17th_Street_T-Ball_and_Baseball_Field_Improvements_REBID_(Addendum_#5_Revision).pdf

INVITATION TO BID

2024-040

17TH STREET T-BALL AND BASEBALL FIELD IMPROVEMENTS

REBID

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: February 25, 2024

DEADLINE FOR QUESTIONS: May 28, 2024

RESPONSE DEADLINE: June 4, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stcloud

City of St. Cloud

INVITATION TO BID

17th Street T-Ball and Baseball Field Improvements REBID

I. INTRODUCTION AND SUBMITTAL INSTRUCTIONS

II. SCOPE OF WORK

III. PROPOSAL FORMS (SUBMITTAL)

IV. INSTRUCTIONS TO BIDDERS

V. BID FORM

VI. QUALIFICATION OF BIDDERS

VII. INSTRUCTIONS TO CONTRACTORS

VIII. CONTRACTUAL DOCUMENTS

IX. PAYMENT AND CONTRACT COMPLETION FORMS

X. BOND REQUIREMENTS

XI. INSURANCE REQUIREMENTS

XII. FEDERAL REQUIREMENTS

Attachments:

A - Contractual Documents

B - Payment And Contract Completion Forms

C - Bid Bond

D - Performance Bond

E - Payment Bond

F - Insurance Requirements

G - Acord Certificate of Insurance Sample

H - Sect-20 Special Conditions

I - Building Department Fee Schedule

J - SECT-30_GENERAL

K - Restroom Building Specifications

Invitation To Bid #2024-040 Title: 17th Street T-Ball and Baseball Field Improvements REBID

L - Civil Plans - BID SET - 17th Street Ball Field 2024-02-23

M - Dugout Plan

N - Geotechnical Reports

O - Landscape Plans - Bid Set - 17th Street Ball Field 2023-05-18

P - Restroom Building Plans & Site Electrical

Q - Survey

R - Pole Barn

S - SFWMD - ERP Permit - 17th Street Ball Fields

T - City SDP22-00037 Permit Approval

U - FDOT Drainage Connection Permit

1. INTRODUCTION AND SUBMITTAL INSTRUCTIONS

The City of St. Cloud is seeking competitive bids for 17th Street T-Ball and Baseball Field Improvements

REBID

TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED BY 2:00 pm on Tuesday, June 4, 2024

IN THE OPENGOV PORTAL https://procurement.opengov.com/portal/stcloud

Bids shall be according to the specifications and terms and conditions herein.

A Pre-Bid Conference will be held on Thursday, May 23, 2024 at 9:00 am local time at City of St. Cloud

Civic Center, Conference Room 3001 17th Street St. Cloud, Florida 34769. Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual Zoom meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s Questions and Answers tab.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform https://procurement.opengov.com/portal/stcloud

Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.

NO VALUE

Important Instructions for Electronic Submittal

The City is ONLY accepting electronic bid submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov, click on "Submit Response", and follow the instructions to submit the electronic bid.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The City shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: support@opengov.com

Phone: 1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Tuesday, May 28, 2024 5:00 pm. Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. Respondents are instructed not to contact the initiating department directly as communication shall result in disqualification.

Answers for timely questions will be addressed in the OpenGov question and answer module and as an addenda to this solicitation. Participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of an addendum which will be available for download.

All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

mailto:support@procurenow.com

2. SCOPE OF WORK

2.1. General Scope of Work

Construction services associated with the 17th St. T-Ball and Baseball Field additions at the 17th St.

recreational complex located on the south side of 17th St., west of Budinger Ave. Additions will include, new dugouts a storage/bathroom building, fencing, field lighting, irrigation and fields.

3. PROPOSAL FORMS (SUBMITTAL)

For upload items, electronic files must be in a Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.) format.

Documents shall not be password protected or locked uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than

150 dpi, to allow for reading or interpreting the words, drawings, images or sketches

3.1. DBA:*

Enter the "DBA (doing business as) name of your agency.

*Response required

3.2. Authorized Representative Name/Title:*

*Response required

3.3. FEIN No.:*

*Response required

3.4. Mailing Address (if different):*

*Response required

3.5. Company Type*

Please designate your Company Type

☐ Sole Proprietor

☐ Partnership

☐ Corporation

☐ Limited Liability Partnership

☐ Limited Liability Corporation

*Response required

3.6. State of Florida Construction Industry Licensing Board License No.* (attach copy)

*Response required

3.7. Bidder is registered with the Florida Department of State Division of Corporations to do business with the State of Florida?* https://dos.myflorida.com/sunbiz/

Attach proof of registration.

*Response required https://dos.myflorida.com/sunbiz/

3.8. EXPERIENCE OF BIDDER

3.8.1. Bidder must demonstrate ability to construct projects of similar complexity, nature and size of this project. * Do you have any similar work in progress at this time?

☐ Yes

☐ No

*Response required

3.8.2. Length of time in business*

_____/_____ (years/months)

*Response required

3.8.3. Bank and/or other financial references*

Provide letter(s) from bank(s) and/or other financial references, e.g., Dunn and Bradstreet rating attesting to contractor’s financial stability.

*Response required

3.8.4. Bidder shall provide a minimum of five (5) references regarding experience in this particular project work. *

Reference #1: (Please list the following information below)

Name of client agency:

Complete address:

Telephone Number:

Contact name:

E-mail address:

Date of contract:

Name of project:

Dollar amount of contract:

*Response required

3.8.5. References Continued*

Reference #2: (Please list the following information below)

Name of client agency:

Complete address:

Telephone Number:

Contact name:

E-mail address:

Date of contract:

Name of project:

Dollar amount of contract:

*Response required

3.8.6. References Continued*

Reference #3: (Please list the following information below)

Name of client agency:

Complete address:

Telephone Number:

Contact name:

E-mail address:

Date of contract:

Name of project:

Dollar amount of contract:

*Response required

3.8.7. References Continued*

Reference #4: (Please list the following information below)

Name of client agency:

Complete address:

Telephone Number:

Contact name:

E-mail address:

Date of contract:

Name of project:

Dollar amount of contract:

*Response required

3.8.8. References Continued*

Reference #5: (Please list the following information below)

Name of client agency:

Complete address:

Telephone Number:

Contact name:

E-mail address:

Date of contract:

Name of project:

Dollar amount of contract:

*Response required

3.8.9. Bid Bond

Use this feature to upload requirements:

• Electronic Bid Bond with a certified and effectively dated copy of the Power of Attorney

(required unless using alternative surety). Respondents shall ensure the City's required Bid Bond

Template is utilized. Attachments

NOTE: Proposal shall include a bid bond equal to 5% of the total amount of the bid. Failure to submit a bid bond shall deem the submittal non-responsive.

