A_-_26-05-ITB_-_Concha_and_Stonecrop_Sheet_Piling_Repair.pdf

INVITATION TO BID

26-05-ITB

CONCHA AND STONECROP SHEET PILING REPAIRS

Contact Person

Jessica Graham, CPPB Procurement Manager Phone: (772) 388-8231

Email: procurement@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 Bidders of all changes.

PROPOSED SCHEDULE

EVENT DATE TIME

RELEASE DATE: Thursday, November 6, 2025 -

PRE-BID MEETING Wednesday, November 19, 2025 10:00 AM Local Time

QUESTION DEADLINE Tuesday, November 25, 2025 2:00 PM Local Time

BID DUE DATE Thursday, December 11, 2025 2:00 PM Local Time

RECOMMENDATION OF

AWARD

January 2026 6:00 PM Local Time mailto:procurement@cityofsebastian.org

Rev 7/2025 Page 2 of 31

SECTION 1 – INSTRUCTIONS TO BIDDERS

1.1 PURPOSE

1.1.1 The City of Sebastian is seeking bids from licensed contractors to provide repair services for the Concha Water Control Structure as well as the Stonecrop Control Structure. The contractor shall furnish all labor, materials, supervision, equipment, tools, transportation, supplies, and expertise necessary to provide the repair services outlined in the Scope of Services.

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 ELECTRONIC BID SECURITY

1.2.1 Electronic bid security shall be submitted by the bidder and made payable to the City of Sebastian in an amount not less than five percent (5%) of the total bid price. In lieu of an electronic submission, a bidder may submit an alternative form of security in the form of cash, money order, certified check, cashier’s check, or a domestic corporate bond, note, or debenture as authorized under Section 625.317, Florida Statutes. All bid securities must be issued by a company with a registered agent in the State of Florida.

Personal or business checks will not be accepted.

1.2.2 If a bidder elects to submit an alternative form of security (cash, money order, certified check, or cashier’s check), it must be hand-delivered to the City of Sebastian Procurement Manager no later than the due date and time specified in the solicitation. The security must be enclosed in a sealed envelope clearly labeled with the solicitation name and number, and marked “BID BOND.”

Delivery Address:

City of Sebastian Attn: Procurement Manager 1225 Main Street Sebastian, FL 32958

1.2.3 Failure to submit the required bid security by the specified deadline will result in the bid submittal being deemed non-responsive.

https://www.myvendorlink.com/

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1.3 PRE-BID MEETING

A non-mandatory pre-bid meeting will be held on Wednesday, November 19, 2025, at 10:00 AM local time at the City of Sebastian Council Chambers, 1225 Main Street, Sebastian, FL 32958.

1.4 QUESTION DEADLINE

1.4.1 The deadline to submit questions will be Tuesday, November 25, 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 procurement@cityofsebastian.org.

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

1.5 ELECTRONIC BID SUBMITTAL

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

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

1.5.3 PROPRIETARY INFORMATION: In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all bid proposers should be aware that all proposals and the responses thereto are public records and subject to public inspection. If a proposer believes that any information contained in a proposal is confidential or proprietary and exempt from public disclosure, the proposer shall identify specifically any such information contained in their proposals and cite specifically the applicable exempting law.

1.5.4 PROPERTY OF THE CITY: All proposals received from proposers in response to this bid proposal will become the property of the City of Sebastian and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City.

1.5.5 LATE BIDS WILL NOT BE OPENED OR ANNOUNCED.

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.

https://www.myvendorlink.com/

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1.6 BID OPENING

1.6.1 All sealed bids are due by Thursday, December 11, 205, by 2:00 P.M.

local time.

1.6.2 The bid opening will be held virtually. Bids will be opened at 2:05 p.m. local time. The company name and the lump sum bid amount of all companies that submitted a response to this Invitation to Bid will be read aloud.

1.6.3 Meeting Information:

https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423 dbabea4df 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

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

Rev 7/2025 Page 5 of 31

Indian River Press Journal Date Advertised: Sunday, November 9, 2025

CITY OF SEBASTIAN, FLORIDA

NOTICE TO BIDDERS

Concha and Stonecrop Sheet Piling Repairs

NOTICE IS HEREBY GIVEN that the City of Sebastian is accepting bids for 26-05-ITB, Concha and Stonecrop Sheet Piling Repairs. The solicitation document outlining the scope of services is available from VendorLink (https://www.myvendorlink.com/external/bids).

A non-mandatory pre-bid meeting will be held on Wednesday, November 19, 2025, at 10:00 am, local time, located in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, FL 32958.

Questions are due on Tuesday, November 25, 2025, at 2:00 pm local time. All questions shall be directed to the Procurement Manager, Jessica Graham, CPPB, at 772- 388-8231 or by email at procurement@cityofsebastian.org.

Bids are due Thursday, December 11, 2025, 2:00 pm, Local Time.

https://www.myvendorlink.com/external/bids

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TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS TO BIDDERS 2

LEGAL AD 5

TABLE OF CONTENTS 6

SECTION 2 – Scope Of Work 7

SECTION 3 – General Terms And Conditions 16

SECTION 4 – Required Forms 17

• Contact Information Sheet 18

• Corporate Resolution 19

• Statement Of Bidder’s Qualifications 20

• Non-Collusion Affidavit Of Prime Bidder 22

• Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying 23

• Contracting With Entities Of Foreign Countries Of Concern Prohibited Affidavit

• Human Trafficking Affidavit 25

• Notifications Affidavit 26

• Reference List 27

• Subcontractor List 28

• Local Vendor Preference Affidavit 29

SECTION 5 – Bid Price Form 30

BID BOND 31

EXHIBITS

• EXHIBIT A - Concha Repair Protocol and Performance Specifications

• EXHIBIT B – Stonecrop Repair Location

• EXHIBIT C – Sample Contract

Rev 7/2025 Page 7 of 31

SECTION 2 – SCOPE OF WORK

2.1 SCOPE OF WORK

2.1.1 The City of Sebastian is in need of repairs to the City’s Concha Water

Control Structure as well as the Stonecrop Control Structure. The Concha structure controls the flow from the City’s stormwater canal system to the St. Sebastian River, which eventually outfalls into the Indian River Lagoon.

The Concha Water Control Structure is maintained by the City of Sebastian, and the structure may be accessed via City easements on either side of the structure at 710 Concha Drive and 577 Joy Haven Drive. The Stonecrop Control Structure controls the flow from the City’s retention area and wetlands, prior to outfall to the St. Sebastian River.

2.1.2 The Contractor shall follow the detailed instructions listed in Exhibit A (Exhibit A - Concha Repair Protocol and Performance Specifications) to complete the Concha Dam Sheet Piling Repairs. The same protocols shall be used for the Stonecrop Control Structure as shown in Exhibit B. Only site preparation, scraping, and painting are required for this location. The site may be accessed via City property across from 1550 Stonecrop Street.

2.2 PERMITTING

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

2.3 CONTRACTOR MINIMUM QUALIFICATIONS

2.3.1 Contractor must be registered with the State of Florida, Division of

Corporations, to do business in Florida.

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

2.3.3 Contractor shall be licensed by the State of Florida as a General Contractor.

A. The contractor must provide a copy of their license with their bid submittal; and

2.3.4 Contractor must have a minimum of three (3) years of experience performing drainage improvement work, or site civil work, of a similar size, scope and complexity for local and county government agencies; and

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

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2.3.6 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.

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

2.4 PERFORMANCE/PAYMENT BONDS

2.4.1 A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project., The successful bidder shall, within fifteen (15) calendar days after receiving Notice of Award, submit a performance and payment bond (“Bond”). The Bond will guarantee the completion of the Work covered by the Contract Documents and the payment of all suppliers, Subcontractors, and the Contractor’s workforce. The Bond(s) shall not contain a provision allowing the Surety(s) to cancel the Bonds before the full Completion of the Contract, including the option to renew years. (Sample Forms are provided for information purposes.)

2.4.2 The bond (s) shall be provided by a surety company authorized to do business in Florida, and approved by the city manager and city attorney. In lieu of a bond(s), the contractor may furnish as security in favor of the City a certified check, a cashier’s check, or an irrevocable letter of credit

2.4.3 The check or letter of credit shall be drawn on or issued by a bank authorized to do business in Florida. The city manager and city attorney must approve the form of the check, letter, or credit.

2.4.4 Attorneys-in-fact who sign bonds must file a certified and effective dated copy of their power of attorney with each bond. Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended), and be authorized to transact business in Florida.

2.5 CONTRACT TIME & NOTICE TO PROCEED

2.5.1 Notice To Proceed: The contractor shall not commence any work or enter a worksite until the City issues a written Notice to Proceed (NTP) directing the awarded bidder to proceed with the Work.

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2.5.2 After the NTP is issued, the Contractor shall begin the project no later than February 2, 2026, to ensure the project can be completed during the dry season.

2.5.3 Contract Time: The Contract Time shall commence on the date outlined in a Notice to Proceed issued by the City to the Contractor. The Work shall be:

A. Substantially Completed within thirty (30) calendar days after the date when the Contract Time commences to run as provided for in the Notice to Proceed, and

B. Final Completion and ready for final payment in accordance with this Agreement within sixty (60) calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed.

2.6 LIQUIDATED DAMAGES

2.6.1 The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of Five Hundred Dollars ($500.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract

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

2.7 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.

2.8 NPDES REQUIREMENTS

Contractor is to supply the City with their dewatering plan prior to construction, including all site protection. Details are to be provided for complying with the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewers (MS4) permit requirements. Contractor to put in place measures to

Rev 7/2025 Page 10 of 31 ensure illicit discharges do not occur to nearby stormwater systems / nearby water bodies.

2.9 PROJECT COORDINATION

2.9.1 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 agreement's requirements. If the requirements are not satisfactorily being met, the City shall require the contractor to correct any discrepancies, inconsistencies, or 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 an on-site supervisor or authorized representative who is fluent in English, possesses adequate knowledge of the work being performed, and holds the authority to make decisions on behalf of the Contractor; 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.

2.10 SITE INSPECTION AND DUE DILIGENCE

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

2.10.2 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.

2.10.3 Before the commencement of work, the contractor shall submit photographs and/or video recordings to the project manager to document any such pre-

Rev 7/2025 Page 11 of 31 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.

2.10.4 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.

2.10.5 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.

2.10.6 No additional allowances shall be made due to the bidder’s lack of knowledge of the project requirements and site conditions.

2.11 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.

2.12 PROTECTION OF PERSONS AND PROPERTY

2.12.1 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 on the part of the awarded contractor, their employees or other agents.

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

2.12.3 The awarded contractor agrees to repair or replace, at its own expense, any damage caused by the awarded contractor, their employees or their agents.

2.12.4 The contractor must not drive or park equipment on grass, sidewalks, or patios.

2.12.5 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.

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2.12.6 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.

2.12.7 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.

2.12.8 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.

2.13 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.

2.14 WARRANTY

2.14.1 The contractor shall warrant and guarantee all goods, labor and services for a period of no less than one (1) year from the date of acceptance and shall replace or repair all defects in material or workmanship during the warranty period.

2.14.2 The contractor shall bear all labor, product replacement, mobilization, and transportation costs for warranted goods and services.

2.14.3 A “No Charge” invoice shall be submitted for all warranty repairs detailing the replaced goods, including dimensions and quantity.

2.14.4 The contractor shall respond to all warranty requests within twenty-four (24) hours of notification. They shall be fully completed to the satisfaction of the project manager and City within seven (7) working days

2.14.5 Repeated failure to meet the established and repair timeframes will be considered unsatisfactory under the terms of this agreement.

2.14.6 Excessive instances of unsatisfactory service shall be cause for default.

2.15 OWNERSHIP OF THE WORK

2.15.1 The contractor is solely responsible for all work, until final completion of the work. The contractor shall be liable for all damage, theft, maintenance, and

Rev 7/2025 Page 13 of 31 safety until 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

2.16 INSURANCE

2.16.1 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.

2.16.2 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.

2.16.3 The certificate holder shall read:

City Of Sebastian

1225 Main Street

Sebastian, FL 32958

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2.16.4 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 following minimum limits:

b) 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 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 excess of Commercial

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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. **

E. Pollution Liability: The contractor shall provide and maintain pollution liability Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Contractor, all arising out of the Goods delivered or Services (including transportation risk) performed under this Contract..

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

a) Bodily Injury and Property Damage:

• Per Occurrence: $1,000,000

b) Environmental/Pollution Liability Aggregate: $2,000,000

2.16.5 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.

2.16.6 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.

2.16.7 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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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Section 3 – General Terms and Conditions

The Invitation to Bid General Terms and Conditions are located on the City’s Website.

Interested bidders must visit the website below to view the General Terms and

Conditions.

Link: https://www.cityofsebastian.org/548/Terms-and-Conditions https://www.cityofsebastian.org/548/Terms-and-Conditions

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SECTION 4

REQUIRED

FORMS

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 18 of 31

CONTACT INFORMATION SHEET

DUE DATE: December 11, 2025 Bids due on or before 2:00 PM LOCAL TIME

Proposals must be submitted electronically via VendorLink

Check the Addenda for any revised opening dates before submitting your bid. Bid(s) received after the date and time stated above will not be opened.

CONTACT:

Jessica Graham, CPPB

Procurement/Contracts Manager

(772) 388-8231 jessgraham@cityofsebastian.org

ITB TITLE: Concha and Stonecrop Sheet Piling Repairs

ITB NO.: 26-05-ITB

Bidder Name and “Doing Business As”, if applicable:

Federal Tax Identification Number:

Unique Entity ID (SAM.GOV):

Address:

City: State: Zip Code:

Telephone No:

E-Mail Address of Authorized Representative:

I certify that I have carefully examined the ITB document and associated documents, including the Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief, and that I am duly authorized to submit this bid on behalf of the bidder named above, and that the bidder is ready, willing, and able to perform if awarded.

In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid, and prices will remain for a period of ninety (90) days to allow the City adequate time to evaluate the bid.

Signature of Authorized Representative (Manual)

Name of Authorized Representative (Typed or Printed)

Title Date

Each bid submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. The bid submittal shall be marked non-responsive if a Corporate Resolution cannot be provided.

The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best interest and waive any non-substantial irregularities.

mailto:jessgraham@cityofsebastian.org

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 19 of 31

CORPORATE RESOLUTION

I, ___________________________________________, Board President of

______________________________, a corporation organized and existing under the laws of the

State of _____________________, hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on _____________________, 2025, at which a quorum was present and acting throughout, the following resolutions were adopted and are now in full force and effect:

RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation bids and agreements, of which bids and agreements include a hold harmless and indemnification clause.

I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows:

NAME OFFICIAL SIGNATURE

IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this _____ day of ____________, 2025.

Board President Signature: __________________________________________________

STATE OF _________________

COUNTY OF _________________

The foregoing instrument was acknowledged before me, by means of ___ physical presence or

___ online notarization, this _______ day of _______________, _______ (year) by

_____________________________, who is personally known to me or who has produced

_______________________________ as identification and who did (did not) take an oath.

______________________ (Signature of Notary Public)

______________________ (Name of Notary – Typed, printed or stamped)

______________________ (Notary Seal / Serial Number)

______________________ (Date)

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 20 of 31

STATEMENT OF BIDDER’S QUALIFICATIONS

Solicitation Title:

Solicitation Number:

Name of Bidder:

Professional License Type and Number:

1. Contractor’s Compliance with Employment Eligibility Requirements (§448.095, Fla. Stat.

– E-Verify)

The E-Verify system is an internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Florida Statutes §448.095 provides that any person or entity that has entered or is attempting to enter into a contract with the City of Sebastian to provide labor, supplies or services must register with and use the E-Verify system to verify the work authorization status of all employees hired after January 1, 2021. Further, the contractor must maintain certain required employment compliance records of subcontractors for the duration of the contract with the City of Sebastian.

Contractor E-Verify Registration Number:

2. How long has your organization performed services under your present name?

3. How long has your company provided drainage improvements or site civil work as a contractor or subcontractor?

4. Has your organization, any officer, or partner failed to complete any work awarded to you?

If so, where and why?

5. Has your company been in disputes or litigations in the last five (5) years over past or present projects? If so, describe the nature of the dispute or litigation and state the Owner's Name, Address, Telephone, and number of disputes or litigations. (Use additional sheets if necessary.)

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 21 of 31

6. Has the bidder’s organization or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years?

( ) YES ( ) NO

7. Has the bidder’s organization been declared in default, terminated, or removed from a contract or job related to the services your company provides in the regular course of business within the last five (5) years?

8. Has your organization filed any request for equitable adjustment, contract claims, protest, or litigation in the past five (5) years related to the services provided in the regular course of business?

I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this ITB for the City of Sebastian.

Signature of Contractor’s Authorized Official Date

Name and Title of Contractor’s Authorized Official

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 22 of 31

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF _________________________________

COUNTY OF _________________________________

__________________________ , being duly sworn, deposes and says that:

(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.

(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid.

(3) Such bid is genuine and is not a collusive or sham bid.

(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through an collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Sebastian, Florida, or any person interested in the proposed Agreement.

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant.

(Signed)

(Title)

The foregoing instrument was acknowledged before me, by means of ___ physical presence or

___ online notarization, this _______ day of _______________, _______ (year) by

_____________________________, who is personally known to me or who has produced

_______________________________ as identification and who did (did not) take an oath.

______________________ (Signature of Notary Public)

______________________ (Name of Notary – Typed, printed or stamped)

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

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000.00)

The undersigned certifies, to the best of his or her knowledge, that:

1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure

The Contractor, ____________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

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CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN

PROHIBITED AFFIDAVIT

The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”) is required by Section 287.138, Florida Statutes (“F.S.”), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response or otherwise entering into a contract with the City. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed

Affidavit is submitted to the City.

________________________________ does not meet any of the criteria set forth in Paragraphs 2 (a) – (c)

(Bidder's/Proposer's Legal Company Name) of Section 287.138, FS.

Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Print Name of Bidder's/Proposer's Authorized Representative: _________________________________

Title of Bidder's/Proposer's Authorized Representative: _________________________________

Signature of Bidder's/Proposer's Authorized Representative: _________________________________

Date: ________________________

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HUMAN TRAFFICKING AFFIDAVIT

In compliance with Section 787.06(13), Florida Statutes, this affidavit must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with the City of Sebastian (the “Governmental Entity”).

The undersigned, on behalf of the entity listed below (the “Nongovernmental Entity”), hereby swears or affirms as follows:

1. I am over eighteen (18) years of age. The following information is based on my own personal knowledge.

2. I am an officer or representative of______________________________________, a

Nongovernmental entity, and I am authorized to provide this affidavit on behalf of the

Nongovernmental Entity.

3. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time.

4. If, at any time in the future, Nongovernmental Entity does use coercion for labor or services, Nongovernmental Entity will immediately notify Governmental Entity, and no contracts may be executed, renewed, or extended between the parties.

5. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated in it are true, and is made for the benefit of, and reliance by, Governmental Entity.

6. This declaration is made pursuant to Section 92.525(1)(c), Florida Statutes. I understand that making a false statement in this declaration may subject me to criminal penalties.

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

ANTIHUMAN TRAFFICKING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE.

FURTHER AFFIANT SAYETH NOT.

Company Name

Authorized Signature

Printed Name & Title Date

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NOTIFICATIONS AFFIDAVIT

I, , ___________________________________, (Print Authorized Name) (Title) of ____________________________________________________________________________ (Company Name)

Affirm that I read and understand, as well as accept all requirements and regulations listed in the Invitation to Bid General Terms and Conditions of the above-referenced solicitation document, to include the following notifications:

• Invitation to Bid General Terms and Conditions o Link: https://www.cityofsebastian.org/548/Terms-and-Conditions

• Conflict of Interest

• No Collusion

• Immigration Laws

• Drug-Free Workplace

• Public Entity Crimes

• Debarment and Suspension

• Scrutinized Vendor

• Addenda o To verify the number of addenda (if any), a bidder may contact the

Procurement Division.

(Signed)

(Title)

(Date)

The foregoing instrument was acknowledged before me, by means of ___ physical presence or

___ online notarization, this _______ day of _______________, _______ (year) by

_____________________________, who is personally known to me or who has produced

_______________________________ as identification and who did (did not) take an oath.

______________________ (Signature of Notary Public)

______________________ (Name of Notary – Typed, printed or stamped) https://www.cityofsebastian.org/548/Terms-and-Conditions

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REFERENCE LIST

Bidder’s Name:

List a minimum of three (3) client references that can speak to the proposer’s experience and performance within the last five (5) years. At least two (2) of these references should be government entities with a minimum of 150 employees. The City will conduct Reference Checks for the provided references. If the contact information is incorrect or the reference does not respond, the proposer will lose points awarded for this criterion. Use additional sheets as necessary.

***Do not list the City of Sebastian as a reference. ***

Reference #1

Company Name:

Location (City, State):

Contact Person:

Contact Number:

Email Address:

Dates of Service:

Services Provided:

Reference #2

Company Name:

Location (City, State):

Contact Person:

Contact Number:

Email Address:

Dates of Service:

Services Provided:

Reference #3

Company Name:

Location (City, State):

Contact Person:

Contact Number:

Email Address:

Dates of Service:

Services Provided:

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SUBCONTRACTOR LIST

Bidder Name: Phone #:

ITB Title: ITB #:

NOTE: List all sub-contractors and the percentages of work to be performed on this project, If sub-contractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary.

The City reserves the right to reject any bids if the bidder names sub-contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing.

***The contractor shall not subcontract more than 85% of the total contract value***

Company Name

Work To Be Performed and

Percentage of Work to be Performed

Contact Person

Telephone Number

I affirm that sub-contractor(s) will not be used to complete projects under this agreement.

Authorized Signature

Printed Name & Title

Date

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LOCAL VENDOR PREFERENCE AFFIDAVIT

Legal Name of Firm:

Contact Person: Telephone:

Email Address:

Remit Address:

Physical Address:

Sebastian or County Tax Receipt Number:

Current Date Issued

☐ Required copies attached?

Previous Date Issued

Number of full-time employees working in the City of Sebastian (for city preference) or Indian River County (for county preference):

I certify that my company meets the following qualifications to be eligible for local vendor preference:

(1) Maintains a valid business tax receipt issued by either the City of Sebastian or Indian River County, at least one (1) year prior to the opening of a bid for which the business may seek local vendor preference, and

(2) Maintains a physical business address located within the City of Sebastian or Indian River County, from which the vendor is operating or performing its business, and at which it maintains full-time employees. Note: A post office box shall not be considered a physical business address.

I certify that under the penalty of perjury, the foregoing statements are true and correct. I also acknowledge that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for local preference shall lose the privilege to claim local preference status for a period of two (2) years.

Authorized Signature Date

Printed Name Title

NOTARY

Witness Date

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SECTION 5 – BID PRICE FORM

Concha Dam Sheet Piling Repair

Item Description UOM Total Bid Price

All-inclusive price to complete Concha and Stoncrop Sheet Piling Repairs per bid specifications and Exhibits A and B.

Lump Sum $

Notes:

A. This pricing is all-inclusive. All rates include mobilization and demobilization costs, as well as the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other associated costs required to provide the requested services.

The Bid Prices shall remain good for ninety (90) days after the due date of this ITB.

The Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby states that they have read all proposal specifications, terms, and conditions outlined in the Invitation to Bid and agree to such. Bidder also declares that the individual signing this Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate Bidder contractually.

Bidder Name:

Signature: Date:

Print Name: Title:

Concha and Stonecrop Water Control Structure Repairs 26-05-ITB

Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 31 of 31

BID BOND

KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and existing under the Laws of the State of _________________________ with its principal offices in the City of _________________________ and authorized to do business in the State of Florida, in the full and just sums of ____________ Dollars ($____________) good and lawful money of the United States of America, to be paid upon demand of the City of Sebastian, Florida to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firm these presents.

WHEREAS, the Principal has submitted to the City of Sebastian, Florida, a bid for 26-05-ITb, Concha and Stonecrop Sheet Piling Repairs, and

WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified cashier’s check or otherwise required to accompany this Bid, and

WHEREAS, the City requires a financial statement of the Surety Company to be included as a part, of this contract and the Surety Company must appear on the Treasury Department’s most current list (Circular 570 as amended).

NOW, THEREFORE: the conditions of this obligation are…