ITB_2023-278_Repair_of_MAC_Refuse_Trailers_(Rebid)_(Addendum_#5_Revision).pdf

INVITATION TO BID

2023-278

ITB 2023-278 REPAIR OF MAC REFUSE TRAILERS (REBID)

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: December 24, 2023

DEADLINE FOR QUESTIONS: January 12, 2024

RESPONSE DEADLINE: February 6, 2024, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/stcloud https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of St. Cloud

INVITATION TO BID

ITB 2023-278 Repair of MAC Refuse Trailers (Rebid)

I. Introduction II. Advertisement For Bids

III. Instructions to Bidders IV. Scope of Work V. Minimum Qualifications

VI. Proposal Forms VII. Pricing Proposal

VIII. Contractual Documents IX. General Terms and Conditions X. Federal Requirements

Attachments:

A - Sample_Agreement

Invitation To Bid #2023-278 Title: ITB 2023-278 Repair of MAC Refuse Trailers (Rebid)

1. Introduction

1.1. Summary

The City of St Cloud is seeking to establish an agreement for repair and refurbishment of MAC aluminum refuse transfer trailers on an as-needed basis. The services shall include all labor, parts, materials, and supplies as necessary to complete repairs to each trailers' aluminum structure, hydraulic system, Keith walking floor, brakes, suspension, tarp system, lighting system, and hitch.

1.2. Contact Information

Terry Park

Contract Specialist

1300 9th Street

St. Cloud, FL 34769

Email: terry.park@stcloudfl.gov

Phone: (407) 957-7259

Department:

Public Works

Department Head:

Kevin Felblinger

Interim Public Works Director

1.3. Timeline

Release Project Date December 24, 2023

Question Submission Deadline January 12, 2024, 5:00pm

Proposal Submission Deadline February 6, 2024, 10:00am mailto:terry.park@stcloudfl.gov tel:(407)957-7259

2. Advertisement For Bids

2.1. Notice

The City of St. Cloud is seeking competitive bids for the following:

INVITATION TO BID (ITB) NO. 2023-278

ITB 2023-278 Repair of MAC Refuse Trailers (Rebid)

TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED THROUGH

https://procurement.opengov.com/portal/stcloud

BID OPENING WILL BE Tuesday, February 6, 2024 AT 10:00 am LOCAL TIME

VIA A VIRTUAL ZOOM MEETING

Bid plans and specifications are available online via the City’s e-Procurement Portal (“Portal”) at https://procurement.opengov.com/portal/stcloud Bids shall be according to the specifications, terms and conditions, and shall be on the forms provided. No Pre-Bid Conference will be held for this project.

Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s Questions and Answers tab. The deadline for submitting questions is 5:00 pm, Friday, January 12, 2024. Questions will not be accepted if received after this date and time.

BID PRICE SHEET

Bidders are expected to examine this bid form, specifications and all instructions. Failure to do so will be at the Bidder’s risk. All prices and notations should be printed or typewritten. Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated by person signing bid.

Unit price for each unit bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will be presumed to be correct.

https://procurement.opengov.com/portal/stcloud

3. Instructions to Bidders

3.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

2. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s Public Records law or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

4. Meet all requirements for retaining public records and transfers, at no cost, to the City, all public records in possession of the Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

5. If Bidder has questions regarding the application of Chapter

119, Florida Statutes, to the Contractor’s duty to provide public records relating to this contract, contractor shall contact the City’s custodian of public records at City Clerk’s

Office, 1300 9th Street, St. Cloud, Florida 34769, telephone

407-957-7300, email cityclerk@stcloudfl.gov.

