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HomeMy WebLinkAboutA - 24-21-ITB - Earthwork Services (Excavating, Backfilling And Grading) INVITATION TO BID 24-21-ITB EARTHWORK SERVICES (EXCAVATING, BACKFILLING AND GRADING) 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. 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. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Friday, September 6, 2024 - PRE-BID MEETING Thursday, September 19, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Tuesday, September 24, 2024 12:00 PM Local Time BID DUE DATE: Thursday, October 3, 2024 2:00 PM Local Time RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, October 16, 2024 6:00 PM Local Time BID SUBMITTAL All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 24-21-ITB 24-21-ITB Page 2 of 60 INVITATION TO BID The purpose of this bid is to select qualified contractors to provide all labor, materials, equipment, and supervision necessary to perform Excavation, Filling, & Grading Services, including but not limited to the following work at various facilities, citywide per specifications: 1. Clearing and grubbing of roots, stumps, and other materials. 2. Fill and grade for grassed areas. 3. Preparing sub-grades for slabs-on-grade, foundations, walks, and pavements. 4. Excavating, backfilling, and compaction for utility systems. 5. Excavating, backfilling, and compaction for buildings and structures. 6. Perform rough and finish grading utilizing laser-guided equipment to achieve required elevations. The bidding entity shall do all work. When the services of a sub-contractor(s) are required due to time constraints and/or workload generated by the City prior approval of that subcontractor must be obtained from the Public Works Department. The successful bidder shall not subcontract to others for work or services performed during the term of this contract unless prior, written authorization from the Public Works Department has been obtained. If the use of a subcontractor is approved, it shall be the sole responsibility of the Contractor to regulate and guarantee work. The contractor is also responsible to pay subcontractors’ expenses at no cost to the City BID SUBMITTAL Bid submittals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. PRE-BID MEETING A non-mandatory Pre-Bid Meeting and Site Visit will be held on Tuesday, September 19, 2024, at 10:00 AM local time at the City of Sebastian Public Works Compound, 505 Airport Drive West, Sebastian, FL 32958. QUESTION DEADLINE The deadline to submit questions concerning this ITB will be Tuesday, September 24, 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 Tuesday, October 3, 2024, by 2:00 P.M. local time. 24-21-ITB 24-21-ITB Page 3 of 60 The Bid Opening will be held virtually. Bids will be opened at 2:15P.M local time. Only the company name of the submitters will be read aloud. Meeting Information: https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df Meeting ID: 136259113 Password: JhzXZgfvah Or dial: +1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824 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 24-21-ITB 24-21-ITB Page 4 of 60 TABLE OF CONTENTS INVITATION TO BID 2 TABLE OF CONTENTS 4 BID CHECKLIST 5 SECTION 1 – SCOPE OF WORK 6 SECTION 2 – GENERAL TERMS AND CONDITIONS 20 SECTION 3 – FEDERAL AWARD PROVISIONS 34 SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 36 SECTION 5 – SPECIAL CONDITIONS 37 SECTION 6 – REQUIRED FORMS 47 • CONTACT INFORMATION SHEET 48 • CORPORATE RESOLUTION 49 • STATEMENT OF BIDDER’S QUALIFICATIONS 50 • NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 51 • DRUG-FREE WORKPLACE PROGRAM 52 • CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 53 • CERTIFICATION REGARDING LOBBYING 54 • CERTIFICATION REGARDING SCRUTINIZED COMPANIES 55 • REFERENCE LIST 56 • ADDENDA ACKNOWLEDGEMENT 57 • LOCAL VENDOR PREFERENCE AFFIDAVIT (If applicable) 58 • TRENCH SAFETY ACT (IF APPLICABLE) 59 SECTION 7 – ELECTRONIC PRICE SHEET INSTRUCTION 60 ATTACHMENT A – ELECTRONIC PRICE SHEET 24-21-ITB 24-21-ITB Page 5 of 60 BID CHECKLIST This “Standardized Checklist” has been provided to assist the bidders with submitting their bid package. However, 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 compliance. The City, at its sole discretion, reserves the right to reject all bids, waive all formalities, and 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 conform to the requirements of the bid document specifically. Bidders cannot utilize the City’s determination of the seriousness of any specific non -conformance as a basis to protest the award of any bid. 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. BID CHECKLIST YES Completed Checklist Complete PDF Bid Submittal. The bid submittal should include the following documents: • 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) • Proof of Professional Certification (if applicable) • Local Preference Affidavit (if applicable) _________________________________________ _________________________________________ Authorized Signature Company _________________________________________ _________________________________________ Printed Name & Title Date Failure to complete and submit the forms listed on the checklist may result in the rejection of your bid. 24-21-ITB 24-21-ITB Page 6 of 60 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF WORK 1.1.1 The selected bidder (hereinafter referred to as the contractor) shall provide services as requested by the City. The contractor shall supply all labor, supervisors, equipment, machinery, tools, materials, transportation, and other facilities and services necessary to complete all work specified herein. The City will not pay for the rental or purchase of equipment needed by the contractor, nor will it pay for mobilization fees of any kind. If the City supplies parts and materials for a specific project, the Contractor will be responsible for obtaining the parts or materials from the Public Works Compound (505 Airport Drive W, Sebastian, FL 32958 or another designated place. 1.1.2 Earthwork consists of, but is not limited to: 1.1.2.1. Clearing, stripping, removing, filling, compacting, and grading of material encountered when establishing required grade elevations as specified and as shown on plans and specifications. 1.1.2.2. Excavating and backfilling for footings, foundations, retaining walls, slabs, tanks, curbs, and other structures. 1.1.2.3. Excavating and backfilling trenches for utility piping, mechanical and electrical utilities. 1.1.3 Material Disposal: 1.1.3.1. Contractor shall be responsible for disposal of all excess material from earthwork services. Materials shall be disposed of off-site at the expense of the contractor. 1.2 PREPARATION 1.2.1 Site Preparation: 1.2.1.1. Before commencement of work, the Contractor shall become thoroughly familiar with the site, the site conditions, and all portions of the work specified in this section. 1.2.1.2. The contractor shall locate existing underground utilities in the designated work area. If identified utilities are to remain in place during work, the Contractor shall provide adequate means of protection for utilities that pass through the work area. Should piping be encountered during excavation, the Contractor shall contact the Project Manager or designee for the procedure. 1.2.1.3. Contractor shall protect existing structures, utilities, sidewalks, pavements, and other facilities from damage caused by equipment movement, settlement, lateral movement, undermining washout, and other hazards created by earthwork activities. 24-21-ITB 24-21-ITB Page 7 of 60 1.2.1.4. Contractor shall provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust adjacent to properties and walkways. 1.2.2 Locations and Elevations: 1.2.2.1. Contractor shall be responsible for surveys, measurements, and layouts required for the proper execution of work to be performed. 1.2.2.2. The contractor shall lay out lines and grades from existing survey information or as shown on plans and drawings provided by the owner. 1.2.2.3. Contractor shall locate by stake and mark locations and elevations of the following: a) Elevations of existing earth cut and fill. b) Final grades for landscape contours. c) Other items as required to execute work as specified. 