A_-_25-02-ITB_-_Earthwork_Services.pdf

INVITATION TO BID

25-02-ITB

EARTHWORK SERVICES (REBID)

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: Monday, October 14, 2024 -

PRE-BID MEETING N/A -

QUESTIONS DUE DEADLINE: Tuesday, October 22, 2024 2:00 PM Local Time

BID DUE DATE: Tuesday, October 29, 2024 2:00 PM Local Time

RECOMMENDATION OF AWARD –

CITY COUNCIL MEETING

Wednesday, 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/

25-02-2025

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 purpose of this bid is to select qualified contractors to provide all labor, materials, equipment, and supervision necessary to perform Excavation, Filling, & Grading Services, including but not limited to the following work at various facilities, citywide per specifications:

1. Clearing and grubbing of roots, stumps, and other materials.

2. Fill and grade for grassed areas.

3. Preparing sub-grades for slabs-on-grade, foundations, walks, and pavements.

4. Excavating, backfilling, and compaction for utility systems.

5. Excavating, backfilling, and compaction for buildings and structures.

6. Perform rough and finish grading utilizing laser-guided equipment to achieve required elevations.

The bidding entity shall do all the work. When the services of a sub-contractor(s) are required due to time constraints and/or workload generated by the City, prior approval of that subcontractor must be obtained from the Public Works Department. The successful bidder shall not subcontract to others for work or services performed during the term of this contract unless prior, written authorization from the Public

Works Department has been obtained. If the use of a subcontractor is approved, it shall be the sole responsibility of the Contractor to regulate and guarantee work. The contractor is also responsible for paying subcontractors’ expenses at no cost to the City.

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.

The Contractor is responsible for ensuring 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 pre-bid conference will not be held. It shall be the full responsibility of the BIDDER to visit and inspect the site before submission of a bid. No variation in price or condition shall be permitted based on a claim of ignorance. Submission of a bid is evidence that the BIDDER has familiarized himself with the nature and extent of the work and any conditions that may, in any manner, affect the work to be done and the labor, materials, and equipment required.

QUESTION DEADLINE

The deadline to submit questions concerning this ITB will be Tuesday, October 22, 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 mailto:kkillgore@cityofsebastian.org 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 Tuesday, October 29, 2024, at 2:00 pm local time.

The Bid Opening will be held virtually. Bids will be opened at 2:15P.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

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.

By: Jessica Graham, CPPB

Procurement/Contracts Manager https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df

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 18

SECTION 3 – FEDERAL AWARD PROVISIONS 32

SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 35

SECTION 5 – SPECIAL CONDITIONS 36

SECTION 6 – REQUIRED FORMS 44

• CONTACT INFORMATION SHEET 45

• CORPORATE RESOLUTION 46

• STATEMENT OF BIDDER’S QUALIFICATIONS 47

• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 48

• DRUG-FREE WORKPLACE PROGRAM 49

• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 50

• CERTIFICATION REGARDING LOBBYING 51

• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 52

• REFERENCE LIST 53

• SUBCONTRACTOR LIST 54

• ADDENDA ACKNOWLEDGEMENT 55

• LOCAL VENDOR PREFERENCE AFFIDAVIT (If applicable) 56

• TRENCH SAFETY ACT (IF APPLICABLE) 57

SECTION 7 – ELECTRONIC PRICE SHEET INSTRUCTION 58

ATTACHMENT A – ELECTRONIC PRICE SHEET

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

• Scrutinized Companies Certification

• Reference List

• Subcontractor List

• Addenda Acknowledgement

• Local Preference Affidavit (if applicable))

• Trench Safety Act (if applicable)

• Bid Price Form

• Business Tax Receipt (if applicable)

Authorized Signature Company

Printed Name & Title Date

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

SECTION 1 – SCOPE OF WORK

1.1 SCOPE OF WORK

1.1.1 The selected bidder (hereinafter referred to as the contractor) shall provide services as requested by the City. The contractor shall supply all labor, supervisors, equipment, machinery, tools, materials, transportation, and other facilities and services necessary to complete all work specified herein. The City will not pay for the rental or purchase of equipment needed by the contractor, nor will it pay for mobilization fees of any kind. If the

City supplies parts and materials for a specific project, the Contractor will be responsible for obtaining the parts or materials from the Public Works Compound (505 Airport Drive

W, Sebastian, FL 32958 or another designated place.

