ITB_05-25_WRF_Mixer_Replacement.pdf

/40404/5#61487606 v2

NEW SMYRNA BEACH UTILITIES

ITB # 05-25

REMOVE AND REPLACE BNR FERMENTATION & ANOXIC MIXERS

INVITATION TO BID

NEW SMYRNA BEACH UTILITIES is seeking bids from a General Contractor or a Certified Underground Utility and Excavation Contractor, licensed in the State of Florida, to Demo three (3) existing and provide and install three (3) new Aquaturbo mixers at NSBU’s WRF.

The work will be performed at the New Smyrna Beach Utilities (NSBU) Water Reclamation Facility (WRF), located at 3119 State Route 44, New Smyrna Beach, FL 32168. NSBU’s WRF is located west of I-95 and north of SR 44, behind Wal-Mart.

The Work to be performed includes, but is not limited to, demolition and installation of three

(3) new mixers and generally described as:

1. Procurement of Aquaturbo mixers

a. 2 – Aquaturbo 107-00050 MIX-GS 0550-030 Bridge Mounted Mixer 304 SS

7.5HP 31 RPM 230/460V 60Hz 3ph

b. 1 – Aquaturbo 107-00060 MIX-GS 0750-30 Bridge Mounted Mixer 304 SS

10HP 33RPM 230/460V 60Hz 3ph

2. Demo of Existing 1st and 2nd Fermentation, and 1st Anoxic Mixers at NSBU WRF

East Train

a. Electronically disconnect, demolish, and dispose of three (3) existing mixers, including all associated components and accessories.

b. Existing Concrete anchors to be cut flush with concrete and remain embedded.

3. Installation of three (3) New Aquaturbo mixers.

a. Provide all labor, equipment, materials and ancillary services for the replacement of two (2) mixers in the fermentation zone and one (1) mixer in the anoxic zone of the east train.

b. Drill & epoxy anchor new jack studs, as required. Provide lubricants and startup assistance as required.

Notice is hereby given that sealed proposals will be ACCEPTED ELECTRONICALLY VIA VENDOR LINK, until 2:30 P.M. on February 26, 2025.

https://www.myvendorlink.com/common/searchsolicitations.aspx?aid=358

They will be publicly opened at 3:00 P.M. VIA TEAMS on February 26, 2025.

Submit Bids

(Via Vendorlink) To:

Caleb Fisher, CPPB Procurement Supervisor New Smyrna Beach Utilities

(386) 424.3045 Voice

(386) 424.2748 Fax

CFISHER@NSBUFL.COM

mailto:cfisher@

TABLE OF CONTENTS

Bid Schedule General Terms & Conditions w. Insurance Requirements Certification of Drug-Free Workplace Form Non-Collusion Affidavit of Prime Bidder Form Foreign Country of Concern Attestation Authorized Signatures/Negotiators Request For Taxpayer Identification Number and Certification W-9 Form Vendor Application Questionnaire Designated Subcontractors List Required Disclosure Bid Submittal Requirements Compliance with Florida Trench Safety Act Bid Scope of Work/Services Bid Tabulation Bid Form Statement of No Bid Form Section 00410 Bid Bond Section 00500 Standard Form of Agreement Section 00645 Performance and Payment Bond Section 01000 Project Requirements Section 01027 Applications for Payments Section 01380 Construction Photographs Section 01700 Project Closeout

BID SCHEDULE

January 13, 2025 DISTRIBUTION OF THE INVITATION TO BID

January 22, 2025 10:00 AM PRE-BID MEETING (NON-MANDATORY)

LOCATION

Water Reclamation Facility (WRF)

3119 SR 44

NEW SMYRNA BEACH, FL 32168

February 4, 2025 DEADLINE FOR FINAL QUESTIONS BY 2:30 P.M.

E-MAIL: CFISHER@NSBUFL.COM

February 14, 2025 ADDENDUM PUBLISHED BY 5:00 P.M.

February 26, 2025 BID RETURN DEADLINE BY 2:30 P.M.

LOCATION:

VENDORLINK

https://www.myvendorlink.com/common/searchsolicitations.aspx?aid=358

February 26, 2025 PUBLIC BID OPENING 3:00 P.M.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzZTZmOTctNjU4ZC00NzA1LWJiNjktMjYwYmNjOTUyOWY3%40thread.v2 /0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d

LOCATION

VENDORS ARE ENCOURAGED TO ATTEND

BY DIALING 1 (872) 216-5903 PIN: 680171893#

mailto:cfisher@NSBUFL.COM https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzZTZmOTctNjU4ZC00NzA1LWJiNjktMjYwYmNjOTUyOWY3%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzZTZmOTctNjU4ZC00NzA1LWJiNjktMjYwYmNjOTUyOWY3%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzZTZmOTctNjU4ZC00NzA1LWJiNjktMjYwYmNjOTUyOWY3%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzIzZTZmOTctNjU4ZC00NzA1LWJiNjktMjYwYmNjOTUyOWY3%40thread.v2/0?context=%7b%22Tid%22%3a%2219e89539-5749-45c7-8e15-c666411ecab8%22%2c%22Oid%22%3a%22229f8087-6903-4fc5-8eb4-a2f8b3d8e3d7%22%7d

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO BIDDERS: To ensure consideration of your bid, please follow these instructions. Bids not in compliance with conditions specified herein are subject to rejection.

2. SEALED BIDS: An Electronic Proposal must be submitted through Vendor Link by the date and time specified.

3. NEW SMYRNA BEACH UTILITIES: The term COMMISSION used herein refers to

New Smyrna Beach Utilities, Florida, or its duly authorized representative.

4. BIDDER: The term BIDDER used herein refers to the dealer/manufacturer or business organization submitting a bid to the Commission in response to this solicitation.

5. BID EXAMINATION: Bidders are expected to examine, when applicable, the drawings, specifications, delivery requirements, performance sites and all instructions to satisfy themselves of conditions affecting cost of performing this contract.

6. FURNISHED ITEMS: No material, labor or facilities will be furnished by the Commission unless specifically stated.

7. COLLUSION: The Bidder hereby attests that the prices in this offer have been arrived at independently without consultation, communication, or agreement with any competitor for the purpose of restricting competition.

8. PRICE WARRANTY: The Bidder warrants that the prices of the items set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida.

9. COMMERCIAL WARRANTY: The Bidder agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the Bidder gives any customers for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Commission by any other provision of this award.

10. INSPECTION AND ACCEPTANCE: A duly authorized representative of the

Commission will accomplish inspection and acceptance of the supplies/services purchased herein at the designated delivery point.

11. QUESTIONS REGARDING BID: Commission has made every effort to provide prospective vendors with the information needed to appropriately respond to this bid.

Commission realizes that some clarification, interpretation, or additional information may be required.

Questions regarding any portion of this bid shall be directed, in writing, to:

New Smyrna Beach Utilities Caleb Fisher, Procurement Supervisor

CFISHER@NSBUFL.COM

or

VENDORLINK

https://www.myvendorlink.com/external/bids?a=358

All such requests must be received no later than 2:30 PM, Eastern Standard Time, February 4, 2025, Responses to all requests for more information will be included in any addenda and will be made available to all Bidders on February 14, 2025

Requests for additional information received after the February 4, 2025, deadline will not receive a response. Responses will not be made orally.

Any additional information pertaining to this Bid or to the services being sought hereunder obtained in a manner other than as described in the preceding paragraph should be regarded as unofficial. Commission will not be bound in any way by information so obtained, or by a Bidder’s reliance thereon.

12. COMMUNICATIONS: Any communication between any potential vendor, service provider, bidder, lobbyist or consultant and any Commission Member, staff member, or consultant of the Commission regarding this procurement is strictly prohibited from the date on which the solicitation advertisement appears on the Commission website, Vendor Link or newspaper through the date of contract award. Also, from the date of the filing of any notice of protest of award through resolution for the parties involved in the protest or contract award, whichever is longer. The only exceptions to this are communications with the Commission Material Manager or the Commission designated point of contact. Any violation shall constitute grounds for immediate and permanent disqualification of the offending firm and possible debarment or suspension. At the Commission General Manager/CEO and Director of Finance (CFO)’s sole discretion, it may also serve as grounds for the voiding of any Contract with the violator and/or to temporarily or permanently debarring the violator from future work with the Commission. This process will safeguard the integrity of the Commission procurement and protest process and also provide an ethical, equitable, and transparent procurement process.

13. NON-DISCLOSURE: Commission understands the vendors concerns regarding confidential and/or proprietary information for both participating parties. In response Commission is incorporating the following verbiage into ITB # 05-25 – BNR FERMENTATION & ANOXIC MIXERS. Upon receipt by Commission, responses to solicitations become public records subject to the provisions of Florida’s state policy on public records, Section 119, Florida Statutes. If you believe that any portion of your response is exempt, you should clearly identify the specific documents for which confidentiality is claimed and provide specific legal authority of the asserted exemption.

14. INVOICES: All invoices resulting from the award of this bid will be paid within 30 days of receipt of invoice or receipt of goods or acceptance of work performed.

https://www.myvendorlink.com/external/bids?a=358

15. E-VERIFY: By [registering as a vendor, submitting a response to this solicitation, entering into a Contract], you are obligated to comply with the provisions of Section 448.095, Florida Statutes, “Employment Eligibility.” Further, by your [registration as a vendor/response to this solicitation/entering into a contract] you affirm and represent that you are registered with the E-Verify system are using same, and will continue to use same as required by Section 448.095, Florida Statutes. Compliance with Section 448.095, Florida Statutes, includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination [as a vendor, disqualifying you for award of this solicitation, entering into a contract and/or, cancellation of an active contract], or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by the Bidder, the Bidder may not be allowed to do business with Commission or be awarded a solicitation or contract for a period of 1 year after the date of termination.

All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Bidder.

16. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the Commission will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the Commission’s governing body may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

17. COMPLIANCE WITH FOREIGN ENTITY LAWS

The Bidder hereby attests under penalty of perjury the following:

B. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes.

C. The government of a foreign country of concern does not have a controlling interest in Entity.

D. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes.

E. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity.

F. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes.

G. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes.

H. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.

18. BID FORM: A Bid Form is provided and a completed original and one duplicate copy shall be returned in a sealed envelope properly marked with Bid number and acknowledgment of receipt of addenda where applicable. It is incumbent upon each bidder to ensure that they have received all addenda before submitting their bid.

19. BID OPENING: Bids will be publicly opened, read aloud and recorded, on the date and time indicated, at the location specified in the request for bid. It is the Bidder’s sole responsibility to assure his/her bid is delivered at the proper time and place of the bid. The Commission will not be responsible for late deliveries or delayed mail. Bids delivered after the time specified shall not be considered; such bids shall remain unopened.

20. QUOTING PRICES: Carelessness in quoting prices or in preparation of bid otherwise will not relieve the Bidder. Bidders are expected to examine specifications, delivery schedule, extensions, and all terms and conditions in the bid documents. Bids having erasures or corrections must be initialed in ink by the Bidder. In the event of an extension error(s), the unit price will prevail.

21. AMENDED OR WITHDRAWN BIDS: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments will only be accepted in the form of a new bid package. The Bidder must pick up the original bid package and submit an amended sealed bid prior to the bids closing date and time. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered.

22. PUBLIC ENTITY CRIMES: Under Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

23. CONSIDERATION OF BIDS: Commission reserves the right to award the contract to the Bidder(s) that Commission deems to offer the best overall bid. Commission is therefore not bound to accept a bid on the basis of lowest price. In addition, Commission at its sole discretion, reserves the right to cancel this Bid, to reject any and all bids, to waive any and all informalities and/or irregularities, to re-advertise with either the identical or revised specifications, or not award a contract at all if it is deemed to be in the best interest of Commission to do so. Commission also reserves the right to make multiple or split awards if it is deemed to be in Commission best interest. Commission shall not be responsible for any cost or expense incurred by the Bidder in preparing or submitting a bid or any cost prior to the execution of a contract agreement.

24. TIE BID: In the event of a tie bid where quality and service are equal; a preference is given to vendors submitting, with the proposal, a certification of a drug free workplace in accordance with Section 287.087, Florida Statutes. Where tie bids are between bidders, one of which is located in Volusia County and the other bidder is not, the recommended award shall be to the local bidder. Past Performance-Consideration will be given to a vendor based on previous history and performance on similar Commission projects or requirements.

Delivery availability or completion period. Capacity to perform in terms of service availability, facilities, personnel or financial availability. Closeness to delivery point. If all conditions are equal, a flip of a coin, with two witnesses present, shall be the deciding factor.

25. SUBMITTING BIDS: Bids shall be submitted through vendor link.

26. NO BID: In the event an Invitation to Bid is returned as a no bid, “NO BID” shall be properly marked on the outside of the envelope with the bid number.

27. REJECTED BIDS: Commission reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

28. FAILURE OF THE BIDDER TO DELIVER: Failure of the Bidder to deliver within the time specified, or within a reasonable time as interpreted by Commission or failure to make replacements of rejected articles as directed, shall permit Commission to purchase on the open market articles of comparable grade to take the place of those rejected or not delivered.

On all such purchases, the Bidder shall reimburse Commission, within a reasonable time specified by the Purchasing Authority, for any expenses incurred in excess of the defaulted price. Payments due the Bidder by Commission may be withheld until reimbursement is received.

29. BRAND OR TRADE NAMES: When brand or trade names are used in the bid invitation, it is for the purpose of item identification and to establish standards for quality; style and features. Bids on equivalent items will be considered unless items are noted as no substitutes.

Equivalent bids must be accompanied by descriptive literature and/or specifications to receive consideration. Demonstrations and/or samples may be required and shall be at no charge to Commission. Commission reserves the right to determine if bid goods are equivalent to specified goods.

30. AWARDS: Awards shall be made as required for the best interest of the Commission. The right is reserved to make award(s) by individual items, group of items, all or none, or any combination thereof, with one or more suppliers.

31. INDEPENDENT CONTRACTORS: Bidder is an independent contractor, and all persons employed by Bidder in connection herewith shall be its employees and not employees of Commission in any respect.

32. INSURANCE: Except as otherwise specified in this contract, the Bidder and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverage with limits set forth below with insurers and under forms of policies satisfactory to Commission. It shall be the responsibility of the Bidder and its subcontractors to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Bidder and its subcontractors to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation.

COVERAGE MINIMUM AMOUNTS AND LIMITS

Worker’s Compensation Statutory requirements at location of work Employers Liability $500,000 Each Occurrence $500,000 Disease Aggregate $500,000 Disease Each Employee

General Liability $2,000,000 General Aggregate $1,000,000 Products-Comp Ops Agg $1,000,000 Personal & Adv Injury $1,000,000 Each Occurrence $50,000 Damage to Rented Premises $5,000 Medical Expense

Automobile Liability $1,000,000 Combined Single Limit

Professional Liability $1,000,000 If Applicable

The Bidder and its subcontractors shall furnish to the Commission such Certificates of Insurance or endorsements required by the provisions set forth herein, which Certificates of Insurance shall name the Commission as Additional Insured. All Certificates of Insurance must be provided by an acceptable insurance carrier to the Commission and that the carrier should have no less rating than A - X by A.M. Best and Company. Commission reserves the right to accept or decline carrier coverage.

33. WARRANTY AND ACCEPTANCE: All material shall be new, and workmanship shall be first class in every respect. The work shall be subject to inspection and acceptance by Commission. Bidder guarantees its work hereunder for a period of twelve (12) months after completion and acceptance of the work unless otherwise set forth herein. In the event Commission discovers defects in material or workmanship at any time before the expiration of the specified warranty period, Bidder shall, upon written notice from Commission, repair or replace at its sole expense any such defects. Commission may perform such repairs or replacements by other reasonable means and Bidder agrees to pay for such corrective measures. Neither acceptance of the work by Commission nor payment shall relieve Bidder from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein.

34. LAWS, REGULATIONS, PERMITS AND TAXES: Bidder must comply with Commission jobsite procedures and regulations and with all applicable local, state and federal laws, rules and regulations and must obtain all permits required for any of the work performed hereunder. Bidder must procure and pay for all permits and inspections required for any of the work performed hereunder and must furnish any bonds, security or deposits required to permit performance of the work. Bidder must, to the extent permissible under applicable law, comply with the jobsite provisions which validly and lawfully apply to work on the specific jobsite being performed under this Contract.

35. WORK RULES, SECURITY: For work performed on Commission premises, Bidder shall strictly observe Commission work rules and security requirements. All work shall be carried out during normal Commission working hours unless specifically agreed to in writing by Commission. Bidder shall, at Commission request remove from site any employee whom Commission deems to be incompetent, dishonest or uncooperative.

36. CHANGES: Commission may, at any time, direct in writing additions, deletions or changes to all or any part of the work. If any such changes cause an increase or decrease in the cost of or in the time required to perform such work, Bidder shall submit detail information substantiating such claims and an equitable adjustment shall be made to the price or time of performance.

37. RELEASE AGAINST LIENS OR CLAIMS: Bidder shall promptly pay all claims of persons or firms furnishing labor, equipment or materials used in performing the work hereunder. Commission may require Bidder to submit satisfactory evidence of payment and releases of all such claims. If there is any evidence of any such unpaid claim, the Commission may withhold any payment until Bidder has furnished such evidence of payment and release.

38. ASSIGNMENT: Any assignment by Bidder of this Contract or of any rights hereunder or hypothecation thereof in any manner, in whole or in part, by operation of law or otherwise, without the prior written consent of the Commission shall be voided.

39. SAFETY AND FIRE PREVENTION: Bidder shall at all times conduct all operations under the Contract in a manner to avoid risks of bodily harm to persons, damage to any property and fire. Bidder shall be responsible to take all precautions necessary and continuously inspect all work, materials and equipment to discover, determine and correct any such conditions which may result in any of the aforementioned risks.

40. SUSPENSION OF WORK AND TERMINATION:

Commission May Suspend Work - Commission may at any time and without cause suspend the Work or any portion thereof by notice in writing to the Bidder. The Project Manager shall fix the date on which Work shall be resumed and the Bidder will resume the Work on the date so fixed. The Bidder will be allowed an extension of the Contract Time, if directly attributable to any suspension. However, no change to the contract price will be allowed on claims for suspended work or delays, whatever the Cause or reason.

Commission May Terminate for Cause - If the Bidder is adjudged bankrupt or insolvent; if he makes a general assignment for the benefit of his creditors without Commission approval;

if a trustee or receiver is appointed for the Bidder or for any of his property; if he files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if he fails to prosecute and complete the Work in accordance with the established Project Schedule or within the Contract Time allowed; if he repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; if he repeatedly fails to make prompt payment to subcontractors for labor, materials or equipment; if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; if he disregards the authority of the Project Manager; or if he otherwise substantially violates any provisions of the Contract Documents, then the Commission may, without prejudice to any other right or remedy and after giving the Bidder and his Surety seven (7) days written notice, terminate the services of the Bidder and take possession of the Work and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Bidder and assign the completion of the Work to the Surety, or finish the Work by whatever method it may deem expedient. In such case, the Bidder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the direct and indirect cost of completing the Work, including compensation for additional professional services, such excess shall be paid to the Bidder. If such cost exceeds such unpaid balance, the Bidder will pay the difference to the Commission. Such cost incurred by the Commission will be determined by the Commission and incorporated in a Change Order.

Where the Bidder’s services have been so terminated by the Commission, said termination shall not affect any rights of the Commission against the Bidder then existing or which may thereafter accrue. Any retention or payment of moneys by the Commission due the Bidder will not release the Bidder from liability.

Upon Termination for Cause, the Bidder shall not be entitled to payment for any anticipated supplemental costs, administrative expenses and/or profit for uncompleted Work. If after notice of termination of the services of the Bidder for cause, it is determined that the Bidder was not in default, the termination shall be deemed to have been for the convenience of the Commission. In such event the Bidder may recover from the Commission payment for Work completed and reasonable termination costs as provided in the following paragraph.

Termination for Convenience: Upon seven (7) days written notice to the Bidder and the Surety, or sooner if reasonable under the circumstances, the Commission may, without cause and without prejudice to any other right or remedy, elect to terminate any part of the Work, or the Contract in whole or in part, as the Commission may deem appropriate. In any termination for convenience, the Bidder shall be paid for work completed, and costs incurred, materials delivered or ordered by the Bidder and subcontractors at the time of termination provided, however, that the payment to the Bidder will exclude any and all anticipated supplemental costs, administrative expenses and profit for uncompleted Work. Upon termination for convenience, the Commission shall have full power and authority to take possession of the Work, assume any sub-agreements with Subcontractors and suppliers which the Commission selects, and prosecute the Work to completion by contract or as the Commission may deem expedient.

Removal of Bidder Employee: The Commission retains the right to require immediate removal of any Bidder employee, including the foreman or superintendent if in the Commission’s sole determination, it is in the interest of the Commission or the project. Such removal should be immediate and not subject to approval or discussion.

41. MAINTENANCE OF RECORDS: The Bidder will keep adequate records and supporting documents applicable to this contract. Said records and documentation will be retained by the Bidder for a minimum of five (5) years from the date of final payment on this Contract. The Commission and its authorized agents shall have the right to audit, inspect and copy records and documentation as often as the Commission deems necessary during the period of this contract and a period of five (5) years after completion of contract performance; provided however, such activity shall be conducted only during normal business hours. The Commission, during the period of time defined by the preceding sentence, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Bidder as concerns the aforesaid records and documentation.

42. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE

CONTRACTING ENTITY/LOCAL JURISDICTION, MEMBERS OF THE LOCAL

GOVERNING BODY, OR OTHER ELECTED OFFICIALS: No member or employee of the contracting entity/local jurisdiction or its designees or agents; no member of the governing body; and no other public official of the Commission who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Bidder shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest.

43. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any Commission employee to participate directly or indirectly in a procurement contract when the Commission employee knows that:

(1) The Commission employee or any member of the Commission employee’s immediate family has a financial interest in the procurement contract; or

(2) Any other person, business, or organization with whom the Commission employee or any member of a Commission employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract.

A Commission employee or any member of a Commission employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.

44. GRATUITIES AND KICKBACKS:

(1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any

Commission employee or former Commission employee, or for any Commission employee or former Commission employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity Commission in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

(2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

(3) Contract Clause. The prohibition against gratuities and kickbacks prescribed in this

Section shall be conspicuously set forth in every contract and solicitation therefore.

45. USE OF PREMISES: The Bidder will confine his equipment, the storage of materials and equipment, and the operations of his workers to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment.

The Bidder shall confine the operation of workmen and equipment, and the storage of materials and equipment to the Commission property or to other non-Commission property or in public right-of-way areas indicated on the Contract Drawings as including work to be done pursuant to the Contract documents. In the event the Bidder desires to have access to the project site or perform work or operations pertaining to the contract on, over or from non- Commission property adjacent to the project site, the Bidder shall obtain written authorization to do so from the respective adjacent property owner(s) prior to using such property. Such written authorization shall include a provision whereby the property owner agrees to hold the Commission harmless, and to defend the Commission, in the event of any liability, loss, injury, or claim incurred as a result of the Bidder’s work or operations involving the use of the adjacent non-Commission property. The Commission shall be provided with a notarized, certified copy of such written authorization(s) before the Bidder commences work or operations or use of such property in connection with work or operations pursuant to this contract.

46. EMERGENCIES: In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Bidder, without special instruction or authorization from the Project Manager, is obligated to act at his discretion to prevent threatened damage, injury or loss. He will give the Engineer and or Project Manager prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved.

If the Bidder believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Amount or an extension of the Contract Time, he may make a claim.

47. CHANGES IN THE WORK: Without invalidating the Agreement, the Commission may, at any time or from time to time, order additions, deletions or revisions in the Work authorized by written Change Orders or directive. Upon receipt of a Change Order, the Bidder will proceed with the work involved. All such work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Amount or any extension or shortening of the Contract Time, an equitable adjustment will be made.

Additional Work performed by the Bidder without authorization of a Change Order will not entitle him to an increase in the Contract Amount or any extension of the Contract Time, except in the case of an emergency.

It is the Bidder’s responsibility to notify his Surety of any changes affecting the general scope of the Work or change of the Contract Amount and the amount of the applicable bonds shall be adjusted accordingly, and an amended bond document furnished to the Commission.

In the event the Commission directs the Bidder to make a change in the Work, and if the Commission and the Bidder do not arrive at a mutually acceptable increase of decrease in the Contract Amount, the Bidder shall not use any such lack of mutual acceptance as a basis or cause to stop or otherwise delay the progress or the execution and completion of any of the work ordered, directed or required pursuant to the Contract Documents.

48. PERFORMANCE AND PAYMENT BONDS: In the event the Contract is awarded to the Bidder, he will thereafter enter into a written contract with the Owner and furnish a Payment and Performance Bond in an amount equal to the contract price, in strict accordance with Section 255.05, Florida Statutes. Payment and Performance Bonds shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida.

49. BID BOND: Bids shall be accompanied by a security deposit as follows: Bid Bond in the amount of a sum no less than 10 percent of the Bid Price/Sum. Endorse the Bid Bond in the name of the Commission as the obligee, signed and sealed by the principal (Bidder) and surety.

50. HURRICANE OR TROPICAL STORM SUSPENSIONS: During official hurricane season (June 1 to Nov. 30) this provision will be effective. If a hurricane or tropical storm watch or warning is issued for any part of the Commission service area contractors will be required to take the following actions at no added cost to Commission.

1. Cease all work except to secure the completed work and protect any stored materials from storm damage, or from being caught into motion by storm forces that may damage other property.

2. Fill any excavations and secure from erosion and traffic.

3. Collect and remove or secure any loose material or packing from work or storage areas.

4. Remove all materials or equipment from any street or roadway.

5. Remove equipment from the barrier islands.

6. Evacuate all personnel from work areas upon issue of order by emergency services agency.

Bidders may return to work upon lifting watches and warnings and restoration of public access. Allowance will be made to contract time for storm warning/watch & preparation plus reasonable time (not more than 5 days unless special circumstances warrant) after access is restored if it has been interrupted by official order. No adjustments will be made to the contract prices.

51. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY:

The provisions of Section 768.28, Florida Statutes, applicable to Commission apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the Commission acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

No officer, employee, or agent of the Commission acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event or failure to act.

The Commission shall not be liable in tort for the acts or omissions of an officer, employee or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harmless the Commission, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney’s fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the Commission.

Provided, however, if the contract between the Commission and the Bidder is deemed by a court of competent jurisdiction to be a construction contract for purposes of Section 725.06, Florida Statutes, any obligation of the Bidder to defend, indemnify or hold harmless the

Commission, shall be limited to an obligation to indemnify or hold harmless the Commission, its officers and employees from liability damages, losses, and costs, including but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Bidder and persons employed or utilized by the Bidder in the performance of the contract.

52. LIQUIDATED DAMAGES: If awarded this construction contract, the Bidder agrees to complete the work covered by this contract as follows:

1. Substantially Complete in 120 consecutive calendar days.

2. Final Completion in 30 consecutive calendar days from substantial completion.

For the purposes of this project, Substantial Completion shall be defined as NSBU having beneficial use of a fully functioning fermentation and anoxic mixers.

Final Completion requires completion of all punch list items and submission of all closeout paperwork.

See Bid Submittal Requirement, Tab #7, Project Schedule (EXHIBIT B).

Should the Bidder fail to substantially complete work under this Contract on or before the date stipulated for Substantial Completion (or such later date as may result from extensions of time granted by Commission), he shall pay Commission, as liquidated damages, the sum of FIVE HUNDRED DOLLARS ($500.00) for each consecutive calendar day that terms of the Contract remain unfulfilled beyond date allowed by the contract, which sum is agreed upon as a reasonable and proper measure of damages which Commission will sustain per diem by failure of Bidder to complete work within time as stipulated; it being recognized by Commission and Bidder to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Bidder.

For each consecutive calendar day that the work remains incomplete after the date established for Final Completion, the Commission will retain from the compensation otherwise to be paid to the Bidder the sum of TWO HUNDRED FIFTY DOLLARS ($250.00). This amount is the minimum measure of damages the Commission will sustain by Failure of the Bidder to complete all remedial work, correct deficient work, clean up the project and other miscellaneous tasks as required to complete all work specified. This amount is in addition to the liquidated damages prescribed above for Substantial Completion.

CERTIFICATION OF DRUG-FREE WORKPLACE FORM

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

BIDDER SIGNATURE

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER FORM

State of______________

County of____________

_____________________________, being first duly sworn, deposes and says that:

He/she is ______________of__________________, Bidder that has submitted the attached Bid;

He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

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, connived or agreed, 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 any collusion, conspiracy, connivance or unlawful agreement any advantage against the Commission.

The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title

Subscribed and sworn to before me this _____day of________, 20___.

Title

My Commission Expires: ___________

FOREIGN COUNTRY OF CONCERN ATTESTATION

This form must be completed by an officer or representative of the entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with Commission (the Governmental Entity), which would grant the entity access to an individual’s Personal Identifying Information. Capitalized Terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

Bidder is not owned by the government of a Foreign County of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in Bidder.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Date: ____________________, 20___ Signed: _________________________

Entity: _______________________ Name:___________________________

Title: ___________________________

AUTHORIZED SIGNATURES/NEGOTIATORS

The Bidder or proposer represents that the following persons are authorized to sign and/or negotiate contracts and related documents to which the Bidder or proposer will be duly bound:

Name Title Phone #

(Signature)

(Title)

(Name of Business)

The Bidder/offeror shall complete and submit the following information with the bid or proposal:

Type of Organization

_____ Sole Proprietorship _____ Partnership

_____ Joint Venture _____ Corporation

State of Incorporation: _____________________________________________

Federal I.D. number is: _____________________________

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri nt o r ty p e.

S ee S p ec if ic

In st ru ct io n s on p ag e 3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you…