• Bid_Bond.pdf

3.9. Bid Forms and Certifications

3.9.1. Certification of Non-segregated Facilities*

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he as obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and https://procurement.opengov.com/portal/stcloud/projects/82010/document?section=228185 https://government-project.s3.us-west-2.amazonaws.com/28340/f1777600-eb08-4d5f-b542-a3675e0a223e_Bid_Bond.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4FM7VZ75L%2F20240603%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240603T210140Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEAwaCXVzLXdlc3QtMiJHMEUCIBHbAw3juet6ZhFC8%2FJPeSQRvyO0c33A7uesdpJhReW5AiEA111pBjv9CHvkfIrGMjXcFivMDHw2KviLx%2BWLNhis7asqjAUIlf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDCFf4k6riYVLBHQPyyrgBGpaOt5gb%2FcrzVL3BXF0gqdONha42cTNLvQbZtNs2B1FgtUPYxTEsG%2Fmg9Y3x5UOB%2BqPMQmTJ%2FP6epPyGcmi%2FKh355ENTLIP4nfGniy61yc0Ag9dWdsqlPk2aSjdov40v%2FO4eiU528%2B8fZyhOefbf3xa1DPn%2FOjlp5If1Sp5ypdhKOcSkAmKCDcE0DWudx0xGIn2%2FvABTBFTUgvVgLeGvglBQAa1Ogp6H2OkzMqEEymazL7z%2Fo3iyFLBfAOo3EeZpwsllEn8WRu%2FAtSJesSHy8VaTuWNVOHobXwN2rNDistv2Qqo1%2F1Z121kTTA%2F67aBPlkZHQLIFKkVDEhjmqbemhlG7jkRJr5X9Nd4dw0H4Lis08rgz92zduE89wN56DjnWLL%2Bm7JedxxQOKwbUOCHepuGZzXiMkDkycmaBD7T%2BL7Ver3hz2Y%2FmYLK0fiNWEsye%2Bk8lBBeN4PjkJYp2gbG5DHZY7zHZFNJFuZ1YAl5RwMzGAf%2BM4PYtYZygjibt9cEjGr0hlj8sz8MAAFN0BOMVhdAGDO1hFhAAt70EispYILOuk3mhm2bDl%2BVjEKDGsHoaqf7ePFtDhXPciyc1xh1Nj8sfvdF6HzdFvzwqUUrdfLheTLb6Hu%2FbKJZnhFAJ8WX%2BN1BmrOt6%2B7NnSBmnqY3zy3UjDwmpDLSo5dlK9iHOID4GDC9cxhgPh3JcnoKwhsUsTx5wTW9H3UPOOeJXFmXhf92XWOz5A%2BEIxBOjzS7YOiHHsnoVf%2FnLNCGl1IygX7aoKzWtbRv%2FzCDI8Im76FDUind%2Bo3hIlLLqFCTdcA1rCypMMPE%2BLIGOpsB91AhQrKOOaugyIJ5M7rpLULS5ashUp%2B5VMqd3lOgU3YM824xxRGzCmIvRwtGY6Tfc6Ovmrlb%2FnDm4BAiOEdi2H6KgP9n20xJz876eGjAMctfPN3LgbwU2V6ZPgjR3Kw%2B5LXr%2B0PPcog0e8N1o9xGIn4JyN%2FQtWNzLZwu1lwgPmPtESNZHRq2FjvtBYwWLzezduW5eVv7x8G6qWE%3D&X-Amz-Signature=57513bf1f936bd46376f75d94b3470c480c96bf73f009b8a6e0abd5197df6fd3&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Bid_Bond.pdf%22&x-id=GetObject implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein.

NOTE:

The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

☐ Please confirm

*Response required

3.9.2. Proposal*

TO: Procurement Services

City of St. Cloud

1300 9th Street

St. Cloud, Florida 34769

PROPOSAL: 2024-040 17th Street T-Ball and Baseball Field Improvements REBID

The undersigned, hereinafter called "Bidder", having visited the site of the proposed project and familiarized himself with the local conditions, nature and extent of the work, and having examined carefully the specifications, the Form of Agreement, and other Contract Documents, with the Bond

Requirements therein, proposes to furnish all labor, materials, equipment and other items, facilities and services without exception for the proper execution and completion of 17th Street T-Ball and Baseball

Field Improvements REBID in full accordance with specifications and in accordance with the

Advertisement for Bids, Instructions to Bidders, Agreement and all other documents relating thereto on file in the City of St. Cloud Procurement Services office and, if awarded the contract, to complete the said work within the time limits specified and for the bid prices in the Fee Schedule completed by contractor in this submittal.

Total Bid Amount: The Bidder agrees to perform all of the work described in this solicitation and comply with the terms therein for the proposed fee.

☐ Please confirm

*Response required

3.9.3. Award of Contract*

Award, if awarded, will be made to overall lowest, responsive and responsible bidder in accordance with award criteria. When alternates are specified: such alternates are intended as options to be selected by

Owner and are in no way intended to be construed as items to be awarded separately unless specifically called for under these specifications.

The schedule of unit prices is required, such schedule as contained in the specifications and is attached hereto. Bidder shall upload a copy of the bid bond or check to the 'Attachments' section of this submittal and express mail the original bid bond or check to City of St. Cloud, Procurement Services, 1300 9th Street, Building A, 2nd Floor, St. Cloud, Florida 34769.

Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original.

The Bidder hereby agrees that:

A. The above proposal shall remain in full force and effect for a period of ninety (90) calendar days after the time of the opening of this proposal and that the Bidder will not revoke or cancel this proposal or withdraw from the competition within the said ninety (90) calendar days.

