ITB 26-09 Demolition of Commercial Warehouse.pdf

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Attached to
Thomas Branch Stormwater Improvements
Solicitation number
26-09
Issued by
Marion County, Florida

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Summary

This is an Invitation to Bid (ITB 26-09) issued by the City of Fernandina Beach, Florida for the demolition and removal of a commercial warehouse located at 115 South 2nd Street, Fernandina Beach, FL (Parcel ID: 00-00-31-1800-0271-0070). The approximately 24,000 square-foot facility, estimated to be 100 years old, contains structural steel, masonry, roofing systems, utilities, and miscellaneous appurtenances. The scope of work includes removal of the entire structure above the foundation, with all labor, materials, equipment, mobilization/demobilization, permitting, waste disposal, and cleanup included in the bid price. A mandatory pre-bid meeting is scheduled for August 7, 2026, at 10:00 AM EST at City Hall, 204 Ash Street, Fernandina Beach, FL 32034, with attendance required for bid consideration. Sealed bids must be submitted through the DemandStar e-bidding platform (www.demandstar.com) by 10:00 AM EST on August 21, 2026. The contractor must begin work no later than ten calendar days from issuance of the Notice to Proceed and complete all work within 20 calendar days of startup. The City will obtain required historic district approvals on behalf of the contractor and manage utility disconnects.

The bid includes a base scope for structural demolition and two additive options: Additive #1 for demolition and removal of concrete foundations, slabs, footings, loading docks, and stairs, and Additive #2 for careful removal of interior pine ceiling paneling and heart pine balcony columns prior to building demolition for preservation and repurposing. Bidders must submit all required certifications and exhibits including Public Entity Crimes Statement, Drug-Free Workplace Certification, E-Verify Statement, Conflict of Interest Statement, Non-Collusion Affidavit, Disputes Disclosure Form, Contractor's Countries of Concern Affidavit, and Certification Regarding Prohibition Against Use of Diversity, Equity and Inclusion Material. Bid bonds are required if the bid exceeds $100,000; performance and payment bonds are required if the bid exceeds $200,000 for services. The contractor must maintain comprehensive insurance coverage including workers' compensation, commercial general liability with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, commercial automobile liability, and umbrella excess liability. Award is subject to authorization and appropriation of fiscal year 2025-2026 budget funds and will be made to the most responsive and responsible bidder offering the best value.

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CITY OF FERNANDINA BEACH

ITB 26-09

DEMOLITION OF COMMERCIAL WAREHOUSE

INTRODUCTION

The City of Fernandina Beach, Florida is accepting competitive sealed bids for the

DEMOLITION AND REMOVAL OF A COMMERCIAL WAREHOUSE.

The City of Fernandina Beach will receive sealed submittals through www.demandstar.com.

Submittals must be uploaded to Demandstar.com E-bidding System prior to 10:00AM(EST), August 21, 2026.

A Mandatory Pre-bid meeting will be held at 10:00AM (EST), August 7, 2026, at the City of Fernandina Beach City Hall, Commission Chambers, 204 Ash Street, Fernandina Beach, FL 32034. The City recommends that each attendee arrive at least 15 minutes early to allow time for check-in. Every attendee must sign the pre-bid meeting attendance log. One the meeting commences, the sign-in sheet will be closed and the City will deny entry to the mandatory pre-bid meeting to anyone who arrives after the meeting start time. Each attendee is solely responsible for arriving on time, including allowing sufficient time for traffic, parking, and locating the meeting room. A Respondent that is not represented at the mandatory pre-bid meeting will be deemed non-responsive , and its submittal will not be considered. By submitting a response, each Respondent acknowledges and accepts the risk that late arrival to the mandatory pre-bid meeting will result in rejection of its submittal, and such rejection will not be grounds for a bid protest.

It shall be the sole responsibility of the Bidder to have its Bid submitted through the DemandStar website (www.demandstar.com) not later than the above date and time.

Facsimile, paper or telegraphic submittals will not be accepted. Delay in delivery shall be the sole responsibility of the Bidder. Submittals received after the deadline will not be considered. Award of the Bid is subject to authorization and appropriation of funds in the fiscal year 2025-2026 budget.

SUBMITTERS ARE REFERRED TO THE ATTACHED GENERAL CONDITIONS FOR

OTHER IMPORTANT INFORMATION REGARDING THE INVITATION TO BID

PROCESS, REQUIREMENTS AND EXHIBITS.

The bid shall be submitted on the specified Contact Sheet, hereto attached as “Exhibit A” and Bid Pricing Form, hereto attached as “Exhibit A-1”. The person signing the Bid Response Form shall have the authority to bind the proposer to the Bid. All information on the Bid form shall be provided, or the Bid may not be accepted.

