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HomeMy WebLinkAboutPavilion for East Riverview ParkMOF SE,SASiT�" HOME OF PELICAN ISLAND BID DOCUMENTS PAVILION FOR EAST RIVERVIEW PARK PREPARED BY CITY OF SEBASTIAN PUBLIC WORKS PARKS AND RECREATION DIVISION CONTACT: Mr. Chris McCarthy, Parks Superintendent Telephone: (772) 228-7054 Fax (772) 228- 7077 cmccarthy@cityofsebastian.org BID DOCUMENTS PAVILION FOR EAST RIVERVIEW PARK TABLE OF CONTENTS 1. NOTICE OF INVITATION TO BID 2. INSTRUCTIONS FOR BIDDERS 3. BID PROPOSAL PRICE FORM 4. SPECIFICATIONS 5. SPECIFICATIONS — WRITTEN 6. DRAwINGs 7. CONSTRUCTION SERVICES AGREEMENT 8. LOCAL VENDOR PREFERENCE 9. DRUG FREE WORKPLACE FORM 10. PUBLIC ENTITY CRIME FORM NOTICE OF INVITATION TO BID SEALED BIDS FOR A VENDOR TO DELIVER AND INSTALL A 28 FOOT HEXAGON PAVILION, CONCRETE PAD AND STAMPED ENGINEERED DRAWINGS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 UNTIL 2:00 P.M. ON THURSDAY, MAY 5, 2011. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: PAVH.ION FOR EAST RIVERVIEW PARK BID OPEN: THURSDAY. MAY 5.2011 AT 2:00 P.M. The City of Sebastian is seeking bids from Vendors for the delivery and installation of a 28 Foot Hexagon Pavilion, Concrete Pad, including stamped engineered drawing for East Riverview Park. Contractor shall be responsible for registering with the City of Sebastian Building Department for all applicable licensing and permitting needed for installation. Vendors interested in submitting a bid may pick up or request a bid package containing instructions for bidders and specifications from the City Manager's office located at City Hall on the second floor, at 1225 Main Street, Sebastian, Florida 32958. All items shall conform to the Bid Documents in their entirety and no bid shall vary from the Bid Documents unless specifically approved in advance in writing by the City. Any bids received without Public Entity Crime Form, Drug Free Workplace Form, Proof of Insurance (in amounts specified), may be considered incomplete and immediately disqualified. Appropriate forms are included in the information package for execution. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. Questions concerning this bid should be directed to Chris McCarthy, Parks Superintendent, 772-228- 7054 or by email: cmccarthvCa citvofsebastian.org All bids will be opened at 2:00 P.M. on Thursday, May, 5, 2011, at the address stated above in City Hall on the second floor in the conference room. Bids duly submitted will be publicly opened and read aloud at the date and time specified above in City Hall. The City reserves the right to rej ect any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. CITY OF SEBASTIAN 1. PRE-BID CONFERENCE (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) 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. 2. REQUIRED COPIES Two (2) sets of bids shall be submitted on the Bid Proposal Form provided, including any other forms, proofs, and documents as required. 3. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left comer) 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 maybe withdrawn by fax or telegraph provided that such notices are received prior to the date and time specified in the Invitation. W 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 EOUIPMENT 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. Two (2) 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- Contractor(s) must also be certified. 13. CORRECTIONS, CANCELLATIONS, & WITHDRAWAL A. Bidders may be askedto 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 ofthe 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. AVAH,ABI LrrY 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. LOCAL VENDOR PREFERENCE Per Section 2-11 of the Code of Ordinances, the City of Sebastian offers a Local Vendor Preference. The preference allows a local bidder to match a non -local low bid, if their bid amount is within 5% of the low bid. Local Vendor is defined as any vendor having a valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Okeechobee County, Osceola County or Brevard County and having its headquarters located in such area. A copy of the Local Vendor Preference is attached as hereto. 16. Some exceptions to the Local Vendor Preference may apply. 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. 17. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 18. BID GUARANTEE The Bidder wan -ants 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. 19. BID BOND (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) 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 two (2) 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 partto 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. 20. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A payment and Performance Bond equal to one hundred percent (100%) 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-Attomey. 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. 21. LIQUIDATED DAMAGES (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) The City shall be entitled to liquidated damages in the amount as shown in the project manual, 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 22. 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. 23. BID AWARD The contract/agreement will be awarded to the lowest responsive and responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City and by Florida statues. 24. 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, 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. 25. REFERENCES 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. 26. 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. 27. 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. 28. DISCRDUNATION 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. 29. 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. BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued. By the signature below, the Vendor agrees that this Bid Proposal 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 fav and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terns and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. 28 FT. BEXAGON PAVBdON PRICE S INSTALLATIONCONCRETE PAD PRICE S INSTALLATION OF PAVILION PRICE $ STAMPED ENGINEERED DRAWINGS PRICE S TOTAL BID PRICE NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED CONSECUTIVE CALENDAR DAYS. Authorized Signature Finn Name & Address Date Signed Printed Name Title SPECIFICATIONS FOR CEDAR FOREST PRODUCTS HSP28 PAVILION BUILDING STRUCTURE AS FURNISHED BY CEDAR FOREST PRODUCTS, COMPANY P.O. BOX 98, POLO, ILLINOIS, 61064, USA, PH. # 800-552-9495. Steel Shelter Pavilion shall be designed in strict accordance with the BOCA National Building Code (2008 Edition) using minimum live load 30PSF. Wind load must meet requirements for Sebastian, Florida 32958 which are 140 MPH and Exposure C. The building structures are pre cut, pre fabricated and shipped as components to a building package. No on site welding required. Any changes or departures from design shall be explained and documented by complete engineered drawings of a registered structural engineer at least seven day prior to bid date. Bidder must be a reputable manufacturer of pre fabricated buildings for at least two years, and must be able to show completed building of type specified if requested by the City of Sebastian. STRUCTURAL STEEL FRAME All structural members shall be fabricated from structural steel tubing conforming to ASTM A-500. All structural steel members shall be designed in accordance with the requirements of American Institute of Steel Construction (AISC) and American Iron and Steel Institute (AISI). METAL ROOF Pre cut, 24 gauge steel panel roof system shall conform to ASTM -A-446 and to be hot dipped galvanized with a substrate coating of G-90 per ASTM -A-525, UL90 rated. Panel configuration shall have a 1 '/a" high trapezoidal shaped major rib, tapering in width from a 1" to 3 ''A " wide at the base of the panel, Major ribs shall be on 12" centers. Two additional minor ribs shall be provided on 4" centers between the major ribs. Panel shall provide one purlin bearing leg and provide 36" net coverage. Standard paint system shall be siliconized modified polyester meeting the following specifications: 1. The primer paint coat must be pigmented with corrosion inhibiting pigments. It shall have a dry film thickness of 0.20 mils (.00020 inches) on both sides of the sheet. 2. The roofing exterior finish coats shall have a dry film thickness of 0.80 mils. + or - .1 (.00040 inches) over the primer, 3. The backer (interior) underside ceiling finish coat shall be white, and have a dry film thickness of 0.40 mils. + or - .1 (.00040 inches) over the primer. 4. Colors shall be manufacturer's standard — 26 colors to choose from. 5. Exterior finish shall have 25 year written warranty. Panels shall be attached to steel frame with self drilling screws per manufacturer's instructions. Trim shall be roll -formed steel with matching roof colors. SPECIFICATIONS FOR CEDAR FOREST PRODUCTS HSP28 PAVILION (continued) WELDING Certified welders shall perform all shop welding. All welding shall be performed in accordance with the American Welding Society (AWS) Structural Welding Code — Steel (AWS). The steel frame is prepared for finish by sand blasting all steel components to a near white condition (SP -10). They are then air blown and cleaned to remove any loose particles. Finish on steel frame is first painted with a PPG CRE -CT Epoxy Primer with a dry film thickness of 2.0 mils. Then finish painted using a PPG Tecstar acrylic modified alkyd enamel with polyurethane enhancer with a dry film build of 1.5 — 2.0 mils. STRUCTURE ERECTION Installation of the structure shall be done with a competent supervisor in the construction trades according to Cedar Forest Products installation instructions providing good construction practices and procedures. The general contractor is responsible for protection of material at destination. The contractor will be required to shim, cut and make adjustments of fitting for proper building erections. ENGINEERING Stamped engineered drawings are required for this project. Contractor is responsible for registering with The City of Sebastian Building Department for licensing and permits needed for installation. CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this _ day of , 2011, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City") and ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence in order to complete the Project; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall provide the Contractor with one hundred and twenty (120) days to substantially complete the project after the Notice to Process is issued. Failure to complete the project within these time parameters will result in liquidated damages, as provided in paragraph 25 this Agreement. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Design Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Design Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Design Specifications are established to provide detail and design specifications for the Project. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary forthe proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither parry has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. e. Federal and State Funding. If applicable, Contractor agrees to follow and provide all such required documentation as provided in the Contract Documents. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform the construction services in accordance with the Agreement Documents. 4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Design Specifications and site conditions, or any errors or omissions in the Design Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Design Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Design Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Design Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Design Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Design Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached "Bid Proposal Price Form", consisting of the Contractor's specified prices. At time of billing, the Contractor shall submit an invoice with the supporting documents that all work is complete and accepted by the City and that payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. Unit Price. The City reserves the right to increase or decrease the unit amounts at any time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents estimated quantities to complete the Work. If the City increases or reduces the Work, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Design Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor shall also provide detailed weekly schedules as required by the Design Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services required by this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards ofthe Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract: 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any 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. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each day that the project remain incomplete after the scheduled completion date provided in Paragraph 1. 26. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to cavy insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Sally A. Maio, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Signed, sealed and delivered In the presence of: Print Name: THE CM OF SEBASTIAN Al Minner City Manager CONTRACTOR an Name: Title: Print Name: alvoF SET HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 3295E TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 CITY OF SEBASTIAN LOCAL VENDOR PREFERENCE POLICY 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, Indian River County, County at the time a bid or proposal is submitted, and St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard Supp, N0.45 CD2:5 § 2-11 SEBASTIAN CODE 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 proposal. 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 firm in a proposal or bid submittal to the city will lose the privilege to claim local preference status for a period 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, personal property, general services, personal property, general services, 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. When a qualified and responsive nonfocal 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 nonfocal area business bidder. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a bid within five percent of the lowest bid by a nonfocal 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 bidder submits an offer that matches the lowest bid submitted, then the award shall be made to such local area 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 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 local area business accepts the opportunity to match the lowest bid of a nonfocal 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. Supp. No. 45 CD2:6 ADMINISTRATION § 2-11 (2) Iles. In the event of any tie in the final bid price between a 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 tie between a business located within the City of Sebastian and a business within the greater local area, the business located within the City of Sebastian shall be awarded the contract or receive the first opportunity to negotiate, as applicable. 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 to advertising the bid. The city council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (t) 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 Proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. 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. Supp. No. 45 CD2:6.1 § 2-11 SEBASTIAN CODE (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. (Ord. No. 0-09-13, §§ 1, 2, 10-14-09) Editor's note—Ord. No. 0-09-13, §§ 1, 2, adopted Oct. 14, 2009, repealed former § 2-11, and enacted a new § 2-11 as set out herein. The former § 2-11 pertained to similar subject matter. See the Code Comparative Table for complete derivation. Secs. 2-12-2-30. Reserved. does: DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that 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 ofthe 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. Date: As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature 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. 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. 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 sworn 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: ) 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. 5. 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 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. 7. 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. 8. 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) Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2011 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. Name: My Commission Expires: Commission Number: