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INVITATION TO BID
ITB #23.04
DRAINAGE IMPROVEMENTS IN THE STONECROP DRAINAGE WATERSHED
FOR THE CITY OF SEBASTIAN
PUBLIC WORRSISTORMWA TER DEPARTMENT
Contact Person
Don Wixon
ProcurementlContracts Manager
Phone: (772) 388-8231
Email: dwixon(Scitvofsebastian.cm
EVENT
RELEASE DATE:
PRE -BID MEETING
(ATTENDANCE HIGHLY
RECOMMENDED)
(Council Chambers)
QUESTIONS (DEADLINE) DUE:
ITB DUEBED OPENING:
DATE TIME
WEDNESDAY, JANUARY 11, 2023
10:00 AM, Local
THURSDAY JANUARY 19, 2023 Time
TUESDAY, JANUARY 31, 2023 2:00 PM, Local
Time
TUESDAY, FEBRUARY 14, 2023 2:00 PM, Local
AWARD- WEDNESDAY, MARCH 8, 2023 16:00 PM, Local Time
CITY COUNCIL MEETING
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 dale may be amended by the City.
The City resenes 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.
INVITATION TO BID
City of Sebastian seeks bids from licensed contractors for Drainage �rrovertjent` in the Stonecroo
Drainage Watershed area along Stonecroo Street in Sebastian. F onda. TThhe Licensed Contractor
shall famish 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.citvofsebastian.org (Current Bids) or DemandStancom, and
VendorLink.com.
A Non -Mandatory Pre -Bid Meeting (ATTENDANCE HIGHLY RECOMMENDED) will be held on
Thursday. January 19. 2023. at loam in the Council Chambers as well as via ZOOM:
Meeting ID: 824 9877 2438;
Password: 828734, or
httns://us02web.zoom.us/i/82498772438?uwd=Sk9KbY12eFOOY3ZkMnV OOGN5e W 9adz09
The deadline to submit questions concerning this ITB win be TUESDAY, JANUARY 31, 2023, at
2:00 PM., Local Time. Any and all questions should be mailed ONLY to the Procurement/Contracts
Manager at dwizomz)citvofsebastian.ora All communication regarding this ITS 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 disaua0 iicatiun.
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.
AB bids are due by TUESDAY, FEBRUARY 14, 2023 BY 2:00 P.M. Local Time. Bidders have the
option to submit their bids physically (in -person) or mailed. In -person (physically) or mailed
submissions shall provide one (1) clearly marked original fin Blue Ink). four (4) conies and one f1)
electronic cony on a USB drive, marked with the Bidder's time and address, ITB number and title with
Solicitation Opening dale and time (lower left comer of envelope).
NOTE: Only the NAME of the companies who submitted a response to this Request for Bid will be read
aloud.
All physical (in person) or mailed submissions most be delivered or mailed to THE FOLLOnNG.
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 Citv and to waive any non -substantial irregularities.
By: Don Wixon, Procuremem/Contracts Manager
Advertised Date: WEDNESDAY, JANUARY 11, 2023
The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free
Workplace and Providing Handicapped Access.
TABLE OF CONTENTS
INVITATIONTO BID...............................................................................................................................2
TABLEOF CONTENTS...........................................................................................................................3
DEFINITIONS..............................................................................................................................................
3
SECTION 1— GENERAL INFORMATION...........................................................................................4
SECTION 2 — BID REQUIREMENTS....................................................................................................5
SECTION 3 - INSTRUCTIONS TO BIDDERS......................................................................................8
SECTION 4—GENERAL CONDITIONS.............................................................................................
11
SECTION 5 —SPECIAL CONDITIONS.................................................................................................
25
SECTION 6—COMPANY QUALIFICATION QUESTIONNAIRE.......................................27
SECTION 7 - TECHNICAL SPECIFICATIONS .................... _...........................................................
33
SECTION 8—BID PROPOSAL PRICE FORM...................................................................................
34
SECTION 9 — TRENCH SAFETY ACT........................................................................
38
SECTION 10—FORMS...........................................................................................................................
39
BID SUBMISSION CHECKLIST & MAILING LABEL....................................................................
39
CONTACT INFORMATION SHEET..................................................................................................
40
ADDENDA ACKNOWLEDGEMENT.................................................................................................
41
REFERENCE LIST...............................................................................................................................
42
SUB -CONTRACTORS LIST................................................................................................................
43
BIDDER'S DISCLOSURE....................................................................................................................
44
DOCUMENT NOTIFICATION AFFIDAVIT....................................................................................1.45
STATEMENT OF NO RESPONSE......................................................................................................
46
SOLICIATION INFORMATION FORM.............................................................................................
47
E-VERIFY ACKNOWLEDGEMENT..........................................................................
48
CLIENT REFERENCE LETTER.................................................................................49
BID SECURITY....................................................................................................50
CITY OF SEBASTIAN AFFIDAVIT............................................................................51
EXHIBIT A: STONECROP CANAL REHABILITATION DESIGN CONSTRUCTION
DRAWINGSIPLANS
EXHIBIT B: STONECROP TECHNICAL SPECIFICATIONS
EXHIBIT C: POTENTIAL STORAGE STAGING SITES
EXHIBIT D: STONECROP BID SHEET (TO BE SUBMITTED WITH BID)
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.
Resimnsible 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.
SECTION 1— GENERAL INFORMATION
1.1 SCOPE OF WORK: The City of Sebastian proposes drainage improvements in the Stonecrop
Drainage Watershed area along Stonecrop Street in Sebastian, FL 32958. The proposed project
shall improve the drainage capacity of a municipal service canal in the Stonecrop Watershed area
and include earthwork necessary to re -slope canal banks, removal of vegetation, and installation
of an ArmorDex articulating concrete block revetment system. The existing storm piping under
Laconia Street will be replaced by a precast bridge system. All work will tie back to existing
grade and restore any damaged infrastructure. The final discharge point for the improved canal
remains the same, initially the stormwater pond west of Stonecrop Street and ultimately the south
prong of the St. Sebastian River / Indian River Lagoon. This proposal will serve to provide
improved hydraulic capacity and protection of canal banks, structural foundations, and other
property improvements. The project shall provide protection against a 100-year storm event.
Activities will be completed in strict compliance with Federal, State and Local applicable Rules
and Regulations. See Exhibit B for all Technical Specifications required within the bid.
1.1.1 Permitting
Contractor shall be responsible for permit application and all associated fees for all required
permits from the State of Florida, the City of Sebastian and Indian River County.
1.2 Due to grant deadlines for the protect. hermits have alreadv been obtained from St John's
River Water Management District (SJRWMDI as well as Florida
Department of Environmental Protection (FDEP). AB other
mouired permits would need to be obtained by the contractor.
MINIMUM REOUIREMENTS
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 thev meet
the following reauirements:
1. Contractor shall 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 most have a minimum of five (5) years' experience performing drainage
improvement work, or site civil work, of a similar size, scope and complexity for local and
county government agencies and
4. Contractor most 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: and
5. Contractor must meet insurance and bonding requirements applicable to perform the services.
1.3 TIMELINE/SCHEDULE
This nroiect is a grant funded project through the Florida Department of EmerP.enev
Management (FDEM) and their Hazard Mitigation Grant Program fHMGP). In order to
meet the grant timelines. the project shall be fully completed with all invoices submitted no
later than December 1" 2023.
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
SECTION 2 — BID REOUHdEMENTS
The bid submittal shall be limited to no more than twenty (20) pages (NOT including the required
forms listed in Section 10 - Required Forms). Any responses exceeding twenty (20) pages, NOT
including the required forms, may be considered non -responsive and not considered for award.
NOTE: cover pages, table of contents and/or tab pages will not be included in the page
count of twenty (20) pages. Tabs dividine sections are ereatly a Dreciated.
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 I. I.
2.3 SCHEDULE
This is a one (1) time contract
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. Three (3) references from public sector clients shall
be submitted with the bid packet. NOTE: The City will send Reference Check Surveys via
email to the references provided
TAB #3 — INSURANCE & LICENSES
2.6 INSURANCE
Without limiting any of the other obligations or liabilities of Contractor, the Contractor must
secure and maintain throughout the duration of this Contract, insurance of such type and in such
amounts necessary to protect its interest and the interest of the City against hazards or risks of
loss as specified below. The underwriter of such insurance most be qualified to do business in the
State of Florida, be rated "B" as to management and "Class V" as to strength or better as rated by
the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, The insurance carrier must have agents upon whom service of process
may be made in the State of Florida. The insurance coverage will be primary insurance with
respect to the City of Sebastian, Florida, its officials, employees, agents, and volunteers. Any
insurance maintained by the City will be in excess of the Contractor's insurance and will not
contribute to the Contractor's insurance. The insurance coverages must include a minimum of:
a. Worker's Compensation and Employer's Liability Insurance:
Coverage to apply for all employees for statutory limits as required by the State of
Florida's Statutory Workers' Compensation Law and all applicable Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of $500,000 each
accident and a waiver of subrogation.
b. Comprehensive Business Automobile and Vehicle Liability Insurance:
This insurance must be written in comprehensive form and must protect the Contractor
and the City against claims for injuries to members of the public and/or damages to
property of others arising from the Contractor's use of motor vehicles or any other
equipment and must cover operation with respect to onsite and offsite operations and
insurance coverage must extend to any motor vehicles or other equipment irrespective of
whether the same is owned, non -owned, or hired. The limit of liability most not be less
than $500,000 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability Policy, without restrictive
endorsement, as filed by the Insurance Services Office.
c. Commercial General Liability ("CGL"):
This insurance must be written in comprehensive form and must protect the Contractor
and the City against claims arising from injuries to members of the public or damage to
property of others arising out of any act or omission to act of the Contractor or any of its
agents, employees, or subcontractors. The limit of liability must not be less than
$1,000,000 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a primary and non-
contributory basis and with a coverage form no more restrictive than the latest edition of
the Commercial General Liability Policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include: (1) Premises and/or Operations; (2)
Independent contractors and Products and/or completed Operations; (3) Broad Form
Property Damage, Personal Injury and a Contractual Liability Endorsement, including
any hold harmless and/or indemnification agreement.
(1st) Products and/or Completed Operations for contracts with an Aggregate Limit of One
Million Dollars ($1,000,000) per project. Contractor must maintain in force until at
least three years after completion of all Work required under the Contract, coverage
for Products and Completed Operations, including Broad Form Properly Damage.
(2nd) Personal and Advertising Injury with an aggregate limit of One Million Dollars
($1,000,000).
(3rd) CGL Required Endorsements:
a) Employees included as insured
b) Contingent Liability/Independent Contractors Coverage
c) Contractual Liability
d) Waiver of Subrogation
e) Premises and/or Operations
Q Explosion, Collapse and Underground Hazards (if not specifically covered under
the policy)
g) Loading and Unloading
h) Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed,
or rented by Contractor or employees of the Contractor.
d. Certificate of Insurance
Contractor most provide the City Manager or designee with Certificates of Insurance for
all required policies within fifteen (15) days of notification of a conditional award by the
City. The Certificates of Insurance must not only name the types of policy(ies) provided,
but also must specifically cite this Contract and must state that such insurance is as
required by this Contract. The City reserves the right to require the Contractor to provide
a certified copy of such policies, upon written request by the City. Each policy certificate
must be endorsed with a provision that not less than thirty (30) calendar days' written
notice most be provided to the City before any policy or coverage is cancelled, restricted,
or a material change is made. Acceptance of the Certiflcate(s) is subject to approval of
the City Manager or designee.
e. Additional Insured
The City is to be specifically included as an Additional Insured for the liability of the
City resulting from operations performed by or on behalf of Contractor in performance of
this Contract. The City must be named as additional insured under the CGL, business
automobile insurance and umbrella policies. City must be named as an additional insured
under Contractor's insurance, including that applicable to the City as an Additional
Insured, must apply on a primary basis and any other insurance maintained by the City
will be in excess of and will not contribute to Contractor's insurance. Contractor's
insurance must contain a sevembility of interest provision providing that, except with
respect to the total limits of liability, the insurance must apply to each Insured or
Additional Insured in the same manner as if separate policies had been issued to each.
All deductibles or self -insured retentions most be declared to and be approved by the
City Manager. The Contractor will be responsible for the payment of arty deductible or
self -insured retention in the event of any claim.
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 — REOUIRED FORMS
2.8 FORMS
All Forms required by the ITB shall be fully executed by the Bidder and submitted. Refer to
Section I .
END OF SECTION
SECTION 3 - INSTRUCTIONS TO BIDDERS
3.1 ONF ,%.SdLECF,Patentiaiders 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 REOUIRED COPIES
One (1) clearly marked original (in Blue Ink), four (4) copies and one (1) electronic copy of the
Bid shall be submitted. Please refer to the Bid Checklist (Section 10, Form A) for guidance on all
requirements.
3.3 SEALED BIDS
Bids shall be enclosed in a sealed envelope which shall show (lower left comer) the Bidder's
time 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. Bids must be submitted
to City Hall, 1225 Main Street Sebastian, FL 32958. Bids that are submitted to other locations or
delivered to the wrong location may not be considered. It is the sole responsibility of the proposer
to ensure their proposal is at the proper location and at the time specified in the bid documents.
3.4 BIDS NOT Ct NSTDEIjED
Bids not consddcredd 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 we come 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 l5l business days to DemandStar, VendorLink and the City's website.
3.7 ADDENDA
Addendamay 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
nww.citvofsebastian.ore. VendorLink.com and DemandStar.com. Where there appears to be
a conflict between Solicitation and any addenda, the last addendum issued shall prevail.
3.8 fTIONOFIJ1DJ
e ity reserves the nght 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.
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 C(.j=CTInNS.fANCELLATION.&WITHDRAWAL
Bt ers maybe 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 Procmement/Contracts Manager shall issue a Notice of Award to the successful Bidder.
3.12
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
10
SECTION 4 — GENERAL CONDITIONS
4.1 f nNFL, CT OF INTEREST
' e resulltmg agreement is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers must disclose within their proposal to the City the name of any officer, director, or
agent who is also an employee of the City. Furthermore, all Proposers must disclose the name of
any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in
the firm of any of its branches. Please submit to the City all information on any potential conflict
of interest related to provision of the goods or services requested in this Solicitation.
The purpose of this disclosure is to give the City the information needed to identify potential
conflicts of interest for evaluation by the team members and other key personnel involved in the
award of this contract. The term "conflict of interest" refers to situations in which financial or
other personal consideration may adversely affect, or have the appearance of adversely affecting,
an employee's professional judgment in exercising any City duty or responsibility in
administration, management, instruction, research, or other professional activities.