The competitive sealed Bid shall be accompanied by a “Public Entity Crimes”, herein provided as “Exhibit B”, “Drug-Free Workplace Certification” herein provides as “Exhibit C”, “E-Verify Statement” herein provided as “Exhibit D”, “Proposer Acknowledgements and Agreements”, herein provided as “Exhibit E”, “Conflict of Interest”, herein provided as, “Exhibit F”, “Non-Collusion Affidavit”, herein provided as “Exhibit G” and “Dispute Disclosure”, herein provided as “Exhibit H”, “Contractor’s Countries of Concern Affidavit”, herein provided as “Exhibit I”, “Certification Regarding Prohibition Against use of Diversity, Equity and Inclusion Material” herein provided as “Exhibit J”.

http://www.demandstar.com/

CONTRACTOR SHALL SIGN AND INCLUDE EXHIBITS “A-J”. Failure to do so may result in rejection of the bid submittal.

A sample of the City of Fernandina Beach construction contract is included as a separate document.

In accordance with Item 16, General Terms and Conditions, please provide proof that the Contractor/Vendor is not listed in the Excluded Parties List System, a federal suspension and debarment listing.

SCOPE OF WORK

PROJECT DESCRIPTION

The City of Fernandina Beach recently acquired property that includes an abandoned warehouse structure. This building is located at 115 South 2nd Street in Fernandina Beach, FL. The parcel ID is 00-00-31-1800-0271-0070. This project is for the demolition and removal of the facility located at 115 South 2nd Street. The structure is estimated to be 100 years old. This facility is approximately 24,000 sq ft. in size and includes structural steel, masonry, roofing systems, utilities, and miscellaneous appurtenances. Due to the proximity of the Historic District, the City will obtain the necessary historic district approval on behalf of the contractor.

SCOPE OF WORK

This scope includes the removal of the structure located at 115 South 2nd St. This demolition includes the removal of the entire structure above the foundation. All tools, materials, labor, supervision, equipment, mobilization/demobilization, project set-up, safety equipment installation, permitting, waste material disposal, and clean-up shall be included in this quote.

PERMITTING

The Contractor shall obtain all required demolition permits, hauling permits, and regulatory approvals. All work shall comply with applicable federal, state, and local regulations, including OSHA, EPA, and applicable environmental requirement. The Contractor shall coordinate demolition activities with any required hazardous materials abatement. The City will manage the required disconnects for water, gas, electrical, and sewer.

SCHEDULE REQUIREMENTS AND ENVIRONMENTAL CONTROLS

The Contractor shall submit a demolition schedule identifying sequencing and anticipated completion dates. The Contractor shall implement dust suppression measures throughout demolition operations. The Contractor shall monitor and manage noise, vibration, debris migration from demolition activities. The Contractor shall maximize recycling of demolition debris to the extent practicable.

BID ADDITIVE #1 – DEMOLITION & REMOVAL OF CONCRETE FOUNDATIONS

SCOPE OF WORK

This scope includes the removal of all foundations, slabs, footings, loading docks, and stairs located at 115 South 2nd St. All tools, materials, labor, supervision, equipment, mobilization/demobilization, project set-up, safety equipment installation, permitting, waste material disposal, and clean-up shall be included in this additive quote.

BID ADDITIVE #2 – REMOVAL OF PINE CEILING PANELING & HEART PINE BALCONY

COLUMNS PRIOR TO BUILDING DEMOLITION

SCOPE OF WORK

This scope includes the careful removal of interior pine ceiling paneling and heart pine balcony columns prior to demolition of the structure. The pine paneling and heart pine columns will be preserved and repurposed. All tools, materials, labor, supervision, equipment, mobilization/demobilization, project set-up, safety equipment installation, permitting, waste material disposal, and clean-up shall be included in this additive quote.

SAFETY

The Contractor shall provide all necessary barricades and signage and take necessary precautions to protect buildings, the general public and Contractor personnel. The Contractor shall at all times guard against damage or loss of City property or the general public and shall be held responsible for replacing or repairing any loss or damage to the satisfaction of The City of Fernandina Beach.

GENERAL CONSTRUCTION GUIDELINES

1. The contractor shall be required to coordinate his work schedule with the City designee during the course of the project.

2. The Contractor is required to submit his design and installation procedures for review & approval prior to installation.

3. Contractor is solely responsible for all construction means, methods, techniques, sequences, procedures and coordinating all portions of Work under Contract.

4. Contractor is responsible for all acts and omissions of his Subcontractors.

5. City staff will not establish limits of Work between Contractor and Subcontractors, nor will he act as an arbiter in establishing such limits.