1.3 EARTHWORK 1.3.1 Clearing and Grubbing: 1.3.1.1. Within designated areas that require clearing and grubbing activities before grading and site construction work, the contractor shall remove designated trees, brush, wood debris, and other materials not required to remain as part of the finished work. Trees that are to remain shall be protected during clearing operations and subsequent work. 1.3.1.2. Roots, stumps, and other materials shall be grubbed from the cleared area to a depth of at least 18 inches. Tree stumps shall be grubbed, including tap roots, where applicable. 1.3.1.3. Remove grass, plants, vegetation, and organic material from the same area. 1.3.1.4. Remove and dispose of (at contractor’s expense) accumulated material daily or as directed by the Project Manager or designee to prevent fire hazard conditions. 1.3.1.5. Burning of materials is not allowed. 1.3.2 Stripping: 1.3.2.1. Strip turfgrass, organic material, surface litter, rubble and overburden for entire depth of root system of grass or other vegetation within designed areas or as identified on site plans. 1.3.2.2. Remove and dispose of (at the contractor’s expense) accumulated material daily or as directed by the Project Manager or designee. 24-21-ITB 24-21-ITB Page 8 of 60 1.3.3 Topsoil Removal: 1.3.3.1. When required to attain specific grade requirements, strip existing topsoil to a depth as designated on plans and specifications or as directed by the Project Manager or designee. 1.3.4 Topsoil Storage: 1.3.4.1. Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Project Manager or designee. 1.3.4.2. Stored topsoil shall be kept separate for other excavated materials and be protected from contamination by objectionable materials that would render it unsuitable for reuse. Topsoil shall be protected from excessive erosion. 1.3.5 Topsoil Replacement: 1.3.5.1. Topsoil shall be deposited in a single layer or lift. It shall be placed, processed, compacted and graded to leave a finished layer of topsoil to a depth as designated on plans and specifications or as directed by the project manager or designee. Unless otherwise indicated, topsoil shall be replaced over all areas of earthwork. 1.3.6 Grading: 1.3.6.1. Topsoil shall be final graded to the elevations shown on plans and drawings or as directed by the Project Manager or designee. Fine grading shall be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer or other acceptable machinery. Bulldozer blades and frontend loader buckets are not acceptable devices for topsoil grading operations. 1.3.6.2. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. 1.3.6.3. All rocks of one inch or greater shall be removed. 1.3.6.4. Grading operations and equipment will be such that topsoil does not become over compacted. 1.3.6.5. Final grading within five feet of constructed or installed elements shall be hand raked. 1.3.7 Acceptability: 1.3.7.1. Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (sloped) contours, uniform in surface texture and of normal compaction. 24-21-ITB 24-21-ITB Page 9 of 60 1.3.7.2. Areas of loose granular pockets or of over compacted soils shall not be acceptable and will be reworked. 1.3.7.3. Finished areas shall promote surface drainage and will be ready for turfgrass planting. 1.4 EXCAVATION 1.4.1 Excavation work consists of trenching, filling and backfilling for underground utility lines and structures as specified and as shown on plans and specifications. 1.4.2 Existing Conditions: 1.4.2.1. The Contractor shall determine the location and nature of work, types of, equipment, and facilities needed for the performance of work, general and local conditions prevalent at each job site, and other matters affecting work under this contract according to the special conditions and specification sections herein. 1.4.3 Safety: 1.4.3.1. All areas to be affected by excavation activities shall be designated as a construction site, be barricaded off and clearly marked by the Contractor to protect staff, students and the public from potential injury. 1.4.3.2. In no event shall the Contractor excavate to any depth unsafely. The Contractor shall comply with the requirements of “The Trench Safety Act” (Laws of Florida), and such work shall be considered as included in the Base Bid. All excavations or trenches of 4 feet or deeper shall be appropriately benched, shored, or sloped according to the procedures and requirements set forth in OSHA’S Excavating standard, 29 CFR 1926.620, .651, and .652. 1.4.4 Excavated Materials: 1.4.4.1. Stockpile excavated materials acceptable for backfill and fill soil materials away from edge of excavations. Stockpile soil materials without intermixing. Place, grade and shape stockpiles to drain surface water and out of the drip line of trees. 1.4.4.2. Cover soil to prevent wind-blown dust if required by the City 1.4.4.3. Stripped turfgrass, organic material, roots, surface litter, rubble, other vegetation, and accumulated materials shall be removed daily or as directed by the project manager or designee. 1.4.5 Excavation for Walks, Footers & Foundations: 1.4.5.1. Excavation areas shall be scarified to a minimum of 4 inches in depth to ease removal of turfgrass and roots before digging. When excavating through tree roots, perform work by hand cutting or as authorized, with a hand or power saw. 24-21-ITB 24-21-ITB Page 10 of 60 1.4.5.2. Excavate to required contours, elevations and dimensions to within a tolerance of plus or minus 1”. 1.4.5.3. Extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services, other construction activities and for inspections or as indicated on plans and specifications. 1.4.5.4. Do not disturb the bottom of excavations for footers and foundations. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work if required. 1.4.5.5. Excavations below indicated depths will not be permitted except to remove unsatisfactory material. Unsatisfactory material encountered below indicated graded shall be removed as directed. 1.4.6 Excavation for Underground Tanks, Utility, Mechanical or Electrical Structures: 1.4.6.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease removal of turfgrass and roots prior to digging. When excavating through tree roots, perform work by hand cutting or as authorized, with a hand or power saw. 1.4.6.2. Excavate to elevations and dimensions as required within a tolerance of plus or minus 1”. 1.4.6.3. Do not disturb the bottom of excavations intended for bearing surfaces. 1.4.6.4. Excavations below indicated depths will not be permitted except to remove unsatisfactory material. Unsatisfactory material encountered below indicated graded shall be removed as directed. 1.4.6.5. Compact footing bottoms to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556), or equivalent method. 1.4.7 Excavation for Utility Trenches: 1.4.7.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease the removal of turfgrass and roots before digging. When excavating through tree roots, perform work by hand cutting or, as authorized, with a hand or power saw. 1.4.7.2. Excavate trenches to indicated gradients, lines, depths, and elevations as required. 1.4.7.3. Excavate trenches to uniform widths to provide a working clearance on each side of the pipe or conduit. 24-21-ITB 24-21-ITB Page 11 of 60 1.4.7.4. Trench Walls: Excavate trench walls vertically from trench bottom to 12 inches higher than top of pipe or conduit, unless otherwise indicated on plans and specifications. Clearance: 12” on each side of pipe or conduit. 1.4.7.5. Trench Bottoms: Excavate trenches 6” below the outside bottom of the pipe barrel to allow for bedding course. The resulting excavation shall be backfilled with pipe bedding material up to the level of the lower one-third of the proposed pipe barrel. This backfill material shall be tamped and compacted to provide proper bedding for the pipe and shall then be shaped to receive the pipe . 1.4.7.6. Hand excavate for the bell of the pipe as required. 1.4.7.7. Excavations below indicated depths will not be permitted except to remove unsatisfactory material. Unsatisfactory material encountered below indicated graded shall be removed as directed. 1.4.7.8. Compact footing bottoms to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556) or equivalent method 1.4.8 Dewatering and Bedding: 1.4.8.1. It is the Contractor’s responsibility to determine the extent of dewatering as necessary per project and include the cost of such work in the base bid of the written proposal submitted to the project manager or designee per the terms and conditions of this bid. 1.4.8.2. Bedding materials shall be per plans and specifications specific to project requirements. 1.5 BACKFILL, FILL AND COMPACTION 1.5.1 General 1.5.1.1. Satisfactory soil materials obtained from on-site excavation activities shall be used for fill and backfills. 1.5.1.2. Fill Material imported from an off-site source shall be tested before construction use, at the contractor's expense, to determine its suitability and standard Proctor parameters. Test reports shall be submitted to the project manager or designee. 1.5.1.3. Five (5) pound samples of each imported material to be used as fill shall be submitted to the project manager or designee for approval before commencing fill operations. 1.5.1.4. Fill material shall not be used as compacted fill until approved by the project manager or designee. 24-21-ITB 24-21-ITB Page 12 of 60 1.5.1.5. Place approved fill materials in the areas designated on plans or as directed by the project manager or designee. 1.5.1.6. Keep excavations free of the ground and surface water until backfilling operation is complete. 1.5.2 Backfill, fill, and Compaction Walks, Footers & Foundations: 1.5.2.1. At structures, remove forms and debris before backfilling. 1.5.2.2. Place satisfactory backfill materials on-site or approved imported backfill materials symmetrically on all sides in 9-inch maximum loose depths. 1.5.2.3. Moisten each layer, if necessary, and compact with mechanical or hand tamper, each layer to not less than the percentage of maximum density as specified, taking care not to damage structures by excessive tamping. 1.5.2.4. Compact by mechanical means to compact to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556) or equivalent method or to percentages as specified. 1.5.2.5. Test at each sub-grade and at each compacted fill and backfill lift with at least one test for every 2500 SF per lift or less of slabs, but not fewer than two tests. 1.5.2.6. Test each compacted backfill lift with at least one test for each column footing, but not fewer than two tests. 1.5.2.7. Perform one compaction test per 50 linear feet of wall footing with a minimum of one density test per perimeter of the footing. 1.5.2.8. The contractor shall monitor nearby structures before and during compaction periods, taking care to ensure that vibrations induced by the compaction operations do not distress them. 1.5.3 Backfill, Fill and Compaction for Utilities: 1.5.3.1. Coordinate backfilling with testing of utilities. Leave shoring and bracing in a place where damage will likely result from withdrawal. 1.5.3.2. Carefully backfill trenches with satisfactory on-site or approved imported backfill materials. 1.5.3.3. Bring backfill up evenly in lifts of 9-inch maximum loose depth layers and thoroughly and carefully compact with a hand tamper, a powered hand tamper, a vibrating tamper, or a mechanized power tamper. 1.5.3.4. Moisten each layer, if necessary, and compact each layer with a mechanical or hand tamper to not less than the percentage of maximum density as 24-21-ITB 24-21-ITB Page 13 of 60 specified, taking care not to damage the pipe or conduit by excessive tamping. 1.5.3.5. Deposit remainder of the backfill material in the trench and compact by mechanical means to compact to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556) or equivalent method or to percentages as specified. 1.5.3.6. Test at each compacted initial and final backfill layer and at least one test for every 100 foot or less of trench length, but not fewer than two tests. 1.5.3.7. The contractor shall monitor nearby structures before and during compaction operations, taking care to ensure that vibrations caused by the operations do not distress nearby structures. 1.6 FILL & GRADING 1.6.1 General 1.6.1.1. Fill and grading for grassed areas and swales. 1.6.1.2. Preparing sub-grades for slabs-on-grade, foundations, walks and pavements. 1.6.1.3. Turf cutting and removal, regrading, and prepping for new turfgrass. 1.6.2 Existing Conditions: 1.6.2.1. The Contractor shall determine the location and nature of work, types of, equipment, and facilities needed for the performance of work, general and local conditions prevalent at each job site, and other matters affecting work under this contract according to the special conditions and specification sections herein. 1.6.3 Safety: 1.6.3.1. All areas to be affected by excavation activities shall be designated as a construction site, be barricaded off and clearly marked by the Contractor to protect staff, students and the public from potential injury. 1.6.4 Fill and Grading of Grassed Areas: 1.6.4.1. Refer to Sections 1.35 and 1.36 for Topsoil Grading and Compaction Requirements. 1.6.4.2. Uniformly grade areas to a smooth surface, free from irregular surface changes. 24-21-ITB 24-21-ITB Page 14 of 60 1.6.4.3. Comply with compaction requirements and grade to cross sections, lines and elevations as indicated on plans and specification or as directed by Project Manager or designee. 1.6.4.4. Provide a smooth transition between adjacent existing grades and new grades. 1.6.4.5. Cut out soft spots, fill low spots and trim high spots to comply with required surface tolerances. 1.6.4.6. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. 1.6.4.7. Topsoil: Compact topsoil materials to 85 percent ASTM D698 maximum density at optimum moisture content. 1.6.4.8. Finish sub-grades to required elevations within the following tolerances: 1.6.4.9. Playing fields and other grassed areas: Plus or minus 1”. 1.6.4.10. Grading inside of building lines: a) Finish subgrades to a tolerance of ½” when tested with a 10 foot straightedge. 1.6.4.11. Laser Grading: Establish gradients and elevations as shown on plans and specifications with current industry standard laser grading procedures. Use laser automated graders and other acceptable machinery to ensure specified tolerances. 1.6.5 Fill and Grading of Swales: 1.6.5.1. City of Sebastian staff will determine the required elevations at the inlet of culvert pipes and mark them on the roadways for reference. 1.6.5.2. Coordinate with City staff regarding areas where the quarter round will remain after the project. No quarter round will be re-installed. It will only remain in places where it was intact, and grading can be completed without removal or disturbance. 1.6.5.3. All sod must be removed from the edge of the road to the property line. 1.6.5.4. Regrade from the edge of the road to the property line to accommodate stormwater runoff to move from the paved roadway to the center of the swale. 1.6.5.5. Grading should be completed to account for the height of sod that will be placed for the final condition to allow positive drainage of stormwater runoff still. 24-21-ITB 24-21-ITB Page 15 of 60 1.6.5.6. All sod and or fill that is removed during the process must be disposed of at a landfill. 1.6.5.7. After regrading is completed, all swales will need to be re-sodded with the same type of sod that was previously located in the swale (Bahia or Floratam). 1.6.5.8. If the contractor desires, the pre-existing sod may be saved and re-utilized. All sections of swale must be sodded to limit future erosion. 1.6.6 Preparing Sub-Grades for Slabs-on-Grade, Foundations, Walks and Pavements: 1.6.6.1. Base materials shall be satisfactory or approved imported fill materials. 1.6.6.2. Existing subgrade shall be scarified to a minimum depth of 3 inches in preparation for turfgrass removal. 1.6.6.3. Rough grade area to a minimum of 4 inches below finish topsoil grade in preparation for formwork or approved fill. 1.6.6.4. Compact the subgrade and fill materials to a minimum of 98 percent ASTM D698 maximum density or at optimum moisture content. 1.6.6.5. Perform finish grading to the lines and grades shown on plans and specifications. 1.6.6.6. Finished grades shall be smooth and uniform and provide positive drainage. 