3.2. ACKNOWLEDGEMENT

1. Submission of a bid/proposal shall constitute an acknowledgement by the Bidder and certifies that they have thoroughly examined and is familiar with the Invitation to Bid. The failure or neglect of the

Bidder to examine the ITB shall in no way relieve bidder of any obligations with respect to either bid or the ITB. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid (ITB). Questions and/or information requests will be answered in an addendum after the deadline, which will be available from Procurement Services and posted on the City's Portal. It is the bidder’s responsibility to verify whether any addenda have been issued and acknowledged through the Portal in order to submit a responsible and responsive offer. An incomplete document may deem the offer non-responsive, causing rejection.

2. The selected Bidder shall comply with all Federal and State requirements.

3. All proposals must be confirmed by an authorized signer of the firm, within the Proposal Forms section.

4. Alternate bids will not be considered unless they are specifically called for in this solicitation.

5. From the issue date of this solicitation packet until a selection decision is made, no unauthorized contact related to this solicitation will be allowed between a Bidder, their employees or subcontractors and any elected or appointed officials, City Manager or any City staff, with the exception of the

Procurement Services Department. Any unauthorized contact will disqualify the Bidder from further consideration.

6. Any protest shall be in accordance with the City of St. Cloud Procurement Policy.

7. The selected Bidder agrees to provide, within ten (10) calendar days from the notice of award, insurance requirements in accordance to the requirements in the terms and conditions specified in this

ITB. All policies shall be subject to approval by the City of St. Cloud, and issued by companies authorized by the State of Florida’s Department of Insurance to conduct business in the State of Florida.

8. The selected Bidder agrees that it and its subcontractors have a Drug-Free Workplace Program that complies with Florida §§ 287.087. Refer to Proposal Forms (Section 6).

9. The selected Bidder shall submit only one proposal/bid in response to this solicitation packet, and shall have no financial interest in other entities submitted proposals/bid responses for the same solicitation packet.

10. Neither the selected Bidder, nor its affiliates, nor anyone associated with them shall have any potential conflict interest due to any other clients, contracts, business relationships or property interests for this solicitation packet’s scope of work.

11. No member of the selected Bidder’s ownership, management, or staff shall have a vested interest in any of the City, nor any business or other relationship with any of the City’s employees, officers, directors, or elected officials, that creates a conflict of interest or the appearance of a conflict of interest. All Bidders/Proposers must disclose with their Bid/Proposal the name of any officer, director, or agent, who is also an employee of the City. Further, all Bidders/Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s/Proposer’s firm or any of its branches. The Award hereunder is subject to provisions of State Statutes and City Ordinance.

12. No member of the selected Bidder’s ownership or management is presently applying for an employee position or actively seeking an appointment with the City.

13. The selected Bidder, or authorized signatory, shall provide written notice to the City in the event that a conflict of interest is identified at any time.

14. The vendor shall comply with Federal requirements per 2 Code of Federal Regulations (CFR) Part

200, Uniform Guidance, and any subsequent revisions and updates.

3.3. REQUEST FOR ADDITIONAL INFORMATION

The respondent shall furnish such additional information as the City of St. Cloud may reasonably require.

This includes information which indicates financial resources as well as ability to provide the services.

The City reserves the right to make investigations of the qualifications of the respondent as it deems appropriate, including but not limited to, a background investigation.

3.4. ECONOMY OF PREPARATION

Submittals should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to fulfill the requirements.

3.5. PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Record Law) and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Invitation to Bid and the responses are in the public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids/proposals received from respondents in response to this Invitation to Bid will become the property of the City of St. Cloud and will not be returned to the respondents. In the event of award, all documentation produced as part of the contract will become the exclusive property of the City, unless otherwise specified in the contract.

3.6. STATEMENT OF NO RESPONSE

The City of St. Cloud Procurement Services Department is committed to continuously improving its processes to receive maximum participation from the industry/market. The City is requesting that firms and individuals, who do not wish to bid on this ITB, complete the No Response Form and send to purchasing@stcloudfl.gov briefly explaining their “no response” decision. This will help to improve the solicitation process and any future communications.

