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BID DOCUMENTS
SPECIAL NEEDS PLAYGROUND EQUIPMENT
FOR FRIENDSHIP PARK
CONTACT: Mr. Chris McCarthy, Superintendent (772) 388- 4401
City of Sebastian Public Works Parks and Recreation Division
cmccarthy@cityofsebastian.org
TABLE OF CONTENTS
1. Bid Proposal Form
2. Notice of Invitation To Bid
3. Drug -Free Workplace Form
4. Public Entity Crime Form
5. Bidder Qualification Questionnaire Form
6. Instruction For Bidders
7. Agreement
8. Bid Specifications — Exhibit "A" to Agreement
IMPORTANT NOTICE TO BIDDERS
SUBMIT TWO (2) SETS OF THE BID AS FOLLOWS:
1. Completed Bid Proposal Form
2. Proof of Insurance as Required
3. Drug -Free Workplace Form Executed
4. Public Entity Crime Form Executed
5. Bidder Qualification Questionnaire Form
FAILURE TO SUBMIT THE ABOVE MAYSUBJECT YOUR BID TO REJECTION.
READ ALL OF THE BIDDING DOCUMENTS PROVIDED AND THEN SUBMIT
YOUR BID ACCORDINGLY.
Bid Proposal Price Form
Special Needs Playground Equipment
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby
proposes to perform everything required to be performed in strict conformity with the requirements of these
documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s)
quoted is (are) inclusive of any Addenda which may be issued.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding,
agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the
bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor
agrees to enter into said agreement within ten (10) consecutive calendar flays notice by the City, and agrees to all the
terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which
shall remain firm for sixty (60) days following bid opening date. '
PLAYGROUND PRICE
SWING SET PRICE
RUBBER SAFETY FLOORING FOR BOTH UNITS
INSTALLATION CHARGES FOR BOTH UNITS
FREIGHT CHARGES FOR BOTH UNITS
TOTAL PRICE
AWARD SHALL BE MADE TO THE BIDDER THAT SUBMITS THE LOWEST LUMP SUM PRICE OR LOWEST ALTERNATE LUM
SUM PRICE PROVIDING THAT THE BIDDER IS BOTH RESPONSIVE AND RESPONSIBLE.
NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED
CONSECUTIVE CALENDAR DAYS.
Authorized Signature
Firm Name & Address
Date Signed
Phone Number
Printed Name
Title
NOTICE OF INVITATION TO BID
SEALED BIDS FOR A VENDOR TO DELIVER AND INSTALL
SPECIAL NEEDS PLAYGROUND EQUIPMENT, WILL BE
ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET,
SEBASTIAN, FLORIDA 32958, UNTIL 2:00 P.M., TUESDAY,
JUNE 2, 2006. BID ENVELOPES ARE TO BE MARKED AS
FOLLOWS:
BID: SPECIAL NEEDS PLAYGROUND EQUIPMENT
OPEN: June 2, 2006
The City of Sebastian is seeking bids from Vendors for the delivery and
installation of Special Needs Playground Equipment.
Firms interested in preparing a bid may pick up or request a complete bid
package from the Office of Public Works 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.
Questions concerning this project should be directed to Chris McCarthy,
Superintendent (772) 388-4401.
Bids duly submitted will be publicly opened and read aloud at date and time
specified above, in Sebastian City Hall. 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.
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
Date:
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Signature
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form sworn statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including
proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal.
If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will
ship commodities and receive payment from the resulting Agreement, it is your
responsibility to see that copy(ies) of the form are executed by them and are included
with your quote, bid, or proposal. Corrections to the form will not be allowed after the
quote, bid, or proposal opening time and date. Failure to complete this form in every
detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -
133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes,
requires the Florida Department of General Services to maintain and make available to
other political entities a "convicted vendor" list consisting of persons and affiliates who
are disqualified from public and purchasing process because they have been found guilty
of a public entity crime. A public entity crime is described by Section 287.133, Florida
Statutes, as a violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity in Florida or with an
agency or political subdivision of any other state or with the United States, including, but
not limited to, any bid or Agreement for goods or services to be provided to any public
entity or with an agency or political subdivision and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or
transact any business in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for category two (currently $10,000) with any person or affiliate on the
convicted vendor list for a period of 36 months from the date that person or affiliate was
placed on the convicted vendor list unless that person or affiliate has been removed from
the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide
goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement
with the Contract/Agreement officer or Purchasing Director, as applicable. The attached
statement or affidavit will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer oaths and properly
executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS.
NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION
OF YOUR QUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1.
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This sworn statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
This sworn statement is submitted by
submitting sworn
applicable) its
Number of the
(name of entity
statement) whose business address is
and (if
Federal Employer Identification (FEIN) is
(If the entity has no FEIN, include the Social Security
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.
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.)
Date:
STATE OF FLORIDA
COUNTY OF
(Signature)
The foregoing instrument was acknowledged before me this day of
2006 by
partnership), a
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(title) on behalf of (name of
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:
BIDDER QUALIFICATION QUESTIONNAIRE
Submitted by
Name of Bidder
General Contractor's License #
Federal Identification #
Principal Office Address:
( ) An Individual
( ) A Partnership
( ) A Corporation
(1) How many years has your organization been in business as a contractor under your
present name?
(2) How many years experience in road and utility 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.
Proj ect Contract Required Actual Name/Address/Tel
Title Amount Completion Date Completion Date of Owner
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(4) Have you ever failed to complete any work awarded to you? If so, where and why?
(5) Has any officer or partner of your organization ever been an officer or partner of some
other organization that failed to complete a construction contract? If so, state name of
individual, name of other organization, and reason therefore.
(6) Has any officer or partner of your organization ever failed to complete any 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?
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(10) How many applications for performance and payment bonds have you made in the last
three
(3) years?
(11) How many of these applications were not approved?
(12) Have any claims been filed against your surety bond company in the last five (5) years? If
so, describe the nature of the claims and give the names of the surety companies, dates of
each claim, identifying numbers of each claim, amounts of each claim, and the status of
each claim. (Use additional sheets if necessary.)
(13) Have 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.)
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I, the undersigned, do hereby declare that the foregoing
statements are true and correct, all as of the date hereinafter
set forth, and that those examining this document have my
permission to contact any or all of those parties listed in this
questionnaire. Incorrect or misleading statements in this
questionnaire shall be grounds for a determination of
nonresponsibility with respect to such contractor.
(SIGNATURE OF BIDDER)
(TYPE OR PRINT COMPANY NAME)
(TYPE OR PRINT ADDRESS)
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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
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 Kathy Nappi, the Administrative Assistant at 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.
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.
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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. AVAILABILITY OF FUNDS
The obligations of the City of Sebastian under this award are subject to the availability of
funds lawfully appropriated for its purpose by the City Council of the City of Sebastian.
15. PUBLIC ENTITY CRIMES
Any person or firm submitting a bid in response to this invitation must execute the
attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA 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
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The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be
firm for acceptance for a period of not less than sixty (60) days from the bid opening
date. Such prices will remain firm for the period of performance of resulting purchase
orders or contracts which are to be performed.
18. BID BOND (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID)
A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project,
and must be submitted along with 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
NOTICEOF 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 furnish as
security in favor of the City a certified check, a cashiers check or an irrevocable letter of
credit.
The check or letter of credit shall be drawn on or issued by a bank authorized to do
business in the State of Florida. The form of the check or letter of credit must be
approved by the City.
Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated
copy of their Power - of Attorney. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended), and be authorized to
transact business in the State of Florida.
20. LIQUIDATED DAMAGES (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
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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
References are required and must be submitted with the Bid proposal form. Failure to
submit references as required may disqualify your Bid. Name and phone number to
contact shall be included.
25. LIST OF SUB -CONTRACTORS
A list of Sub -Contractors is required and must be submitted with the Bid proposal.
Failure to submit a list of Sub -Contractors may disqualify your Bid.
26. CO-OPERATIVE PURCHASING
It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by
the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other
Government Entities to "piggyback" purchase from this proposal by mutual consent. Any
such purchase shall be separate and apart from the City of Sebastian, and said City
assumes no liability for such action.
27. DISCRIMINATION
The Bidder/Contractor shall not practice or condone personnel or supplier discrimination
of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws
and regulations.
28. 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 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, 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.
SERVICES AGREEMENT
THIS AGREEMENT made this day of , 2006, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
("City") and
("Contractor."), set forth that
WHEREAS, the City desires to engage a Contractor who has special and unique competence in
the sale and installation of handicapped play equipment which erected at the Friendship Park, Sebastian,
Florida; and
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance
with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS)
consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders,
Addenda if any, any other documents listed in the Agreement Documents, and written modifications
issued after execution of this Agreement, if any.
(a) Intent. The Specifications are an integrated part of the Contract Documents and as such
will not stand alone if used independently. The Specifications establish minimum standards of quality for
this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement
Documents is to set forth requirements of performance, type of equipment and structures, and standards
of materials and construction. It is also intended to include all labor and materials, equipment, and
transportation necessary for the proper execution of the Work, to require new material and equipment
unless otherwise indicated, and to require complete performance of the Work in spite of omission of
specific reference to any minor component part and to include all items necessary for the proper
execution and completion of the Work by the Contractor. Performance by the Contractor shall be required
only to the extent consistent with the Agreement Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents
1
constitute the entire agreement between the parties and supersede all other agreements, representations,
warranties, statements, promises, and understandings not specifically set forth in the Agreement
Documents. Neither 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
in the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written agreement.
Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which enforcement of the
change, waiver, discharge or termination is sought.
(d) Construing Terms. This Agreement shall not be construed against the party who drafted the
same, as both parties have obtained experts of their choosing to review the legal and business adequacy
of the same.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and
the Contractor hereby agrees to perform professional services for the City by selling and properly installing
handicapped play equipment which shall be erected at the Friendship Park, Sebastian, Florida, more
specifically described in Exhibit "A", which is attached hereto and incorporated herein by this reference.
4. SPECIFICATIONS AND RELATED DATA. The intent of the Specifications, Work Orders and other
Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and
transportation necessary for the proper execution of the Work unless specifically noted otherwise. The
Contractor shall do all the work described in the Specifications and other Contract Documents and all
incidental work considered necessary to substantially complete the Work ready for use, occupancy, or
operation in a manner acceptable to the City.
Any discrepancies found between the Specifications and site conditions, or any errors or
omissions in the Specifications, shall be immediately reported to the City. The City shall promptly
determine the validity and seriousness of the claimed condition and correct any such error or omission in
writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Specifications may be made by the City when such
correction is necessary for the proper fulfillment of their intention as construed by City. Where said
correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of
work to be done by the Contractor, compensation for said additional work shall be negotiated between the
parties and must be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Specifications, whether
2
intentionally or otherwise, when the same usually and customarily required to complete fully such work as
is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra
compensation, but the said work must be installed or done the same as if called for by the Specifications.
All work and material usual and necessary to make the Work complete in all its parts, whether or not they
are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were
called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or
omissions in the Plans and Specifications. The City will provide full information when errors or omissions
are discovered.
5. COMPENSATION. The City will pay the Contractor the flat amount of $ for performance of
the Work hereunder.
Claims. Claims arising from changes or revisions made by the Contractor at the City's request
shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor
shall notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor,
City, and Project Manager that the Work has been completed in accordance with the terms of the Contract
Documents, the Project Manager shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor
shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the
City arising under or by virtue of the work order. Also, each request for payment must have a Claimant's
Sworn Statement of Account, executed by the supplier or subcontractor, attached from each supplier or
subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the
Contractor's Affidavit and Release of Claim as an unpaid potential Claimant.
7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of
this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by
the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No
3
monetary compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor
to an extension of time in which to complete the Work as determined by the City provided, however, the
Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day"
extensions shall be granted upon written request of the Contractor to the City's Project Manager when
said Project Manager determines that weather conditions make it counterproductive to work on said days.
"Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative
"rain day" extensions granted shall be processed as a Change Order with each pay submittal.
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor.
In the event that the Project Manager shall become aware of any condition which may be cause for
suspension of the Work, the Project Manager shall immediately advise the City of such condition. The
Contractor shall not suspend operations under the provisions of this Paragraph without the City's
permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended; except, however, that
the Contractor will not be granted an extension of time to complete the Work if the suspension was
caused by a fault of the Contractor.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City
without cause provided at least five (5) days written notice of such termination shall be given to the
Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for
greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such
termination on a quantum meruit basis and any work done by the Contractor shall remain the properly of
the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject
to the review of the Project Manager and City. Any and all technical questions which may arise as to the
quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of
Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Project Manager who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to construction review
by the Project Manager and the City. Such construction review may include shop inspection, and any
material furnished under the Specifications is subject to such inspection. The Project Manager and the
City shall be allowed access to all parts of the Work and shall be furnished with such information and
assistance by the Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
4
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contradtor's best
skill and attention. Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other
facilities and services necessary for the proper execution and completion of the Work, whether temporary
or permanent and whether or not incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -
Contractors required for services which are necessary as described under Exhibit "A" of this Agreement.
All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub -
Contractor and all persons engaged in work under the Agreement shall be qualified to perform such
services and authorized under federal, state and local laws to perform such services. Personnel who
perform services under this Agreement shall not be employees of the City.
All workmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the
opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in
a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and
shall not be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work in
accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the
State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the
Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines
and/or court costs arising from penalties charged to the City for violations of OSHA committed by the
5
Contractor or any and all subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other
persons who may be affected thereby; all the work materials and equipment to be incorporated therein,
whether in storage on or off the project site, under the care, custody or control of the Contractor or any of
his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, he shall notify the Project
Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before
proceeding to properly protect both life and property.
The Contractor shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall
be under the charge and care of the Contractor, and he shall take every necessary precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether
arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair,
restore and make good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment
shall be located so as to facilitate prompt inspection.
14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all
his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are
removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will
restore to their original conditions or better, as nearly as practicable, those portions of the site not
designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged
during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are
completed
C
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition satisfactory to
the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the
City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have
the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force
shall be deducted from moneys due the Contractor.
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work
orders or this Agreement and shall not transfer any interest in the same without the prior written consent of
the City. Any sub -contracts or other work which is performed by persons or firms other than the
Contractor under this Agreement or any work orders shall have prior written approval of the City Manager.
Any subcontracts or outside associates or Contractors required by the Contractor in connection with
services covered by this Agreement or any work orders must be specifically approved by the City
Manager.
16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents,
subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to
the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants
or employees in the performance of services under this contract.
17. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and
regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to
any known law or regulation pertaining to furnishing services under this Agreement shall constitute a
material breach of this Agreement.
18. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement
shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement.
19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue
for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties
hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute
arising hereunder..
20. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted
the same, as both parties have obtained experts of their choosing to review the legal and business
adequacy of the same.
7
21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set
forth below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance
with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the
Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of
their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that
all sub -contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him
and any subcontractor performing work under this Contract, or the City, from all claims and liability for
damages for bodily injury, including accidental death, under this Contract, whether by himself or by any
subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as provided in
the Contract.
22. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for
a period of two (2) years from the date of final written acceptance of the Work by City. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to
the City for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of
beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten
the statute of limitations for bringing a breach of contract or other action based upon any such
deficiencies.
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
s�
condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or
work shall be promptly taken out and replaced. Any defective work whether the result of poor
workmanship, use of defective materials, damaged through carelessness or from other cause shall be
removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by
the Contractor. The fact that the City may have previously overlooked such defective work shall not
constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the materials
and equipment.
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials
and workmanship and the Contractor shall promptly replace any such defects discovered within two (2)
years from the date of final written acceptance of the Work by the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATTEST (SEAL):
Sally A. Maio, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
Signed, sealed and delivered
in the presence of.
Name:
THE CITY OF SEBASTIAN
BY:
Al Minner, City Manager
CONTRACTOR:
By:
Name:
Name: Title:
P1
Exhibit "A"
Bid Specifications For
Friendship Park
Special Needs Playground Equipment
PLAYGROUND
Playground specifications based on WOW Quest model Q — 00445. Suitable equivalents
will be accepted. Playground must meet all ADA accessibility guidelines. Features
include ADA transfer station, rock climber, safety rail with wheel, inverted arch climber,
wave slide, challenge climber, rung ladder with gate, two (2) eclipse roofs and a 90
degree elbow slide. Dimensions, fall heights, child capacity and age range are listed on
enclosed drawing.
SWING SET
Swing set specifications based on WOW Tri pod swing frame item # 85010310. Suitable
equivalents will be accepted. Swing set must meet all ADA accessibility guidelines. Tri
pod ten (10) foot swing frame with three (3) bays. Frames have powder coated aluminum
castings for junctions. Legs and top bar are two and three eights inch galvanized pipe. All
hardware to attached different type seats using vinyl coated 4/0 chain. First bay will
include one (1) ADA juvenile platform for wheelchair. Second bay will include one (1)
full bucket tot seat and one (1) belt seat. Third bay will include one (1) ADA hammock
swing.
FLOORING
Flooring for both units will be safety rubber flooring.
LOCATION AND PLAY AREA
Total play area for both units is 59 feet 8 inches by 46 feet 1 inch. Play area located in the
southwest corner of Friendship Park south of existing pavilion and west of walking path.
Page 1 of 3
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Fall Height: 5 R. Child Capacity: 28 .t Dan By: C. Gambino
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Use Zone Sim: 77 sq. 4'Iandscape Timbers: 27 Playgrounds Date: 12/17/oa
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