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HomeMy WebLinkAboutLift StationCm OF 5EBAST�" HOME OF PELICAN ISLAND ADDENDUM #1 DATE: April 6, 2011 PROJECT NAME: Lift Station At Riverview Park BID NUMBER: 11-06 BID OPENING Date: Friday, April 15, 2011 This Addendum #1 is issued for the purpose of notifying all parties holding plans and specifications of the following: ( 1 ) Bid Bond: Due to a typographical error, replace Attachment 4 (Bid Bond) form with the attached revised Attachment 4 (Bid Bond) form. (2) Wage Rate: Attached is locked in wage rate for the Lift Station @ Riverview Park Project. Wages for the project must be paid accordingly. (3) Impact Fees: The cost of impact fees shall be paid by the City of Sebastian. The City will issue a change order for any expense contractor may encounter with reference to Indian River County Impact fees. (4) Construction Completion Time: Construction time will be changed from sixty (60) days to one hundred and eight (180) days. (5) The City will require that the existing septic and drain field be abandoned in place. Contractor shall be responsible associated permitting. Please note that the bid opening date of Friday, April 15, 2011 at 2:00 p.m. has NOT changed. Company Name Name: Authorized Signature: Title: Date: Telephone: E-mail: ATTACHMENT 4 (BID BOND) (This form provided by the City of Sebastian as an example of the form of bond; the actual bond must conform to the standards required by Florida Statutes) KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned As Bidder, and As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five percent (5%) of the Total Bid Amount which is $ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of 12011. The Condition of the above obligation is such that whereas the Bidder has submitted to the City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for LINT STATION AT RIVERVIEW PARK. NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name M Printed or Typed Bidder—Authorized Signature Surety 0 Printed or Typed Bidder—Authorized Signature Bidder — Printed or Typed Name and Title Surety — Printed or Typed Name and Title IE Page 1 of 4 General Decision Number: FL100259 10/29/2010 FL259 Superseded General Decision Number: FL20080259 State: Florida Construction Type: Heavy County: Indian River County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) (EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE BASE, KENNEDY SPACE FLIGHT CENTER AND MALABAR RADAR SITE) Modification Number Publication Date 0 03/12/2010 1 10/29/2010 ENGI0487-016 01/01/2010 Rates Fringes OPERATOR: Oiler .................$ 22.24 8.78 ----------------------------------- ---------------------------- IRON0402-004 04/01/2009 Rates Fringes IRONWORKER, REINFORCING AND STRUCTURAL ........................$ 22.22 7.65 ---------------------------------------------------------------- LABO1652-004 05/01/2009 Rates Fringes LABORER: Grade Checker ........... $ 14.50 4.67 --------------------------------------------------------- * PAIN0452-007 08/01/2010 Rates Fringes PAINTER: Brush, Roller and Spray ............................$ 16.00 6.20 ---------------------------------------------------------------- SUFL2009-156 06/24/2009 Rates Fringes CARPENTER ........................$ 13.56 1.64 CEMENT MASON/CONCRETE FINISHER ... $ 13.18 0.00 ELECTRICIAN ......................$ 16.71 3.51 LABORER: Common or General ...... $ 10.31 0.00 LABORER: Landscape ..............$ 7.25 0.00 LABORER: Pipelayer..............$ 12.09 1.85 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws http://www.wdol.gov/wdol/scafiles/davisbacon/FL259.dvb 4/6/2011 Page 2 of 4 Only) ............................$ 10.63 2.20 OPERATOR: Asphalt Paver ......... $ 11.88 0.00 OPERATOR: Backhoe Loader Combo ............................$ 16.10 2.44 OPERATOR: Backhoe/Excavator ..... $ 13.12 2.58 OPERATOR: Blade/Grader .......... $ 16.00 2.84 OPERATOR: Bulldozer .............$ 12.88 0.00 OPERATOR: Crane .................$ 14.88 3.17 OPERATOR: Loader ................$ 12.91 1.76 OPERATOR: Mechanic ..............$ 13.83 2.19 OPERATOR: Roller ................$ 10.50 0.00 OPERATOR: Scraper ...............$ 11.00 1.74 OPERATOR: Trackhoe..............$ 20.92 5.50 OPERATOR: Tractor ...............$ 10.00 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 11.00 0.00 TRUCK DRIVER: Off the Road Truck ............................$ 12.21 1.97 TRUCK DRIVER: Dump Truck ......... --------------------------------------------------------- $ 11.07 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS http://www.wdol.gov/wdol/scafiles/davisbacon/FL259.dvb 4/6/2011 Page 3 of 4 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.. Department of Labor 200 Constitution Avenue, N.W. http://www.wdol.gov/wdol/scafiles/davisbacon/FL259.dvb 4/6/2011 Page 4 of 4 Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/FL259.dvb 4/6/2011 Mandatory Pre -Bid Lift Station at Riverview Park Tuesday, March 29,2011 - 2:00 p.m. Sebastian City Hall, City Council Chambers 1225 Main Street, Sebastian, FL Attending: Al Minner, City Manager Rebecca Grohall, Director of Growth Management Jerry Converse, Public Works Director Linda Kinchen, Public Works Administrative Supervisor, Public Works Jean Tarbell, Executive Assistant, City Manager's Office A sign -in sheet was distributed. The following participants were in attendance. Brian Kelly, Holland Pump Company, West Palm Beach, FL Kevin Trost, Chaz Equipment, Wellington, FL John H. Boyer, Masteller & Moler, Inc., Vero Beach, FL Rob Beatty, Jobear/Warden Construction, Vero Beach, FL Trey Huy, Jobear/Warden Construction, Vero Beach, FL Bill Heller/John Scott, Hydra Service/ABS Pump, Sanford, FL Timothy Rose Contracting, Vero Beach, FL Maxwell & Sons, Inc., Sebastian, FL City Manager, Al Minner opened the pre-bid meeting at 2:00 p.m. All members of staff attending were introduced. Al Minner explained that the project is for a lift station to provide sanitary service at Sebastian Riverview Park, located at the corner of US #1 and Sebastian Blvd., Sebastian, FL. Mr. Minner gave a brief overview of the project and announced that the project is a federally funded project and that contractors would have to submit all required documents, including the most current wage statement forms for worker. Mr. Minner stated that any and all questions related to the required bid forms are to be submitted to either Rebecca Grohall or Debra Krueger for clarification. Mr. Minner announced that the bid opening would be at 2:00 p.m., on April 15, 2011 and that all technical questions be directed to Rebecca Grohall at rgrohall ,cityofsebastian.or¢ until April 7, 2011. He also announced that the bid package is available electronically or could be picked up at the end of the meeting. There being no further comments, meeting adjourned at 2:20 p.m. LIFT STATION AT RIVERVIEW PARK CULT SEMSTI�M a HOME OF PELICAN ISLAND BID DOCUMENTS City of Sebastian 1225 Main Street Sebastian, Florida 32958 (T)772-388-8203(Fax)772-581-0149 Al Minner, City Manager aminner@cityofsebstian.org ADVERTISEMENT/INVITATION TO BID The City of Sebastian is accepting sealed bids for the Riverview Park Lift Station. This is an installation of a lift station at Riverview Park to tie into the existing sewer line. All bids must be received by Jean Tarbell, Executive Assistant no later than FRIDAY. APRIL 15, 2011 AT 2:00 PM in the Office of the City Manager, at which time Bids will be publicly opened and read aloud. The City of Sebastian date and time stamp shall be conclusive as to the timeliness of receipt. The owner for the project is the City of Sebastian, Florida ("Owner"). Bid documents may be obtained by contacting Jean Tarbell at (772) 388-8203, 1225 Main Street, Sebastian, Florida 32958; Itarbell(o)citvofsebastian.ora. Please note the list of proposal holders is confidential, per 337.168 Florida Statutes, 72 hours (three working days) prior to the scheduled letting date. A Mandatory Pre -Bid Meeting will be held on TUESDAY. MARCH 29, 2011, AT 2:00 PM in City Hall at 1225 Main Street, Sebastian, Florida, in the City Council Chambers. Representatives from the City will be present to discuss the Project. Bidders are required to attend this meeting. No Bid shall be received from any Bidder who does not attend the meeting. Bids must be accompanied by a Bid Security in the amount of five percent (5%) of the Bid. No bid may be withdrawn for a period of 120 days after the posting of the recommended award as otherwise provided in instruction to Bidders. The successful Bidder, who is awarded the contract, will be required to furnish a 100% Construction Performance Bond. The project is funded through the U.S. Department of Housing and Urban Development, as such, the project is subject to payment and verification of prevailing wage rates commonly known as Davis Bacon and Davis Bacon Related Acts. All Bids shall be sealed when submitted and be delivered or mailed to: CITY OF SEBASTIAN JEAN TARBELL, EXECUTIVE ASSISTANT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 DUE: APRIL 15 2011 2:00 PM Envelope must be identified as Lift Station — Riverview Park The Owner reserves the right to accept or reject any or all bids (in whole or in part) with or without cause, to waive technicalities, irregularities or informalities, or to accept bids which in its judgment best serve the Owner. Any and all questions regarding the bidding documents shall be directed to Al Minner, City Manager. INVITATION TO BID SEALED BIDS FOR A LICENSED CONTRACTOR TO PROVIDE PROCUREMENT AND CONSTRUCTION SERVICES WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM FRIDAY APRIL 15, 2011. BID ENVELOPES ARE TO BE MARKED AS FOLOWS: BID: LIFT STATION/RIVERVIEW PARK BID OPEN: APRIL 15, 2011 2:00 PM The City of Sebastian is seeking bids from licensed contractors to design and construct a lift station that will service the bathrooms at Riverview Park. The Contractor shall be properly licensed in the City of Sebastian and shall provide proof of insurance to conduct its business, all licenses, permits and certificates as may be required by all local, State of Florida, and Federal Agencies. The Contractor must be capable of obtaining the appropriate licenses and certificates to perform the project in the City of Sebastian. Contractors interested in submitting a bid may pick up or request a bid package containing instructions for bidders and specifications from the office of the City Manager, 1225 Main Street, Sebastian, FL 32958. Bid proposals must be submitted on the forms provided and accompanied by a bid security in the form of a certified check, cashier's check, money order or a bid bond submitted on the form provided, in favor of the City of Sebastian in the amount of not less than five percent (51/o) of the bid price. A mandatory Pre-bid Conference to be held at 2:00 PM Tuesday, March 29, 2011, at Sebastian City Hall (Council Chambers), 1225 Main Street, Sebastian, FL 32958 All questions pertaining to the project shall be submitted in writing via email to aminnerAcitvofsebastian.org. All plan holders will be emailed a copy of the questions and the answers in the form of an addendum. This project is funded under provisions of the U.S. Department of Housing and Urban Development grant funding. Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded. SCOPE OF WORK FOR SEWER LIFT STATION INSTALLATION Contractor shall be responsible to design and build new sewer lift station at the Riverview Park existing restroom facility. Contractor shall be required to abandon the current septic system for existing restroom facility and install a new sewer lift station for connection to Indian River County Utilities sewer line system. It shall be the contractor's responsibility to inspect the site prior to submitting the design build bid and determine the best way to design the connection to existing Indian River County Sewer line. Contractor shall be responsible to prepare all engineering plans, signed and sealed by a Florida professional engineer for the design of the sewer lift station per Indian River County Utility Standards. (See sample plan). The Engineering Design Plans shall include: plan/profile, stationing, offset, construction notes, connection to existing line and County utility details, and signed and sealed lift station calculations. Also, the lift station details and specifications shall be submitted. (see attached sample specifications). If there are no RPZ (reduced pressure zone) contractor will need to provide for a back flow preventer. Contractor shall be responsible for FDEP sewer permit application to be completed and submitted to Indian River County for review and approval for submittal to FDEP. Contractor shall also be responsible for any Indian River County Permit applications and fees. 3 2. BID REQUIREMENTS A pre-bid conference shall be held at Sebastian City Hall at the time and date specified in the Invitation to Bid. All prospective bidders are encouraged to attend this conference. Questions concerning the project or bid requirements may be addressed at that time. Three (3) sets of bids shall be submitted on the Bid Proposal Form provided, including any other forms, proofs, and documents as required. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left corner) the name of the Bid, and the date and time of opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation. 4. BIDS NOT CONSIDERED Late Bids, telegraphed or faxed Bids and bids which do not conform to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or telegraph provided that such notices are received prior to the date and time specified in the Invitation. BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will commence at the date and time specified in the Notice of Invitation to Bid, and publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings. 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the City Clerk's Office, Records Management Specialist. 7. REQUIRED INFORMATION Bidders shall follow all instruction and provide all information requested on the bid proposal form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the bidder in ink. 9. NEW EQUIPMENT AND MATERIALS Prices shown on the bids must be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as stipulated in the agreement form submitted with the bidding documents. 10. SALES TAX 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. 11. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. 12. LICENSING, CERTIFICATION, AND/OR REGISTRATION Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. In any event, the Contractor shall contact the Administrative Assistant at the Building Department 772-388-8234 and insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Three (3) copies of any license or certification as required shall be submitted with the bidding documents. A letter must be obtained from the City's Building Department showing that you have complied with their requirements, and is required on this project prior to execution of a contract, and should be submitted to the General Services Administrator with any payment/performance bonds which may be required. Any Sub -Contractors) must also be certified. 13. CORRECTIONS, CANCELLATIONS, & WITHDRAWAL A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. B. Waiver of Technicality; Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non - substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. C. Mathematical errors; Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. D. Cancellation or postponement; The City may cancel or postpone that bid opening or cancel the Invitation to Bid in its entirety. E. Withdrawal; Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telecon is made. F. Amendments; Prior to any published bid opening date and time, a bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 14. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 15. PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. 16. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 17. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 18. BID BOND A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and must be submitted along with the three (3) copies of the Bid; failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to return of surety after final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. 19. PAYMENT AND PERFORMANCE BONDS A payment and Performance Bond equal to one hundred percent (1001/o) of the Agreement price shall be required on this project, and shall be provided by the successful bidder at the stipulated time of the execution of the agreement, failure to do so shall cause said bidder to be in default and forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.) NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS: The bond (s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the City Manager and City Attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashiers check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the check or letter or credit must be approved by the City Manager and City Attorney. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power -of -Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. 20. LIQUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount as shown in the project contract upon the terms agreed to per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 21. INSURANCE Cost for all insurance shall be born by the bidder. All insurance shall be acceptable to the City in its sole discretion. A signed Certificate(s) of Insurance evidencing required insurance coverages maintained by the Bidder in the types and amounts required hereunder shall be transmitted to Owner prior to Contract execution. Each Certificate(s) shall include a minimum thirty (30) day endeavor to provide written notification to Owner for cancellation or non -renewal of coverage herein. All Bidders shall submit evidence of insurance as indicated in the Construction Contract, Section 11.8. 22. BID AWARD The contract/agreement will be awarded to the lowest responsive and responsible Bidder. 23. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non-responsive, 00 imbalanced, or conditional Bids. More than one Bid from an individual, form or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. References are required and must be submitted with the Bid proposal form. Failure to submit references as required may disqualify your Bid. Name and phone number to contact shall be included. 25. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required and must be submitted with the Bid proposal. Failure to submit a list of Sub -Contractors may disqualify your Bid. 26. CO-OPERATIVE PURCHASING It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 27. DISCRIMINATION The Bidder/Contractor 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. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM The City has an overall ten percent (10%) race -neutral DBE goal. This means that the City's goal is to spend at least 10% of the dollars with Certified DBE's as prime Contractors or as subcontractors. Race -neutral means that the City believes that the 10% overall goal can be achieved through the normal competitive procurement process. The City has reviewed this project and assigned a DBE availability goal of (10%) percent for this project. Although not a contract requirement, the City believes that this DBE percentage can realistically be achieved on this project based on the number of DBE's associated with the different types of work that will be required. 0 BID FORMS Bidders shall submit, on the forms provided (Attachments 1-7), the information required. Bidders that fail to complete and show evidence of compliance with the following subsections shall be considered unqualified, and shall not be given further consideration in the bid process. Licensing Bidder shall be licensed in accordance with the following: Chapter 489, Part I, Florida Statutes and Chapter 61G4, Florida Administrative Code. Bidder shall provide copy of license as part of bid documents. Contractor shall be able to be properly licensed in the City of Sebastian before beginning construction. If the Bidder is a joint venture, the individual empowered by a properly executed Declaration of Joint Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will be responsible for the engineering, quality control, and geotechnical and construction portions of the Work, and license numbers and copies of these licenses/professional registrations shall be provided with Attachment 1. Drug Free Workplace Statement The Drug -Free Workplace form, as attached hereto, shall be submitted with the qualification package. Public Entity Crimes Any person or firm submitting a Proposal in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said qualifications package. Bid Price Bid prices shall be submitted on the Bid Price Form attached hereto and shall include prices for the items listed. The prices shall include all costs for all construction of the Project, and all other work necessary to fully and timely complete that portion of the Project in accordance with the Contract Documents, as well as all job site and home office overhead, and profit, it being understood that payment of that amount for of the Project will be full, complete, and final compensation for the work required to complete the Project. The Bid price shall be delivered in a sealed package, within the time specified in the advertisement, to the following: Jean Tarbell, Executive Assistant City of Sebastian 1225 Main Street Sebastian, FL 32958 (772)388-8203 The package shall indicate clearly that it is the Bid and shall identify clearly the Bidder's name, and project description. The Bid shall be secured and unopened until the date specified for opening of the Bids. 0 ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) TO: City of Sebastian 1225 Main Street Sebastian, FL 32958 (772)388-8200 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Lift Station at Riverview Park, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by (Name of Person or Persons) on (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above-named documents. Principal Office Address: (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary.) Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner IR, (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? 11 (10) How many applications for performance and payment bonds have you made in the last three (3) years? (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, (Name of Bidder) (Authorized Signature) (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: Classification: Monetary Limit: *ATTACH A COPY OF APPROPRIATE LICENSES 1`a I:v Wr:IenavDja 04 (DRUG-FREE WORKPLACE FORM) The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 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' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, 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 Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no 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 Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Signature 13 ATTACHMENT (PUBLIC ENTITY CRIMES FORM) Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a 'convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 14 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting swom statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that 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, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "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. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (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. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The 15 ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) 16 Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2009 by (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. 1►F[M My Commission Expires: Commission Number: 17 ATTACHMENT (BID BOND) (This form provided by the City of Sebastian as an example of the form of bond; the actual bond must conform to the standards required by Florida Statutes) KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned As Bidder, and As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five percent (5%) of the Total Bid Amount which is $ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of 2009. The Condition of the above obligation is such that whereas the Bidder has submitted to the City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for CR 512 LANDSCAPING AND IRRIGATION. 0[slymI.I:It71 wo ip (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perforin the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS W-BEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name M Printed or Typed Bidder —Authorized Signature Surety LN Printed or Typed Bidder—Authorized Signature Bidder — Printed or Typed Name and Title Surety — Printed or Typed Name and Title U ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. $ 2 $ 3 $ 4. $ 5. $ 6. $ 7. $ TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $ PERCENT SUBCONTRACTOR PARTICIPATION: Name of BIDDER: ILLI ATTACHMENT 6 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. 1. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. 3. The Contractor shall consider the geotechnical data available from the City, if-qpy, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself. 4. The amounts that the Bidder has set forth for pipe installation includes the following excavation / trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. For Information Only, Not for Payment Purposes $ Bidder may use additional sheets as necessary to extend this form. 20 Failure to complete the above may result in the bid being declared non-responsive. 5. The amount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). 6. Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. Company Name and Title Address: Telephone:( ) 21 ATTACHMENT 7 — BID SHEET RIVERVIEW PARK LIFTSTATION The undersigned having become thoroughly familiar with all of the Agreement and Bidding Documents incorporated herein, the project site and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and fiunish all the equipment, labor and materials necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the Total Base Bid as stated below. The price quoted is inclusive of any Addenda which may be issued. By the signature below, the Contractor agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, the Contractor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the Total Base Bid submitted herein. Failure to execute the agreement as stipulated above may result in the forfeiture of the Bid Bond in its entirety. Lump Sum Total Bid $ The total time for completion of the lift station construction is consecutive calendar days after the commencement of work and shall constitute the contract term should this bid be accepted and approved by the City of Sebastian. Authorized Signature Firm Name & Address Printed Name Title Phone Number Date Signed 22