A_-_25-01-ITB_-__Barber_Street_Sports_Complex_Backstop_Replacement.pdf

Rev 8/24

INVITATION TO BID

25-01-ITB

BARBER STREET SPORTS COMPLEX BACKSTOP REPLACEMENT

Contact Person

Jessica Graham, CPPB

Procurement/Contracts Manager

Phone: (772) 388 – 8231

Email: jessgraham@cityofsebastian.org

*Dates in this schedule occurring after the release date may be amended by the City.

The City reserves the right to delay or modify dates and will notify Proposers of all changes.

The Proposer is responsible for checking for addenda associated with this solicitation.

PROPOSED SCHEDULE

EVENT DATE TIME

RELEASE DATE: Friday, October 4, 2024 -

PRE-BID MEETING Tuesday, October 15, 2024 10:00 AM Local Time

QUESTIONS DUE DEADLINE: Friday, October 18, 2024 2:00 PM Local Time

BID DUE DATE: Thursday, October 31, 2024 2:00 PM Local Time

RECOMMENDATION OF AWARD –

CITY COUNCIL MEETING

November 20, 2024 6:00 PM Local Time

PROPOSAL SUBMITTAL

All bids must be electronically submitted via

VendorLink: https://www.myvendorlink.com/.

mailto:jessgraham@cityofsebastian.org https://www.myvendorlink.com/

Per the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the City of

Sebastian at 772-388-8231 at least five (5) days before the event to advise of his/her particular requirements.

INVITATION TO BID

The City of Sebastian requests bids from qualified and well-established contractors to replace four backstops at Barber Street Sports Complex per the attached plans. The contractor shall provide all necessary labor, materials, equipment, transportation, supervision, etc.

ELECTRONIC BID BOND

Electronic bid security shall be submitted by the bidder and made payable to the City of Sebastian in an amount of not less than five percent (5%) of the total bid price. A contractor may file an alternative form of security in cash, a money order, a certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as authorized in s. 625.317. The electronic bid Security shall be issued by a company with a registered agent in Florida. Personal or business checks are not acceptable.

BID SUBMITTAL

Bid submittals are due on the date and time indicated on the cover page or as amended by an addendum issued by procurement.

All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

It is the Contractor's sole responsibility to ensure that their response is submitted through VendorLink by the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or other means not specified herein will not be accepted.

PRE-BID MEETING

A MANDATORY Pre-Bid Meeting and Site Visit will be held on Tuesday, October 15, 2024, at 10:00 am local time at the City of Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958.

QUESTION DEADLINE

The deadline to submit questions concerning this ITB will be Friday, October 18, 2024, at 2:00 pm local time. Any questions or communication regarding this ITB should be emailed only to the City’s

Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone representing a bidder) regarding this ITB with the City Council or a City employee/representative other than this point of contact is grounds for disqualification.

BID OPENING

All sealed bids are due by Thursday, October 31, 2024, by 2:00 P.M. local time.

The Bid Opening will be held virtually. Bids will be opened at 2:10P.M local time. The submitters' company name and the lump sum bid amount will be read aloud.

Meeting Information:

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0625/Sections/0625.317.html https://www.myvendorlink.com/ mailto:kkillgore@cityofsebastian.org https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df

Meeting ID: 136259113

Password: JhzXZgfvah

Or dial:

+1 (650) 419-1505 United States (San Mateo, CA)

Access Code / Meeting ID: 136259113

Dial-in password: 5499943824

All bids submitted to the city become public records unless exempt under Florida or other law.

Late bids will not be opened or announced. Bidders can pick up or pay for the mailed return of their late, unopened bid. If this option is not exercised within five (5) days of the Bid Opening date, the late, unopened bids will be disposed of.

At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and waive any non-substantial irregularities.

Date Advertised: October 4, 2024

Publication: Indian River Press Journal/TCPalm

By: Jessica Graham, CPPB

Procurement/Contracts Manager

TABLE OF CONTENTS

INVITATION TO BID 2

TABLE OF CONTENTS 4

BID CHECKLIST 5

SECTION 1 – SCOPE OF WORK 6

SECTION 2 – GENERAL TERMS AND CONDITIONS 8

SECTION 3 – FEDERAL AWARD PROVISIONS 22

SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 25

SECTION 5 – SPECIAL CONDITIONS 26

SECTION 6 – REQUIRED FORMS 34

• CONTACT INFORMATION SHEET 35

• CORPORATE RESOLUTION 36

• STATEMENT OF BIDDER’S QUALIFICATIONS 37

• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 38

• DRUG-FREE WORKPLACE PROGRAM 39

• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 40

• CERTIFICATION REGARDING LOBBYING 41

• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 42

• REFERENCE LIST 43

• SUBCONTRACTOR LIST 44

• ADDENDA ACKNOWLEDGEMENT 45

• LOCAL VENDOR PREFERENCE AFFIDAVIT 46

• TRENCH SAFETY ACT (if applicable) 47

SECTION 7 – BID PRICE SHEET 49

BID BOND 50

ATTACHMENT A – CIVIL PLANS

BID CHECKLIST

This “Standardized Checklist” has been provided to assist the bidders with submitting their bid package. However, this checklist cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire bid document to ensure compliance.

At its sole discretion, the City reserves the right to reject all bids, waive all formalities, and disregard all nonconforming, non-responsive, or incomplete bids. The City expressly reserves the absolute right to determine the seriousness of any proposer’s failure to precisely conform to the requirements of the proposal document. Bidders cannot utilize the City’s determination of the severity of any specific non-conformance as a basis to protest the award of any proposal. 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 the bidder fails to acknowledge receipt of Addenda as prescribed.

BID CHECKLIST YES

Completed Checklist

Complete PDF Bid Submittal. The bid submittal should include the following documents:

• Contact Information Sheet

• Corporate Resolution

• Statement of Bidder’s Qualifications

• Non-Collusion Affidavit

• Drug-Free Workplace Program

• Debarment and Suspension Certification

• Lobbying Certification

• Reference List

• Scrutinized Companies Certification

• Addenda Acknowledgement

• Bid Price Form

• Business Tax Receipt (if applicable)

• Proof of Professional Certification

• Bid Bond

Failure to complete and submit the forms listed on the checklist may result in the rejection of your bid.

Authorized Signature Company

Printed Name & Title Date

SECTION 1 – SCOPE OF WORK

1.1 SCOPE OF WORK

The City of Sebastian requests bids from qualified and well-established contractors to demo and replace 4 backstops at Barber Street Sports Complex. Please refer to the plans in Attachment A for additional details on the scope of work to be performed.

1.2 BUDGETED AMOUNT

The maximum budget amount for this Project shall not exceed $70,000.00. This budget shall include all project costs and all other work necessary to fully and timely complete all portions of the project.

1.3 PERMITTING

1.3.1 The contractor shall be responsible for permit application and all associated fees for all required permits from the State of Florida, the City of Sebastian, and Indian River County.

1.3.2 All work covered by the technical codes will require a permit from the City of Sebastian

Building Department. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing occupancy or use, erecting, installing, converting, or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm, or fire sprinkler system. The contractor shall procure and pay for all licenses and bonds necessary for the prosecution of the work and/or required by municipal, state, and federal regulations, laws, and procedures unless specifically provided otherwise in the bid documents. For more information on the City of Sebastian Building Department, please visit https://www.cityofsebastian.org/171/Building-Business-Tax.

1.4 CONTRACTOR MINIMUM QUALIFICATIONS

1.4.1 Bidders that do not meet the minimum requirements listed herein as determined by the

City, at its sole discretion, will be deemed non-responsive and not considered for award.

All decisions made by the City are final.

1.4.2 No contract will be awarded to any BIDDER who, as determined by the CITY, has an unsatisfactory performance record, inadequate experience, lack of organization, labor, and equipment to perform the required services, and is in arrears to the CITY on a debt or contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or assessments are delinquent. The City has the right to disqualify any BIDDER that does not meet any or all qualifications necessary as determined by the City.

1.4.3 Contractor shall be licensed by the state of Florida as a general contractor, registered building contractor, or licensed fencing contractor. The contractor must provide a copy of their license with their bid submittal.

