Loading...
HomeMy WebLinkAboutA - 24-13-ITB CDBG Housing Rehabilitation Program For Three (3) Single-Family Home Units INVITATION TO BID 24-13-ITB CDBG HOUSING REHABILITATION PROGRAM FOR THREE (3) SINGLE-FAMILY HOME UNITS 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: Thursday, May 23, 2024 - MANDATORY PRE-BID MEETING Thursday, June 6, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Thursday, June 13, 2024 2:00 PM Local Time BID DUE DATE: Thursday, June 20, 2024 2:00 PM Local Time RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, July 10, 2024 6:00 PM Local Time BID SUBMITTAL All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/. 24-13-ITB Page 2 of 36 INVITATION TO BID The City of Sebastian is seeking bids from licensed, qualified, and well-established housing rehabilitation Contractors to furnish all labor and materials to provide minor to substantial repairs to three (3) single- family homes for its Community Development Block Grant (CDBG) Housing Rehabilitation Program. All rehabilitation repairs must meet all applicable Federal code requirements, including minimum Section 8 Housing Quality Standards: all Florida Residential Building Codes, and all applicable local and Indian River County codes. This project is a Federally Funded Project under Community Development Block Grant (CDBG) funding by the Department of Housing and Urban Development (HUD). The Contractor will be required to have an active Data Universal Numbering System (DUNS) Number provided by Dun & Bradstreet and all aspects of the project must conform to the U.S ., HUD standards and abide by the Davis-Bacon Wage Determinations (see Appendix “II”). BID GUARANTEE The bidder shall warrant that the unit prices, terms, and conditions quoted in the bid shall be for a period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms and conditions shall remain in effect for the contract period. BID SUBMITTAL Bid submittals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. PRE-BID MEETING A MANDATORY Pre-Bid Meeting will be held Thursday, June 6, 2024 at 10:30 AM local time at the City of Sebastian Council Chambers, 1225 Main Street, Sebastian, FL 32958. A site visit will be help immediately after the pre-bid meeting. QUESTION DEADLINE The deadline to submit questions concerning this ITB will be Thursday, June 13, 2024 by 2:00 PM local time. Any and all questions or communication regarding this ITB should be emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone representing a bidder) regarding this ITB with the City Council or a City employee/representative other than this point of contact is grounds for disqualification. BID OPENING All sealed bids are due by Thursday, June 20, 2024 by 2:00 P.M. local time. Only the NAME of the contractors who submitted a response to this Invitation to Bid will be read aloud. All bids submitted to the city become public record unless exempt under Florida or other law as outlined above herein. 24-13-ITB Page 3 of 36 Late bids will not be opened or announced. Bidders have the option of picking up or paying for the mailed return of their late, unopened Bid. If this option is not exercised within five (5) days of the Bid Opening date, the late, unopened Bid will be disposed At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities. Publish: Thursday, May 23, 2024 Publication: Indian River Press Journal/TCPalm By: Jessica Graham, CPPB Procurement/Contracts Manager 24-13-ITB Page 4 of 36 TABLE OF CONTENTS INVITATION TO BID 2 TABLE OF CONTENTS 4 BID CHECK LIST 5 SECTION 1 – SCOPE OF WORK 6 SECTION 2 – GENERAL TERMS AND CONDITIONS 8 SECTION 3 – SPECIAL CONDITIONS 19 SECTION 4 – FORMS 22  CONTACT INFORMATION SHEET 23  CORPORATE RESOLUTION, IF APPLICABLE 24  CONTRACTOR QUESTIONNAIRE 25  BIDDER’S REPRESENTATION AND CERTIFICATION FORM 26  INSURANCE ACKNOWLEDGEMENT 31  REFERENCE LIST 15  SUBCONTRACTOR LIST 16  ADDENDA ACKNOWLEDGEMENT 17  BID FORM 36 APPENDIX I – SCOPES OF WORK Attached  SOW - Parris- 4-18-24  SOW - Zamborous - 4-18-24  SOW-Sebastian (23-24) CDBG Program (586 Gerald St)-Weston APPENDIX II – Davis Bacon Wager Determination Attached 24-13-ITB Page 5 of 36 BID CHECK LIST This “Standardized Check List” has been provided to assist the bidders with the submission of their bid package. This Check List cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire bid document to ensure that they are in compliance. The City, in its sole discretion, reserves the right to reject any and all bids, to waive any and all formalities and reserves the right to disregard all nonconforming, non -responsive or incomplete bids. The City specifically reserves the absolute right to determine the seriousness of any proposer’s failure to specifically conform to the requirements of the proposal document. Bidders cannot utilize the City’s determination of the seriousness of any specific non- conformance as a basis to protest the award of any proposal. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non -responsive, any or all bids where bidder fails to acknowledge receipt of Addenda as prescribed. YES NO Completed Check List Complete Electronic PDF qualification submittal Contact Information Sheet Corporate Resolution Contractor Questionnaire Bidder’s Representation and Certification Form Insurance Requirements Acknowledgement Reference List Subcontractor List Addenda Acknowledgement Bid Form Business Tax Receipt, if applicable Proof of Professional License _________________________________________ _________________________________________ Authorized Signature Company _________________________________________ _________________________________________ Printed Name & Title Date 24-13-ITB Page 6 of 36 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF SERVICES 1.1.1 The City of Sebastian is seeking bids from licensed, qualified, and well-established housing rehabilitation Contractors to furnish all labor and materials to provide minor to substantial repairs to three (3) single-family homes for its Community Development Block Grant (CDBG) Housing Rehabilitation Program. Descriptions of Work can be found in Appendix “I”. All bid prices shall include labor, supervision, materials, Insurance, equipment and services necessary to complete the Work. All rehabilitation repairs must meet all applicable Federal code requirements, including minimum Section 8 Housing Quality Standards, all Florida Residential Building Codes, and all applicable local and Indian River County codes. 1.1.2 City of Sebastian, Florida has received Community Development Block Grant (CDBG ) federal funding from the Department of Housing and Urban Development (HUD) for the purpose of Housing Rehabilitation for Very Low, Low, and Moderate-income individuals and families that were found to be income eligible and reside in owner -occupied residences within the City. These CDBG funds will be used to assist program eligible individuals and families with the rehabilitation of their homes in order to reduce the likelihood of home blight and abandonment within the City of Sebastian. 1.1.3 The Contractor will be required to have an active DUNS number and all aspects of the project must conform to the U.S, HUD standards and abide by the Davis -Bacon Wage Determinations (see Appendix “II”). No Contractor or subcontractor may participate in this work if ineligible to receive Federal or State funded contracts. 1.1.4 Bidder shall not contact the Homeowner or visit the project sites. The City will act as agent for the Homeowner in preparing contract documents, inspecting, and issuing payments. The resulting contracts will be between the City and the Contractor(s). 1.2 MINIMUM REQUIREMENTS Bidders that do not meet all 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. At minimum, qualified Bidder must: 1.2.1 Be currently licensed in the State of Florida as General or Building Contractor; and 1.2.2 Must have a minimum of three (3) years’ experience performing similar work involving housing repairs and CDBG funding; and 1.2.3 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 to coincide with the warranty requirement; and 1.2.4 Attend Mandatory Pre-Bid Meeting; and 1.2.5 Meet insurance requirements applicable to perform the services. 1.2.6 A Bidder that is a new company, has been purchased or undergone a name change, must have been in business for a minimum of six (6) months. If applicable, Bidders must provide details in bid. The City reserves the right to accept a combination of 24-13-ITB Page 7 of 36 experience amongst owners from said previous companies to meet minimum requirements. 1.3 LOCATION OF PROJECTS 1.3.1 516 Gerald Street, Sebastian, FL 32958 1.3.2 586 Gerald Street, Sebastian FL 32958 1.3.3 692 Balboa Street, Sebastian, FL 32958 1.4 WORK DETAILS 1.4.1 Each project cost is not to exceed $25,000.00. Costs shall include labor, supervision, materials, Insurance, equipment and services necessary to complete the Work in accordance with the Contract Documents. All job site and home office overhead, and profit shall be included. 1.4.1.1. NOTE: Costs +/- 15% of budgeted amount, may be considered non- responsive. 1.4.2 Bidders can provide bid pricing on any one individual, multiple or all rehabilitation single-family homes listed in this bid. No Bidder will be awarded more than three (3) jobs being repaired at one time. The City may waive this rule if it is determined that there are an inadequate number of qualified Bidders, if the other bids are excessive of the aforementioned budget, or if other extenuating circumstances arise. 1.5 METHOD OF AWARD The City, in its sole discretion, intends to award this contract to the lowest, responsive and responsible Bidder(s), whose price, experience and qualifications prove to be the most beneficial to the City and the specific project. Bidder(s) shall have the organization, experience, capital, license, certification and equipment to carry out the provisions of the Contract to the satisfaction of the City. The City reserves the right to reject low Bids, to waive irregularities and/or inconsistencies in any Bid, and to award this Contract in a manner deemed to be in the City’s best interest. 1.6 AGREEMENT TERM AND RENEWALS The effective date of the agreement will be on or before July 30, 2024, with intended completion within ninety (90) days of issuance of my necessary permit(s). The City reserves the right to extend, at its sole discretion, as needed for project completion. The City places significant value on high quality work and performance, timely access and response, scheduling and cost concerns and communication. END OF SECTION 24-13-ITB Page 8 of 36 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 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. 2.3 BID SUBMISSION 2.3.1. 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. 2.3.2. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. 2.3.3. 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. 24-13-ITB Page 9 of 36 2.4 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. 2.5 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. 2.6 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. Theref ore, if the bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772- 388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 2.7 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). 24-13-ITB Page 10 of 36 2.8 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. 2.9 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 notic e 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 for mal 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 a ddress: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.9.1. Decision – If the protest is not resolved by mutual agr eement, 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. 2.9.2. Administrative Review – If the protestor disa grees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. 2.9.3. 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 24-13-ITB Page 11 of 36 appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. 2.10 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. 2.11 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURE S 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 f ines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 2.12 INDEPENDENT CONTRACTOR RELATIONSHIP The contractor is, and shall be, in the performance of all Services and activities under th is Agreement, an independent contractor, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall at all times, and in all places, be subject to the contractor’s sole direct ion, 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. 2.13 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 24-13-ITB Page 12 of 36 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: 2.13.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or 2.13.2. 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 2.13.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 2.13.4. 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. 2.14 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. 2.15 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this ITB can be terminated immediately for cause if contractor is found to have failed to perform services in a manner satisfactory to the City; or the City may terminate without cause upon thir ty (30) days’ written notice to the bidder. In the event of either termination, the contractor shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non-performance. 2.16 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. 2.17 INVOICING Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below. a) Name of the business organization as specified on the Contract between City and Contractor b) Date of invoice 24-13-ITB Page 13 of 36 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 w ork is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the contractor upon final completion and acceptance. The City shall provide partial payments for Work completed by the contractor during various phases of the Work assignment in accordance with the unit pricing provided in their bid submittal subject to an agreement maximum or not to exceed amount. Failure to submit invoices in the prescribed manner will delay payment. 2.18 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. Fa ilure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 2.19 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. 2.20 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 sha ll 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. 2.21 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. 24-13-ITB Page 14 of 36 2.22 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. 2.23 DISCRIMINATION The bidder shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, bidders, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 2.24 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 limit ed to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City and the contractor. 2.25 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. 2.26 CONTRACTS AND AMENDMENTS The contents of this bid and all provisions of the contr actor’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. 2.27 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: 2.27.1. Does not participate in a boycott of Israel; and 24-13-ITB Page 15 of 36 2.27.2. Is not on the Scrutinized Companies that Boycott Israel List; and 2.27.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.27.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.27.5. Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the bidder of the City’s determination concerning the false certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the bidder determines, using credible information available to the public, that a false certification has been submitted by bidder, this contract may be terminated and a civil penalt y 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 ag encies 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. 2.28 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. Contra ctors 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. 24-13-ITB Page 16 of 36 2.29 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 s ecuring such materials. 2.30 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 n ot 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. 2.31 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 b eyond 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. 2.32 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 expr essly 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. 2.33 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. 24-13-ITB Page 17 of 36 2.34 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, bidder certifies the following: 2.34.1. 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. 2.34.2. 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. 2.34.3. 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. 2.34.4. The bidder/employer imposes a sanction, or r equires 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. 2.34.5. The bidder/employer makes a good faith effort to continue to maintain a dr ug free work place through the Implementation of the drug free workplace program. 2.35 DEBARMENT AND SUSPENSION 2.35.1. bidder certifies to the best of its knowledge and belief that it and its principals: 2.35.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2.35.3. 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; 2.35.4. 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 2.35.5. 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. 2.35.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). 2.36 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of a proposal, Respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List. 24-13-ITB Page 18 of 36 2.37 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 a ddress 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. 24-13-ITB Page 19 of 36 SECTION 3 - SPECIAL CONDITIONS 3.1 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 emergenc y work that may be required in accordance with the provisions included elsewhere in this ITB and resulting contract. 3.2 SITE INSPECTION AND DUE DILLIGENCE Bidders are obligated to carefully examine the project specification, as well as exercising due diligence regarding any and all current and pre-existing conditions at the project site. Prior to submitting their bid, the bidder shall be responsible for visiting the project site during the Mandatory Pre-Bid Meeting and becoming familiar with any conditions which may affect the work to be performed. Prior to the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any and all such pre- 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 b e accessed and/or utilized by the contractor. Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the contractor shall be repaired or replaced at the sole expense of the contractor in a manner acceptable to the City. Failure to properly document such pre-existing conditions and to submit said documentation as required, may render the contractor liable to repair any such damage at no expense to the City. No additional allowances shall be made due to the bidder’s lack of knowledge of the project requirements and site conditions. 3.3 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, or private 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 privat e 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. Any damages, including damage to finished surfaces and spilled l iquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the satisfaction of the project manager. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the satisfaction of the project manager at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager. 3.4 REMOVAL OF DEBRIS Contractor shall at all times, during the performance of services, keep the worksite free and clear of all rubbish and debris. Any material or waste generated by contractor or its employees, agents and Subcontractors shall be removed and disposed of by the contractor at its expense, to the satisfaction of the City. The contractor assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards. 3.5 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 24-13-ITB Page 20 of 36 provided otherwise in the bid documents. For more information on the City of Sebastian, Building Department, please visit: https://www.cityofsebastian.org/171/Building-Business-Tax. 3.6 OWNERSHIP OF THE WORK 3.6.1. The contractor is solely responsible for all work, until final completion of the work. Contractor shall be liable for all damage, theft, maintenance, and safety until such time as the City of Sebastian issues a notice of final completion of the work. Upon completion of each job, the contractor shall submit the following information, as applicable: 3.6.1.1. Final invoice with documentation. 3.6.1.2. The Contract Completion Form 3.6.1.3. Acceptance from City of Sebastian Building department 3.6.1.4. Warranty information to include effective dates, contact information, and details on the scope of coverage. 3.6.1.5. Cut sheets and Operations and Maintenance manuals for any installed equipment. 3.6.1.6. As -Built Drawings 3.6.1.7. Contractor internal work orders / employee timesheets upon request 3.6.1.8. Certified payroll, upon request 3.6.1.9. Any other documents as requested by the City 3.7 INSURANCE 3.7.1. The City of Sebastian is to be specifically included as an additional insured on all certificates of insurance (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal cert ificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 3.7.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. 3.7.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 3.7.4. Minimum coverage with limits and provisions are as follows: 24-13-ITB Page 21 of 36 3.7.4.1. Commercial General Liability: The Successful Bidder shall provide minimum limits of $500,000 each occurrence, $500,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City and shall name the City as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. 3.7.4.2. Business Automobile: Successful Bidder shall provide minimum limits of liability of $500,000each accident, combined single limit for bodily injury and property damage. This shall include coverage for:  Owned Automobiles  Hired Automobiles  Non-Owned Automobiles 3.7.4.3. Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 3.7.4.4. Workers' Compensation: The Successful Bidder shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. 3.7.4.5. An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. 3.7.5. The Contractor shall declare any self -insured retention or deductible amount in excess of $5,000 for any policy. The City reserves the right to rej ect any self-insured retention or deductible in excess of $5,000. 3.7.6. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier . 24-13-ITB Page 22 of 36 SECTION 4 FORMS 24-13-ITB Page 23 of 36 CONTACT INFORMATION SHEET Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check Addenda for any revised opening dates before submitting your bid. Bid(s) received, after the date and time stated above, will not be opened. DUE DATE: June 20, 2024 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: CDBG Housing Rehabilitation Program for Three (3) Single-Family Home Units ITB NO.: #24-13-ITB Bidder’s Name and “Doing Business As”, if applicable: Federal Tax Identification Number: Address: City: State: Zip Code: Telephone No: Fax No: E-Mail Address of Authorized Representative: I certify that I have carefully examined the ITB document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of the bidder names above and that the bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid and prices will remain bidder for a period of ninety-(90) days in order to allow the City adequate time to evaluate the bid. __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) __________________________________________________________________ Title Each bid submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a Corporate Resolution is not provided with the bid submittal, the bid submittal shall be marked non-responsive. The City reserves the right to reject any and all bids, or to accept any bid or port ion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. 24-13-ITB Page 24 of 36 CORPORATE RESOLUTION I, ______________________________, Board President of ______________________________, a corporation organized and existing under the laws of the State of _____________________, hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on _____________________, 202__, at which a quorum was present and acting throughout, the following resolutions were adopted and are now in full force and effect: RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation a bids and agreements, of which bids and agreements include a hold harmless and indemnification clause. I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME OFFICIAL SIGNATURE IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this _____ day of ____________, 2024. Board President Signature: __________________________________________________ 24-13-ITB Page 25 of 36 CONTRACTOR QUESTIONNAIRE 1. How long has the company been in business as a licensed General or Contractor? 2. Provide business address. NOTE: Must be within the state of Florida. 3. How many General Contracting projects do you currently have active? Commercial (Public Sector): ______ Commercial (Private Sector): ______ Residential: _______ 4. How many employees does your company currently employ? Full-time: ____________ Part-time: ____________ 5. If awarded this contract, how will you meet the manpower requirements? Use current staff of company employees Hire additional staff as regular employees Use contract temporary labor providers 6. What equipment do you own that can be utilized on this contract? (Attach List of equipment) 7. If awarded this contract, how will you meet the equipment requirements? Use current owned equipment Lease equipment to meet requirements Purchase additional equipment Company Name: Authorized Name: Title: Signature: Date: 24-13-ITB Page 26 of 36 BIDDER’S REPRESENTATION AND CERTIFICATION FORM Page 1 of 5 In submitting a Bid, Bidder understands, represents, and certifies the following (if the Bidder cannot so certify to any of following, the Bidder shall submit with its Bid a written explanation of why it cannot do so). If County finds, before or after Award of the Bid that Bidder was not truthful concerning any of the following, County shall have the right to terminate the Award without liability and, at its discretion, to seek damages from Bidder, if damages result to the County from such act, in any way what so ever. Compliance with Laws: Bidder shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran’s status. Violation of such laws shall be grounds for termination of the Agreement. Initial __________ Conflict of Interest: Bidder covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore, Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Bidder to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Bidder any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Bidder, and its subcontractors at any tier, certify that they have not entered into any contract, sub- contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, of employee of Bidder or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. Bidder, and its subcontractors at any tier, shall insert the following provision into each of their contracts and sub-contracts: "No member, officer, or employee of the sub-contractor, during their tenure or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." Initial __________ Convictions: Bidder has fully informed Owner of all convictions of the firm, its a ffiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any stat e or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. Initial __________ Discriminatory Vendor: Bidder certifies that they are not subject to Section 287.134 (2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract with any public entity, and may not transact business with public entity. Initial __________ 24-13-ITB Page 27 of 36 BIDDER’S REPRESENTATION AND CERTIFICATION FORM Page 2 of 5 Drug Free Workplace: Bidder certifies that it has a Drug-Free Workplace Program in accordance with the Drug- Free Workplace Act of 1988. (41 U.S.C. 702-706) Initial __________ Debarment: Bidder certifies to the best of their knowledge and belief, that they and their principals 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, County, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of 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, 3) 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 above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise County immediately if their status changes and will provide an explanation for the change in status. Initial __________ Equal Employment Opportunity: Bidder shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discr imination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U .S.C. § 201, et seq.), and any other Federal and State discrimination statutes. Bidder shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or County may require. The above shall be required of any sub-contractor hired by Bidder. All Equal Employment Opportunity requirements shall be included in all non- exempt sub-contracts entered into by Bidder. Sub-contracts entered into by Bidder shall also include all other applicable labor provisions. No sub-contract shall be awarded to any non-complying sub-contractor. Additionally, Bidder shall insert in its sub- contracts a clause requiring subcontractors to include these provisions in any lower tier sub-contracts that may in turn be made. Bidder shall comply with all state laws and local ordinances, except that any preferential consideration of local in-state subcontractors is NOT allowed. Initial __________ E-Verification System: Bidder shall comply with the Executive Order No. 12989 as amended, and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security’s E -Verify system, https://e- verify.uscis.gov/emp, to verify the employment eligibility of one (1) all persons employed by the Bidder during the contract term to perform any duties within Florida; and two (2) all persons, including subcontractors, assigned by the Bidder to perform work pursuant to this Contract. Bidders meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. Initial __________ 24-13-ITB Page 28 of 36 BIDDER’S REPRESENTATION AND CERTIFICATION FORM Page 3 of 5 Immigration and Nationality Act: Bidder shall comply with all immigration laws as outlined in 8 USC § 1324a - Unlawful employment of aliens. County will not intentionally award County contracts to any Bidder who knowingly employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with County may result in immediate termination of the Agreement. County will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by County, if Contractor knowingly employs unauthorized aliens. Initial __________ Lobbying: Bidder shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any County officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any County officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the for m of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. Initial __________ Non-Collusion: Bidder agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Bidder intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Bidder certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public contract. Initial __________ Prohibited Interests: Bidder, and its sub-contractors at any tier, certify that they have not entered into any contract, sub-contract, or arrangement in connection with the project covered under this Invitation to Bid, or of any property included or planned to be included in the project, in which any member, officer, of employee of the Bidder or its sub - contractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. Initial __________ Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or repl y on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Initial __________ 24-13-ITB Page 29 of 36 BIDDER’S REPRESENTATION AND CERTIFICATION FORM Page 4 of 5 Scrutinized Vendor: Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City of Sebastian, that it: (1) Does not participate in a boycott of Israel; and (2) Is not on the Scrutinized Companies that Boycott Israel List; and (3) Is not on the Scrutinized Companies with Activities in Sudan List; and (4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and (5) Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. Section 287.135, Florida Statutes, 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 bidding on, submitting a BID for, or entering into or renewing a contract if the company is on the Scruti nized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. 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 Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. Initial __________ Indemnification: The Contractor/Builder or its sub-contractors 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/Builder or its sub-contractors and other persons employed or utilized by the Contractor/Builder or its sub-contractors 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/Builder or its sub-contractors 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 Contractor/Builder or its sub-contractors 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. Initial __________ 24-13-ITB Page 30 of 36 BIDDER’S REPRESENTATION AND CERTIFICATION FORM Page 5 of 5 If Bidder cannot attest to any of the above, they must submit an explanation as to why on their letterhead, signed by the individual signing this Form, and attach such to this Form. Bidder’s Name: Bidder’s Address: Phone No: Email Address: Authorized Representative: Title: Signature: Date: ***************************************************************************************** State of ____________________ County of ___________________ The foregoing Affidavit was acknowledged before me on _______________________ (DATE). Notary Public Signature [Notary Seal] 24-13-ITB Page 31 of 36 INSURANCE REQUIREMENTS ACKNOWLEDGEMENT STANDARD INSURANCE REQUIREMENTS Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 and should reference the operation. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: 1) Commercial General Liability: The Successful Bidder shall provide minimum limits of $500,000 each occurrence, $500,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed op erations, contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City and s hall name the City as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. 2) Business Automobile: Successful Bidder shall provide minimum limits of liability of $500,000 each accident, combined single limit for bodily injury and property damage. This shall include coverage for:  Owned Automobiles  Hired Automobiles  Non-Owned Automobiles 3) Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $500,000 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 4) Workers' Compensation: The Successful Bidder shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Flori da Statutes Chapter 440). Exemption certificates to this requirement are not acceptable. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable. Successful Bidder shall further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation insurance. 24-13-ITB Page 32 of 36 Other Insurance Provisions : The City is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal cer tificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause – Successful Proposer to declare self-insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that a ll subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. _________________________________ _________________________________ Authorized Signature Company _________________________________ _________________________________ Printed Name & Title Date 24-13-ITB Page 33 of 36 REFERENCE LIST Proposer’s Name: List a minimum of three (3) client references that can speak to the proposer’s experience and performance, within the last five (5) years. The City will conduct Reference Checks for the provided references. If the contact information is incorrect or the reference does not respond, the proposer will lose points awarded for this criterion. Use additional sheets as necessary. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: 24-13-ITB Page 34 of 36 SUBCONTRACTOR LIST Bidder’s Name: Phone #: Solicitation Title CDBG Housing Rehabilitation Program for Three (3) Single-Family Home Units Solicitation #: 24-13-ITB NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP on this project, whether they were selected or not. If sub-contractors will not be used on this agreement, check the box below. Form must be submitted with your RFP. Use additional sheets if necessary. The City reserves the right to reject any proposals if the proposer names sub -contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar natu re, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub - contractor in order to make a determination as to the foregoing. Company Name Work To Be Performed and Percentage of Work to be Performed Contact Person Telephone Number 1 2 3 4 5 6 I affirm that sub-contractor(s) will not be used to complete projects under this agreement. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date 24-13-ITB Page 35 of 36 ADDENDA ACKNOWLEDGEMENT Bidder’s Name: Phone #: Solicitation Title CDBG Housing Rehabilitation Program for Three (3) Single-Family Home Units Solicitation #: 24-13-ITB Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be considered non-responsive. To confirm the nu mber of addenda (if any), bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: 24-13-ITB Page 36 of 36 BID FORM Refer to Appendix “I” - SOW for detailed descriptions of the work to be performed at each location listed below. 1. 516 Gerald Street, Sebastian, FL 32958 TOTAL BID AMOUNT: $________________________________________________________ TOTAL BID AMOUNT WRITTEN: _______________________________________________ (Spelled Out) 2. 586 Gerald Street, Sebastian, FL 32958 TOTAL BID AMOUNT: $________________________________________________________ TOTAL BID AMOUNT WRITTEN: _______________________________________________ (Spelled Out) 3. 692 Balboa Street, Sebastian, FL 32958 TOTAL BID AMOUNT: $________________________________________________________ TOTAL BID AMOUNT WRITTEN: _______________________________________________ (Spelled Out) 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 o f the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. By affixing their signature to the Bid 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. Furthermore, Bidder hereby agrees to provide the Ser vices 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: