INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions, have the meanings assigned to them in the General Conditions, as supplemented. The term "Apparent Low Bidder" means the Bidder submitting the lowest Bid at the Bid Opening without correction of numerical discrepancies or determination of responsiveness and responsibility. The term "Successful Bidder" means the Bidder to whom City awards or expects to award the Contract.

ARTICLE 2 – TIMELINE OF BIDS

2.1 The timeline of the bid is in accordance with the Notice to Bidders.

ARTICLE 3 – COPIES OF BID DOCUMENTS

3.1 Bid documents, including drawings and specifications, may be examined at the Office of the Procurement Department, City Hall Municipal Complex, 120 Malabar Road SE, Suite 200, Palm Bay, Florida, 32907. CD Copies of the Bid documents are available upon request from the Office of the Procurement Department.

3.2 Bid documents, plans, specifications and addenda information will be posted online at the City of Palm Bay’s Web Page located at http://www.palmbayfl.gov/procurement. Bidders are responsible for checking this location for updates.

3.3 Complete sets of Bid documents shall be used in preparing Bids. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid documents.

3.4 The City, in providing copies of Bid documents on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use.

ARTICLE 4 – QUALIFICATIONS OF BIDDERS

4.1 Each Bid must contain license requirements outlined in the solicitation, or the Bidder must be able to obtain a license in the State of Florida prior to the Notice of Award. This paragraph does not in any way modify the City’s right to determine nonconforming, nonresponsive or incomplete bids, in its sole discretion, as otherwise defined in Article 14.

4.2 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within seven (7) calendar days after Bid Opening, information including, but not limited to, the qualifications submittals set forth in Article 16 of these Instructions to Bidders and evidence of authority to conduct business in the jurisdiction where the Project is located. Submittals requested pursuant to this paragraph shall be referred to as the Qualifications Submittals and are in addition to those required elsewhere.

4.3 Bidders will be evaluated with respect to having successfully completed projects of a similar size, nature and time frame.

4.4 The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidders to perform their obligations under the agreement and the Bidders shall furnish to the City all such information, clarification and data for this purpose as the City may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidders are qualified to properly carry out the terms of the Agreement.

Reference Article 16 for additional information.

4.5 The Bidder is required to identify the job superintendent, competent person, confined space coordinator and maintenance of traffic coordinator. Reference Articles 8 of the Agreement, Section 00500.

ARTICLE 5 – EXAMINATION OF BID DOCUMENTS AND SITE

5.1 Before submitting a Bid, it is the responsibility of each Bidder to: a) examine the Bid documents thoroughly, b) visit the site(s) to familiarize himself with the Work, locality, soil conditions, and all local weather and climate conditions and determine that no conditions exist that would in any manner affect the Bid price that the project can be completed for the Bid price submitted, c) totally familiarize himself with and understand and obligate himself to comply with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work, d) study and carefully correlate Bidder’s observations, reports and investigations with the Bid documents and e) promptly notify the Chief Procurement Officer of all conflicts, errors, ambiguities or discrepancies discovered in or between the Contract Documents and such other related documents.

5.2 Reference is made to the Supplementary Conditions, if any, for the identification of those reports of conditions at or contiguous to the site which may affect cost, progress or performance or the work, which have been relied upon in preparing the plans and specifications, including but not limited to investigations and tests for subsurface and latent physical conditions at the site. The City will make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid documents.

5.3 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, and data concerning conditions at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the Contract Documents.

5.4 On request, the City will provide each Bidder access to the site(s) to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

5.5 The lands upon which the work is to be performed, right-of-way for access thereto and other lands designated for use by Contractor in performing the work are identified in the Supplementary Conditions or on the plans.

5.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given the Chief Procurement Officer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 - ADDENDA AND INTERPRETATIONS

6.1 Bidders shall promptly notify the Procurement Contact as listed in these Contract Documents of any ambiguity, inconsistency, or error, which they may discover upon examination of the Bid documents or the site.

