A_-_25-11-ITB_Sod_And_Live_Turf_Purchase_Delivery_And_Installation.pdf

INVITATION TO BID

25-11-ITB

SOD AND LIVE TURF PURCHASE, DELIVERY, AND INSTALLATION

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.

PROPOSED SCHEDULE

EVENT DATE TIME

RELEASE DATE: Thursday, February 27, 2025 -

PRE-BID MEETING N/A -

QUESTION DEADLINE Thursday, March 6, 2025 2:00 PM Local Time

BID DUE DATE Thursday, March 13, 2025 2:00 PM Local Time

RECOMMENDATION OF

AWARD

Wednesday, April 9, 2025 6:00 PM Local Time mailto:jessgraham@cityofsebastian.org

SECTION 1 – INSTRUCTIONS TO BIDDERS

1.1 PURPOSE

1.1.1 The Contractor will supply all materials, labor, and equipment to accomplish the sale of sod or live turf for pick up and/or delivery and installation of sod to locations throughout Sebastian, Florida.

1.1.2 All solicitations are posted on VendorLink (https://www.myvendorlink.com/). It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates.

1.2 PRE-BID MEETING

A pre-bid meeting will not be held. The bidder shall be responsible for visiting and inspecting the site before submitting 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.

1.3 QUESTION DEADLINE

1.3.1 The deadline to submit questions will be Thursday, March 6, 2025, at 2:00 PM local time. Any questions or communication regarding this solicitation must be emailed to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org.

1.3.2 The Bidder is responsible for checking for addenda associated with this solicitation.

1.4 ELECTRONIC BID SUBMITTAL

1.4.1 All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/.

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

1.4.3 The Contractor is responsible for ensuring 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.

1.5 BID OPENING

1.5.1 All sealed bids are due by Thursday, March 13, 2025, by 2:00 P.M. local time.

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

1.5.2 The bid opening will be held virtually. Bids will be opened at 2:10 p.m. local time.

Only the NAME of the company that submitted a response to this Invitation to Bid will be read aloud.

1.5.3 Meeting Information:

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea

4df

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

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

1.5.5 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 bid will be disposed

1.5.6 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 to waive any non-substantial irregularities.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df%20%20%20 https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df%20%20%20

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS TO BIDDERS 2

TABLE OF CONTENTS 4

SECTION 2 – SCOPE OF WORK 5

SECTION 3 – SPECIAL CONDITIONS 11

SECTION 4 – GENERAL TERMS AND CONDITIONS 15

SECTION 5 – REQUIRED FORMS 33

• CONTACT INFORMATION SHEET 34

• CORPORATE RESOLUTION 35

• STATEMENT OF BIDDER’S QUALIFICATIONS 36

• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 37

• DRUG-FREE WORKPLACE PROGRAM 38

• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 39

• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 40

• CERTIFICATION REGARDING LOBBYING 41

• CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES AFFIDAVIT 42

• REFERENCE LIST 43

• SUBCONTRACTOR LIST 44

• ADDENDA ACKNOWLEDGEMENT 45

• LOCAL VENDOR PREFERENCE AFFIDAVIT 46

SECTION 6 – BID PRICE FORM 47

SECTION 2 – SCOPE OF WORK

2.1 SCOPE OF WORK

2.1.1 The City of Sebastian is requesting bids from qualified contractors for the purchase of sod and live turf. The City requires both a delivered and a picked-up price, as well as pricing for installation if needed. Orders will be placed as needed.

2.1.2 Pallets of sod shall be received by the City in the exact quantities listed on the

Contractor’s Bid Form. Example: 400 square feet/pallet, 500 square feet/pallet, and so on. The City may allow a +/- 5% variance. The City will deduct the price per square foot on pallets found in dispute. All Discrepancies Shall be found in the favor of the City.

2.1.3 Sod materials and installation shall conform to the Florida Department of

Transportation (FDOT) Standard Specifications for Road and Bridge Construction, latest edition, Sections 570, 981, 982, and 983.

2.1.4 The City shall not allow any pallet charges from the contractor(s).

2.1.5 There shall be no minimum order restrictions placed on the City by the contractor for any items awarded for City staff pick up.

2.1.6 Additions and Deletions of Materials:

A. Addition: Although this solicitation identifies specific materials to be purchased, it is hereby agreed and understood the City may, at its sole option, add new materials to the contract. Should the City determine that additional materials need to be added to the contract; the City shall obtain price quotes from all successful Contractor(s) or obtain the additional materials through a separate solicitation.

B. Deletion: Materials may be deleted when such items are no longer required during the contract period; upon written notice to the Contractor(s)

2.2 SOD DELIVERED AND INSTALLED

2.2.1 The Contractor must include within the bid prices the cost of the sod, the cost of labor, equipment, material, transportation, delivery, loading and unloading, profit, and overhead for all sod installed at the locations designated by the City. The City will excavate and remove to bare ground all existing vegetation from the area that will have the sod installed.

2.2.2 The Contractor must provide Maintenance of Traffic (MOT) when work occurs in the Right of Way. All MOT activities shall conform to the latest edition of the

Florida Department of Transportation (FDOT) Design Standard 600. Signs and barricades must be posted according to FDOT Manual of Safe Practices; reference

FDOT Indexes 600 through 650 when installing sod along roadways and medians.

2.2.3 The Contractor must confirm receipt of work order within twenty-four (24) hours.

Requesting department will specify job location, estimated quantity and estimated start date.

2.2.4 The Contractor must notify the requesting department twenty-four (24) hours prior to commencing work.

2.2.5 The Contractor must not commence any installation work until receipt of an email or Notice to Proceed issued by the requesting department. Delivery of sod and commencement of installation must begin within three (3) business days of the email or Notice to Proceed unless otherwise agreed upon by the City.

2.2.6 The Contractor must notify the requesting department within twenty-four (24) hours if they are unable to fill the work order in its entirety (within the timeframe required by the contract documents). Failure of the Contractor to notify the requesting department may result in Termination for Default as stated in Paragraph

4.20.

2.2.7 All NETTING shall be removed before installation.

2.2.8 Watering:

A. When watering is needed after the sod has been delivered and installed, it shall be performed every other day for a fourteen (14) day period.

2.3 PALLETIZED SOD AND PIECES PICKED UP

2.3.1 Bid prices shall be F.O.B. Contractor`s stated location.

2.3.2 The Contractor shall confirm receipt of the work order within twenty-four (24) hours and provide a date and time for pickup.

2.3.3 Sod must be available to the City for pickup within forty-eight (48) hours after the confirmation of the work order unless otherwise requested by the department.

2.3.4 The Contractor must notify the requesting department within twenty-four (24) hours if they are unable to complete the work order in its entirety (within the timeframe required by the contract documents). Failure to notify the requesting department may result in Termination for Default, as stated in Paragraph 4.20.

2.3.5 The contractor must supply a copy of the delivery ticket to receiving personnel at the time of pickup. The delivery ticket must include the date of pickup, type of sod and quantity of sod received. The delivery ticket must signed by the receiver (City employee) and a copy of the ticket must be given to the City’s employee.

2.3.6 The City requests pick-up availability, at minimum, Monday through Friday from

7:30 a.m. to 11:30 a.m.

2.3.7 The Contractor is responsible for loading sod at the Contractor`s location.

2.3.8 The Contractor`s site must be within a thirty (30) mile radius of 1225 Main Street, Sebastian, FL 32958

2.3.9 The City will return pallets to the Contractor, and they should be provided at no cost to the City.

2.4 SOD PLACEMENT REQUIREMENTS

2.4.1 Sod must be placed on the prepared surface, with edges in close contact, and shall be firmly and smoothly embedded by tamping or rolling with the appropriate tools.

2.4.2 Any pieces of sod which, after placing, show an appearance of extreme duress shall be removed and replaced with fresh sod meeting the specifications of this contract.

2.4.3 When sod is placed in drainage ditches, the setting of the pieces of sod shall be staggered such as to avoid a continuous seam along the direction of water flow.

Along the edges of such staggered areas, the offsets of individual strips shall not exceed six inches (6"). The outer edges of the sod shall be tamped so as to produce a feathered effect to reduce erosion.

2.4.4 Sod will be laid and measured in place by the square footage of sod placed as a basis of payment.

2.4.5 The Contractor must maintain ownership of all pallets used and remove them from the site the same day they are emptied. The site will be clean and free of any trash or debris upon completion of the project.

2.4.6 The Contractor must be responsible for any and all damages to properties adjacent to or surrounding the jobsite, which are caused by the Contractor and will repair any damaged areas at the Vendor/Contractor`s expense.

2.4.7 Any damage done to the Right-of-Way is the sole responsibility of the

Vendor/Contractor to repair at no extra cost to the department.

2.5 LIVE TURF

Separate Quotes will be requested from the awarded contractor(s) on an as-needed basis for

Certified Bermuda 419 Sports Turf and Celebration Bermuda to be picked up or delivered.

2.6 INSPECTION

2.6.1 The Contractor must notify the requesting department upon completion of the work to allow for timely inspections for compliance with the requirements of this specification and as a condition of payment.

2.6.2 The Contractor must submit completion photos to the requesting department.

2.7 DEFICIENCIES

2.7.1 Sod installed that is dead, uneven, gapped, or poorly installed by City’s standards shall be reinstalled at no extra cost to the City.

2.7.2 Failure to perform the installation within seventy-two (72) hours of receipt of the work order will result in a reduction of ten percent (10%) per day from the total invoice amount.

2.8 CONTRACTOR MINIMUM QUALIFICATIONS

2.8.1 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.

2.8.2 No contract will be awarded to any proposer 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 proposer’s taxes or assessments are delinquent. The City has the right to disqualify any proposer who does not meet any or all qualifications necessary as determined by the City.

2.8.3 Contractor must have at least 3 years of verifiable experience performing similar projects of similar size, scope, and complexity for government (local or federal) agencies, and the Contractor must have an office within the state of Florida.

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

2.9 INSURANCE

2.9.1 The City of Sebastian is to be specifically included as an additional insured on all insurance certificates (except Worker's Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days before said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy.

2.9.2 Before starting and until acceptance of the work by the City, Awarded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract.

2.9.3 The certificate holder shall read:

City Of Sebastian

1225 Main Street

Sebastian, FL 32958

2.9.4 Minimum coverage with limits and provisions are as follows:

A. Commercial General Liability: The contractor shall provide Commercial

General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, and contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This insurance policy shall be considered primary to and not contributing to any insurance the City maintains. It shall name the City as an additional insured with a waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form.

The contractor shall obtain insurance which shall at least meet the following minimum limits:

a) Per Occurrence: $1,000,000

• General Aggregate: $2,000,000

B. Business Automobile: The contractor shall provide Business Coverage

Automobile Insurance, which shall protect the contractor from claims for damage for personal injury, bodily injury including accidental death, as well as claims for property damages which may arise from operations under this contract whether such operations are by himself or by anyone directly or indirectly employed by him. Coverage shall include owned, non-owned, hired and rented vehicles.

The contractor shall obtain insurance which shall at least meet the following minimum limits:

a) Bodily Injury and Property Damage:

• Combined Single Limit (each Accident): $1,000,000.00

C. Workers' Compensation: The contractor shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida (Florida Statutes Chapter 440). Exemption certificates to this requirement are not acceptable.

The Contractor shall obtain insurance which shall at least meet the following minimum limits:

a) State Worker’s Compensation: Statutory

b) Employer’s Liability: $1,000,000.00 Each Accident

$1,000,000.00 Disease, Policy Limit

$1,000,000.00 Disease, Each Employee

D. Umbrella/ Excess Liability: The contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial

General Liability, Automobile Liability, and Employers Liability. *This coverage is optional if the contractor has $2,000,000 General Aggregate under the Commercial General Liability Policy. **

2.9.5 An endorsement to the Commercial General Liability or Automobile Liability policy, covering the Contractor’s or subcontractor’s liability for bodily injury, property damage, and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by

Contractor under this Contract is also acceptable.

2.9.6 The Contractor shall declare any self-insured retention or deductible amount over

$5,000 for any policy. The City reserves the right to reject any self-insured retention or deductible over $5,000.