1.4.4 Contractor and sub-contractors (if applicable) shall be registered with the City of Sebastian

Building Department before a permit will be issued.

1.4.5 Contractor must have a minimum of three (3) performing fencing services of a similar size, scope, and complexity for local and county government agencies, and Contractor must https://www.cityofsebastian.org/171/Building-Business-Tax have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year; and

1.4.6 If the bidder's business is located in Sebastian, FL, or Indian River County, they must provide a copy of their business tax receipt.

1.5 ELECTRONIC SECURITY

1.5.1 Electronic bid security shall be submitted by the bidder and made payable to the City of

Sebastian in an amount of not less than five percent (5%) of the total bid price. A contractor may file an alternative form of security in cash, a money order, a certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as authorized in

s. 625.317. The electronic bid Security shall be issued by a company with a registered agent in Florida. Personal or business checks are not acceptable.

1.6 OTHER

The contractor will appoint one of their employees as the key contact for approval by the City’s

Project Manager. The city believes that the service required is adequately described herein.

Therefore, any negotiated contract may include the entire effort required of the bidder to provide the service described. Specifically, no additional fees will be allowed for any further services performed or for any reason whatsoever except those directly attributable to the City’s errors or omissions.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0625/Sections/0625.317.html

SECTION 2 – GENERAL TERMS AND CONDITION

2.1 DEFINITIONS

2.1.1. Invitation to Bid (”ITB”): This solicitation document, including any addenda.

2.1.2. Bid: Submission in response to this ITB.

2.1.3. Bidder: Contractor submitting a response to this ITB, “pre-award.”

2.1.4. City: Refers to the City of Sebastian.

2.1.5. Contract or Agreement: Invitation to Bid, all addenda issued to it, all affidavits, the signed agreement, and all related documents comprising the totality of the agreement between the

City and the Contractor.

2.1.6. Contractor: The selected bidder is awarded a contract to provide the goods or services to the City.

2.1.7. Days: Refers to calendar days unless otherwise stated.

2.1.8. Responsible Bidder: Bidder that has the integrity, reliability, and capability in all respects to fulfill the contract requirement as stated in the RFP.

2.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material respects to the

RFP and its entire requirement, including form and substance.

2.1.10. Shall, Must, and Will: Interpreted as mandatory language.

2.2 EXTENSION

In addition to any renewal options contained herein, the City has the right to extend any award resulting from this bid for the period necessary to release, award, and implement a replacement agreement for the commodities or contractual services provided in this bid. Such extension shall be based on the same prices, terms, and conditions this bid outlines.

2.3 CANCELLATION

The City reserves the right to cancel this Invitation to bid, in whole or part, when it is in the City’s best interest. Notice of Cancellation will be posted on VendorLink.

2.4 BID GUARANTEE

The bidder shall warrant that the unit prices, terms, and conditions quoted in the bid shall be for not less than ninety (90) days from the solicitation opening date. Such unit prices, terms, and conditions shall remain in effect for the contract period.

2.5 BID SUBMISSION

2.5.1. Bid submittals are due at the date and time indicated on the cover page or as amended as an addendum issued by procurement.

2.5.2. All solicitations and supporting documents will be posted on VendorLink at https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

2.5.3. It is the Contractor's sole responsibility to ensure that their response is submitted through

VendorLink by the time and date specified in the solicitation or subsequent addenda. The

Contractor is responsible for allowing adequate time to upload their submittal on

VendorLink. If technical difficulties arise during the submission of the solicitation response, it is the Contractor’s responsibility to contact VendorLink technical support at support@evendorlink.com. The City shall not be responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or other means not specified herein will not be accepted. Acceptable file formats for upload are

Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), and ZIP file formats, and printing must be enabled on all files submitted.

2.6 EXECUTION OF BID SUBMITTAL

Each bid submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. Only the terms and conditions of this bid, as released by the

City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance.

2.7 INTERPRETATION OF BID DOCUMENTS

No interpretation of the meaning of this bid document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this bid and any subsequent addenda or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City’s procurement manager. Inquiries must reference the bid opening date, title, and number. Interpretation of the bid, clarification of bid specifications, and changes to the bid shall be communicated by written addenda only. Only the written interpretation or correction given by the procurement manager shall be binding. Verbal responses shall be considered inadmissible in bid protest proceedings. Bidders are advised that no other source is authorized to interpret, explain, clarify, or give information regarding the bid documents. Written addenda shall be signed by the bidder and returned with the bid submission. Failure to return such addenda may cause rejection of a bid submittal.

2.8 PUBLIC RECORDS

Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal records shall always be open for personal inspection by any person. Information and materials received by the City in connection with all bidders’ responses shall be deemed public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the bidder must, in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT JEANETTE

https://www.myvendorlink.com/ mailto:support@evendorlink.com

WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-

388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF

SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.

2.9 NON-COLLUSION

By submitting a bid, the bidder certifies that all information is truthful to the best of their knowledge and belief. Bidder further certifies, under oath, that this bid is made without colluded, conspired, contrived, or agreed, directly or indirectly, with any other firm, person, or corporation responding to this solicitation for the same product or service. The bidder further certifies that the bidder has not divulged, discussed, or compared this bid with other bids and has not colluded with any other bidder or parties to the bid. Any violation of this provision will result in the cancellation and return of the bidder’s materials (as applicable) and the removal of the bid from the list(s).

2.10 CONFLICT OF INTEREST

The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All bidders shall disclose within their bid to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its branches. Please submit to the City all information on any potential conflict of interest related to the provision of the goods or services requested in this Solicitation.

The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or adversely affect, an employee’s professional judgment in exercising any

City duty or responsibility in administration, management, instruction, research, or other professional activities.

Should the successful bidder permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City.

2.11 PROTEST PROCEDURE

Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this bid or who is adversely affected by a decision of the

City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value. The Notice of

Intent to Protest and formal written protest shall be filed at the following address:

Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a

Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

2.11.1. Decision – If the protest is not resolved by mutual agreement, the Procurement/Contracts

Manager shall promptly investigate the basis of the protest and, after consultation with the originating department, the City Attorney, or any other person or entity deemed necessary, the

Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be mailto:jwilliams@cityofsebastian.org furnished immediately to the protestor and any other party determined by the Procurement/Contracts

Manager to be directly affected by the decision. The decision shall: a) State the decision and the basis for the decision, and b) Set forth the protestor’s right to administrative review.

2.11.2. Administrative Review – If the protestor disagrees with the decision of the

Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided the protestor shall submit written notice of such appeal to the Procurement/Contracts

Manager within seven (7) calendar days of receipt of the decision to award Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body.

2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the

Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City.

2.12 NO-CONTACT PERIOD / LOBBYING

During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or any City employees except any designated Procurement Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests. The No-Contact Period shall commence on the initial date of the advertisement for this bid and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the bidder from consideration.

2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES

Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the

Contractor.

2.14 INDEPENDENT CONTRACTOR RELATIONSHIP

The contractor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall, at all times and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agreement, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the contractor.

Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the bid.

2.15 CONTRACTOR’S REPRESENTATIVE

The contractor must provide a point of contact for the term of this RFP to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs between regular work hours, after-hours, weekends, and holidays, this must be provided. The contractor shall ensure that all personnel assigned to work on this project on their behalf must be dressed appropriately and clean at all times. Any person who is present on the job site on behalf of the contractor must provide and display proper identification on their clothing at all times. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the

City’s sole discretion.

2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK

With the contractor's consent and agreement, other governmental agencies, political subdivisions within the state of Florida, or any other public entity may make purchases under this bid. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items.

2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY

The City reserves the right to utilize any other contract, including, but not limited to, the following:

any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university system, cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City, at any time during this agreement term.

2.18 PUBLIC ENTITY CRIMES

A "public entity crime," as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

"Convicted" or "conviction," as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:

2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime or

2.18.2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime or

2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate or

2.18.4. A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

Bidder certifies that neither the entity proposing nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the bidder is unable to certify all of the statements above, the bidder shall attach an explanation to this bid.

