CITY OF FERNANDINA BEACH

INVITATION TO BID #27-03

ASPHALT MILLING AND PATCHING

INTRODUCTION

The City of Fernandina Beach, Florida is accepting competitive sealed bids from qualified contractors for ASPHALT MILLING AND PATCHING OF EXISTING CITY

OF FERNANDINA BEACH ROADS AND PARKING LOTS.

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, November 24. 2026.

The City of Fernandina Beach will receive sealed bids through the DemandStar.com E-bidding platform (www.demandstar.com) prior to 10:00AM, November 24, 2026, for timely receipt of submittal. The submittals will be opened by the City of Fernandina Beach promptly at 10:00AM, November 24, 2026. Submittals received after the deadline will not be considered.

Award of the Bid is subject to authorization and annual appropriation of funds by the City Commission in the fiscal year budget.

SUBMITTERS ARE REFERRED TO THE ATTACHED GENERAL CONDITIONS FOR

OTHER IMPORTANT INFORMATION REGARDING THE INVITATION TO BID

PROCESS, REQUIREMENTS AND EXHIBITS.

The person signing the Bid Response Forms shall have the authority to bind the Respondent to the Bid. All information on the Bid form shall be provided, or the Bid may not be accepted.

The bid shall be submitted on the specified Contact Sheet, attached hereto as “Exhibit A”, and Bid Pricing Form attached hereto as “Exhibit A-1”.

The competitive sealed Bid shall be accompanied by a “Public Entity Crimes” attached hereto as “Exhibit B”, “Drug-Free Workplace Certification” attached hereto as

“Exhibit C”, “E-Verify Statement” attached hereto as “Exhibit D”, “Respondent Acknowledgements and Agreements” herein provided as “Exhibit E”, “Conflict of Interest Statement” attached hereto as, “Exhibit F”, “Non-Collusion Affidavit” attached hereto as “Exhibit G” and “Disputes Disclosure Form” attached hereto as “Exhibit H”, “Contractor’s Countries of Concern Affidavit” attached hereto as “Exhibit I”, “Certification Regarding Prohibition Against use of Diversity, Equity and Inclusion Material” attached hereto as “Exhibit J”, “Anti-Human Trafficking Affidavit”, attached hereto as “Exhibit K”.

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

http://www.demandstar.com/

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

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

SCOPE OF WORK

PATCH PAVING OF EXISTING ASPHALT ROADS AND PARKING LOTS USING

TYPE S-1 and S-3 ASPHALT LESS THAN 1,000 square yards Utility cut patching with asphalt up to 2” thick. Typical job will be in a number of locations within active City streets. Contractor will be required to remove excess lime rock, cold mix, or asphalt to obtain min 2” depth. Contractor will be required to saw-cut asphalt as needed. Patching must be completed within 30 days of notice to proceed.

The Contractor must finish to grade, sand seal, and place asphalt pavement per FDOT standards at various locations throughout the City. Typical job will be between 50 and 1,000 square yards and will be within active City streets. The City of Fernandina Beach will provide lime rock and grading to within 2” of finished grade.

Patch paving will be completed in a timely manner after notice to proceed and coordinated with the City’s Street Maintenance Manager. Targeted date for start of work is 15 days from notice to proceed.

QUALIFICATIONS:

This is a continuing contract and there is no guaranteed minimum amount that will be awarded. Amounts shown on Exhibit “A-1”, Bid Pricing Form, are to be used solely for purposes of establishing unit prices for work performed during the life of the contract.

The City of Fernandina Beach reserves the right to increase or decrease estimated annual quantities to meet additional or reduced requirements based on the City’s budget.

Contractor will be required to comply with FDOT specifications and requirements.

Contractor will be responsible for all maintenance of traffic through job completion. No separate payment must be made for maintenance of traffic. All clean up and disposal of excess material will be the Contractor’s responsibility.

Surcharges or fees will not be permitted unless identified and quoted in the original bid and included in the final contract.

The length of this agreement shall be one year, with two one-year renewals possible based on the mutual consent of both parties.

In addition to any State or Federal required licensing or certifications, bidder must show that they are legally licensed to operate in the State of Florida and are properly licensed in their local municipality according to Ch. 489 Florida Statutes. If such municipality does not require occupational/business license they must provide documentation that states such licensing is not required. If Bidder’s business office is located in the City of Fernandina Beach a business tax license is required.

Contract may be terminated by either party with 60 days written notification.

AWARD

Award recommendation will be to the most responsive and responsible bid submittal offering the best value to the City of Fernandina Beach. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all bid submittals. 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 submittal period must be submitted in writing to Wanda Weaks, Purchasing Specialist, at wweaks@fbfl.org.

Bidders are hereby put on notice that no contact will 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.

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 submittal and must be acknowledged by attaching a copy of the Addendum, signed by an authorized representative of the person or company submitting the bid. Failure to do so may disqualify the bid submittal.

mailto:wweaks@fbfl.org mailto:wweaks@fbfl.org http://www.fbfl.us/bids

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 EMPLOYER

The CITY is an equal opportunity employer. The CITY is committed to equal opportunity employment effort and expects firms that do business with the CITY to have an equal opportunity program compliant with state and Federal law.

GENERAL CONDITIONS OF INVITATION TO BID

1. PREPARATION OF BID

INVITATION TO BID shall be prepared in accordance with the following:

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

b. 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.

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 to Bid.

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.

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), 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. An “Anti-Human Trafficking Affidavit” hereto attached as “Exhibit K” must be received at the time of the bid submittal.

h. 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 two 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.

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

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

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

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

d. If Bid is greater than $200,000, and is for services, Bid Bond and Payment and Performance Bond are 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 are 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. The City is subject to Florida Public Records laws. Pursuant to Section

119.0701, Florida Statutes, Contractor/Consultant shall: (a) keep and maintain all public records as that term is defined in Chapter 119, Florida Statutes

(“Public Records”), that ordinarily and necessarily would be required by the

CITY in order to perform the work contemplated by the Agreement; (b) provide the public with access to Public Records, on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) meet all requirements for retaining Public Records and transfer, at no cost to the CITY, all public records in possession of

Contractor/Consultant within thirty (30) days after termination of the

Agreement, however terminated, and destroy any duplicate Public Records that are exempt or confidential and exempt from public records disclosure requirements and provide the CITY with a letter confirming that this has been done within thirty (30) days of the termination of the Agreement. All Public

Records stored electronically must be provided to the CITY in a format that is compatible with the information technology of the CITY. If

Contractor/Consultant does not comply with a public records request, the CITY may pursue any and all remedies available in law or equity, including but not limited to specific performance.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 904-310-3115,

CBEST@FBFL.ORG, 204 ASH STREET, FERNANDINA BEACH, FL.

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.

mailto:CBEST@FBFL.ORG

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 Local Government Prompt Payment Act (218.70- 218.80).

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 money, CONTRACTOR/VENDOR must comply with Davis Bacon Act to include:

a. The Act requires:

i. Wage determination compliance,(Act Sec. 3142(b))

ii. Contract stipulations: (Act Sec. 3142(c))

1. Workers get paid at least weekly and in full without subsequent reduction in an amount not less than advertised,

2. Contractors must post the scale of wages to be paid where it can be easily read at the worksite, and

3. An agency can withhold from the contractor money the contracting officer needs to pay workers.

iii. Contracts can’t be awarded to contractors on the federal blacklist(Act Sec. 3144(b)(2)). 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. SCRUTINIZED COMPANIES

Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, Florida Statues, the CITY may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for https://www.epls.gov/epls/search.do more than one million dollars, the Consultant certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, Florida Statutes, the CITY may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in Iran Petroleum Energy Sector List or engaged with business operations in Cuba or Syria during the term of the Agreement.

18. ANTI-HUMAN TRAFFICKING

Pursuant to Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.

By entering into this Agreement, the Consultant acknowledges that it has read Section 787.06, Florida Statutes, and will comply with the requirements therein, and has executed the required affidavit attached hereto and incorporated herein.

19. LOBBYING

Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups or individuals who seek to influence the governmental decision of a Board Member, the City Commissioners, 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/contract.

CONTRACTORS shall not contact any City 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” Respondent Acknowledgments and Agreements

EXHIBIT “F” Conflict of Interest Statement

EXHIBIT “G” Non-Collusion Affidavit

EXHIBIT “H” Disputes Disclosure Form

EXHIBIT “I” Contractor’s Countries of Concern Affidavit

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

EXHIBIT “K” Anti-Human Trafficking Affidavit

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 BID/PROPOSAL

EXHIBIT “A-1”

BID PRICING FORM

Price is in accordance with the Specifications and the General Conditions of the ITB as provided.

Milling & Patch Paving

a) 2” Asphalt Paving, Type S1 – S3, LESS THAN 1000 SQ YD Per SQ.YD

Amount: $

b) 1 – 1.5” mill existing asphalt, LESS THAN 1000 SQ YD Per SQ.YD

Amount: $

c) MOBILIZATION - includes general conditions, bonds, insurance, maintenance of traffic and other work related to performance of the work not included in the unit prices listed above. Mobilization price is per event and consists of multiple milling and paving runs at VARIOUS locations. All patchwork will be within a 5-mile radius.

Mobilization Lump Sum per event $__________________

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:

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

2. 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

EXHIBIT “B” – (CON’T)

CRIMES

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 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.)

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 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”

CITY OF FERNANDINA BEACH, FLORIDA

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”

RESPONDENT ACKNOWLEDGEMENTS AND AGREEMENTS

The undersigned, as an employee or agent of the Respondent, 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 ITB/RFP document.

1. INTRODUCTION AND GENERAL INFORMATION

Has read and understands and agrees to all general information.

2. SUBMITTAL INSTRUCTIONS, TERMS AND CONDITIONS

Has read and understands and agrees to all terms and conditions.

3. EVALUATION AND CONTRACT OVERVIEW

Has read understands and agrees to all terms and conditions.

4. RESPONDENT’S SUBMITTAL INFORMATION

Has read and understands and agrees to all terms and conditions.

5. RESPONDENT’S PROPOSED TEAM

Has read and understands and agrees to all terms and conditions.

6. RESPONDENT’S PROPOSED COMPENSATION

Has read and understands and agrees to all terms and conditions.

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 provision of services, I, on behalf of the above-named entity, will immediately notify the City of Fernandina Beach.

EXHIBIT “F” – (CON’T)

CONFLICT OF INTEREST STATEMENT

Signature Date:

by ________________________________________________, 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.

Signature Date:

EXHIBIT “G”- (CON’T)

NON-COLLUSION AFFIDAVIT

by ________________________________________________, Notary Public Printed Name

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.

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 _________________________ , Notary Public Printed Name

My Commission Expires__________________________________________________

Personally Known_______OR Produced Identification___________ID Produced_____

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…