AWARD

Award recommendation shall be made to the most responsive and responsible bidder offering the best value. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process.

Successful Bidder is required to have a Business License in the city where their home office is located. If Bidder's business office is located in the City of Fernandina Beach a business tax license is required.

Bid Package

ITB Documents and Specifications are available to download from DemandStar at www.demandstar.com. Any questions regarding the ITB package can be directed to Wanda Weaks, Purchasing Specialist, wweaks@fbfl.org.

CONTACT

Specification questions during the bid period shall be submitted in writing to Purchasing Specialist, Wanda Weaks, wweaks@fbfl.org.

Bidders are hereby put on notice that no contact shall be made with any of the City Commission members, other City staff, or others that may be involved in the selection process to discuss this request or to influence the outcome of the selection.

mailto:wweaks@fbfl.org mailto:wweaks@fbfl.org

ADDENDA

A written response to bidder questions will be issued via Addendum and posted on the City’s website at www.fbfl.us/bids and DemandStar at www.demandstar.com. It is the bidder’s responsibility to check the City’s website for Addenda prior to submitting their bid. The deadline for questions is ten days before bid opening.

If there is an Addendum it becomes part of the original Bid and shall be acknowledged by attaching a copy of the Addendum, signed by an authorized representative of the person or company submitting the bid or proposal. Failure to do so may disqualify the bid or proposal.

CONTRACTOR PERSONNEL

1. CITY reserves the right to reject any CONTRACTOR employee doing business for the awarded CONTRACTOR that has not received the proper safety training or is not performing work in a safe manner. Any costs resulting in a rejection of personnel will be solely at the CONTRACTOR's expense.

2. No sub-contractor shall be employed by CONTRACTOR for the provision of these services without the prior written approval of the CITY.

PERFORMANCE STANDARDS/QUALITY REQUIREMENTS

In addition to those requirements set forth in the Scope of Work, all services (and items incidental thereto) and work provided by CONTRACTOR shall conform to the following:

PROJECT SCHEDULE

CONTRACTOR shall begin no later than ten calendar days from issuance of the Notice to Proceed; all work must be completed within 20 calendar days of startup.

TIME OF PERFORMANCE

1. CONTRACTOR may, upon approval by City designee, be provided weekends and after-hours access to the site, if necessary or desired, to complete the project, weather permitting. However, no additional sums shall be paid other than that specified in the bid response.

2. CONTRACTOR may set up equipment onto the jobsite without commencing work for a maximum of seven calendar days. Location of equipment storage will be provided by the City designee.

3. CONTRACTOR will, prior to any delay submit notification of delay in writing within five calendar days to City designee.

4. CONTRACTOR shall submit documentation explaining the cause of delay. CITY shall determine the extent of delay and extend the time for completing the work if, in CITY’s judgment, the findings justify an extension. Any delay shall not entitle CONTRACTOR to any additional compensation. The sole remedy of CONTRACTOR shall be an extension of time.

http://www.fbfl.us/bids

5. CONTRACTOR shall arrange with the City designee a sequence of procedure, means of access, space for storage of materials and equipment and use of approaches, corridors, and stairways. CITY shall not be responsible for lost or stolen materials or tools left on the job site.

SITE MAINTENANCE

1. Extreme care shall be taken to safeguard all existing facilities, paved walkways, site amenities, utilities, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of CONTRACTOR and shall be repaired and/or replaced in equal or better condition at no additional cost to the CITY.

CONTRACTOR shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements, and dressings to damaged materials, to the approval of CITY, at no additional cost to the CITY. In the event of damage to public and/or private property, CONTRACTOR shall immediately contact the CITY’s designee and inform them about the location and extent of the damages and will stay on site until his investigation of the damage is concluded.

2. CONTRACTOR shall place all debris in refuse container and keep the premises free from rubbish at the end of each working day. The CONTRACTOR shall be responsible for supplying, emptying and the removal of waste containers/dumpsters, as necessary.

3. CONTRACTOR shall arrange material storage so as not to interfere with the CITY’s operations.

4. CONTRACTOR shall at the completion of the job, remove unused material and rubbish from the site. If CONTRACTOR refuses at any time to remove the debris from the premises, or to keep the working area clean, such cleaning will be completed by the CITY and deducted from the balance due CONTRACTOR.

5. CONTRACTOR shall store all materials to be protected against weather, vandalism, and theft. Any materials found to be damaged or missing shall be replaced by CONTRACTOR at no cost to the CITY.

6. CONTRACTOR shall be responsible for clean up at the site at the conclusion of the project, including excess construction materials, and a thorough cleaning of all areas that were affected by CONTRACTOR or their subcontractors to the satisfaction of the

CITY.

SAFETY

1. CONTRACTOR shall be aware that this project is subject to public vehicle and pedestrian traffic at all times.

2. CONTRACTOR shall comply with all Federal/County/City laws/ordinances and City Fire codes during the execution of this project.

3. CONTRACTOR shall continuously maintain adequate protection of all work from damage and shall protect public and privately owned property, structures, vehicles, utilities, and work of any kind against damage or interruptions of service, which may result from the operations of the CONTRACTOR.

4. CONTRACTOR shall provide Safety Data Sheets: If any chemicals or materials or products containing toxic substances, as defined by Chapter 442, Florida Statutes, are to be used at any time during this the contract period, CONTRACTOR shall furnish Safety Data Sheets to the City designee prior to commencing this project.

5. CONTRACTOR shall perform all work under supervision of a capable supervisor using skilled employees.

6. CONTRACTOR shall have a person, which is on their payroll and with the authority to make decisions, on site at all times.

REQUIRED INSPECTIONS

Prior to the start of any work, CONTRACTOR shall examine all surfaces and report in writing to the City designee any conditions detrimental to work. Failure to observe this injunction constitutes a waiver to any subsequent claims to the contrary.

CITY’S RIGHTS TO INSPECT, REJECT, AND STOP WORK

1. Right to Inspect Work - CITY will have the right to inspect the work at all times. Such inspections will not relieve the CONTRACTOR of any of its obligations to perform the work in strict accordance with the contract documents.

2. Right to Reject Work - CITY will have the right to reject work which does not conform to the contract documents. CITY may require special inspection or testing of the work.

3. Right to Stop Work - If CITY reasonably believes that CONTRACTOR is failing to carry out the work in accordance with the contract documents; CITY may order CONTRACTOR to stop the work, or a portion of the work, until such time as the cause of such stop order has been eliminated.

4. Right to Carry Out Work - If CONTRACTOR fails to perform the work properly or fails to perform any provision of the contract documents, including unauthorized project schedule delays, CITY, after three days written notice to CONTRACTOR without correction, may correct the deficiencies through the CITY's own forces or through others and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR.

INSURANCE REQUIREMENTS

Insurance requirements are outlined in the General Conditions of this Invitation to Bid.

BOND REQUIREMENTS

Bid bonds requirements are outlined in the General Conditions of this Invitation to Bid.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION

The City is an equal opportunity/affirmative action employer. The City is committed to equal opportunity employment effort and expects firms that do business with the City to have an affirmative action program.

GENERAL CONDITIONS OF INVITATION TO BID

1. PREPARATION OF BID - INVITATION TO BID shall be prepared in accordance with the following:

a. The Contact Sheet/Bid Form attached hereto as “Exhibit A”, shall be used when submitting your INVITATION TO BID.

b. All information required by the Contact Sheet/Bid Form shall be furnished. The

Bidder shall print or type his/her name and manually sign the Form and any continuation sheet on which an entry is made.

c. Unit prices shall be shown and where there is an error in extension of price, the unit price shall govern.

d. Alternate Bids will not be considered unless authorized by the Invitation to Bid.

e. Bidders will not include federal taxes nor State of Florida sales, excise, and use taxes in prices, as the City is exempt from payment of such taxes. An exemption certificate will be signed where applicable upon request.

f. Bidders shall make all investigations necessary to thoroughly inform themselves about any and all conditions related to the performance of the contract. Plea of ignorance by the Bidder of conditions that exists or may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements provided for in the Purchasing Policy, Purchasing Ordinance and/or State and Federal Statutes.

The City’s Purchasing Ordinance is set forth in Chapter 2-420, et seq.

g. Prices quoted must be FOB City of Fernandina Beach, Florida with all transportation charges prepaid unless otherwise specified in the Invitation to Bid.

h. Deliveries are to be FOB Destination unless otherwise specified in the Invitation tobid

i. Deliveries are to be made during regular business hours.

j. Bids and Bid prices shall be valid for a minimum of ninety (90) days, unless otherwise stated on the INVITATION TO BID.

2. SUBMISSION OF BID

a. The City of Fernandina Beach has partnered with DemandStar using their E-bidding platform. All submittals will be received through the DemandStar

E-bidding platform. To register and submit through DemandStar go to www.demandstar.com/registration.

3. REJECTION OF BID

a. The City reserves the right to accept or reject any or all Bids, to waive irregularities and technicalities, and to request resubmission or to re-advertise for the services.

The City shall be the sole judge of the submittals. The City's decision shall be final.

4. WITHDRAWAL OF BID

a. Bids may not be withdrawn after the time set for the opening for a period of time as specified.

http://www.demandstar.com/registration

b. Bids may be withdrawn prior to the time set for the opening. Such request must be in writing.

5. LATE BID

a. INVITATION TO BID and modifications received after the time set for the opening will not be considered.

b. Modifications in writing received prior to the time set for the opening will be accepted.

6. LOCAL, STATE, AND FEDERAL COMPLIANCE

a. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to the INVITATION TO BID and subsequent contract(s) in accordance with the requirements as stated in CFR 200.321, including but not limited to Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and Occupational Safety and Health Administration (OSHA) as applicable to this contract.

b. A “Public Entity Crimes Statement”, in accordance with Florida Statutes, Section

287.133 (3) (a), on Public Entity Crimes, attached hereto as “Exhibit B”, must be received at the time of the bid submittal.

c. A “Drug Free Workplace Certification” attached hereto as “Exhibit C”, must be received at the time of the bid submittal.

d. An “E-Verify Statement” attached hereto as “Exhibit D” must be received at the time of the bid submittal.

e. A “Contractor’s Countries of Concern” hereto attached as “Exhibit I” must be received at the time of the of the bid submittal.

f. A “Certification Regarding Prohibition Against use of Diversity, Equity and Inclusion Material” hereto attached as “Exhibit J” must be received at the time of the bid submittal.

g. The City of Fernandina Beach requires that the Bidder selected will not discriminate under the contract against any person, in accordance with federal, state and local government regulations.

7. AWARD OF INVITATION TO BID

a. The INVITATION TO BID will be awarded to the most responsive and responsible bidder offering the best value to the City of Fernandina Beach.

b. The City reserves the right to accept and award item by item, and/or by group, or in the aggregate.

c. A written award of acceptance, (Purchase Order), mailed or otherwise furnished to the successful Bidder shall result in a binding contract without further action by either party.

d. Upon award, for construction projects, the Contractor will be required to complete/execute the City’s Contract and General Conditions for Construction Services. An example of the contract can be found on the City’s website at www.fbfl.us/bids, Bids and Purchasing web page.

e. Agreement may be cancelled with 60-day notice unless otherwise stated in signed contract documents.

http://www.fbfl.us/

8. NOT RESPONSIBLE FOR COSTS

a. The City shall not be responsible for any cost incurred by a prospective Bidder in responding to this INVITATION TO BID.

9. BONDS

• If Bid is less than $100,000 no Bid Bond or Payment and Performance Bond required.

• If Bid is greater than $100,000 and is for material only, a Bid Bond is required but no Payment and Performance Bond is required.

• If Bid is $100,000 - $200,000, and is for services, a Bid Bond is required but no Payment and Performance Bond is required.

• If Bid is greater than $200,000, and is for services, Bid Bond and Payment and Performance Bond is required.

BID BOND:

a. If the Base Bid or the Base Bid plus the sum of any alternates fall into the criteria above requiring a Bid Bond, the bidder shall enclose a Certified Check or Bid Bond with each bid. A Certified Check or Bid Bond shall be for an amount not less than five percent (5%) of the Bid price and shall be made payable to the CITY OF FERNANDINA BEACH as a guarantee that the Bidder will not withdraw its bid for a period of ninety (90) calendar days after Bid closing time. Bid Bonds or Certified Checks will be returned to unsuccessful bidders within 10 days of bid award.

Successful bidders will receive their Certified Check or Bid Bond after the contract/agreement has been signed and a Performance and Payment Bond is received.

PERFORMANCE AND PAYMENT BONDS:

a. In the event the Contract is awarded to the Bidder, Bidder will thereafter enter into a written contract with the CITY OF FERNANDINA BEACH and furnish a Payment and Performance Bond in an amount equal to the contract price. The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes. Failing to do so, Bidder shall forfeit its bid security.

Payment and Performance Bond 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.

The following exceptions to bidder providing Performance and Payment Bonds are as follows: In lieu of the Performance and Payment Bonds, a contractor may file with the City an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625, Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bonds. The value of an alternative form of security shall be in the amount of the bid.

10. PUBLIC INFORMATION

a. All information contained in this Bid is public information, and as such will be handled in accordance with chapter 119, Florida Statutes.

11. ADDITIONAL INFORMATION

a. The City reserves the right to require Bidders to provide references and information on previous similar experience prior to award of the contract.

12. QUESTIONS

a. Any questions about the INVITATION TO BID should be communicated per instructions in the INVITATION TO BID.

13. INDEMNIFICATION AND INSURANCE

INDEMNIFICATION

The CONTRACTOR agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR, its agents, officers, contractors, subcontractors, employees, or anyone else employed or utilized by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR’s liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the CONTRACTOR against the City and the CONTRACTOR hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.

Subject to the limitations set forth in this Section, the CONTRACTOR shall assume control of the defense of any claim asserted by a third party against the City and, in connection with such defense, shall appoint lead counsel, in each case at the CONTRACTOR’s expense. The City shall have the right, at its option, to participate in the defense of any third-party claim, without relieving CONTRACTOR of any of its obligations hereunder. If the CONTRACTOR assumes control of the defense of any third-party claim in accordance with this paragraph, the CONTRACTOR shall obtain the prior written consent of the City before entering into any settlement of such claim.

Notwithstanding anything to the contrary in this Section, the CONTRACTOR shall not assume or maintain control of the defense of any third-party claim, but shall pay the fees of counsel retained by the City and all expenses, including experts’ fees, if (i) an adverse determination with respect to the third-party claim would, in the good faith judgment of the City, be detrimental in any material respect to the City’s reputation; (ii) the third-party claim seeks an injunction or equitable relief against the City; or (iii) the

CONTRACTOR has failed or is failing to prosecute or defend vigorously the third-party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third-party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith.

It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. CONTRACTOR expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statutes, as amended. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the City may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes.

INSURANCE

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the CONTRACTOR/VENDOR shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the CITY certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:

The term "Contractor" as used in the insurance rider, shall mean, and include Subcontractors of every tier.

A. Worker's Compensation and Occupational Disease Insurance in accordance with the applicable law or laws; Employer's Liability Insurance with limit of at least One Million ($1,000,000) dollars. This includes sole proprietorships and officers of corporations who will be performing work on the job.

B. Commercial General Liability with a combined Bodily Injury and Property Damage limit of not less than ONE Million ($1,000,000.00) dollars per occurrence and TWO Million ($2,000,000) Dollars in the aggregate. The aggregate must be applicable on a per project basis. Coverage must include the following perils:

1. Broad Form Blanket Contractual Liability for liability assumed under this

Contract and all other Contracts relative to the project.

2. Completed Operations/Products Liability.

3. Broad Form Property Damage

4. Personal and Advertising Injury Liability

5. Independent Contractors

6. Endorsements must be furnished reflecting the inclusion of the interests of

Owner, Construction Manager, General Contractor, Contractor, (your company) , their officers, directors, partners, representatives, agents and employees, and naming each as an Additional Insured on a primary and non-contributing basis.

7. Coverage is to be endorsed to reflect that insurance is to be primary and non-contributory with respect to any other collectable insurance, for the Owner, General Contractor, Contractor, (your company) and all other parties required to be named as additional insureds.

8.Coverage is to be provided on an "occurrence" basis with carriers licensed and admitted to conduct business in the State of [your state] or otherwise acceptable to the Contractor (your company).

9. A copy of policy and/or endorsement(s) and any other documents required to verify such insurance are to be submitted with the appropriate certificate(s), or upon the request of Contractor (your company). Failure to provide these documents is not to be construed as a waiver of the requirements to provide such insurance.

C. Commercial Automobile Liability Insurance covering the use of all Owned, Non- Owned, and Hired Vehicles with combined Bodily Injury and Property Damage Limit of at least One Million ($1,000,000.00) Dollars.

D. Umbrella I Excess Liability Insurance with a limit of no less than One Million ($1,000,000) minimum per occurrence.

E. During the term of this agreement, (if applicable) the Contractor/Vendor will carry

Professional Liability Insurance which will cover liability for any damage or non-performance on account of any error, omission, or other provable negligence caused by the Contractor/Vendor. The amount of insurance shall not be less than One Million ($1, 000,000) per occurrence and aggregate.

F. Loss Deductible – If the insurance of any CONTRACTOR/VENDOR contains deductible(s), penalty(s) or self-insured retention(s), the CONTRACTOR/VENDOR Whose insurance contains such provision(s) shall be solely responsible for payment of such deductible(s), penalty(s) or self-insured retention(s).

G. Where an Off Project Site Property exposure exists, the Contractor at its sole expense shall furnish to the Owner and Contractor (your company) Certificates of Insurance and other required documentation evidencing the following coverage which shall provide for the interests of [Name of Owner] , [Name of General Contractor] and (your company) to be named as Loss Payees and shall contain a provision requiring the insurance carriers to waive their rights of subrogation against all indemnities’ named in the contract.

"All Risk" Property Insurance on all materials, equipment and supplies intended to become a permanent part of the construction stored on premises away from the project site and while in transit, until actually delivered to the project site.

Coverage is to be provided on a replacement cost basis.

H. The above insurances shall each contain the following wording verbatim: "[Name of Owner], [Name of General Contractor], and (your company) are interested in the maintenance of this insurance and it is agreed that this insurance will not be canceled materially changed or not renewed without at least a thirty (30) day advance written notice to [Name and address of Owner], [Name and address of General Contractor] and [Name and address of your company] by certified mail-return receipt requested." The City of Fernandina Beach shall be named as Additional Insured on each required policy. Inability to add the City as Additional Insured is a basis to reject the submittal or cancel the subsequent contract.

I. The amount of insurance contained in the aforementioned insurance coverages shall not be construed to be a limitation of the liability on the part of the Subcontractor or any of its Subcontractors.

J. The Contractor shall file certificates of insurance prior to the commencement of work with the Owner and the General Contractor which shall be subject to the

Owner, General Contractor and (your company) approval of adequacy of protection and the satisfactory character of the Insurer.

K. Any type of insurance or any increase of limits of liability not described above which the Subcontractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense.

L. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor or Subcontractor of any responsibility of liability under this Contract.

M. Any policies effected by the Contractor on its Owned and/or Rented Equipment and Materials shall contain a provision requiring the insurance carriers to waive their rights of subrogation against the [Name of Owner], [Name of General Contractor], [Name of Contractor (your company)] and all other indemnities named in the Contract.

N. Should the Contractor engage a Subcontractor, the same conditions will apply under this contract to each Subcontractor, however, the retained Subcontractor shall be required to maintain limits of liability of not less than One Million ($1,000,000.00) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate, with said limits applicable on a per project basis, or such greater limits as may be required by the retaining Subcontractor.

14. PAYMENT

Payment due hereunder shall be made by the City to CONTRACTOR/VENDOR in accordance with the Florida Prompt Payment Act.

15. BID PROTESTS

Bid protest conditions and procedures are in accordance with City Ordinances – Part 2, Chapter 2, Article VII, Division 2, Section 2-444.

16. FEDERAL GRANT MONEY

In the event this project is funded with federal grant monies, CONTRACTOR/VENDOR may not participate in the bid if CONTRACTOR/VENDOR is listed in the Excluded Parties List System (EPLS) a federal suspension and debarment listing www.sam.gov CONTRACTOR/VENDOR shall include copy of search results with bid or proposal.

17. LOBBYING

a. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a Board Member, the City Manager, and/or any City Personnel during the solicitation process. The lobbying black-out period commences upon the issuance of this solicitation and concluded upon the signing of the agreement. CONTRACTORS shall not http://www.sam.gov/ contact any Commission Member and/or any requesting or evaluating Department/Office personnel during said black-out period. All questions and procedural matters shall be directed to the City Manager. The City Commissioners and/or the City Manager may disqualify any solicitation response where any Commissioner, the City Manager, and/or City Personnel have been lobbied in violation of the blackout period.

EXHIBITS

EXHIBIT “A” Contact Sheet

EXHIBIT “A-1” Bid Pricing Form

EXHIBIT “B” Public Entity Crimes

EXHIBIT “C” Drug-Free Workplace Certification

EXHIBIT “D” E-Verify Statement

EXHIBIT “E” Proposer Acknowledgements and Agreements

EXHIBIT “F” Conflict of Interest

EXHIBIT “G” Non-Collusion Affidavit

EXHIBIT “H” Disputes Disclosure

EXHIBIT “I” Contractor’s Countries of Concern Affidavit

EXHIBIT “J” Certification Regarding Prohibition Against use of Diversity, Equity and Inclusion Material

EXHIBIT “A”

CONTACT SHEET

Name: _______________________________________________________________

Federal Taxpayer ID____________________________________________________

MailingAddress:_______________________________________________________

City, State, & Zip Code: ________________________________________________

Telephone: _____________________________________ Fax: _________________

Email: _______________________________________________________________

Submitted By: ________________________________________________________

Title: ________________________________________________________________

Accounting Contact:

Name: _________________________________Title:_________________________

Email Address: ________________________________ Phone: ________________

THIS FORM MUST BE INCLUDED WITH BID/PROPOSAL

EXHIBIT “A-1”

BID PRICING FORM

The undersigned, having carefully examined the Contract Documents and the site of the proposed work and being familiar with the obstacles and conditions that will be encountered during the execution of the work, hereby offers, and agrees to furnish all labor, materials, contingencies, supervision and equipment necessary to perform the work in accordance with the proposed contract documents.

SCOPE OF WORK

This scope includes the removal of the structure located at 115 South 2nd St. This demolition includes the removal of the entire structure above the foundation. All tools, materials, labor, supervision, equipment, mobilization/demobilization, project set-up, safety equipment installation, permitting, waste material disposal, and clean-up shall be included in this quote.

Demolition $________________Lump Sum

Demolition of the structure located at 115 South 2nd Street

Bid Additive No. 1

Demolition of foundations $ _______________Lump Sum

Demolition of foundations, slabs, footings, loading docks, stairs

Bid Additive No. 2

Salvage of ceiling and columns $ _______________Lump Sum

Removal of pine ceiling paneling & heart pine balcony columns

EXHIBIT “B”

SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER

OFFICER AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted with Bid, Proposal or Contract for

2. This sworn statement is submitted by (entity) ________________________ whose business address is _____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.)

3. My name is and my relationship to the entity named above is

4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (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 with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida

Statutes, means 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 records 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 nolo contendere.

6. 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 City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was

EXHIBIT “B” – (con’t)

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER

OFFICER AUTHORIZED TO ADMINISTER OATHS.

knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate.

7. 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 the state or of the United States with the legal power to enter into a binding contract for 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, partners, shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ____ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

____ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)

____ The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)

____ The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.)

SIGNATURE AND NOTARY BLOCK ON NEXT PAGE

EXHIBIT “B” – (con’t)

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER

OFFICER AUTHORIZED TO ADMINISTER OATHS.

Signature Date:

STATE OF FLORIDA

COUNTY OF ____________________

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ___________ day of _____________________, 20_________, by ________________________________________________, Notary Public Printed Name

My Commission Expires _________________________________

Personally Known ________ OR Produced Identification _____ ID Produced _______.

EXHIBIT “C”

DRUG-FREE WORKPLACE CERTIFICATION

The below-signed INDIVIDUAL/FIRM certifies that it has implemented a drug-free workplace program. In order to have a drug-free workplace prepare, 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 violation 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 services a copy of the statement specified in paragraph 1.

4. In the statement in paragraph 1., notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of nolo contendere to, any violation occurring in the workplace no later than five (5) working days after such conviction.

5. Impose a sanction on or require fine satisfactory participation in drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is 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 this statement, I Certify that this firm complies fully with the above drug-free workplace requirements.

COMPANY: _____________________________________________________________

CITY: ___________________________STATE: ________ ZIP CODE: ______________

SIGNATURE: ______________________________________PHONE: ______________

NAME (TYPED OR PRINTED): ___________________________TITLE: _____________

EXHIBIT “D”

E-VERIFY STATEMENT

Bid/Proposal Number: ____________________________________________________

Project Description: ______________________________________________________

I/FIRM acknowledges and agrees to the following:

I/FIRM shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of:

1. All persons employed by the FIRM during the term of the Contract to perform employment duties within Florida; and

2. All persons assigned by the FIRM to perform work pursuant to the contract with the

Department.

Individual/Company/Firm: __________________________________________________

Authorized Signature: ______________________________________________________

Title: ____________________________________________________________________

Date: ____________________________________________________________________

EXHIBIT “E”

PROPOSER ACKNOWLEDGEMENTS AND AGREEMENTS

The undersigned, as an employee or agent of the Proposer, having the authority to sign a binding agreement on behalf of the corporation, company, or firm presenting this submittal, confirms understanding and/or agreement and/or takes exception with any statement in the following sections of this RFP document.

1. INTRODUCTION AND GENERAL INFORMATION

Understands and agrees to all terms.

2. PROPOSAL INSTRUCTIONS, TERMS AND CONDITIONS

Understands and agrees to all terms.

3. EVALUATION AND CONTRACT OVERVIEW

Understands and agrees to all terms.

4. PROPOSER’S RESPONSE: SUBMITTAL INFORMATION

Understands and agrees to all terms.

5. PROPOSER’S RESPONSE: PROPOSED TEAM

Understands and agrees to all terms.

6. PROPOSER’S RESPONSE: PROPOSED COMPENSATION

Understands and agrees to all terms.

Name: ____________________________Title: ___________________________

Signature: _____________________________Date: _______________________

EXHIBIT “F”

CONFLICT OF INTEREST STATEMENT

This sworn statement is submitted with Bid, Proposal or Contract for __________________.

This sworn statement is submitted by (entity) ________________________ whose business address is _____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number:

My name is and my relationship to the entity named above is__________________.

1. The above-named entity is submitting a Proposal for the City of Fernandina Beach.

2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge.

3. The Affiant states that only one submittal for the above proposal is being submitted and that the above-named entity has no financial interest in other entities submitting proposals for the same project.

4. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project.

5. Neither the entity not its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.

6. Neither the entity nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project.

7. I certify that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the

City of Fernandina Beach.

8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Fernandina Beach.

9. In the event that a conflict of interest is identified in the…

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