1.1.2 Material Disposal: The contractor is responsible for disposing of all excess material from earthwork services provided under this bid. Materials shall be disposed of off-site at the contractor's expense.

1.2 PREPARATION

1.2.1 Site Preparation:

1.2.1.1. Before commencement of work, the Contractor shall become thoroughly familiar with the site, the site conditions, and all portions of the work specified in this section.

1.2.1.2. The contractor shall locate existing underground utilities in the designated work area. If identified utilities are to remain in place during work, the

Contractor shall provide adequate means of protection for utilities that pass through the work area. Should piping be encountered during excavation, the

Contractor shall contact the Project Manager or designee for the procedure.

1.2.1.3. Contractor shall protect existing structures, utilities, sidewalks, pavements, and other facilities from damage caused by equipment movement, settlement, lateral movement, undermining washout, and other hazards created by earthwork activities.

1.2.1.4. Contractor shall provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust adjacent to properties and walkways.

1.2.2 Locations and Elevations:

1.2.2.1. Contractor shall be responsible for surveys, measurements, and layouts required for the proper execution of work to be performed.

1.2.2.2. The contractor shall lay out lines and grades from existing survey information or as shown on plans and drawings provided by the owner.

1.2.2.3. Contractor shall locate by stake and mark locations and elevations of the following:

a) Elevations of existing earth cut and fill.

b) Final grades for landscape contours.

c) Other items as required to execute work as specified.

1.3 EARTHWORK

1.3.1 Clearing and Grubbing:

1.3.1.1. Within designated areas that require clearing and grubbing activities before grading and site construction work, the contractor shall remove designated trees, brush, wood debris, and other materials not required to remain as part of the finished work. Trees that are to remain shall be protected during clearing operations and subsequent work.

1.3.1.2. Roots, stumps, and other materials shall be grubbed from the cleared area to a depth of at least 18 inches. Tree stumps shall be grubbed, including tap roots, where applicable.

1.3.1.3. Remove grass, plants, vegetation, and organic material from the same area.

1.3.1.4. Remove and dispose of (at contractor’s expense) accumulated material daily or as directed by the Project Manager or designee to prevent fire hazard conditions.

1.3.1.5. Burning of materials is not allowed.

1.3.2 Stripping:

1.3.2.1. Strip turfgrass, organic material, surface litter, rubble, and overburden for the entire depth of root system of grass or other vegetation within designed areas or as identified on site plans.

1.3.2.2. Remove and dispose of (at the contractor’s expense) accumulated material daily or as directed by the Project Manager or designee.

1.3.3 Topsoil Removal:

1.3.3.1. When required to attain specific grade requirements, strip existing topsoil to a depth as designated on plans and specifications or as directed by the Project

Manager or designee.

1.3.4 Topsoil Storage:

1.3.4.1. Topsoil shall be stored in stockpiles conveniently located in areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Project Manager or designee.

1.3.4.2. Stored topsoil shall be kept separate from other excavated materials and protected from contamination by objectionable materials that would render it unsuitable for reuse. Topsoil shall be protected from excessive erosion.

1.3.5 Topsoil Replacement:

1.3.5.1. Topsoil shall be deposited in a single layer or lift. It shall be placed, processed, compacted, and graded to leave a finished layer of topsoil at a depth as designated on plans and specifications or as directed by the project manager or designee. Unless otherwise indicated, topsoil shall be replaced over all areas of earthwork.

1.3.6 Grading:

1.3.6.1. Topsoil shall be final graded to the elevations shown on plans and drawings or as directed by the Project Manager or designee. Fine grading shall be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. Bulldozer blades and frontend loader buckets are not acceptable devices for topsoil grading operations.

1.3.6.2. All particles of the finish grade shall be reduced to less than one inch in diameter, or they shall be removed.

1.3.6.3. All rocks of one inch or greater shall be removed.

1.3.6.4. Grading operations and equipment will be such that topsoil does not become over-compacted.

1.3.6.5. Final grading within five feet of constructed or installed elements shall be hand-raked.

1.3.7 Acceptability:

1.3.7.1. Finished areas of topsoil are satisfactory if they are true to grade, true in the plane, even in gradient (sloped) contours, uniform in surface texture, and of normal compaction.

1.3.7.2. Areas of loose granular pockets or of over compacted soils shall not be acceptable and will be reworked.

1.3.7.3. Finished areas shall promote surface drainage and will be ready for turfgrass planting.

1.4 EXCAVATION

1.4.1 Excavation work consists of trenching, filling, and backfilling for underground utility lines and structures as specified and as shown on plans and specifications.

1.4.2 Existing Conditions:

1.4.2.1. The Contractor shall determine the location and nature of work, types of equipment, and facilities needed for the performance of work, general and local conditions prevalent at each job site, and other matters affecting work under this contract according to the special conditions and specification sections herein.

1.4.3 Safety:

1.4.3.1. All areas to be affected by excavation activities shall be designated as a construction site, be barricaded off, and clearly marked by the Contractor to protect staff, students, and the public from potential injury.

1.4.3.2. In no event shall the Contractor excavate to any depth unsafely. The Contractor shall comply with the requirements of “The Trench Safety Act” (Laws of

Florida), and such work shall be considered as included in the Base Bid. All excavations or trenches of 4 feet or deeper shall be appropriately benched, shored, or sloped according to the procedures and requirements set forth in

OSHA’s Excavating standard, 29 CFR 1926.620, .651, and .652.

1.4.4 Excavated Materials:

1.4.4.1. Stockpile excavated materials acceptable for backfill and fill soil materials away from the edge of excavations. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water and out of the drip line of trees.

1.4.4.2. Cover soil to prevent wind-blown dust if required by the City

1.4.4.3. Stripped turfgrass, organic material, roots, surface litter, rubble, other vegetation, and accumulated materials shall be removed daily or as directed by the project manager or designee.

1.4.5 Excavation for Walks, Footers & Foundations:

1.4.5.1. Excavation areas shall be scarified to a minimum of 4 inches in depth to ease removal of turfgrass and roots before digging. When excavating through tree roots, perform work by hand cutting or, as authorized, with a hand or power saw.

1.4.5.2. Excavate to required contours, elevations, and dimensions to within a tolerance of plus or minus 1”.

1.4.5.3. Extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services, other construction activities and for inspections or as indicated on plans and specifications.

1.4.5.4. Do not disturb the bottom of excavations for footers and foundations. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave a solid base to receive other work if required.

1.4.5.5. Excavations below indicated depths will not be permitted except to remove unsatisfactory material. Unsatisfactory material encountered below indicated graded shall be removed as directed.

1.4.6 Excavation for Underground Tanks, Utility, Mechanical or Electrical Structures:

1.4.6.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease removal of turfgrass and roots prior to digging. When excavating through tree roots, perform work by hand cutting or, as authorized, with a hand or power saw.

1.4.6.2. Excavate to elevations and dimensions as required within a tolerance of plus or minus 1”.

1.4.6.3. Do not disturb the bottom of excavations intended for bearing surfaces.

1.4.6.4. Excavations below indicated depths will not be permitted except to remove

1.4.6.5. Compact footing bottoms to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556), or equivalent method.

1.4.7 Excavation for Utility Trenches:

1.4.7.1. Excavation areas shall be scarified to a minimum of 12 inches in depth to ease the removal of turfgrass and roots before digging. When excavating through tree roots, perform work by hand cutting or, as authorized, with a hand or power saw.

1.4.7.2. Excavate trenches to indicated gradients, lines, depths, and elevations as required.

1.4.7.3. Excavate trenches to uniform widths to provide a working clearance on each side of the pipe or conduit.

1.4.7.4. Trench Walls: Excavate trench walls vertically from the trench bottom to 12 inches higher than the top of the pipe or conduit unless otherwise indicated on plans and specifications. Clearance: 12” on each side of the pipe or conduit.

1.4.7.5. Trench Bottoms: Excavate trenches 6” below the outside bottom of the pipe barrel to allow for a bedding course. The resulting excavation shall be backfilled with pipe bedding material up to the level of the lower one-third of the proposed pipe barrel. This backfill material shall be tamped and compacted to provide proper bedding for the pipe and shall then be shaped to receive the pipe.

1.4.7.6. Hand excavate for the bell of the pipe as required.

1.4.7.7. Excavations below indicated depths will not be permitted except to remove

1.4.7.8. Compact footing bottoms to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556) or equivalent method

1.4.8 Dewatering and Bedding:

1.4.8.1. It is the Contractor’s responsibility to determine the extent of dewatering as necessary per project and include the cost of such work in the base bid of the written proposal submitted to the project manager or designee per the terms and conditions of this bid.

1.4.8.2. Bedding materials shall be per plans and specifications specific to project requirements.

1.5 BACKFILL, FILL AND COMPACTION

1.5.1 General

1.5.1.1. Satisfactory soil materials obtained from on-site excavation activities shall be used for fill and backfills.

1.5.1.2. Fill Material imported from an off-site source shall be tested before construction use, at the contractor's expense, to determine its suitability and standard Proctor parameters. Test reports shall be submitted to the project manager or designee.

1.5.1.3. Five (5) pound samples of each imported material to be used as fill shall be submitted to the project manager or designee for approval before commencing fill operations.

1.5.1.4. Fill material shall not be used as compacted fill until approved by the project manager or designee.

1.5.1.5. Place approved fill materials in the areas designated on plans or as directed by the project manager or designee.

1.5.1.6. Keep excavations free of the ground and surface water until backfilling operation is complete.

1.5.2 Backfill, fill, and Compaction Walks, Footers & Foundations:

1.5.2.1. At structures, remove forms and debris before backfilling.

1.5.2.2. Place satisfactory backfill materials on-site or approved imported backfill materials symmetrically on all sides in 9-inch maximum loose depths.

1.5.2.3. Moisten each layer, if necessary, and compact with mechanical or hand tamper, each layer to not less than the percentage of maximum density as specified, taking care not to damage structures by excessive tamping.

1.5.2.4. Compact by mechanical means to compact to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM D 1557), (ASTM D 1556) or equivalent method or to percentages as specified.

1.5.2.5. Test at each sub-grade and at each compacted fill and backfill lift with at least one test for every 2500 SF per lift or less of slabs, but not fewer than two tests.

1.5.2.6. Test each compacted backfill lift with at least one test for each column footing, but not fewer than two tests.

1.5.2.7. Perform one compaction test per 50 linear feet of wall footing with a minimum of one density test per perimeter of the footing.

1.5.2.8. The contractor shall monitor nearby structures before and during compaction periods, taking care to ensure that vibrations induced by the compaction operations do not distress them.

1.5.3 Backfill, Fill and Compaction for Utilities:

1.5.3.1. Coordinate backfilling with testing of utilities. Leave shoring and bracing in a place where damage will likely result from withdrawal.

1.5.3.2. Carefully backfill trenches with satisfactory on-site or approved imported backfill materials.

1.5.3.3. Bring backfill up evenly in lifts of 9-inch maximum loose depth layers and thoroughly and carefully compact with a hand tamper, a powered hand tamper, a vibrating tamper, or a mechanized power tamper.

1.5.3.4. Moisten each layer, if necessary, and compact each layer with a mechanical or hand tamper to not less than the percentage of maximum density as specified, taking care not to damage the pipe or conduit by excessive tamping.

1.5.3.5. Deposit remainder of the backfill material in the trench and compact by mechanical means to compact to at least 98 percent of the maximum dry density as determined by the Modified Proctor laboratory procedure (ASTM

D 1557), (ASTM D 1556) or equivalent method or to percentages as specified.

1.5.3.6. Test at each compacted initial and final backfill layer and at least one test for every 100 foot or less of trench length, but not fewer than two tests.