2.19 BANKRUPTCY / INSOLVENCY

At the time of bid submission, the contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the contractor is awarded a contract for six (6) months or longer and files for bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel the agreement, in which event all rights hereunder shall immediately cease and terminate.

2.20 TERMINATION FOR CAUSE OR CONVENIENCE

The agreement resulting from this ITB can be terminated immediately for cause if a contractor is found to have failed to perform services in a manner satisfactory to the City, or the City may terminate without cause upon thirty (30) days’ written notice to the bidder. In the event of either termination, the contractor shall be compensated for all services performed to the City’s satisfaction.

The City shall be the sole judge of non-performance.

2.21 RIGHT TO REJECT

The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept the bid(s), which in its sole judgment best serves the interest of the City.

More than one bid from an individual, bidder, or association under the same or different names will not be considered.

2.22 INVOICING

Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225

Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below.

a) Name of the business organization as specified on the Contract between City and Contractor

b) Date of invoice

c) Contractor’s invoice number

d) Contractor’s federal identification number on file with the state

e) City purchase order number and bid number

f) Unit price of the goods, services, or property provided

g) Extended total price of the goods, services, or property

h) Applicable discounts

i) Description of provided goods or services

j) Quantity of provided goods or services

k) Date(s) of delivery of provided goods or services

l) Location goods or services were delivered

Any invoice submitted as a result of the award of this bid shall be itemized and match the items on the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple-line purchase orders. An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order numbers will be returned to the contractor for resolution of the discrepancies and resubmitted.

It shall be understood that invoices shall not be authorized for payment until the work is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges, and/or other damages to the contractor upon final completion and acceptance. The City shall provide partial payments for work completed by the contractor during various phases of the work assignment in accordance with the unit pricing provided in their bid submittal, subject to an agreement on whether or not to exceed the amount. Failure to submit invoices in the prescribed manner will delay payment.

2.23 AVAILABILITY OF FUNDS

The City's obligations under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council.

2.24 DIRECT PURCHASES

As a holder of a current Consumer’s Certificate of Exemption, the City reserves the right to make direct purchases of any materials and/or equipment included in the project to achieve sales tax savings. The City shall coordinate such purchases with the Contractor. To the extent requested by the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that the Contractor will install), inspection, installation, and testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, furnished and installed materials directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price (GMP).

The contractor shall provide a bid that includes all costs to complete the project.

2.25 PAYMENT

The City will only pay the dollar amounts authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and correctly invoiced. Payment for partial shipments shall only be made if specified in the purchase order. Follow these instructions to ensure timely processing of invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence.

2.26 PRICE ADJUSTMENTS

2.26.1. In the event of unforeseen circumstances that directly impact the goods/services provided under this bid, the City of Sebastian will consider a price adjustment request. Upon receipt of the Contractor’s written request for a price adjustment, the City may allow an escalation equal to the Southeaster Consumer Price Index as of May 1st of that current year, not to exceed 3% of that current year’s annual contract price.

2.26.2. The Contractor shall submit the price request to the Procurement Division thirty (30) calendar days before the requested effective increase date. The City may approve a price increase at its sole discretion.

2.26.3. Any purchase order issued before the approval of the price increase will not be modified.

2.26.4. The contractor shall only be entitled to an automatic increase in labor rates due to minimum wage increases if providing a request for adjustment at least 30 days before the effective change.

2.27 CHANGE ORDERS

2.27.1. Without invalidating the contract documents, and without notice to the surety, the City of

Sebastian reserves the right to make increases, decreases or other changes in the character or quantity of the work under the bid and contract documents as may be considered necessary or desirable to complete the work in a manner satisfactory to the City of

Sebastian. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents.

2.27.2. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in advance of the change by the designated project manager of the City.

The contractor is required to provide the project manager with a detailed cost breakdown of material costs, labor costs, labor rates by trade, and work classification and overhead rates supporting the amount of the change, as well as an explanation of the cost and any revision to the Project completion time. If the contractor fails to notify the project manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgement by contractor that the proposed work will not have any scheduling consequences. Any net increase to the pricing must also be approved and documented with a revised purchase order by City.

2.28 SUBCONTRACTORS AND SUPPLIERS

The bidder is required to identify any subcontractors or suppliers that will be used in the performance of the proposed contract and to clearly identify in their submission the names, portions, and percentages of work to be performed by their subcontractors or suppliers. The contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the bid and contract documents creates any contractual relationship between subcontractors or suppliers and the City of Sebastian. The contractor shall be responsible for the timely payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the contractor in default of the contract.

2.29 ASSIGNMENT

The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City.

2.30 SILENCE OF SPECIFICATIONS

Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the contractor from responsibility.

2.31 DISCRIMINATION

The bidder shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, bidders, or contractors who discriminate against those protected by state and federal law. Through the course of providing services to the

City, contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil

Rights Act of 1964, the Civil Rights Restoration Act of 1987, and the Florida Civil Rights Act of

1992, as well as all other applicable regulations, guidelines, and standards. Any person who believes their rights have been violated should report such discrimination to the City.

2.32 AUDIT AND INSPECTION

The City or its representative reserves the right to inspect or audit the contractor's documents and records about the products and services delivered under this bid. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations this bid establishes. Documents or records in any form shall be open to the city’s representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts, or sub-contracts that directly or indirectly pertain to the transactions between the City and the contractor.

2.33 INDEMNIFICATION

The contractor and its Subcontractor(s) shall indemnify, defend, and hold harmless the City and its officers and employees from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement;

regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.

However, such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the indemnitee or its officers, directors, agents, or employees. Upon request of the City, the contractor or its subcontractor(s) shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage, or liability specified above and the contractor or its subcontractor(s) shall pay any cost and reasonable attorneys’ fees that the City may incur in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity according to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this bid.

2.34 CONTRACTS AND AMENDMENTS

The contents of this bid and all provisions of the contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter awarded must be in writing and signed by both Parties.

2.35 SCRUTINIZED VENDOR CERTIFICATION

Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it:

2.35.1. Does not participate in a boycott of Israel; and

2.35.2. Is not on the Scrutinized Companies that Boycott Israel List; and

2.35.3. Is not on the Scrutinized Companies with Activities in Sudan List; and

2.35.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List; and

2.35.5. Has not engaged in business operations in Cuba or Syria.

Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the bidder of the City’s determination concerning the false certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the bidder determines, using credible information available to the public, that a false certification has been submitted by bidder, this contract may be terminated and a civil penalty equal to the greater of

$2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification must also be submitted at the time of Contract renewal.

Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government entities from: 1) contracting with companies for goods or services in any amount if at the time of proposing on, proposing a bid for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the

Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in business operations in Cuba or Syria.

As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List;

engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized

Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran

Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria.

2.36 LICENSING, CERTIFICATION, AND REGISTRATION

Contractors must show their current Business Tax Receipt, as well as any licenses required by

Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ

Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal.

All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to starting work. If the bidder is a State Certified General Contractor, or a State Registered General

Contractor the bidder must be registered with the City of Sebastian.

2.37 TAXES

Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

2.38 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

If the Contractor considers any portion of the documents, data, or records submitted in response to this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119

Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously provide the City with a separate redacted copy of its response. The redacted copy shall contain the

City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis for the exemption. The contractor shall be responsible for defending its determination that the redacted portions of its response are a confidential, trade secret, or otherwise not subject to disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from or relating to the contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails to submit a Redacted Copy with its response, the City is authorized to produce the entire documents, data, or records submitted by the contractor in response to a public records request for these records.

2.39 FAVORED NATION CLAUSE

Based on similar size and quantity, it is understood that the contractor is providing the City the same or better pricing than other governmental agencies. If during the term of this agreement, the City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price.

2.40 LIQUIDATED DAMAGES

The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the

Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract

On the occasion where the contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages.

2.41 FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing any duty, requirement, or obligation under this agreement that is due to any of the following causes, to the extent beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of

God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities, changes in laws or regulations strikes, or other labor disputes, or because of any other matter or condition beyond the control of either party and which cannot be overcome by reasonable diligence and without unusual expense.

2.42 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES

A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this bid. The report may become an important part of the contractor’s history.