1.7 MISCELLANEOUS 1.7.1 Compacting Equipment 1.7.1.1. Compacting equipment shall be self-propelled tandem rollers having a minimum weight of ten (10) tons. 1.7.1.2. If approved by the project manager or designee, hand-held vibratory compactors weighing not less than fifty pounds may be used in areas not accessible to rollers. 1.7.2 Base Material Installation: 1.7.2.1. Lime rock: a) Transport lime rock to the installation area over rock previously placed and dumped on the end of the preceding spread. Do not haul over subgrade or dump on subgrade. b) Remove and replace all segregated areas of fine or coarse rock to spread lime rock. 24-21-ITB 24-21-ITB Page 16 of 60 c) After completely spreading the lime rock base, scarify and shape the entire surface to the required grade and cross-section after compaction. Compaction and finishing of base shall conform to the requirements of Section 200, paragraph 200-6 of the Florida State Department of Transportation Standard Specifications, 2010 Edition. d) Moisture Content: When materials do not have proper moisture content to ensure the required density, wetting or drying shall be required. Density Requirements: Once the proper moisture condition is obtained, compact the material to a density of not less than 98% of maximum density as determined by AASHYO T180 specifications. 1.7.2.2. Shell: a) Transport the Shell to the installation area, over the shell previously placed, and dumped on the end of the preceding spread. Do not haul over subgrade or dump on subgrade. b) After completely spreading the shell base, shape the entire surface to the required grade and cross-section after compaction. Compaction and finishing of the base shall conform to the requirements of Section 913 of the Florida State Department of Transportation Standard Specifications, 2010 Edition. c) Density Requirements: Once the proper moisture condition is obtained, compact the material to a density of not less than 98% of maximum density as determined by AASHYO T180 specifications. 1.7.2.3. Reclaimed Concrete (Crushed): a) Transport Reclaimed Concrete to the installation area over concrete material previously placed and dumped on the end of the preceding spread. Do not haul over subgrade or dump on subgrade. b) After completely spreading the reclaimed concrete base, shape the entire surface to the required grade and cross-section after compaction. Compaction and finishing of the base shall conform to the requirements of Section 200, paragraph 200-6 of the Florida State Department of Transportation Standard Specifications, 2010 Edition. c) Density Requirements: Once the proper moisture condition is obtained, compact the material to a density of not less than 98% of maximum density as determined by FM 1-T 180 specifications. 1.7.2.4. Reclaimed Asphalt Pavement (Millings): a) Transport Reclaimed Asphalt Pavement (RAP) to installation area, over (RAP) material previously placed and dumped on end of preceding spread. Do not haul over subgrade or dump on subgrade. 24-21-ITB 24-21-ITB Page 17 of 60 b) After completely spreading (RAP) materials, shape the entire surface to the required grade and cross section after compaction. Compaction and finishing of base shall conform to the requirements of Section 283, paragraph 283-4 of the Florida State Department of Transportation Standard Specifications, 2010 Edition. c) Density Requirements: Once the proper moisture condition is obtained, compact the material to a density of not less than 95% of maximum density as determined by FM 1-T 180 specifications. 1.7.2.5. Herbicide: a) Application Rates: Apply soil treatment solution as specified and in strict accordance with Manufacturer's recommendation for mixing and application. 1.8 DEMOLITION 1.8.1 Removal of Pavements and Incidentals: 1.8.1.1. Asphalt Pavements: a) Asphalt pavement removal shall be accomplished by use of mechanical equipment. b) Edges of existing asphalt pavement shall be saw cut in a clean straight line adjacent to pavement surfaces that will remain. c) Care shall be used to avoid damage to asphalt pavements remaining in place. d) The project manager must approve the stockpiling of removed asphalt pavement on the job site in advance. e) An acceptable removal method is to saw cut and lift asphalt in larger areas. 1.8.1.2. Concrete Sidewalks, Slabs & Foundations: a) Mechanical equipment shall be used to remove Concrete sidewalks, slabs, curbs, or foundations. Pavement breakers or hydraulic rams shall not be used unless the project manager or designee approves. b) Jackhammers, 30 pounds or less or other approved similar equipment may be used is approved by the project manager or designee. c) Concrete sidewalks, curbs and gutters and driveways shall be removed to the nearest contraction or expansion joint. d) Care shall be taken to avoid damage to sidewalks, curbs, gutters, and driveways that remain in place. 24-21-ITB 24-21-ITB Page 18 of 60 e) Concrete stockpiling on the job site is not permitted unless approved in advance by the project manager or designee. f) An acceptable removal method is to saw-cut and lift concrete in larger areas. 1.9 MINIMUM QUALIFICATIONS 1.9.1 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. 1.9.2 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, 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. 1.9.3 Contractor shall be licensed by the state of Florida as a general contractor. The contractor must provide a copy of their license with their bid submittal; and 1.9.4 Contractor must have a minimum of three (3) years experience performing earthwork services for local and county government agencies and Contractor must have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year; and 1.9.5 Bidder should provide a copy of their business tax receipt if their business is located in Sebastian, FL, or Indian River County. 1.10 QUOTING PROCESS 1.10.1 Upon notification from the Project Manager or designee that services are required, the following shall take place: 1.10.1.1. The contractor will be notified of the project and site location 1.10.1.2. The contractor and the City personnel responsible for overseeing the project shall arrange mutual dates and times. 1.10.2 After a general overview of the project is given to the Contractor on site, the Contractor prepares a written proposal to include the following: 1.10.2.1. The total lump sum “Not to Exceed” amount is based upon the unit pricing given. 1.10.2.2. Number of days required to complete the work after issuance of a purchase order and after authorization to proceed. 1.10.2.3. A brief description of the work to be completed. 24-21-ITB 24-21-ITB Page 19 of 60 1.10.2.4. Material cost estimate if applicable. 1.10.2.5. A proposal shall be emailed to the Project Manager or designee within three (3) working days after the meeting. NOTE: The contractor is responsible for measuring the area serviced on-site to determine exact requirements. The contractor shall be responsible for the accuracy of field measurements. 1.10.2.6. The contractor shall investigate the work's location and required installation conditions. Proposals shall be itemized per unit pricing given. 1.10.3 The Project Manager shall give all changes to the project. Any other work direction taken and performed by the Contractor shall be considered unauthorized and could result in nonpayment of funds for work performed. If changes in scope are required, the Contractor shall submit a revised written proposal outlining the costs associated with the change. Under no circumstances shall work proceed unless authorized by the Project Manager and the Procurement Division has processed a change order to the original purchase order. 1.10.4 The City will not pay “fuel surcharges” if added to an invoice. 1.10.5 Contractor shall start all non-emergency-related work within five (5) working days after receipt of a purchase order. Work is to be completed on time. Repeated failure to complete projects within specified timeframes shall cause this contract to be terminated. 1.10.6 Contractor shall adhere to all noise abatement performance standards for all construction equipment as established by county or state ordinances for work sites during specified hours. 1.10.7 Contractor shall maintain an adequate supply of materials, supplies, personnel, etc., to perform services required to ensure work can be performed on time. Repeated and documented instances of using substandard materials, supplies, personnel, or failure to adequately clean up sites and remove debris when work is complete shall constitute grounds for termination of this contract. 1.10.8 Rework to correct identified deficiencies due to the Contractor’s negligence shall be done at the Contractor’s expense. 1.10.9 No charges shall be allowed for time lost due to equipment failure. 1.11 OTHER The contractor will appoint one of their employees as the key contact for approval by the City’s Project Manager. It is the City’s belief that the service required is adequately described herein. Therefore, any negotiated contract may include the entire effort required of the bidder to provide the service described. Specifically, no additional fees will be allowed for any additional services performed or any reasons whatsoever except those directly attributable to the City’s errors or omissions. 24-21-ITB 24-21-ITB Page 20 of 60 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. 24-21-ITB 24-21-ITB Page 21 of 60 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. 24-21-ITB 24-21-ITB Page 22 of 60 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772- 388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 2.9 NON-COLLUSION By submitting a bid, bidder certifies that all information contained in the bid is truthful to the best of their knowledge and belief. bidder further certifies, under oath, that this bid is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Bidder further certifies that bidder has not divulged discussed, or compared this bid with other bids and has not colluded with any other bidder or parties to the bid. Any violation of this provision will result in the cancellation and/or return of bidder’s materials (as applicable) and the removal of the bid from the list(s). 2.10 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 provision of the goods or services requested in this Solicitation. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Should the successful bidder permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the bidder prior to or during 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 following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, 24-21-ITB 24-21-ITB Page 23 of 60 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 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 City Manager, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. 2.11.3. 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, 24-21-ITB 24-21-ITB Page 24 of 60 and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agreement, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the bid. 2.15 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 be provided and display on their clothing proper identification at all times. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the City’s sole discretion. 2.16 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 24-21-ITB 24-21-ITB Page 25 of 60 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 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 management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the bidder is unable to certify to all of the statement above, bidder shall attach an explanation to this bid. 2.19 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 contractor is found to have failed to perform services in a manner satisfactory to the City; or the City may terminate without cause upon thirty (30) days’ written notice to the bidder. In the event of either termination, the contractor shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non-performance. 2.21 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 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 indicates the basic information listed below. 24-21-ITB 24-21-ITB Page 26 of 60 a) Name of the business organization as specified on the Contract between City and Contractor b) Date of invoice c) Contractor’s invoice number d) Contractor’s federal identification number on file with the state e) City purchase order number and bid number f) Unit price of the goods, services or property provided g) Extended total price of the goods, services or property h) Applicable discounts 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 number will be returned to the contractor for resolution of the discrepancies and resubmitted. It shall be understood that invoices shall not be authorized for payment until the work is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the contractor upon final completion and acceptance. The City shall provide partial payments for Work completed by the contractor during various phases of the Work assignment in accordance with the unit pricing provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure to submit invoices in the prescribed manner will delay payment. 2.23 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 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). 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. 24-21-ITB 24-21-ITB Page 27 of 60 2.25 PRICE ADJUSTMENTS 2.25.1. The original bid prices shall remain firm for the initial term of the agreement. A price escalation/de-escalation will be allowed at each renewal period, provided the Awardee notifies the City, in writing, of the pending price escalation/de-escalation a minimum of 60 days before the final day of the current term. The price escalation percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics. If bidding discounts from list price, discounts offered may not change. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. 2.25.2. The City may approve a price increase at its sole discretion. 2.25.3. Any purchase order issued before the approval of the price increase will not be modified. 2.25.4. The contractor shall not be entitled to an automatic increase in labor rates due to minimum wage increases without providing a request for adjustment at least 30 days before the effective change. 2.26 AVAILABILITY OF FUNDS The obligations of the City under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council. 2.27 SUBCONTRACTORS AND SUPPLIERS The bidder is required to identify any and all subcontractors and/or suppliers that will be used in the performance of the proposed contract and to clearly identify in their submission the names, portions and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in 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 24-21-ITB 24-21-ITB Page 28 of 60 Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 2.31 AUDIT AND INSPECTION The City or their representative reserves the right to inspect and/or audit the contractor's documents and records as they pertain to the products and services delivered under this bid. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this bid. Documents or records in any form shall be open to the city’s representative and may include but are not limited to all correspondence, ordering, paym ent, 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. 24-21-ITB 24-21-ITB Page 29 of 60 Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the bidder of the City’s determination concerning the false certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the bidder determines, using credible information available to the public, that a false certification has been submitted by bidder, this contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a bid for, or entering into or renewing a 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 in 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, 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 screenshot of their current, date-identified “active” status with their submittal. All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to starting work. If the bidder is a State Certified General Contractor, or a State Registered General Contractor the bidder must be registered with the City of Sebastian. 2.36 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. 