4.2 NO LOBBYING
All Proposers and its officers, partners, owners, agents, representatives, employees or parties in
interest we hereby placed on notice that any communication, whether written or oral, with City
elected officials or any other staff or outside individuals working with the City in respect to this
request (with exception of the Procurement Division personnel designated to receive requests for
interpretation or corrections) is prohibited. These persons shall not be lobbied, either
individually or collectively, regarding any request for proposals, qualifications and/or any other
solicitations released by the City. To do so is grounds for immediate disqualification from the
selection process. The selection process is not considered final until such time as the City,
Mayor, and City Council have made a final and conclusive determination.
4.3 NO COLLUSION
Proposer and its officers, partners, owners, agents, representatives, employees or parties in
interest, swears and attests that it is fully informed respecting the preparation and contents of the
attached RFP, and of all pertinent circumstances respecting the provision of the goods or services
to the City, the Proposal, or offer being made is genuine and is not collusive or a sham.
By submitting a Proposal to this RIP, Proposer certifies that all information contained in the
Proposal is truthful to the best of their knowledge and belief. Proposer further certifles,
under oath, that this Proposal is made without any colluded, conspired, connived or
agreed, directly or indirectly, with any other flrm, person or corporation responding to this
solicitation for the same product or service. Proposer further certifies that Proposer has not
divulged, discussed, or compared this Proposal with other Proposals and has not colluded with
any other Proposer or parties to a Proposal. Any violation of this provision will result in the
cancellation and/or return of Proposal's materials (as applicable) and the removal of Proposal
from the halls).
4.4 IMMIGRATION LAWS
The City will not intentionally award City contracts to any Firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in an
8 U.S.C. Section 1324 ale) (Section 274A (e) of the Immigration and Nationality Act ("INA").
Refer to E-Verify Acknowledgment in solicitation documents.
11
4.5 DRUG -FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer certifies the Following:
4.5.1 A written statement is published notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace
named above and specifying actions that will be taken against violations of such prohibition.
4.5.2 Employees are informed about the dangers of drug abuse in the work place, the Proposer's
policy of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug use violations.
45.3 Employees are notified that as a condition of working on the commodities or contractual
services being solicited, they will notify the employer of any conviction of, plea of guilty or onto
contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of
Florida or the United States, for a violation occurring in the work place, no later than five (5) days
after such conviction, and requires employees to sign copies of such written statement to
acknowledge their receipt.
4.5.4 The Proposer/employer imposes a sanction, or requires 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.
4.5.5 Makes a good faith effort to continue to maintain a drug free work place through the
Implementation of the drug free workplace program.
4.6 PUBLIC ENTITY CRIMES
A "public entity crime" as defined in Paragraph 287.133 (I) (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, involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
"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 stale 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.
"Affiliate" as defined in Parammih 287.133 (1) (a). Florida Statutes. means:
4.6.1 A predecessor or successor of a person or a corporation convicted of a public entity crime,
or
4.6.2 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, or
4.6.3 Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
4.6.4 A person or corporation who knowingly entered into ajoint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months.
PROPOSER CERTIFIES THAT NEITHER THE ENTITY PROPOSING, NOR ANY OF
ITS 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.
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WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENT
ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL.
4.7 DEBARMENT ANIj SfISPTTNSInN
Proposer certifies to a best o its knowledge and belief that it and its nrincinals:
4.7.1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
4.7.2. Have not within a three-year period preceding this application been convicted or had a
civiljudgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
4.7.3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated
in paragraph (1)(b) of this certification; and
4.7.4. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State or local) terminated for cause or default.
4.7.5. The Citv of Sebastian will not make award to narties listed on the Government wide
exclusions in the Svstem for Award Management (SAM).
WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS
ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL.
4.8 SCRUTINIZED COMPANIES
Proposer certifies under penalties of meriurv. as of the date of this solicitation to mrmvide Goods
and/or services to the Citv. that it:
4.8.1. Does not participate in a boycott of Israel; and
4.8.2. Is not on the Scrutinized Companies that Boycott Israel List; and
4.8.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4.8.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
4.8.5. 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 Proposer of the City's determination concerning
the false certification. The Contractor shall have sixty-(60) 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 Proposer determines, using credible information available to the public, that
a false certification has been submitted by Proposer, this Contract may be terminated and a civil
penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed,
pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract
renewal.
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
proposing on, proposing 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,
Florida Statutes, 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
13
activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida
Statute, or are engaged in business operations in Cuba or Syria.
As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance
hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel
List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the
Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities
in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in
business operations in Cuba or Syria.
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.
4.9 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116
(superseding Executive Order I1-02; 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:
htm://www/dhs.eoviE-Verify. Please note this project is a Florida Department of Emergency
Management funded project and will require E-Verify for all contractors and sub -contractors.
BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM E-VERIFY
WITH THEIR BIDS.
4.10 QUESTIONS AND/OR REOTJESTS F'pR CLARIFICATION
Any questions and/or requests or c an cation regarding this Solicitation shall be submitted in
writing to the Procurement/Contracts Manager via email at dwixon(,Vcityo(sebastian.ore. 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 font of an Addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR IN WRITING AFTER SAID DEADLINE. Addendum(s) will be made
available on the City's website (www.citvofsebastim.ore), VendorLink.com and DemandStar
(htty,//www.demandstar.com) and it is the Bidder's sole responsibility to assure receipt of all (if
any) Addenda.
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4.11 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the Bid and shall reference the
section. Any exceptions to the General or Special Conditions may be cause for the Bid to be
considered non -responsive.
4.12 SUBCONTRACTORS Alspl �:I)7PLOY FF„S
The Bidder is required to identify any and a Sub -Contractors and/or suppliers that will be used
in the performance of the proposed Agreement and to clearly identify in their Bid the percentages
of Work to be performed by their Sub -Contractors.
4.13 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 terns of the submission by giving a Bidder an advantage
or benefit not enjoyed by other Bidders.
4.13.1 In no event will any such decision by the City be deemed to be a waiving of the
required criteria for the requested services.
4.13.2 The Contractor who is selected for the Project will be required to fully comply with the
Project criteria, regardless that a waiver was made.
4.13.3 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.
4.14 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.
4.15 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.
4.16 TICE TO P$Of EED
TContractor 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.
4.17 PAYMENT—FLORIDA PROMPT PAYMENT ACT
Payment shall be made in accordance with Section 218, Par VD of the Florida Statutes.
4.18 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.
15
4.19 TERMINATION FOR CAUSE OR COMTNIE1 CE
The agreement resulting from this ITB can be term ated 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.
4.20 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.
4.21
Bidder shall not practice or
and
or
KlgnlS Act Ot IYY2, 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.
4.22 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 iwilliams0cirvofsebastian.mv CITY OF SEBASTAIN, 1225 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
4.23 Any
erY$poser wRE,
Any Bid er roposer 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. Failure of the Bidder/Proposer to file a timely formal written Protest
within the time specified shall constimte a waiver by the Bidder/Proposer of all rights to Protest.
The formal written Protest shall provide documentation which shall specify in detail the nature of
the grievance and the grounds upon which any relief, modification, or change is based. If the
protest is not resolved by mutual agreement or if the protestor disagrees with the decision of the
Proemement/Contracls Manager, the protestor may appeal the decision to the City Manager
and/or City Council, within seven (7) calendar days of initial decision.
16
Stav 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.
4.24 LOCAL VENJPORPREFERErCE
Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference,
Ordinance No. 09-13 as set forth below:
See. 2-11. Local Vendor Preference Policy
(a). Definitions,
(1) Local business means the vendor has:
a) A valid business tax receipt issued by the City of Sebastian, 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.
17
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 live 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 quantifies, 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 fast opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy set forth herein shall
notapply 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 roust 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 ofgaalhcations. 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.
18
(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.
4.25 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.