2.9.7 All insurance carriers shall be rated (A) or better by the most recently published

A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to ensure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier.

SECTION 3 - SPECIAL CONDITIONS

3.1 AWARD

3.1.1. Award shall be made to the lowest, responsive, responsible contractor(s). The City reserves the right to make multiple awards in its best interest. The City reserves the right to reject any and/or all bids and to waive any minor irregularity or technicality.

Payment discounts will not be considered for bid evaluation purposes.

3.1.2. 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 bid 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 bid. Bids may be considered subject to rejection if, in the sole opinion of the City, there is a serious omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all bids where the bidder fails to acknowledge receipt of

Addenda as prescribed.

3.2 LENGTH OF CONTRACT AND RENEWAL

3.2.1. This ITB will result in an agreement with a two (2) year initial term. The contract may be renewed for two additional one-year renewal terms. The City seeks a

Contractor that will provide timely completion and adhere to the agreed-upon schedule.

3.3 CITY OF SEBASTIAN LOCAL PREFERENCE

3.3.1. Effective October 14, 2009, the City of Sebastian adopted a local vendor preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for more information.

3.4 PROJECT COORDINATION

3.4.1. A City project manager will oversee all assigned work to ensure adherence to schedules and service quality throughout the project’s progress and submittal of final payment. The project manager will periodically inspect the work performed to ensure compliance with the agreement's requirements. If the requirements are not satisfactorily met, the City shall require the contractor to immediately correct any discrepancies, inconsistencies, or faults at no additional cost. The contractor shall understand and agree to the following:

A. Contractor shall be solely responsible and assume all liability for the supervision direction of all work and for all means, methods, techniques, sequences, procedures, and coordination for all services under the agreement; the contractor shall ensure enough personnel, materials, supplies, means of transportation, tools, and equipment are made available to perform the services; and

B. Contractor shall at all times provide a responsible, knowledgeable, English-speaking worksite supervisor or representative who has decision-making authority and

C. Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this agreement; and

D. The practices, methods, and materials utilized in the work within or adjacent to any structure must conform to any applicable local, state, and federal regulations and codes.

3.5 SITE INSPECTION AND DUE DILIGENCE

Bidders are obligated to carefully examine the project specification and exercise due diligence regarding any current and pre-existing conditions at the project site. Before submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions that may affect the work. Before the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any such pre-existing damage to the roadways, driveways, approaches, tree trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the contractor.

Any damage to public and/or private property resulting either directly or indirectly from the execution of the project by the contractor shall be repaired or replaced at the sole expense of the contractor in a manner acceptable to the City. Failure to properly document such pre-existing conditions and to submit said documentation as required may render the contractor liable to repair any such damage at no expense to the City. No additional allowances shall be made due to the bidder’s lack of knowledge of the project requirements and site conditions.

3.6 STOP WORK ORDER

The City may, at any time, by written notice to the contractor, stop all or any part of the work for this bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order, resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the bid terms and conditions.

3.7 QUANTITIES

Any quantities identified in this bid are estimates only and in no way obligate the City to purchase these amounts. The City reserves the right to re-negotiate prices if, during the agreement term, the City purchases more than the estimated quantities in this bid.

3.8 PROTECTION OF PERSONS AND PROPERTY

While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property, or visitor property due to any negligence by the contractor, their employees, or other agents. The contractor must reasonably attempt to avoid damage to the City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage caused by the awarded contractor, their employees, or their agents. The contractor must not drive or park equipment on grass, sidewalks, patios, etc. If concerns are raised about excessively wet conditions in grassy areas, the contractor must contact the project manager for recommendations or workarounds before commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the project manager's satisfaction. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the project manager's satisfaction at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the work site is cleaned to the project manager's satisfaction.

3.9 REMOVAL OF DEBRIS

The contractor shall keep the worksite free and clear of rubbish and debris at all times during the performance of services. Any material or waste generated by the contractor or its employees, agents, and Subcontractors shall be removed and disposed of by the contractor at its expense to the satisfaction of the City. The contractor assumes all liability for accidents that may occur due to debris, equipment, tools, and worksite hazards.

3.10 WARRANTY

The contractor shall warrant and guarantee all goods, labor and services for no less than thirty (30) days from the date of acceptance and shall replace or repair all defects in material or workmanship during the warranty period. The contractor shall bear all labor, product replacement, mobilization, and transportation costs for warranted goods and services. Labor shall be warranted for no less than thirty (30) days from the acceptance date and all rework shall be at no cost to the City of Sebastian. A “No Charge” invoice shall be submitted on all warranty repairs detailing the replaced goods including dimensions and quantity. The contractor shall respond to all warranty requests within twenty-four (24) hours of notification. Repeated failure to meet the established and repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive instances of unsatisfactory service shall be cause for default. Warranty repairs must be accomplished within the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction of the project manager and City within seven (7) working days.

3.11 OWNERSHIP OF THE WORK

3.11.1. The contractor is solely responsible for all work, until final completion of the work.

Contractor shall be liable for all damage, theft, maintenance, and safety until such time as the City of Sebastian issues a notice of final completion of the work. Upon completion of each job, the contractor shall submit the following information, as applicable:

A. Final invoice with documentation.

B. The Contract Completion Form

C. Acceptance from City of Sebastian Building department

D. Warranty information to include effective dates, contact information, and details on the scope of coverage.

E. Cut sheets and Operations and Maintenance manuals for any installed equipment.

F. As-Built Drawings

G. Contractor internal work orders / employee timesheets upon request

H. Certified payroll, upon request

I. Any other documents as requested by the City

SECTION 4 – GENERAL TERMS AND CONDITION

4.1 DEFINITIONS

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

4.1.2. Bid: Submission in response to this ITB.

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

4.1.4. City: Refers to the City of Sebastian.

4.1.5. 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.

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

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

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

4.1.9. Responsive Bidder: Bidder whose proposal fully conforms in all material respects to the ITB and its entire requirement, including form and substance.

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

4.2 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.

4.3 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.

4.4 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.

4.5 BID SUBMISSION

4.5.1. All bids must be submitted via VendorLink electronically https://www.myvendorlink.com/.

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

4.5.3. The Contractor is responsible for ensuring 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.

4.5.4. Electronic submissions may require the uploading of attachments. All documents should be attached as separate files. Attachments containing embedded documents or proprietary file extensions are prohibited. The bidder is responsible for ensuring that its bid, including all attachments, is uploaded successfully.

4.5.5. Bids sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted.

4.5.6. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time to submit bids and upload attachments. Any technical issues must be submitted to VendorLink by emailing support@evendorlink.com. The City cannot assist with technical issues regarding submittals and will not be responsible for delays caused by technical or other issues.

4.6 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.

4.7 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.

file://///cityofsebastian.org/FileShare/Finance/Jessica%20Graham/_3%20Templates/2024%20-%20Centennial/Request%20For%20Quote/support@evendorlink.com

4.8 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.

4.9 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).

4.10 CONFLICT OF INTEREST

4.10.1. 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.

4.10.2. 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.

mailto:jwilliams@cityofsebastian.org

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

4.11 PROTEST PROCEDURE

4.11.1. 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.

4.11.2. 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.

4.11.3. 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.

4.11.4. 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.

4.12 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.

4.13 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.

4.14 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.

4.15 CONTRACTOR’S REPRESENTATIVE

The contractor must provide a point of contact for the term of this ITB 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. This must be provided if the point of contact differs between regular work hours, after-hours, weekends, and holidays. 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 present on the job site on behalf of the contractor must always provide and display proper identification on their clothing. The contractor must also provide the procurement division with 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.

4.16 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.

4.17 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.

4.18 PUBLIC ENTITY CRIMES

4.18.1. 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.

4.18.2. "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.

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

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

B. 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

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

D. 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.

4.18.4. 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.

4.19 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.

4.20 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.

4.21 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.

4.22 INVOICING

4.22.1. 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

4.22.2. 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.

4.22.3. It shall be understood that invoices shall not be authorized for payment until the

City representative inspects the work 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 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.

4.23 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.

4.24 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.

4.25 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.

4.26 PRICE ADJUSTMENTS

4.26.1. In the event of unforeseen circumstances that directly impact the goods/services provided under this bid, the City of Sebastian will…