B. In the event that contract is awarded to this Bidder, Bidder will enter into a formal written

Agreement with the Owner in accordance with the accepted bid within ten (10) calendar days after said contract is submitted to him and will furnish to the Owner a Contract Performance

Bond and Contract Payment Bond with good and sufficient Sureties, satisfactory to the Owner, in the amount of 100% of the accepted bid, the form and terms of which shall comply fully with

Section 255.05 of the Florida Statutes. The Bidder further agrees that in the event of the

Bidder's default or breach of any of the agreements of this proposal, the said Bid Bond (deposit) shall be forfeited, not as a penalty, but as liquidated damages.

C. The Bidder further acknowledges that the Owner shall incur no obligation prior to both parties' execution of the formal written agreement nor prior to Bidder's receipt of Owner's purchase order or confirmation letter pursuant to Section 2-187 of the St. Cloud City Code.

☐ Please confirm

*Response required

3.9.4. Non-Collusion Affidavit of Subcontractor (to be submitted by awarded bidder for each subcontractor utilized on project)*

If awarded, I will submit a NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR for each subcontractor within a reasonable amount of time prior to executing a contract. The NON-COLLUSION AFFIDAVIT OF

SUBCONTRACTOR can be found under #Attachments .

☐ Please confirm

*Response required

3.9.5. Non-Collusion Statement of Prime Bidder*

I am an authorized representative of my company (“Bidder”) to certify and submit this Bid, being first duly sworn, deposes and says that:

A. The Bidder that has submitted the attached Bid;

B. Bidder is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

C. Such Bid is genuine and is not collusive or a sham Bid;

https://procurement.opengov.com/portal/stcloud/projects/82010?section=731954

D. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other

Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of St. Cloud, Florida or any person interested in the proposed

Contract: and;

E. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

☐ Please confirm

*Response required

3.9.6. List of Subcontractors and Major Materials Suppliers * List the names of the subcontractors and major material suppliers who will perform the phases of the work indicated:

SUBCONTRACTORS

Provide a list of any subcontractors. Include their complete business name, complete address, telephone number, certification registration number, corporate charter number, and the name of a contact person.

MATERIAL SUPPLIERS

Provide any material supplier you intend to use, which includes their complete business name, complete address, telephone number, type of material purchased, and the name of a contact person.

The Bidder certifies that he has investigated each subcontractor / supplier listed and has received and has in his files evidence that each subcontractor maintains a fully equipped organization capable, technically and financially, of performing the pertinent work, and that he has made similar installations in a satisfactory manner.

*Response required

3.9.7. Solicitation Confirmation*

I have carefully examined the Invitation to Bid. I hereby propose to furnish the services specified in the

Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of

St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this

Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.9.8. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

Please download the below documents, complete, and upload.

• Sworn_Statement.pdf

*Response required

3.9.9. Respondent’s Certification*

I have carefully examined the Invitation to Bid.

I hereby propose to furnish the services specified in the Invitation to Bid. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.9.10. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* This sworn statement is submitted to the CITY OF ST. CLOUD, FLORIDA

I, being duly first sworn state:

That the firm, corporation or organization submitting this proposal is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction.