1.5.3.7. The contractor shall monitor nearby structures before and during compaction operations, taking care to ensure that vibrations caused by the operations do not distress nearby structures.

1.6 FILL & GRADING

1.6.1 General

1.6.1.1. Fill and grading for grassed areas and swales.

1.6.1.2. Preparing sub-grades for slabs-on-grade, foundations, walks and pavements.

1.6.1.3. Turf cutting and removal, regrading, and prepping for new turfgrass.

1.6.2 Existing Conditions:

1.6.2.1. The Contractor shall determine the location and nature of work, types of, equipment, and facilities needed for the performance of work, general and local conditions prevalent at each job site, and other matters affecting work under this contract according to the special conditions and specification sections herein.

1.6.3 Safety:

1.6.3.1. All areas to be affected by excavation activities shall be designated as a construction site, be barricaded off and clearly marked by the Contractor to protect staff, students and the public from potential injury.

1.6.4 Fill and Grading of Grassed Areas:

1.6.4.1. Refer to Sections 1.35 and 1.36 for Topsoil Grading and Compaction

Requirements.

1.6.4.2. Uniformly grade areas to a smooth surface, free from irregular surface changes.

1.6.4.3. Comply with compaction requirements and grade to cross sections, lines and elevations as indicated on plans and specification or as directed by Project

Manager or designee.

1.6.4.4. Provide a smooth transition between adjacent existing grades and new grades.

1.6.4.5. Cut out soft spots, fill low spots and trim high spots to comply with required surface tolerances.

1.6.4.6. Site Grading: Slope grades to direct water away from buildings and to prevent ponding.

1.6.4.7. Topsoil: Compact topsoil materials to 85 percent ASTM D698 maximum density at optimum moisture content.

1.6.4.8. Finish sub-grades to required elevations within the following tolerances:

1.6.4.9. Playing fields and other grassed areas: Plus or minus 1”.

1.6.4.10. Grading inside of building lines:

a) Finish subgrades to a tolerance of ½” when tested with a 10 foot straightedge.

1.6.4.11. Laser Grading: Establish gradients and elevations as shown on plans and specifications with current industry standard laser grading procedures. Use laser automated graders and other acceptable machinery to ensure specified tolerances.

1.6.5 Fill and Grading of Swales:

1.6.5.1. City of Sebastian staff will determine the required elevations at the inlet of culvert pipes and mark them on the roadways for reference.

1.6.5.2. Coordinate with City staff regarding areas where the quarter round will remain after the project. No quarter round will be re-installed. It will only remain in places where it was intact, and grading can be completed without removal or disturbance.

1.6.5.3. All sod must be removed from the edge of the road to the property line.

1.6.5.4. Regrade from the edge of the road to the property line to accommodate stormwater runoff to move from the paved roadway to the center of the swale.

1.6.5.5. Grading should be completed to account for the height of sod that will be placed for the final condition to allow positive drainage of stormwater runoff still.

1.6.5.6. All sod and or fill that is removed during the process must be disposed of at a landfill.

1.6.5.7. After regrading is completed, all swales will need to be re-sodded with the same type of sod that was previously located in the swale (Bahia or Floratam).

1.6.5.8. If the contractor desires, the pre-existing sod may be saved and re-utilized. All sections of swale must be sodded to limit future erosion.

1.6.6 Preparing Sub-Grades for Slabs-on-Grade, Foundations, Walks and Pavements:

1.6.6.1. Base materials shall be satisfactory or approved imported fill materials.

1.6.6.2. Existing subgrade shall be scarified to a minimum depth of 3 inches in preparation for turfgrass removal.

1.6.6.3. Rough grade area to a minimum of 4 inches below finish topsoil grade in preparation for formwork or approved fill.

1.6.6.4. Compact the subgrade and fill materials to a minimum of 98 percent ASTM

D698 maximum density or at optimum moisture content.

1.6.6.5. Perform finish grading to the lines and grades shown on plans and specifications.

1.6.6.6. Finished grades shall be smooth and uniform and provide positive drainage.

1.7 DEMOLITION

1.7.1 Removal of Pavements and Incidentals:

1.7.1.1. Asphalt Pavements:

a) Asphalt pavement removal shall be accomplished by use of mechanical equipment.

b) Edges of existing asphalt pavement shall be saw cut in a clean straight line adjacent to pavement surfaces that will remain.

c) Care shall be used to avoid damage to asphalt pavements remaining in place.

d) The project manager must approve the stockpiling of removed asphalt pavement on the job site in advance.

e) An acceptable removal method is to saw cut and lift asphalt in larger areas.

1.7.1.2. Concrete Sidewalks, Slabs & Foundations:

a) Mechanical equipment shall be used to remove Concrete sidewalks, slabs, curbs, or foundations. Pavement breakers or hydraulic rams shall not be used unless the project manager or designee approves.

b) Jackhammers, 30 pounds or less or other approved similar equipment may be used is approved by the project manager or designee.

c) Concrete sidewalks, curbs and gutters and driveways shall be removed to the nearest contraction or expansion joint.

d) Care shall be taken to avoid damage to sidewalks, curbs, gutters, and driveways that remain in place.

e) Concrete stockpiling on the job site is not permitted unless approved in advance by the project manager or designee.

f) An acceptable removal method is to saw-cut and lift concrete in larger areas.

1.8 MINIMUM QUALIFICATIONS

1.8.1 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.

1.8.2 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/or equipment to perform the required services; and/or 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.

1.8.3 Contractor must have a minimum of three (3) years experience performing earthwork services for local and county government agencies, and Contractor must 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

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

1.9 QUOTING PROCESS

1.9.1 Upon notification from the Project Manager or designee that services are required, the following shall take place:

1.9.1.1. The contractor will be notified of the project and site location

1.9.1.2. The contractor and the City personnel responsible for overseeing the project shall arrange mutual dates and times.

1.9.2 After a general overview of the project is given to the Contractor on site, the Contractor prepares a written proposal to include the following:

1.9.2.1. The total lump sum “Not to Exceed” amount is based upon the unit pricing given.

1.9.2.2. Number of days required to complete the work after issuance of a purchase order and after authorization to proceed.

1.9.2.3. A brief description of the work to be completed.

1.9.2.4. Material cost estimate if applicable.

1.9.2.5. A proposal shall be emailed to the Project Manager or designee within three

(3) working days after the meeting.

NOTE: The contractor is responsible for measuring the area serviced on-site to determine exact requirements. The contractor shall be responsible for the accuracy of field measurements.

1.9.2.6. The contractor shall investigate the work's location and required installation conditions. Proposals shall be itemized per unit pricing given.

1.9.3 The Project Manager shall give all changes to the project. Any other work direction taken and performed by the Contractor shall be considered unauthorized and could result in nonpayment of funds for work performed. If changes in scope are required, the Contractor shall submit a revised written proposal outlining the costs associated with the change.

Under no circumstances shall work proceed unless authorized by the Project Manager and the Procurement Division has processed a change order to the original purchase order.

1.9.4 The City will not pay “fuel surcharges” if added to an invoice.

1.9.5 Contractor shall start all non-emergency-related work within five (5) working days after receipt of a purchase order. Work is to be completed on time. Repeated failure to complete projects within specified timeframes shall cause this contract to be terminated.

1.9.6 Contractor shall adhere to all noise abatement performance standards for all construction equipment as established by county or state ordinances for work sites during specified hours.

1.9.7 Contractor shall maintain an adequate supply of materials, supplies, personnel, etc., to perform services required to ensure work can be performed on time. Repeated and documented instances of using substandard materials, supplies, personnel, or failure to adequately clean up sites and remove debris when work is complete shall constitute grounds for termination of this contract.

1.9.8 Rework to correct identified deficiencies due to the Contractor’s negligence shall be done at the Contractor’s expense.

1.9.9 No charges shall be allowed for time lost due to equipment failure.

1.10 OTHER

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

Project Manager. It is the City’s belief 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 additional services performed or any reasons whatsoever except those directly attributable to the City’s errors or omissions.

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

WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-

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

SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.

mailto:support@evendorlink.com mailto:jwilliams@cityofsebastian.org

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 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…