24-21-ITB 24-21-ITB Page 30 of 60 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 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 continu ing pattern of 24-21-ITB 24-21-ITB Page 31 of 60 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 eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the contract (3) utilize E-Verify to verify the employment eligibility of all employees assigned to the contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Information on registration for and use of the E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. 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. 24-21-ITB 24-21-ITB Page 32 of 60 2.45 DEBARMENT AND SUSPENSION 2.45.1. bidder certifies to the best of its knowledge and belief that it and its principals: 2.45.2. 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. 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; 2.45.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 2.45.5. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. 2.45.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). 2.46 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of a bid, 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 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 24-21-ITB 24-21-ITB Page 33 of 60 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. 24-21-ITB 24-21-ITB Page 34 of 60 SECTION 3 - FEDERAL AWARD PROVISIONS CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (APPENDIX II TO 2 CFR PART 200) All contracts made by a non-Federal entity under a Federal award must contain provisions covering the following, as applicable. These provisions are required and apply under certain conditions when federal funds are expended to make purchases from this solicitation by the City or for any contracts resulting from this procurement process. 3.1 EQUAL EMPLOYMENT OPPORTUNITY (34 CFR 80.36(i)(3)): All vendors, contractors and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by the City of Sebastian an d their Contractors or sub-grantees). 3.2 DAVIS-BACON ACT (34 CFR 80.36(i)(5)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Applies to construction contracts in excess of $2,000 awarded by the City and sub grantees when required by Federal grant program legislation). 3.3 COPELAND “ANTI-KICKBACK “ACT” (34 CFR 80.36(i)(4)): All vendors, contractors and subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and sub-grants for construction or repair). 3.4 CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36(i)(6)): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the City and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). 3.5 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT : If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 3.6 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (34 CFR 80.36(i)(12)): All vendors, contractors and subcontractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Applies to contract, subcontracts and sub-grants of amounts in excess of $150,000). 24-21-ITB 24-21-ITB Page 35 of 60 3.7 BYRD ANTI-LOBBYING AMENDMENT: Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above t hat it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Applicable to contracts greater than or equal to $100,000). 3.8 PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322): A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the time exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 3.9 DEBARMENT AND SUSPENSION: The Contractor certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. In accordance with 2 CFR part, 180 implements Executive Orders 12549 and 12689. Furthermore, the Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 3.10 REMEDIES FOR VIOLATION OR BREACH OF CONTRACT: Remedies for violation or breach of contract are addressed under General Terms and Conditions, paragraph 45. 3.11 TERMINATION FOR CAUSE AND CONVENIENCE: Termination for cause and for convenience are addressed under General Terms and Conditions, paragraph 45. 24-21-ITB 24-21-ITB Page 36 of 60 SECTION 4 - FEDERAL AWARD PROVISIONS - FEMA CONTRACT PROVISIONS FOR NON‐FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (FEDERAL PROGRAM REQUIREMENTS ‐ FEMA) In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the following provisions are required by the Federal Emergency Management Agency (“FEMA”) when federal funds are expended to make purchases from this solicitation by the City or for any contracts resulting from this procurement process. 4.1 ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and subcontractors shall give access to the City of Sebastian, the appropriate Federal agency, the Comptroller General of the United States, or any of their duly authorized representative to any books, documents, papers, and records of the vendor which is directly pertinent to this specific Bid for the purpose of making audit, examination, excerpts, and transcriptions. 4.2 To the extent Contractor maintains information that is subject to a public record request, it shall provide the public access to such records in accordance with, and subject to the applicable statutory terms and fees. Failure to do so will be considered a material breach of the original Agreement resulting in immediate termination with no penalty to City of Sebastian, and Contractor will indemnify and hold the City of Sebastian harmless for any and all damages and expenses suffered as a result of the material breach and contract termination. 4.3 DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department of Homeland Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. 4.4 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS: This is an acknowledgment that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives. 4.5 NO OBLIGATION BY FEDERAL GOVERNMENT: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non‐Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 4.6 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS: The Contractor acknowledges the 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. 24-21-ITB 24-21-ITB Page 37 of 60 SECTION 5 - SPECIAL CONDITIONS 5.1 AWARD The award shall be made to the lowest, most responsive, and 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. 5.2 NOTICE TO PROCEED The contractor shall not commence any work, nor enter a worksite, until a written Notice to Proceed (NTP) directing the awarded bidder to proceed with the Work has been issued by the City; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this ITB and resulting contract. 5.3 LENGTH OF CONTRACT AND RENEWAL This ITB will result in an agreement with a two (2) year initial term. The contract may be renewed for two additional one-year renewal terms. The City seeks a Contractor that will provide timely completion and adhere to the agreed-upon schedule. 5.4 LOCAL VENDOR PREFERENCE Effective October 14, 2009, the 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. (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. 24-21-ITB 24-21-ITB Page 38 of 60 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: (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. 24-21-ITB 24-21-ITB Page 39 of 60 (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. 5.5 NPDES REQUIREMENTS Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and SWPPP Permits shall be included in the RFP Price. For further information on compliance with their rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes 5.6 CHANGE ORDERS 5.6.1. 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 which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents. 5.6.2. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in advance of the change by the designated project manager of the City. The contractor is required to provide the project manager with a detailed cost breakdown of material costs, labor costs, labor rates by trade, and work classification and overhead rates supporting the amount of the change, as well as an explanation of the cost and any revision to the Project completion time. If the contractor fails to notify the project manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgement by contractor that the proposed work will not have any scheduling consequences. Any net increase to the pricing must also be approved and documented with a revised purchase order by City. 24-21-ITB 24-21-ITB Page 40 of 60 5.7 PROJECT COORDINATION 5.7.1. Contractor shall commit to participating in regularly scheduled (i.e. weekly or bi-weekly) project coordination meetings with the contractor’s designated representative and City’s Project Manager throughout the duration of the project and adhere to all CDC guidelines concerning COVID-19. 5.7.2. 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 C ity. The contractor shall understand and agree to the following: 5.7.2.1. Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the agreement; contractor shall ensure enough personnel, materials, supplies, means of transportation, tools and equipment are made available to perform the services; and 5.7.2.2. Contractor shall at all times provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision making authority; and 5.7.2.3. 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 5.7.2.4. 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. 1.12 QUALITY ASSURANCE 1.12.1 The Contractor shall be capable of running up to three (3) projects simultaneously at any given time during the course of this contract. 1.12.2 Defective Materials and Workmanship: All materials and workmanship not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and work orders to cease immediately unless otherwise permitted. No materials which have been rejected, the defects of which have been corrected or removed shall be used until approval has been given by the Project Leader. All work which has been rejected or condemned shall be remedied, or if deemed necessary shall 1.13 CODES AND REGULATIONS 1.13.1 All work including, but not limited to Earthwork: Excavation, Filling & Grading Services shall be performed in accordance to with the following codes, regulations, rule, standards and/or statutes. 24-21-ITB 24-21-ITB Page 41 of 60 1.13.1.1. Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction – Current Edition 1.13.1.2. Florida Building Code (FBC) - Current edition 1.13.1.3. Florida Statutes – Latest revision 1.13.1.4. OSHA Safety Standards, www osha.gov/ 1.13.1.5. American Association of State Highway and Transportation Officials (AASHTO) – T180 Moisture-Density Relations of Soils Using 10 lb. Rammer and 18” 7. American Society for Testing and Materials (ASTM) - Latest revision 5.8 SITE INSPECTION AND DUE DILIGENCE Bidders are obligated to carefully examine the project specification, as well as exercise due diligence regarding any and all current and pre-existing conditions at the project site. Before submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions that may affect the work to be performed. Prior to the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any and all such pre-existing damage to the roadways, driveways, approaches, tree trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the contract or. Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the contractor shall be repaired or replaced at the sole expense of the contractor in a manner acceptable to the City. Failure to properly document such pre-existing conditions and to submit said documentation as required, may render the contractor liable to repair any such damage at no expense to the City. No additional allowances shall be made due to the bidder’s lack of knowledge of the project requirements and site conditions. 5.9 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. 5.10 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. 5.11 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to any type of negligence on the part of the awarded contractor, their employees or other agents. The contractor must show reasonable attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by the awarded contractor, their employees or their agents. The 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 24-21-ITB 24-21-ITB Page 42 of 60 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 s hall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager. 5.12 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. 5.13 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 warrant ed for no less than one (1) year 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. 5.14 PAYMENT/PERFORMANCE BONDS 5.14.1. Projects at or over $200,000.00 will require a Payment and Performance Bond equal to one hundred percent (100%) of the total project price. 5.14.2. The Bond will guarantee the completion of the Work covered by the Contract Documents as well as the payment of all suppliers, Subcontractors, and the Contractor’s workforce. The Bond(s) shall not contain a provision allowing the Surety(s) to cancel the Bonds prior to the full Completion of the Contract, including the option to renew years. (Sample Forms are provided for information purposes.) 5.14.3. The bond (s) shall be provided by a surety company authorized to do business in the state of Florida, and approved by the city manager and city attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashier’s check or an irrevocable letter of credit. 5.14.4. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the state of Florida. The form of the check or letter or credit must be approved by the city manager and city attorney. 5.14.5. Attorneys-in-fact who sign bonds must file with each bond a certified and effective dated copy of their power of attorney. Surety companies executing bonds must appear on the 24-21-ITB 24-21-ITB Page 43 of 60 Treasury Department’s most current list (Circular 570 as amended), and be authorized to transact business in the state of Florida. 5.15 PERMITS AND REGULATIONS All work covered by the technical codes will require a permit from the City of Sebastian Building Department. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing of occupancy or use, erecting, installing, converting or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm or fire sprinkler system. The contractor shall procure and pay for all licenses, and bonds necessary for the prosecution of the work, and/or required by municipal, state and federal regulations, laws and procedures, unless specifically provided otherwise in the bid documents. For more information on the City of Sebastian, Building Department, please visit: https://www.cityofsebastian.org/171/Building-Business-Tax. 5.16 OWNERSHIP OF THE WORK 5.16.1. 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: 5.16.1.1. Final invoice with documentation. 5.16.1.2. The Contract Completion Form 5.16.1.3. Acceptance from City of Sebastian Building department 5.16.1.4. Warranty information to include effective dates, contact information, and details on the scope of coverage. 5.16.1.5. Cut sheets and Operations and Maintenance manuals for any installed equipment. 5.16.1.6. As-Built Drawings 5.16.1.7. Contractor internal work orders/employee timesheets upon request 5.16.1.8. Certified payroll, upon request 5.16.1.9. Any other documents as requested by the City 5.17 INSURANCE 5.17.1. The City of Sebastian is to be specifically included as an additional insured on all insurance certificates (except Worker's Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty - (30) days before said expiration date. The certificate shall provide a thirty - (30) day notification clause in the event of cancellation or modification to the policy. 24-21-ITB 24-21-ITB Page 44 of 60 5.17.2. 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. 5.17.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 5.17.4. Minimum coverage with limits and provisions are as follows: 5.17.4.1. Commercial General Liability: The Successful Bidder shall provide Commercial General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This insurance policy shall be considered primary to and not contributing to any insurance the City maintains. It shall name the City as an additional insured with a waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. The contractor shall obtain insurance which shall at least meet the following minimum limits: • $1,000,000 for each occurrence and a $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. 5.17.4.2. Business Automobile: The Successful Bidder shall provide Business Coverage Automobile Insurance, which shall protect the contractor from claims for damage for personal injury, bodily injury including accidental death, as well as claims for property damages which may arise from operations under this contract whether such operations are by himself or by anyone directly or indirectly employed by him. Coverage shall include owned, non-owned, hired and rented vehicles. The contractor shall obtain insurance which shall at least meet the following minimum limits: • $1,000,000.00 for each accident, combined single limit for bodily injury and property damage. 