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Awar d Management (SAM). 2.50 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. 2.51 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 24-10-ITB Page 29 of 47 services and support to the City under this bid, nor will any part of such data be sold, assigned, leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of performance of the Services) or commercially exploited by or on behalf of the contractor. The contractor will not possess or assert any lien or other right against such data. 2.52 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. 2.53 DATA BREACH Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification Event"), Contractor will notify the City immediately and will comply with the requirements of Section 501.171, F.S. assume responsibility for all costs associated with complying with the breach notification and informing all such individuals by applicable law. The Contractor agrees to indemnify, hold harmless and defend the City and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.54 COPYRIGHTS The parties want to ensur e that the City has the ability to obtain copyrights, trademarks, service marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared for the City which is eligible for copyright protection in the United States or elsewhere shall be work made for hire as a commissioned work. If any such work is deemed for any reason not to be work made for hire, Consultant assigns all right, title and interest in the copyright in such work, included but not limited to copyrights in text, two-dimensional and three-dimensional representations or animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance reasonably requested by the City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at the City’s expense but without additional compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under Federal, State or International law, relating to the work d eveloped or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use of subsequent modification. 2.55 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 designates the address set forth on the first page of this bid document as its place for receiving notice, and the City designates the following address es for such notice: City of Sebastian Attention: City Manager 1225 Main Street, Sebastian, FL 32958 City of Sebastian Attention: Procurement/Contracts Manager 1225 Main Street, Sebastian, FL 32958 Telephone: 772-388-8231 Email: jessgraham@cityofsebastian.org. 24-10-ITB Page 30 of 47 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 technicalit y. Payment discounts will not be considered for bid evaluation purposes. 3.2 CPI ADJUSTMENTS The initial term of the awarded contract is 24 months (2 years), with two (2) subsequent 12 month renewal terms. The City of Sebastian acknowledges the fluctuating nature of prices for services specified in this solicitation, for the renewal periods. All requests for price adjustments must be submitted in writing to the Procurement/Contracts Manager, with substantial documentation, including but not limited to, applicable market indexes for product/service affected, Consumer Price Index (CPI) published by the US department of Labor, and any other documentation supporting the request for price adjustment. The requested price adjustment sha ll not exceed the published CPI rate or 5%, whichever is less. All price increase(s) and decrease(s) shall become effective only upon approval, in writing, by the City Manager. Price increases shall not be retroactive. Moreover, if mutually agreed upon, the price adjustment(s) shall be valid for the next contract/renewal term period and are subject to audit as to the validity/accuracy at any time by City personnel. 3.3 LOCATIONS (ADDITIONS / DELETIONS) The locations listed herein are now in service. The City of Sebastian reserves the right to add or delete locations and/or services to/from the term contract, as it becomes necessary to the applicable lot. Pricing for additional locations will be negotiated with the contractor. 3.4 SITE INSPECTION AND DUE DILLIGENCE Bidders are obligated to carefully examine the project specification, as well as exercising due diligence regarding any and all current and pre-existing conditions at the project site. Prior to submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions which may affect the work to be performed. 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 dama ge 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. 3.5 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 24-10-ITB Page 31 of 47 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. 3.6 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. 3.7 INSURANCE 3.7.1. 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 said expiration date. The certificate s hall provide a thirty - (30) day notification clause in the event of cancellation or modification to the policy. 3.7.2. 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. 3.7.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 3.7.4. Minimum coverage with limits and provisions are as follows: 3.7.4.1. 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 sha ll 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. 3.7.4.2. 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 24-10-ITB Page 32 of 47  Non-Owned Automobiles 3.7.4.3. 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. ** 3.7.4.4. 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. 3.7.4.5. 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 $500,000 (five hundred thousand). Annual aggregate limit shall not be less than $1,000,000 (one million dollars). 3.7.4.6. 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. 3.7.5. 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. 3.7.6. 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. 24-10-ITB Page 33 of 47 SECTION 4 FORMS 24-10-ITB Page 34 of 47 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: 05/30/2024 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: CITYWIDE PEST CONTROL SERVICES (REBID) ITB NO.: #24-10-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. 24-10-ITB Page 35 of 47 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 acting 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: __________________________________________________ 24-10-ITB Page 36 of 47 STATEMENT OF BIDDER’S QUALIFICATIONS Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while inclu ding the requested information. Some Information may not be applicable, in such instances insert “N/A”. Project: Citywide Pest Control Services (Rebid) ITB # 24-10-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 pest control service 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 wor k 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? 24-10-ITB Page 37 of 47 (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 24-10-ITB Page 38 of 47 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 an 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 __________ COUNTY OF __________ 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) 24-10-ITB Page 39 of 47 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 24-10-ITB Page 40 of 47 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 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 $500,000 (five hundred thousand). Annual aggregate limit shall not be less than $1,000,000 (one million dollars). 24-10-ITB Page 41 of 47 An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environ mental 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. 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 t he insurance coverage expires prior to the completion of this contract, a renewal certificate 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 all 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 24-10-ITB Page 42 of 47 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). 2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or prop oser further agrees to include a provision requiring such compliance in its lower tier covered transactions. _____________________________________ _____________________________________ Authorized Signature Address _____________________________________ _____________________________________ Printed Name & Title City, State, Zip Code _____________________________________ _____________________________________ Company Date 24-10-ITB Page 43 of 47 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 placed 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 op erations 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 24-10-ITB Page 44 of 47 REFERENCE LIST Proposer’s Name: List a minimum of three (3) governmental (federal, state, or local) references that can speak to the proposer’s experience and performance, within the last five (5) years. The City will conduct Reference Checks for the provided references. If the contact information is incorrect or the reference does not respond, the proposer 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: 24-10-ITB Page 45 of 47 SUBCONTRACTOR LIST Proposer’s Name: Phone #: RFP Title: Citywide Pest Control Services (Rebid) RFP #: 24-10-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 24-10-ITB Page 46 of 47 ADDENDA ACKNOWLEDGEMENT Bidder’s Name: Phone #: ITB Title: Citywide Pest Control Services (Rebid) ITB #: 24-10-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 nu mber of addenda (if any), bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: 24-10-ITB Page 47 of 47 EXHIBIT B ELECTRONIC PRICE SHEET The Electronic Price Sheet, Exhibit B, is in Excel Format. Bidders must upload their completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the following worksheet: 1) Citywide Pest Control (Rebid) a. Pricing on this worksheet is MANDATORY. b. This pricing is all inclusive. All rates shall include all costs associated with providing the requested services. c. All facilities shall receive exterior service. d. Locations requiring monthly interior service or bait boxes are identified below with the service location. e. Additional interior service will be requested on an ‘as-needed’ basis. These service requests must be covered in the monthly service cost. No addit ional money will be paid for interior services requested on an ‘as needed’ basis.