ITB 26-12 Lawn Maintenance as Specified for City Facilities.pdf
PDF 425 KB Posted
- Solicitation number
- 26-12
- Issued by
- Volusia County, Florida
About this file
This is an Invitation to Bid (ITB #26-12) issued by the City of Fernandina Beach, Florida for lawn maintenance services at multiple city facilities. The City seeks qualified landscaping companies to provide comprehensive maintenance labor, materials, equipment, tools, and supervision for Bosque Bello Cemetery and four additional municipal locations: the Police Station, two Fire Stations, and the Utility Billing facility. Cemetery services will be performed twice monthly (24 annual visits) from October 1st through September 30th, while services at the Police Station, Fire Stations, and Utility Billing will occur weekly during the growing season (May–September) and twice monthly during the off-season (October–April). Sealed bids must be submitted through the DemandStar.com e-bidding platform by 2:00 p.m. EST on August 27, 2026, with bids opened immediately thereafter. The contract term is one year with two optional one-year renewals contingent upon mutual consent of the parties. Award will be made to the most responsive and responsible bidder offering the best value to the City.
Bidders must submit pricing on a line-item basis for each facility and service frequency period using the provided Bid Pricing Form (Exhibit A-1). All bids must be accompanied by required certifications and affidavits including Public Entity Crimes Statement, Drug-Free Workplace Certification, E-Verify Statement, Conflict of Interest Statement, Non-Collusion Affidavit, Dispute Disclosure Form, Contractor's Countries of Concern Affidavit, and Certification Regarding Prohibition Against Use of Diversity, Equity and Inclusion Material. Bidders are not required to include federal taxes or Florida state sales and use taxes in their pricing, as the City is tax-exempt. Bid bonds are required if the total bid exceeds $100,000; if the bid is between $100,000 and $200,000 for services, only a Bid Bond is required, but if it exceeds $200,000, both a Bid Bond and Payment and Performance Bond are required. The City reserves the right to reject any or all bids and to waive minor irregularities. Contractors must maintain comprehensive insurance coverage including Worker's Compensation, Commercial General Liability ($1,000,000 per occurrence/$2,000,000 aggregate), Commercial Automobile Liability ($1,000,000), and Umbrella/Excess Liability ($1,000,000). The contract may be cancelled by either party with 60 days' notice. Successful bidders must obtain a business license in their jurisdiction and comply with all local, state, and federal laws, including federal debarment/suspension verification through the Excluded Parties List System.
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CITY OF FERNANDINA BEACH, FLORIDA
INVITATION TO BID #26-12
LAWN MAINTENANCE AS SPECIFIED FOR CITY FACILITIES
INTRODUCTION
The City of Fernandina Beach, Florida (City) is accepting competitive sealed bids for
LAWN MAINTENANCE AS SPECIFIED FOR CITY FACILITIES.
The City of Fernandina Beach will receive sealed bids through the DemandStar.com E-bidding platform (www.demandstar.com) prior to 2:00PM(EST), August 27, 2026, for timely receipt of submittal. The submittals will be opened by the City of Fernandina Beach promptly at 2:00PM, August 27, 2026.
It shall be the sole responsibility of the Bidder to have its Bid submitted through the DemandStar website (www.demandstar.com) prior to the 2:00PM(EST) deadline for timely receipt of submittal. 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 budget.
BIDDERS ARE REFERRED TO THE ATTACHED GENERAL CONDITIONS FOR
OTHER IMPORTANT INFORMATION REGARDING THE BID PROCESS,
REQUIREMENTS AND EXHIBITS.
The bid shall be submitted on the specified Contact Sheet/Bid Form (1 original, 3 copies), hereto attached as “Exhibit A”. 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”.
CONTRACTOR SHALL SIGN AND INCLUDE EXHIBITS “A-J”. Failure to do so may result in rejection of the bid submittal.
A sample copy of the City of Fernandina Beach contract is included as a separate document.
http://www.demandstar.com/
In accordance with Item 16, General Terms and Conditions, please provide proof the Contractor/Vendor is not listed in the Excluded Parties List System, a federal suspension and debarment listing.
SCOPE OF WORK - CEMETERY
The City of Fernandina Beach is seeking qualified landscaping companies to provide labor, material, services, skills, supervision, and necessary tools and equipment to maintain the cemetery grounds at Bosque Bello Cemetery.
1) The frequency of services shall be October 1st through September 30th. Services will be performed twice per month for a total of twenty-four (24) scheduled service visits annually.
2) The City may, at its discretion, require the grounds to be maintained on a particular week each month or to be postponed to a day/week due to scheduled funeral services.
3) Cemetery landscaping services are to include, but not limited to the following:
a. Liter pickup, mowing, trimming, weed eating, edging, cleanup of accumulated debris, and weed control around occupied spaces and fence lines
b. All dead flower arrangements and those blown away from the grave sites shall be disposed of in garbage containers provided by the City on site.
c. Fence lines shall be kept free of weeds and/or vines (fences owned by City)
d. All monuments, coping and granite/concrete slabs shall be edged or trimmed with a weed eater to keep free of grass/weeds.
e. All monuments shall be kept free and clear of grass clippings, leaves, and accumulated debris.
f. The inside areas of coping that are filled with rocks shall be kept free of weed/grass.
g. Shrubs and hedges to be trimmed as needed to maintain a neat and uniform appearance and to prevent obstruction of markers, roads, or walkways.
h. All leaves shall be picked up and removed to the City’s dump pile on site.
i. (Particularly in spring and fall)
ii. The City will provide an on-site location for disposal of vegetative debris. Contractor shall transport and dispose of all collected debris at the designated City location.
i. All vines that are growing into trees will be cut off at the bottom, so the vines don’t grow into the trees.
j. Twice a year, all pavement sides will be cleared from overgrown grass/weeds to maintain the full width of the roads within the Cemetery.
k. Contractor will remove low-hanging limbs and small branches that can be safely removed from the ground using standard landscaping equipment.
Any major tree trimming or hazardous tree work shall be reported to the City for separate handling.
i. The City will provide an on-site location for disposal of vegetative debris. Contractor shall transport and dispose of all collected debris at the designated City location.
l. Any tree limbs that have fallen will be removed.
i. The City will provide an on-site location for disposal of vegetative debris. Contractor shall transport and dispose of all collected debris at the designated City location
m. The height of the grass will be kept at 2.5 to three inches after being cut.
n. The roof of the cemetery shed will be blown off as needed.
4) The cemetery grounds shall be maintained in a neat, clean, professional, and safe condition at all times.
SCOPE OF WORK – POLICE STATION, FIRE STATIONS (2), AND UTILITY BILLING
The City of Fernandina Beach is seeking qualified landscaping companies to provide labor, material, services, skills, supervision, and necessary tools and equipment to maintain the grounds at the Police Station, Fire Stations (2) and Utility Billing.
1) The frequency of services shall be October 1st through September 30th. Services will be performed once per week during the growing season (May through September) and twice per month during the off season (October through April).
2) The City may, at its discretion, require the grounds to be maintained on a particular week each month or to be postponed to a day/week due to scheduling conflicts.
3) Landscaping services are included, but not limited to the following:
a. Litter pickup, mowing, trimming, weed eating, edging, cleanup of accumulated debris, and weed control around occupied spaces and fence lines.
b. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (example: sidewalks and curb lines) and actual site locations. Areas are to always look clean and neat and free of debris.
c. All pavement will be blown and free of any debris prior to each visit.
d. Fence lines shall be kept free of weeds and/or vines (fences owned by City)
e. All leaves shall be picked up and removed to the City’s dump pile.
i. (Twice per year after spring and fall shedding of leaves)
f. All vines that are growing into trees will be cut off at the bottom, so the vines don’t grow into the trees.
g. Pavement sides will be cleared from overgrown grass/weeds to maintain the full width of the roads.
h. Contractor will remove low-hanging limbs and small branches that can be safely removed from the ground using standard landscaping equipment.
Any major tree trimming or hazardous tree work shall be reported to the City for separate handling.
i. This material will be removed from site.
i. Any tree limbs that have fallen will be removed.
i. This material will be removed from site.
j. The height of the grass will be kept at 2.5 to three inches after being cut.
This may vary based on turf.
k. All landscaped beds will be treated for weeds, plants trimmed based on species and mulched twice a year if the beds are currently mulched. Pine stray will be used for any beds that currently have pine straw.
CONTRACTOR'S RESPONSIBILITIES AND SCOPE OF WORK
1. Contractor shall provide the base scope of services during normal operating hours with the exact schedule to be agreed upon by both parties.
2. Contractor shall notify the City Parks and Recreation Department designee of any delays due to weather of other issues for not completing the work on the approved schedule or any deficiencies or maintenance items as soon as possible.
ITEMS TO BE FURNISHED BY CONTRACTOR
1. The Contractor shall provide all labor, equipment, tools and supervision based on the work activities being performed. Contractor will provide designated contact for the City.
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 Bid Documents and Specifications are available to download from the City of Fernandina Beach website at www.fbfl.us/bids, and DemandStar at www.demandstar.com.
Questions regarding bid 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 the appropriate Department contact below with a copy to 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.
http://www.fbfl.us/bids 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 or RFP 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.
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:
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.
http://www.fbfl.us/bids
GENERAL CONDITIONS OF INVITATION TO BID
1. PREPARATION OF BID
a. INVITATION TO BID shall be prepared in accordance with the following:
b. The enclosed Bid Form, attached hereto as “Exhibit A”, shall be used when submitting your INVITATION TO BID.
c. All information required by the 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.
d. Unit prices shall be shown and where there is an error in extension of price, the unit price shall govern.
e. Alternate Bids will not be considered unless authorized by the Invitation to Bid.
f. 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.
g. 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.
h. Prices quoted must be FOB City of Fernandina Beach, Florida with all transportation charges prepaid unless otherwise specified in the Invitation to Bid.
i. Deliveries are to be FOB Destination unless otherwise specified in the Invitation to bid.
j. Deliveries are to be made during regular business hours.
k. 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.
http://www.demandstar.com/registration
4. WITHDRAWAL OF BID
a. Bids may not be withdrawn after the time set for the opening for a period of time as specified.
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) 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. Unless otherwise noted in the specifications, the length of the agreement shall be one year, with 2 one year renewals possible based on the mutual consent of the parties.
e. 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 and Purchasing web page.
f. Agreement may be cancelled with 60-day notice unless otherwise stated in signed contract documents.
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 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.
http://www.fbfl.us/
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-GENERAL
The parties recognize that CONTRACTOR/VENDOR is an independent Contractor. CONTRACTOR/VENDOR 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, arising directly or indirectly out of or in connection with any negligent and/or deliberate act or omission of CONTRACTOR/VENDOR, its officers, employees, agents, and representatives. CONTRACTOR/VENDOR'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 CONTRACTOR/VENDOR against the CITY and CONTRACTOR/VENDOR 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. Nothing contained in the foregoing indemnification shall be construed to be 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 do 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 $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 2-244.
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. https://www.epls.gov/epls/search.do.
CONTRACTOR/VENDOR shall include copy of search results with bid or proposal.
17. LOBBYING
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 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 https://www.epls.gov/epls/search.do solicitation response where any Commissioner, the City Manager, and/or City Personnel have been lobbied in violation of the black-out period.
EXHIBITS
EXHIBIT “A” Contact Sheet/Bid Form
EXHIBIT “B” Public Entity Crimes
EXHIBIT “C” Drug-Free Workplace Certification
EXHIBIT “D” E-Verify Statement
EXHIBIT “E” Proposer Acknowledgments and Agreements
EXHIBIT “F” Conflict of Interest
EXHIBIT “G” Non-Collusion Affidavit
EXHIBIT “H” Dispute 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: ________________________________________________
Mailing Address: ___________________________________________________
City, State, & Zip Code: ______________________________________________
Telephone: _____________________________________ Fax: _______________
Email: __________________ Submitted By: ______________________________
Title: ______________________________________________________________
Accounting Contact:
Name: ________________________________________Title: ________________
Email Address: ________________________________ Phone: ______________
THIS FORM MUST BE INCLUDED WITH PROPOSAL
EXHIBIT “A-1”
BID PRICING FORM
CEMETERY OCTOBER THROUGH SEPTEMBER $______________/2x per month
POLICE STATION,
MAY THROUGH SEPT $______________/1x per week
POLICE STATION
OCTOBER THROUGH APRIL $______________/2x per month
FIRE STATION – LOCATION 1
MAY THROUGH SEPTEMBER $_____________/1x per week
FIRE STATION – LOCATION 1
OCTOBER THROUGH APRIL $_____________/2x per month
FIRE STATION – LOCATION 2
MAY THROUGH SEPTEMBER $____________/1x per week
FIRE STATION – LOCATION 2
OCTOBER THROUGH APRIL $____________/2x per month
UTILITY BILLING
MAY THROUGH SEPTEMBER $___________/1x per week
UTILITY BILLING
OCTOBER THROUGH APRIL $___________/2x per month
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
EXHIBIT “B” – (con’t)
CRIMES
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 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.)
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EXHIBIT “B” – (con’t)
CRIMES
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 must:
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 bid for the City of Fernandina Beach.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon their 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 provision of services, I, on behalf of the above-named entity, will immediately notify the City of Fernandina Beach.
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EXHIBIT “F” – (con’t)
CONFLICT OF INTEREST STATEMENT
Notary Public Printed Name
EXHIBIT “G”
NON-COLLUSION AFFIDAVIT
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 is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;
2. Such Proposal is genuine and is not a collusive or sham proposal;
3. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in the attached proposal or any other Bidder, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other Bidder, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Fernandina Beach, Florida or any person interested in the proposed Contract; and
4. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
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EXHIBIT “G” – (con’t)
NON-COLLUSION AFFIDAVIT
EXHIBIT “H”
DISPUTES DISCLOSURE FORM
Answer the following questions by placing as “X” after “YES” or “NO”. If you answer “YES”, please explain in the space provided, or via attachment.
Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years?
YES NO____
Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years?
YES NO______
Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business?
YES NO _____
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Fernandina Beach.
Firm Date
Authorized Signature Printed or Typed Name and Title
EXHIBIT “I”
CONTRACTOR’S COUNTRIES OF CONCERN AFFIDAVIT
I, _________________________________, am an officer or authorized representative of the business entity shown below. I hereby acknowledge on behalf of my business or business entity that I am aware that, pursuant to section 287.138, Florida Statutes, governmental entities of the State of Florida are prohibited from entering into, amending, extending, and renewing certain contracts and agreements with foreign countries of concern.
Business or Business Entity Legal Name:
Business or Business Entity Legal Address:
Business or Business Entity Taxpayer Identification Number:
I hereby certify under penalty of perjury that:
My business entity is not owned by a foreign country of concern, as defined by section 287.138(1)(a), Florida Statutes.
No foreign country of concern has a controlling interest in my business entity, as defined by section 287.138(2)(b), Florida Statutes.
My business entity is not organized under the laws of or has its principal place of business in a foreign country of concern as defined by section 287.138(2)(c), Florida Statutes.
I have been advised that, in addition to criminal penalties for perjury for providing false information on this affidavit, my failure to comply with the requirements of section 287.138, Florida Statutes, may result in civil penalties, prohibitions against doing business with any governmental entity of the State of Florida the suspension or revocation of all business or professional licenses and certifications issued by the State of Florida.
By signing this affidavit, I agree that I will notify the Contract Manager within ten (10) calendar days of any change in my business entity status that would make any statement made on this affidavit untrue. I further acknowledge that the failure to make the appropriate notification will result in the immediate termination of my contract.
REPRESENTATIVE SIGNATURE AND NOTARY BLOCK ON NEXT PAGE
THIS FORM MUST BE INCLUDED WITH BID/PROPOSAL
EXHIBIT “I” –(con’t)
CONTRACTOR’S COUNTRIES OF CONCERN AFFIDAVIT
I HEREBY AFFIRM AND VERIFY THAT THE FOREGOING IS TRUE AND CORRECT.
Sole Proprietor/Authorized Representative
Printed Name
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this ________day of _________, 20_______, by _________________________ , My Commission Expires__________________________________________________
Personally Known_______OR Produced Identification___________ID Produced_____
THIS FORM MUST BE INCLUDED WITH BID/PROPOSAL
EXHIBIT “J”
CERTIFICATION REGARDING PROHIBITION
AGAINST USE OF DIVERSITY, EQUITY, AND INCLUSION MATERIAL.
Pursuant to section 287.139, Florida Statutes, the undersigned, on behalf of the entity identified below ("Contractor"), hereby certifies to the City as follows:
The Contractor certifies that it does not and will not use City funds awarded under this Contract to require its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in sections 125.595(1) and 166.04971(1), Florida Statutes.
Contractor understands and agrees with the following:
• This certification is a material condition of the award of the Contract.
• The Company must maintain compliance with section 287.139, Florida
Statutes, for the duration of the Contract.
• Failure to comply with this certification may result in termination of the
Contract and any other remedies available under law.
The undersigned affirms that he or she is authorized to execute this certification on behalf of the Contractor and that the statements made herein are true and correct.
Authorized Signature
Company Name: _________
FEIN: _________________
Authorized Signature: __________________________________________
Printed Name: _________________________________________________
Title: Date: ________________
THIS FORM MUST BE INCUDED WITH BID/PROPOSAL
File details come from the government source that posted it. Updated .