6.2 All questions about the meaning or intent of the Bid documents shall be submitted to City’s Procurement Contact as listed in these Contract Documents in writing or via email. Questions received after the date indicated in Notice To Bidders but prior to the due date for Bids will not be answered. Bidder is responsible for verifying receipt of questions to Procurement contact. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Bidders in submitting their Bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. Replies considered necessary will be issued through Addenda to all parties recorded by the City’s Procurement Department as having received complete sets of Bid documents up to seventy-two (72) hours before Bid Opening time. Brief Addenda may be issued between seventy-two (72) hours and twenty-four (24) hours before Bid time to all parties recorded by the City’s Procurement Department as having received complete sets of Bid documents only. Addenda information will be posted online at the City of Palm Bay Web Page http://www.palmbayfl.gov/procurement. Bidders are responsible for checking this location for updates.

ARTICLE 7 – PREPARATION OF BID

7.1 The Bid Form is included in the Contract Documents. Additional copies may be obtained from the Office of the Chief Procurement Officer.

7.2 Bid Forms must be completed in one (1) electronic PDF submittal. All blank spaces must be filled in.

7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. If requested, the person signing a Bid for a corporation or partnership must produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. If the Bidder is a corporation, and if the Bid is executed by someone other than the president or vice president of the corporation, attach to the Bid a certified copy of corporate resolution of the board of directors of the corporation authorizing the person to execute the Bid on behalf of the corporation.

7.4 Bids by partnerships must be executed in the partnership name and signed by a partner. The partner’s title must appear under the signature and the official address of the partnership must be shown below the signature.

7.5 All names and titles must be typed or printed below signature.

7.6 The Bid shall contain an acknowledgment of receipt of all Addenda. (The numbers of each addendum shall be filled in on the Bid Form.)

7.7 The address to which communications regarding the Bid are to be directed must be shown.

ARTICLE 8 – MODIFICATION AND WITHDRAWAL OF BID

8.1 Bids may only be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the deadline for submitting Bids. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so; and, in case signed by a deputy or subordinate, the principal’s proper written authority to such deputy or subordinate must accompany the request for withdrawal or modifications. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn, modified, or explained.

8.2 If within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the City and within forty-eight (48) hours thereafter demonstrates to the reasonable satisfaction of the City that: a) there has been a material and substantial mistake in the preparation of the Bid;

b) the mistake is of such great consequence that to enforce the Contract would be unconscionable;

and c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security will be returned provided that the City is not seriously prejudiced, except for the loss of its bargain.

ARTICLE 9 - SUBMISSION OF BID

9.1 Bids submitted before the time and at the place indicated in the Advertisement for Bid and shall be submitted electronically via the City of Palm Bay’s Bonfire platform.

The Bidder is responsible for ensuring the Bid is delivered to and received by the City prior to the stated closing time.

9.2 More than one (1) Bid received for the same work from an individual, firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one (1) Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion will not be considered.

ARTICLE 10 – ACCEPTANCE OF CONDITIONS

10.1 Response to this bid indicates acceptance of conditions of the bid. Bidders shall list any exceptions to the general terms and conditions of the bid and to insurance requirements and any other requirements listed in the bid. Acknowledgement of all amendments issued to the bid shall be included in the bid.

Any Bidder’s listing of exceptions in its bid will in no way obligate the CITY at any time to change the conditions of its bid or Agreement. Exceptions may be unacceptable to the CITY and may be cause for rejection of a Bidder’s bid.

ARTICLE 11 – COSTS INCURRED IN RESPONDING

11.1 All costs directly or indirectly related to preparation of a response to this Invitation to bid, or information required to supplement and/or clarify the bid that may be required by the CITY, shall be the sole responsibility of and shall be borne by the Bidder(s).

11.2 Bidders waive any claim for liability against the CITY as to loss, injury and cost or expenses, which may be incurred as a consequence of responding to this Invitation to bid.

ARTICLE 12 – BID SECURITY

12.1 Bid Security shall be submitted and shall be made payable to City of Palm Bay, in an amount of not less than five percent (5%) of the Bid price and in the form of a certified or cashier’s check or a Bid Bond (Reference Section 00400) issued by a Surety meeting the requirements of Article 5 of the General Conditions as amended by the Supplementary Conditions. The Bid Bond shall be issued by a surety company who is licensed and holds a current certificate to conduct business in the State of Florida. Personal checks are not acceptable.