https://government-project.s3.us-west-2.amazonaws.com/28340/b9a91479-f57d-4707-9aa9-cfe095d6a15c_Sworn_Statement.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4FM7VZ75L%2F20240603%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240603T210140Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEAwaCXVzLXdlc3QtMiJHMEUCIBHbAw3juet6ZhFC8%2FJPeSQRvyO0c33A7uesdpJhReW5AiEA111pBjv9CHvkfIrGMjXcFivMDHw2KviLx%2BWLNhis7asqjAUIlf%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDCFf4k6riYVLBHQPyyrgBGpaOt5gb%2FcrzVL3BXF0gqdONha42cTNLvQbZtNs2B1FgtUPYxTEsG%2Fmg9Y3x5UOB%2BqPMQmTJ%2FP6epPyGcmi%2FKh355ENTLIP4nfGniy61yc0Ag9dWdsqlPk2aSjdov40v%2FO4eiU528%2B8fZyhOefbf3xa1DPn%2FOjlp5If1Sp5ypdhKOcSkAmKCDcE0DWudx0xGIn2%2FvABTBFTUgvVgLeGvglBQAa1Ogp6H2OkzMqEEymazL7z%2Fo3iyFLBfAOo3EeZpwsllEn8WRu%2FAtSJesSHy8VaTuWNVOHobXwN2rNDistv2Qqo1%2F1Z121kTTA%2F67aBPlkZHQLIFKkVDEhjmqbemhlG7jkRJr5X9Nd4dw0H4Lis08rgz92zduE89wN56DjnWLL%2Bm7JedxxQOKwbUOCHepuGZzXiMkDkycmaBD7T%2BL7Ver3hz2Y%2FmYLK0fiNWEsye%2Bk8lBBeN4PjkJYp2gbG5DHZY7zHZFNJFuZ1YAl5RwMzGAf%2BM4PYtYZygjibt9cEjGr0hlj8sz8MAAFN0BOMVhdAGDO1hFhAAt70EispYILOuk3mhm2bDl%2BVjEKDGsHoaqf7ePFtDhXPciyc1xh1Nj8sfvdF6HzdFvzwqUUrdfLheTLb6Hu%2FbKJZnhFAJ8WX%2BN1BmrOt6%2B7NnSBmnqY3zy3UjDwmpDLSo5dlK9iHOID4GDC9cxhgPh3JcnoKwhsUsTx5wTW9H3UPOOeJXFmXhf92XWOz5A%2BEIxBOjzS7YOiHHsnoVf%2FnLNCGl1IygX7aoKzWtbRv%2FzCDI8Im76FDUind%2Bo3hIlLLqFCTdcA1rCypMMPE%2BLIGOpsB91AhQrKOOaugyIJ5M7rpLULS5ashUp%2B5VMqd3lOgU3YM824xxRGzCmIvRwtGY6Tfc6Ovmrlb%2FnDm4BAiOEdi2H6KgP9n20xJz876eGjAMctfPN3LgbwU2V6ZPgjR3Kw%2B5LXr%2B0PPcog0e8N1o9xGIn4JyN%2FQtWNzLZwu1lwgPmPtESNZHRq2FjvtBYwWLzezduW5eVv7x8G6qWE%3D&X-Amz-Signature=a335f837057269effcfe3802271248f0f23afdd8e798259a2db7126f6db31875&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Sworn_Statement.pdf%22&x-id=GetObject

The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and

47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public

Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.

The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-

553.513, Florida Statutes:

The Rehabilitation Act of 1973, 229 USC Section 794;

The Federal Transit Act, as amended 49 USC Section 1612;

The Fair Housing Act as amended 42USC Section 3601-3631.

☐ Please confirm

*Response required

3.9.11. Ownership Disclosure Statement 1*

A. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name Address Ownership

*Response required

3.9.12. Ownership Disclosure Statement 2*

The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows:

*Response required

3.9.13. City of St. Cloud Drug-free Workplace Compliance Form* (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Bidder does):

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this form complies fully with the above requirements.

☐ Please confirm

*Response required

3.9.14. No Lobbying Affidavit/ Confirmation*

On behalf of the responding entity to this solicitation, I confirm the entity, to include all agents, agrees to abide by the City of St. Cloud's no lobbying restrictions in regard to this solicitation.

☐ Please confirm

*Response required

3.9.15. Vendor Certification Regarding Scrutinized Companies Lists* Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” 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, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida

Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

☐ Please confirm

3.9.16. E-Verify Compliance Form*

ITB NO. 2024-040 17th Street T-Ball and Baseball Field Improvements REBID

Definitions:

“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.

“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.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. 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:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within

Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department.

The Vendor/Consultant/Contractor acknowledges and agrees 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 contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of 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 this 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 no later than 20 calendar days after the date of termination. If this 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 1 year after the date of termination.

☐ Please confirm

4. INSTRUCTIONS TO BIDDERS

4.1. SPECIFICATION OF TERMINOLOGY OR GLOSSARY OF TERMS

Definition of Terms:

Whenever in these specifications the following terms (or pronouns which replace these terms) are used, their intent and meaning shall be interpreted as follows:

Addenda

Addenda are written or graphic instruments issued prior to the execution of the Contract, which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

Advertisement

The public notice inviting the submission of bids for the work.

