HomeMy WebLinkAboutSod Materials - 2008cnv ��E
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HOME OF PELICAN ISLAND
1225. MAIN STREET • SEBASTIAN, FLORIDA 3295E
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
BID DOCUMENTS
SOD MATERIALS
Prepared By
PUBLIC WORKS DEPARTMENT
CONTACT:
Linda Kinchen, Administrative Supervisor (772) 228-7052
E -Mail: LKinchen(akityofsebastian.org
NOTICE OF INVITATION TO BID
SEALED BIDS TO FURNISH, DELIVER, UNLOAD AND INSTALL
SOD, AS REQUIRED, WILL BE ACCEPTED BY THE CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958,
UNTIL 2:00 P.M. ON JULY 31, 2008. BID ENVELOPES ARE TO
BE MARKED AS FOLLOWS:
BID: SOD MATERIALS
OPEN: July 31, 2008 Ca. 2:00 P.M.
The City of Sebastian is soliciting sealed bids from qualified vendors to furnish, deliver,
unload, and install various types of sod, and also perform other related work, in designated
locations within the City of Sebastian on an as needed basis. The term of the agreement shall
be for two (2) years, with automatic extensions thereof absent delivery by either party at least
thirty (30) days before each anniversary date of written notice of its intent to terminate, with a
maximum extended period of three (3) years.
The Vendor shall be properly licensed in the City of Sebastian, and shall show Proof of
Insurance to conduct its business, with all licenses, permits, and certificates as required by all
local, State of Florida, Federal agencies.
Firms interested in submitting a bid may pick up or request a bid package with Instructions for
Bidders and Specifications from the Office of the Public Works Department, (772) 589-5490. All
items bid shall conform to the Contract Documents in their entirety, and no bid shall vary from
the Contract Documents unless specifically approved in advance in writing by the City.
Any bids received without Public Entity Crime Form, Drug Free Workplace Form, or Proof of
Insurance (in the amounts specified in the Contract Documents) may be considered incomplete
and immediately disqualified. 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 the project should be directed to the Public Works Department 772-228-
7052. All prospective bidders agree not to contact (lobby) City Council Members, or any other
employee, agent of the City at any time during the solicitation period and selection process,
except by written inquiries to Linda Kinchen, Administrative Supervisor, Public Works
Department at lkinchen cityofsebastian.org or by mail at 202 Airport Drive, Sebastian, Florida
32958
Bids duly submitted will be publicly opened and read aloud at date and time specified above, in
the office of the Public Works Department. The City reserves the right to reject 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 - BID
SOD MATERIALS
TABLE OF CONTENTS
1. NOTICE OF INVITATION TO BID
2. BID PROPOSAL PRICE FORM
3. INSTRUCTIONS FOR BIDDERS
4. FORM OF AGREEMENT (ATTACHMENT "A") WITH:
(a) DRUG FREE WORKPLACE FORM
(b) PUBLIC ENTITY CRIMES FORM
5. TECHNICAL SPECIFICATIONS and SPECIAL CONDITIONS (ATTACHMENT `B'o
6. BIDDER'S QUALIFICATION QUESTIONNAIRE
IMPORTANT NOTICE TO BIDDERS!!!!!
SUBMIT TWO (2) SETS OF THE BID AS FOLLOWS:
1. BID PROPOSAL PRICE FORM COMPLETELY FILLED OUT AND SIGNED
2. BIDDER'S QUALIFICATION QUESTIONNAIRE
3. REFERENCES INCLUDING ADDRESS AND PHONE NUMBER TO CONTACT
4 • PROOF OF INSURANCE AS REQUIRED IN TILE INSTRUCTIONS FORBIDDERS
5. PROOF OF LICENSES
6. DRUG FREE WORKPLACE FORM EXECUTED
7. PUBLIC ENTITY CRIMES FORM EXECUTED
FAILURE TO SUBMIT THE ABOVE MAYSUBJECT YOUR BID TO REJECTION. READ AU OF THE BIDDING
DOCUMENTS PROVIDED AND THEN SUBMIT YOUR BID ACCORDMGLy
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2. Bid award(s) will be based either on the Lowest overall price for all the items or the Lowest price for Each Item,
providing the Bidder is both responsible and responsive. Therefore, each and every bid price must be ready to stand on
its own. The City of Sebastian reserves the right to award all the items to one firm or make multiple awards on a Low
price by item basis.
3. The Unit Prices quoted above shall be considered firmed for the duration of the contract and shall not be subject to any price
adjustment.
Authorized Signature
Firm Name & Address
PRO"MLWPn
Date
Bid Proposal Page 2 of 2
Printed Name
Title
Phone Number
CITY OF SEBASTIAN
INSTRUCTIONS FOR BIDDERS
1. PRE-BID CONFERENCE (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID)
A mandatory pre-bid conference shall be held at the City of Sebastian City Hall, at the time and date
specified in the Notice of Invitation to Bid. All prospective bidders are required to attend this
conference. Questions concerning the project or bid requirements may be addressed at this time.
2. REQUIRED COPIES
Two (2) sets of bids shall be submitted on the Bid Proposal Price 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 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 to Bid.
4.
Bids not considered are 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.
5. 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 at 772-589-5330.
7. REQUIRED INFORMATION
Bidders shall follow all instructions and provide all information requested on the Bid Proposal Price
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 shall 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 otherwise
stated.
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.
Should the successful Bidder permanently or temporarily hire any City employee who is, or has been,
directly involved with the Bidder prior to or during performance of the resulting contract, the
Agreement shall be subject to immediate termination by the City.
12. LICENSING, CERTIFICATION, AND/OR REGISTRATION
Contractors must show their current occupational license, as well as any licenses required by Chapter
489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department of
Agriculture and Community Affairs. All licenses shall be up to date.
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 Building Department 772-589-5537 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.
2
Two (2) copies of any license, or certification as required shall be submitted with the bidding
documents.
A certificate or letter showing compliance with the City's Contract Licensing requirements must be
obtained from the City's Building Department, and is required on this project prior to execution of a
contract, and shall be submitted to the Purchasing & Contract Administrator with any
payment/performance bonds which may be required. In essence, this authorizes you to perform work
in the City of Sebastian. Any Sub-Contractor(s) must also be certified.
13. CORRECTIONS, CANCELLATION, & 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 Purchasing & Contract Administrator may cancel or
postpone the 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 telephone call 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. AVAIIABILITY 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
3
SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, 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. BIDBOND (ONLYIF 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 two (2) copies of the Bid, failure to do so will automatically
disqualify the Bid. Unsuccessful bidders shall be entitled to a 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 (ONLYIF 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. In lieu of a bond(s) the contractor may fumish 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 of credit must be approved by the City.
Attomeys-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.
4
20. LIQUIDATED DAMAGES (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO
BID)
The City shall be entitled to liquidated damages in the amount of one hundred Dollars
($100.00) per day for every day that the Contractor is late in completing the work
requirements for each Phase as stipulated in the agreement, and bidding documents. Said
damages shall be deducted by the City from monies due Contractor.
21. INSURANCE
All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation,
and General Liability. Cost for all insurance shall be born by the bidder. All insurance shall be
acceptable to the City in its sole discretion.
22. BID AWARD
The contract/agreement will be awarded to the lowest responsive and/or 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. The Purchasing Agent shall issue a notice of award, if any, to successful bidders.
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, imbalanced, or conditional
Bids. More than one Bid from an individual, firm 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.
24.
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. DISCRINIINATION
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. PURCHASING CARD PROGRAM
The City of Sebastian has implemented a purchasing card program through Bank of America,
using the Visa network. Vendors may receive payment through the purchasing card program for
goods and services provided to the City in the same manner as other Visa purchases. Accordingly,
Vendors that wish to accept payments in this manner must indicate that they have the ability to
accept Visa or that they will take whatever steps are necessary to accept Visa before the start of
the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any
time, and assumes no liability for such action.
29. PUBLIC RECORDS
Florida law provides that municipal records shall at all times be open for personal inspection by
any person. Section 119.01 F.S., The Public Records Law. Information and materials received by
the City in connection with all Bidder's responses shall be deemed to be public records subject to
public inspection upon award, recommendation for award, or 10 days after the bid opening,
whichever occurs fust. However, certain exemptions to the public records law are statutorily
provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information
contained in his or her response is exempt from the Public Records Law, then the Bidder must in
his or her response specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption, otherwise, the City will treat all materials received as public
records.
R
ATTACHIWIVT 6A'
SOD MATERTAT,S
SERVICES AGREEMENT
AGREEMENT
THIS AGREEMENT, made this day, , 2008 by and between the
City of Sebastian, a political subdivision of the State of Florida (hereinafter called the
"City"), and
or its successors, executors, administrators, and assigns (hereinafter called "Supplier").
WITNESSETH:
The City and Supplier for good and valuable consideration as hereinafter set forth, do
mutually agree as follows:
Scope of Services:
Supplier agrees that on "as -needed" basis and in accordance with all applicable
codes and in full compliance with the TECHNICAL SPECIFICATIONS and SPECIAL
CONDITIONS attached hereto as ATTACHMENT `B" to perform as follows:
(a) Furnish, deliver and unload sod meeting or exceeding the requirements
described in ATTACHMENT `B" attached hereto, or
(b) Furnish, deliver, unload, perform other related work and install sod meeting or
exceeding the requirements described in ATTACHMENT `B" attached
hereto.
All to be done on a timely basis upon order of the City.
2. Contract Sum and Payment to Supplier:
Contract Sum: During the term of this Agreement, the City shall pay Supplier the
following unit prices:
I) Furnish, deliver and unload the material
1) Bahia -Argentine $ _/SF
2) Floratam $ _/SF
3) Bermuda 419 Certified $ /SF
II) Furnish, deliver, unload, install the material and perform
other related work
1) Bahia -Argentine $/SF
2) Floratam $ _/SF
3) Bermuda 419 Certified $ /SF
Prices are firm charges, inclusive of loading, unloading and delivery and all other
charges. The City shall make payment within 30 days of proper invoicing.
3. Supplier's Obligations:
(a) Supplier shall supervise and have control over means, methods,
techniques, sequences and procedures for supplying and coordinating delivery and/or
installation of the Materials, unless to the terms of this Agreement give other specific
instructions concerning these matters.
(b) Unless otherwise provided in the Agreement, Supplier shall pay all sales,
use and other similar taxes and shall secure and pay for all permits and governmental
fees, licenses and inspections necessary for proper execution and completion of its
obligations hereunder.
(c) Supplier shall enforce strict discipline and good order among Supplier's
employees and other persons carrying out its obligations hereunder.
(d) Supplier currently holds and shall maintain at all times during the term of
this Agreement all required federal, state and local licenses necessary to perform its
obligations hereunder.
(e) Supplier shall be responsible to the City for the acts and omissions of
Supplier's employees, SubSuppliers and their agents and employees, and other persons
performing its obligations hereunder under a contract with Supplier.
4. City's Obligation:
The City shall, during the term of this Agreement, utilize Supplier as its first
source for the Materials and/or Work. However, should the City, in its sole judgment,
determine that Supplier is unable to provide the Material and/or Services hereunder in a
reasonable time, the City may then buy the needed Material and/or Services on the open
market to allow completion of the project at hand in a timely manner.
S. Warranty:
Supplier warrants to the City that all Materials and Services furnished under this
Agreement shall be free from any and all defects and will conform with the requirements
of the Agreement. Materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
Acceptance and utilization of the Materials at the site shall not absolve Supplier of this
Warranty.
2
6. Term:
The term of this Agreement shall be for one (1) year from the date hereof, with
automatic extensions thereof absent delivery by either party at least thirty (30) days
before each anniversary date of written notice of its intent to terminate, with a maximum
extended period of three (3) years.
7. Termination:
(a) For Cause: Except for the specific default provisions for delivery set forth
in Attachment `B", if Supplier fails to perform a provision of this Agreement, the City,
after ten (10) days written notice to Supplier and without prejudice to any other remedy
the City may have, may terminate this Agreement.
(b) Without Cause: The City retains the right to cancel this Agreement at any
time, with or without good cause, upon sixty (60) days written notice to Supplier when
such termination is deemed by the City Council to be in the public interest.
(c) Payment Upon Termination: In the event of tennination as provided
herein, Supplier shall be paid for Materials delivered through the date of termination less,
if termination is for cause, damages incurred by the City as a result of Supplier's failure
to cavy out its obligations under the terms of the Agreement.
8. Indemnity:
To the fullest extent permitted by law, Supplier shall indemnify, defend and hold
harmless the City and the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees, arising
out of or resulting from performance of the Agreement, except for injuries, damages or
claims which are the result of the sole negligence of the City, its agents, servants, or
employees, and Supplier shall at its own cost and expense defend the City against any
such claim, suit, action or proceeding which may be commenced against the City by
reason thereof. Supplier hereby acknowledges that the obligations imposed upon the City
and the terms of this Agreement are the specific consideration for the indemnification
provided herein.
9. Insurance:
Supplier shall procure and maintain during the life of this Agreement insurance of
the types, and subject to the limits, set forth below. Supplier shall also provide the City
with evidence of this insurance prior to commencement of deliveries in the form of
Certificates of Insurance, which shall be subject to the City's approval for adequacy.
3
(a) Workers' Compensation: Supplier shall purchase and maintain, from a
company or companies lawfully authorized to do business in Florida, workers'
compensation insurance for protection from claims for damages because of bodily injury,
including death, which may arise out of or result from Supplier's operations under this
Agreement, whether such operations be by Supplier or by SubSuppliers or by anyone
directly or indirectly employed by any of the above. This insurance shall be written for
not less than the limits of liability required by law, and Coverage B, Employer's
Liability, shall be written for a minimum liability of $100,000.00 per occurrence.
(b) Commercial General Liability: Supplier shall provide and maintain during
the life of this Agreement, at Supplier's own expense, Commercial General Liability
insurance on an occurrence basis for a minimum of $1,000,00.00 per occurrence for
claims of bodily injury including death, and $500,000.00 for property damage.
(c) Commercial Auto Liability: Supplier shall provide and maintain during
the life of this Agreement, at Supplier's own expense, Commercial Auto Liability
insurance on an occurrence basis for a minimum $1,000,000.00 per occurrence for claims
of bodily injury, including death, and $300,000.00 for property damage.
10. Assignment:
Supplier shall not assign this Agreement to any other persons or firm without first
obtaining the City's written approval.
11. Notices:
All notices, requests, consents, and other communication required or permitted
under this Agreement shall be in writing and shall be (as elected by the person giving
such notice) hand delivered by messenger or courier service, or mailed by registered or
certified mail (postage prepaid) return receipt requested, addressed to:
IF TO THE CITY: City of Sebastian
Attn.:City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO: City Attorney
Same address
IF TO SUPPLIER:
4
12. Time:
Time is of the essence in the performance of this Agreement and timely
performance is a material term hereof.
13. Conflict oflnterest:
Supplier represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of its
obligations hereunder, as provided by law. Supplier further represents that no person
having any such interest shall be employed in performance of the Agreement.
14. Compliance With All Applicable Federal Laws:
Supplier shall comply with all applicable federal laws that in any way regulate or
impact performance of its obligations hereunder.
15. Entire and Sole Agreement:
Except as specifically stated herein, this Agreement constitutes the entire
agreement between the parties and supersede all agreements, representations, warranties,
statements, promises and understandings not specifically set forth herein. Neither party
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 herein.
16. Successors and Assigns:
Except as otherwise provided in the Agreement, all covenants and agreements of
the parties contained in the Agreement shall be binding upon and inure to the benefit of
the respective successors and assigns of the parties.
17. Remedies:
No remedy herein conferred upon any party is intended to be exclusive of any
other remedy and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise.
5
18. Drug -Free Workplace Form
This Agreement includes the "Drug -Free Workplace Form" which must be
completed, signed and submitted by Supplier to certify compliance with Florida Statute
287.087 Drug -Free Workplace Program requirements.
19. Governing Law:
The Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Florida, and venue for any action pursuant to the Agreement
shall be in Indian River County, Florida.
20. Amendments:
Neither the Agreement 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.
21. Waiver:
The failure of any of the parties at any time to require performance of any
provision of the Agreement shall in no manner affect the right of such party at any later
time to enforce or require the same unless waived in writing. No waiver by any party of
any condition or breach shall be construed to be a waiver of any other condition or any
other breach of any term, covenant or warranty contained in the Agreement.
22. Conflict:
In the event of any conflict between the provisions of this Agreement and any
attachments hereto, the provisions of this Agreement shall prevail.
IN WITNESS WHEREOF, the City has hereunto subscribed and Supplier has affixed its
name on the date first set forth above.
I:y11 M11M I�Lyflll`Z�7�.Ye7:7:R�111"Mil
Sally A. Maio, ry4 h1(
City Clerk
Al Minner, City Manager
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
By:
Its:
CORPORATESEAL
Secretary
that
does:
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
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 I through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date:
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 for category two, 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 OUOTE 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.
1
PA
This sworn statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
This sworn statement is submitted by
(name of
sworn statement) whose business
its Federal Employer Identification (FEIN) is
no FEIN, include the Social Security Number of the individual
statement: )
entity submitting
address is
and (if applicable)
(If the entity has
signing this sworn
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.
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(I)(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.
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.)
Date:
STATE OF FLORIDA
COUNTY OF
(Signature)
The foregoing instrument was acknowledged before me this day of ,
2008 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.
My Commission Expires:
Commission Number:
A 3 TACHM-FN 1 W
S
AND SPECIAL CONDITIONS
SOD MATERIALS
TECHICAL SPECIFICATIONS AND SPECIAL CONDITIONS
FOR SOD DELIVERY AND INSTALLATION
Sod shall comply with Florida Department of Transportation Standard Specifications for
Road and Bridge Construction, 1996 Edition, Section 981. The thickness of cut sod shall
be two (2) inch thick minimum and shall have a muck back. The Contractor must d able
to supply and complete installation within 48 hours of notification Contractor
the City. The sod
Contractor shall provide labor to rake areas to receive sod prior n placement. Sod that
appears extremely dry, dead, or contains clumps of foreign vegetation or several weeds
shall be rejected. If quality of the sod is inferior, or the Contractor does not provide the
sod in accordance with this contract, then the City may terminate the contract and re -
award it to the next lowest bidder, or re -bid the annual contract. If the City chooses d re-
bidthe contract it shall maintain the right to purchase sod using purchase orders based on
Price quotes from local area contractors until such time as
an annual contract. another bid award is made for
The contractor shall be required to remove all partial and empty pallets from
delivery locations immediately upon completion of installation.
The Contractor shall be back charged $1.00 per pallet per day for full and/or partial
Pallets left on site more than 24 hours after completion of sod installation.
The Contractor shall be responsible for removing all dirt and debris from the
streets and sidewalk immediately upon completion of installation.
The Contractor/vendor shall be responsible for raking and repairing all ruts in the
swages and Swale flow lines disturbed by the contractor/vendor resulting from the
unloading of the sod and/or placement of the sod pallets prior to laying the sod.
Full or empty pallets of sod shall not be placed in the Swale flow lines at any time.
Invoices for sod should bear the name, address, and phone number of the Contractor, the
date of the order, the ticket number, the name of the person from the City who phoned in
the order, the site destination, the type of sod,
delivered, and if installed. amount of pallets and square footage of sod
The City of Sebastian will not be bound by any exact quantities on this bid. Quantities are
estimated and may increase or decrease based on the needs of the City. No minimum
order shall be required at any time.
The Contract may be renewed for three (3) additional one (1) year periods as detailed in
the Service Agreement.
Page 1 of 2
TECIUCAL SPECIFICATIONS AND SPECIAL CONDITIONS
FOR SOD DELIVERY AND INSTALLATION
QUANTITIES
The City shall not be bound by any exact minimum or maximum quantities, as they vary
from year to year. Therefore, the Bidder shall bid on a unit price basis per each type of
sod listed on the Bid Form. To assist the Bidder in preparing his/her Bid, however, the
City estimates approximately the following quantities of the materials listed below will
be needed during the 05/06 Fiscal Year:
1) Bahia -Argentina 150,500 Square Feet
2) Floratam 70,500
3) Bermuda 419 Certified 4,000
Square Feet
5) Bermuda Square Feet
Grass Sprigs 300 Bushels
The City's annual estimated quantities of materials provided above are for bid evaluation
and award purposes only and do not constitute any guarantee to the Contractor of the
City's requirements. The actual quantities, for any and all types of sod materials listed
above, may exceed or may be lower than the quantities shown above, nor is there an
obligation to purchase any materials at all. The amount of quantities used in any given
year of the Contract will solely be determined on an as -needed basis. The minimum
quantity may be as small as one pallet of sod per day, but there is no guarantee that any
sod will be needed on any given day, Therefore, the Bidder shall not assume for bidding
purposes that a pallet or truckload of pallets of sod shall be furnished to the City on a
daily basis. Materials shall be fiunished strictly on a demand of as -needed basis.
The City reserves the right to reject any sod it deems unsuitable and substandard to the
specifications contained herein. The City will not pay for any rejected sod. Removal and
replacement of rejected sod shallbe at the Contractor's expense.
Page 2 of 2
BIDDER'S QUALIFICATION OUESTIONNAiRF
NAME OF FIRM
THE UNDERSIGNED GUARANTEF.R TNF 'rat 7777 AX, . _: _
8. Indicate the $ amount of sales of your firm for year 2006:
8.1 Indicate the $ amount of sales of your firm for year 200rl.
9. List names and titles of the officers, or partners of your firm:
Authonud signature
Printed Name
Date