12.2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the agreement and furnished the required Construction Bonds, whereupon the Bid Security will be returned. If the successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver the agreement and furnish the required Bonds within fifteen (15) days of the Notice of Award, the City may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the ninety-first (91st) day after the Bid Opening. Bid Security of other Bidders will be returned approximately seven (7) days after the Bid Opening.

ARTICLE 13 - BIDS TO REMAIN OPEN

13.1 Bids shall remain open for delivery by the City of the Notice of Award for ninety (90) calendar days after the day of the Bid Opening, but City may, at its sole discretion, release any Bid and return the Bid Security prior to that date.

13.2 Extensions of time when Bids shall remain open beyond the ninety (90) day period may be made only by mutual agreement between City, the Successful Bidder, and the surety, if any, for the Successful Bidder.

ARTICLE 14 – AWARD OF CONTRACT

14.1 The City, in its sole discretion, reserves the right to reject any and all Bids, to waive any and all informalities and reserves the right to disregard all nonconforming, non-responsive or incomplete Bids. The City specifically reserves the absolute right to determine the seriousness of any Bidder’s failure to specifically conform to the requirements of the Bid document. Bidders cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any Bid. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of Addenda as prescribed. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Errors in the multiplication of unit prices by the number of units will be resolved in favor of the correct calculation.

14.2 If the Contract is to be awarded, it will be awarded on the basis of the most responsive, responsible, lowest "Total Bid." The City reserves the right to accept any or all additive or deductive alternates, in the City’s sole discretion, prior to the award of the Contract and to consider such alternates in determining the lowest “Total Bid.”

Any negotiated Contract that may result from this bid shall be inclusive of the entire effort required to provide the Work as described.

The CITY reserves the right to waive or amend any provisions, requirements or standards set out in this Invitation to Bid if in the opinion of the CITY, any such waiver or amendment will not be detrimental to the CITY’s best interest. The CITY decision to waive or amend any provisions, requirements or standards shall not and cannot be used or serve as a basis or reason for other responders to challenge the CITY decision of the entity to which any contract is awarded.

14.3 The ability of a Bidder to obtain a Performance and Payment Bond shall not be regarded as the sole test of such Bidder's competency or responsibility. Nothing contained herein shall place a duty upon the City to reject Bids or award the Contract based upon anything other than the CITY’s sole discretion as described herein.

14.4 Relative to the award of Contract, the City may consider the qualifications and experience of Bidders, Subcontractors and other persons and organizations (including those who are to furnish the principal items of materials or equipment). The qualifications shall be submitted as provided in Articles 4 and 16 of these Instructions to Bidders. The City may conduct such investigations and require supplemental information or clarification as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder. The City reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to City's satisfaction.

14.5 A Contract for the Work will be extended when the award is made to the lowest responsible, responsive Bidder whose bid is most advantageous to the CITY. The Successful Bidder who is awarded the Contract will be required to perform the Work as a Prime Contractor. No assignment of the Contract will be allowed without written permission of the City.

14.6 The Successful Bidder shall submit, upon request of the City, documentation evidencing its capability to perform classes of work contemplated, and the necessary plant and sufficient capital to execute the work properly within the time specified. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may be considered by the City.

14.7 If the Contract is to be awarded, the City will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid Opening.

ARTICLE 15 – SIGNING OF AGREEMENT

15.1 When City gives a Notice of Award to the Successful Bidder, it will be accompanied electronically by unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days of receipt thereafter, Successful Bidder shall sign and electronically deliver counterparts of the Agreement to the City together with the documents required in Article 19. Within ten (10) days of receipt of the complete and properly executed submittals, City will deliver a fully signed counterpart to Bidder.

15.2 Failure by a Successful Bidder, to whom the Contract is awarded, to execute the Agreement or to furnish the required Bonds or insurance certificates and endorsements shall be just cause for the annulment of the award and the forfeiture of the Bid Security. A Successful Bidder who is awarded the Contract and fails to execute the Agreement or furnish the required Bonds or insurance certificates and endorsements within the period specified shall be liable to City for all damages resulting there from including increased project costs, reasonable engineer's and attorney's fees and costs, and engineer's and attorney's fees and costs on appeal. The Bid Security forfeited shall not be a limitation thereon.

