HomeMy WebLinkAbout24-17-ITB - Concrete Services
Invitation to Bid
24-17-ITB
CONCRETE SERVICES
(CONCRETE CURB, SIDEWALK, DRIVEWAY, RESTORATION,
EXCAVATIONS, SWALE IMPROVEMENT)
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, June 27, 2024 -
PRE-BID MEETING N/A -
QUESTIONS DUE DEADLINE: Monday, July 8, 2024 12:00 PM Local Time
BID DUE DATE: Monday, July 15, 2024 12:00 PM Local Time
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, July 24, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
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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 qualified contractors for miscellaneous concrete restoration on
an as-needed basis within the City of Sebastian. Concrete services will include, but not be limited to,
concrete curb, sidewalk, driveway, restoration, excavations, and swale improvement.
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 sp ecified herein will not be accepted.
PRE-BID MEETING
A pre-bid conference will not be held. It shall be the full responsibility of the BIDDER to visit and
inspect the site before submission of a bid. No variation in price or condition shall be permitted based on
a claim of ignorance. Submission of a bid is evidence that the BIDDER has familiarized himself with the
nature and extent of the work and any conditions that may, in any manner, affect the work to be done, and
the labor, materials, and equipment required
QUESTION DEADLINE
The deadline to submit questions concerning this ITB will be Monday, July 8, 2024, at 12:00 PM local
time. Any 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 Monday, July 15, 2024, by 12:00 P.M. local time.
The proposal opening will be held virtually. Proposals will be opened at 12:15P.M local time. The lump
sum amount and firm name will be read aloud.
Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
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Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
All bids submitted to the city become public record unless exempt under Florida or other law as outlined
above herein.
Late bids will not be opened or announced. Bidders have the option of picking up or paying for the
mailed return of their late, unopened bid. If this option is not exercised within five (5) days of the Bid
Opening date, the late, unopened bids 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 waive any non-substantial irregularities.
By: Jessica Graham, CPPB
Procurement/Contracts Manager
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TABLE OF CONTENTS
INVITATION TO BID 1
TABLE OF CONTENTS 4
SECTION 1 – SCOPE OF WORK 6
SECTION 2 – GENERAL TERMS AND CONDITIONS 11
SECTION 3 – SPECIAL CONDITIONS 25
SECTION 4 –FORMS 33
• CONTACT INFORMATION SHEET 34
• CORPORATE RESOLUTION 35
• STATEMENT OF BIDDER’S QUALIFICATIONS 36
• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 37
• DRUG FREE WORKPLACE PROGRAM 38
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 39
• CERTIFICATION REGARDING LOBBYING 40
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 41
• REFERENCE LIST 42
• SUBCONTRACTOR LIST 43
• ADDENDA ACKNOWLEDGEMENT 44
• LOCAL VENDOR PREFERENCE AFFIDAVIT 45
SECTION 5 –BID PRICE SHEET 46
ATTACHMENT A – SWALE/PAVING/DRIVEWAY MAPS 2024-2028
ATTACHMENT B - SEBASTIAN CODE CHAPTER 90, ARTICLE III, DRIVEWAY
CONSTRUCTION & REPAIR
ATTACHMENT C – DRIVEWAY HEAD WALL – MITERED ENDS DETAIL
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BID CHECKLIST
This “Standardized Check List” has been provided to assist the bidders with the submission of their bid package.
This Checklist 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 comply.
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 the bidder fails to acknowledge receipt of Addenda as prescribed.
YES NO
Completed Check List
Complete Electronic PDF qualification submittal
Contact Information Sheet
Corporate Resolution
Statement of Bidder’s Qualifications
Non-Collusion Affidavit
Drug-Free Workplace Program
Debarment and Suspension Certification
Lobbying Certification
Reference List
Scrutinized Companies Certification
Addenda Acknowledgement
Bid Price Form
Business Tax Receipt (if applicable)
_________________________________________ _________________________________________
Authorized Signature Company
_________________________________________ _________________________________________
Printed Name & Title Date
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SECTION 1 – SCOPE OF WORK
1.1 CONTRACTOR shall furnish all labor, materials, equipment, supervision, and transportation
necessary for as-needed concrete restoration.
1.2 CONTRACTOR must have sufficient manpower and equipment to be able to respond as outlined
in these bid specifications. The unit price shall include maintenance of traffic (MOT) as required
by all City, County, and Florida Department of Transportation (FDOT) regulations. If MOT is not
correctly set up, the City shall have the right to stop work until MOT is correct. This will be done
at no additional cost to the CITY.
1.3 CONTRACTOR shall be responsible to provide and maintain all warning devices and take all
precautionary measures required by law or otherwise to protect persons and property while said
persons or property are approaching or leaving the work site or any area adjacent to the said work
site. No separate/additional compensation shall be paid to the CONTRACTOR for the installation
or maintenance of any warning devices, barricades, lights, signs, and other precautionary measures
required by law.
1.4 Work under the awarded contract includes the CONTRACTOR being responsible for removing all
form work and cleanup of the work area, including backfill and compaction to the satisfaction of
the CITY.
1.5 Driveway Swale Improvements
1.5.1 CONTRACTOR shall saw cut and remove existing driveway and pipes
1.5.2 CONTRACTOR shall set new driveway pipe to grade
1.5.3 CONTRACTOR shall place the pipe provided by the CITY to the appropriate elevation
1.5.4 CONTRACTOR shall backfill/compact the pipe and fill
1.5.5 CONTRACTOR shall include 57 Stone for wet conditions (as needed)
1.5.6 CONTRACTOR shall remove and haul debris.
1.5.7 CONTRACTOR must include removal and hauling of debris in their unit price.
1.5.8 Typical Driveway Replacement (ie. 4-5’ x 16-18’w- approximate size).
2.
1.6 Concrete sidewalk
1.6.1 CONTRACTOR shall saw cut, remove, and dispose of old concrete (as required.)
1.6.2 CONTRACTOR shall grind roots to the depth required (4”, 6”, or 8” deep as required) so
the raw earth is completely level prior to the pouring of concrete.
1.6.3 CONTRACTOR shall set forms to finish grade.
1.6.4 CONTRACTOR shall pour a minimum of 3,000 psi, fiber-reinforced concrete (4”, 6”, or
8” thick as required).
1.6.5 CONTRACTOR shall finish to match the existing sidewalk, including fill as necessary.
1.6.6 CITY shall provide CONTRACTOR the truncated dome detectable warning mats for
installation by CONTRACTOR. Installation of detectable warning mats shall be in
accordance with Section 527-3 of the Florida Department of Transportation (FDOT)
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Standard Specifications for Road and Bridge Construction, 2010, and Index 304 of the
FDOT Design Standards, 2008. (Or the latest version.)
1.7 Concrete curb (Miami and “F”)
1.7.1 CONTRACTOR shall saw cut, remove, and dispose of old concrete (as required.)
1.7.2 CONTRACTOR shall set forms to finish grade.
1.7.3 CONTRACTOR shall pour a minimum of 3,000 psi, of fiber-reinforced concrete.
1.7.4 CONTRACTOR shall finish to match existing curbing, including fill as necessary.
1.8 Concrete driveway
1.8.1 CONTRACTOR shall saw cut, remove, and dispose of old concrete (as required.)
1.8.2 CONTRACTOR shall grind roots to the depth required (4”, 6”, or 8” deep as required) so
the raw earth is completely level before the pouring of concrete.
1.8.3 CONTRACTOR shall set forms to finish grade.
1.8.4 CONTRACTOR shall pour a minimum of 3,000 psi, fiber-reinforced concrete (4” or 6”
thick as required.)
1.8.5 CONTRACTOR shall finish to match the existing driveway, including fill as necessary.
CONTRACTOR shall finish to match the existing concrete retaining wall, including fill
as necessary.
1.9 Unclassified Excavations
1.9.1 Unclassified excavations are defined as any material required to be removed prior to the
concrete work commencing at a location. This may include, but is not limited to dirt,
sand, rock, and lime rock.
1.10 Forms
1.10.1 Forms shall be set to finished grade and the line shall be securely staked to prevent
displacement during placing of concrete. Forms may be set off from the original line to
provide room for existing trees as directed by the CITY. There will be no additional
charge for changing the original line of sidewalk. Subgrade and forms shall be thoroughly
watered immediately prior to placing of concrete. After forms are pulled, a clean topsoil
shall be used as a backfill. All excavated areas and voids adjacent to concrete work shall
be completely backfilled and compacted as needed to prevent cracking or settling of new
concrete. No additional payment will be made for this work.
1.11 Site Requirements
1.11.1 Work Site
1.11.2 Utility Locates: CONTRACTOR shall be required to have all utilities located
at least forty-eight (48) hours prior to the start of any work. It is the
responsibility of the CONTRACTOR to ensure the proper utility is notified
as soon as any utility is cut or damaged.
1.11.3 The CITY marks the saw cut and excavation limit on each repair site. All
concrete shall be saw-cut along neat lines prior to removal. Any pavement
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that is chipped or broken outside the saw cuts due to CONTRACTOR error
will be repaired at the CONTRACTOR's expense.
1.11.4 CONTRACTOR shall excavate earth in excess of that required for
backfilling shall be removed from the job site and disposed of in a
satisfactory manner except in locations where, in the judgment of the CITY
and property owner, it can be neatly spread over the adjacent area. No stock
piling of material in the street will be allowed after work hours.
1.11.5 CONTRACTOR shall establish positive drainage during the initial phase of
grading and maintain throughout construction. The CONTRACTOR will
determine grading by use of an instrument as requested by the CITY. Any
completed areas within the project that do not have positive drainage will be
removed and corrected at the CONTRACTOR’S expense.
1.11.6 CONTRACTOR shall remove all trees, stumps, brush, and other debris or
deleterious material generated as part of this work. Proper disposal of these
items is the sole responsibility of the CONTRACTOR. Disposal must be
completed upon job completion.
1.11.7 CONTRACTOR shall protect trees that are to remain free from damage.
1.11.8 Inspections will be performed by the CITY upon receipt of the invoice to be
paid for each location. Any discrepancies will be noted and forwarded to the
CONTRACTOR within five (5) days of that inspection. If the work is
accepted, the invoices shall be processed.
1.11.9 CONTRACTOR shall ensure all debris, including but not limited to, broken
concrete, roots, other vegetation, wood chips and general rubble shall be
completely removed from the site and disposed of by the CONTRACTOR
daily. If stockpiling of debris occurs, the CITY will remove the debris and
deduct the cost from CONTRACTOR’S payments.
1.11.10 No material which has been used for any temporary purpose, is to be
incorporated in the permanent structure without written consent from the
CITY.
1.11.11 Clean-Up
1.11.11.1 CONTRACTOR shall remove all stakes, excess concrete spills, rubble,
debris, and other undesirable material from the site. The entire work site shall
be completely free of foreign material, caused by the CONTRACTOR’S
activity, and shall be entirely restored to its original condition or better.
1.11.12 Traffic Control
1.11.12.1 CONTRACTOR shall provide warning signs, barricades, channeling devices,
and flagmen as needed to provide for the safety of the traveling public.
Traffic control may include, but is not limited to, lane closures, detours, and
road closings. A traffic control plan in conformance with the latest version of
the Florida Department of Transportation’s (FDOT) Manual of Uniform
Traffic Control Devices (MUTCD) must be submitted for each separate
street where work will be performed as deemed necessary by CITY. Free-
hand drawings will not be accepted.
1.11.12.2 CONTRACTOR shall ensure that each person whose actions affect
temporary traffic control zone safety, from upper-level management through
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field personnel, has received training appropriate to the job decisions each
individual is required to make concerning traffic control.
1.11.12.3 CONTRACTOR shall ensure all sidewalk repairs will have Type 1
barricades with “Sidewalk Closed” signs at the beginning and end of each
excavation site.
1.11.12.4 CONTRACTOR shall ensure that no street shall be closed without written
approval from the CITY.
1.11.12.5 CONTRACTOR shall ensure all construction signing shall be reflective and
“like new” in appearance. The CITY may require that the signs be replaced
which do not meet these requirements.
1.11.12.6 CONTRACTOR shall ensure construction signing shall not be removed from
the work zone until approved by the CITY.
1.11.13 Concrete Mix
1.11.14 CONTRACTOR shall provide the CITY verification of concrete strength
under special consideration or event for any project completed under this
contract. The concrete used for each project under this contract shall be a
minimum of 3,000 psi, fiber-reinforced concrete.
1.11.15 Equipment Left on Jobsite
1.11.15.1 CONTRACTOR shall ensure all equipment left on the jobsite overnight shall
be located within the lane closure and safely barricaded. If the lane closure is
not large enough to safely accommodate the equipment, it will not be allowed
to be left in the street.
1.11.16 Handicap Ramps
1.11.17 CONTRACTOR shall construct ramps in accordance with the FDOT
Roadway and Traffic Design Standards and the Florida Accessibility Code for
Building Construction, the most current edition. The placement of ramps shall
be coordinated with the City.
1.11.18 Stamping
1.11.18.1 CONTRACTOR shall ensure areas of pavement and median pavement for this
project will receive a stamped and patterned surface with coloring in
accordance with local, state, and federal requirements. This includes their
requirements for expansion joints, joint filler board, welded wire fabric, and
concrete mix.
1.12 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.
1.12.1 No contract will be awarded to any BIDDER who, as determined by the CITY, has an
unsatisfactory performance record, inadequate experience; lack of organization, labor,
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and/or equipment to perform the required services; and/or, is in arrears to the CITY on a
debt or contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or
assessments are delinquent. The City has the right to disqualify any BIDDER that does
not meet any or all qualifications necessary as determined by the City.
1.12.2 BIDDER shall have, as a minimum, two (2) consecutive years of verifiable full-time
experience in providing goods and/or services as requested in this ITB.
1.12.3 BIDDER shall possess all applicable licenses/certifications, etc. that may be required by
federal, state, and local law to furnish services under the scope of this ITB.
1.12.4 Bidder should provide a copy of their business tax receipt if their business is located in
Indian River County.
1.13 OTHER
The contractor will appoint one of their employees as the key contact for approval by the City’s
Project Manager. It is the City’s belief that the service required is adequately described herein.
Therefore, any negotiated contract may include the entire effort required of the bidder to provide
the service described. Specifically, no additional fees will be allowed for any additional services
performed or any reasons whatsoever except those directly attributable to the City’s errors or
omissions.
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Invitation to Bid (”ITB”): This solicitation document, including any and all addenda.
2.1.2. Bid: Submission in response to this ITB.
2.1.3. Bidder: Contractor submitting a response to this ITB, “pre-award”.
2.1.4. City: Refers to the City of Sebastian.
2.1.5. Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the
signed agreement, and all related documents comprising the totality of the agreement
between the City and the Contractor.
2.1.6. Contractor: Selected bidder awarded a contract to provide the goods or services to the
City.
2.1.7. Days: Refers to calendar days, unless otherwise stated.
2.1.8. Responsible Bidder: Bidder that has the integrity, reliability, and capability in all respects
to perform in full the contract requirement as stated in the RFP.
2.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material respects to the
RFP and its entire requirement, including form and substance.
2.1.10. Shall, Must, and Will: Interpreted as mandatory language.
2.2 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend any award
resulting from this bid for the period necessary for the City to release, award, and implement a
replacement agreement for the commodities and/or contractual services provided in this bid. Such
extension shall be based upon the same prices, terms, and conditions outlined in this bid.
2.3 CANCELLATION
The City reserves the right to cancel this Invitation to bid, in whole or in part, when it is in the
City’s best interest. Notice of Cancellation will be posted on VendorLink.
2.4 BID GUARANTEE
The bidder shall warrant that the unit prices, terms, and conditions quoted in the bid shall be for a
period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms,
and conditions shall remain in effect for the contract period.
2.5 BID SUBMISSION
2.5.1. Bid submittals are due at the date and time indicated on the cover page or as amended in
the form of an addendum issued by procurement.
2.5.2. All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to
monitor VendorLink for solicitation opportunities and updates.
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2.5.3. It is the sole responsibility of the Contractor to ensure that their response is submitted
through VendorLink no later than the time and date specified in the solicitation or
subsequent addenda. The Contractor is responsible for allowing adequate time to upload
their submittal on VendorLink. If technical 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.
2.6 EXECUTION OF BID SUBMITTAL
Each bid submittal must include the signature of an officer or employee having authority to bind
the contractor in the space(s) provided. Only the terms and conditions of this bid, as released by
the City or amended via addendum, are valid. Any modification to any term or condition by the
contractor is not binding unless it is expressly agreed to in writing by the City in advance.
2.7 INTERPRETATION OF BID DOCUMENTS
No interpretation of the meaning of this bid document or correction of any ambiguity,
inconsistency, or error therein will be made verbally to any party. All requests for an interpretation
or clarification of this bid, and any subsequent addenda, or correction of any apparent ambiguity,
inconsistency, or error will be addressed in writing by the City’s procurement manager. Inquiries
must reference the date of bid opening, bid title, and bid number. Interpretation of the bid,
clarification of bid specifications, and changes to the bid shall be communicated by written
addenda only. Only the written interpretation or correction given by the procurement manager
shall be binding. Verbal responses shall be considered inadmissible in bid protest proceedings.
Bidders are advised that no other source is authorized to interpret, explain, clarify, or give
information regarding the bid documents. Written addenda shall be signed by the bidder and
returned with the bid submission. Failure to return such addenda may constitute cause for rejection
of a bid submittal.
2.8 PUBLIC RECORDS
Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal
records shall at all times be open for personal inspection by any person. Information and materials
received by the City in connection with all bidders’ responses shall be deemed to be public records
subject to public inspection upon award, recommendation for award, or thirty (30) days after the
bid opening, whichever occurs first. However, certain exemptions to the public records law are
statutorily provided for in Section 119.07, F.S. Therefore, if the bidder believes any of the
information contained in his or her response is exempt from the Public Records Law, the bidder
must in his or her response specifically identify the material which is deemed to be exempt and
cite the legal authority for the exemption, otherwise, the City will treat all materials received as
public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
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388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.9 NON-COLLUSION
By submitting a bid, the 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 the 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 the bidder’s materials (as applicable) and the
removal of the bid from the list(s).
2.10 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All
bidders shall disclose within their bid to the City the name of any officer, director, or agent who is
also an employee of the City. Furthermore, 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 the provision of the goods or services requested in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal
considerations may adversely affect, or have the appearance of adversely affecting, an employee’s
professional judgment in exercising any City duty or responsibility in administration,
management, instruction, research, or other professional activities.
Should the successful bidder permanently or temporarily hire any City employee or Council
member, who is, or has been, directly involved with the bidder prior to or during the performance
of the resulting contract, the Agreement shall be subject to immediate termination by the City.
2.11 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. The Notice of
Intent to Protest and formal written protest shall be filed at the foll owing address:
Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written
protest shall state, with particularity, the facts and law upon which the protest is based. Failure to
file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check,
or money order within the time frames or in the manner described above shall constitute a waiver
of proceedings under Chapter 120, Florida Statutes.
2.11.1. Decision – If the protest is not resolved by mutual agreement, the Procurement/Contracts
Manager shall promptly investigate the basis of the protest and, after consultation with the
originating department, the City Attorney, or any other person or entity deemed necessary, the
Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be
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furnished immediately to the protestor and any other party determined by the
Procurement/Contracts Manager to be directly affected by the decision. The decision shall: a)
State the decision and the basis for the decision, and b) Set forth the protestor’s right to
administrative review.
2.11.2. Administrative Review – If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to the C ity 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.
2.11.3. 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.
2.12 NO-CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity,
Vendor, or other people may lobby a Council Member, Mayor, City Manager, any Procurement
Official, or any City employees except any designated Procurement Official or Officials who may
be identified in the procurement documents for purposes of receiving questions or clarifications or
for receiving bid protests. The No-Contact Period shall commence on the initial date of the
advertisement for this bid and continue through and include the date the City Council makes its
determination to approve or reject the final recommendations. Failure to meet any of these
requirements may disqualify the bidder from consideration.
2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may affect their work in any manner. Failure on the 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.
2.14 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 empl oyees 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
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affiliate thereof, or to provide any party hereto with the right, power, or authority whether
expressed or implied, to create any such duty or obligation on behalf of any other party. The City,
in its absolute discretion, retains the right to reject, bar, or require the replacement of any
employee, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor
of the obligation to perform all work in compliance with the bid.
2.15 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 other issues. If the point of contact
differs between regular work hours, after-hours, weekends, and holidays, this must be provided.
The contractor shall ensure that all personnel assigned to work on this project on their behalf must
be dressed appropriately and clean at all times. Any person who is present on the job site on behalf
of the contractor must provide 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.
2.16 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.
2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to, the
following: any state of Florida contract, any contract awarded by any other city or county
governmental agencies, other school boards, other community colleges/state university system,
cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves
the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to
be in the best interest of the City, at any time during this agreement term.
2.18 PUBLIC ENTITY CRIMES
A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
"Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime,
or
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2.18.2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime, or
2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
2.18.4. A person or corporation who knowingly entered into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months.
Bidder certifies that neither the entity proposing, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the 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 all of the statements above, the
bidder shall attach an explanation to this bid.
2.19 BANKRUPTCY / INSOLVENCY
At the time of bid submission, the contractor shall not be in the process of or engaged in any type
of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or
receivership proceedings. If the contractor is 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.
2.20 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this ITB can be terminated immediately for cause if the contractor is
found to have failed to perform services in a manner satisfactory to the City, or the City may
terminate without cause upon thirty (30) days’ written notice to the bidder. In the event of either
termination, the contractor shall be compensated for all services performed to the City’s
satisfaction. The City shall be the sole judge of non-performance.
2.21 RIGHT TO REJECT
The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept
the bid(s), which in its sole judgment best serves the interest of the City.
More than one bid from an individual, bidder, or association under the same or different names,
will not be considered.
2.22 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless
otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable,
1225 Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices,
which indicate the basic information listed below.
a) Name of the business organization as specified on the Contract between City and Contractor
b) Date of invoice
c) Contractor’s invoice number
d) Contractor’s federal identification number on file with the state
e) City purchase order number and bid number
f) Unit price of the goods, services, or property provided
g) Extended total price of the goods, services, or property
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h) Applicable discounts
i) Description of provided goods or services
j) Quantity of provided goods or services
k) Date(s) of delivery of provided goods or services
l) Location-provided goods or services were delivered
Any invoice submitted as a result of the award of this bid shall be itemized matching the items on
the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for
multiple-line purchase orders. An invoice can only reference one purchase order number. Invoices
that do not reference valid purchase order numbers will be returned to the contractor for resolution
of the discrepancies and resubmitted.
It shall be understood that invoices shall not be authorized for payment until the work is inspected
by the respective City representative and payment is approved. The City will pay the contract price
minus any liquidated damages, back charges, and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for Work completed by the
contractor during various phases of the Work assignment in accordance with the unit pricing
provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure
to submit invoices in the prescribed manner will delay payment.
2.23 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 the 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, furnished and installed
materials directly purchased by the City will be deducted from the Contractor’s Guaranteed
Maximum Price (GMP). The contractor shall provide a bid that includes all costs to complete the
project.
2.24 PAYMENT
The City will only pay the dollar amounts as authorized on the purchase order. Payment will be
made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the
commodities or contractual services provided by the contractor have been received, inspected, and
found to comply with award specifications, free of damage or defect, and properly invoiced.
Payment for partial shipments shall not be made unless specified in the purchase order. Failure to
follow these instructions may result in delays in processing invoices for payment. The purchase
order number must appear on invoices, bills of lading, packages, cases, delivery lists, and
correspondence.
2.25 CHANGE ORDERS
2.25.1. Without invalidating the contract documents, and without notice to the surety, the City of
Sebastian reserves the right to make increases, decreases, or other changes in the
character or quantity of the work under the bid and contract documents as may be
considered necessary or desirable to complete the work in a manner satisfactory to the
City of Sebastian. The City reserves the right to order changes that may result in
additions to or reductions from the amount, type, or value of the work shown in the bid or
contract documents, provided that they are within the general scope of the bid documents
or contract documents.
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2.25.2. All changes will be authorized only by a written change order utilizing the City’s
standard form and approved in advance of the change by the designated project manager
of the City. The contractor is required to provide the project manager with a detailed cost
breakdown of material costs, labor costs, labor rates by trade, and work classification and
overhead rates supporting the amount of the change, as well as an explanation of the cost
and any revision to the Project completion time. If the contractor fails to notify the
project manager of any schedule changes associated with the proposed change, it will be
deemed to be an acknowledgment by contractor that the proposed work will not have any
scheduling consequences. Any net increase to the pricing must also be approved and
documented with a revised purchase order by the City.
2.26 AVAILABILITY OF FUNDS
The obligations of the City under this agreement are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City
Council.
2.27 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identify any and all subcontractors and/or suppliers that will be used in
the performance of the proposed contract and to clearly identify in their submission the names,
portions, and percentages of work to be performed by their subcontractors or suppliers. The
contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers.
Nothing in the bid and contract documents creates any contractual relationship between any
subcontractor or suppliers and the City of Sebastian. Contractor shall be responsible for the timely
payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735.
Failure to comply with these payment requirements will place the contractor in default of the
contract.
2.28 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or
of any or all of its rights, title, or interest therein, or its power to execute such agreement to any
person, firm, or corporation without prior written authorization by the City.
2.29 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the commodities from
use, as specified herein, will not relieve the contractor from responsibility.
2.30 DISCRIMINATION
The bidder shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City
of Sebastian will not knowingly do business with vendors, bidders, or contractors who
discriminate on those protected by state and federal law. Through the course of providing services
to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the
Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights
Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who
believes their rights have been violated should report such discrimination to the City.
2.31 AUDIT AND INSPECTION
The City or their representative reserves the right to inspect and/or audit the contractor's
documents and records as they pertain to the products and services delivered under this bid. Such
rights will be exercised with notice to the contractor to determine compliance with and
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performance of the terms, conditions, and specifications on all matters, rights, duties, and
obligations established by this bid. Documents or records in any form shall be open to the city’s
representative and may include but are not limited to all correspondence, ordering, payment,
inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to
the transactions between the City and the contractor.
2.32 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its
officers and employees, from all claims, demands, liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other
persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or
employees. However, such indemnification shall not include claims of, or damages resulting from,
gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers,
directors, agents or employees. Upon request of the City, the contractor or its subcontractor(s)
shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting
a claim for any loss, damage or liability specified above, and the contractor or its subcontractor(s)
shall pay any cost and reasonable attorneys’ fees that may be incurred by the City in connection
with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement
shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida
Statutes, or any other sovereign or governmental immunity. This provision shall survive the
termination of this bid.
2.33 CONTRACTS AND AMENDMENTS
The contents of this bid and all provisions of the contractor’s submittal shall be considered an
agreement and become legally binding. Any changes to the provisions hereinafter award must be
in writing and signed by both Parties.
2.34 SCRUTINIZED VENDOR CERTIFICATION
Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods
and/or services to the City, that it:
2.34.1. Does not participate in a boycott of Israel; and
2.34.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.34.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.34.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.34.5. Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of
Sebastian shall provide notice, in writing, to the bidder of the City’s determination concerning the
false certification. The contractor shall have sixty-(60) days following the receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in error.
If the bidder determines, using credible information available to the public, that a false
certification has been submitted by bidder, this contract may be terminated and a civil penalty
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equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to
F.S. 287.135 Said certification must also be submitted at the time of Contract renewal.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local
government entities from: 1) contracting with companies for goods or services in any amount if at
the time of proposing on, proposing a bid for, or entering into or renewing a contract if the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with
companies, for goods or services over $1,000,000.00 that are on either the Scrutinized
Companies with activities in the Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have
been engaged in business operations in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance
hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List;
engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities i n The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations
in Cuba or Syria.
2.35 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt if their company is located in Indian
River County, as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.),
and/or by the US EPA. Contractors who are required to be registered with the Florida Department
of State, Division of Corporations or who are incorporated within the state of Florida must 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 screens hot of their
current, date-identified “active” status with their submittal.
All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to
starting work. If the bidder is a State Certified General Contractor, or a State Registered General
Contractor the bidder must be registered with the City of Sebastian.
2.36 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or
vendors doing business with the City are not exempted from paying said taxes to their supplier for
goods or services purchased to fulfill the contractual obligations with the City, nor shall any
contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such
materials.
2.37 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in response to
this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119
Florida Statutes, the Florida Constitution or other authority, the contractor must also
simultaneously provide the City with a separate redacted copy of its response. The redacted copy
shall contain the City’s solicitation name, number, and the name of the Contractor on the cover,
and shall be clearly titled “Redacted Copy.” The contractor must also include next to each
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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.
2.38 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing the City the
same or better pricing than other governmental agencies. If during the term of this agreement, the
City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced
price.
2.39 LIQUIDATED DAMAGES
The contractor agrees to the use of liquidated damages in the event the contractor fails to perform
by the provisions herein. 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
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.
2.40 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty, requirement, or
obligation under this agreement that is due to any of the following causes, to the extent beyond its
reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of
God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities,
changes in laws or regulations strikes, or other labor disputes, or because of any other matter or
condition beyond the control of either party and which cannot be overcome by reasonable
diligence and without unusual expense.
2.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory performance
during the term of this bid. The report may become an important part of the contractor’s history.
The report and process will assist the City in determining whether there is a continuing pattern of
problems that may need to be addressed through termination of contract and/or suspension of the
contractor from future bidding.
2.42 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding
Executive Order 11-02; Certification of Employment Status), in the event performance of this
Agreement is or will be funded using state or federal funds, the contractor must comply with the
Employment Eligibility Verification Program developed by the federal government to verify the
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eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is
incorporated herein by reference. The contractor shall (1) enroll in the U.S. Departm ent 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.
2.43 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in an
8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”).
Refer to E-Verify Acknowledgment in solicitation documents.
2.44 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, bidder certifies the following:
2.44.1. A written statement is published notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace named above and specifying actions that will be taken against violations of
such prohibition.
2.44.2. Employees are informed about the dangers of drug abuse in the work place, the bidder’s
policy of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug use violations.
2.44.3. Employees are notified that as a condition of working on the commodities or contractual
services being solicited, they will notify the employer of any conviction of, plea of guilty
or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of
the State of Florida or the United States, for a violation occurring in the work place, no
later than five (5) days after such conviction, and requires employees to sign copies of
such written statement to acknowledge their receipt.
2.44.4. The bidder/employer imposes a sanction, or requires the satisfactory participation in, a
drug abuse assistance or rehabilitation program, if such is available in the employee’s
community, by any employee who is so convicted.
2.44.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
2.45 DEBARMENT AND SUSPENSION
2.45.1. The prospective contractor certifies, by submission of a bid, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from participation in this transaction by any State or Federal
department or agency.
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2.45.2. Bidder certifies to the best of its knowledge and belief that it and its principals:
2.45.3. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.45.3.1. Have not within a three-year period preceding this application been
convicted or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property;
2.45.3.2. 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
2.45.3.3. Have not within a three-year period preceding this application had one or
more public transactions (Federal, State or local) terminated for cause or
default.
2.45.3.4. The City of Sebastian will not make award to parties listed on the
government wide exclusions in the System for Award Management
(SAM).
2.46 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.
2.47 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor by the
City under this contract. The contractor will not use such data for any purpose other than providing
services and support to the City under this bid, nor will any part of such data be sold, assigned,
leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of
performance of the Services) or commercially exploited by or on behalf of the contractor. The
contractor will not possess or assert any lien or other right against such data.
2.48 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.
2.49 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 o f
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
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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.
2.50 COPYRIGHTS
The parties want to ensure 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 developed 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.
2.51 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written notice, sent
by registered United States mail, with return receipt requested, addressed to the party for whom it
is intended, at the place last specified, and the place for giving of notice in compliance with the
provisions of this paragraph. For the present, the 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 for such notice:
City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
Award shall be made to the lowest, responsive, responsible contractor(s). The City reserves the
right to make multiple awards in its best interest. The City reserves the right to reject any and/or
all bids and to waive any minor irregularity or technicality. Payment discounts will not be
considered for bid evaluation purposes.
3.2 LENGTH OF CONTRACT AND RENEWAL
This solicitation is to establish a term contract for one (1) year with five (5) 12-month renewal
options. In the event supplied services are scheduled to end due to expiration of the contract,
awarded BIDDER, if requested by the CITY, and at the mutual written agreement of both parties,
will continue performance of services as needed beyond the existing contract expiration date.
Awarded BIDDER shall be compensated at the rate(s) in effect when contract extension
amendment is executed by both parties unless otherwise agreed to by the CITY.
3.3 NOTICE TO PROCEED
3.3.1. The contractor shall not commence any work, nor enter a worksite, until a written Notice
to Proceed (NTP) directing the Contractor to proceed with the Work has been issued by
the City; provided that such notification shall be superseded by any emergency work that
may be required in accordance with the provisions included elsewhere in this ITB and
resulting contract.
3.3.2. CITY reserves the right to delete addresses from assigned lists at any time, no
compensation shall be paid for any work deleted.
3.3.3. CITY shall provide a list of job sites by address with estimated quantities and type of
work to be performed. An attempt is made to group work sites together in similar
geographic location to increase efficiency of work. Occasionally, that will not be possible
– all work assigned will need to be completed. All work assigned shall be at the
discretion of the CITY.
3.4 LOCAL VENDOR PREFERENCE
Effective October 14, 2009, City of Sebastian adopted a local vendor preference.
City Code Sec. 2-11. Local Vendor Preference Policy
(a). Definitions.
(1) Local business means the vendor has:
a) A valid business tax receipt issued by the City of Sebastian or by Indian River County
at the time a bid or proposal is submitted, and
b) A physical address located within the local area, in an area zoned for the conduct of
such business, from which the vendor is operating a significant portion of its
business, and at which it maintains full-time employees.
(2) Nonlocal business means any vendor that does not meet the definition of a business
within the local area.
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(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 responsive bids, any local
area business that has submitted a qualified and responsive bid within five percent of the
lowest bid by a nonlocal area business, and that wants the opportunity to match the
lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area
business submits an offer that matches the lowest bid submitted, then the award shall be
made to such local business.
If the lowest local area business Bidder declines or is unable to match the lowest bids,
then the option to do so moves to the next qualified and responsive local area business if
its bid is within five percent of the lowest bids, and it is a qualified and responsive
Bidder.
If the lowest bid is submitted by a qualified and responsive local area business, there is
no local vendor preference.
If a qualified and responsive local area business accepts the opportunity to match the
lowest bid of a nonlocal area business and that bid is based on unit price bid items and
estimated quantities, then the unit prices for all bid items shall be reduced in proportion to
the reduction in the local area business’s total bid amount required to match the lowest
total bid.
(2) Ties. In the event of any tie in the final bid price between a qualified and responsive
local area business, and a nonlocal area business, a contract award, or the first
opportunity to negotiate, as applicable, shall be made to the local area business. In the
event of any two businesses located within the City of Sebastian, or two businesses
located within the greater local area, the local vendor with the greatest number of full-
time employees working in the City of Sebastian or the greater local area respectively
shall be awarded the contract or receive the first opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy set forth herein shall
not apply to any of the following purchases or contracts:
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(1) Goods or services provided under a cooperative purchasing agreement or piggyback
agreement; or
(2) Purchases or contract which are funded, in whole or part, by a governmental entity and
the laws, regulations, or policies governing such funding prohibit application of that
preference; or
(3) Purchases made or contracts let under emergency or noncompetitive situations, or for
litigation related legal services, as described in the City’s 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.
3.5 PROJECT COORDINATION
3.5.1. A City project manager will be assigned to oversee all assigned work to ensure adherence
to schedules and service quality throughout the project’s progression and submittal of
final payment. The project manager will periodically inspect the work being performed to
ensure compliance with the requirements of the agreement. If the requirements are not
satisfactorily being met, the City shall require the contractor to correct any discrepancies,
inconsistencies, or faults immediately at no additional cost to the City. The contractor
shall understand and agree to the following:
3.5.1.1. Contractor shall be solely responsible and assume all liability for the
supervision, direction of all work, and for all means, methods, techniques,
sequences, procedures, and coordination for all services under the agreement;
contractor shall ensure enough personnel, materials, supplies, means of
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transportation, tools and equipment are made available to perform the services;
and
3.5.1.2. Contractor shall at all times provide a responsible, knowledgeable, English
speaking worksite supervisor or representative, who has decision making
authority; and
3.5.1.3. Contractor shall be solely responsible to the City for the acts and omissions of
their subcontractors, agents, employees, and any other persons performing any
service under this agreement; and
3.5.1.4. The practices methods and materials utilized in the work within or adjacent to
any structure must conform to any applicable local, state and federal
regulations and codes.
3.5.1.5. CONTRACTOR shall provide means so as to be contacted by CITY staff at all
times. The CONTRACTOR shall notify the appropriate CITY contact each
morning of the location of repairs being performed that day. The
CONTRACTOR shall respond to all messages from CITY staff within twenty-
four (24) hours.
3.5.1.6. CONTRACTOR shall be available 24-hours, 7 days a week for emergency
situations.
3.5.1.7. CONTRACTORS shall provide a list of contact names and 24-hour emergency
phone numbers for all key personnel related to this project.
3.5.1.8. CITY will be responsible for notification to the public of the agreed upon start
date and scope of work at least seventy-two (72) hours prior to the start of
work. This shall include road closure notices. In the event these notices are
needed, job completion time frames may be adjusted.
3.6 SITE INSPECTION
3.6.1. The CITY shall have full control and direction of the Work in all respects. The CITY
shall at all times have the right to inspect the Work and the Site. If requested by the
CITY, the CONTRACTOR shall uncover any of the Work for inspection and replace
same, all at the CONTRACTOR's expense. The CONTRACTOR shall furnish all
reasonable means for obtaining such information as the CITY may desire, regarding the
quality of the Work and materials and the manner of conducting the Work.
3.6.2. The CITY shall schedule and participate in a final inspection of the completed project by
building official or other approving official, as applicable. Project areas shall be inspected
and certified that all installation was in accordance with manufacturer’s specifications.
Any deficiencies found during final inspection shall be promptly corrected by the
CONTRACTOR at no cost to the CITY and to the CITY’s satisfaction. Work completed
without the required inspection may be required to be removed and reinstalled at
CONTRACTOR's expense.
3.6.3. Should CONTRACTOR fail or refuse to remove and renew any defective Work
performed, or to make any necessary repairs in an acceptable manner, and in accordance
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with the requirements of the Contract within the time indicated in writing, the CITY shall
have the authority to cause the unacceptable or defective Work to be removed or
renewed, or such repairs as may be necessary to be made at the CONTRACTOR's
expense. Continued failure or refusal on the part of the CONTRACTOR to make any or
all necessary repairs, promptly, fully, and in an acceptable manner, shall be sufficient
cause for the CITY to declare the Contract default, in which case the CITY, at its option,
may purchase materials, tools, and equipment and employ labor or may contract with any
other individual, firm or corporation, or may proceed with its own forces to perform the
Work. All costs and expenses incurred thereby shall be charged against the defaulting
CONTRACTOR and the amount thereof deducted from any monies due, or which may
become due him.
3.6.4. Failure of the CITY to discover and reject any defective Work or material shall not
prevent later rejection when such defect is discovered, nor will it obligate the CITY to
final acceptance.
3.7 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of the work for
this bid award. Upon receiving such notice, the contractor will take all reasonable steps to
minimize additional costs during the period of work stoppage. The City may subsequently either
cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the
price or terminate the work in accordance with the provisions of the bid terms and conditions.
3.8 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the City to purchase
these amounts. The City reserves the right to re-negotiate prices if, at any time during the term of
the agreement, the City purchases more than the estimated quantities in this bid.
3.9 PROTECTION OF PERSONS AND PROPERTY
3.10 While performing services for the City of Sebastian, the awarded contractor shall be
responsible for any damage to the City of Sebastian property, personal property or visitor
property due to any type of negligence on the part of the awarded contractor, their
employees or other agents. The contractor must show reasonable attempt to avoid
damage to City or private property under all conditions. The awarded contractor agrees to
repair or replace, at its own expense, any damage that was caused by the awarded
contractor, their employees or their agents. The contractor must not drive or park
equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet
conditions on grassy areas, the contractor must contact the project manager for
recommendations or workarounds prior to commencing the work. Any damages,
including damage to finished surfaces and spilled liquids, resulting from the performance
of the Agreement shall be repaired and/or cleaned to the satisfaction of the project
manager. Any public or private property damaged by the contractor or a representative
during the services shall be repaired or replaced to the satisfaction of the project manager
at no cost to the City. The project shall not be considered complete until incurred
damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the
project manager.
3.11 CONTRACTOR shall provide, erect, and maintain, at its own expense, barricades,
danger warnings, and detour signs whenever they may be necessary. CONTRACTOR
shall place sufficient lights on and/or near the Work and keep them illuminated from
twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other
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protections about the Work; provide all guards by day or night and take all other
precautions that may be necessary.
3.12 All work must meet safety requirements for pedestrian and vehicular traffic and must be
left in a clean and orderly manner. All areas and/or property that is damaged while work
is under way shall be restored as found by the CONTRACTOR prior to completion of
work and to the satisfaction of CITY.
3.13 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 employees, agents
and Subcontractors shall be removed and disposed of by the contractor at its expense, to the
satisfaction of the City. The contractor assumes all liability for accidents that may occur due to any
debris, equipment, tools, and worksite hazards.
3.14 WARRANTY
The contractor shall warrant and guarantee all goods, labor and services for a period of no less
than one (1) year from the date of acceptance and shall replace or repair all defects in material or
workmanship during the warranty period. The contractor shall bear all labor, product replacement,
mobilization, and transportation costs for warranted goods and services. Labor shall be warranted
for no less than one (1) years from the acceptance date and all rework shall be at no cost to the
City of Sebastian. A “No Charge” invoice shall be submitted on all warranty repairs detailing the
replaced goods including dimensions and quantity. The contractor shall respond to all warranty
requests within twenty-four (24) hours of notification. Repeated failure to meet the established and
repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive
instances of unsatisfactory service shall be cause for default. Warranty repairs must be
accomplished within the service response time of twenty-four (24) hours and shall be fully
completed to the satisfaction of the project manager and City within seven (7) working days.
3.15 OWNERSHIP OF THE WORK
3.15.1. The contractor is solely responsible for all work, until final completion of the work.
Contractor shall be liable for all damage, theft, maintenance, and safety until such time
as the City of Sebastian issues a notice of final completion of the work. Upon
completion of each job, the contractor shall submit the following information, as
applicable:
3.15.1.1. Final invoice with documentation.
3.15.1.2. The Contract Completion Form
3.15.1.3. Acceptance from City of Sebastian Building department
3.15.1.4. Warranty information to include effective dates, contact information,
and details on the scope of coverage.
3.15.1.5. Cut sheets and Operations and Maintenance manuals for any installed
equipment.
3.15.1.6. As-Built Drawings
3.15.1.7. Contractor internal work orders / employee timesheets upon request
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3.15.1.8. Certified payroll, upon request
3.15.1.9. Any other documents as requested by the City
3.16 INSURANCE
3.16.1. 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 shall provide a thirty (30) day notification clause in the event of cancellation or
modification to the policy.
3.16.2. 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.
3.16.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
3.16.4. Minimum coverage with limits and provisions are as follows:
3.16.4.1. Commercial General Liability: The Successful Bidder shall provide
minimum limits of $1,000,000 each occurrence, $2,000,000 general
aggregate combined single limit for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products, completed operations, contractual liability, specifically
confirming and insuring the indemnification and hold harmless clause of
the contract. This policy of insurance shall be considered primary to and
not contributing with any insurance maintained by the City and shall
name the City as an additional insured with waiver of subrogation noted
on the Certificate of Liability. The policy of insurance shall be written on
an “occurrence” form.
3.16.4.2. Business Automobile: Successful Bidder shall provide minimum limits
of liability of $1,000,000.00 each accident, combined single limit for
bodily injury and property damage. This shall include coverage for:
• Owned Automobiles
• Hired Automobiles
• Non-Owned Automobiles
3.16.4.3. 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
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Employers Liability. *This coverage is optional if Successful Bidder
has $2,000,000 General Aggregate under the Commercial General
Liability Policy. **
3.16.4.4. 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.
3.16.4.5. 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.
3.16.5. 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.
3.16.6. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 4
FORMS
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CONTACT INFORMATION SHEET
Bids due on or before 12:00 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:
07/15/2024
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Concrete Services
ITB NO.: #24-17-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.
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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: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presen ce 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)
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STATEMENT OF BIDDER’S QUALIFICATIONS
Project: Concrete Services
ITB # 24-17-ITB
Name of Proposer: ____________________________________________________________
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 concrete rehabilitation services does your organization has as a
contractor or sub-contractor?
(3) Has your organization, any officer, or partner failed to complete any work awarded to you? If
so, where and why?
(4) 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.)
(5) 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
(7) 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
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.
________________________________ ____________________________________
Signature of Authorized Officer Date
_________________________________
Printed Name
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in
connection with the Agreement for which the attached bid has been submitted or to refrain from
proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought
by Agreement or collusion or communication or conference with any other bidder, firm or person
to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit
or cost element of the bid price or the bid price of any other bidder, or to secure through 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)
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DRUG FREE WORKPLACE CERTIFICATE
(IDENTICAL TIE BIDS)
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 nolo
contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace, not later than five (5)
days after such conviction.
5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who
is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign such statement, I certify that the firm complies fully with the above
requirements and indicate the program was implemented.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
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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 proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
Authorized Signature Address
Printed Name & Title City, State, Zip Code
Company Date
24-17-ITB
Page 40 of 47
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
(TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor ______________________________ certified or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
24-17-ITB
Page 41 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 o r more, I
hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -
owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for
the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.
215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syri a 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.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
24-17-ITB
Page 42 of 47
REFERENCE LIST
Company Name:
List a minimum of three (3) client 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:
24-17-ITB
Page 43 of 47
SUBCONTRACTOR LIST
Company Name:
Solicitation Title:
Concrete Services
Solicitation # 24-17-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 natu re, 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
24-17-ITB
Page 44 of 47
ADDENDA ACKNOWLEDGEMENT
Company Name:
Solicitation Title:
Concrete Services
Solicitation # 24-17-ITB
Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of
issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be
considered non-responsive. To confirm the number of addenda (if any), bidder may contact the Procurement
Division at (772) 388-8231.
ADDENDUM # DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
24-17-ITB
Page 45 of 47
LOCAL VENDOR PREFERENCE AFFIDAVIT
Legal Name of Firm:
Contact Person: Telephone:
Email Address:
Remit Address:
Physical Address:
Sebastian or County Tax Receipt Number: Current Date Issued
☐ Required copies attached? Previous Date Issued
Number of full-time employees working in the City of Sebastian (for
city preference) or Indian River County (for county preference):
I certify that my company meets the following qualifications to be eligible for local vendor preference:
(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River County, at
least one (1) year prior to the opening of a bid for which the business may seek local vendor preference,
and
(2) Maintains a physical business address located within the City of Sebastian or Indian River County,
from which the vendor is operating or performing its business, and at which it maintains full-time
employees. Note: A post office box shall not be considered a physical business address.
I certify that under the penalty of perjury, the foregoing statements are true and correct. I also
acknowledge that any person, firm, corporation or entity intentionally submitting false information to the
City in an attempt to qualify for local preference shall lose the privilege to claim local preference status for
a period of two (2) years.
____________________________________ _____________________
Authorized Signature Date
____________________________________ _____________________
Printed Name Title
NOTARY
____________________________________ _____________________
Witness Date
24-17-ITB
Page 46 of 47
SECTION 6 – BID PRICE FORM
The Proposal Prices shall remain good for ninety (90) days after the due date of this RFP. By
signing below, the Proposer certifies that the price quoted represents and includes the entirety of
the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per
the RFP documents.
By affixing their signature to the Price Proposal Form, the Proposer hereby states that they have read all
proposal specifications, terms and conditions outlined in the Request for Proposal and agree to such.
Proposer declares that the individual signing this Price Proposal Form has the legal capacity to sign on
behalf of Proposer and to contractually obligate Proposer.
Furthermore, Proposer hereby agrees to provide the Services described in the Request for Proposal for the
unit or lump sum prices as noted below, which includes all supervision, labor, materials, equipment,
supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit, applicable taxes
and costs of all kinds necessary to complete the Services.
SWALE IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UOM UNIT PRICE TOTAL BID
AMOUNT*
All-inclusive cost to complete
driveway swale improvements on a
typical driveway (approximately 4-
5’ x 16-18’w) per bid specifications.
100 Per
Driveway $ $
*Lowest Bidder award shall be based on this lump sum amount
CONCRETE SERVICES
Pricing is OPTIONAL and will not be used as a basis for award.
Price to include all grading/excavating aspects, site preparation, leveling, fill work, and all labor
and material.
ITEM DESCRIPTION UOM UNIT PRICE
3000 PSI concrete, including fiber mix Cubic Yard
Sidewalk, 4” – remove, form, and pour Square Foot
Sidewalk, 4” – form and pour Square Foot
Curb, Miami – remove, form and pour Linear Foot
Curb, Miami – form and pour Linear Foot
Curb, “F” – remove, form and pour Linear Foot
Curb, “F” – form and pour Linear Foot
24-17-ITB
Page 47 of 47
Driveway, 4” – remove, form, and pour Square Foot
Driveway, 4” – form and pour Square Foot
Driveway, 6” – remove, form, and pour Square Foot
Driveway, 6” – form and pour Square Foot
Sidewalk, 6” – remove, form, and pour Square Foot
Sidewalk, 6” – form and pour Square Foot
Sidewalk, 8” – remove, form, and pour Square Foot
Sidewalk, 8” – form and pour Square Foot
Unclassified excavation, curb Linear Foot
Unclassified excavation, sidewalk Square Foot
Unclassified excavation, driveway Square Foot
Root Grinding Square Foot
Bidder Name:
Signature: Date:
Print Name: Title: