HomeMy WebLinkAboutA - 24-19-ITB - Hangar D Build Out - South OfficesInvitation to Bid
24-19-ITB
HANGAR D BUILD OUT – SOUTH OFFICES
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 bidders of all changes.
It is the bidder's responsibility to check for addenda associated with this solicitation.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE:Monday, August 5, 2024 -
PRE-BID MEETING Tuesday, August 20, 2024 10:00 AM Local Time
QUESTIONS DUE DEADLINE:Friday, August 23, 2024,12:00 PM Local Time
BID DUE DATE:Wednesday, September 4, 2024 2:00 PM Local Time
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, September 25, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All bids must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
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In accordance with the Americans with Disabilities Act, any person who believes he or she has a
disability requiring the use of a special accommodation at the pre-bid conference or bid opening should
contact the City of Sebastian at 772-388-8231 at least five (5) days before the event to advise of his/her
special requirements.
INVITATION TO BID
The City of Sebastian requests bids from qualified and well-established contractors to provide
general/residential contracting services for the south office in Hangar D at Sebastian Municipal Airport.
The contractor shall provide all necessary labor, materials, equipment, transportation, supervision, etc. to
supply and install the aforementioned restroom building per the scope of work.
ELECTRONIC BID SECURITY
Electronic bid security shall be submitted by the bidder and made payable to the City of Sebastian in an
amount of not less than five percent (5%) of the total bid price.A contractor may file an alternative
form of security in the form of cash, a money order, a certified check, a cashier’s check, or a domestic
corporate bond, note, or debenture as authorized in s. 625.317.The electronic bid Security shall be issued
by a company with a registered agent in Florida. Personal or business checks are not acceptable.
BID SUBMITTAL
Bid submittals are due on the date and time indicated on the cover page or as amended in 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 Contractor's sole responsibility 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 other means not specified herein will not be accepted.
PRE-BID MEETING/SITE VISIT
A non-mandatory Pre-Bid Meeting and Site Visit will be held on Tuesday, August 20, 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 Friday, August 23, 2024, at noon 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 Wednesday, September 4, 2024, by 2:00 P.M. local time.
The Bid Opening will be held virtually. Bids will be opened on Wednesday, September 4, 2024, at
2:15 p.m. local time. The submitters' company name and the lump sum bid amount will be read aloud.
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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 records unless exempt under Florida law.
Late bids will not be opened or announced. Bidders can pick up or pay 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.
Date Advertised: Sunday, August 4, 2024
Publication: Indian River Press/TCPalm
By: Jessica Graham, CPPB
Procurement/Contracts Manager
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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 11
SECTION 3 – SPECIAL CONDITIONS 25
SECTION 4 – REQUIRED FORMS 32
CONTACT INFORMATION SHEET 33
CORPORATE RESOLUTION 34
STATEMENT OF BIDDER’S QUALIFICATIONS 35
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 36
DRUG-FREE WORKPLACE PROGRAM 37
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 38
CERTIFICATION REGARDING LOBBYING 39
CERTIFICATION REGARDING SCRUTINIZED COMPANIES 40
REFERENCE LIST 41
SUBCONTRACTOR LIST 42
ADDENDA ACKNOWLEDGEMENT 43
LOCAL VENDOR PREFERENCE AFFIDAVIT 44
SECTION 5 – BID PRICE FORM 45
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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 proposal 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 proposal. Bids may be considered subject to rejection if in the sole opinion of the City:
there is a serious omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unbalanced
unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all bids where the bidder
fails to acknowledge receipt of Addenda as prescribed.
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)
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.
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SECTION 1 – SCOPE OF WORK
1.1 This project includes general/residential building contracting services for an existing area in a
15,000SF metal building structure to create air-conditioned office space. Please refer to the plans
in Attachment A and Attachment B for additional details on the scope of work to be performed.
Note: Attachments A and B reference the buildout of the North and South Offices of Hangar
D. This solicitation encompasses the South Offices only. The South Offices include rooms 100
(Simulator Area), 101 (Office #1), 102 (Office #2), 103 (Breakroom), and the South Office
Corridor. Rooms 104 (Utility Room), 105 (Restroom), and 106 (Restroom) were completed
when Hangar D was built.
1.2 BUDGETED AMOUNT
The maximum budget amount for this Project shall not exceed $100,000.00. This budget
shall include all project costs and all other work necessary to fully and timely complete all
portions of the project.
1.3 SCOPE OF WORK
1.3.1 The awarded contractor must complete the outstanding items listed below per the
attached plans. Renovations have already begun in the South offices. The previously
completed work will be permitted, inspected, and approved before the awarded contractor
is issued a Notice to Proceed to complete the Scope of work outlined below.
1.3.2 Office #1
1.3.2.1.Insulate Exterior Walls
1.3.2.2.Drywall / Framing / Tape & Spackle –
Work has begun but needs to be completed
1.3.2.3.Painting – Entire Room & Trim
1.3.2.4.Electrical – 5 Outlets / Switches
Work has begun but needs to be completed
1.3.2.5.Network – 2 ea. Cat 5 Connections
1.3.2.6.Ceiling
Installation of ceiling grid and tiles
Installation of 2x2 Acoustic Panels
Installation of 4 ea. 2x2 LED Ceiling Lights & Applicable Wiring
1.3.2.7.2 ea. Fire Sprinkler Drops to Heads mounted on Acoustic Ceiling Panels
1.3.2.8.HVAC Diffuser and Returns
1.3.2.9.Trim – Baseboard and Quarter Round (including painting)
1.3.2.10.Floor – Install 20x20 Rectified Porcelain & Grout
1.3.2.11.Transition Trim
Must be installed at the door between floor types.
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1.3.2.12.Note: Framing is complete, and the room door has been installed.
1.3.3 Office #2
1.3.3.1.Framing
Work has begun but needs to be completed
1.3.3.2.Insulate Exterior Walls
1.3.3.3.Drywall / Framing / Tape & Spackle
1.3.3.4.Painting – Entire Room & Trim
1.3.3.5.Electrical – 6 Outlets / Switches
Work has begun but needs to be completed
1.3.3.6.Network – 2 ea. Cat 5 Connections
1.3.3.7.Ceiling
Installation of ceiling grid and tiles
Installation of 2x2 Acoustic Panels
Installation of 4 ea. 2x2 LED Ceiling Lights & Applicable Wiring
1.3.3.8.2 ea. Fire Sprinkler Drops to Heads mounted on Acoustic Ceiling Panels
1.3.3.9.HVAC Diffuser and Returns
1.3.3.10.Trim – Baseboard and Quarter Round (including painting)
1.3.3.11.Floor – Install 20x20 Rectified Porcelain & Grout
1.3.3.12.Window – Install 4x4 Window Overlooking Simulator Bay
1.3.3.13.Transition Trim
Must be installed at the door between floor types.
1.3.3.14.Note: The room door has been installed.
1.3.4 Open Simulator Bay Area
1.3.4.1.Framing
1.3.4.2.Insulate Exterior Walls
1.3.4.3.Drywall / Framing / Tape & Spackle
1.3.4.4.Painting – Entire Room & Trim
1.3.4.5.Electrical
7 Outlets / Switches Needed (110v.)
3-phase (1 ea. Needed)
1.3.4.6.Network – 2 ea. Cat 5 Connections
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1.3.4.7.Ceiling
Removal of fluorescent lights
4 ea. 2x2 LED Ceiling Lights & Applicable Wiring
1.3.4.8.HVAC Diffuser and Motorized Damper Returns
1.3.4.9.Trim – Baseboard and Quarter Round (including painting)
1.3.4.10.Transition Trim
Must be installed at the door between floor types.
1.3.4.11.Create a 9’x9’ Opening from Simulator Bay to Hangar
Open to allow simulator entry, then close, maintaining Hurricane and
Fire Rating.
1.1.1.1.Note: The floor has been completed.
1.3.5 Kitchen
1.3.5.1.Drywall / Framing / Tape & Spackle
1.3.5.2.Painting – Entire Room & Trim
1.3.5.3.Electrical – 7 Outlets / Switches
Work has begun but needs to be completed
1.3.5.4.Network – 1 ea. Cat 5 Connection
1.3.5.5.Ceiling
Installation of ceiling grid and tiles
Installation of 2x2 Acoustic Panels
Installation of 4 ea. 2x2 LED Ceiling Lights & Applicable Wiring
1.3.5.6.2 ea. Fire Sprinkler Drops to Heads mounted on Acoustic Ceiling Panels
1.3.5.7.HVAC Diffuser and Returns
1.3.5.8.Trim – Baseboard and Quarter Round (including painting)
1.3.5.9.Sink / Water Piping and Plumbing
1.3.5.10.Upper Cabinets / Under Cabinet Lighting
1.3.5.11.Lower Kick Plate
1.3.5.12.Knobs / Handles / etc.
1.3.5.13.Note: framing has been completed
1.3.6 Corridor
1.3.6.1.Drywall / Framing / Tape & Spackle
1.3.6.2.Painting – Entire Room & Trim
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1.3.6.3.Electrical
Work has begun, but switches need to be completed
1.3.6.4.Ceiling
Installation of ceiling grid and tiles
Installation of 2x2 Acoustic Panels
Installation of 4 ea. 2x2 LED Ceiling Lights & Applicable Wiring
1.3.6.5.2 ea. Fire Sprinkler Drops to Heads mounted on Acoustic Ceiling Panels
1.3.6.6.HVAC Diffuser and Returns
1.3.6.7.Trim – Baseboard and Quarter Round (including painting)
1.3.6.8.Water Fountain / Bottle Filter
Plumbing, Electrical, and water fountain/bottle filler installation
required.
1.3.6.9.Fire Alarm Strobe and Horn above Water Fountain
1.4 CONTACT INFORMATION – LIFE SAFETY
1.4.1 Vector Security (Monitoring and Pull Boxes)
Wes Young
321-254-8877
1.4.2 Coleman Fire & Safety (Fire Sprinklers)
John Coleman
321-914-0861
1.5 PERMITTING
The contractor shall be responsible for permit application and all associated fees for all required
permits from the State of Florida, the City of Sebastian, and Indian River County.
1.6 CONTRACTOR MINIMUM QUALIFICATIONS
1.6.1 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.
1.6.2 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.
1.6.3 Contractor shall be licensed by the state of Florida as a general contractor or registered
building contractor. The contractor must provide a copy of their license with their bid
submittal; and
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1.6.4 Contractor shall be registered with the City of Sebastian Building Department before
beginning work; and
1.6.5 Contractor must have a minimum of three (3) years’ experience performing building
construction or renovations for government or commercial clients; and
1.6.6 Contractor must meet insurance and bonding requirements applicable to perform the
services; and
1.6.7 Bidders will be evaluated with respect to having successfully completed projects of a
similar size, nature, and timeframe; and
1.6.8 If the bidder's business is located in Sebastian, FL, or Indian River County, they should
provide a copy of their business tax receipt.
1.7 ELECTRONIC BID SECURITY
1.7.1 The bidder shall submit an electronic bid surety, and the surety shall be made payable to
the City of Sebastian in an amount of not less than five percent (5%) of the total bid
price and in the form of a certified or cashier's check or a bid bond issued by a licensed
Surety. A company with a registered agent in Florida shall issue the Bid Security.
Personal or business checks are not acceptable.
1.7.2 The bid security of the successful bidder will be retained until such bidder has executed
the agreement, when it will be returned. If the successful bidder fails to execute and
deliver the agreement within fourteen (14) days of the Notice of Award, the City will
annul the Notice of Award, and the bid security of that bidder will be forfeited.
1.8 OTHER
The contractor will appoint one of their employees as the key contact for approval by the City’s
Project Manager. The city believes 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 for any reason whatsoever except those directly attributable to the City’s errors or
omissions.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1.Invitation to Bid (”ITB”):This solicitation document, including any and all addenda.
2.1.2.Bid: Submission in response to this ITB.
2.1.3.Bidder: Contractor submitting a response to this ITB, “pre-award”.
2.1.4.City: Refers to the City of Sebastian.
2.1.5.Contract or Agreement:Invitation to Bid, all addenda issued thereto, all affidavits, the
signed agreement, and all related documents comprising the totality of the agreement
between the City and the Contractor.
2.1.6.Contractor:The selected bidder is 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 fulfill 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 as
an addendum issued by procurement.
2.5.2.All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to
monitor VendorLink for solicitation opportunities and updates.
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2.5.3.It is the sole responsibility of the Contractor to ensure that their response is submitted
through VendorLink no later than the time and date specified in the solicitation or
subsequent addenda. The Contractor is responsible for allowing adequate time to upload
their submittal on VendorLink. If technical difficulties arise during the submission of the
solicitation response, it is the Contractor’s responsibility to contact VendorLink technical
support at support@evendorlink.com. The City shall not be responsible for delays caused
by any occurrence.Submittals sent by mail, facsimile, electronic mail, telephone, or
any other means not specified herein will not be accepted. Acceptable file formats for
upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or ZIP file
formats and printing must be enabled on all files submitted.
2.6 EXECUTION OF BID SUBMITTAL
Each bid submittal must include the signature of an officer or employee with the 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 bid opening date, title, and 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 cause 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 always be open for personal inspection by any person. Information and materials
received by the City in connection with all bidders’ responses shall be deemed 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.
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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
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.9 NON-COLLUSION
By submitting a bid, the bidder certifies that all information contained in the bid is truthful to the
best of their knowledge and belief. Bidder further certifies, under oath, that this bid is made
without any colluded, conspired, connived, or agreed, directly or indirectly, with any other firm,
person, or corporation responding to this solicitation for the same product or service. The bidder
further certifies that the bidder has not divulged, discussed, or compared this bid with other bids
and has not colluded with any other bidder or parties to the bid. Any violation of this provision
will result in the cancellation and/or return of the bidder’s materials (as applicable) and the
removal of the bid from the list(s).
2.10 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All
bidders shall disclose within their bid to the City the name of any officer, director, or agent who is
also an employee of the City. Furthermore, all bidders must disclose the name of any City
employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm
or any of its branches. Please submit to the City all information on any potential conflict of interest
related to providing the goods or services requested in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal
considerations may adversely affect, or have the appearance of adversely affecting, an employee’s
professional judgment in exercising any City duty or responsibility in administration,
management, instruction, research, or other professional activities.
Should the successful bidder permanently or temporarily hire any City employee or Council
member who is, or has been, directly involved with the bidder before or during the performance of
the resulting contract, the Agreement shall be subject to immediate termination by the City.
2.11 PROTEST PROCEDURE
Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms,
conditions, or specifications outlined in this bid or who is adversely affected by a decision of the
City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours
after the solicitation document is posted or after the notice of decision is posted, respectively,
excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later
than 10 days after the Notice of Intent to Protest, excluding Saturdays, Sundays, and state
holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or
money order of one percent (1%) of the total estimated contract value. The Notice of Intent to
Protest and formal written protest shall be filed at the following address: Procurement/Contracts
Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with
particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to
Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within
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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 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 must be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may affect their work in any manner. Failure on the Contractor's part to be aware
of any law, ordinance, rule or regulation will not 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 Contractor's sole responsibility.
2.14 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is and shall perform all services and activities under this Agreement as an
independent contractor and not an employee, agent, or servant of the City. All persons engaged in
any of the work or services performed under this agreement shall, at all times and in all places, be
subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise
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control over the means and manner in which it and its employees perform the work. 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 has no 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. In its absolute discretion, the City 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. Contact information
must be provided if the point of contact differs between regular work hours, after-hours, weekends,
and holidays. The contractor shall ensure that all personnel assigned to work on this project on
their behalf must be dressed appropriately and clean at all times. Any person who is present on the
job site on behalf of the contractor must provide and display proper identification on their clothing
at all times. The contractor must also provide the procurement division with 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 contractor's consent and agreement, other governmental agencies, political subdivisions
within the state of Florida, or any other public entity may make purchases under this bid. 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
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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.
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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
As a holder of a current Consumer’s Certificate of Exemption, the City 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 the Contractor will install), inspection, installation, and testing of
any materials purchased by the City, and for the management and administration of any warranty
claims pertaining to such materials and equipment. Furthermore, furnished and installed materials
directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price
(GMP). The contractor shall provide a bid that includes all project costs.
2.24 PAYMENT
The City will only pay the dollar amounts 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 delay processing invoices for payment. The purchase order number must appear
on invoices, bills of lading, packages, cases, delivery lists, and correspondence.
2.25 PRICE ADJUSTMENTS
2.25.1.In the event of unforeseen circumstances that directly impact the goods/services provided
under this bid, the City of Sebastian will consider a price adjustment request. Upon
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receipt of the Contractor’s written request for a price adjustment, the City may allow an
escalation equal to the Southeaster Consumer Price Index as of May 1st of that current
year, not to exceed 3% of that current year’s annual contract price.
2.25.2.The Contractor shall submit the price request to the Procurement Division thirty (30)
calendar days before the requested effective increase date. 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 City's obligations under this agreement are subject to the availability of funds lawfully
appropriated for its purpose by the State of Florida and the City of Sebastian City Council.
2.27 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identify any and all subcontractors and/or suppliers that will be used in
the performance of the proposed contract and to clearly identify in their submission the names,
portions, and percentages of work to be performed by their subcontractors or suppliers. The
contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers.
Nothing in the bid and contract documents creates any contractual relationship between
subcontractors or suppliers and the City of Sebastian. The 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.
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 against those protected by state and federal law. Through the course of providing
services to the City, contractors shall affirmatively comply with all applicable provisions of Title
VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and the Florida Civil
Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any
person who believes their rights have been violated should report such discrimination to the City.
2.31 AUDIT AND INSPECTION
The City or its 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
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terms, conditions, and specifications on all matters, rights, duties, and obligations established by
this bid. Documents or records in any form shall be open to the city’s representative and may
include but are not limited to all correspondence, ordering, payment, inspection, and receiving
records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the
City and the contractor.
2.32 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend, and hold harmless the City and its
officers and employees from all claims, demands, liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons
employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement;
regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross
negligence or willful, wanton, or intentional misconduct of the indemnitee or its officers, directors,
agents, or employees. Upon request of the City, the contractor or its subcontractor(s) shall, at no
cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for
any loss, damage, or liability specified above. The contractor or its subcontractor(s) shall pay any
cost and reasonable attorneys’ fees that the City may incur in connection with any such claim or
suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as
the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other
sovereign or governmental immunity. This provision shall survive the termination of this bid.
2.33 CONTRACTS AND AMENDMENTS
The contents of this bid and all provisions of the contractor’s submittal shall be considered an
agreement and become legally binding. Any changes to the provisions hereinafter award must be
in writing and signed by both Parties.
2.34 SCRUTINIZED VENDOR CERTIFICATION
Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods
and/or services to the City, that it:
2.34.1.Does not participate in a boycott of Israel; and
2.34.2.Is not on the Scrutinized Companies that Boycott Israel List; and
2.34.3.Is not on the Scrutinized Companies with Activities in Sudan List; and
2.34.4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.34.5.Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. In writing, the City
of Sebastian shall provide notice 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 City determines, using credible information available to the public, that the bidder has
submitted a false certification, this contract may be terminated. 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.
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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 (if the company is located in Sebastian,
FL or Indian River County, FL) and 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, they 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.
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 Contractor's name on the cover and
shall be clearly titled “Redacted Copy.” Next to each redaction, the contractor must also include
the statutory basis for the exemption. The contractor shall be responsible for defending its
determination that the redacted portions of its response are confidential, trade secret, or otherwise
not subject to disclosure. Further, the contractor shall protect, defend, and indemnify the City for
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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 all
the 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 its similar size and quantity, the contractor is understood to be providing the City with
the same or better pricing than other governmental agencies. If the City identifies better pricing for
the same item during the term of this agreement, the Contractor agrees to offer the City the
reduced price.
2.39 LIQUIDATED DAMAGES
The contractor agrees to use liquidated damages if the contractor fails to comply with the
provisions herein. The Contractor hereby agrees, as part of the 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
When the contractor is in default of the Agreement, or any material provision thereof, or fails to
remedy any deficiency in performance, the City may procure the necessary supplies or services
from an alternative source and hold the contractor financially responsible for any excess costs
incurred. The difference between the Bid price of the product or service and the actual price paid
may be deducted from any current or future obligations owed to the contractor as liquidated
damages.
2.40 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty, requirement, or
obligation under this agreement that is due to any of the following causes, to the extent beyond its
reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of
God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities,
changes in laws or regulations strikes, or other labor disputes, or because of any other matter or
condition beyond the control of either party and which cannot be overcome by reasonable
diligence and without unusual expense.
2.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory performance
during the term of this bid. The report may become an important part of the contractor’s history.
The report and process will assist the City in determining whether there is a continuing pattern of
problems that may need to be addressed through termination of contract and/or suspension of the
contractor from future bidding.
2.42 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding
Executive Order 11-02; Certification of Employment Status), in the event performance of this
Agreement is or will be funded using state or federal funds, the contractor must comply with the
Employment Eligibility Verification Program developed by the federal government to verify the
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
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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 likewise to
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, the 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 workplace, the bidder’s
policy of maintaining a drug-free working environment, 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 workplace, 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 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 maintain a drug-free workplace through
the Implementation of the drug-free workplace program.
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
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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 the 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 award to parties listed on the government-wide exclusions
in the System for Award Management (SAM).
2.46 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor
List.
2.47 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor by the
City under this contract. The contractor will not use such data for any purpose other than providing
services and support to the City under this bid, nor will any part of such data be sold, assigned,
leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of
performance of the Services) or commercially exploited by or on behalf of the contractor. The
contractor will not possess or assert any lien or other right against such data.
2.48 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with the City
and/or any other parties shall occur via secure means using current industry-approved encryption
standards.
2.49 DATA BREACH
The 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"), the Contractor will notify the City immediately and will comply with the
requirements of Section 501.171, F.S. assume responsibility for all costs associated with
complying with the breach notification and informing all such individuals by applicable law. The
Contractor agrees to indemnify, hold harmless, and defend the City and its trustees, officers, and
employees from and against any claims, damages, or other harm related to such Notification
Event.
2.50 COPYRIGHTS
The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service
marks, etc., on the items created as part of this contract. Consultant agrees that any work prepared
for the City that is eligible for copyright protection in the United States or elsewhere shall be work
made for hire as commissioned work. If any such work is deemed for any reason not to be work
made for hire, Consultant assigns all rights, title, and interest in the copyright in such work,
including 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
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without additional compensation to Consultant. Consultant agrees to waive all artist’s rights and
moral rights under Federal, State, or International law relating to the work developed or produced,
including without limitation any and all rights of identification of authorship and any and all rights
of approval, restriction, or limitation on use of subsequent modification.
2.51 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written notice, sent
by registered United States mail, with return receipt requested, addressed to the party for whom it
is intended, at the place last specified, and the place for giving of notice in compliance with the
provisions of this paragraph. For the present, the Contractor designates the address set forth on the
first page of this bid document as its place for receiving notice, and the City designates the
following address for such notice:
City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email:jessgraham@cityofsebastian.org.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
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.
3.2 NOTICE TO PROCEED
The contractor shall not commence any work nor enter a worksite until the City issues a written
Notice to Proceed (NTP) directing the awarded bidder to proceed with the Work, provided that
such notification shall be superseded by any emergency work that may be required in accordance
with the provisions included elsewhere in this ITB and resulting contract.
3.3 TIMELINE / SCHEDULE
This bid will result in a single agreement for the completion of the scope of work within sixty (60)
days for substantial completion and ninety (90) days for final completion from the date
indicated in the Notice to Proceed (NTP). The City reserves the right to extend these dates at its
sole discretion. The City seeks a contractor that will provide timely completion and adhere to the
agreed-upon schedule.
3.4 LENGTH OF CONTRACT AND RENEWAL
This ITB will result in a one-time agreement to complete the scope of work. The City seeks a
Contractor that will provide timely completion and adhere to the agreed-upon schedule.
3.5 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONTRACTOR
SUSPENSION LIST
Any entity of affiliate who has had its Certificate of Qualification suspended, revoked, denied, or
has further been determined by FDOT to be a non-responsible contractor shall not submit a bid or
perform work for the construction or repair of a public building. FDOT Contractor Suspension
List:https://www.fdot.gov/construction/legal/newsuspension.shtm
3.6 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
The bidder agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 26,
have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds. In this regard, all bidders shall take all necessary
and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum
opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of DOT-assisted contracts.
3.7 CHANGE ORDERS
3.7.1.Without invalidating the contract documents and without notice to the surety, the City of
Sebastian reserves the right to make increases, decreases, or other changes in the
character or quantity of the work under the bid and contract documents as may be
considered necessary or desirable to complete the work in a manner satisfactory to the
City of Sebastian. The City reserves the right to order changes that may result in
additions to or reductions from the amount, type, or value of the work shown in the bid or
contract documents, provided that they are within the general scope of the bid documents
or contract documents.
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3.7.2.All changes will be authorized only by a written change order utilizing the City’s
standard form and approved in advance of the change by the designated project
manager of the City. The contractor is required to provide the project manager with a
detailed cost breakdown of material costs, labor costs, labor rates by trade, and work
classification and overhead rates supporting the amount of the change, as well as an
explanation of the cost and any revision to the Project completion time. If the
contractor fails to notify the project manager of any schedule changes associated with
the proposed change, it will be deemed to be an acknowledgment by the contractor that
the proposed work will not have any scheduling consequences. Any net price increase
must also be approved and documented with a revised purchase order by the City.
3.8 PROJECT COORDINATION
3.8.1.A City project manager will oversee all assigned work to ensure adherence to schedules
and service quality throughout the project’s progress and submittal of final payment. The
project manager will periodically inspect the work being performed to ensure compliance
with the agreement's requirements. If the requirements are not satisfactorily being met,
the City shall require the contractor to correct any discrepancies, inconsistencies, or faults
immediately at no additional cost to the City. The contractor shall understand and agree
to the following:
3.8.1.1.Contractor shall be solely responsible and assume all liability for the
supervision and direction of all work and for all means, methods, techniques,
sequences, procedures, and coordination for all services under the agreement;
the contractor shall ensure enough personnel, materials, supplies, means of
transportation, tools and equipment are made available to perform the
services; and
3.8.1.2.Contractor shall at all times provide a responsible, knowledgeable, English-
speaking worksite supervisor or representative, who has decision-making
authority; and
3.8.1.3.Contractor shall be solely responsible to the City for the acts and omissions
of their subcontractors, agents, employees, and any other persons performing
any service under this agreement; and
3.8.1.4.The practices methods and materials utilized in the work within or adjacent
to any structure must conform to any applicable local, state and federal
regulations and codes.
3.9 SITE INSPECTION AND DUE DILLIGENCE
Bidders are obligated to carefully examine the project specification, as well as exercising due
diligence regarding any and all current and pre-existing conditions at the project site. Prior to
submitting their bid, the bidder shall be responsible for visiting the project site and becoming
familiar with any conditions which may affect the work to be performed. 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 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
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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.
3.10 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of the work for
this bid award. Upon receiving such notice, the contractor will take all reasonable steps to
minimize additional costs during the period of work stoppage. The City may subsequently either
cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the
price or terminate the work in accordance with the provisions of the bid terms and conditions.
3.11 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the City to purchase
these amounts. The City reserves the right to re-negotiate prices if, at any time during the term of
the agreement, the City purchases more than the estimated quantities in this bid.
3.12 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
negligence on the part of the awarded contractor, their employees, or other agents. The contractor
must show a reasonable attempt to avoid damage to the 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. If concerns are raised about excessively
wet conditions in grassy areas, the contractor must contact the project manager for
recommendations or workarounds before 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 project manager's satisfaction. Any public or private property
damaged by the contractor or a representative during the services shall be repaired or replaced to
the project manager's satisfaction at no cost to the City. The project shall not be considered
complete until incurred damages, if any, have been repaired and the work site is cleaned to the
project manager's satisfaction.
3.13 REMOVAL OF DEBRIS
The contractor shall keep the worksite free and clear of rubbish and debris at all times during the
performance of services. Any material or waste generated by the 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
debris, equipment, tools, and worksite hazards.
3.14 WARRANTY
The contractor shall warrant and guarantee all goods, labor, and services for a period of no less
than one (1) year from the date of acceptance and shall replace or repair all defects in material or
workmanship during the warranty period. The contractor shall bear all labor, product replacement,
mobilization, and transportation costs for warranted goods and services. Labor shall be warranted
for no less than one (1) 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 for 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
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repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive
instances of unsatisfactory service shall be cause for default. Warranty repairs must be
accomplished within the service response time of twenty-four (24) hours and shall be fully
completed to the satisfaction of the project manager and City within seven (7) working days.
3.15 PAYMENT/PERFORMANCE BONDS
3.15.1.A Payment and Performance Bond equal to one hundred percent (100%) of the
Agreement price shall be required on this project. The successful bidder shall, within
fourteen (14) calendar days after receiving the Notice of Award, submit a performance
and payment bond (“Bond”). The Bond will guarantee the completion of the Work
covered by the Contract Documents and 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 before the full Completion of the Contract, including the
option to renew years. (Sample Forms are provided for information purposes.)
3.15.2.The bond (s) shall be provided by a surety company authorized to do business in the state
of Florida and approved by the city manager and city attorney. In lieu of a bond(s), the
contractor may furnish as security in favor of the City a certified check, a cashier’s check,
or an irrevocable letter of credit.
3.15.3.The check or letter of credit shall be drawn on or issued by a bank authorized to do
business in the state of Florida. The form of the check letter or credit must be approved
by the city manager and city attorney.
3.15.4.Attorneys-in-fact who sign bonds must file a certified and effective dated copy of their
power of attorney with each bond. Surety companies executing bonds must appear on the
Treasury Department’s most current list (Circular 570 as amended), and be authorized to
transact business in Florida.
3.16 PERMITS AND REGULATIONS
All work covered by the technical codes will require a City of Sebastian Building Department
permit. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing
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.
3.17 OWNERSHIP OF THE WORK
3.17.1.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:
3.17.1.1.Final invoice with documentation.
3.17.1.2.The Contract Completion Form
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3.17.1.3.Acceptance from the City of Sebastian Building department
3.17.1.4.Warranty information to include effective dates, contact information, and
details on the scope of coverage.
3.17.1.5.Cut sheets and Operations and Maintenance manuals for any installed
equipment.
3.17.1.6.As-Built Drawings
3.17.1.7.Contractor internal work orders/employee timesheets upon request
3.17.1.8.Certified payroll, upon request
3.17.1.9.Any other documents as requested by the City
3.18 INSURANCE
3.18.1.The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with the exception of 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.
3.18.2.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.
3.18.3.The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
3.18.4.Minimum coverage with limits and provisions are as follows:
3.18.4.1.Commercial General Liability: The Successful Bidder shall provide
minimum limits of $1,000,000 for each occurrence and a $2,000,000
general aggregate combined single limit for bodily injury and property
damage liability. This shall include premises/operations, personal &
advertising injury, products, completed operations, contractual liability,
specifically confirming and ensuring the contract's indemnification and
hold harmless clause. This insurance policy shall be considered primary
to and not contributing to any insurance maintained by the City. 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.
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3.18.4.2.Business Automobile: Successful Bidder shall provide minimum liability
limits of $1,000,000.00 for each accident, a combined single limit for
bodily injury and property damage. This shall include coverage for:
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
3.18.4.3.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
Employer Liability. *This coverage is optional if the Successful
Bidder has a $2,000,000 General Aggregate under the Commercial
General Liability Policy. **
3.18.4.4.Workers' Compensation: The Successful Bidder shall provide and
maintain workers’ compensation insurance for all employees in the full
amount required by statute and in full compliance with the applicable
laws of the State of Florida (Florida Statutes Chapter 440). Exemption
certificates for this requirement are not acceptable. The policy(ies) must
include the Employer’s Liability with minimum limits of $1,000,000
for each accident and a waiver of subrogation.
3.18.4.5.Pollution Liability (when applicable): Successful Bidder shall provide
and maintain pollution liability Insurance covering the 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. The combined single limit per
occurrence shall not exceed $1,000,000 (one million dollars). The annual
aggregate limit shall not exceed $1,000,000 (one million dollars).
3.18.4.6.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.
3.18.5.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.
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3.18.6.The Contractor shall declare any self-insured retention or deductible amount in excess of
$5,000 for any policy. The City reserves the right to reject any self-insured retention or
deductible in excess of $5,000.
3.18.7.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
forth in this Agreement. The City may request a copy of the insurance policy according to
the nature of the project. The city reserves the right to accept or reject the insurance
carrier.
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SECTION 4
REQUIRED
FORMS
24-19-ITB
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Page 33 of 45
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:
09/04/2024
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE:Hangar D Build Out – South Offices
ITB NO.: #24-19-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.
The City reserves the right to reject any and all bids or to accept any bid or portion thereof deemed to be in the City's
best interest and waive any non-substantial irregularities.
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Page 34 of 45
CORPORATE RESOLUTION
I, ______________________________, Board President of ______________________________, a
corporation organized and existing under the laws of the State of _____________________, hereby
certify that at a meeting of the Board of Directors of the Corporation duly called and held on
_____________________, 202__, at which a quorum was present and acting throughout, the following
resolutions were adopted and are now in full force and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of this
corporation a bids and agreements, of which bids and agreements include a hold harmless and
indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized to act
under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal
of the corporation this _____ day of ____________, 2024.
Board President Signature: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by _____________________________, who is
personally known to me or who has produced _______________________________ as identification and who did
(did not) take an oath.
______________________(Signature of Notary Public)
______________________(Name of Notary – Typed, printed or stamped)
______________________(Notary Seal / Serial Number)
______________________(Date)
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Page 35 of 45
STATEMENT OF BIDDER’S QUALIFICATIONS
Project: Hangar D Build-Out – South Offices
ITB # 24-19-ITB
Name of Proposer: ____________________________________________________________
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 residential/commercial building repairs, remodeling, or
construction 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 that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this ITB
for the City of Sebastian.
Signature of Contractor’s Authorized Official Date
Name and Title of Contractor’s Authorized Official
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Page 36 of 45
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________, being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid.
(3)Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in
connection with the Agreement for which the attached bid has been submitted or to refrain from
proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought
by Agreement or collusion or communication or conference with any other bidder, firm or person
to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit
or cost element of the bid price or the bid price of any other bidder, or to secure through an
collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of
Sebastian, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________(Signature of Notary Public)
______________________(Name of Notary – Typed, printed or stamped)
______________________(Notary Seal / Serial Number)
______________________(Date)
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Page 37 of 45
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 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 the
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
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Page 38 of 45
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
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Page 39 of 45
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
(TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2)If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3)The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor certified or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §
3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
24-19-ITB
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Page 40 of 45
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
24-19-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 41 of 45
REFERENCE LIST
Company Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and
performance, within the last five (5) years.At least two (2) of these references should be government
entities with a minimum of 150 or more employees. 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:
24-19-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 42 of 45
SUBCONTRACTOR LIST
Company Name:
Solicitation Title:Hangar D Build Out –South Offices Solicitation #24-19-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. Check the box below if sub-contractors will not be used on this
agreement. The form must be submitted with your solicitation. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub-contractors who have previously
failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who
is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub-
contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed and
Percentage of Work to be
Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this agreement.
Authorized Signature
Printed Name & Title
Date
24-19-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 43 of 45
ADDENDA ACKNOWLEDGEMENT
Company Name:
Solicitation Title:Hangar D Build Out Solicitation #24-19-ITB
Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of
issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be
considered non-responsive. To confirm the number of addenda (if any), bidder may contact the Procurement
Division at (772) 388-8231.
ADDENDUM #DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name:Title:
Signature:Date:
24-19-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Page 44 of 45
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
Page 45 of 45
SECTION 5 – BID PRICE FORM
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., of the project per the ITB
documents.
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 ITB and agree to such. Bidder declares
that the individual signing this Bid Price Form has the legal capacity to sign on behalf of Bidder
and to contractually obligate Bidder.
Furthermore, Bidder hereby agrees to provide the services described in the ITB for the unit or
lump sum prices as noted below, which includes all supervision, labor, materials, equipment,
supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit,
applicable taxes and costs of all kinds necessary to complete the services.
Bidder’s Name:
Signature:Date:
Print Name:Title:
ITEM DESCRIPTION UNIT TOTAL BID PRICE
All-inclusive price to complete Hangar D Build
Out – South Offices per bid specifications and
plans included in Attachment A and Attachment.
LUMP SUM $