15.3 Each Bidder submitting a Bid to the City, for the work contemplated by the documents on which Bid is based, shall execute and attach thereto an affidavit substantially in the form herein provided to the effect that the Bidder has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. Reference Section 00301 Non-collusion Affidavit of Prime Bidder.

ARTICLE 16 - QUALIFICATIONS SUBMITTALS

16.1 It is the intention of the City to award this Contract to a Bidder competent to perform and complete the Work in a satisfactory manner. Accordingly, City may require the apparent successful Bidder to submit, within seven (7) days after Bid Opening, information requested in Section 00305, Statement of Bidder’s Qualifications including, but not limited to, the following: a) evidence of Bidder's certification and license to perform the Work and services; b) experience with references;

c) financial statement; d) Preliminary Progress Schedule; and e) Preliminary Schedule of Values all as set forth below, to allow City to conduct qualifications investigations.

The experience and financial statement shall provide data additional to that information provided in the Bid Form pertaining to CONTRACTOR’S financial resources, adequacy of plant and equipment, manpower, organization, and prior experience with references and a list of all previous or on-going construction contracts over the last five (5) years. The City in its discretion may require any or all of the above listed information from any other Bidder.

16.2 The Preliminary Progress Schedule shall consist of a diagram which shows the order in which the top-ranked Bidder proposes to perform the work within the constraints and sequencing conditions set forth in the specifications and shall indicate starting and completion dates for key project milestones. Activities shall further identify significant submittals/approvals, major equipment deliveries, equipment testing, City's responsibilities, and those of affected utilities and other similarly involved third parties.

16.3 The Preliminary Schedule of Values shall consist of an itemization of the Bid by major structures or areas of work.

16.4 The Successful Bidder and surety company, if any, hereby agree that any delays within Bidder's control in the delivery of these Qualifications Submittals will require a written request by Bidder for an extension of the time during which the Bid shall remain open for the City's acceptance. Should City agree to such extension, Bidder will be required to comply with this Submittal Requirement within five (5) additional calendar days. At the City's option, failure by the apparent successful Bidder to deliver these Qualifications Submittals within the extended period will void evaluation of the Bid and will constitute proof that the Apparent Bidder has abandoned his Bid; his Bid Security shall be declared forfeited to the City and the Work shall be awarded to another Bidder.

16.5 If upon receipt and evaluation of the submittals the apparent successful Bidder does not pass the evaluations to City's satisfaction, City reserves the right to reject the Bid.

ARTICLE 17 - SUBCONTRACTORS

17.1 Each Bidder shall submit to the City a list of all Subcontractors and other persons and organizations proposed for the project, including those who are to furnish the principal items of material and equipment. This list shall include the name and address of the Subcontractor, person or organization, a description of the services, materials or equipment to be supplied, estimated time required for preparation and submittal of shop drawings, and estimated lead times required for the fabrication of any long lead items and concurrence thereof. Such list shall be accompanied by a statement of experience with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person or organization. If City or Engineer has a reasonable objection to any proposed Subcontractor, other person or organization, either may, before the Notice of Award, request the apparent successful Bidder provide an acceptable substitute. If the apparent successful Bidder declines to make any such substitution, the City may elect not to award the Contract to such Bidder.

17.2 The Contractor will submit a complete and accurate Subcontractor list, with their applicable licenses, no later than at the Preconstruction Meeting. Modifications to the Subcontractor list after that date requires approval by the Project Manager prior to making such modifications.

ARTICLE 18 – CONTRACT ASSIGNMENT

18.1 The Successful Bidder will be required to perform the work as a Prime Contractor. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the agreement or any portion thereof, or of the CONTRACTOR’S right, title, or interest therein, without written consent of the City.

ARTICLE 19 - BONDS AND INSURANCE

19.1 Article 5 of General Conditions sets forth City’s requirements as to Bonds and Insurance. When the Successful Bidder delivers the executed Agreement to City, it shall be accompanied by the required Bonds, Insurance Certificates and Endorsements.

19.2 Construction Bonds shall be recorded with the Brevard County Clerk of Courts before submitting them to the City.

ARTICLE 20 - TAXES AND FEES

20.1 The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements.

ARTICLE 21 – LIQUIDATED DAMAGES AND INDEMNITY

21.1 Provisions for liquidated damages are set forth in Article 16 of Section 00500 AGREEMENT.

ARTICLE 22 - AVAILABILITY OF LANDS FOR WORK

22.1 The lands upon which the Work is to be performed are controlled by the City. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing easements are to be obtained and paid for by City unless otherwise provided in the Contract Documents.

ARTICLE 23 – REQUIRED DISCLOSURES

23.1 With its Bid submission, Bidder shall disclose all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this State or any other state of the United States against a) Bidder, b) any business entity related to or affiliated with Bidder, or c) any present or former executive employee, officer, director, stockholder, partner or agent of Bidder or of any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns twenty percent (20%) or less of the outstanding shares of a Bidder whose stock is publicly owned and traded.

23.2 The discretion of the City may be exercised based on the disclosure required herein, the City’s own investigation, public records, or any other reliable sources of information. The City may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the City may reject the Bid based upon the exercise of its sole discretion and Bidder waives any claim it might have for damages or other relief resulting from the rejecting of its Bid based on these grounds.

23.3 With its Bid submission, Bidder shall disclose any prior litigation, of any type and in any jurisdiction, in the last three (3) years. The disclosure shall include the case name or style, the jurisdiction, the case number and the outcome of the case (if completed). Workers’ Compensation claims are specifically excluded and shall not be included in this disclosure.

ARTICLE 24 – PUBLIC ENTITY CRIMES & SCRUTINIZED COMPANY LIST

24.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

24.2 SCRUTINIZED COMPANY LIST – STATE OF FLORIDA REQUIREMENT: Sections 287.135 and 215.473, Florida Statutes, prohibit Florida municipalities from contracting with companies, for goods or services over $1,000,000 that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or to engage in any Business operations with Cuba or Syria. Sections 287.135 and 215.4725 also prohibit Florida municipalities from contracting with companies, for goods or services in any amount that are on the list of Scrutinized Companies that Boycott Israel.

The list of “Scrutinized Companies” is created pursuant to Section 215.473, Florida Statutes. A copy of the current list of “Scrutinized Companies” can be found at the following link:

https://www.sbafla.com/reporting/global-governance-mandates/

The company representative authorized to sign on behalf of the bidder, hereby CERTIFIES that the company identified as the Respondent is not listed on either the Scrutinized Companies with Activities in Sudan List; or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; is not participating in a boycott of Israel; and does not have any business operations with Cuba or Syria. Authorized representative understands that pursuant to Sections 287.135 and 215.473, Florida Statutes, the submission of a false certification may subject the Respondent company to civil penalties, attorney’s fees, and/or costs.

Bidder/proposer understands and agrees that the City may immediately terminate any contract resulting from this solicitation upon written notice if the company referenced above are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) for any contract for goods or services in any amount of monies, it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars ($1,000,000) or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Lists are created pursuant to section 215.473, Florida Statutes.

ARTICLE 25 – PUBLIC BID DISCLOSURE ACT

25.1 This section may be cited as the Public Bid Disclosure Act, F.S. 218.80.

25.2 Florida Law requires the City to disclose all of its permits or fees, including, but not limited to, all license fees, impact fees or inspection fees, payable by the Contractor to the unit of the City that issues the Bid or other Invitation to bids, unless such permit of fees are disclosed in the Bidding Documents or other Invitation to bid for the project at the time that project was let for Bid. Florida Law also prohibits the City from halting construction to collect any undisclosed permits or fees which were not disclosed or included in the Bidding Documents or other Invitation to bid for the project at the time the project was let for Bid.

25.3 Bidding Documents or other Invitation to bid issued for Bids by the City, or any public Contract entered into between the City and a Contractor shall disclose each permit or fee which the Contractor will have to pay before or during construction and shall include the dollar amount or the percentage method or the unit method of all permits or fee which may be required by the City as part of the Contract. If the Invitation to bid does not require the response to include a final fixed price, the City is not required to disclose any fees or assessments in the Invitation to bid. However, at least ten (10) days prior to requiring the Contractor to submit a final fixed price for the project, the City shall make the disclosures required in this section. Any City permits or fees which are not disclosed in the Bidding Documents, other Invitation to bid, or a Contract between the City and the Contractor shall not be assessed or collected after the Contract is let. The City shall not halt construction or delay completion of the Contract in order to collect any permit or fees which were not provided for or specified in the Bidding Documents, other Invitation to bid, or the Contract.

25.4 This section does not require disclosure in the Bid documents of any permits or fees imposed as a result of a Change Order or a modification to the Contract. The local government shall disclose all permits, or the fees imposed as a result of a Change Order or a modification to the Contract, prior to the date the Contractor is required to submit a price for the Change Order or modification.

ARTICLE 26 - COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

26.1 In instances where such is applicable due to the nature of the Work with which this Bid is concerned:

all materials, equipment, services, etc., as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements. The Bidder's signature upon the Bid Form (Section 00300) and the Trench Safety Affidavit (Section 00302) is considered certification of conformance to those requirements.

ARTICLE 27 – EMPLOYMENT OF APPRENTICES AND TRAINEES

27.1 Bidder’s attention is directed towards Florida Statutes Chapter 446 regarding employment of apprentices and trainees. Bidders must comply with all applicable provisions of Florida Law.

ARTICLE 28 – DISCRIMINATION

28.1 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid on a contract to provide goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or a consultant under contract with any public entity, and may not transact business with any public entity.

ARTICLE 29 – CONTINGENT ON FUNDING AVAILABILITY

Construction of this project is contingent upon City Council approval or ratification and appropriation of funds necessary to make payment to successful proposer.

29.1 The City reserves the right to cancel this solicitation at any time up to the execution of the Agreement if funding authorization is not received.

29.2 The City reserves the right to terminate the Agreement in accordance with the applicable sections if funding is lost.

ARTICLE 30 – SUBSTITUTE MATERIAL AND EQUIPMENT

30.1 The Contract, if awarded, will be awarded on the basis of material and equipment illustrated and described on the Drawings or specified in the Specifications.

If a substitution list is provided as part of the prescribed Bid Form, Bidders must identify proposed substitute materials and equipment that Bidders may use during the Work at time of Bid submission.

Such substitute materials and equipment will not be considered until the Effective Date of the Agreement. If, after the Effective Date of the Agreement, the Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR’S achievement of the Substantially Completed Date, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to the payment of any license fee or royalty. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by City in evaluating the proposed substitute. City may require Contractor to furnish at CONTRACTOR’S expense additional data about the proposed substitute. Acceptance of the substitute shall be at the City’s sole discretion. Only the proposed alternatives, substitutions or “or equal” items listed on the Substitution List will be evaluated by the Engineer of Record in accordance with the General Conditions. No substitute shall be ordered, installed, or utilized without the City’s prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City may require Contractor to furnish at CONTRACTOR’S expense a special performance guarantee or other surety with respect to any substitute. The cost of changes in related work, additional drawings which may be required to illustrate or define the alternate equipment and its relationship to the other parts or portions of the Work shall be paid by the Contractor. No change will be made in the amount of time in which to complete the Work or in the liquidated damages. If the proposed substituted material or equipment is found to be unacceptable to the Engineer of Record as an “or equal” item, then the material or equipment named in the Specifications shall be furnished by the Contractor, and the Contractor may require Contractor to reimburse the City for the charges of any design professionals engaged for evaluating the proposed substitute.

ARTICLE 31 – TRADE SECRETS

31.1 Respondents should not send trade secrets. If, however, trade secrets are claimed by any respondent they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. If a respondent fails to submit a claim of trade secrets to the City before obtaining the City’s agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information.

ARTICLE 32 – GOVERNMENT FURNISHED MATERIAL

Section not applicable to this solicitation

ARTICLE 33 – CONTRACTOR SECURITY IDENTIFICATION CARDS

CONTRACTOR SECURITY IDENTIFICATION CARDS: All vendors and contractors who enter into a business arrangement with the City will be required to obtain, at no charge, from the City’s Human Resources Department, a security identification badge prior to performance of their awarded contract. This law is established by the City Council through the City Ordinance Number 2007-48, Public Protection Act, as amended by City Ordinance Number 2007-96. Contractors are responsible to determine how this law applies to their company.

Prior to being issued a City security ID card, the contractor shall complete an application which acknowledges, under penalty of perjury, that the contract-employee works or provides service for the contractor, whether for compensation or not, and authorizes the issuance of a City security ID card to the contract-employee. The security ID card will provide limited information identifying the contract-employee (including, but not limited to, name, date of birth, address, and either a driver’s license number or the number of a state-issued identification card) and will provides an expiration date (which shall not be later than the term of the contract). The City retains the right to request fingerprints of the contract employee and/or conduct a background investigation if it is deemed necessary.

A “Contract Employee” is defined as: “Any individual who is employed regularly, seasonally, on a per diem basis, whether or not compensated, to fulfill a duty or obligation of the contractor in or for the City of Palm Bay. Contract Employee shall not include employees of the contractor who do not perform duties within the city limits or who do not have regular contact with the public as a representative of the City.”

Exceptions to this requirement include:

1) Those who provide a service to the City where the City is the consumer of such service and the contractor is repairing, maintaining or installing its equipment which has been leased or sold to the City.

2) Business arrangements for routine deliveries.

3) Any Contractor whose business has more than five hundred (500) employees and which can document at least one other governmental client with a population of more than 70,000 persons, the State of Florida or an agency thereof, or the Federal Government or an agency thereof; or

4) City Risk Manager approval of specific job assignments where the wearing of a security card poses an unusual risk or harm.

ARTICLE 34 – LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – E-VERIFY

The awarded Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. Beginning July 1, 2023, private employers with 25 or more employees are required to use the E-Verify system for new employees. The public agency must verify, utilizing the E-Verify system, that the contractor, and any subcontractors have work authorization status of all new employees of the contractor or subcontractor. The public agency MAY NOT ENTER INTO A CONTRACT unless each party to the contract registers with and used the E-Verify system. Contractors must maintain affidavits from sub-contractors as well. If a public agency, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated this requirement shall terminate the contract, and if a subcontractor is the violator, the contractor must be ordered to terminate the Agreement. Contractor is liable for any additional costs incurred by a public agency as a result of the termination of a contract, and the Contractor may not be awarded a public contract for at least 1 year from the date of termination. Public Agency, contractor or subcontractor may file a cause of action with the court to challenge the suspension and requirement to pay costs within 20 calendar days after the date of contract termination.

ARTICLE 35 – EX PARTE COMMUNICATION

Ex Parte Communication means any oral or written communication relative to a solicitation, evaluation, award or contract controversy that occurs outside of an advertised public meeting or occurs with someone other than the Chief Procurement Officer, subject to the exclusions identified in Section 38.21 of the City of Palm Bay Code of Ordinance.

1) Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any ex parte communication between a bidder, proposer, contractor or protestant (or its employees, agents or representatives) and the City (its members, employees, agents, legal counsel, contractors, or representatives) during the selection process and award is strictly prohibited. Ex parte communication is prohibited during the following periods:

a) From the date of advertising of the solicitation through award of a contract; and

b) From initiation of a protest of an award or contract through resolution for the parties involved in the protest.

2) Exclusions: This requirement shall not prohibit:

a) Pre-Bid and Pre-Proposal Meetings: Meetings called or requested by the Chief Procurement Officer and attended by bidders or proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, pre-bid or pre-proposal meetings, site visits to the City’s facilities or property, site visits to bidders’ or proposers’ facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting firms. Such authorized meetings shall be limited to topics specified by the Chief Procurement Officer.

b) Solicitation documents may provide for communications from bidders or proposers to designated Procurement Department staff or discussion at meetings called or requested by the City pursuant to this subsection.

c) Addressing the City Council regarding non-procurement topics at public meetings.

d) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings;

e) Contacts by the City’s current contractors but only in regard to:

i. any work being performed on City projects unrelated to the solicitation, or

ii. any City projects under the prohibited ex parte communications for which the current contractors do not intend to submit a response or have not submitted a response to any solicitation documents for those projects;

f) Communications between the Chief Procurement Officer or other City representatives and the bidder or contractor for routine matters arising from ongoing projects or contracts previously awarded;

g) Contacts by bidders and proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation;

h) Communications between the Chief Procurement Officer and bidders and/or proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person.

i) Addressing the City Council during the designated agenda item public comment portion of a meeting where the Council is considering award or permission to negotiate on solicitation that a bidder or proposer submitted on.

j) Violation of this provision shall be grounds to: disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City.

ARTICLE 36 – PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.