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HomeMy WebLinkAboutITB Concrete Services1 INVITATION TO BID ITB #22-01 CONCRETE SERVICES ON AN AS-NEEDED BASIS WITHIN THE CITY OF SEBASTIAN PUBLIC WORKS/STORMWATER DEPARTMENT Contact Person Don Wixon Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: dwixon@cityofsebastian.org EVENT DATE TIME RELEASE DATE: Monday, November 1, 2021 - PRE-BID MEETING (Council Chambers) (NON-MANDATORY): Wednesday, November 10, 2021 10:00 AM, Local Time QUESTIONS (DEADLINE) DUE: Tuesday, November 16, 2021 2:00 PM, Local Time ITB DUE/BID OPENING: Tuesday, November 23, 2021 2:00 PM, Local Time PROPOSED SCHEDULE RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, December 15, 2021 6:00 PM, Local Time BID DELIVERY: City of Sebastian City Hall OR DemandStar.com Only 1225 Main Street Sebastian, Florida 32958 *Dates in this schedule occurring after the release date may be amended by the City. The City reserves the right to delay or modify dates and will notify Bidders/Bidders of all changes. It is the Bidder/Bidder’s responsibility to check for addenda associated with to this solicitation. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. 2 INVITATION TO BID City of Sebastian seeks bids from licensed contractors for MISCELLANEOUS CONCRETE SERVICES, ON AN AS-NEEDED BASIS WITHIN THE CITY OF SEBASTIAN. The Licensed Concrete Contractor shall furnish all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for providing services. This Invitation to Bid (ITB) and related documents are available for download online at www.cityofsebastian.org (Current Bids) or DemandStar.com A Non-Mandatory Pre-Bid Meeting will be held in the Council Chambers on Wednesday, November 10, 2021, at 10:00 AM., Local Time The deadline to submit questions concerning this ITB will be Tuesday, November 16, 2021, at 2:00 PM., Local Time Any and all questions should be emailed ONLY to the Procurement/Contracts Manager at dwixon@cityofsebastian.org All communication regarding this ITB shall be directed to the same point of contact. Contact by a Bidder (or anyone representing a Bidder) regarding this ITB with the City Council or a City employee/representative other than the point of contact listed above, shall be grounds for disqualification. ITB documents and any addenda may be obtained from sites listed above. It shall be the sole responsibility of the Bidder to determine if any addenda have been issued prior to submitting a Bid. All bids are due by Tuesday, November 23, 2021 at 2:00 PM., Local Time. Bidders have the option to submit electronically via DemandStar.com, OR physically (in-person or mailed). In-person or mailed submissions shall provide one (1) clearly marked original, one (1) copy and one (1) electronic copy on a USB drive, marked with the Bidder’s name and address, ITB number and title with Solicitation Opening date and time (lower left corner of envelope). All physical, in-person submissions must be delivered or mailed to THE FOLLOWING: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Late Bids will not be opened or announced. Bidders of late Bids have the option of picking up or paying for the mailed return of the unopened Bid. If this option is not exercised within five (5) days of the Solicitation Opening date, the late, unopened Bid will be disposed. The City reserves the right to reject any and all Bids, or to accept any Bid or portion thereof deemed to be at the sole discretion, of the City and to waive any non-substantial irregularities. By: Don Wixon, Procurement/Contracts Manager Advertised Date: Monday, November 1, 2021 The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. 3 TABLE OF CONTENTS INVITATION TO BID .................................................................................................................................... 2 TABLE OF CONTENTS ............................................................................................................................... 3 DEFINTIONS ................................................................................................................................................ 3 SECTION 1 – GENERAL INFORMATION ................................................................................................... 4 SECTION 2 – BID REQUIREMENTS .......................................................................................................... 5 SECTION 3 - INSTRUCTIONS TO BIDDERS ............................................................................................. 7 SECTION 4 – GENERAL CONDITIONS ..................................................................................................... 9 SECTION 5 - BIDDER QUALIFICATION QUESTIONNAIRE ................................................................... 19 SECTION 6 - TECHNICAL SPECIFICATIONS ......................................................................................... 22 SECTION 7 - BID PROPOSAL PRICE FORM .......................................................................................... 24 SECTION 8 – FORMS ................................................................................................................................ 26 BID SUBMISSION FORM & BID LABEL ............................................................................................... 26 CONTACT INFORMATION SHEET ...................................................................................................... 27 ADDENDA ACKNOWLEDGEMENT ...................................................................................................... 28 REFERENCE LIST ............................................................................................................................... 29 SUB-CONTRACTORS LIST .................................................................................................................. 30 BIDDER’S DISCLOSURE ..................................................................................................................... 31 DOCUMENT NOTIFICATION AFFIDAVIT ............................................................................................ 32 STATEMENT OF NO RESPONSE ........................................................................................................ 33 SOLICIATION INFORMATION FORM .................................................................................................. 34 DRUG-FREE WORKPLACE FORM ...................................................................................................... 35 PUBLIC ENTITIES CRIME FORM ................................................................................................. 36 - 39 SCRUTINIZED VENDOR CERTIFICATION FORM ....................................................................... 40 - 41 EXHIBIT A: SEBASTIAN CODE CHAPTER 90, ARTICLE III, DRIVEWAY CONSTRUCTION & REPAIR EXHIBIT B: DOCUMENT NOTIFICATIONS AFFIDAVIT, REFERENCED ON FORM “G” DEFINTIONS Invitation to Bid (”ITB”): This Solicitation document, including any and all addenda. Bid: Submission in response to this ITB. Bidder: Person or Bidder submitting a Bid in response to this ITB, “pre-award”. Contractor: Selected Bidder that is awarded a contract to provide the goods or services to the City, “post- award”. City: Refers to the City of Sebastian. Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the contract or agreement between the City and the Contractor. Responsible Bidder: Bidder that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the ITB. Responsive Bidder: Bidder whose Bid fully conforms in all material respects to the ITB and its entire requirement, including form and substance. Days: Refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. 4 1. SECTION 1 – GENERAL INFORMATION 1.1.1 SCOPE OF WORK The scope of work shall be to form, pour and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as-needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract, the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 1.1.1 Permitting Contractor is responsible for permit application and any associated fees for all required permits from the City of Sebastian and Indian River County. 1.2 MINIMUM REQUIREMENTS Bidders that do not meet the minimum requirements listed herein as determined by the City, at its sole discretion, will be deemed non-responsive and not considered for award. All decisions made by the City are final. All Bidders are required to attest in their Transmittal Letter that they meet the following requirements: 1. Contractor must be licensed by the State of Florida as a General Contractor; and 2. Contractor shall be registered with the City of Sebastian Building Department; and 3. Contractor must adhere to provisions of Sebastian Code Chapter 90, Article III, Driveway Construction and Repair and the FDOT Standard Specifications 2019 - 2020, or latest version; and 4. Contractor must have a minimum of five (5) years’ experience with similar projects; and 5. Contractor must have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year to coincide with the warranty requirement; and 6. Contractor must meet insurance requirements applicable to perform the services. 1.3 ESTIMATED BUDGET Budget for this project is estimated to be $50,000.00 annually. 1.4 PROJECT COORDINATION Contractor shall commit to participating in regularly scheduled (i.e. weekly or bi-weekly) project coordination meetings with the awarded vendors project’s designated representative and City’s Project Manager throughout the duration of the project and adhere to all CDC guidelines concerning COVID-19. END OF SECTION 5 2. SECTION 2 – BID REQUIREMENTS 2.1 TRANSMITTAL LETTER Bidder shall submit a letter of interest signed by an authorized representative to contractually obligate and bind the Bidder. The Bidder or authorized representative is attesting that the information provided is current and factual. The letter shall include the following: • Date • Name and address of Bidder • Name of Contact Person, telephone number and email address • Confirmation of Bidder meeting all minimum requirements listed in Section 1.2 TAB #1 – BID FORM & SCHEDULE 2.2 BID FORM Use the Bid Proposal Price Form to provide pricing for the Scope of Work (SOW) listed in Section 1.1. 2.3 SCHEDULE This is an annual contract schedule, and concrete services are on an as-needed basis within the City of Sebastian. TAB #2 – EXPERIENCE & REFERENCES 2.4 EXPERIENCE Provide a list of projects completed by Bidder to demonstrate the Bidder’s experience with similar projects in the State of Florida. Include pictures or notes to prove quality of work. Bidders can describe their techniques, equipment and sequencing of their operations. 2.5 REFERENCES Use Form D to list three (3) client references that can speak to the Bidder’s experience and performance, within the last five (5) years. References from public sector clients are preferred. NOTE: The City will send Reference Check Surveys via email to the references provided. TAB #3 – INSURANCE & LICENSES 2.6 INSURANCE A Certificate of Insurance (COI) is required in the Bid. NOTE: All coverages shall name the City as “additional insured.” The following insurance should be obtain and maintain, during the term of this agreement: General Liability Insurance: Not less than $2,000,000 Combined Single Limit per each occurrence. Automobile Liability: Not less than $1,000,000 Combined Single Limit. Worker’s Compensation: In accordance with Florida Statutes 440, maintain worker’s compensation insurance to the extent required by law for all their employees to be engaged in Work under this contract. 6 2.7 LICENSES Bidder shall provide a copy of a State of Florida General Contractor license. Contractor must be licensed by the State of Florida as a General Contractor. Contractor shall be registered with the City of Sebastian Building Department; TAB #4 – REQUIRED FORMS 2.8 FORMS All Forms required by the ITB shall be fully executed by the Bidder and submitted. Refer to Section 5. END OF SECTION 7 3. SECTION 3 - INSTRUCTIONS TO BIDDERS 3.1 CONE OF SILENCE Potential Bidders shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. Cone of Silence shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 3.2 REQUIRED COPIES One (1) clearly marked original, one (1) copy and one (1) electronic copy of the Bid shall be submitted. Please refer to the Bid Checklist (Form A) for guidance on all requirements. 3.3 SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left corner) the Bidder’s name and address, ITB number and title, along with the solicitation due date and time. The Bid shall be submitted no later than the solicitation due date and time mentioned on the Invitation to Bid. The City will not be responsible for opening any Bids that are not clearly marked. Bids shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be initialed by the Bidder in ink. Handwritten submissions must be legible. 3.4 BIDS NOT CONSIDERED Bids not considered are late submissions, telegraphed, emailed or faxed Bids and Bids which do not conform to the instructions contained in the Invitation to Bid. However, Bids may be withdrawn by fax or email, provided that such notices are received 3 days prior to the solicitation due date and time and confirmed by a telephone call. 3.5 LATE BIDS Late Bids will not be opened. Bidders have the option of picking up or paying for the mailed return of the unopened Bid. If this option is not exercised within five (5) days of the solicitation due date, the late unopened Bid will be disposed. 3.6 SOLICITATION OPENING Bidders are welcome to attend the solicitation opening; however, attendance is not mandatory. Bids shall be opened and publicly announced on the date, time and location specified on the Invitation to Bid, unless otherwise stated in the form of an addendum. Bids awarded will be posted within five (5) business days to DemandStar and the City’s website www.cityofsebastian.org, DemandStar.com. 3.7 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. It shall be the Bidder’s sole responsibility to ensure receipt of all addenda and acknowledge all addenda issued by checking the City Website www.cityofsebastian.org and DemandStar.com. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 3.8 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 top ranked Bidder, and the right to disregard all non-conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, Bidder 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 Bids. 8 3.9 BID GUARANTEE The Bidder shall warrant the unit prices, terms, and conditions quoted in the Bid will be for a period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms and conditions shall remain for the contract period. 3.10 CORRECTIONS, CANCELLATION, & WITHDRAWAL Bidders may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 3.10.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the Bid as this becomes a matter of responsiveness. The Bid shall be considered responsive if it substantially conforms to the requirements of the ITB. 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. 3.10.2. 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. 3.10.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the ITB in its entirety prior to award. 3.10.4 Withdrawal: Prior to any published bid opening date and time, a Bidder may withdraw his or her Bid in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. 3.105 Amendments: Prior to the published Solicitation due date and time, a Bidder may amend the Bid provided that it is in writing, in a sealed envelope, and identified, as required in the invitation to bid. 3.11 ITB AWARD The contract/agreement will be awarded to the lowest, most responsive and responsible Bidder who’s Bid, conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Bidder. 3.12 CONFIDENTIAL INFORMATION Pursuant to Section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Bidder wishes to remain confidential shall be submitted in a sealed opaque envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response to this ITB the Bidder agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 3.13 BID EXAMINATION In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working hours, by appointment only, by contacting the Purchasing Division 772-388-8231. END OF SECTION 9 4. SECTION 4 – GENERAL CONDITIONS 4.1 CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose any conflict of interest with their Bid, including the name of any employee, board member or elected official(s) of the City of Sebastian; Further, all Bids must disclose the name of any City employee or Council member, who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s Bidder or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 4.2 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon@cityofsebastian.org. Bidders must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, be sure to include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the timetable on the front page of this document. All responses to questions/clarifications will be published in the form of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addendum(s) will be made available on the City’s website (www.cityofsebastian.org) and DemandStar (http://www.demandstar.com) and it is the Bidder’s sole responsibility to assure receipt of all (if any) Addenda. 4.3 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in Bids received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Bidders. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the submission by giving a Bidder an advantage or benefit not enjoyed by other Bidders. 4.3.1. In no event will any such decision by the City be deemed to be a waiving of the required criteria for the requested services. 4.3.2. The Contractor who is selected for the Project will be required to fully comply with the Project criteria, regardless that a waiver was made. 4.3.3. Bidders shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Bidders means and methods, approach to Project, use of new products, and new uses for established products. 4.4 DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be reduced at the same ratio as the estimated costs of the Services. 4.5 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 10 4.6 SUSPENSION AND DEBARMENT City of Sebastian will not make award to parties listed on the government-wide exclusions in the System for Award Management (SAM). 4.7 CITY COUNCIL MEETINGS The awarded Bidder must be available to attend City Council meetings, when required. The awarded Bidder must be prepared to answer any questions and/or provide a presentation if requested by Council and/or authorized by City representative(s). 4.8 NOTICE TO PROCEED The Contractor shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Bidder to proceed with the Work has been issued by the City; unless the Contractor is directed in writing to perform emergency work that may be required in accordance with the provisions included elsewhere in this ITB and resulting Contract. 4.9 PAYMENT – FLORIDA PROMPT PAYMENT ACT Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 4.10 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. 4.11 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this ITB can be terminated immediately for cause if Contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days’ written notice to the Bidder. In the event of either termination, the Bidder shall be compensated for all services performed to the City’s satisfaction to that point in time. The City shall be sole judge of non-performance. 4.12 CO-OPERATIVE PURCHASING It is the intent of the 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 Bid by mutual consent and where applicable by law. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 4.13 DISCRIMINATION The Bidder shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, Bidders, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 4.14 SCRUTINIZED VENDOR CERTIFICATION Bidder certifies that it is not listed on (a) the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statues, or is engaged in a boycott of Israel; (b) the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or (c) is engaged in business operations in Cuba or Syria. Bidder further understands and accepts that any contract issued as a result of this Solicitation shall be subject to Section 287.135, Florida Statutes, and subject to immediate termination by the City in the event there is any misrepresentation or false certification on the part of Bidder. 11 4.15 E-VERIFY In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Certification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the Contractor must comply with the Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The Contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract (3) utilize E-Verify to verify the employment eligibility of all employees assigned to the Contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Information on registration for and use of the E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. 4.16 PUBLIC RECORDS Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. 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 thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the Bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL jwilliams@cityofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 4.17 PROTEST PROCEDURE Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the Bidder/Proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7) calendar days of initial decision. Stay of Procurement – In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. 4.18 LOCAL VENDOR PREFERENCE Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference, Ordinance No. 09-13 as set forth below: Sec. 2-11. Local Vendor Preference Policy (a). Definitions. (1) Local business means the vendor has: 12 a) A valid business tax receipt issued by the City of Sebastian, or by Indian River County, at the time a bid or Bid is submitted, and b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or Bid. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its Bidder in a Bid or bid submittal to the city will lose the privilege to claim local preference status for a period of two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, person property, general services, personal property, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business bidder. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a qualified and responsive bid within five (5) percent of the lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business submits an offer that matches the lowest bid submitted, then the award shall be made to such local business. If the lowest local area business bidder declines or is unable to match the lowest bids, then the option to do so moves to the next qualified and responsive local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive bidder. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business’s total bid amount required to match the lowest total bid. (2) Ties. In the event of any tie in the final bid price between a qualified and responsive local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively shall be awarded the contract or receive the first opportunity to negotiate as applicable. 13 (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. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, Bidders or corporations submitting bids or Bids. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. 4.1 COUNCIL MEETING Contractor must attend City Council meetings when required. Contractor must be prepared to answer any questions and/or provide a presentation if requested by Council and/or authorized by the City representative. The recommended Bidder has the option to attend City Council meeting for approval of award. Date and time of this meeting will be publicly released. 4.2 INDEMNIFICATION/HOLD HARMLESS The Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Contractor, its family, associates, contractors, agents, employees, customers and attendees. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. The selected Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The selected Proposer expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the selected Proposer shall in no way limit the responsibility to indemnify, 14 keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 4.3 METHOD OF PAYMENT 4.3.1 Florida Prompt Payment Act Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 4.3.2 Invoicing The City shall provide partial payments for Work completed by the Contractor during various phases of the Work assignment in accordance with the unit pricing provided in their bid submittal subject to an agreement maximum or not to exceed amount. The Contractor shall provide fully documented invoices, which indicates the listed basic information. It shall be understood that such invoices shall not be authorized for payment until work is inspected by the respective City representative and payment is approved. All invoices shall contain the following basic information: 4.3.2.1. CONTRACTOR INFORMATION: • The name of the business organization as specified on the Contract between City and Contractor • Date of invoice • Invoice number • Contractor’s Federal Identification Number on file with the State 4.3.2.2. CITY INFORMATION: • City Purchase Order Number 4.3.2.3. PRICING INFORMATION: • As stipulated on the “Bid Proposal Price Form” • Applicable discounts 4.3.2.4. GOODS OR SERVICES PROVIDED PER CONTRACT: • Description • Quantity 4.3.2.5. DELIVERY INFORMATION: • Delivery terms set forth within the City Purchase Order • Location and date of delivery of goods, Services or property Failure to submit invoices in the prescribed manner will delay payment. The City will pay the contract price minus any liquidated damages, back charges and/or other damages to the Contractor upon final completion and acceptance. 4.4 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian and or State or Federal appropriations. 15 4.5 LIQUIDATED DAMAGES 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 Work Order as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due to Contractor. 4.6 SITE INSPECTION AND DUE DILLIGENCE Bidders are required to visit the project site and become familiar with any conditions which may affect the work to be done or affect the equipment, materials and labor required to successfully complete the project, prior to submitting their bid. Moreover, Bidders are also obligated to carefully examine the project specifications and exercise due diligence regarding any and all pre- existing conditions at the project site which may in any manner affect the work to be performed under the Contract. No additional allowances shall be made due to the Bidder’s lack of knowledge of the project requirements and site conditions. The Contractor shall be responsible for inspecting and documenting the pre-existing conditions of the project site. Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the Contractor shall be repaired or replaced at the sole expense of the Contractor in a manner acceptable to the City. Such properties may include, but is not limited to, roads, driveways, sod, walls, underground utilities, trees, landscaping, etc. Prior to the commencement of Work, the Contractor shall submit to the appropriate City staff photographs and/or video recordings of any pre-existing damage to the roadways, driveways, tree trunks or limbs, approaches, sod, facilities, utilities and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the Contractor. Failure to properly document such pre-existing conditions and to submit said documentation as required, may render the Contractor liable to repair any such damage at no expense to the City. 4.7 FAILURE TO PERFORM In the event that the Contractor fails to commence work on the project on a timely manner or if the Contractor proceeds to work on the project in an inappropriate or protracted manner, the City may notify the Contractor to cease and desist all work on the project. If so, the City may pursue any and all remedies available to it including, but not limited to, requesting that the surety complete the work, calling on the next lowest responsive and responsible Bidder to finish the work or advertising for bids and award a new contract for the uncompleted work and charge any additional costs incurred by the City, regardless of the course of action chosen by the City, to the originally awarded Contractor. 4.8 WORK ACCEPTANCE This Project will be inspected by an authorized representative of the City. This inspection shall be performed to determine acceptance of Work, appropriate invoicing, and warranty conditions. 4.9 PROTECTION The Contractor shall be solely responsible for pedestrian and/or vehicular safety and guidance within the work site and shall provide the necessary warning devices, barricades and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area (i.e. Maintenance of Traffic). All safety devices must have suitable and sufficient lighting for the prevention of accidents and must meet the minimum standards mandated by Federal, State and local laws and regulations during all times until the project is completed and accepted by the City. 16 4.10 ACCIDENT PREVENTION AND BARRICADES All Contractors performing Services under Contract shall conform to all relevant OSHA, State and City regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. Barricades shall be provided by the Contractor, at their expense, when Work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. Contractor shall assume full responsibility for any damage to any mangroves, land or areas or to the owner or occupant of any contiguous land, areas, or property resulting from the performance of Services. Contractor shall cause a minimum of inconvenience to the public and to local business activities and shall ensure that the public roadways and any improvements in the vicinity of the work site remain open to the public, whenever it doesn’t pose a safety and/or health hazard. Contractor shall maintain suitable and sufficient guards, barriers and lighting for the prevention of accidents. The Contractor shall comply with all applicable minimum safety standards required by local, County, State and Federal regulations. 4.11 HOURS OF WORK & EMPLOYEE CONDUCT The Contractor may only perform work during the hours of 7:00 AM to 7:00 PM Monday-Friday and 8:00 AM to 5:00 PM Saturday-Sunday, excluding holidays. The Contractor shall ensure that all personnel assigned to work on this project on their behalf must be dressed appropriately and clean at all times. Any person who is present on the job site on behalf of the Contractor must be provided and display on their clothing proper identification at all times. All employees of the awarded Contractor shall be considered to be sole employees of the contactor at all times under the Contractor’s sole direction and not an employee or agent of the City of Sebastian. Moreover, the Contractor shall be solely responsible for the conduct and behavior of all persons working on their behalf on this project and the City may require the Contractor to remove any person it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on City property is not in the best interest of the City. The Contractor shall have an “On Duty” supervisor present at the job site who speaks and reads English at all times throughout the course of the project. 4.12 CLEAN UP All unusable materials and debris shall be disposed of in an appropriate manner. Upon final completion, the Contractor shall thoroughly clean up all areas where Work was done as mutually agreed upon with the City’s department requesting services. Contractor shall at all times, during the performance of Services, keep the Worksite free and clear of all rubbish and debris. Any material or waste generated by Contractor or its employees, agents and Subcontractors shall be removed and disposed of by the Contractor at its expense, to the satisfaction of the City. In the event Contractor fails to remove all rubbish, debris, materials and waste from the Worksite, the City may employ labor and equipment necessary to clear the site and charge Contractor for the City’s cost incurred cleaning the site. Contractor shall restore in an acceptable manner or replace all property, both public and private, which has been displaced or damaged by the Contractor during the execution of the work. Contractor shall leave the Worksite unobstructed and in a neat and presentable condition. The term “property” shall include, but is not limited to, roads, sidewalks, curbs, driveways, walls, fences, landscaping, awnings, utilities, footings and drainage structures. 17 4.13 EXCEPTIONS TO SPECIFICATIONS Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. 4.14 FEDERAL AND STATE REGULATIONS The Contractor shall comply with the latest edition of the Florida Building Code and all other applicable Federal, State and local rules and regulations that apply to the execution and satisfactory completion of the project. 4.15 LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY CONTRACTOR Unless otherwise provided in this Solicitation the Contractor shall furnish the following, including but not limited to, all labor, material, equipment, barricading, adequate supervision, and coordination for satisfactory Contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose stated in this Solicitation. All materials, Services, workmanship, and equipment shall be subject to the inspection and approval of the City’s Project Manager. 4.16 SUBCONTRACTORS AND EMPLOYEES The Bidder is required to identify any and all Subcontractors and/or suppliers that will be used in the performance of the proposed Contract and to clearly identify in their submission the percentages of Work to be performed by their subcontractors. 4.17 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in Bids received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Bidder. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price of the Bids by giving a Bidder an advantage or benefit not enjoyed by other Bidders. 4.17.1 In no event will any such elections by the City be deemed to be a waiving of the Project criteria. 4.17.2 The Contractor who is selected for the Project will be required to fully comply with the Project criteria for the Price Bid, regardless that the Solicitation may have been based on a variation from the Project criteria. 4.17.3 The Contractor shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Bidder’s means and methods, approach to Project, use of new products, and new uses for established products. 4.18 CO-OPERATIVE PURCHASING It is the intent of the Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Contractor accepts the right of other Government Entities to “piggyback” purchase from this ITB 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. 4.19 DISCRIMINATION The 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. 4.20 PUBLIC RECORDS Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. 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 thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the Bidder must 18 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. 4.21 SCRUTINIZED COMPANIES LISTS Contractor certifies that it is not listed on (a) the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statues, or is engaged in a boycott of Israel; (b) the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or (c) is engaged in business operations in Cuba or Syria. Contractor further understands and accepts that any contract issued as a result of this bid shall be subject to Section 287.135, Florida Statutes, and subject to immediate termination by the Clerk in the event there is any misrepresentation or false certification on the part of Contractor. 4.22 TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE The City reserves the right to suspend or terminate the agreement with or without cause provided at least five (5) days written notice of such termination given to the Contractor. END OF SECTION 19 BIDDER QUALIFICATION QUESTIONNAIRE SECTION 5 Name of Bidder (Printed):_______________________________________________________________ Name of Bidder (Written):_______________________________________________________________ General Contractor’s License # ________________________________________________ __________ ( ) An Individual ( ) A Partnership ( ) A Corporation Federal Identification #________________________________________________________________ Principal Office Address:_______________________________________________________________ (1) How many years has your organization been in business as a contractor under your present name? (2) How many years’ experience in road, utility, and concrete construction work has your organization had as a contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Please list Name of Project, Dollar, Amount of Project, Completion Date, Name Address, E-Mail Address, and Telephone Number of the Owner. 20 (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a concrete construction contract? If so, state name of individual, name of other organization, and reason therefore. (6) Has any officer or partner of your organization ever failed to complete any concrete construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? (10) How many applications for performance and payment bonds have you made in the last three (3) years? 21 (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Has your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner’s Name, Address. Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) A. The undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of non- responsibility with respect to such contractor. (SIGNATURE OF BIDDER)_____________________________________________________________ (TYPE OR PRINT COMPANY NAME)_____________________________________________________ (TYPE OR PRINT ADDRESS)___________________________________________________________ END OF SECTION 22 Technical Specifications Annual Concrete Work Contract SECTION 6 1. Scope of Work The scope of this specification is to form, pour and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 2. Related Documents Sebastian Code Chapter 90 Article III. Driveway Construction and Repair and the FDOT Standard Specifications 2019 – 2020, or the latest edition. 3. Special Terms and Conditions a. Contractor shall protect his work from the elements, traffic and pedestrians. b. Contractor shall warranty all labor and materials for a period of one (1) year. c. Each project will be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The City may inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. e. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list items have been cleared. 4. Detailed Specifications a. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4” thick or as requested by the Department) in accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. b. Materials: The concrete placed shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2019 - 2020, or the latest edition, Sections 345: for Class I concrete 3000 psi (minimum 28 day breaking strength in accordance with ASHTO T-023) with polypropylene fiber mesh (1-l/2bs/CY) thoroughly and uniformly mixed throughout. c. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or the city and compacted (95%) of the maximum density as determined by AASHTO T-99, prior to having any form work placed on it. The Contractor shall erect metal or wooden forms on lop of a prepared subgrade. All forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They 23 shall be straight and free from warps and bends, d. Expansion joints: Asphaltic felt expansion joints, (MOT current procedures are required with type II barricades and signage on all driveway and sidewalk closures). A" wide by 3- 1/2” deep are to be placed at specified intervals. They shall be rigidly held in place during the placement of concrete. e. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a carbide or diamond tip blade. Each joint shall be approximately l/8”-3/16” wide by 1” to 1 'A” deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15’ depending upon application. f. All concrete shall be installed in accordance with FDOT 2019 – 2020, or the latest edition. g. Driveways will be a minimum of 4” thick with a 6” thick footer, 1 foot wide at the edge of road pavement. Driveways will vary in width and length. END OF SECTION 24 BID PROPOSAL PRICE FORM SECTION 7 After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Invitation to Bid, I, the undersigned, hereby propose to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding the specifications as set forth herein for the unit prices as stated below. The price quoted below includes any addenda which may be issued. If there is any item you wish not to bid on please write “NO BID” in the Price per Square Yard column. Quantity of work shall be based upon each individual purchase order from the City. ANNUAL CONCRETE WORK AS DESCRIBED Concrete Quantity Percentage of Concrete Price Charged for Contractor’s Work Example, How To Bid XX SY 5% Concrete saw and Removal (4") 1- 60 SY Concrete saw and Removal (4") 61 -100 SY Concrete saw and Removal (4") 101 < SY Concrete Removal and replace W/Fiber(4")* 1- 60 SY Concrete Removal and replace W/Fiber(4")* 61-100 SY Concrete Removal and replace W/Fiber(4")* 101< SY Concrete W/Fiber(4")* 1-60 SY Concrete W/Fiber(4")* 61-100 SY Concrete W/Fiber(4")* 101< SY Concrete saw and Removal (6") 1-60 SY Concrete saw and Removal (6") 61-100 SY Concrete saw and Removal (6") 101< SY Concrete Removal and replace W/Fiber(6")* 1-60 SY Concrete Removal and replace W/Fiber(6")* 61-100 SY Concrete Removal and replace W/Fiber(6")* 101< SY Concrete W/Fiber(6")* 1-60 SY Concrete W/Fiber(6")* 61-100 SY Concrete W/Fiber(6")* 101< SY MISC Concrete* 1-5 CY MISC Concrete* 5.5-10 CY MISC Concrete* 10.5-15 CY MISC Concrete* 15.5-20 CY MISC Concrete* 20< CY Driveway Culvert Replacement (8" ADS") 1 LF Driveway Culvert Replacement (10" ADS") 1 LF Driveway Culvert Replacement (12" ADS") 1 LF Driveway Culvert Replacement (15" ADS") 1 LF Driveway Culvert Replacement (18" ADS") 1 LF 25 *All concrete is poured and formed in place, and finished Per FDOT Standard Specifications 2019 – 2020, or latest version. By the signature affixed below, the contractor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (15) consecutive calendar days’ notice by the City, and agree to all the terms and conditions of all documents stated herein, with the city of Sebastian, for the above stipulated price. This bid is a cost-plus contract where the contractor is paid for the actual cost of the Concrete plus a flat percentage fee for the job. The additional flat percentage fee is intended to cover the contractor's expense for providing and installing the concrete. An example is where the contractor is paid for the actual cost of the Concrete plus the percentage as designated in the contractor’s bid. Due to the fact this bid is a Cost per Square Yard plus percentage (%,) tickets verifying quantities and actual costs of the concrete shall be verified by the designated city representative before contractor’s invoice will be paid. Miscellaneous Concrete is defined as follows: flowable fill for a pipe crossing, filling in holes around under-ground drainage pipes, small pothole areas, and pad repairs. The quantity of work shall be based upon each individual purchase order from the City Shall determine the SY price and percentage (%) Firm Name:________________________________________________________________________ Firm Address:_____________________________________________________________________ Authorized Signature:_________________________________________________Title:_____________ Printed Name:____________________________________________________Date:____________ Office Phone::_______________________________Cell Phone:___________________________ 26 END OF SECTION SECTION 8 – FORMS “FORM A” BID SUBMISSION CHECKLIST & MAILING LABEL Please use the following checklist as a reference document to confirm all requirements are met in your ITB submission. This checklist must be submitted as part of the Bid submission. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this solicitation from prospective Bidders. It simply serves as a guide for the most significant documents to be included in the bid submission and should be enhanced as deemed necessary. It is solely the bidder’s responsibility to read and understand all requirements and adhere to all issued addenda. REQUIREMENTS ARE AS FOLLOWS: ______ _________ (Office, check if received): -Bid Submission Checklist and Mailing Label ___________________________________(Form A): -One (1) original copy of the bid package (bearing original signatures):________________________ -One (1) copy of the bid package:_______________________________________________________ -One (1) Electronic copy of bid package (USB):____________________________________________ -Bid Proposal Price Form (2 pages):_____________________________________________________ -Contact Information Form____________________________________________________(Form B): -Addenda Acknowledgement Form _____________________________________________(Form C): -Reference List Form ________________________________________________________(Form D): -Sub-Contractors List ________________________________________________________(Form E): -Bidder’s Disclosure_________________________________________________________ (Form F): -Document Notification Affidavit _______________________________________________(Form G): -Statement of NO Response__________________________________________________ (Form H): -Solicitation Information Form _________________________________________________(Form I): -Drug-Free Workplace ________________________________________________________(Form J): -Public Entities Crimes _______________________________________________(4 pages) (Form K): -Scrutinized Vendor Certification _______________________________________(2 pages) (Form L): Clearly mark the following on the outside of the sealed bid (i n lower left corner of envelope): Bidder’s Name: Bidder’s Address: Bid #: ITB #22-01 Bid Title: Concrete Services On An As-Needed Bid Opening: Tuesday, November 23, 2021 at 2:00 PM, Local Time IMPORTANT: Failure to submit the requested copies or complete and submit the required forms may result in submittal being deemed non-responsive and removed from consideration. 27 CONTACT INFORMATION FORM “FORM B” Failure to fully complete and submit this Information Sheet may result in rejection of the submittal DUE DATE: Bids due on or before 2:00 PM at City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Tuesday, November 23, 2021 @ 2:00 PM. Local Time Check Addenda for any revised opening dates before submitting your Bid. Bid(s) received, after the date and time stated above, will not be opened. ITB NO.: #22-01 RELEASE DATE: Monday, November 1, 2021 CONTACT: Don Wixon Procurement/Contracts Manager (772) 388-8231 dwixon@cityofsebastian .org ITB TITLE: CONCRETE SERVICES ON AN AS NEDED BASIS WITHIN THE CITY OF SEBASTIAN Bidder’s Name and “Doing Business As”, if applicable: Federal Tax Identification Number: Address: City: State: Zip Code: Telephone No: Fax No: E-Mail Address of Authorized Representative: I certify that I have carefully examined the ITB document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid/Bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid/Bid on behalf of the Bidder names above and that the Bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid/Bid and prices will remain Bidder for a period of ninety (90) days in order to allow the City adequate time to evaluate the bid/Bids __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) __________________________________________________________________ Title 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. 28 ADDENDA ACKNOWLEDGEMENT “FORM C” Bidder’s Name: Phone #: ITB Title: Concrete Services on an as-Needed Basis within The City of Sebastian ITB #: 22-01 Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their Bid to be considered non-responsive. To confirm the number of addenda (if any), Bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this Form may result in rejection of the submittal 29 REFERENCE LIST “FORM D” Bidder’s Name: List a minimum of three (3) client references that can speak to the Bidder’s experience and performance, within the last five (5) years. The City will send Reference Check Surveys via email to the references provided. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Failure to fully complete and submit this List may result in rejection of the submittal 30 SUB-CONTRACTORS LIST “FORM E” Bidder’s Name: Phone #: ITB Title: Concrete Services on an as-Needed Basis within The City of Sebastian ITB #: 22-01 NOTE: List all sub-contractors you invited to bid on this project, whether they were selected or not. If sub- Contractors will not be used on this agreement, check the box below. Form must be submitted with your Bid. Use additional sheets if necessary. The City reserves the right to reject any Bids if the Bidder names sub-Contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub-Contractor in order to make a determination as to the foregoing. Company Name Work To Be Performed Contact Person Telephone Number 1. 2. 3. 4. 5. 6. I affirm that sub-contractor(s) will not be used to complete projects under this agreement. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this Form may result in rejection of the submittal 31 BIDDER’S DISCLOSURE “FORM F” The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Bidder’s Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual ( ) A Partnership ( ) A Corporation (1) Has your Bidder or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? YES NO (2) Has your Bidder, or any member of your Bidder, been declared in default, terminated or removed from a contract or job related to the services your Bidder provides in the regular course of business within the last five (5) years? YES NO (3) Has your Bidder had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your Bidder provides in the regular course of business? YES NO (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. _____________________________________________________________________________________________ _____________________________________________________________________________________________ (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. ____________________________________________________________________________________________ _____________________________________________________________________________________________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. ********************************************************************************************************************************************** I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sebastian. Signature Date Failure to fully complete, sign and submit this Disclosure may result in rejection of the submittal 32 DOCUMENT NOTIFICATION AFFIDAVIT “FORM G” STATE OF ____________________ COUNTY OF __________________ I, acknowledge that I have legal authorization (Printed Name) to contractually bind _________, (Company Name) I acknowledge that as part of my response to this solicitation I have read and reviewed copies of the following documents/notifications, attached: • Conflict of Interest Disclosure, Exhibit B • Drug-Free Workplace Provisions, Form J • Public Entity Crimes Notification, Form K • Non-Collusive Affidavit, Exhibit B • Immigration Laws Notification, Exhibit B • Scrutinized Vendor Certification, Form L • No Lobbying Notification, Exhibit B • Debarment and Suspension Certification, Exhibit B I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above-referenced documents and that I acknowledge and accept that the above-referenced documents and all terms and conditions contained therein are included in the response to this solicitation. Signature Date The foregoing Affidavit was subscribed and sworn to before me this _____ day of _________________________, 2021, by __________________________________ who is personally known to me or who has produced _______________ as identification and who did take an oath. Notary Public Name: Notary Public Signature: Notary Commission Expiration: __________________ Failure to fully complete, sign and submit this Affidavit may result in rejection of the submit [Notary Seal] 33 STATEMENT OF NO RESPONSE “FORM H” If your Bidder is does not intend on submitting a Bid, please complete and return this form prior to the Solicitation Opening date shown herein. Return by email (dwixon@cityofsebastian.org) or by mail to: CITY OF SEBASTIAN ATTN: PROCUREMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company Name: Company Address: Phone Number: We are not responding to ITB #22-01 Concrete Services on an as-Needed Basis within The City of Sebastian for the following reason(s) (mark all that applies): Do not offer the good(s) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifications/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response Project/Budget too small Specifications unclear – too vague, rigid, etc. (please explain below) Other (please specify below) REMARKS ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________ _____________________________ Signature _____________________________ Print Name / Title _____________________________ Date 34 SOLICIATION INFORMATION FORM “FORM I” Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company’s Name: Company Address: Phone No: Please tell us how you found out this Invitation to Bid was released/available (mark all that applies): Indian River Press Journal (TC Palm) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) 35 DRUG-FREE WORKPLACE FORM “FORM J” The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________________ does: Bidder’s Name 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature ________________________ Print Name _____________________ Date _____________________________ Failure to sign and submit this Drug-Free Workplace Form may result in rejection of the Bid. 36 PUBLIC ENTITY CRIMES FORM “FORM K” Page 1 of 4 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 37 PUBLIC ENTITY CRIMES FORM “FORM K” Page 2 of 4 THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. ITB 22-01 for THE CITY OF SEBASTIAN. 3. This sworn statement is submitted by 4. (name of entity submitting sworn statement) whose business address is ___________________ 5. and (if applicable) its Federal Employer Identification (FEIN) is____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is _________________________________________ (please print name of individual signing) and my relationship to the entity named above is ___________________________________________________________________. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 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. 38 PUBLIC ENTITY CRIMES FORM “FORM K” Page 3 of 4 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.) 39 PUBLIC ENTITY CRIMES FORM “FORM K” Page 4 of 4 Sign: ________________________________ Print Name: __________________________ Date: ________________________________ STATE OF FLORIDA COUNTY OF __________________ The foregoing instrument was acknowledged before me this _____ day of ______________, _______ 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: Failure to fully complete, sign and submit this Public Entity Crimes Form may result in rejection of the Bid. 40 SCRUTINIZED VENDOR CERTIFICATION “FORM L” Page 1 of 2 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, on behalf of , (Printed Name) (Company Name) certify that, does not: (Company Name) 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. Failure to fully complete, sign and submit this Certification may result in rejection of the Bid. 41 SCRUTINIZED VENDOR CERTIFICATION “FORM L” Page 2 of 2 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the Council for goods or services may be terminated at the option of the Council if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Company name Signature Print name Title Date Failure to fully complete, sign and submit this Certification may result in rejection of the Bid.