4.26 INDEMNIFICATIONMOLD HARMLESS
The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and
employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by
the CONTRACTOR in the performance of the agreement; regardless of the negligence of the
indemnitee or its officers, directors, agents, or employees. However, such indemnification shall
not include claims of, or damages resulting from, gross negligence, or willful, wanton or
intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon
request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and
hold the CITY harmless of my suit asserting a claim for any loss, damage or liability specified
above, and CONTRACTOR shall pay any cost and reasonable attorneys' fees that may be
incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity
granted above. Nothing in this agreement shall be constmed as the CITY waiving its sovereign
immunity pursuant to 768.28, at seq., Florida Statutes, or any other sovereign or governmental
immunity.
4.27 METHOD OF PAYMENT
4.27.1 Florida Promg4 Payment Act
Payment shall be made in accordance with Section 218, Part VD of the Florida Statutes.
4.27.2 Invoiclnn
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:
4.273 CONTRACTOR INFORMATION:
• The time 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
4.27.4 CITY INFORMATION:
• City Purchase Order Number
19
4.27.5 PRICING INFORMATION:
• As stipulated on the "Bid Proposal Price Form"
• Applicable discounts
4.27.E CAODS OR SERVICES PROVIDED PER CONTRACT:
• Description
• Quantity
4.27.7 DELL .RY.INFORMATION.
• Delivery terns 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 delav navment.
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.
Due to Florida Department of Emergency Management grant deadlines all invoicing and all
closeout documents shall be submitted no later than December 1, 2023.
4.28 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.
4.29 LIQUIDATED DAMAGES
e City shall be entitled to liquidated damages in the amount of Five Hundred Dollars
($500.00) 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. All work and
paperwork shall be completed by December 1. 2023.
4.30 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.
4.31 FAILURE Tn P�RRM
In the event that a ontractor 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.
4.32 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.
4.33 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.
Maintenance of Traffic design drawings must be submitted and approved by the City of Sebastian
prim to Laconia Street road closure. Cost of all Maintenance of Traffic design and work to be
included in the bid price. See section 4.3E for more information regarding Maintenance of
Traffic.
434 CONTRACTOR SAFETY AND HEALTH REOUIREMENTS
The Contractor shall be responsible for supervising all safety precautions, including initiating and
maintaining such programs in connection with the performance of the Contract and for adequate
maintenance of traffic.
The Contractor shall designate a member of the on -site construction team whose duty shall be the
prevention of accidents. Unless notified otherwise in writing by the Contractor to the Owner and
the Engineer, this person shall be the Contractor's Superintendent.
A. TEMPORARY TRAFFIC CONTROL (TTCJ / MAINTENANCE OF TRAFFIC (MO12
The Contractor SHALL comply with the Florida Department of Transportation's (DOT)
Temporary Traffic Control (TTC) and the Manual on Uniform Traffic Control Devices
(MUTCD) in the planning, development, design, implementation, operation, enforcement and
inspection of work zone related transportation management and temporary traffic control on
streets and highways within the State Highway System right-of-way. Training in the Advanced,
Intermediate, and Flagger categories must be completed by the Contractor for their employees
when performing right-of-way work while under contract with City of Sebastian. Contractor
employees must wear a Class II (daytime), Class III (nightflimited visibility) high -visibility safety
vest or equivalent high -visibility apparel while performing any work that places them in the right-
of-way.
435 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.
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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.
436 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
tcrm "property" shall include, but is not limited to, roads, sidewalks, curbs, driveways, walls,
fences, landscaping, awnings, utilities, footings and drainage structures.
437 EXCEPTIONS TO SPECIFICATIONS
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section.
438 FEDERAL ANl DATE )ZEGIgA ONS
The Contractor s comp y wr 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.
439 LABOR. MATERIALS A" EQUIPMENT SHALL BE SUPPLIED BY CONTRACTOR
Unless otherwise provided m is 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.
4.40 SUBCONTRACTORS p�� �)YIPLOY .E
The Bidder is required to iden[t any an 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 along with a list of all contractor
names.
Contractor shall be solely responsible for all acts and omissions of its Subcontractors. Nothing in
the Bid and Contract Documents creates any contractual relationship between any Subcontractor
and the City of Sebastian. Contractor shall be responsible for the timely payment of its
Subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply
with these payment requirements will place the Contractor in default of the Contract.
4.41 WA�,VFR OF IR)ZEGj7LARITIES
The icy 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 we 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.
4.41.1 In no event will any such elections by the City be deemed to be a waiving of the Project criteria
4.41.2 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.
4.41.3 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.
4.42 DISCRIMINATION
The Contractor shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any mamer proscribed by Federal or State of Florida laws and regulations.
4.43 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 Low, 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.
4.44 EXAMINATION OFT DCIjNJ��Iy'TS
It shall be the responsibt try o eachh 6r der, before submitting a Bid in response to this ITB to:
a. Carefully review the ITB, and drawings, including any Addendum and notify the
City of any conflicts, errors, or discrepancies.
b. Take into account federal, state and local, including, without limitation, the City's
Code, and Indian River County and the State of Florida's statutes laws, rules,
regulations, and ordinances that may affect a Bidder's ability to perform the Work.
e. Study and carefully correlate Contractor's observations with the requirements of the
ITB.
23
The submission of a Bid in response to this solicitation constitutes an incontrovertible
representation by Bidder that it shall comply with the requirements of the Bid and Contract
Documents and that without exception, the Bid is premised upon performing and furnishing the
Work required under the Bid and Contract Documents and that the Bid and Contract Documents
are sufficient in detail to indicate and convey understanding of all terms and conditions for the
performance of the Work.
END OF SECTION
24
SECTION 5 — SPECIAL CONDITIONS
5.1 PERFORMANCE AND PAYMENT BONDS
The successful Bidder shall, within fourteen (14) calendar days after receiving Notice of Award,
submit a performance and payment bond ("Bond"). The Bond will guarantee the completion of
the Work covered by the Contract Documents as well as the payment of all suppliers,
Subcontractors, and the Contractor's workforce. The Bond(s) shall not contain a provision
allowing the Surety(s) to cancel the Bonds prior to the full Completion of the Contract, including
the option to renew years.
5.2 PURCHASE AND DELIVERY. STORAGE AND INSTALLATION
All materials shall be F.O.B. delivered and included in the cost of the Work. The Contractor shall
be solely responsible for the purchase, delivery off-loading and installation of all equipment and
material(s). Contractor shall make all arrangements for delivery. Contractor is liable for replacing
any damaged equipment or material(s) and filing any and all claims with suppliers. All
transportation shall comply with all Federal, State of Florida, Indian River County, and City rules
and regulations.
No materials will be stored on site without the prior written approval by the City of Sebastian.
5.3 VEHICLES ANIj EOUIPTEIT
Contractor must eve on Land at all times clean and good working order such vehicles,
machinery, tools accessories, and other items necessary to perform the Work under this Contract.
The City may require the repair or replacement of equipment as reasonably necessary.
5.4 OWNERSHIP OF THE WORK
The Contractor is solely responsible for all work, until Final Completion of the Work. Contractor
shall be liable for all damage, theft, maintenance, and safety until such time as the City of
Sebastian issues a notice of Final Completion of the Work.
5.5 CHANGE ORDERS
Without invalidating the Contract Documents, and without notice to the Surety, the City of
Sebastian reserves the right to make increases, decreases or other changes in the character or
quantity of the Work under the Bid and Contract Documents as may be considered necessary or
desirable to complete the Work in a manner satisfactory to the City of Sebastian. The City
reserves the right to order changes which may result in additions to or reductions from the
amount, type or value of the Work shown in the Bid or Contract Documents, and which are
within the general scope of the Bid Documents or Contract Documents, and all such changes will
be authorized only by a Change Order approved in advance and issued in accordance with
provisions of the City of Sebastian.
The Contractor is required to provide the Project Manager with a detailed Change Order request,
utilizing the City's standard form, which must include requested revisions to the Contract,
including but not limited to adjustments in the Contract Price and Contract Time. The Contractor
is required to provide sufficient data in support of the cost proposal demonstrating its
reasonableness. In furtherance of this obligation, the City of Sebastian may require that the
Contractor submit any or all of the following: a cost breakdown of material costs, labor costs,
labor rates by trade, and Work classification and overhead rates in support of Contractor's
requested Change Order. The Contractor's requested Change Order shall include any schedule
revisions and an explanation of the cost and schedule impact of the proposed change on the
Project. If the Contractor fails to notify the Project Manager of any schedule changes associated
25
with the proposed change, it will be deemed to be an acknowledgement by Contractor that the
proposed work will not have any scheduling consequences.
5.6 NPDES n'J��N'FrS
Contractor a comp y wl the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for FDEP NPDES
Permit Anclication and SWPPP shall be included in the Bid Price. For further information on
cmmIlliance reauirements for NPDES and SWPPP visit the State of Florida website at
htto://www.den.state.fl.us/water/stormwater/nudes/. Contractor shall be resoansible for
pbtainipe. (�omoletine. and caving for anv reaulred NPDES mmlication or hermits that may
e ran re .
5.7 STAGING SITE
The Contractor shall be solely responsible for making all arrangements for daily staging site(s)
that may be necessary for the performance of the Service. The City of Sebastian shall not be
responsible for any security or any loss, damage or theft to the Contractor's vehicles, equipment,
or materials. The Contractor shall also be responsible for restoring the site to its pre-existing
condition prior to the Contractor's use of the site should the Contractor cause any damage to the
area. See Exhibit "C" for Potential Staging Site Locations.
END OF SECTION
26
SECTION 6 - COMPANY OUALIFICATION OUESTIONNAIRE
Some responses may require the inclusion of separate attachments. Separate attachments should be
as concise as possible, while including the requested information. Some Information may not be
applicable, in such instances insert "N/A".
1. How many years has your company been in business under its current name and ownership?
a. Professional Licenses/Certifications (include name and license #) `....
Issuance Date
("include active certifications of small or disadvantage business & name of certifying entity)
2. Type of Company: 0 Individual ❑ Partnership 0 Corporation 0 LLC 0 Other
If other, please describe the type of company:
a. FEIN/EIN Number:
b. Dept. of Business Professional Regulation Category (DBPR):
i. Date Licensed by DBPR:
ii. License Number:
C. Date registered to conduct business in the State of Florida:
27
i. Date filed:
ii. Document Number:
d. Primary Office Location:
e. What is your primary business?
(This answer should be specific)
f. Name of Qualifier, license number, and relationship to company:
g. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to company and years as qualifier for the company:
h. Name and Licenses of any prior companies
Name of Company License Name & No. Issuance Date
3, Company Ownership
a. Identify all owners or partners of the company:
Name Title % of ownership
FM
b. Is any owner identified above an owner in another company? ❑ Yes ❑ No
If yes, identify the time of the owner, other company names, and % ownership
C. Identify all individuals authorized to sign for the company, indicating the level of
their authority (check applicable boxes and for other provide specific levels of authority)
Signatory Authority
No -
Name Title All Cost Cost Other
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Explanation for Other:
4. Employee Information
a. Total No. of Employees:
b. Total No. of Managerial/Admin. Employees:
C. Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
5. Will a Labor Force Company be used to provide any workers? ❑ Yes❑ No
6. Employer Modification Rating:
7. Insurance & Bond Information:
a. Insurance Carrier name & address:
FZ
b. Insurance Contact Name, telephone, & e-mail:
C. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Cartier name & address:
f. Bond Carrier Contact Name, Telephone number, & Email:
g. Number of Bond Claims paid out in the last 5 years & value of each:
8. Have any lawsuits been file against your company in the past 5 years? El Yes O No
If yes, in a separate attachment, identify each lawsuit and its current disposition. For each lawsuit
provide its case number, venue, the year the suit was filed, the basis for the claim orjudgment, its
current disposition and, if applicable, the settlement unless the value of the settlement is covered
by a written confidentiality agreement.
9. To the best of your knowledge, is your company or any officers of your company currently under
investigation by any law enforcement agency or public entity. ❑ Yes ❑ No
If yes, in a separate attachment, provide details including the identity of the officer and the nature
of the investigation.
10. Have any Key Staff or Principals (including stockholders with over 10% ownership) of the
company been convicted by a Federal, State, County or Municipal Court of or do any Key Staff
or Principals have any pending violations of law, other than traffic violations? ❑ Yes O No
If yes, in a separate attachment, provide an explanation of any convictions or pending action
including the name of the Key Staff member or Principal involved and the nature of the offense.
11. Has your company been assessed liquidated damages or defaulted on a project in the past five (5)
years? ❑ Yes ❑ No If yes, in a separate attachment provide an explanation including the
name of the project, the circumstances of default or assessed damages, and the ultimate
disposition of the issue.
12. Has the Bidder or any of its principals failed to qualify as a responsible Bidder, refused to
enter into a contract after an award has been made, failed to complete a contract during the
30
past five (5) years, or been declared to be in default in any contract in the last five (5) years? ❑
Yes ❑ No
If yes, in a separate attachment provide an explanation including the year, the name of the
awarding agency, and the circumstances leading to default.
13. Has the Bidder or any of its principals ever been declared bankrupt or reorganized under
Chapter 11 or put into receivership? ❑ Yes ❑ No
If yes, in a separate attachment provide the date, court jurisdiction, action taken, and any other
explanation deemed necessary.
14. Project Management & Subcontract Details:
a. Name the Project Manager ("PM") for this Project:
b. How many years has the PM been with the Company`?:
c. List all the PM's licenses & certifications:
d. List the last five (5) projects the PM worked on with the company. In a separate
attachment, include the PM's role, scope of work, & value of each project.
e. Scope of Actual Work to be Performed by your company and corresponding percentage
of the work:
15. Current and Prior Experience:
a. Current Experience
Provide an attachment to this questionnaire that lists all current projects or contracts, recently
awarded, or pending award, including the owner's time, title and value of project, scope of
work, projected or actual start date, projected completion date.
b. Prior contracts or oroiects of a similar size. scone. and complexity:
Provide an attachment to this Questionnaire that includes contracts or projects the Bidder
considers of a similar, size, scope, and complexity that the City should consider in
determining the Bidders responsiveness and responsibility. This attachment must include the
contracts or projects that meet the minimum number of contracts or projects identified in
Section A of the solicitation.
31
information provided must include the owner's name, address, and contract person, including
telephone & e-mail, title of contract or project, location of project, scope, initial value and
final cost of the contract or project, projected and final timeframes for completion in calendar
days. A verifiable reference letter is to be completed by the owner of the Project and
submitted as part of the Bid submission. Bidders must use Form CRL for its reference letters.
c. Equipment Inventory List:
Provide an attachment to this Questionnaire that includes: the make, model, and
manufactured year of the inventoried equipment to adequately adhere to the equipment
requirements as stated in this ITB. All equipment must be in optimum condition to be used to
its maximum capacity if deemed necessary.
By signing below, Proposer certifies that the information contained herein is true and accurate to the best
of Proposer's knowledge.
10
Signature of Authorized Officer Date
Printed Name
END OF SECTION
Failure to fully complete. sieu and submit this Affidavit may result in reicefion of the submit
32
SECTION 7— TECHNICAL SPECIFICATIONS
DRAINAGE IMPROVEMENTS IN THE STONECROP DRAINAGE WATERSHED
SCOPE OF WORK: The City of Sebastian proposes drainage improvements in the Stonecrop
Drainage Watershed area along Stonecrop Street in Sebastian, FL 32958, The proposed project
shall improve the drainage capacity of a municipal service canal in the Stonecrop Watershed
area and include earthwork necessary to re -slope canal banks, removal of vegetation, and
installation of an Armortlex articulating concrete block revetment system. The existing storm
piping under Laconia Street will be replaced by a precast bridge system. All work will tie back
to existing grade and restore any damaged infrastructure. The final discharge point for the
improved canal remains the same, initially the stormwater pond west of Stonecrop Street and
ultimately the south prong of the St. Sebastian River / Indian River Lagoon. This proposal will
serve to provide improved hydraulic capacity and protection of canal banks, structural
foundations, and other property improvements. The project shall provide protection against a
100-year storm event. Activities will be completed in strict compliance with Federal, State and
Local applicable Rules and Regulations. See Exhibit B for all Technical Specifications required
within the bid.
2. RELATED DOCUMENTS
EXHIBIT A: STONECROP CANAL REHABILITATION DESIGN CONSTRUCTION
DRAWINGSIPLANS
EXHIBIT B: STONECROP TECHNICAL SPECIFICATIONS
EXHIBIT C: POTENTIAL STORAGE STAGING SITES
EXHIBIT D: STONECROP BID SHEET (TO BE SUBMITTED WITH BID)
END OF SECTION
33
SECTION S - BID PROPOSAL PRICE FORM
This Bid is submitted on behalf of , (hereinafter "Bidden") located at
(Name of Bidder)
, submitted on
(Address)
(Date)
to furnish all Work as stated in the ITB and Contract Documents for ITB No. for
(Drainage Improvements In The Stonecrop Drainage Watershed)
To: City of Sebastian, Florida
Attn: Don Wixon, Procurement Manager
Procurement Division
1225 Main Street
Sebastian. Florida 32959
This Bid Form is submitted as part of the Bidder's Bid submittal (`Submittal') in response to the above
stated ITB issued by the City of Sebastian.
Bidder has carefully examined all the documents contained in the ITB and understands all instructions,
requirements, specifications, drawings/plans, terms, and conditions, and hereby offers and proposes to
furnish the products or services described herein at the prices, fees or rates quoted in the Submittal, and in
accordance with the requirements, specifications, drawings/plans, terms and conditions, and any other
requirements of the Contract Documents.
Bidder has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform
the requirements under this lTB and attests to meeting the minimum qualifications stated therein.
All statements, information and representations prepared and submitted in response to the ITB are current,
complete, true, and accurate. Bidder acknowledges that the City will rely on such statements, information,
and representations in selecting a Bidder, and hereby grants the City permission to contact any persons or
entities identified in the ITB to independently verify the information provided herein.
No attempt has or will be made by the Bidder to induce any other person or firm to not submit a response
to this ITB and no personnel currently employed by the City participated, directly or indirectly, in any
activities related to the preparation of the Submittal. Bidder has had no contact with City personnel
regarding the ITB. If contact has occurred, except as permitted under the Cone of Silence, so state and
include a statement identifying in detail the nature and extent of such contacts and personnel involved.
The pricing, rates or fees proposed by the Bidder have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restriction of competition, as to any other
Bidder or competitor; and unless otherwise required by law, the prices quoted have not been disclosed by
the Bidder prior to submission of the Submittal, either directly or indirectly, to any other Bidder or
competitor.
Bidder is not currently disqualified, de -listed or debarred from doing business with any public entity,
including federal, state, county, or local public entities. If yes, Bidder must provide a detailed explanation
of such disqualification, de -listing, or debarment, including the reasons and timeGmne.
The Bidder agrees, if this Bid is accepted, to timely execute a contract with the City, pursuant to the terms
and conditions of the Contract Documents and to furnish the documents, equipment, machinery, tools,
apparatus, means of transportation, and all labor necessary to complete the Work.
The individual signing the Bid Form represents by signing, that he/she is duly authorized to sign on
behalf of the Bidder and that all information and documents submitted in response to the ITB are to the
best of his/her knowledge are true, accurate, and complete as of the submittal date.
34
131t7TIRTS"
Bidder must complete and submit with its bid an electronic version of the MS Excel Bid Form -PS to be
responsive. A printed copy of the MS Excel Bid Form will be included as part of the Bid Submittals by
the Bidder. Do not convert the MS Excel Bid Form to a .pdf form.
Bidder's TOTAL BID AMOUNT includes the total cost for the Work specified in this solicitation,
consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit
required, in accordance with the Contract Documents.
*Note this is the same as the MS Excel spreadsheet -
BID SHEET FOR
THE CITY OF SEBASTIAN - STONECROP CANAL REHABILITATION
NO. I DESCRIPTION UNIT
I CITY
I UNIT I SC
ALUELE
1 Site Miscellaneous / Administration
1.1 Survey Layout LS
1
1.2 As -Built Survey LS
1
1.3 Geotechnical Testing LS
1
Sub -total Site Miscellaneous
2
General Earth/Site Work
2.1
Erosion Control (Silt Fence/Inlet
LS
1
Protection/Turbidity Barriersl
Dewatering (Contractor's methods may
2.2
Include sheet piles,
LS
1
temp. pumping and/or dikes. Ditch Flow must
be maintained durin storm events.)
2.3
Demolition of Headwalls and Removal of
LS
1
Pipes at Laconia St
2.4
Removal of excess material
CY
1,896
2.5
Land Clearing and Grubbing
LS
1
2.8
Removal of existing trees (Indicated on
LS
1
Sheets C3 and C4)
2.7
Ditch Regrading
SY
6,583
2.8
Coordination with Utilities / Shoring of
power
LS
1
poles as necessary during the installation
Site Restoration (Sod) (includes Road ROW
2.9
and from armoring
to 2' outside the top of
BY
2,368
bank. Additional disturbances
must be
restored at contractor's expense)
Sub -total General
Earth/Site
Work
3
Structures (All Items to be furnished and installed except as
noted below.)
3.1
18" ADS N-12 HOPE Pipe
LF
79
3.2
FDOTType'C'Inlet
EA
1
3.3
Mitered End Section
EA
3
3.4
Retrofit 18" ADS Pipe to Extend Through Mat
EA
1
35
3.5
Retrofit 36" ADS Pipe to Extend Through Mat
EA 1
3.8
1
Cut off 12" CMP pipe and connect to new
EA 1
inlet.
Sub -total Structures
4
Pavement (All Items to be furnished and installed
except as
noted below.)
4.1
Demolition of Existing Pavement
LS 1
4.2
6" Thick Concrete Sidewalk
SF 250
4.3
2.5" Thick Type SP-12.5 Asphalt
SF 1.225
4.4
8" Thick Base Course
SF 1.275
4.5
12" Thick Stabilized Subgrade
SF 1.325
Sub -total Pavement
5
Owner Provided Material Installations (AII materials to be directly
PLtrchased and furnished by owner unless noted)
I stall Armodlex 5-30 Mats with Geotextile
(Square footage includes mats to be toed into
5.1
slope.) (Item directly purchased by owner.
SF 58,081
only Installation cost to be included here in
bid)
Install Contech 12'x6' Conspan Bridge (Item
5.2A
directly purchased by owner, only Installation
LS 1
cost to be Included here in bid
Install foundations per typical details on sheet
5.28
C8 of the plans. This installation cost may be
LS 1
adjusted as a result of foundation calculations.
(Rebar Provided by Contraclo,
Cast in Place Concrete (Material Provided by
5.2C
Contractor - Volume to be Determined and
CY 34
adjusted based on Unit Price
Granular Subfootings (Material Provided by
5.213
Contractor - Volume to be Determined and
CY 8
adJJ'��usted based on Unit Price)
0 oading of materials -49 truckloads -
(Spreader bar Included for 1 week by City.
5.3
Additional time may be quoted at $500lweek
LS 1
at contractor expense or contractor may
provide equipment for offloading and
installation.)
Sub -total Owner Provided Material Installations
TOTAL BID PRICE
6
Bid Alternates (Services to be provided at unit price
and only billed if
deemed necessary)
6.1
Removal of 4' Chain Link Fence
LF 458
6.2
Removal of 4' W ood Fence
LF 170
6.2
Removal of 6' W ood Fence
LF 325
6.2
Removal of 6' PVC Fence
LF 70
Total Bid Alternate Items
Fin s Name
SSN or Federal ID No.:
Telephone No.:
E-Mail Address:
Facsimile No.:
City/State/Zip:
Printed Name/Title:
Signature:
END OF SECTION
Failure to fWly comolete. sien and submit this Affidavit may result in reiectlon of the submit
37
SECTION 9 - CERTIFICATION — TRENCH SAFF.TV ACT
The Bidder/Proposer, by virtue of signing its Submittal/Response, affirms that the Bidder/Proposer is
aware of the Trench Safety Act, and will comply with all applicable trench safety standards. Such
assurance shall be legally binding on all persons employed by the Bidder and Subcontractors.
The Bidder/Proposer is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder/Proposer acknowledges that included in the various items of the proposal and in the total Bid price
we costs for complying with the Florida Trench Safety Act. These items we a breakout of the respective
items involving trenching and will not be paid separately. They are not to be confused with bid items in
the schedule of prices, nor be considered additional Work.
The Bidder further identifies the costs and methods summarized below:
Unit of Unit Extended
Description Measure Quantity Price Price Method
Total $
The Bidder/Proposer shall acknowledge this Bid and certifies to the above stated by signing and
completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Email Address:
END OF SECTION
Failure to fullv comolete. sin and submit this Affidavit may result in reiectlen of the submit
38
'.1afaTiiTi s]�iGD Yr]R'u6� YO:MuI:%
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.
REOUIREMENTS ARE AS FOLLOWS:
-Bid Submission Checklist and Mailing Label (Form A):
-One (1) original copy of the bid package (bearing original signatures in Blue Ink, and four (4)
copies of the bid, and one (1) Electronic copy of the bid package (USB) — Description located in
Section 3, Item 3.2: Bid Requirements.
-Insurance SECTION 2:
-Company Qualification Questionnaire SECTION 6:
- Bid Proposal Price Form SECTION 8:
-Contact Information Form (Form B):
-Addenda Acknowledgement Form I'Form C):
-Reference List Form Form D):
-Sub-Contractors List rForm E):
-Bidder's Disclosure sForm F):
-Document Notification Affidavit (Form G):
-Statement of NO Response (Form H):
-Solicitation Information Form (Form 1):
-E-Verify Acknowledgement ,Form J):
-Bid Securitv PAGE 51-
-City of Sebastian Affidavit PAGE 52:
- EXHIBIT D: STONECROP BID SHEET (TO BE SUBMITTED WITH BID) ATTACHED
Clearly mark the following on the outside of the sealed bid (i n lower left comer of envelope):
Bidder's Name:
Bidder's
Address:
Bid #: ITB #23-04
Bid Title: Drainage Improvements in the Stonecrap Drainage
Watershed
Bid Opening: TUESDAY, FEBRUARY 14, 2023
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.
39
CONTACT INFORMATION FORM FORM "B"
ITB NO.: RELEASE CONTACT:
DUE DATE: Bids due on or before 2:00 PM at #23.04 DATE: Don Wixon
City of Sebastian Wednesday,
ATTN: Procurement January 11, ProcurementlContracts
1225 Main Street
Sebastian, Florida 32958 2023 Manager
(772)388-8231
Tuesday, February 14, 2023 Q 2:00 ITB TITLE:
PM. Local Time DRAINAGE IMPROVEMENTS IN THE
STONECROP DRAINAGE WATERSHED
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.
Bidder's Name and "Doing Business As", if app icable:
Federal Tax Identification Number:
Address:
City: State: Zip
Code:
Telephone No: I 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 tmthful 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 famish
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 ofAuNmrized Representative (Manual)
Name ofAutlmrized Representative (Typed or Printed)
Ttdle
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 Citv, and to waive any non -substantial irregularities.
40
ADDENDA ACKNOWLEDGEMENT `FORM C"
Bidder's Name: Phone #-
DRAINAGE IMPROVEMENTS IN THE
ITB Title: STONECROP DRAINAGE WATERSHED ITB #: 23-04
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 confirn 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: Tide:
Signature: Date:
Failure to fullv complete, step and submit this Form may result in reiection of the submittal
41
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 fullv complete and submit this List may result in resection of the submittal
42
SUB -CONTRACTORS LIST "FORM E"
Bidder's Name: Phone #:
DRAINAGE IMPROVEMENTS IN THE
ITB Title: STONECROP DRAINAGE WATERSHED ITB #: 23-04
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.
1.
2.
3.
4.
5.
6.
Company Work To Be Contact Telephone
Name Performed Person Number
1-1 1 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, siun and submit this Form may result in reiection of the submittal
43
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 maybe 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 Remilatio any other regulatory agency or professional association within the
last five (5) years? YES NOEl- LJ
(2) Has your Bidder, or any member of your Bidder, been declared in default, terminated or removed from a
contract or job relat to the serr��ces your Bidder provides in the regular course of business within the last
five (5) years? YES NO M
(3) Has your Bidder had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the pp5( five (5years that is related to the services your Bidder provides in the regular course of
business? YES u NO u
(4) Describe each affiliation or business relationship with an employee, board member, elected officials) 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 / agree and understand that any misstatement or misrepresentation or
falsification of %acts.shall be cause forforfeimre of rights forfi rlher consideration of this Bid for the City of Sebastian.
Signature Date
Failure to fully comolete. shin and submit this Disclosure may result in refection of the submittal
44
IZ#16100 IW.Y lilei ni9(•7:v 0[1) F-9dIw7AIJ Y� p163;134 Kelw
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 Section 4 of the General
Conditions stating the following:
• Conflict of Interest Disclosure
• No Lobbying Notification
• No -Collusive
• Immigration Laws Notification
• Drug -Free Workplace Provisions
• Public Entity Crimes Notification
• Debarment and Suspension Certification, The Citv of Sebastian will not make
award to narties listed on the Government Wide exclusions in the Svstem for
Award Management (SAM)
• Scrutinized Vendor Certification
• E-Verify, Bidder must submit their Comoanv Profile Page from E-Verifv
with their bid.
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
, 2023, by who is personally known to
me or who has produced as identification and who did take an oath.
[Notary Seal]
Notary Public Name:
Notary Public Signature:
Notary Commission Expiration:
Failure to fully comulete. sign and submit this Affidavit may result in resection of the submit
45
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 (dwixonAcilvofsebastian.om) or by mail to:
CITY OF SEBASTIAN
ATTN: PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32955
Company Name:
Company Address:
Phone Number:
We are not responding to ITB #23-04 Drainase lmonavements in the Srnnec fw Dvaivaer If Lrerd"d
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 dose allowed for preparation of response
ProjectBudget too small
Specifications unclear —too vague, rigid, etc. (please explain below)
Other (please specify below)
REMARKS
Signature
Print Name / Title
Date
46
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 (TCPdnQ
DemandSrar/Onvia
City of Sebastian Web Site
Other (please specify below)
47
FORM
J
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required
to register with, and use the Employment Eligibility Verification System (E-Vedfy) to verify the work
authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S.
Department of Homeland Security website: htto://wwwidhs.00v1F-W/fv.
"Contractor" means a person or entity that has entered or is attempting to enter Into a contract with a
public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or
other remuneration (also referred to as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor
or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -
Vendor or Sub -Consultant).
Vendor/Consultant[Contractor acknowledges and agrees to utilize the U.S. Department of Homeland
Security's E-Verify System to verify the employment eligibility of:
• All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including
assigned sub-vendors/sub-consultants/sub-contractom), to perform employment duties within Florida
and any work in pursuant to the contract with the City.
By entering into a contract with the City, the Vendor/Contractor/Consultant becomes obligated to comply
with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from
time to time. This includes, but is not limited to, utilization of the E-Verify, System to verify the work
authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure
to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute,
the subcontract must be terminated Immediately. Any challenge to termination under this provision must
be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of i year after the date of termination.
I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify
System during the term of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name:
Authorized Name:
Signature: _
Title:
Date:
Bidder must submit their Com anv Profile Pape From E-Verif with their bid.
State of
County of
This instrument was acknowledged before me on
(Date)
Failure to IWIV complete. shm and submit this Form rose result in reiection of the submittal
48
CLIENT REFERENCE LETTER
To Whom It May Concern,
Subject: Reference Letter for Bid No. 23-04 Drainage Improvements in the Stonecrop Drainage
Watershed
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the City of
Sebastian, Florida 32958. We require the Bidder provide written references with their Bid submission and
by providing you with this document. The Contractor is requesting that you provide the following
reference information. We would appreciate you providing the information requested below as well as
any other information your feel is pertinent:
Name of Project:
Name of Project Owner:
Scope of work:
Value of Project: $ Is construction ongoing? 0 Yes 0 No
Value of Construction: $ If no, was construction completed on time? 0 Yes 0 No
Delivery Method: 0 Design -Bid -Build O CM @ Risk 0 Design -Build 0 Other.
Was Construction completed within budget? 0 Yes ❑ No
Did the Contractor contribute to any delay(s) or increased cost? 0 Yes 0 No
Causes for Delays or Cost Increases: O Design 0 Contractor 0 Owner 0 Regulatory ON/A
Management of Subcontractors: 0 Above expectations 0 Average O Below expectations
Project Safety Management: ❑ Above expectations O Average 0 Below expectations
Was the Contractor responsive to the Project Owner? ❑ Yes ❑ No
Was the Contractor timely with reviews and submittals? O Yes 0 No
Number of Change Orders: Were any Contractor driven? ❑ Yes 0 No
Would you enter into a contract with the Contractor again in the future? 0 Yes O No
If no to any of the above, please provide details below. Provide any other comment you feel appropriate.
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: E-mail:
Sincerely,
Don Wixon,
Procurement Manager
49
BID SECURITY
Each submitted Bid shall be accompanied by a Bid Security, submitted on the Bid Bond Form provided
herein, or in the form of a certified or cashier's check, in the amount of five percent (5%) of the Total
Lump Sum Bid amount submitted on the Official County Bid Form, pledging that the Bidder will enter
into a contract with the Owner on the terms slated in the Bid and will, if required, famish bonds as
described hereunder covering the faithful performance of the Contract and the payment of all obligations
arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds to
the Owner, if required, the amount of the Bid Security shall be forfeited, not as penalty, but as liquidated
damages.
A Bid Security in the form of a certified or cashier's check must be made payable to the City of Sebastian
City Council. Bidders submitting a certified or cashier's check as the bid security we not required to
submit Attachment'B" —Certificate as to Corporate Principal, or the Bid Bond forms provided herein.
A Bid Security in the form of a Bid Bond shall be written on the form provided herein, with an acceptable
surety, and the Attomey-in-Fact who executes the bond on behalf of the surety shall affix to the bond a
certified and current copy of his Power of Attorney. Acceptable surety companies are defined herein
under "Surety Bond". The Surety Company shall be licensed to do business in the State of Florida and
shall be listed by the U.S. Treasury Department. Any Bidder submitting a Bid Security in the form of a
Bid Bond must also submit Attachment "B" — Certificate as to Corporate Principal.
The Owner shall have the right to retain the Bid Security of Bidders until either: (a) the Contract is
executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids
may be withdrawn, or (c) all Bids have been rejected.
BID BOND TSTRUCTIVN/
If a Bidder chhooses to sujj�>mit a Bid Bond on the form provided herein, he must submit the bond as
follows:
1. Prepare and submit one (1) original of the required Bid Bond Form as shown above
2. Type or print Bidder's and Surety's names in the same language as in the Advertisement, or
Invitation to Bid
3. Affix the Corporate Seal, and type or print the name of the Surety on the line provided and affix its
corporate seal.
4. Attach a copy of Surety agent's Power of Attorney, unless the Power of Attorney has been recorded
in the City of Sebastian. If it has been recorded, give the record book and page. If not recorded, the
copy of the Power of Attorney must have an original signature of the Secretary or Assistant
Secretary of Surety certifying the copy. The Surety's corporate seal must be affixed.
5. Failure to submit a bid bond shall result in a Bidder being deemed non -responsive and removed
from consideration of award.
CITY OF SEBASTIAN AFFIDAVIT
Bidder shall complete and submit a sworn statement as part of the submitted Bid. This sworn statement
shall be an Affidavit in the following form, executed by an officer/principal of the Bidder, and shall be
sworn to before a person who is authorized by law to administer oaths.
STATE OF
fill lI QIllh o39
The Undersigned authority. ("Affiant'), who being duly
sworn, deposes and states that he/she is the (Title)
of the Bidder (Full Legal Name of Bidder) submitting the
attached Bid for the services provided in the Bid Documents for Bid No: 23-04. Drainage,
Improvements in the Stonecroo Drainage Watershed for the Citv of Sebastian.
The Affiant further states that no more than one Bid for the above -referenced project will be submitted
from the Bidder, the Aunt, their firm or corporation under the same or different name, and that such
Bidder has no financial interest in the firm of another Bidder for the same work. Affiant also states that
neither he/she, the firm, association nor corporation of the Bidder has either directly or indirectly entered
into any agreement, participated in any collusion, nor otherwise taken any action in restraint of Gee
competitive bidding in connection with this firm's Bid on the above -described project. Furthermore,
neither the firm nor any of its officers are barred from participating in public contract lettings in the State
of Florida or any other state.
DATED this day of , 20
Signature of Affiant
Printed Name of Affiant
Printed Title of Affiant
Full Legal Name of Consultant/Contractor
Sworn to (or affirmed) and subscribed before me by means of O physical presence or ❑ online
notarization, this day of , 20_, by
. who is personally known to me or has produced
as identification.
Notary Public
My Commission Expires:
BIDDER MUST EXECUTE AND ATTACH THIS AFFADAVIT TO SUBMITTED BID.
51