Bid Bond / Deposit

An original bid bond executed by Bidder and his Surety, guaranteeing that Bidder, if awarded contract, will execute same, in an amount of not less than five percent (5%) of the total bid amount shall be submitted. Bid security may be in the form of cashier's check made payable to the City of St. Cloud, Florida or an original bid bond with Surety satisfactory to the Owner. A combination of any of the former is not acceptable; bid guaranty shall be in a single, acceptable instrument. The Owner will accept only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida, and as are acceptable to the Owner.

Bidder

Any individual, firm, partnership or corporation submitting a proposal for the work contemplated.

Bid Form (or Proposal)

The written offer of bidder to perform the work as specified at specified price.

Change Order

A written order initiated by the properly authorized representative of the Owner directing the

Contractor to perform changes, additions or deletions to the work. A Change Order shall be executed in the same manner as contract or agreement documents, meaning that the same person(s) shall affix proper signatures, seals, etc. All Change Orders shall be effective only when signed by the Owner, Architect/Engineer, and Contractor.

The contract sum and contract time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the contract sum or the contract time.

Contract

"Contract" shall mean the Contract Documents as defined and listed herein, advertisement, instructions to bidders, bid form, bid bond, contract agreement, payment and performance bonds, general and special conditions, and specifications, together with all addenda and supplemental agreements. The

Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect/Engineer and the Contractor, but the Architect/Engineer shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract documents shall create any contractual relationship between the Owner or the Architect/Engineer and/or Subcontractor or Sub-subcontractor.

Contractor

Any individual, firm, partnership or corporation entering into an agreement or contract to perform the work specified herein.

Date of Substantial Completion

Date of Substantial Completion is the day the project or designated portion thereof is certified by the

Architect/Engineer the Owner can occupy or utilize the work or designated portion thereof for the use for which it is intended.

Drawings

The drawings or reproductions thereof pertaining to the work to be performed and which have been prepared or approved by the Architect/Engineer.

Architect of Record (Architect not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:

NA

NA

NA

Engineer of Record (Engineer not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:

John Porter

Osceola Engineering

1003 Florida Avenue, Saint Cloud, Florida 34769

Lessee

Any individual, partnership or corporation having a tenant-landlord relationship with the Owner.

Owner

City of St. Cloud

1300 9th Street

St. Cloud, Florida 34769

(407) 957-7300

Partial Payment Authorization

Owner's approval of Contractor's progress payment request. The Partial Payment Authorization is completed by Contractor and submitted to Owner for approval and signature. Upon receipt, review, and approval of the signed document by Owner, payment will be made pursuant to Florida Statute Section

218.70, the Prompt Payment Act, and all City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.

Payment and Performance Bonds

Bonds executed on forms provided by the Owner, by the Contractor and his Surety, assuring the

Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the

Contract Documents and will promptly pay all persons who supply labor and materials for such work.

Per Florida Statute 255.05, upon approval and award of the project, the performance and payments bonds are required to be recorded in the public records of Osceola County, Florida. An original or certified copy of the bonds must be returned to City of St. Cloud, Procurement Services.

Progress Payment Request

An estimate of work completed by the Contractor during the preceding calendar month which is submitted to the Owner for review and approval.

Prohibited Communications

Potential bidders shall not communicate in any way with the consultants, elected or appointed officials, City Manager or any City staff, other than Procurement Services personnel, from the time of bid advertisement through and including bid award, except during scheduled pre-bid meetings. Such communication shall result in disqualification.

Project Manager (Project Manager not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.”) For the purposes of this contract:

David Bridle

City of St. Cloud

1300 9th street

St. Cloud FL, 34769

Project Representative

An authorized representative of the Architect/Engineer assigned to assist the Architect/Engineer in performing his responsibilities at the project site.

Proposal

A bid for the work contemplated which the Bidder shall submit on original approved forms.

