HomeMy WebLinkAboutA - 25-02-ITB - Earthwork Services
INVITATION TO BID
25-02-ITB
EARTHWORK SERVICES (REBID)
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: Monday, October 14, 2024 -
PRE-BID MEETING N/A -
QUESTIONS DUE DEADLINE: Tuesday, October 22, 2024 2:00 PM Local Time
BID DUE DATE: Tuesday, October 29, 2024 2:00 PM Local Time
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, November 20, 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 the
use of a special accommodation at the pre-bid conference or bid opening should contact the City of
Sebastian at 772-388-8231 at least five (5) days before the event to advise of his/her particular requirements.
INVITATION TO BID
The purpose of this bid is to select qualified contractors to provide all labor, materials, equipment, and
supervision necessary to perform Excavation, Filling, & Grading Services, including but not limited to the
following work at various facilities, citywide per specifications:
1. Clearing and grubbing of roots, stumps, and other materials.
2. Fill and grade for grassed areas.
3. Preparing sub-grades for slabs-on-grade, foundations, walks, and pavements.
4. Excavating, backfilling, and compaction for utility systems.
5. Excavating, backfilling, and compaction for buildings and structures.
6. Perform rough and finish grading utilizing laser-guided equipment to achieve required elevations.
The bidding entity shall do all the work. When the services of a sub-contractor(s) are required due to time
constraints and/or workload generated by the City, prior approval of that subcontractor must be obtained
from the Public Works Department. The successful bidder shall not subcontract to others for work or
services performed during the term of this contract unless prior, written authorization from the Public
Works Department has been obtained. If the use of a subcontractor is approved, it shall be the sole
responsibility of the Contractor to regulate and guarantee work. The contractor is also responsible for
paying subcontractors’ expenses at no cost to the City.
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.
The Contractor is responsible for ensuring 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 pre-bid conference will not be held. It shall be the full responsibility of the BIDDER to visit and inspect
the site before submission of a bid. No variation in price or condition shall be permitted based on a claim
of ignorance. Submission of a bid is evidence that the BIDDER has familiarized himself with the nature
and extent of the work and any conditions that may, in any manner, affect the work to be done and the
labor, materials, and equipment required.
QUESTION DEADLINE
The deadline to submit questions concerning this ITB will be Tuesday, October 22, 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
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representing a bidder) regarding this ITB with the City Council or a City employee/representative other
than this point of contact is grounds for disqualification.
BID OPENING
All sealed bids are due by Tuesday, October 29, 2024, at 2:00 pm local time.
The Bid Opening will be held virtually. Bids will be opened at 2:15P.M local time. The submitters'
company name and the lump sum bid amount will be read aloud.
Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
All bids submitted to the city become public 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.
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 18
SECTION 3 – FEDERAL AWARD PROVISIONS 32
SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 35
SECTION 5 – SPECIAL CONDITIONS 36
SECTION 6 – REQUIRED FORMS 44
• CONTACT INFORMATION SHEET 45
• CORPORATE RESOLUTION 46
• STATEMENT OF BIDDER’S QUALIFICATIONS 47
• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 48
• DRUG-FREE WORKPLACE PROGRAM 49
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 50
• CERTIFICATION REGARDING LOBBYING 51
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 52
• REFERENCE LIST 53
• SUBCONTRACTOR LIST 54
• ADDENDA ACKNOWLEDGEMENT 55
• LOCAL VENDOR PREFERENCE AFFIDAVIT (If applicable) 56
• TRENCH SAFETY ACT (IF APPLICABLE) 57
SECTION 7 – ELECTRONIC PRICE SHEET INSTRUCTION 58
ATTACHMENT A – ELECTRONIC PRICE SHEET
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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
• Addenda Acknowledgement
• Local Preference Affidavit (if applicable))
• Trench Safety Act (if applicable)
• Bid Price Form
• Business Tax Receipt (if applicable)
_________________________________________ _________________________________________
Authorized Signature Company
_________________________________________ _________________________________________
Printed Name & Title Date
Failure to complete and submit the forms listed on the checklist may result in the rejection of your bid.
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SECTION 1 – SCOPE OF WORK
1.1 SCOPE OF WORK
1.1.1 The selected bidder (hereinafter referred to as the contractor) shall provide services as
requested by the City. The contractor shall supply all labor, supervisors, equipment,
machinery, tools, materials, transportation, and other facilities and services n ecessary to
complete all work specified herein. The City will not pay for the rental or purchase of
equipment needed by the contractor, nor will it pay for mobilization fees of any kind. If the
City supplies parts and materials for a specific project, the Contractor will be responsible
for obtaining the parts or materials from the Public Works Compound (505 Airport Drive
W, Sebastian, FL 32958 or another designated place.
1.1.2 Material Disposal: The contractor is responsible for disposing of all excess material from
earthwork services provided under this bid. Materials shall be disposed of off-site at the
contractor's expense.
1.2 PREPARATION
1.2.1 Site Preparation:
1.2.1.1. Before commencement of work, the Contractor shall become thoroughly
familiar with the site, the site conditions, and all portions of the work specified
in this section.
1.2.1.2. The contractor shall locate existing underground utilities in the designated
work area. If identified utilities are to remain in place during work, the
Contractor shall provide adequate means of protection for utilities that pass
through the work area. Should piping be encountered during excavation, the
Contractor shall contact the Project Manager or designee for the procedure.
1.2.1.3. Contractor shall protect existing structures, utilities, sidewalks, pavements,
and other facilities from damage caused by equipment movement, settlement,
lateral movement, undermining washout, and other hazards created by
earthwork activities.
1.2.1.4. Contractor shall provide erosion-control measures to prevent erosion or
displacement of soils and discharge of soil-bearing water runoff or airborne
dust adjacent to properties and walkways.
1.2.2 Locations and Elevations:
1.2.2.1. Contractor shall be responsible for surveys, measurements, and layouts
required for the proper execution of work to be performed.
1.2.2.2. The contractor shall lay out lines and grades from existing survey information
or as shown on plans and drawings provided by the owner.
1.2.2.3. Contractor shall locate by stake and mark locations and elevations of the
following:
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a) Elevations of existing earth cut and fill.
b) Final grades for landscape contours.
c) Other items as required to execute work as specified.
1.3 EARTHWORK
1.3.1 Clearing and Grubbing:
1.3.1.1. Within designated areas that require clearing and grubbing activities before
grading and site construction work, the contractor shall remove designated
trees, brush, wood debris, and other materials not required to remain as part of
the finished work. Trees that are to remain shall be protected during clearing
operations and subsequent work.
1.3.1.2. Roots, stumps, and other materials shall be grubbed from the cleared area to a
depth of at least 18 inches. Tree stumps shall be grubbed, including tap roots,
where applicable.
1.3.1.3. Remove grass, plants, vegetation, and organic material from the same area.
1.3.1.4. Remove and dispose of (at contractor’s expense) accumulated material daily
or as directed by the Project Manager or designee to prevent fire hazard
conditions.
1.3.1.5. Burning of materials is not allowed.
1.3.2 Stripping:
1.3.2.1. Strip turfgrass, organic material, surface litter, rubble, and overburden for the
entire depth of root system of grass or other vegetation within designed areas
or as identified on site plans.
1.3.2.2. Remove and dispose of (at the contractor’s expense) accumulated material
daily or as directed by the Project Manager or designee.
1.3.3 Topsoil Removal:
1.3.3.1. When required to attain specific grade requirements, strip existing topsoil to a
depth as designated on plans and specifications or as directed by the Project
Manager or designee.
1.3.4 Topsoil Storage:
1.3.4.1. Topsoil shall be stored in stockpiles conveniently located in areas that will
later receive the topsoil. Stockpiles shall be out of the way of earthwork
operations in locations approved by the Project Manager or designee.
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1.3.4.2. Stored topsoil shall be kept separate from other excavated materials and
protected from contamination by objectionable materials that would render it
unsuitable for reuse. Topsoil shall be protected from excessive erosion.
1.3.5 Topsoil Replacement:
1.3.5.1. Topsoil shall be deposited in a single layer or lift. It shall be placed, processed,
compacted, and graded to leave a finished layer of topsoil at a depth as
designated on plans and specifications or as directed by the project manager
or designee. Unless otherwise indicated, topsoil shall be replaced over all areas
of earthwork.
1.3.6 Grading:
1.3.6.1. Topsoil shall be final graded to the elevations shown on plans and drawings or
as directed by the Project Manager or designee. Fine grading shall be
accomplished with a weighted spike harrow, weighted drag, tractor box blade,
light maintainer, or other acceptable machinery. Bulldozer blades and
frontend loader buckets are not acceptable devices for topsoil grading
operations.
1.3.6.2. All particles of the finish grade shall be reduced to less than one inch in
diameter, or they shall be removed.
1.3.6.3. All rocks of one inch or greater shall be removed.
1.3.6.4. Grading operations and equipment will be such that topsoil does not become
over-compacted.
1.3.6.5. Final grading within five feet of constructed or installed elements shall be
hand-raked.
1.3.7 Acceptability:
1.3.7.1. Finished areas of topsoil are satisfactory if they are true to grade, true in the
plane, even in gradient (sloped) contours, uniform in surface texture, and of
normal compaction.
1.3.7.2. Areas of loose granular pockets or of over compacted soils shall not be
acceptable and will be reworked.
1.3.7.3. Finished areas shall promote surface drainage and will be ready for turfgrass
planting.
1.4 EXCAVATION
1.4.1 Excavation work consists of trenching, filling, and backfilling for underground utility lines
and structures as specified and as shown on plans and specifications.
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1.4.2 Existing Conditions:
1.4.2.1. The Contractor shall determine the location and nature of work, types of
equipment, and facilities needed for the performance of work, general and
local conditions prevalent at each job site, and other matters affecting work
under this contract according to the special conditions and specification
sections herein.
1.4.3 Safety:
1.4.3.1. All areas to be affected by excavation activities shall be designated as a
construction site, be barricaded off, and clearly marked by the Contractor to
protect staff, students, and the public from potential injury.
1.4.3.2. In no event shall the Contractor excavate to any depth unsafely. The Contractor
shall comply with the requirements of “The Trench Safety Act” (Laws of
Florida), and such work shall be considered as included in the Base Bid. All
excavations or trenches of 4 feet or deeper shall be appropriately benched,
shored, or sloped according to the procedures and requirements set forth in
OSHA’s Excavating standard, 29 CFR 1926.620, .651, and .652.
1.4.4 Excavated Materials:
1.4.4.1. Stockpile excavated materials acceptable for backfill and fill soil materials
away from the edge of excavations. Stockpile soil materials without
intermixing. Place, grade, and shape stockpiles to drain surface water and out
of the drip line of trees.
1.4.4.2. Cover soil to prevent wind-blown dust if required by the City
1.4.4.3. Stripped turfgrass, organic material, roots, surface litter, rubble, other
vegetation, and accumulated materials shall be removed daily or as directed
by the project manager or designee.
1.4.5 Excavation for Walks, Footers & Foundations:
1.4.5.1. Excavation areas shall be scarified to a minimum of 4 inches in depth to ease
removal of turfgrass and roots before digging. When excavating through tree
roots, perform work by hand cutting or, as authorized, with a hand or power
saw.
1.4.5.2. Excavate to required contours, elevations, and dimensions to within a tolerance
of plus or minus 1”.
1.4.5.3. Extend excavations a sufficient distance from structures for placing and
removing concrete formwork, for installing services, other construction
activities and for inspections or as indicated on plans and specifications.
1.4.5.4. Do not disturb the bottom of excavations for footers and foundations. Excavate
by hand to final grade just before placing concrete reinforcement. Trim
bottoms to required lines and grades to leave a solid base to receive other work
if required.
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1.4.5.5. Excavations below indicated depths will not be permitted except to remove
unsatisfactory material. Unsatisfactory material encountered below indicated
graded shall be removed as directed.
1.4.6 Excavation for Underground Tanks, Utility, Mechanical or Electrical Structures:
1.4.6.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease
removal of turfgrass and roots prior to digging. When excavating through tree
roots, perform work by hand cutting or, as authorized, with a hand or power
saw.
1.4.6.2. Excavate to elevations and dimensions as required within a tolerance of plus
or minus 1”.
1.4.6.3. Do not disturb the bottom of excavations intended for bearing surfaces.
1.4.6.4. Excavations below indicated depths will not be permitted except to remove
unsatisfactory material. Unsatisfactory material encountered below indicated
graded shall be removed as directed.
1.4.6.5. Compact footing bottoms to at least 98 percent of the maximum dry density as
determined by the Modified Proctor laboratory procedure (ASTM D 1557),
(ASTM D 1556), or equivalent method.
1.4.7 Excavation for Utility Trenches:
1.4.7.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease
the removal of turfgrass and roots before digging. When excavating through
tree roots, perform work by hand cutting or, as authorized, with a hand or
power saw.
1.4.7.2. Excavate trenches to indicated gradients, lines, depths, and elevations as
required.
1.4.7.3. Excavate trenches to uniform widths to provide a working clearance on each
side of the pipe or conduit.
1.4.7.4. Trench Walls: Excavate trench walls vertically from the trench bottom to 12
inches higher than the top of the pipe or conduit unless otherwise indicated on
plans and specifications. Clearance: 12” on each side of the pipe or conduit.
1.4.7.5. Trench Bottoms: Excavate trenches 6” below the outside bottom of the pipe
barrel to allow for a bedding course. The resulting excavation shall be
backfilled with pipe bedding material up to the level of the lower one-third of
the proposed pipe barrel. This backfill material shall be tamped and
compacted to provide proper bedding for the pipe and shall then be shaped to
receive the pipe.
1.4.7.6. Hand excavate for the bell of the pipe as required.
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1.4.7.7. Excavations below indicated depths will not be permitted except to remove
unsatisfactory material. Unsatisfactory material encountered below indicated
graded shall be removed as directed.
1.4.7.8. Compact footing bottoms to at least 98 percent of the maximum dry density as
determined by the Modified Proctor laboratory procedure (ASTM D 1557),
(ASTM D 1556) or equivalent method
1.4.8 Dewatering and Bedding:
1.4.8.1. It is the Contractor’s responsibility to determine the extent of dewatering as
necessary per project and include the cost of such work in the base bid of the
written proposal submitted to the project manager or designee per the terms
and conditions of this bid.
1.4.8.2. Bedding materials shall be per plans and specifications specific to project
requirements.
1.5 BACKFILL, FILL AND COMPACTION
1.5.1 General
1.5.1.1. Satisfactory soil materials obtained from on-site excavation activities shall be
used for fill and backfills.
1.5.1.2. Fill Material imported from an off-site source shall be tested before
construction use, at the contractor's expense, to determine its suitability and
standard Proctor parameters. Test reports shall be submitted to the project
manager or designee.
1.5.1.3. Five (5) pound samples of each imported material to be used as fill shall be
submitted to the project manager or designee for approval before commencing
fill operations.
1.5.1.4. Fill material shall not be used as compacted fill until approved by the project
manager or designee.
1.5.1.5. Place approved fill materials in the areas designated on plans or as directed by
the project manager or designee.
1.5.1.6. Keep excavations free of the ground and surface water until backfilling
operation is complete.
1.5.2 Backfill, fill, and Compaction Walks, Footers & Foundations:
1.5.2.1. At structures, remove forms and debris before backfilling.
1.5.2.2. Place satisfactory backfill materials on-site or approved imported backfill
materials symmetrically on all sides in 9-inch maximum loose depths.
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1.5.2.3. Moisten each layer, if necessary, and compact with mechanical or hand
tamper, each layer to not less than the percentage of maximum density as
specified, taking care not to damage structures by excessive tamping.
1.5.2.4. Compact by mechanical means to compact to at least 98 percent of the
maximum dry density as determined by the Modified Proctor laboratory
procedure (ASTM D 1557), (ASTM D 1556) or equivalent method or to
percentages as specified.
1.5.2.5. Test at each sub-grade and at each compacted fill and backfill lift with at least
one test for every 2500 SF per lift or less of slabs, but not fewer than two tests.
1.5.2.6. Test each compacted backfill lift with at least one test for each column footing,
but not fewer than two tests.
1.5.2.7. Perform one compaction test per 50 linear feet of wall footing with a minimum
of one density test per perimeter of the footing.
1.5.2.8. The contractor shall monitor nearby structures before and during compaction
periods, taking care to ensure that vibrations induced by the compaction
operations do not distress them.
1.5.3 Backfill, Fill and Compaction for Utilities:
1.5.3.1. Coordinate backfilling with testing of utilities. Leave shoring and bracing in a
place where damage will likely result from withdrawal.
1.5.3.2. Carefully backfill trenches with satisfactory on-site or approved imported
backfill materials.
1.5.3.3. Bring backfill up evenly in lifts of 9-inch maximum loose depth layers and
thoroughly and carefully compact with a hand tamper, a powered hand tamper,
a vibrating tamper, or a mechanized power tamper.
1.5.3.4. Moisten each layer, if necessary, and compact each layer with a mechanical or
hand tamper to not less than the percentage of maximum density as specified,
taking care not to damage the pipe or conduit by excessive tamping.
1.5.3.5. Deposit remainder of the backfill material in the trench and compact by
mechanical means to compact to at least 98 percent of the maximum dry
density as determined by the Modified Proctor laboratory procedure (ASTM
D 1557), (ASTM D 1556) or equivalent method or to percentages as specified.
1.5.3.6. Test at each compacted initial and final backfill layer and at least one test for
every 100 foot or less of trench length, but not fewer than two tests.
1.5.3.7. The contractor shall monitor nearby structures before and during compaction
operations, taking care to ensure that vibrations caused by the operations do
not distress nearby structures.
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1.6 FILL & GRADING
1.6.1 General
1.6.1.1. Fill and grading for grassed areas and swales.
1.6.1.2. Preparing sub-grades for slabs-on-grade, foundations, walks and pavements.
1.6.1.3. Turf cutting and removal, regrading, and prepping for new turfgrass.
1.6.2 Existing Conditions:
1.6.2.1. The Contractor shall determine the location and nature of work, types of,
equipment, and facilities needed for the performance of work, general and
local conditions prevalent at each job site, and other matters affecting work
under this contract according to the special conditions and specification
sections herein.
1.6.3 Safety:
1.6.3.1. All areas to be affected by excavation activities shall be designated as a
construction site, be barricaded off and clearly marked by the Contractor to
protect staff, students and the public from potential injury.
1.6.4 Fill and Grading of Grassed Areas:
1.6.4.1. Refer to Sections 1.35 and 1.36 for Topsoil Grading and Compaction
Requirements.
1.6.4.2. Uniformly grade areas to a smooth surface, free from irregular surface
changes.
1.6.4.3. Comply with compaction requirements and grade to cross sections, lines and
elevations as indicated on plans and specification or as directed by Project
Manager or designee.
1.6.4.4. Provide a smooth transition between adjacent existing grades and new grades.
1.6.4.5. Cut out soft spots, fill low spots and trim high spots to comply with required
surface tolerances.
1.6.4.6. Site Grading: Slope grades to direct water away from buildings and to prevent
ponding.
1.6.4.7. Topsoil: Compact topsoil materials to 85 percent ASTM D698 maximum
density at optimum moisture content.
1.6.4.8. Finish sub-grades to required elevations within the following tolerances:
1.6.4.9. Playing fields and other grassed areas: Plus or minus 1”.
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1.6.4.10. Grading inside of building lines:
a) Finish subgrades to a tolerance of ½” when tested with a 10 foot
straightedge.
1.6.4.11. Laser Grading: Establish gradients and elevations as shown on plans and
specifications with current industry standard laser grading procedures. Use
laser automated graders and other acceptable machinery to ensure specified
tolerances.
1.6.5 Fill and Grading of Swales:
1.6.5.1. City of Sebastian staff will determine the required elevations at the inlet of
culvert pipes and mark them on the roadways for reference.
1.6.5.2. Coordinate with City staff regarding areas where the quarter round will remain
after the project. No quarter round will be re-installed. It will only remain in
places where it was intact, and grading can be completed without removal or
disturbance.
1.6.5.3. All sod must be removed from the edge of the road to the property line.
1.6.5.4. Regrade from the edge of the road to the property line to accommodate
stormwater runoff to move from the paved roadway to the center of the swale.
1.6.5.5. Grading should be completed to account for the height of sod that will be
placed for the final condition to allow positive drainage of stormwater runoff
still.
1.6.5.6. All sod and or fill that is removed during the process must be disposed of at a
landfill.
1.6.5.7. After regrading is completed, all swales will need to be re-sodded with the
same type of sod that was previously located in the swale (Bahia or Floratam).
1.6.5.8. If the contractor desires, the pre-existing sod may be saved and re-utilized. All
sections of swale must be sodded to limit future erosion.
1.6.6 Preparing Sub-Grades for Slabs-on-Grade, Foundations, Walks and Pavements:
1.6.6.1. Base materials shall be satisfactory or approved imported fill materials.
1.6.6.2. Existing subgrade shall be scarified to a minimum depth of 3 inches in
preparation for turfgrass removal.
1.6.6.3. Rough grade area to a minimum of 4 inches below finish topsoil grade in
preparation for formwork or approved fill.
1.6.6.4. Compact the subgrade and fill materials to a minimum of 98 percent ASTM
D698 maximum density or at optimum moisture content.
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1.6.6.5. Perform finish grading to the lines and grades shown on plans and
specifications.
1.6.6.6. Finished grades shall be smooth and uniform and provide positive drainage.
1.7 DEMOLITION
1.7.1 Removal of Pavements and Incidentals:
1.7.1.1. Asphalt Pavements:
a) Asphalt pavement removal shall be accomplished by use of
mechanical equipment.
b) Edges of existing asphalt pavement shall be saw cut in a clean straight
line adjacent to pavement surfaces that will remain.
c) Care shall be used to avoid damage to asphalt pavements remaining in
place.
d) The project manager must approve the stockpiling of removed asphalt
pavement on the job site in advance.
e) An acceptable removal method is to saw cut and lift asphalt in larger
areas.
1.7.1.2. Concrete Sidewalks, Slabs & Foundations:
a) Mechanical equipment shall be used to remove Concrete sidewalks,
slabs, curbs, or foundations. Pavement breakers or hydraulic rams
shall not be used unless the project manager or designee approves.
b) Jackhammers, 30 pounds or less or other approved similar equipment
may be used is approved by the project manager or designee.
c) Concrete sidewalks, curbs and gutters and driveways shall be removed
to the nearest contraction or expansion joint.
d) Care shall be taken to avoid damage to sidewalks, curbs, gutters, and
driveways that remain in place.
e) Concrete stockpiling on the job site is not permitted unless approved
in advance by the project manager or designee.
f) An acceptable removal method is to saw-cut and lift concrete in larger
areas.
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1.8 MINIMUM QUALIFICATIONS
1.8.1 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.
1.8.2 No contract will be awarded to any BIDDER who, as determined by the CITY, has an
unsatisfactory performance record, inadequate experience, lack of organization, labor,
and/or equipment to perform the required services; and/or is in arrears to the CITY on a
debt or contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or
assessments are delinquent. The City has the right to disqualify any BIDDER that does not
meet any or all qualifications necessary as determined by the City.
1.8.3 Contractor must have a minimum of three (3) years experience performing earthwork
services for local and county government agencies, and Contractor must have an office
within the state of Florida and maintain an office within the state of Florida which shall be
kept for a minimum of one (1) year; and
1.8.4 If the bidder's business is located in Sebastian, FL, or Indian River County, they must
provide a copy of their business tax receipt with their submittal.
1.9 QUOTING PROCESS
1.9.1 Upon notification from the Project Manager or designee that services are required, the
following shall take place:
1.9.1.1. The contractor will be notified of the project and site location
1.9.1.2. The contractor and the City personnel responsible for overseeing the project
shall arrange mutual dates and times.
1.9.2 After a general overview of the project is given to the Contractor on site, the Contractor
prepares a written proposal to include the following:
1.9.2.1. The total lump sum “Not to Exceed” amount is based upon the unit pricing
given.
1.9.2.2. Number of days required to complete the work after issuance of a purchase
order and after authorization to proceed.
1.9.2.3. A brief description of the work to be completed.
1.9.2.4. Material cost estimate if applicable.
1.9.2.5. A proposal shall be emailed to the Project Manager or designee within three
(3) working days after the meeting.
NOTE: The contractor is responsible for measuring the area serviced on-site
to determine exact requirements. The contractor shall be responsible for the
accuracy of field measurements.
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1.9.2.6. The contractor shall investigate the work's location and required installation
conditions. Proposals shall be itemized per unit pricing given.
1.9.3 The Project Manager shall give all changes to the project. Any other work direction taken
and performed by the Contractor shall be considered unauthorized and could result in
nonpayment of funds for work performed. If changes in scope are required, the Contractor
shall submit a revised written proposal outlining the costs associated with the change.
Under no circumstances shall work proceed unless authorized by the Project Manager and
the Procurement Division has processed a change order to the original purchase order.
1.9.4 The City will not pay “fuel surcharges” if added to an invoice.
1.9.5 Contractor shall start all non-emergency-related work within five (5) working days after
receipt of a purchase order. Work is to be completed on time. Repeated failure to complete
projects within specified timeframes shall cause this contract to be terminated.
1.9.6 Contractor shall adhere to all noise abatement performance standards for all construction
equipment as established by county or state ordinances for work sites during specified
hours.
1.9.7 Contractor shall maintain an adequate supply of materials, supplies, personnel, etc., to
perform services required to ensure work can be performed on time. Repeated and
documented instances of using substandard materials, supplies, personnel, or failure to
adequately clean up sites and remove debris when work is complete shall constitute
grounds for termination of this contract.
1.9.8 Rework to correct identified deficiencies due to the Contractor’s negligence shall be done
at the Contractor’s expense.
1.9.9 No charges shall be allowed for time lost due to equipment failure.
1.10 OTHER
The contractor will appoint one of their employees as the key contact for approval by the City’s
Project Manager. It is the City’s belief that the service required is adequately described herein.
Therefore, any negotiated contract may include the entire effort required of the bidder to provide the
service described. Specifically, no additional fees will be allowed for any additional services
performed or any reasons whatsoever except those directly attributable to the City’s errors or
omissions.
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Invitation to Bid (“ITB”): This solicitation document, including any 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 firm, person, or corporation responding
to this solicitation for the same product or service. The bidder further certifies that the bidder has
not divulged, discussed, or compared this bid with other bids and has not colluded with any other
bidder or parties to the bid. Any violation of this provision will result in the cancellation and 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 f ines 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 obligation 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, conspiracy, or
material misrepresentation.
"Convicted" or "conviction," as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo
contendere.
“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime or
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 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.
2.21 RIGHT TO REJECT
The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept
the bid(s), which in its sole judgment best serves the interest of the City.
More than one bid from an individual, bidder, or association under the same or different names will
not be considered.
2.22 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless
otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225
Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which
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
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
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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.
2.23 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.
2.24 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.
2.25 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.
2.26 PRICE ADJUSTMENTS
2.26.1. 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.
2.26.2. 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.
2.26.3. Any purchase order issued before the approval of the price increase will not be modified.
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2.26.4. 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.
2.27 CHANGE ORDERS
2.27.1. 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.
2.27.2. 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.
2.28 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.
2.29 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.
2.30 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the commodities from
use, as specified herein, will not relieve the contractor from responsibility.
2.31 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
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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.
2.32 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.
2.33 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.
2.34 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.
2.35 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:
2.35.1. Does not participate in a boycott of Israel; and
2.35.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.35.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.35.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
2.35.5. Has not engaged in business operations in Cuba or Syria.
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Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian
shall provide notice, in writing, to the bidder of the City’s determination concerning the false
certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
bidder determines, using credible information available to the public, that a false certification has
been submitted by bidder, this contract may be terminated and a civil penalty equal to the greater of
$2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said
certification must also be submitted at the time of Contract renewal.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local
government entities from: 1) contracting with companies for goods or services in any amount if at
the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods
or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations
in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance
hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List;
engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations
in Cuba or Syria.
2.36 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.
2.37 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or
vendors doing business with the City are not exempted from paying said taxes to their supplier for
goods or services purchased to fulfill the contractual obligations with the City, nor shall any
contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such
materials.
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2.38 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in response to
this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119
Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously
provide the City with a separate redacted copy of its response. The redacted copy shall contain the
City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly
titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis
for the exemption. The contractor shall be responsible for defending its determination that the
redacted portions of its response are a confidential, trade secret, or otherwise not subject to
disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from
or relating to the contractor’s determination that the redacted portions of its response are
confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails
to submit a Redacted Copy with its response, the City is authorized to produce the entire documents,
data, or records submitted by the contractor in response to a public records request for these records.
2.39 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.
2.40 LIQUIDATED DAMAGES
The contractor agrees to the use of liquidated damages in the event the contractor fails to perform
by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the
Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar
day that the Contractor shall be in default after the time stipulated in the Agreement for completing
the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but
liquidated damages for breach of contract
On the occasion where the contractor is in default of the Agreement, or any material provision
thereof, or fails to remedy any deficiency in performance, the City may procure the necessary
supplies or services from an alternative source and hold the contractor financially responsible for
any excess costs incurred. The difference between the Bid price of the product or service and the
actual price paid may be deducted from any current or future obligations owed to the contractor as
liquidated damages.
2.41 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.
2.42 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory performance duri ng
the term of this bid. The report may become an important part of the contractor’s history. The report
and process will assist the City in determining whether there is a continuing pattern of problems that
may need to be addressed through termination of contract and/or suspension of the contractor from
future bidding.
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2.43 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.
2.44 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.
2.45 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, bidder certifies the following:
2.45.1. 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.
2.45.2. 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.
2.45.3. 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.
2.45.4. 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.
2.45.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
2.46 DEBARMENT AND SUSPENSION
2.46.1. bidder certifies to the best of its knowledge and belief that it and its principals:
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2.46.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.46.3. 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;
2.46.4. 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
2.46.5. 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.
2.46.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.47 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.
2.48 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.
2.49 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.
2.50 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.
2.51 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
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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.
2.52 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 i n 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 “Eq ual
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, overt ime 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 2.20.
3.15 TERMINATION FOR CAUSE AND CONVENIENCE: Termination for cause and for
convenience are addressed under General Terms and Conditions, paragraph 2.20.
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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
The award shall be made to the lowest, most responsive, and responsible contractor(s). The City
reserves the right to make multiple awards in its best interest. The City reserves the right to reject
any and/or all bids and to waive any minor irregularity or technicality. Payment discounts will not
be considered for bid evaluation purposes.
5.2 NOTICE TO PROCEED
The contractor shall not commence any work or enter a worksite until the City issues a written Notice
to Proceed (NTP) directing the awarded bidder to proceed with the Work, provided that such
notification shall be superseded by any emergency work that may be required in accordance with
the provisions included elsewhere in this ITB and resulting contract.
5.3 LENGTH OF CONTRACT AND RENEWAL
This ITB will result in an agreement with a two (2) year initial term. The contract may be renewed
for two additional one-year renewal terms. The City seeks a Contractor that will provide timely
completion and adhere to the agreed upon schedule.
5.4 CITY OF SEBASTIAN LOCAL VENDOR PREFERENCE
Effective October 14, 2009, the City of Sebastian adopted a local vendor preference.
City Code Sec. 2-11. Local Vendor Preference Policy
(a). Definitions.
(1) Local business means the vendor has:
a) A valid business tax receipt issued by the City of Sebastian or by Indian River County at
the time a bid or proposal is submitted and
b) A physical address located within the local area, in an area zoned for the conduct of
such business, from which the vendor is operating a significant portion of its business
and at which it maintains full-time employees.
(2) Nonlocal business means any vendor that does not meet the definition of a business within
the local area.
(b) Establishment as local area business. To establish that a vendor is a local area business a
vendor shall provide written documentation of compliance with the definitions for each such
local business as defined in subsection (1) herein, at the time of submitting a bid or Bid. Post
office boxes are not verifiable and shall not be used for the purpose of establishing the required
physical business address. A vendor that misrepresents the local area status of its Bidder in a
Bid or bid submittal to the city will lose the privilege to claim local preference status for a
period of two years.
(c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to
local area businesses in the purchase of commodities, person property, general services,
personal property, professional services, and the purchase of or contract for construction or
renovation of public works or other public improvements by means of competitive bid. The
city shall give such preference to local area businesses in the following manner:
(1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the
price order of the bids received will be evaluated and determined.
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When a qualified and responsive nonlocal business submits the lowest price bid, and the
lowest bid submitted by a qualified and responsive local area business is within five percent
of the lowest bid, then the lowest bidding local area business shall have the opportunity to
submit an offer to match the price submitted by the lowest nonlocal area business Bidder.
Within five working days after the posting of the qualified and responsive bids, any local
area business that has submitted a qualified and responsive bid within five percent of the
lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest
bid, shall submit a written offer to match the lowest bid. If the lowest local area business
submits an offer that matches the lowest bid submitted, then the award shall be made to
such local business.
If the lowest local area business Bidder declines or is unable to match the lowest bids, then
the option to do so moves to the next qualified and responsive local area business if its bid
is within five percent of the lowest bids, and it is a qualified and responsive Bidder.
If the lowest bid is submitted by a qualified and responsive local area business, there is no
local vendor preference.
If a qualified and responsive local area business accepts the opportunity to match the lowest
bid of a nonlocal area business and that bid is based on unit price bid items and estimated
quantities, then the unit prices for all bid items shall be reduced in proportion to the
reduction in the local area business’s total bid amount required to match the lowest total
bid.
(2) Ties. In the event of any tie in the final bid price between a qualified and responsive local
area business, and a nonlocal area business, a contract award, or the first opportunity to
negotiate, as applicable, shall be made to the local area business. In the event of any two
businesses located within the City of Sebastian, or two businesses located within the greater
local area, the local vendor with the greatest number of full-time employees working in the
City of Sebastian or the greater local area respectively shall be awarded the contract or
receive the first opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy set forth herein shall
not apply to any of the following purchases or contracts:
(1) Goods or services provided under a cooperative purchasing agreement or piggyback
agreement; or
(2) Purchases or contract which are funded, in whole or part, by a governmental entity and the
laws, regulations, or policies governing such funding prohibit application of that
preference; or
(3) Purchases made or contracts let under emergency or noncompetitive situations, or for
litigation related legal services, as described in the City’s purchasing policies; or
(4) Purchases or contracts with an estimated cost of $5,000.00 or less; or
(5) Purchases or contracts where the difference between the amount of the low bid submitted
by a qualified and responsive nonlocal area business and the lowest bid submitted by a
qualified and responsive local area business is greater than $25,000.00; or
(6) Where all bids are rejected.
(e) Waiver of the application for local vendor preference policy. Any request for the waiver of
local preference to any particular purchase or contract must be heard by the City Council prior
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to advertising the bid. The City Council, as the awarding authority, may approve the waiver of
local preference upon review and at its discretion.
(f) Comparison and review of qualifications. The preferences established herein no way prohibit
the right of the City of Sebastian to compare and review the quality of materials bid for
purchase, and to compare and review the qualifications, character, responsibility and fitness of
all persons, Bidders or corporations submitting bids or Bids. Furthermore, the local preference
established herein shall not prohibit the city from giving any other preference permitted by law
in addition to the local preference contained herein.
(g) Administration of local preference policy. This policy shall apply to all departments, functions
and funds under the governance of the City of Sebastian, unless subsection (d) applies.
(h) Dispute resolution. Any dispute arising under the provision of this section shall first be
presented to the City Manager for determination. The decision of the City Manager shall be
appealable to the City Council, and the decision of the City Council shall be final and binding
on all parties.
5.5 NPDES REQUIREMENTS
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and
obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and
SWPPP Permits shall be included in the RFP Price. For further information on compliance with their
rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes
5.6 PROJECT COORDINATION
5.6.1. 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:
5.6.1.1. 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
5.6.1.2. Contractor shall at all times provide a responsible, knowledgeable, English
speaking worksite supervisor or representative who has decision making authority;
and
5.6.1.3. 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
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5.6.1.4. 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.
5.7 SITE INSPECTION AND DUE DILIGENCE
Bidders are obligated to carefully examine the project specification, as well as exercising due
diligence regarding any and all current and pre-existing conditions at the project site. Prior to
submitting their bid, the bidder shall be responsible for visiting the project site and becoming
familiar with any conditions which may affect the work to be performed. Prior to the commencement
of work, the contractor shall submit photographs and/or video recordings to the project manager to
document any and all such pre-existing damage to the roadways, driveways, approaches, tree trucks
or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the
project site and/or any surrounding areas to be accessed and/or utilized by the contractor. Any
damage to public and/or private property resulting either directly or indirectly from the execution of
the project by the contractor shall be repaired or replaced at the sole expense o f 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.
5.8 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of the work for this
bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize
additional costs during the period of work stoppage. The City may subsequently either cancel the
stop work order, resulting in an equitable adjustment in the delivery schedule and/or the price, or
terminate the work in accordance with the provisions of the bid terms and conditions.
5.9 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the City to purchase
these amounts. The City reserves the right to re-negotiate prices if, at any time during the agreement
term, the City purchases more than the estimated quantities in this bid.
5.10 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 contr actor 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.
5.11 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
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Subcontractors shall be removed and disposed of by the contractor at its expense, to the satisfaction
of the City. The contractor assumes all liability for accidents that may occur due to any debris,
equipment, tools, and worksite hazards.
5.12 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 accomplished within
the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction
of the project manager and City within seven (7) working days.
5.13 OWNERSHIP OF THE WORK
5.13.1. 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:
5.13.1.1. Final invoice with documentation.
5.13.1.2. The Contract Completion Form
5.13.1.3. Acceptance from City of Sebastian Building department
5.13.1.4. Warranty information to include effective dates, contact information, and
details on the scope of coverage.
5.13.1.5. Cut sheets and Operations and Maintenance manuals for any installed
equipment.
5.13.1.6. As-Built Drawings
5.13.1.7. Contractor internal work orders / employee timesheets upon request
5.13.1.8. Certified payroll, upon request
5.13.1.9. Any other documents as requested by the City
5.14 INSURANCE
5.14.1. The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with the exception of Workers Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. A
renewal certificate shall be issued thirty 30 days prior to said expiration date. The certificate
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shall provide a thirty 30 day notification clause in the event of cancellation or modification
to the policy.
5.14.2. 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.
5.14.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
5.14.4. Minimum coverage with limits and provisions are as follows:
5.14.4.1. 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
5.14.4.2. 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
5.14.4.3. 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
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of Florida (Florida Statutes Chapter 440). Exemption certificates to this
requirement are not acceptable.
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
5.14.4.4. Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of Commercial
General Liability, Automobile Liability and Employers Liability. *This
coverage is optional if Successful Bidder has $2,000,000 General
Aggregate under the Commercial General Liability Policy. **
5.14.4.5. Pollution Liability (when applicable): Successful Bidder shall provide and
maintain pollution liability Insurance covering Contractor’s or appropriate
subcontractor’s liability for bodily injury, property damage and
environmental damage resulting from sudden accidental and gradual
pollution and related cleanup costs incurred by Contractor, all arising out of
the Goods delivered or Services (including transportation risk) performed
under this Contract is required.
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
5.14.4.6. 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
5.14.5. 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
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(including transportation risk) performed by Contractor under this Contract is also
acceptable.
5.14.6. 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.
5.14.7. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best
Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to
ensure that all subcontractors comply with the insurance requirements set forth in this
Agreement. The City may request a copy of the insurance policy according to the nature of
the project. The city reserves the right to accept or reject the insurance carrier.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 6
REQUIRED
FORMS
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CONTACT INFORMATION SHEET
DUE DATE: October 29, 2024
Bids due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check the Addenda for any revised opening dates before
submitting your bid. Bid(s) received after the date and
time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Earthwork Services (Rebid)
ITB NO.: #25-02-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: Earthwork Services (Rebid)
SOLICITATION #: 25-02-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 excavation 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 a 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 r elied 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
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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
25-02-2025
Page 53 of 58
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
25-02-2025
Page 54 of 58
SUBCONTRACTOR LIST
Bidder’s Name: Phone #:
Solicitation Title: Earthwork Services (Rebid) Solicitation #: 25-02-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
25-02-2025
Page 55 of 58
ADDENDA ACKNOWLEDGEMENT
Bidder’s Name: Phone #:
Solicitation Title: Earthwork Services (Rebid) Solicitation #: 25-02-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
25-02-2025
Page 56 of 58
LOCAL VENDOR PREFERENCE AFFIDAVIT
Legal Name of Firm:
Contact Person: Telephone:
Email Address:
Remit Address:
Physical Address:
Sebastian or County Tax Receipt
Number: Current Date Issued
☐ Required copies attached? Previous Date
Issued
Number of full-time employees working in the City of Sebastian
(for city preference) or Indian River County (for county
preference):
I certify that my company meets the following qualifications to be eligible for local vendor preference:
(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River
County, at least one (1) year prior to the opening of a bid for which the business may seek local
vendor preference, and
(2) Maintains a physical business address located within the City of Sebastian or Indian River
County, from which the vendor is operating or performing its business, and at which it maintains
full-time employees. Note: A post office box shall not be considered a physical business
address.
I certify that under the penalty of perjury, the foregoing statements are true and correct. I also
acknowledge that any person, firm, corporation or entity intentionally submitting false information
to the City in an attempt to qualify for local preference shall lose the privilege to claim local
preference status for a period of two (2) years.
____________________________________ _____________________
Authorized Signature Date
____________________________________ _____________________
Printed Name Title
NOTARY
____________________________________ _____________________
Witness Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-02-2025
Page 57 of 58
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
25-02-2025
Page 58 of 58
SECTION 7
ELECTRONIC PRICE SHEET INSTRUCTION
The Electronic Price Sheet, Attachment A, is in Excel Format. Bidders must upload their completed price
sheet in .xlsx or .xls format to VendorLink. The price sheet includes the following worksheets:
1) Work Scenarios
a. Pricing on this worksheet is MANDATORY. The Lump Sum total for work scenarios
will be used as the basis of award.
b. This pricing is all-inclusive. All rates must include mobilization and demobilization
costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance,
and any other costs associated with providing the requested services.
2) Equipment Fee Schedule
a. Pricing on this worksheet is MANDATORY.
b. This pricing is all-inclusive. All rates must include mobilization and demobilization
costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance,
and any other costs associated with providing the requested services.
3) Labor Rates
a. Pricing on this worksheet is MANDATORY.
b. This pricing is all-inclusive. All rates must include mobilization and demobilization
costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance,
and any other costs associated with providing the requested services.
4) The Bid Prices shall remain good for ninety (90) days after the due date of this ITB. By signing
below, the Bidder certifies that the price quoted represents and includes the entirety of the
work, fees, profit, overhead, general requirements, general conditions, etc., of the project per
the ITB documents.
5) By affixing their signature to the Bid Price Form, the Bidder hereby states that they have read all
bid specifications, terms and conditions outlined in the Invitation to Bid and agree to such. Bidder
declares that the individual signing this Bid Form has the legal capacity to sign on behalf of Bidder
and to contractually obligate Bidder.
6) Furthermore, Bidder hereby agrees to provide the services described in the Invitation to Bid for
the unit or lump sum prices as noted above, which includes all supervision, labor, materials,
equipment, supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead,
profit, applicable taxes and costs of all kinds necessary to complete the Services.
Bidder’s Name:
Signature: Date:
Print Name: Title: