IFB_-25-WW-08_SEWER_BYPASS_PUMPS_FOR_3_LIFT_STATIONS_1.pdf

INVITATION FOR BID

SEWER BYPASS PUMPS FOR 3 LIFT

Michele Moore, Finance Director

NUMBER

25-WW-08

SEWER BYPASS PUMPS FOR 3 LIFT STATIONS - HMGP

BID NO. 25-WW-08

Table of Contents

SECTION 1 – INVITATION & INSTRUCTION TO BIDDERS

1.1 Invitation to Bid .................................................................................................................... Page 1,2

1.2 Instruction to Bidders ............................................................................................................... Page 3

1.3 General Project Description ..................................................................................................... Page 3

1.4 Defined Terms ......................................................................................................................... Page 3

1.5 Copies of Bidding Documents ................................................................................................. Page 3

1.6 Receipt of Bids ......................................................................................................................... Page 3

1.7 Bidders Qualifications ............................................................................................................. Page 4

1.8 Bidder’s Responsibility ............................................................................................................ Page 4

1.9 Approximate Estimate of Quantities ........................................................................................ Page 4

1.10 Preparation of Proposal ............................................................................................................ Page 5

1.11 Proposal Security ..................................................................................................................... Page 5

1.12 Bid Bond ( Required Form) ................................................................................................ Page 6,7

1.12 Withdrawal of Proposals .......................................................................................................... Page 8

1.13 Right to Reject Proposals ........................................................................................................ Page 8

1.14 Changes Prior To The Opening Bids ....................................................................................... Page 8

1.15 Lobbying ................................................................................................................................. Page 8

1.16 Scope of Work ......................................................................................................................... Page 9

SECTION 2 – FEDERAL CONTRACT PROVISIONS (FEMA- HMGP)

2.1 Equal Employment Opportunity (41 CFR Part 60) ....................................................... Page 9,10&11

2.2 Procurement of Recovered Material (2 CFR § 200.323) .................................................. Page 11&12

2.3 Remedies of Breach ................................................................................................................. Page 12

2.4 Termination Clause .................................................................................................................. Page 12

2.5 Byrd Anti-lobbying Amendment (31 U.S.C. 1352) ................................................................. Page 12

2.6 Required Certification .............................................................................................................. Page 12

2.7 Appendix A, 44 C.F.R. Part 18 – Certification regarding Lobbying ................................ Page 12&13

2.8 Debarment and Suspension (Contract Provision)(Required Form) ....................................... Page 14

2.9 Contract Work Hours and safety Standards Act (40 U.S.C.) ................................................... Page 15

2.10 Bonding Requirements............................................................................................................. Page 15

2.11 Access to Records .................................................................................................................... Page 16

2.12 Clean Air Act and The Federal Water Pollution Control Act .................................................. Page 16

SECTION 3 – BID PROPOSAL & PRICING

3.0 Submitting Proposal ................................................................................................................ Page 17

3.1 Award & Execution of Contract .............................................................................................. Page 17

3.2 Cancellation of Award ............................................................................................................. Page 17

3.3 Surety Bonds ............................................................................................................................ Page 17

3.4 Indemnity & Insurance ....................................................................................................... Page 17,18

3.5 Cancellation of Contract .......................................................................................................... Page 19

3.6 Completion Time & Liquid Damages...................................................................................... Page 19

3.7 Payment of Taxes ..................................................................................................................... Page 19

3.8 Public Entity Crimes Information Statement ........................................................................... Page 19

3.9 Prohibition of Gifts to City Employees ................................................................................... Page 20

3.10 Protest Procedures .................................................................................................................... Page 20

3.11 Immigration & Reform Act ..................................................................................................... Page 20

3.12 Local Vendor Preference ......................................................................................................... Page 20

SECTION 4 – BID FORMS & DOCUMENTS

4.0 BID AMOUNT - BID AMOUNT NEEDED ................................................................... Page 21,22,23

4.1 Completion Time of Contract ................................................................................................... Page 24

4.2 Supplemental Requirements ..................................................................................................... Page 24

4.3 Required Disclosure .................................................................................................................. Page 24

4.4 Acknowledgement of Agenda ................................................................................................... Page 25

4.5 Statement of Bidders Qualification’s ................................................................................... Page 26,27

4.6 Listing of Subcontractors .......................................................................................................... Page 28

4.7 Listing of Previous Experience ................................................................................................. Page 29

4.8 Sworn Statement under Section 287.133(3)(a), ......................................................................... Page 30,31

4.9 Anti-Collusion Statement.......................................................................................................... Page 32

4.10 Drug Free/Tie Preference Statement ........................................................................................... Page 33

4.11 Compliance with Public Records ................................................................................................ Page 34

4.12 E-Verify Compliance .................................................................................................................. Page 35

4.13 W-9 Request for Taxpayer Identification ................................................................................... Page 36

4.14 Agreement ................................................................................................................................ Page 37,39

4.15 Certificate of Insurance for Public Liability & Property Damage ........................................... Page 40

4.16 Affidavit Regarding Workman's Compensation ..................................................................... Page 41

4.17 Certificate of Insurance For Workman's Compensation ............................................................ Page 42

4.18 Contractor's Statement Under Oath, To Owner........................................................................... Page 43

4.19 Contractor’s Standard Insurance Requirement .................................................... Page 44,45,46,47,48 and Indemnification Clause ............................................................................... Page 44,45,46,47,48

4.20 Contractor Request for Information (RAI) ............................................................................. Page 49

4.21 Notice of Award Form ................................................................................................................. Page 50,51

4.22 Notice to Proceed Form ..................................................................................................................... Page 52

4.23 Change Order Form ................................................................................................................ Page 53,54,55

4.24 Application and Certificate for Payment Form ................................................................... Page 56,57,58

4.25 References............................................................................................................................................ Page 59

4.26 Warranties ....................................................................................................................................... Page 60,61

INVITATION TO BID

CITY OF HOLLY HILL, FLORIDA

SEWER BYPASS PUMPS FOR 3 LIFT STATIONS - HMGP

BID# 25-WW-08

SECTION 1 – INVITATION & INSTRUCTION TO BIDDERS

Notice is hereby given that the City of Holly Hill, Florida is accepting bids for SEWER BYPASS PUMPS FOR

3 LIFT STATIONS - HMGP.

Sealed bids will be accepted by the City of Holly Hill, 1065 Ridgewood Avenue, Holly Hill, Florida 32117, until 10:00 am, October 20, 2025 at which time and place all proposals received shall be publicly opened and read aloud in the City Hall.

There will be a non-mandatory pre-bid meeting for this project at City of Holly Hill Commission Chamber at

10:00 am September 29, 2025. The meeting will be held in the Commission Chambers, located in City Hall, 1065 Ridgewood Avenue, Holly Hill, FL 32117.

Description of Work - The project consists of:

• Procurement and installation of (3) three emergency bypass pumps with the associated equipment and improvements to construct operating emergency pumps for three existing sanitary pumping stations within the City of Holly Hill, Florida.

• This will include: The concrete slabs for the bypass pumps to be attached to and meet current applicable

Building Codes, the required Ductile Iron Pipe to plumb the bypass pumps to the existing wet well and existing force main,

• The required wiring connections as needed to make the bypass systems fully functional and operate independently from the existing pump station’s control systems.

• The project also will require the acquisition and installation of the specified Solar Panel and Controller for each Bypass Pump to maintain a fully charged starting battery for each of the systems.

Required Federal Contract Provisions (FEMA HMGP)

This project is funded in whole or in part by the Federal Emergency Management Agency (FEMA) under the

Hazard Mitigation Grant Program (HMGP). As a condition of receiving these federal funds, the Contractor and all subcontractors must comply with all applicable federal contract provisions as required by 2 CFR § 200.327 and Appendix II to 2 CFR Part 200.

Copies of the bid documents may be obtained electronically from VendorLink at www.myvendorlink.com. Any addenda to these bid documents will be posted on the VendorLink website. It is the bidder’s responsibility to ensure that all addenda have been received prior to submitting a bid for this project. All questions must be directed in writing to jdillard@zevcohen.com Questions must be submitted no later than 5:00 pm on October

13, 2025.

A certified check or bank draft (payable to the City of Holly Hill, Florida), or a satisfactory bid bond executed by the Bidder and an acceptable surety, in an amount equal to five percent (5%) of the total bid, must be submitted with each bid. No bid may be withdrawn for a period of ninety (90) days following the bid opening without the consent of the City of Holly Hill, Florida.

All bidders are required to complete and submit the “Public Entity Crime Sworn Statement”, (Form #PUR

7068), as required by Florida Statutes, Section 287.133(3)(a), with their bids.

The City of Holly Hill is not responsible for the U.S. mail or private carriers or messengers in regards to mail being delivered by the specified time so that a bid can be considered.

No bids received after the time and date specified for the opening will be considered. The City of Holly Hill, Florida reserves the right to reject any and all bids, to waive any and all irregularities in bids received, whenever such rejection or waiver is in the best interest of the City.

One (1) original hard copy and one (1) electronic copy on USB flash drive of the complete bid package -including the proposal, all required forms, supporting documentation, and any acknowledged addenda-shall be submitted in a sealed opaque envelope plainly marked on the outside as follows:

addressed to:

City Clerk, City of Holly Hill

1065 Ridgewood Avenue

Holly Hill, Florida 32117, SEWER BYPASS PUMPS FOR 3 LIFT STATIONS-HMGP

CITY OF HOLLY HILL

VOLUSIA COUNTY,

FLORIDA s/ Joseph A. Forte

City Manager

SECTION 1 - INSTRUCTIONS TO BIDDERS

1.1 PART 1 – GENERAL

PROJECT DESCRIPTION

A. The work of this project consists of furnishing all labor, materials, equipment, tools, transportation, services, and incidentals and performing all work necessary to construct:

SEWER BYPASS PUMPS FOR 3 LIFT STATIONS

All above referenced work shall be complete, in place, and ready for service in accordance with the drawings and specifications prepared therefore by Zev.Cohen.com and entitled, B. The 3 Lift Stations are: #7, #14 & #16.

LS 7 - 1301 Riverside Dr (E side of the intersection of Walker St and Riverside Dr)

LS 14 - 660 6th St (NE City ROW at intersection of 6th St & Dahlia Ave)

LS 16 - 834 8th St (NW City ROW of intersection of 8th St & Narcissus Ave)

1.2 DEFINED TERMS

Terms used in the Instructions to Bidders are defined and have the meanings assigned to them in the General

Conditions.

1.3 COPIES OF BIDDING DOCUMENTS

A. Copies of the bid documents may be obtained electronically from VendorLink at www.myvendorlink.com. Any addenda to these bid documents will be posted on the VendorLink website. It is the bidder’s responsibility to confirm that all addenda have been received prior to submitting a bid for this project. All questions should be directed in writing to John Dillard at jdillard@zevcohen.com. Questions to be submitted no later than 5:00 pm on October 13, 2025.

1.4 RECEIPT OF BIDS

The place to which proposal must be delivered, the amount of Proposal Security required, and the date, time, and place of the bid opening are stated in the Invitation to Bid. The Proposal form supplements the

Advertisement in indicating the project location and description, shows the approximate quantities of work to be performed and materials to be furnished, (if a unit price contract), and specifying any special requirements that may vary from or are not contained in the specifications. The bid documents listed under Preparation of

Proposal, shall be submitted as described in the Supplemental Requirements.

1.5 BIDDER'S QUALIFICATIONS

The Bidder will be required to show that she/he is capable of performing the work contemplated and shall furnish, if requested, in duplicate the following:

a. A sworn statement showing the equipment definitely controlled by the Bidder and available to him for performing the work;

b. A sworn statement of her/his experience in performing work of the character for which his bid is submitted;

and,

c. A sworn statement showing his current assets and liabilities as of a date not more than ninety (90) days prior to the date of submission.

If the Owner approves the above required statements and the Proposal is accompanied by the specified security, the person, firm or corporation submitting such Proposal shall be considered as a qualified Bidder.

1.6 BIDDER'S RESPONSIBILITY

The Bidder is required to carefully examine the project site, the Proposal Form, Drawings, Specifications, Agreement Form, and all other forms pertinent to the work contemplated. It will be assumed that he has satisfied himself as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and the requirements of the Contract and specifications. No allowance or concession will be made for lack of such information on the part of the Contractor.

Whenever such information concerning subsurface materials or conditions is given on the drawings, it is understood, in the absence of any qualifying notation, that it was obtained in the usual manner and the location, depths, and character of the material have been recorded in good faith. There is no expressed or implied agreement that the depths or the character of the material have been correctly indicated and Bidders should take into account the possibility that conditions affecting the cost or quantities of work to be done may differ from those indicated.

1.7 APPROXIMATE ESTIMATE OF QUANTITIES

The Bidder's attention is directed to the fact that in contracts based on unit prices the estimate of quantities of work to be done and materials to be furnished under these specifications, as shown on the Proposal Form, and in the Contract, is approximate and is given only as a basis of calculation upon which to determine the lowest

Bidder. The Owner does not assume any responsibility that the quantities shall obtain strictly in the construction of the Project, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities, or of the character of the work or location, or other conditions pertaining thereto.

The Owner reserves the right to increase or diminish any or all of the above-mentioned quantities of work or to omit any of them, as it may deem necessary, and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid, except as set forth in the General Conditions.

1.8 PREPARATION OF PROPOSAL

In preparing proposals, bidders must properly complete the Proposal Form, the Bid Form (if a Bid Bond is permitted as proposal security), the Certificate as to Corporate Principal, the Public Entity Crimes

Statement, the Anti-Collusion Statement, and the Drug-Free/Tie Preference Statement.

All bid prices must be written in ink, in both words and numerals, in the blank spaces provided for each item on the prescribed Schedule of Unit Prices. If the bid is based on unit prices, the amounts must be extended and totaled. In the event of any discrepancy between the written amounts and the numerals, the written amounts shall govern and will be considered the official bid price. The sum of the Total Bid, as calculated from the individual items in the Schedule of Unit Prices, must equal the Total Price listed in the Proposal.

Except as otherwise provided, bids containing substitutions or combinations of alternates will not be considered unless specifically authorized by the Proposal.

In unit price bids, the extensions, if any, and the total are for informational purposes only, and the determination of the lowest bid will be based solely on the total results of computations of the estimated quantities and the prices bid. The Bidder shall submit a completed Schedule of Unit Prices with each bid. The bid may be considered non-responsive without this form.

1.8 Signing the Proposal

The Bidder shall sign her/her name and give her/his business address in the spaces provided therefore. If the

Proposal is made as a partnership, it shall be signed by all partners; if made by a corporation, it shall be signed in the name of the corporation by one of the officers thereof and shall have affixed the seal of the corporation.

1.9 PROPOSAL SECURITY

Bid Bond - A Bid Bond in the amount of 5% of the total bid must accompany the bid. Failure to submit a bid bond in the required amount and format will result in rejection of the bid as non-responsive.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, ____________________ as Principal and

________________ of the City of ___________________ State of____________ , a corporation existing under the laws of the State of Florida, as Surety, are held and firmly bound unto the

______________________________________hereinafter called the Owner, in the sum of

__________________________________________________Dollars ($__________________ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas the Principal has submitted the accompanying Proposal or

Bid, for the construction of:

SEWER BYPASS PUMPS FOR (3) LIFT STATIONS -HMGP

NOW, THEREFORE, if the Principal shall not withdraw said Bid within ninety (90) days after the opening of the same and in the event of the acceptance of his proposal by the Owner, shall, within the period specified therefore, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, or in the event of the withdrawal of said Bid within the period specified, of the failure to enter into such contract and give bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _____ day of _________, 20__ , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

___________________________________(Seal)

IN PRESENCE OF:

_________________________________ _________________________________(Seal)

_________________________________ _________________________________(Seal)

Individual or Partner

Witness

Address

Corporate Principal

ATTEST:

President AFFIX

CORPORATE SEAL

By________________________________________

AFFIX

CORPORATE SEAL

Corporate Surety

ATTEST:

Title

1.11 WITHDRAWAL OF PROPOSALS

All Bidders specifically waive any right to withdraw a Proposal after it has been submitted to the

Owner, except as hereinafter provided. A Bidder may withdraw a Proposal provided the Bidder makes a request to do so by telephone, telegraph, or in writing to the Owner, and provided that such requests reach the office of the Owner not later than the day previous to the date set for opening thereof. Requests by telephone or telegraph must be confirmed in writing, by the Bidder in person, or by an accredited representative of the Bidder before the time set for the opening of the Proposals. No bids may be withdrawn for a period of

NINETY (90) DAYS after the date and time designated for the opening thereof.

1.12 RIGHT TO REJECT PROPOSALS

The unqualified right is reserved by the Owner to waive any informalities in, or reject any or all

Proposals as may be deemed to the best interest of the Owner. Proposals which contain any omissions, erasures, alterations, additions not called for, conditional bids, or irregularities of any kind, or Proposals otherwise regular which are not accompanied by Proposal Security, may be rejected as informal. Proposals in which the bid prices are obviously unbalanced may be rejected.

1.13 CHANGES PRIOR TO THE OPENING OF BIDS

During the period allowed for preparation of bids, the Bidders may be furnished addenda or bulletins for additions to or alterations of the Drawings or Specifications, which shall be included in the work covered by the

Proposal and become a part of the Contract Documents, The bidder submitting the request is responsible for ensuring its prompt delivery. Bidders may submit for an interpretation thereof to email:

jdillard@zevcohen.com. The Bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each prospective Bidder of Record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

1.14 LOBBYING

All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Qualification.

Firms and their agents are not to contact members of the City Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal announcement to final Commission approval, no firm or their agent shall contact any other employee of the City in reference to this Bid, with the exception of the Finance Director or the

Engineer of record if applicable. Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm.

1.15 DETAILED - SCOPE OF WORK

Unless otherwise provided in the Construction Specifications or the Proposal, it is the intent of the Contract

Documents to prescribe a complete project which the Bidder proposes to construct, by furnishing all labor, materials, equipment, tools, necessary utilities and other facilities, and performing all work necessary or incidental to such construction, in full compliance with the Drawings, Specifications, Proposal, and Contract, and any special requirements contained therein or supplements attached thereto.

Should any construction or condition be anticipated which is not covered by these Specifications, the special requirements thereof will be stated in the Proposal, and any such special requirement shall be considered a part of these specifications as though they were fully contained herein. If any special requirements stated in the

Proposal conflicts with any of the provisions of these Specifications, the former shall govern.

The project consists of:

• Procure and install (3) three emergency bypass pumps with the associated equipment and improvements to construct operating emergency pumps for three existing sanitary pumping stations within the City of

Holly Hill, Florida.

• Construct concrete slabs for the bypass pumps to be attached to and meet current applicable

Building Codes, the required Ductile Iron Pipe to plumb the bypass pumps to the existing wet well and existing force main,

• Install the required wiring connections as needed to make the bypass systems fully functional and operate independently from the existing pump station’s control systems.

• The project also will require the acquisition and installation of the specified Solar Panel and Controller for each Bypass Pump to maintain a fully charged starting battery for each of the systems.

SECTION 2 - REQUIRED FEDERAL CONTRACT PROVISIONS (FEMA HMGP)

This project is funded in whole or in part by the Federal Emergency Management Agency (FEMA) under the

Hazard Mitigation Grant Program (HMGP). As a condition of receiving these federal funds, the Contractor and all subcontractors must comply with the following applicable federal contract provisions as required by 2 CFR §

200.327 and Appendix II to 2 CFR Part 200.

These provisions shall be incorporated into the resulting construction contract and must be passed through to all subcontractors.

2.1 A. Equal Employment Opportunity (41 CFR Part 60)

Applies to federally-assisted construction contracts. Contractors must comply with Executive Order 11246, as amended, and applicable regulations.

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=11ed7b108f4f698848db076411872c73&amp%3Bterm_occur=26&amp%3Bterm_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the

Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2.2 A. Procurement of Recovered Materials (2 CFR § 200.323)

Contractors must comply with Section 6002 of the Solid Waste Disposal Act if applicable.

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

2.3 C. Remedies for Breach

A.Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A).

B. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

2.4 D. Termination Clause

A. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be affected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).

B. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

2.5 E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Contractors who apply or bid for an award of $100,000 or more shall file the

Required Certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from time to time up to the recipient who in turn will forward the certification(s) to the awarding agency.

2.6 d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

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

Certification for Contracts, Grants, Loans, and Cooperative Agreements https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

The undersigned certifies, to the best of his or her knowledge and belief, 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.

9. 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.”

10.

Form to Report Lobbying,” in accordance with its instructions.

11. 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. Code. 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.

END OF SECTION

2.8 F. Debarment and Suspension (2 CFR § 180)

1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and

2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals

(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at

2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

3. This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2

C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

4. The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

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

2.9 G. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708)

The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract

Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of

$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph

(b)(1) of this section.

3. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other

Federal contract with the same prime contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clausesset forth in paragraphs (b)(1) through (4) of this section.

2.10 H. Bonding Requirements (2 CFR § 200.325)

Required for construction contracts exceeding the simplified acquisition threshold:

• Bid Guarantee – 5% of bid amount

• Performance Bond – 100% of contract price

• Payment Bond – 100% of contract price

2.11 I. Access to Records

The Contractor agrees to provide City of Holly Hill), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

12. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

(4) In compliance with the Disaster Recovery Act of 2018, the City of Holly Hill and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

2.12 J. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT –

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

H. No Davis-Bacon Act Requirements

The Davis-Bacon Act does not apply to this project. However, all contractors must comply with applicable local and state labor laws.

SECTION 3 – BID PROPOSAL & PRICING

3.0 SUBMITTING PROPOSAL

One (1) original and (1) electronic copy on USB flash drive of the Proposal, all addenda, (if any), and all other required supporting documentation shall be submitted inside a sealed opaque envelope, addressed to the Owner.

The name of the Bidder shall appear in the upper left-hand corner of the envelope and the following notation shall appear in the lower left-hand corner.

3.1 AWARD AND EXECUTION OF CONTRACT

The Bidder to whom the award is made shall execute the Contract and return it—along with the properly executed bonds and insurance certificates—to the Owner within the time specified in the bidding documents.

If the Contractor executes his Contract as herein provided and the Contract is not executed by the

Owner within thirty (30) days after the receipt thereof from the Contractor, the Owner upon written request of the Contractor will return the Proposal Security. In such event, the award of the Contract shall be considered as annulled.

The Contract, Surety Bonds, and insurance certificates shall be executed in duplicate, or in as many copies as the…