3.7. INFORMATION

Bidders shall prepare submittals in accordance with the requirements of these Instructions to Bidders.

Not preparing a submittal, in accordance with such instructions, implies that the Bidder does not intend to comply with all the proposed contract conditions. Such submittals will be considered irregular and may be rejected.

The City of St. Cloud will receive submittals through the OpenGov portal for goods, equipment, materials, and related services set forth in the included specifications and documents.

3.8. COMMON TERMS

The City of St. Cloud and Bidders (the parties) agree that the following phrases each shall have the meaning provided here and may be used interchangeably:

1. “Bidder(s)”, “Supplier(s)”, and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture, or other type of entity responding to this solicitation.

2. “Solicitation” shall mean, “Request for Proposal(s)”, “RFP”, “Request for Qualifications”, “RFQ”, “Request for Quote”, “QUO”, “Invitation to Bid”, “ITB”, “Solicitation Package” or, “Solicitation Packet”, to which the Bidder is responding.

3. “Bid(s)”, “Proposal(s)”, “Submittal(s)”or “Quote(s)” shall mean the documents formally submitted to the City of St. Cloud by each of the Bidders responding to this solicitation packet.

3.9. ELECTRONIC SUBMITTAL OF BID

Bidders shall submit Bids in accordance with the instructions and schedule included in the solicitation containing these specifications and documents.

A. To ensure correct Bid formatting, Bidders shall:

1. Submit Bids electronically through procurement.opengov.com.

2. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or

.pptx); Adobe Portable Document Format (.pdf).

3. Enable printing on files submitted.

4. Contact OpenGov technical support at procurement-support@opengov.com , if technical difficulties arise during bid/proposal submission.

5. Follow all instructions outlined in this ITB and provide all requested information.

Bidder shall assume full responsibility for timely electronic submission through procurement.opengov.com for receipt of bids. Bids received after the time and date for receipt of bids will not be accepted.

3.10. ALTERNATE BIDS

Alternate bids will not be considered unless they are specifically called for in this solicitation.

3.11. WITHDRAWAL

Bidders may withdraw, alter, and resubmit their Bids at any time prior to the Bid due date and time. Bids may not be withdrawn, altered, or resubmitted after the Bid due date and time. The City of St. Cloud may request clarifications and additional information after bid/proposal submission.

3.12. MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE)

The City of St. Cloud encourages the full and equitable participation of Minority and Women Business

Enterprises (M/WBE) in the procurement of services.

3.13. BID/PROPOSAL PREPARATION COSTS

The City of St. Cloud shall not compensate any bidder for preparation of responses to this invitation to bid.

mailto:procurement-support@opengov.com

3.14. SUBSTITUTIONS (IF APPLICABLE)

The City of St. Cloud is seeking bids/proposals that meet all technical and commercial requirements as outlined in this solicitation. The materials, products and equipment described in this solicitation packet establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. Should any Bidder/Proposer desire to use products other than those specified, Bidder/Proposer shall request permission to do so via email to purchasing@stcloudfl.gov at least fifteen

(15) days prior to bidding, providing all necessary data. If a Bidder/Proposer is unable to obtain written approval of a proposed substitution prior to the date, Bidder/Proposer shall base their bid on the exact item specified. The permission, if granted, will be communicated by Addendum to all bidders.

3.15. CLARIFICATIONS

If a prospective Bidder has doubt as to the true meaning of any part of the solicitation, they may submit a written request for clarification through the Portal; verbal requests will not be accepted.

Failure of the Bidder to request information or make inquiries will not relieve them of any responsibility to perform under the terms of any contract awarded for the work in accordance with subsequent clarifications.

The City of St. Cloud shall issue an addendum to all Bidders, via the Portal, following the deadline for questions.

3.16. LOCAL CONDITIONS

Each Bidder shall have thorough knowledge of conditions, factors, and scope of work, which would affect the execution and completion of the requested work. If required, site visits may be held the day of the Pre-Response Conference.

Bidders shall investigate properly and consider all such factors in the preparation of every Bid/Proposal submitted. The City of St. Cloud shall not permit claims for financial adjustment based on the lack of prior information or its effect on the cost of the work.

3.17. SOLICITATION OPENING

The City of St. Cloud shall open Bids publicly and read aloud via a virtual meeting, at the appointed date and time.

3.18. SOLICITATION SCHEDULE

The City of St. Cloud shall adhere to the stated schedule during the solicitation process, unless a change notice is issued to the Bidders via a written addendum. The City of St. Cloud reserves the right to postpone the date and time announced for the opening of Bids at any time.

3.19. BID ACCEPTANCE AND REJECTION

The City of St. Cloud reserves the right to accept or reject any and/or all Bids/Proposals, with or without cause, when in the best interest of the City. The City also reserves the right to withdraw all or part of this request at any time in order to protect the City’s interest. The City reserves the right to reject any bid/proposal found to be non-responsive, vague, non-conforming, or irresponsible. The City of St. Cloud reserves the right to make such investigation as it deems necessary to make this determination.

Additional information shall be provided by the Vendor if requested by the City. Such information may include, but shall not be limited to, current financial statements, verification of availability of equipment and personnel, and past performance goals. The City reserves the right to negotiate modifications to bids/proposals that it deems acceptable, reject any and all bids/proposals, and to waive irregularities in the procedure if, in the City’s judgment, it will best serve the City’s interests. The desire of the City of St.

Cloud to pursue bids/proposals shall in no way obligate the City to execute a contract with proposer(s).

3.20. BID EVALUATION CRITERIA

The City of St. Cloud reserves the right to consider historic information and facts, whether gained from the Bidder’s submittal, pre-bid conference, references, and/or other sources during evaluation process.

The City of St. Cloud may conduct such investigations to assist with the evaluation of any Bid. The investigation also serves to establish the Bidders’, subcontractors’, and other related entities’ responsibility, qualifications, and financial ability to fulfill the Bid requirements to the City’s satisfaction, within the prescribed time. The Bidder solely is responsible to submit information required by the ITB.

The City of St. Cloud is under no obligation to solicit such information. Failure of the Bidder to submit required information may result in disqualification of bid.

3.21. CANCELLATION

Prior to the final execution of a Contract or full Notice to Proceed, the City of St. Cloud reserves the right to rescind said award without prior notice to Bidders. In addition, the City of St. Cloud may reject all

Bids, reissue the solicitation packet, or re-award the contract.

3.22. BID BOND (NOT APPLICABLE)

Bidder may be required to submit a certified check or cashier’s check drawn on an acceptable bank, or an acceptable bid bond executed by the Bidder and a surety company authorized to do business in the

State of Florida. The value of the bid bond shall be five perfect (5%) of the bid price schedule. When submitting a Bid through the Portal, the Bidder shall provide a copy of the check and express mail the original check to the delivery location provided on the first page of the Solicitation Packet Form.

The bid bond guarantee shall be made payable without condition to the City of St. Cloud. The amount of the check or bond may be retained and forfeited to the City of St. Cloud as liquidated damages if the Bid results in a contract award and the Bidder fails to honor the accepted terms.

The City of St. Cloud shall return the selected Bidder’s bid bond when the Bidder executes the contract and files a satisfactory payment and/or performance bond, if required. The City of St. Cloud may retain the bid bond of the second highest ranked Bidder for a period not to exceed thirty (30) days, pending the execution of the contract by the selected Bidder. The City of St. Cloud shall return the bid bond of each unsuccessful Bidder upon request, after the contract is awarded or when the Bid is rejected.

3.23. PAYMENT AND PERFORMANCE BOND (NOT APPLICABLE)

The selected Bidder may be required to furnish Payment and Performance Bonds to the City of St. Cloud per Florida Statutes, Section 255.05 equal to 100 percent of the total bid amount as specified in the contract documents. Bond forms will be furnished by the City and only those forms will be used. Per

Florida Statute 255.05, upon approval and award of the project, the performance and payment bonds are required to be recorded by the awarded contractor in the public records of Osceola County, Florida.

An original or certified copy of the bonds must be returned to the City of St. Cloud Procurement Services

Department. A surety company, authorized to do business in the State of Florida and acceptable to the

City of St. Cloud, shall sign the bonds. The bonds shall be dated with the actual execution date. With these bonds, the responsible party shall file certified copies of the power of attorney of such attorney-in fact signing the bond on behalf of the surety, and such certificates shall be certified to show that such power of attorney was in effect to and including the date of the actual execution of the bonds. If bonds are required, they shall remain in full force and effect until satisfactory completion of any specified performance guarantee tests, or satisfactory completion of all other contractual requirements, which shall occur last. The City of St. Cloud shall furnish a copy of the selected Bidder’s bond to any lienor demanding that bond under the provisions of Florida Statutes.

3.24. CONTRACT AND EXECUTION

“Contract” shall mean the solicitation documents as defined and listed herein, advertisement, instructions to bidders, bid form, bid bond, contract agreement, payment and performance bonds, general and special conditions, and specifications, together with all addenda and supplemental agreements. The selected Bidder shall execute the necessary contractual forms and return the executed forms within ten (10) business days of receipt of forms for execution.

3.25. AWARD

The City of St. Cloud Procurement Services Department will present the selected firm to the City Council for approval or rejection of all or some categories of submittals.

3.26. TAXES, PERMITS, AND LICENSES

The Bidder’s attention is directed to the General Terms and Conditions and the Florida Statutes regarding taxes, permits, and licenses. It shall be the Bidder’s responsibility to determine the applicable taxes, permits, and licenses. If the Bidder has doubt as to whether or not a tax, permit, or license is applicable, they shall state in their bid/proposal whether this item has been included in their bid/proposal price and the amount of the applicable tax, permit, or license in question.

3.27. ERRORS AND OMISSIONS

Any or all bids will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future bids. Bids in which the prices obviously are unbalanced will be rejected.

Falsification of any entry made on the Contractor's bid will be deemed a material irregularity and will be grounds, at the Owner's option, for rejection.

The Owner reserves the right to reject any or all bids, to waive technicalities, and to reject the bid of a

Bidder who is not in a position to perform the contract.

3.28. AWARD OF CONTRACT

Bidders or their authorized representatives are expected to be fully informed as to their conditions, requirements and specifications before submitting bids/proposals; failure to do so will be at the Bidder’s own risk. In case of error of extension of prices in the bids/proposal, the unit price shall govern.

3.29. BID PROTEST

Any actual or prospective Bidder, Proposer, Submitter, or Contractor who is aggrieved in connection with a solicitation or award of a bid or agreement may protest in accordance with the appeal process in the City of St. Cloud's Procurement Policy.

3.30. GENERAL TERMS AND CONDITIONS

#General Terms and Conditions https://procurement.opengov.com/#General Terms and Conditions

4. Scope of Work

4.1. INTENT

It is the intention of these specifications to provide prospective bidders the scope of work and technical requirements to provide repair services to the City's refuse transfer trailers.

4.2. CONTRACT PERIOD

Contract term will begin upon an executed agreement for an initial period of three (3) years with the option of two (2) additional one (1) year renewal periods upon mutual agreement. Escalation of prices will be considered based on written justification and documentation submitted and providing that all other Terms and Conditions remain the same. Escalation of price requests and supporting documentation must be submitted for review by the City ninety(90) days prior to the expiration date of the contract. If approved, escalated prices shall go into effect upon contract renewal.

4.3. METHOD OF AWARD

Contract shall be awarded to the responsive and responsible bidder submitting the lowest hourly labor rate combined with the most preferential pricing for replacement parts, materials, and supplies. If it is determined to be in the best interest of the City of St Cloud, it shall be the option of the City of St Cloud to award contracts to multiple vendors. The purpose of a multiple vendor award shall be to insure the availability of repair services and to provide an enhanced level of logistical efficiency should multiple trailers need repairs within the same time period. Multiple vendor awards shall be ranked based on prices submitted once responsive and responsible criteria of the bidder is verified to meet City requirements. The contractor providing the lowest pricing will be awarded as the primary contractor and given first opportunity for each repair project. The contractor with the next lowest pricing will be awarded as the secondary contractor. The secondary contractor will be given a project if the primary contractor is unable to complete the repair project within the specified time period.

4.4. SCOPE OF WORK

Activities covered in the scope of this agreement include, but are not limited to, structural and non-structural repairs to aluminum trailer assemblies, repair and refurbishment of Keith walking floor systems and their components and parts, repair and refurbishment of trailer suspension, hitch, brake, lighting, tarp, and hydraulic systems. An estimated five (5) trailers per year are to be repaired.

Completed repairs shall be structurally and functionally equal to its original, as-built condition. No work shall alter, in any substantive way, the original design, function, or appearance of the component or area being repaired.

The City of St Cloud will be responsible for transporting trailers to and from contractor's location.

All parts and materials used in the repair of the City's trailers shall be equal to that of the original manufacturer. Any deviation to this requirement must be authorized in writing by the City's representative to the work being performed.

4.5. ESTIMATING

An estimate of repair costs shall be submitted before any work is authorized to proceed. Estimates shall be provided within 72 hours following receipt of trailer. Authorization shall consist of the issuance of a purchase order. No work may commence prior to contractor's receipt of a fully executed purchase order.

5. Minimum Qualifications

In order for a Bid to be considered by the City, Bidders shall demonstrate, in their proposals, compliance with the following minimum requirements:

• If the Bidder is a corporation, submit evidence that the corporation is properly registered with the State of Florida, Department of State.

• The Bidder must submit copies of all licenses.

• The Bidder must submit evidence of insurance coverage that meets an AM Best Rating of A- /VII, or better. (Please see sample of certificate of insurance and definitions included herein.)

Project Funded: Other

Estimated Project Cost: As needed

Pre-Bid Meeting: No

Time of Substantial Completion: Not applicable

Bid Bond Required: No

Liquidated Damages: No

Warranty Required: Yes

Performance Bond Required: No

6. Proposal Forms

6.1. Entity Name / DBA:*

*Response required

6.2. Authorized Representative name, title and email address:* Person authorized to sign on behalf of the entity.

*Response required

6.3. Witness name, title and email address that will attest Authorized Representative's signature on any legal documents.*

Please provide name, title and email address.

*Response required

6.4. FEIN No.:*

*Response required

6.5. Mailing Address (if different from above):*

If address is not different, enter "same" in box below.

*Response required

6.6. Company Type*

Please designate your Company Type

☐ Sole Proprietor

☐ Partnership

☐ Corporation

☐ Limited Liability Partnership

☐ Limited Liability Corporation

*Response required

6.7. Bidder is registered with the Florida Department of State, Division of Corporations to do business in the State of Florida?* https://dos.myflorida.com/sunbiz/

Attach proof of registration.

*Response required

6.8. W-9 Form*

Please upload a current W-9 Form for the entity.

*Response required https://dos.myflorida.com/sunbiz/

6.9. Upload proof of Insurance that meets the City's requirements.* Please review the City's Insurance Requirements.

• Insurance_Requirements.pdf

*Response required

6.10. EXPERIENCE OF BIDDER

6.10.1. Length of time in business*

_____/_____ (years/months)

*Response required

6.10.2. The Bidder shall provide a list of a minimum of five (5) references regarding experience in this particular project work. Include name of client including a contact name, complete address, telephone number, e-mail address, date of contract, name of project, and dollar amount of contract.*

Please download the below documents, complete, and upload.

• PREVIOUS_EXPERIENCE_LIST_(4...

*Response required

6.11. Compliance Forms and Certifications

6.11.1. Respondent's Certification*

I have carefully examined the Invitation to Bid. I hereby propose to furnish the services specified in the

Invitation to Bid. I agree that my submittal will remain firm for a period of at least 90 days. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of

St. Cloud or any other respondent is interested in said submittal; and that the confirmation of this

Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

6.11.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

I understand that a “”public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1433/34e60f26-4c1b-4406-84ce-6ff0c5af181f_Insurance_Requirements.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=AKIARC2J5PZDCCU66EXN%2F20240206%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240206T143511Z&X-Amz-Expires=72000&X-Amz-Signature=04788a698d6940255df892e3479bd2149b09d3b2ce7728d0f682e03f19a62214&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Insurance_Requirements.pdf%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1433/8165b099-5057-4496-8010-9face0bd8d09_PREVIOUS_EXPERIENCE_LIST_%284%29.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=AKIARC2J5PZDCCU66EXN%2F20240206%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240206T143511Z&X-Amz-Expires=72000&X-Amz-Signature=e6e51beecb031e81f4722bfe79a8cafe5260621ea1677d2b22213b1082d0bbfe&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22PREVIOUS_EXPERIENCE_LIST_%284%29.pdf%22&x-id=GetObject

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

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

B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement, is true in relations to the entity submitting this sworn statement.

□ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS

FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO

UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA

STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

☐ Please confirm

6.11.3. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* I, being duly first sworn state: That the named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections

225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and

Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous

Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section

553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal

Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42USC Section 3601-

☐ Please confirm

*Response required

6.11.4. Business Entity Affidavit (Vendor/Bidder Disclosure)*

OWNERSHIP DISCLOSURE AFFIDAVIT

A. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name:

Address:

Ownership %:

The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows

*Response required

6.11.5. City of St. Cloud Drug Free Workplace Compliance Form* 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: (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does): (Name of Business)

A. 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.

B. 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.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. 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 contender to, any violation of Chapter 1893 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.

E. 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.

F. 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 confirm that this form complies fully with the above requirements.

☐ Please confirm

*Response required

6.11.6. No Lobbying Affidavit*

I confirm that I am an authorized representative, maker of the attached submittal made in response to a request for bid, proposals, qualifications and/or any other solicitation released by the City of St. Cloud, and swear that the bidder and any of its agents agrees to abide by the City of St. Cloud’s no lobbying restrictions in regard to this solicitation

☐ Please confirm

6.11.7. Certification for Contracts, Grants, Loans, and Cooperative Agreements*

The undersigned certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients 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 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). 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 undersigned Contractor hereby certifies and attests to the 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. § 3801 et seq., apply to this certification and disclosure, if any.

☐ Please confirm

*Response required

6.11.8. Vendor Certification of Scrutinized Companies Lists*

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

I confirm that I am authorized to sign on behalf of the referenced company and certify acknowledgement and acceptance that the above statement is true.

☐ Please confirm

6.11.9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85,668,682), Department of Health and Human Services (45 CFR Part 76).

I, the prospective bidder certify to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements , or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses enumerated in paragraph (B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not the City will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

☐ Please confirm

*Response required

6.11.10. E-Verify Compliance Form*

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.

Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within

Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department.

The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section

448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This 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.

The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a 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 this contract is terminated for a violation of the statute by the Contractor, the

Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

☐ Please confirm

*Response required

6.11.11. Federal Requirements (If Applicable)*

Please review and confirm the acceptance of the Federal Requirements. #Federal Requirements

☐ Please confirm

*Response required

6.11.12. General Terms and Conditions*

Please review and confirm the acceptance of the…