A_-_25-20-ITB_-_Citywide_Ditch_and_Swale_Grading.pdf

INVITATION TO BID

25-20-ITB

CITYWIDE DITCH AND SWALE GRADING

Contact Person

Jessica Graham, CPPB Procurement/Contracts Manager

Phone: (772) 388 – 8231 Email: procurement@cityofesebastian.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, July 24, 2025 -

PRE-BID MEETING Tuesday, August 5, 2025 9:30 AM Local Time

QUESTION DEADLINE Monday, August 11, 2025 2:00 PM Local Time

BID DUE DATE Thursday, August 21, 2025 2:00 PM Local Time

RECOMMENDATION OF

AWARD

Wednesday, September 24, 2025 6:00 PM Local Time mailto:procurement@cityofesebastian.org

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SECTION 1 – INSTRUCTIONS TO BIDDERS

1.1 PURPOSE

1.1.1 The City of Sebastian is seeking sealed bids from interested bidders to perform ditch and swale grading on an as needed basis within the City.

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 non-mandatory pre-bid meeting will be held on Tuesday, August 5, 2025, at 9:30 AM local time at the City of Sebastian Public Works Compound, 505 Airport Drive West, Sebastian, FL 32958. A site visit will be held immediately after the pre-proposal meeting.

1.3 QUESTION DEADLINE

1.3.1 The deadline to submit questions will be Monday, August 11, 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 AND BID OPENING

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

1.4.2 All sealed bids are due by Thursday, August 21, 2025, by 2:00 P.M. local time.

1.4.3 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.

1.4.4 Meeting Information:

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423 dbabea4df Meeting ID: 136259113 Password: JhzXZgfvah https://www.myvendorlink.com/ mailto:kkillgore@cityofsebastian.org https://www.myvendorlink.com/ https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df%20%20%20 https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df%20%20%20

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Or dial:

+1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824

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

1.4.6 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 of.

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS TO BIDDERS 2

SECTION 2 – SCOPE OF WORK 5

SECTION 3 – SPECIAL CONDITIONS 11

SECTION 4 – GENERAL TERMS AND CONDITIONS 15

SECTION 5 – REQUIRED FORMS 34

• CONTACT INFORMATION SHEET 35

• CORPORATE RESOLUTION 36

• STATEMENT OF BIDDER’S QUALIFICATIONS 37

• NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 39

• DRUG-FREE WORKPLACE PROGRAM 40

• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 41

• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 42

• APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING

LOBBYING

• CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF

CONCERN PROHIBITED AFFIDAVIT

• HUMAN TRAFFICKING AFFIDAVIT 45

• REFERENCE LIST 46

• SUBCONTRACTOR LIST 47

• ADDENDA ACKNOWLEDGEMENT 48

• LOCAL VENDOR PREFERENCE AFFIDAVIT 49

SECTION 6 – BID PRICE FORM 50

ATTACHMENT A – SAMPLE CONTRACT

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SECTION 2 – SCOPE OF WORK

2.1 INTRODUCTION

2.1.1 The awarded Contractor agrees to furnish all supervision, labor, materials, supplies, equipment, machinery, transportation, and tools necessary to perform ditch and swale grading services at various locations throughout the City of Sebastian, on an as-needed basis. The City will not pay for the rental or purchase of equipment required by the contractor, nor will it cover mobilization fees of any kind.

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

2.1.3 Quantities: All quantities identified in this bid are estimates only and shall not be interpreted as a guarantee or obligation by the City to procure services in the stated amounts.

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

2.2 GRADING

2.2.1 The Project Manager or designee will determine the required benchmark and elevations at the inlet of culvert pipes and mark them on the roadways for reference.

2.2.2 The Contractor shall coordinate with the Project Manager or designee regarding areas where the quarter round will remain after the project. No quarter round will be reinstalled. It will only stay in places where it was intact, and grading can be completed without removal or disturbance.

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

2.2.4 The Contractor shall limit excavation to a maximum of four (4) feet on each side of the swale/flowline. A slope ratio of 3:1 shall be maintained where applicable. Any deviation from these parameters must receive prior written approval from the Project Manager or designee and shall be approved on a per-location basis.

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

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2.2.6 As rain may wash away soil and fill that is graded before sodding, it is recommended that the contractor only open up areas that are feasible to sod within 72 hours. If graded swales are washed away during a rainstorm, it is the contractor's responsibility to re-establish the proper grade and clean any surrounding areas.

2.2.7 Irrigation:

A. Irrigation systems shall not be located within the public right-of-way.

B. If irrigation is encountered within the right-of-way, the Contractor shall immediately notify the Project Manager or designated representative.

No grading shall proceed until written approval is provided.

C. If pressurized irrigation systems are damaged during grading, the Contractor shall promptly cap the damaged pipe to prevent water loss and further damage.

D. Underground utility lines may exist within the swales, housed in boring sleeves. These utilities must be located prior to excavation using the 811 system. Lines should be installed at a minimum depth of three (3) feet below grade. If located at a shallower depth, the Contractor shall notify the Project Manager or designee, who may assist in coordinating relocation to meet depth requirements.

2.2.8 Sod Installation

A. Upon completion of grading, all swale areas shall be re-sodded with the same type of sod previously installed (Bahia or Floratam).

B. At the Contractor’s discretion, existing sod may be salvaged and reused, provided it remains viable. Regardless of method, all sections of the swale must be fully sodded to mitigate future erosion.

C. The Contractor shall ensure that newly installed sod is watered every other day for a period of fourteen (14) consecutive days following installation.

2.2.9 Private (Homeowner) Property

D. The Contractor shall not enter, utilize, or access privately owned driveways under any circumstances, unless express written permission is provided by both the homeowner and the Project Manager or designee.

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E. All construction-related equipment, tools, and vehicles shall be staged either at the road edge or within the swale area. At no point shall equipment be placed on private property, including driveways, lawns, or landscaped area.

2.3 INSPECTION/QUALITY ASSISTANCE

2.3.1 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.

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

2.4 MAINTENANCE OF TRAFFIC

2.4.1 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.

2.5 PRICING

The pricing under this Bid shall remain firm throughout the initial term of this agreement/contract. No pricing increases will be permitted during the initial term unless approved by the City Council through a contract amendment.

2.6 UNSATISFACTORY EQUIPMENT AND/OR SERVICES

2.6.1 The City will discuss all instances of unacceptable equipment and/or services with the awarded Contractor. The Contractor shall immediately rectify the issue at no charge to the City, including all applicable labor and materials.

2.6.2 During this time, the City may suspend service with the Contractor until the problem(s) are corrected or may elect to use another company on an emergency basis. A record of failure to perform or of an unsatisfactory performance may result in supplier debarment.

2.7 MISCELLANEOUS NON-BID ITEMS

The City may negotiate with the Contractor(s) on Miscellaneous Non-Bid Items necessary for the successful completion of the Project(s).

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2.8 CONTRACTOR MINIMUM QUALIFICATIONS

2.8.1 Must be registered with the State of Florida, Division of Corporations, to do business in Florida.

2.8.2 Bidder must possess three (3) years of experience in providing earthwork/grading services.

2.8.3 Contractor must have been in business under the same FEIN number for the past three (3) years. Evidence should be submitted with the bid submittal.

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

2.8.5 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.

2.8.6 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.

2.9 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:

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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, 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

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 that shall at least meet the

a) State Worker’s Compensation: Statutory

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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 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 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, the contractor shall 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. The city reserves the right to accept or reject the insurance carrier.

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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 bidder’s failure to conform to the requirements of the solicitation 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. The initial term of the Agreement is for a term of two (2) years. The parties may renew the Agreement for two (2) additional terms of one (1) year if agreed to in writing at least thirty days before the end of the initial term.

3.2.2. No amount of work is guaranteed upon the execution of an Agreement/Contract.

3.3 CITY OF SEBASTIAN LOCAL PREFERENCE

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 being performed to ensure compliance with the requirements of the agreement. If the requirements are not satisfactorily being met, the City shall require the contractor to correct any discrepancies, inconsistencies, or

Rev 7/2025 Page 12 of 50 faults immediately 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; 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

3.5.1. Bidders are obligated to carefully examine the project specification and exercise due diligence regarding all current and pre-existing conditions at the project site.

3.5.2. 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.

3.5.3. 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.

3.5.4. 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 pre-existing conditions and submit the required documentation may render the contractor liable for repairing any resulting damage.

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3.5.5. 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 PROTECTION OF PERSONS AND PROPERTY

3.7.1. While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian's property, personal property, or visitor property due to any negligence on the part of the awarded contractor, their employees, or other agents.

3.7.2. The contractor must reasonably attempt to avoid damage to City or private property under all conditions.

3.7.3. 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, or patios. If concerns are raised about excessively wet conditions on 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 worksite is cleaned to the project manager's satisfaction.

3.8 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.

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3.9 WARRANTY

The contractor shall warrant and guarantee all goods, labor and services for a period of 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 for 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. They shall be fully completed to the satisfaction of the project manager and City within seven

(7) working days.

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SECTION 4 – GENERAL TERMS AND CONDITIONS

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 RFP.

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

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

4.2 NOTICE

Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Contractor designates the address set forth on the first page of this bid document as its place for receiving notice, and the City designates the following address for such notice:

City of Sebastian

Attention: Procurement/Contracts Manager

1225 Main Street, Sebastian, FL 32958

Telephone: 772-388-8231

Email: procurement@cityofsebastian.org mailto:procurement@cityofsebastian.org

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4.3 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, including 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.

4.4 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.

4.5 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.

4.6 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.

4.7 BID SUBMISSION

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

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

4.7.3. 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.

4.7.4. 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 proposal, including all attachments, is uploaded successfully.

https://www.myvendorlink.com/

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

4.7.6. 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.

4.8 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.

4.9 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.

4.10 PUBLIC RECORDS

4.10.1. 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.

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

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4.10.2. 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:

CITY CLERK

1225 MIAN STREET

SEBASTIAN, FL 32958

TELEPHONE: 772-388-8215

EMAIL: JWILLIAMS@CITYOFSEBASTIAN.ORG

4.11 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).

4.12 CONFLICT OF INTEREST

4.12.1. 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 providing the goods or services requested in this Solicitation.

4.12.2. 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.

4.12.3. Should the successful bidder permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with mailto:jwilliams@cityofsebastian.org

Rev 7/2025 Page 19 of 50 the bidder before or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City.

4.13 PROTEST PROCEDURE

4.13.1. 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, 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.

A. 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.

B. 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.

C. 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, Rev 7/2025 Page 20 of 50 makes a determination on the record that the award of a contract is necessary to protect the city's substantial interests.

4.14 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES

Contractors must be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the Contractor's part to be aware of any law, ordinance, rule or regulation will not 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 Contractor's sole responsibility.

4.15 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 work or services performed under this agreement shall be subject to the contractor’s sole direction, supervision, and control at all times and in all places. The contractor shall exercise control over the means and manner in which it and its employees perform the work. 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 has no 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. In its absolute discretion, the City 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.

4.16 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. 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

Rev 7/2025 Page 21 of 50 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.

4.17 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK

With the contractor's consent and agreement, other governmental agencies, political subdivisions within 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.

4.18 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 negotiate/purchase per City policy directly. 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 City's best interest, at any time during this agreement term.

4.19 PUBLIC ENTITY CRIMES

4.19.1. 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 concerning 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.

4.19.2. "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.

4.19.3. “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

Rev 7/2025 Page 22 of 50

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.

4.19.4. 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.

4.20 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.

4.21 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.

4.22 RIGHT TO REJECT

4.22.1. 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.

4.22.2. Multiple bids from an individual, bidder, or association under the same or different names will not be considered.

4.23 INVOICING

4.23.1. 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, Rev 7/2025 Page 23 of 50

FL 32958. The Contractor shall provide fully documented invoices, indicating the basic information 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

4.23.2. Any invoice submitted as a result of this bid's award shall be itemized and match the items on the purchase order. “Lump sum” invoices shall not be submitted or 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.

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

Failure to submit invoices in the prescribed manner will delay payment.

4.24 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.

4.25 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

Rev 7/2025 Page 24 of 50 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.

4.26 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.

4.27 PRICE ADJUSTMENTS

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

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

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

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

4.28 CHANGE ORDERS

4.28.1. Without invalidating the contract documents, and without notice to the surety, the City of Sebastian reserves the right to make increases, decreases or other changes in the character or quantity of the work under

Rev 7/2025 Page 25 of 50 the bid and contract documents as may be considered necessary or desirable to complete the work in a manner satisfactory to the City of Sebastian. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents.

4.28.2. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in…