Responsible Vendor (F.S. 287.012)

A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Bid, Responsive Proposal, or Responsive Reply (F.S. 287.012)

A bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

Responsive Vendor (F.S. 287.012)

A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

Specifications

The general term comprising all the directions, provisions, and requirements contained herein, entitled

"Specifications", those portions of standard specifications to which reference is specifically made in the specifications, and any addenda, that may be issued for the Contract, all describing the manner of performing the work, including detailed technical requirements as to labor, materials, equipment and methods by which such work is to be performed.

Surety

The corporate body which is bound with and for the Contractor, which is primarily liable and which guarantees the faithful performance of the Agreement.

4.2. FAMILIARITY WITH LAWS

The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility.

4.3. FLORIDA PRODUCTS AND LABOR

The Contractor's attention is called to Section 255.04, Florida Statutes, which require that on public building contracts, Florida products and labor shall be used wherever prices and quality are equal.

Superintendents and Workmen. The bidder/contractor shall employ superintendents, foreman and workmen who are careful and competent. The Owner, Architect/Engineer, or project representative may demand the dismissal of any person or persons employed by the bidder/contractor on the work who misbehave or are incompetent or negligent in the proper performance of their duties, or neglect or refuse to comply with the directions given. Such persons shall not be employed again thereon without the prior written consent of the Owner, Project Manager, or authorized representative. Should the

Bidder/Contractor continue to employ or again employ such persons, the Owner, Project Manager, or authorized representative may suspend the work until the persons objected to are dismissed.

Equipment. Equipment used on any portion of the work shall be such that no damage to the work, roadways, adjacent property, or other objects will result from its use.

4.4. TAXES

Although the Owner is not subject to the Florida Sales and Use Tax, any Contractor who purchases materials, which will be used in the Construction of an owned facility, will not be exempted from the

State taxes on the materials and is cautioned he is responsible for payment of any such taxes to his suppliers. All costs thereof shall be deemed to be included in the prices bid for the work, but shall exclude the costs of taxes not applicable.

The Owner is Subject to:

Federal Excise Taxes on materials or appliances that are incorporated into and become a part of the completed improvement. Federal Tax on transportation of property.

In every case of a purchase of materials to be incorporated in the work, which are subject to Federal

Excise Taxes, the Owner will furnish to the Contractor the necessary Federal Excise Tax Certificate upon receipt of a copy of the supplier's invoice showing the item(s), net price and Federal Excise Tax separately.

4.5. PROGRESS PAYMENTS

Payments shall be made pursuant to Florida Statute Section 218.70, the Prompt Payment Act, and all

City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.B7PROGRESS PAYMENTS

Based upon applications of Contractor for payment submitted to the Owner and certificates for such payments as approved by the Architect/Engineer, the Owner shall make monthly progress payments to the Contractor as provided in the Agreement.

The Contractor shall provide proper and correct invoice address to which payments are to be mailed.

4.6. BIDDING DOCUMENTS

Bidding Documents include the Advertisement or Invitation to Bid, Instructions to Bidders, Proposal

Form, Schedule of Prices Bid, other sample bidding and contract forms and the proposed Contract

Documents including any Addenda issued prior to receipt of bids. The Contract Documents proposed for the work consist of the Owner-Contractor Agreement, and Contractual Conditions, the Drawings, the

Specifications and all Addenda issued prior to and all modifications issued after execution of the

Contract.

4.7. ALTERNATES

If the Owner wishes to learn the relative or additional construction cost of an alternative method of construction, and alternative use of type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described in the drawings and/or the specifications.

Alternates will be listed in the Proposal in such manner that the Bidder shall be able to clearly indicate what sums he will add to (or deduct from) his base bid.

If the base bid is within the amount of funds available to finance the construction contract and the

Owner wishes to accept alternative additive bids, then contract award will be made to that responsible and responsive bidder submitting the low combined bid, consisting of the base bid plus alternate additive bids (applied in the numerical order in which they are listed on the bid form). Under this procedure, if the Owner wishes to make award on only the base bid, the contract award will be made to that responsible and responsive bidder submitting the low base bid.

Alternate Bids

Alternate bids will not be accepted unless specifically called for in the solicitation.

Addenda

In case the Owner finds it expedient to supplement, modify or interpret any portion of the solicitation during the bidding period, such procedure will be accomplished by issuance of an Addenda to the

Bidding Documents, which will be available through the Portal.

4.8. INTERPRETATION OF BIDDING DOCUMENTS

No interpretation of the meaning of the drawings, specifications, or other Bidding Documents, no correction of any apparent ambiguity, inconsistency or error therein, will be made to any Bidder orally.

Every request for such interpretation or correction shall be sent via the Portal through the Questions and Answers Tab unless the deadline for questions has passed, in which case requests for interpretations shall be sent via email to purchasing@stcloud.org. All such interpretations and supplemental instructions will be in the form of written Addenda to the Bidding Documents.

Only an interpretation or correction so given by written Addenda to the Bidding Documents shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents.

4.9. EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK

Bidders are required, before submitting their proposal, to visit the site of the proposed work and completely familiarize themselves with the nature and extent of the work and any local conditions, which may in any manner affect the work to be performed and the equipment, materials and labor required. They are also required to examine carefully the drawings, specifications and other bidding documents, to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work.

Bidders are responsible to determine if site conditions differ in any way from the drawings, specifications, and other bidding documents. The bidder has the responsibility to notify the Owner immediately of any errors in the drawings, specifications, and other bidding documents.

The Owner shall not be responsible for any item(s) overlooked by the bidder, including, but not limited to, underground or above ground utilities, soil conditions, or other obstacles. Submittal of a bid shall constitute acknowledgment of this requirement on the part of the bidder.

4.10. BASIS OF BIDDING - TRADE NAME

For clarity of description and as a standard of comparison, certain products have been specified by two or more trade names or manufacturers. Should any bidder desire to use products other than those specified, he shall request permission to do so via email to purchasing@stcloud.org at least five (5) days prior to bidding, providing all necessary data. The permission, if granted, will be communicated by

Addendum to all bidders. If a bidder is unable to procure written approval of a proposed substitution prior to the date, he shall base his bid on the Exact Items Specified.

Royalties. The Contractor shall pay all fees or royalties for any patented articles, operations or construction incorporated in or used in the execution of the work.

4.11. BID GUARANTY

Bids shall be accompanied by a bid guaranty of not less than five percent (5%) of the amount of the bid, which may be a cashier's check, or Bid Bond made payable to the Owner. Bidder shall provide a copy of the check or a copy of the executed Bid Bond form with the submitted bid documents. The original bid bond or check should be sent by express mail to City of St. Cloud, Procurement Services, 1300 9th

Street, Building A, 2nd Floor, St. Cloud, Florida 34769. Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw their bid for a period of at least ninety (90) days after the scheduled closing time for the receipt of bids; that if the bid is accepted, Bidder will enter into a written contract with the Owner in accordance with the form of agreement included as a part of the Contract Documents, and that the required Payment and

Performance Bonds will be given within the prescribed period of time as set forth in the specifications.

In the event of the withdrawal of said bid within said period of time, or failure to enter into said

Agreement and give said bond within ten (10) days after he has received notice of acceptance of bid, the Bidder shall be liable to the Owner for the full amount of the bid guaranty as representing the damage to the Owner because of default of the Bidder in any particular hereof. The forfeiture of the bid guaranty shall be considered not as a penalty but in liquidation of damages sustained.

The bid bonds or checks shall be returned to all except the three lowest bidders after the formal opening of bids. The remaining bid bonds or checks will be returned to the lowest bidders after the

Owner and the accepted bidder have executed the Agreement and Payment and Performance Bonds have been received and approved by the Owner. If the required Agreement and Bonds have been executed within at least ten (10) days after the date of the award of the bids, then the bid bond or check of any bidder will be returned upon request, provided notification of the acceptance of the bid was not received prior to the date of such request.

NOTICE: The bid bond must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond.

4.12. SURETY COMPANIES ACCEPTABLE TO OWNER

To be acceptable to the Owner as Surety for both Bid Bonds and Payment and Performance Bonds, a

Surety Company shall comply with the following provisions:

A. The Surety Company must be admitted to do business within the State of Florida.

B. The Surety Company must be admitted to do business within the State of Florida.

C. The Surety Company shall have at…