5.17.4.3. 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. 24-21-ITB 24-21-ITB Page 45 of 60 The Contractor shall obtain insurance which shall at least meet the following minimum limits: • State Worker’s Compensation: Statutory • Employer’s Liability: $1,000,000.00 Each Accident $1,000,000.00 Disease, Policy Limit $1,000,000.00 Disease, Each Employee 5.17.4.4. Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Bidder has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 5.17.4.5. Pollution Liability (when applicable): Successful Bidder shall provide and maintain pollution liability Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Contractor, all arising out of the Goods delivered or Services (including transportation risk) performed under this Contract is required. Combined single limit per occurrence shall not be less than $1,000,000 (one million dollars). Annual aggregate limit shall not be less than $1,000,000 (one million dollars). 5.17.4.6. Professional Liability Insurance or Errors and Omissions Insurance (when applicable): Successful Firm shall provide professional liability insurance, or Errors and Omissions Insurance, with a minimum limit of $1,000,000.00 aggregate with respect to acts, errors or omissions in connection with professional services to be provided under this Agreement. Any deductible is not to exceed $5,000.00 for each claim. The consultant represents it is financially responsible for the deductible amount. 5.17.5. An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’s 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. 5.17.6. The Contractor shall declare any self-insured retention or deductible amount over $5,000 for any policy. The City reserves the right to reject any self-insured retention or deductible over $5,000. 5.17.7. 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 24-21-ITB 24-21-ITB Page 46 of 60 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 24-21-ITB 24-21-ITB Page 47 of 60 SECTION 6 REQUIRED FORMS 24-21-ITB 24-21-ITB Page 48 of 60 CONTACT INFORMATION SHEET DUE DATE: October 3, 2024 Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check the Addenda for any revised opening dates before submitting your bid. Bid(s) received after the date and time stated above will not be opened. CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: Earthwork Services (Excavating, Backfilling and Grading) ITB NO.: #24-21-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 Date Each bid submittal must include the signature of an officer or employee with the 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 for the bid submittal, the bid submittal shall be marked non- responsive. Failure to complete and submit this form with your b id package may result in the rejection of your bid The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best interest and waive any non-substantial irregularities. 24-21-ITB 24-21-ITB Page 49 of 60 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 auth orized 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 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) Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 50 of 60 STATEMENT OF BIDDER’S QUALIFICATIONS Proposer’s Name: Solicitation # and Title: 24-24-ITB, Earthwork Services (Excavating, Backfilling and Grading) Professional License (include name and license) ____________________________________ (1) How long has your organization performed services under your present name? (2) How long has your company provided earthwork services as a contractor or subcontractor? (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 past or present projects? If so, describe the nature of the dispute or litigation and state the Owner's Name, Address, Telephone, and number of disputes or litigations. (Use additional sheets if necessary.) (5) Has the 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 the 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 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 th at 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 Contractor’s Authorized Official Date Name and Title of Contractor’s Authorized Official Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 51 of 60 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) Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 52 of 60 DRUG-FREE WORKPLACE PROGRAM 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. Authorized Signature Company Date Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 53 of 60 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 54 of 60 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 55 of 60 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority - owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Authorized Signature Printed Name & Title Date Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 56 of 60 REFERENCE LIST Company Name: List at least three (3) client references that can speak to the bidder’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. DO NOT list the City of Sebastian as a reference. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 57 of 60 ADDENDA ACKNOWLEDGEMENT Company Name: Phone #: ITB Title: Earthwork Services (Excavating, Backfilling and Grading) ITB #: 24-21-ITB Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding of the 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), the 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: Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 58 of 60 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 59 of 60 TRENCH SAFETY ACT (IF APPLICABLE FOR THIS PROJECT) SECTIONS 553.60-553.64, FLORIDA STATUTES NOTICE TO BIDDERS: In order to comply with the Trench Safety Act, the Bidder is required to specify the costs of compliance. These costs are not a separate pay item. The Bidder must also reference the Trench Safety Standards which will be in effect during construction, and assure in writing that the Bidder will comply with the applicable Trench Safety Standards. Trench Safety Measure Units of Measure Quantity Unit Cost Extended Cost _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ _____________ _________ ___________ ___________ ____________ TOTAL $____________ Company Name Authorized Representative Authorized Representative Signature Date Failure to complete and submit this form with your bid package may result in the rejection of your bid 24-21-ITB 24-21-ITB Page 60 of 60 SECTION 7 – Electronic Price Sheet Instruction The Electronic Price Sheet, Attachment A, is in Excel Format. Bidders must upload their completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the following worksheets: 1) Work Scenarios a. Pricing on this worksheet is MANDATORY. The Lump Sum total for work scenarios will be used as the basis of award. b. This pricing is all-inclusive. All rates must include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. 2) Equipment Fee Schedule a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates must include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. 3) Labor Rates a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates must include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. 4) The Bid Prices shall remain good for ninety (90) days after the due date of this ITB. By signing below, the Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., o f the project per the ITB documents. 5) By affixing their signature to the Bid Price Form, the Bidder hereby states that they have read all bid specifications, terms and conditions outlined in the Invitation to Bid and agree to such. Bidder declares that the individual signing this Bid Form has the legal capacity to sign on behalf of Bidder and to contractually obligate Bidder. 6) Furthermore, Bidder hereby agrees to provide the services described in the Invitation to Bid for the unit or lump sum prices as noted above, 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. Bidder’s Name: Signature: Date: Print Name: Title: