HomeMy WebLinkAboutA - 25-03-ITB - Working Waterfront Dry Line Replacement
INVITATION TO BID
25-03-ITB
WORKING WATERFRONT DRY LINE REPLACEMENT
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Proposers of all changes.
The Proposer is responsible for checking for addenda associated with this solicitation.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Thursday, October 17, 2024 -
PRE-BID MEETING Thursday, October 31, 2024 10:00 AM Local Time
QUESTIONS DUE DEADLINE: Tuesday, November 5, 2024 2:00 PM Local Time
BID DUE DATE: Thursday, November 14, 2024 2:00 PM Local Time
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, December 4, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All bids must be electronically submitted via VendorLink:
https://www.myvendorlink.com/.
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Per the Americans with Disabilities Act, any person who believes he or she has a disability requiring t he
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 particular requirements.
INVITATION TO BID
The City of Sebastian requests bids from qualified and well-established contractors to replace the dry line
at the City of Sebastian Working Waterfront. The contractor shall provide all necessary labor, materials,
equipment, transportation, supervision, etc.
ELECTRONIC BID BOND
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 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 by 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 by
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
A non-mandatory Pre-Bid Meeting and Site Visit will be held on Thursday, October 31, 2024, at 10:00
am local time at the City of Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958.
QUESTION DEADLINE
The deadline to submit questions concerning this ITB will be Tuesday, November 5, 2024, at 2:00 pm
local time. Any questions or communication regarding this ITB should be emailed only to the City’s
Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone
representing a bidder) regarding this ITB with the City Council or a City employee/representative other
than this point of contact is grounds for disqualification.
BID OPENING
All sealed bids are due by Thursday, November 14, 2024, by 2:00 pm local time.
The Bid Opening will be held virtually. Bids will be opened at 2:15 pm local time. Only the company
name of the submitters will be read aloud.
Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df
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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 or other 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 of.
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: Thursday, October 17, 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 8
SECTION 3 – FEDERAL AWARD PROVISIONS 22
SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 25
SECTION 5 – SPECIAL CONDITIONS 26
SECTION 6 – 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
• TRENCH SAFETY ACT 44
SECTION 7 – BID PRICE SHEET 45
BID BOND 46
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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.
At its sole discretion, the City reserves the right to reject all bids, waive all formalities, and disregard all
nonconforming, non-responsive, or incomplete bids. The City expressly reserves the absolute right to determine the
seriousness of any proposer’s failure to precisely conform to the requirements of the proposal document. Bidders
cannot utilize the City’s determination of the severity 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
• Scrutinized Companies Certification
• Reference List
• Subcontractor List (if applicable)
• Addenda Acknowledgement
• Trench Safety Act (if applicable)
• Bid Price Form
• Business Tax Receipt (if applicable)
• Proof of Professional Certification
• Bid Bond
• Project Schedule
_________________________________________ _________________________________________
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 SCOPE OF WORK
1.1.1 The City of Sebastian requests bids from qualified contractors to replace and bring the
Working Waterfront dry line to the current code (NFPA-24 and NFPA-25 as set forth in
the edition adopted by the State Fire Marshal). The dry line is near 1540 Indian River Drive,
Sebastian, FL 32958.
1.1.2 The current dry line is approximately 260’ with 3 standups. However, the replacement dry
line shall meet the length required by the code and include the required number of standups
per code. Contractors must adhere to the NFPA-24 and NFPA-25 as set forth in the edition
adopted by the State Fire Marshal.
1.1.3 Replacement Materials:
1.1.3.1. Materials above grade must be code-compliant and saltwater-resistant.
1.1.3.2. Hangers shall be 316 stainless steel or better with bolted connections.
1.1.3.3. CPVC piping and galvanized standpipes.
1.2 PERMITTING
1.2.1 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.
1.2.2 All work covered by the technical codes will require a permit from the City of Sebasti an
Building Department. 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.
1.3 CONTRACTOR MINIMUM QUALIFICATIONS
1.3.1 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.
1.3.2 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
equipment to perform the required services, and 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.
1.3.3 Contractor shall have one of the following certifications:
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1.3.3.1. The contractor shall be licensed by the State of Florida as a general contractor,
and a copy of their license shall be provided with their bid.
1.3.3.2. The contractor shall be licensed by the State of Florida as a plumbing
contractor, and a copy of their license shall be provided with their bid.
1.3.3.3. The contractor shall be licensed as a Contractor I or Contractor II per Fl statute
633.318, and a copy of their license shall be provided with their bid.
1.3.4 The contractor and subcontractors shall be registered with the City of Sebastian Building
Department prior to a permit being issued.
1.3.5 Contractor must have a minimum of three years’ experience performing dry line
replacement, fire sprinkler installation and maintenance or related scopes of complexity for
local and county government agencies, and the Contractor must have an office within the
state of Florida and maintain an office within the state of Florida which shall be kept for a
minimum of one (1) year; and
1.3.6 If the bidder's business is located in Sebastian, FL, or Indian River County, they must
provide a copy of their business tax receipt.
1.4 ELECTRONIC SECURITY
1.4.1 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 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.
1.5 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 further services performed
or for any reason whatsoever except those directly attributable to the City’s errors or omissions.
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Invitation to Bid (”ITB”): This solicitation document, including any 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 to it, 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 to release, award, and implement a replacement
agreement for the commodities or contractual services provided in this bid. Such extension shall be
based on the same prices, terms, and conditions this bid outlines.
2.3 CANCELLATION
The City reserves the right to cancel this Invitation to bid, in whole or 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 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 Contractor's sole responsibility to ensure that their response is submitted through
VendorLink by 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 other
means not specified herein will not be accepted. Acceptable file formats for upload are
Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), and 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.
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.
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2.9 NON-COLLUSION
By submitting a bid, the bidder certifies that all information is truthful to the best of their knowledge
and belief. Bidder further certifies, under oath, that this bid is made without colluded, conspired,
contrived, or agreed, directly or indirectly, with any other fir m, 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 return
of the bidder’s materials (as applicable) and the removal of the bid from the list(s).
2.10 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All bidders
shall disclose within their bid to the City the name of any officer, director, or agent who is also an
employee of the City. Furthermore, all bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its
branches. Please submit to the City all information on any potential conflict of interest related to the
provision of the goods or services requested in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal considerations
may adversely affect, or adversely affect, an employee’s professional judgment in exercising any
City duty or responsibility in administration, management, instruction, research, or other
professional activities.
Should the successful bidder permanently or temporarily hire any City employee or Council
member, who is, or has been, directly involved with the bidder prior to or during performance of the
resulting contract, the Agreement shall be subject to immediate termination by the City.
2.11 PROTEST PROCEDURE
Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms,
conditions, or specifications outlined in this bid or who is adversely affected by a decision of the
City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours
after the solicitation document is posted or after the notice of decision is posted, respectively,
excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later
than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state
holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or
money order in the amount of one percent (1%) of the total estimated contract value. The Notice of
Intent to Protest and formal written protest shall be filed at the following address:
Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest
shall state, with particularity, the facts and law upon which the protest is based. Failure to file a
Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or
money order within the time frames or in the manner described above shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.
2.11.1. Decision – If the protest is not resolved by mutual agreement, the Procurement/Contracts
Manager shall promptly investigate the basis of the protest and, after consultation with the
originating department, the City Attorney, or any other person or entity deemed necessary, the
Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be
furnished immediately to the protestor and any other party determined by the Procurement/Contracts
Manager to be directly affected by the decision. The decision shall: a) State the decision and the
basis for the decision, and b) Set forth the protestor’s right to administrative review.
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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 the protestor shall submit written notice of such appeal to the Procurement/Contracts
Manager within seven (7) calendar days of receipt of the decision to award Any appeal of the
decision by the City Manager shall be heard by the City Council or other appropriate administrative
or legal body.
2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the
Procurement/Contracts Manager shall not proceed further with the solicitation or award until all
administrative remedies have been exhausted or until the City Manager or City Council, as
appropriate, makes a determination on the record that the award of a contract is necessary to protect
substantial interests of the City.
2.12 NO-CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor,
or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or
any City employees except any designated Procurement Official or Officials who may be identified
in the procurement documents for purposes of receiving questions or clarifications or for receiving
bid protests. The No-Contact Period shall commence on the initial date of the advertisement for this
bid and continue through and include the date the City Council makes its determination to approve
or reject the final recommendations. Failure to meet any of these requirements may disqualify the
bidder from consideration.
2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may affect their work in any manner. Failure on the part of the Contractor to be
aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility
or liability arising from the contract award. The Contractor assures and certifies that they will
comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor
shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project,
such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire
suppression/extinguishers, job site first aid kits, and emergency communication. Any fin es levied
due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the
Contractor.
2.14 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is and shall be, in the performance of all Services and activities under this Agreement,
an independent contractor and not an employee, agent, or servant of the City. All persons engaged
in any of the work or services performed under this agreement shall , at all times and in all places,
be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise
control over the means and manner in which it and its employees perform the work, and in all
respects, the contractor’s relationship and the relationship of its employees to the City shall be that
of an independent contractor and not as employees or agents of the City. The contractor does not
have the power or authority to bind the City in any promise, agreement, or representation. Nothing
contained herein shall be deemed to create an association, partnership, joint venture, or relationship
of principal and agent or master and servant among the parties or any affiliate thereof or to provide
any party hereto with the right, power, or authority whether expressed or implied, to create any such
duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right
to reject, bar, or require the replacement of any employee, subcontractor, or agent of the contractor.
Such rejection shall not relieve the contractor of the obli gation to perform all work in compliance
with the bid.
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2.15 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this RFP to include the name, email
address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement
of an order, coordination of services, and to address other issues. If the point of contact differs
between regular work hours, after-hours, weekends, and holidays, this must be provided. The
contractor shall ensure that all personnel assigned to work on this project on their behalf must be
dressed appropriately and clean at all times. Any person who is present on the job site on behalf of
the contractor must provide and display proper identification on their clothing at all times. The
contractor must also provide the procurement division with any updates to the primary point of
contact. The City reserves the right to require a change in the contractor’s point of contact at the
City’s sole discretion.
2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the 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, cons piracy, or
material misrepresentation.
"Convicted" or "conviction," as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime or
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
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2.18.4. A person or corporation who knowingly entered into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months.
Bidder certifies that neither the entity proposing nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989. Where the bidder is unable to certify all of the statements above, the
bidder shall attach an explanation to this bid.
2.19 BANKRUPTCY / INSOLVENCY
At the time of bid submission, the contractor shall not be in the process of or engaged in any type of
proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership
proceedings. If the contractor is awarded a contract for six (6) months or longer and files for
bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel
the agreement, in which event all rights hereunder shall immediately cease and terminate.
2.20 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 per the provisions of the bid terms and conditions.
2.21 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this ITB can be terminated immediately for cause if a contractor is
found to have failed to perform services in a manner satisfactory to the City, or the City may
terminate without cause upon thirty (30) days’ written notice to the bidder. In the event of either
termination, the contractor shall be compensated for all services performed to the City’s satisfaction.
The City shall be the sole judge of non-performance.
2.22 RIGHT TO REJECT
The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept
the bid(s), which in its sole judgment best serves the interest of the City.
More than one bid from an individual, bidder, or association under the same or different names will
not be considered.
2.23 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless
otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225
Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which
indicates the basic information listed below.
a) Name of the business organization as specified on the Contract between City and Contractor
b) Date of invoice
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
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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 goods or services were delivered
Any invoice submitted as a result of the award of this bid shall be itemized and match the items on
the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for
multiple-line purchase orders. An invoice can only reference one purchase order number. Invoices
that do not reference valid purchase order numbers will be returned to the contractor for resolution
of the discrepancies and resubmitted.
It shall be understood that invoices shall not be authorized for payment until the work is inspected
by the respective City representative and payment is approved. The City will pay the contract price
minus any liquidated damages, back charges, and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for work completed by the
contractor during various phases of the work assignment in accordance with the unit pricing provided
in their bid submittal, subject to an agreement on whether or not to exceed the amount. Failure to
submit invoices in the prescribed manner will delay payment.
2.24 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.
2.25 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 costs to complete the project.
2.26 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 correctly invoiced. Payment for partial
shipments shall only be made if specified in the purchase order. Follow these instructions to ensure
timely processing of invoices for payment. The purchase order number must appear on invoices,
bills of lading, packages, cases, delivery lists, and correspondence.
2.27 PRICE ADJUSTMENTS
2.27.1. 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 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.
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2.27.2. 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.
2.27.3. Any purchase order issued before the approval of the price increase will not be modified.
2.27.4. The contractor shall only be entitled to an automatic increase in labor rates due to minimum
wage increases if providing a request for adjustment at least 30 days before the effective
change.
2.28 CHANGE ORDERS
2.28.1. Without invalidating the contract documents, and without notice to the surety, the City of
Sebastian reserves the right to make increases, decreases or other changes in the character
or quantity of the work under the bid and contract documents as may be considered
necessary or desirable to complete the work in a manner satisfactory to the City of
Sebastian. The City reserves the right to order changes which may result in additions to or
reductions from the amount, type or value of the work shown in the bid or contract
documents, provided that they are within the general scope of the bid documents or contract
documents.
2.28.2. All changes will be authorized only by a written change order utilizing the City’s standard
form and approved in advance of the change by the designated project manager of the City.
The contractor is required to provide the project manager with a detailed cost breakdown
of material costs, labor costs, labor rates by trade, and work classification and overhead
rates supporting the amount of the change, as well as an explanation of the cost and any
revision to the Project completion time. If the contractor fails to notify the project manager
of any schedule changes associated with the proposed change, it will be deemed to be an
acknowledgement by contractor that the proposed work will not have any scheduling
consequences. Any net increase to the pricing must also be approved and documented with
a revised purchase order by City.
2.29 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identify any subcontractors 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 of the contract.
2.30 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.
2.31 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.
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2.32 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.
2.33 AUDIT AND INSPECTION
The City or its representative reserves the right to inspect or audit the contractor's documents and
records about the products and services delivered under this bid. Such rights will be exercised with
notice to the contractor to determine compliance with and performance of the terms, conditions, and
specifications on all matters, rights, duties, and obligations this bid establishes. 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.
2.34 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend, and hold harmless the City and its
officers and employees from all claims, demands, liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons
employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement;
regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross
negligence or willful, wanton, or intentional misconduct of the indemnitee or its officers, directors,
agents, or employees. Upon request of the City, the contractor or its subcontractor(s) shall, at no cost
or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any
loss, damage, or liability specified above and the contractor or its subcontractor(s) shall pay any cost
and reasonable attorneys’ fees that 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 according to 768.28, et seq., Florida Statutes, or any other sovereign
or governmental immunity. This provision shall survive the termination of this bid.
2.35 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 awarded must be
in writing and signed by both Parties.
2.36 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:
2.36.1. Does not participate in a boycott of Israel; and
2.36.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.36.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
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2.36.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.36.5. Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian
shall provide notice, in writing, to the bidder of the City’s determination concerning the false
certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
bidder determines, using credible information available to the public, that a false certification has
been submitted by bidder, this contract may be terminated and a civil penalty equal to the greater of
$2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said
certification must also be submitted at the time of Contract renewal.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local
government entities from: 1) contracting with companies for goods or services in any amount if at
the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods
or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations
in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance
hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List;
engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in busine ss operations
in Cuba or Syria.
2.37 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt, as well as any licenses required by
Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. Contractors who are required
to be registered with the Florida Department of State, Division of Corporations or who are
incorporated within the state of Florida must furnish their Florida document number and a screenshot
of their “active” status. All registered contractors must have an active status to be eligible to do
business with the City. Contractors doing business under a fictitious name, on page 1, must submit
their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ
Company. If the contractor is not located in Florida, the contractor must provide their state’s
document number and a screenshot of their current, date-identified “active” status with their
submittal.
All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to
starting work. If the bidder is a State Certified General Contractor, or a State Registered General
Contractor the bidder must be registered with the City of Sebastian.
2.38 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
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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.
2.39 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in response to
this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119
Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously
provide the City with a separate redacted copy of its response. The redacted copy shall contain the
City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly
titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis
for the exemption. The contractor shall be responsible for defending its determination that the
redacted portions of its response are a confidential, trade secret, or otherwise not subject to
disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from
or relating to the contractor’s determination that the redacted portions of its response are
confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contract or fails
to submit a Redacted Copy with its response, the City is authorized to produce the entire documents,
data, or records submitted by the contractor in response to a public records request for these records.
2.40 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing the City the same
or better pricing than other governmental agencies. If during the term of this agreement, the City
identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price.
2.41 LIQUIDATED DAMAGES
The contractor agrees to use liquidated damages if the contractor fails to perform by 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.
2.42 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.
2.43 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
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may need to be addressed through termination of contract and/or suspension of the contractor from
future bidding.
2.44 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding
Executive Order 11-02; Certification of Employment Status), in the event performance of this
Agreement is or will be funded using state or federal funds, the contractor must comply with the
Employment Eligibility Verification Program developed by the federal government to verify the
eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is
incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland
Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new
employees hired during the term of the contract (3) utilize E-Verify to verify the employment
eligibility of all employees assigned to the contract; and (4) shall expressly require any
subcontractors performing work or providing services pursuant to the contract to likewise utilize E-
Verify to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term. Information on registration for and use of the E-Verify system can be obtained at
the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify.
2.45 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.
2.46 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, bidder certifies the following:
2.46.1. 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.
2.46.2. Employees are informed about the dangers of drug abuse in the work place, the bidder’s
policy of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug use violations.
2.46.3. Employees are notified that as a condition of working on the commodities or contractual
services being solicited, they will notify the employer of any conviction of, plea of guilty
or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of
the State of Florida or the United States, for a violation occurring in the work place, no
later than five (5) days after such conviction, and requires employees to sign copies of such
written statement to acknowledge their receipt.
2.46.4. The bidder/employer imposes a sanction, or requires the satisfactory participation in, a drug
abuse assistance or rehabilitation program, if such is available in the employee’s
community, by any employee who is so convicted.
2.46.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
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2.47 DEBARMENT AND SUSPENSION
2.47.1. bidder certifies to the best of its knowledge and belief that it and its principals:
2.47.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.47.3. Have not within a three-year period preceding this application been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
2.47.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
2.47.5. 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.
2.47.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.48 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.
2.49 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.
2.50 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with the City
and/or any other parties shall take place via secure means using current industry approved encryption
standards.
2.51 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in
Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification
Event"), Contractor will notify the City immediately and will comply with the requirements of
Section 501.171, F.S. assume responsibility for all costs associated with complying with the breach
notification and informing all such individuals by applicable law. The Contractor agrees to
indemnify, hold harmless and defend the City and its trustees, officers, and employees from and
against any claims, damages, or other harm related to such Notification Event.
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2.52 COPYRIGHTS
The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service
marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared
for the City which is eligible for copyright protection in the United States or elsewhere shall be work
made for hire as a commissioned work. If any such work is deemed for any reason not to be work
made for hire, Consultant assigns all right, title and interest in the copyright in such work, included
but not limited to copyrights in text, two-dimensional and three-dimensional representations or
animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance
reasonably requested by the City in the establishment, preservation and enforcement of its copyright
in such work, such assistance to be provided at the City’s expense but without additional
compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under
Federal, State or International law, relating to the work developed or produced, including without
limitation any and all rights of identification of authorship and any and all rights of approval,
restriction or limitation on use of subsequent modification.
2.53 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 - FEDERAL AWARD PROVISIONS
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (APPENDIX II TO 2 CFR PART 200)
All contracts made by a non-Federal entity under a Federal award must contain provisions covering the
following, as applicable. These provisions are required and apply under certain conditions when federal
funds are expended to make purchases from this solicitation by the City or for any contracts resulting from
this procurement process.
3.1 EQUAL EMPLOYMENT OPPORTUNITY (34 CFR 80.36(i)(3)): All vendors, contractors and
subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled “Equal
Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all construction
contracts awarded in excess of $10,000 by the City of Sebastian and their Contractors or sub-
grantees).
3.2 MINORITY BUSINESSES AND WOMEN’S BUSINESSES
As required by CFR Title 2, §200.321 (b)(6), Contractor must take the following affirmative steps
in the hiring of any subcontractors: i) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists. ii) Assuring that small and minority businesses, and
women's business enterprises are solicited whenever they are potential sources. iii) Dividing total
requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises. iv) Establishing
delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's enterprises; and v) Using the services and assistance, as
appropriate, of such organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce
3.3 DAVIS-BACON ACT (34 CFR 80.36(i)(5)): All vendors, contractors and subcontractors must
comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to construction contracts in excess of $2,000 awarded
by the district and sub grantees when required by Federal grant program legislation).
3.4 COPELAND “ANTI-KICKBACK “ACT” (34 CFR 80.36(i)(4)): All vendors, contractors and
subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and
sub-grants for construction or repair).
3.5 CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36(i)(6)): All
vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the district
and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the
employment of mechanics or laborers).
3.6 FEDERAL DRUG-FREE WORKPLACE: The Contractor agrees to comply with the drug-free
workplace requirements for federal contractors under 41 U.S.C.A. § 8102.
3.7 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE): All
contracts and subcontracts that result from this solicitation incorporate by reference the provisions
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of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and
effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and
child labor standards for full and part-time workers.
3.8 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the
Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the
recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or sub recipient
must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
3.9 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (34 CFR
80.36(i)(12)): All vendors, contractors and subcontractors must comply with all applicable
standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857
(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR part 15). (Applies to contract, subcontracts
and sub-grants of amounts in excess of $150,000).
3.10 ENERGY EFFICIENCY / CONSERVATION (42 U.S.C. 6201): The Contractor agrees to
comply with the mandatory standards and policies relating to energy efficiency contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(42U.S.C. 6201).
3.11 BYRD ANTI-LOBBYING AMENDMENT: Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Applicable to
contracts greater than or equal to $100,000).
3.12 PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322): A non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the time exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
3.13 DEBARMENT AND SUSPENSION: The Contractor certifies that it complies fully with the
Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary
exclusion. In accordance with 2 CFR part, 180 implements Executive Orders 12549 and 12689.
Furthermore, the Contractor certifies that neither it nor its principals are presently debarred,
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suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any federal department or agency.
3.14 REMEDIES FOR VIOLATION OR BREACH OF CONTRACT: Remedies for violation or
breach of contract are addressed under General Terms and Conditions, paragraph 2.21
3.15 TERMINATION FOR CAUSE AND CONVENIENCE: Termination for cause and for
convenience are addressed under General Terms and Conditions, paragraph 2.21.
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SECTION 4 - FEDERAL AWARD PROVISIONS - FEMA
CONTRACT PROVISIONS FOR NON‐FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (FEDERAL PROGRAM REQUIREMENTS ‐ FEMA)
In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the following
provisions are required by the Federal Emergency Management Agency (“FEMA”) when federal funds
are expended to make purchases from this solicitation by the City or for any contracts resulting from this
procurement process.
4.1 ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and subcontractors
shall give access to the City of Sebastian, the appropriate Federal agency, the Comptroller General
of the United States, or any of their duly authorized representative to any books, documents, papers,
and records of the vendor which is directly pertinent to this specific Bid for the purpose of making
audit, examination, excerpts, and transcriptions.
4.1.1. To the extent Contractor maintains information that is subject to a public record request, it
shall provide the public access to such records in accordance with, and subject to the
applicable statutory terms and fees. Failure to do so will be considered a material breach
of the original Agreement resulting in immediate termination with no penalty to City of
Sebastian, and Contractor will indemnify and hold the City of Sebastian harmless for any
and all damages and expenses suffered as a result of the material breach and contract
termination.
4.2 DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department of Homeland
Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA preapproval.
4.3 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS:
This is an acknowledgment that FEMA financial assistance will be used to fund the contract only.
The Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA
policies, procedures, and directives.
4.4 NO OBLIGATION BY FEDERAL GOVERNMENT: The Federal Government is not a party
to this contract and is not subject to any obligations or liabilities to the non‐Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
4.5 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS: The Contractor acknowledges the 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
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SECTION 5 - SPECIAL CONDITIONS
5.1 AWARD
Award shall be made to the lowest, responsive, responsible contractor(s). The City reserves the right
to make multiple awards in its best interest. The City reserves the right to reject any and/or all bids
and to waive any minor irregularity or technicality. Payment discounts will not be considered for
bid evaluation purposes.
5.2 NOTICE TO PROCEED
The contractor shall not commence any work, nor enter a worksite, until a written Notice to Proceed
(NTP) directing the awarded bidder to proceed with the Work has been issued by the City; provided
that such notification shall be superseded by any emergency work that may be required in
accordance with the provisions included elsewhere in this ITB and resulting contract.
5.3 TIMELINE / SCHEDULE
This bid will result in a single agreement to complete the scope of work. The contractor shall provide
a tentative replacement schedule with their bid. The timeline shall be based on the award date of
November 20, 2024.
5.4 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.
5.5 CITY OF SEBASTIAN LOCAL VENDOR PREFERENCE
5.5.1. Grant funds WILL partially or fully fund this project, so the City of Sebastian's Local
Vendor Preference does not apply.
5.6 NPDES REQUIREMENTS
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and
obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and
SWPPP Permits shall be included in the RFP Price. For further information on compliance with their
rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes
5.7 PROJECT COORDINATION
5.7.1. A City project manager will be assigned to oversee all assigned work to ensure adherence
to schedules and service quality throughout the project’s progression and submittal of final
payment. The project manager will periodically inspect the work being performed to ensure
compliance with the requirements of the agreement. If the requirements are not
satisfactorily being met, the City shall require the contractor to correct any discrepancies,
inconsistencies, or faults immediately at no additional cost to the City. The contractor shall
understand and agree to the following:
5.7.1.1. Contractor shall be solely responsible and assume all liability for the supervision,
direction of all work, and for all means, methods, techniques, sequences,
procedures, and coordination for all services under the agreement; contractor shall
ensure enough personnel, materials, supplies, means of transportation, tools and
equipment are made available to perform the services; and
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5.7.1.2. Contractor shall at all times provide a responsible, knowledgeable, English
speaking worksite supervisor or representative, who has decision making
authority; and
5.7.1.3. 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
5.7.1.4. 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.
5.8 SITE INSPECTION AND DUE DILIGENCE
Bidders are obligated to carefully examine the project specification, as well as exercise due diligence
regarding any and all current and pre-existing conditions at the project site. Before submitting their
bid, the bidder shall be responsible for visiting the project site during the mandatory pre-bid
meeting and site visit and familiarizing themselves with conditions that may affect the work.
Before 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 sole expense
of the contractor in a manner acceptable to the City. Failure to properly document such pre-existing
conditions and to submit said documentation as required may render the contractor liable to repair
any such damage at no expense to the City. No additional allowances shall be made due to the
bidder’s lack of knowledge of the project requirements and site conditions.
5.9 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian, the awarded contractor shall be responsible for
any damage to the City of Sebastian property, personal property or visitor property due to any type
of negligence on the part of the awarded contractor, their employees or other agents. The contractor
must show reasonable attempt to avoid damage to City or private property under all conditions. The
awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by
the awarded contractor, their employees or their agents. The contractor must not drive or park
equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions
on grassy areas, the contractor must contact the project manager for recommendations or
workarounds prior to commencing the work. Any damages, including damage to finished surfaces
and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned
to the satisfaction of the project manager. Any public or private property damaged by the contractor
or a representative during the services shall be repaired or replaced to the satisfaction of the project
manager at no cost to the City. The project shall not be considered complete until incurred damages,
if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager.
5.10 REMOVAL OF DEBRIS
Contractor shall at all times, during the performance of services, keep the worksite free and clear of
all rubbish and debris. Any material or waste generated by contractor or its employees, agents and
Subcontractors shall be removed and disposed of by the contractor at its expense, to the satisfaction
of the City. The contractor assumes all liability for accidents that may occur due to any debris,
equipment, tools, and worksite hazards.
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5.11 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 on all warranty repairs detailing the replaced
goods including dimensions and quantity. The contractor shall respond to all warranty requests
within twenty-four (24) hours of notification. Repeated failure to meet the established and repair
timeframes will be considered unsatisfactory under the terms of this agreement. Excessive instances
of unsatisfactory service shall be cause for default. Warranty repairs must be accom plished within
the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction
of the project manager and City within seven (7) working days.
5.12 OWNERSHIP OF THE WORK
5.12.1. The contractor is solely responsible for all work, until final completion of the work.
Contractor shall be liable for all damage, theft, maintenance, and safety until such time as
the City of Sebastian issues a notice of final completion of the work. Upon completion of
each job, the contractor shall submit the following information, as applicable:
5.12.1.1. Final invoice with documentation.
5.12.1.2. The Contract Completion Form
5.12.1.3. Acceptance from City of Sebastian Building department
5.12.1.4. Warranty information to include effective dates, contact information, and
details on the scope of coverage.
5.12.1.5. Cut sheets and Operations and Maintenance manuals for any installed
equipment.
5.12.1.6. As-Built Drawings
5.12.1.7. Contractor internal work orders / employee timesheets upon request
5.12.1.8. Certified payroll, upon request
5.12.1.9. Any other documents as requested by the City
5.13 INSURANCE
5.13.1. The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with exception to Workers Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. A
renewal certificate shall be issued thirty 30 days before said expiration date. The certificate
shall provide a thirty 30-day notification clause in the event of cancellation or modification
to the policy.
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5.13.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as
a minimum mandatory condition precedent to this work, procure and maintain insurance
of the types and to the limits specified below, at their own expense and without cost to the
City, until final acceptance by the City of all products or services covered by the purchase
order or contract.
5.13.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
5.13.4. Minimum coverage with limits and provisions are as follows:
5.13.4.1. Commercial General Liability: The Successful Bidder shall provide
Commercial General Liability insurance. This shall include
premises/operations, personal & advertising injury, products, completed
operations, contractual liability, specifically confirming and ensuring the
indemnification and hold harmless clause of the contract. This insurance
policy shall be considered primary to and not contributing to any insurance
the City maintains. It shall name the City as an additional insured with a
waiver of subrogation noted on the Certificate of Liability. The policy of
insurance shall be written on an “occurrence” form.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Per Occurrence: $1,000,000
• General Aggregate: $2,000,000
5.13.4.2. Business Automobile: The Successful Bidder shall provide Business
Coverage Automobile Insurance, which shall protect the contractor
from claims for damage for personal injury, bodily injury including
accidental death, as well as claims for property damages which may arise
from operations under this contract whether such operations are by himself
or by anyone directly or indirectly employed by him. Coverage shall
include owned, non-owned, hired and rented vehicles.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Bodily Injury and Property Damage:
o Combined Single Limit (each Accident): $1,000,000.00
5.13.4.3. Workers' Compensation: The Successful Bidder shall provide and
maintain workers’ compensation insurance for all employees in the full
amount required by statute and full compliance with the applicable laws
of the State of Florida (Florida Statutes Chapter 440). Exemption
certificates to this requirement are not acceptable.
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The Contractor shall obtain insurance which shall at least meet the
following minimum limits:
• State Worker’s Compensation: Statutory
• Employer’s Liability: $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
5.13.4.4. Umbrella/ Excess Liability: Successful Bidder shall provide
umbrella/excess coverage with limits of no less than $1,000,000.00 excess
of Commercial General Liability, Automobile Liability, and Employer
liability. *This coverage is optional if the Successful Bidder has a
$2,000,000 General Aggregate under the Commercial General
Liability Policy. **
5.13.4.5. Pollution Liability: 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 the Contractor, all arising
out of the Goods delivered or Services (including transportation risk)
performed under this Contract is required.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Bodily Injury and Property Damage
o Per Occurrence: $1,000,000.00
o Environmental/Pollution Liability Aggregate:
$2,000,000.00
5.13.4.6. Professional Liability Insurance or Errors and Omissions Insurance (when
applicable): Successful Firm shall provide professional liability insurance,
or Errors and Omissions Insurance, Any deductible is not to exceed
$5,000.00 for each claim. The consultant represents it is financially
responsible for the deductible amount.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Each Claim: $1,000,000.00
• Annual Aggregate: 2,000,000.00
5.13.5. 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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5.13.6. The Contractor shall declare any self-insured retention or deductible amount over $5,000
for any policy. The City reserves the right to reject any self-insured retention or deductible
over $5,000.
5.13.7. 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. City reserves the right to accept or reject the insurance carrier.
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SECTION 6
REQUIRED
FORMS
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CONTACT INFORMATION SHEET
DUE DATE: November 14, 2024
Bids due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check the Addenda for any revised opening dates before
submitting your bid. Bid(s) received after the date and
time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Working Waterfront Dry Line Replacement
ITB NO.: #25-03-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 the 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 named
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 p ropose 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 for a period of ninety
(90) days to allow the City adequate time to evaluate the bid.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each bid submittal must include the signature of an officer or employee with the authority to bind the
contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be
provided. If a corporate resolution is not provided for the bid submittal, the bid submittal shall be marked non-
responsive. Failure to complete and submit this form with your bid package may result in the rejection of your
bid
The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best
interest and waive any non-substantial irregularities.
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CORPORATE RESOLUTION
I, ______________________________, Board President of ______________________________, a
corporation organized and existing under the laws of the State of _____________________, hereby certify
that at a meeting of the Board of Directors of the Corporation duly called and held on
_____________________, 202__, at which a quorum was present and acting throughout, the following
resolutions were adopted and are now in full force and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of this
corporation a bids and agreements, of which bids and agreements include a hold harmless and
indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized to act
under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal
of the corporation this _____ day of ____________, 2024.
Board President Signature: __________________________________________________
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presen ce or ___ online notarization,
this _______ day of _______________, _______ (year) by _____________________________, who is personally
known to me or who has produced _______________________________ as identification and who did (did not) take
an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
Failure to complete and submit this form with your bid package may result in the rejection of your bid
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STATEMENT OF BIDDER’S QUALIFICATIONS
PROJECT: Working Waterfront Dry Line Replacement
SOLICITATION #: 25-03-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 fuel supply and delivery 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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in
connection with the Agreement for which the attached bid has been submitted or to refrain from
proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought
by Agreement or collusion or communication or conference with any other bidder, firm or person
to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or
cost element of the bid price or the bid price of any other bidder, or to secure through an
collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of
Sebastian, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
Failure to complete and submit this form with your bid package may result in the rejection of your bid
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DRUG FREE WORKPLACE PROGRAM
In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with
drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal
with respect to price, quality, and service for the procurement of commodities or contractual services, a bid
or reply received from a business that certifies that it has implemented a drug-free workplace program shall
be given preference in the award process. Established procedures for processing tie bids will be followed
if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace, not later than five (5)
days after such conviction.
5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who
is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign such statement, I certify that the firm complies fully with the above
requirements and indicate the program was implemented.
Authorized Signature
Company
Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000 . As
such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR
§ 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is
later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR
Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and
2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
_____________________________________ _____________________________________
Authorized Signature Address
_____________________________________ _____________________________________
Printed Name & Title City, State, Zip Code
_____________________________________ _____________________________________
Company Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
(TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor ______________________________ certified or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 40 of 46
CERTIFICATION REGARDING PROHIBITION AGAINST
CONTRACTING WITH SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-
owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for
the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby
certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -owned
subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the
purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the
Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute.
I understand and agree that the County may immediately terminate any contract resulting from this
solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as
defined above by Florida law) are found to have submitted a false certification or any of the following occur
with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that
Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one
million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have
been engaged in business operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 41 of 46
REFERENCE LIST
Bidder’s Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and performance,
within the last five (5) years. The City will conduct Reference Checks for the provided references. If the
contact information is incorrect or the reference does not respond, the proposer will lose points awarded for
this criterion. Use additional sheets as necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 42 of 46
SUBCONTRACTOR LIST
Bidder’s Name: Phone #:
Solicitation Title: Working Waterfront Dry Line
Replacement Solicitation #: 25-03-ITB
NOTE: List all sub-contractors and the percentages of work to be performed on this project, If sub-
contractors will not be used on this agreement, check the box below. Form must be submitted with your
bid. 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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 43 of 46
ADDENDA ACKNOWLEDGEMENT
Bidder’s Name: Phone #:
Solicitation Title: Working Waterfront Dry Line
Replacement Solicitation #: 25-03-ITB
Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding
of the issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause
their bid to be considered non-responsive. To confirm the number of addenda (if any), the bidder may
contact the Procurement Division at (772) 388-8231.
ADDENDUM # DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 44 of 46
TRENCH SAFETY ACT (IF APPLICABLE FOR THIS PROJECT)
SECTIONS 553.60-553.64, FLORIDA STATUTES
NOTICE TO BIDDERS:
In order to comply with the Trench Safety Act, the Bidder is required to specify the costs of compliance.
These costs are not a separate pay item. The Bidder must also reference the Trench Safety Standards
which will be in effect during construction, and assure in writing that the Bidder will comply with the
applicable Trench Safety Standards.
Trench Safety
Measure
Units of
Measure Quantity Unit Cost Extended Cost
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
TOTAL $____________
Company Name Authorized Representative
Authorized Representative Signature Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-03-ITB
Page 45 of 46
SECTION 7 – 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 Name:
Signature: Date:
ITEM DESCRIPTION UNIT TOTAL BID PRICE
All-inclusive price to replace and bring the Working
Waterfront Dry Line to the current code (NFPA-24
and NFPA-25 as set forth in the edition adopted by
the State Fire Marshal).
LUMP SUM $
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Working Waterfront Dry Line Replacement 25-03-ITB
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called
Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and
existing under the Laws of the State of _________________________ with its principal offices in the City
of _________________________ and authorized to do business in the State of Florida, in the full and just
sums of ____________ Dollars ($____________) good and lawful money of the United States of America,
to be paid upon demand of the City of Sebastian, Florida to which payment will and truly be made, we bind
ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firm these presents.
WHEREAS, the Principal has submitted to the City of Sebastian, Florida, a bid for the Working Waterfront
Dry Line Replacement, 25-03-ITB, and
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified cashier’s
check or otherwise required to accompany this Bid, and
WHEREAS, the City requires a financial statement of the Surety Company to be included as a part, of
this contract and the Surety Company must appear on the Treasury Department’s most current list
(Circular 570 as amended).
NOW, THEREFORE: the conditions of this obligation are such that if the Bid is accepted, the Principal
shall, within fifteen (15) days after the receipt of notification of the acceptance thereof, execute a contract
in accordance with the Bid and upon the terms and condition of such Bid, in the form and manner required
by the City, and execute a sufficient and satisfactory Public Construction Bond or separate Payment and
Performance Bonds payable to the City, in an amount not less than the total contract price, as indicated by
the approximate quantities shown in the Bid, in form and with security satisfactory to the City, then this
obligation to be void; otherwise to be and remain in full force and virtue in law; and the surety shall, upon
the failure of the Principal to comply with any or all of the foregoing requirements within the time specified
above, immediately pay to the aforesaid City upon demand, the amount hereof in good and lawful money
of the United States of America, not as a penalty, but as liquidated damages.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and
sealed this ______ day of ___________________, 202___.
ATTEST: PRINCIPAL:
_____________________________________ _____________________________________
Name and Title Name and Title
ATTEST: SURETY:
_____________________________________ _____________________________________
Name and Title Name and Title
Failure to complete and submit this form with your bid package may result in the rejection of your bid