HomeMy WebLinkAboutCathcart Construction Company - Piggyback Rider for Citywide Infrastruture, Potable, Sanitary, Reclaimed, and Stormwater with Site Restoration - 2025 02 212nd March 23
March 2, 2023 March 1, 2024
EXHIBIT A
INVITATION TO BID DOCUMENTS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Due: 11:00 AM, Wednes day, January 18, 2023
CITY OF ALTAMONTE SPRINGS
City Hall, Suite 1030 Procurement Division 225 Newburyport Avenue Altamonte Springs FL 32701-3697
Bid Issued by: Roxana Siaca, Procurement Division Manager Office Phone: 407-571-8080 Fax Phone: 407/571-8082 E-Mail Address: RSiaca@Altamonte.org
For Solicitation Documents and Updates Visit Our www.Altamonte.org/SolicitationList Web Site
EXHIBIT B
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
2
TABLE OF CONTENTS
1 FORMS AND ATTACHMENTS .......................................................................................... 5
2 BIDDING INSTRUCTIONS, TERMS AND CONDITIONS .............................................. 6
2.1 DEFINITIONS ................................................................................................................. 6
2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION POSTING SERVICE 9 2.3 SOLICITATION UPDATES/STATUS ............................................................................ 10
2.4 SUBMISSION OF BIDS ................................................................................................ 10 2.5 PREPARATION OF BIDS .............................................................................................. 13
2.6 EXCEPTIONS TAKEN TO SPECIFICATIONS ............................................................... 14 2.7 WITHDRAWAL OR CORRECTION OF BIDS ............................................................... 14
2.8 CONTACT PERSON CONCERNING INQUIRIES OF THIS BID .................................. 15 2.9 ADDENDA .................................................................................................................... 15
2.10 PUBLIC OPENING ........................................................................................................ 16 2.11 SOLICITATION TABULATION ..................................................................................... 16
2.12 USE OF TRADE NAMES ............................................................................................... 16 2.13 DELIVERY ...................................................................................................................... 17
2.14 RESERVED RIGHTS OF THE CITY ................................................................................ 17 2.15 TAXES ........................................................................................................................... 17
2.16 DEFAULT ...................................................................................................................... 17 2.17 PATENT INDEMNITY ................................................................................................... 18
2.18 DISCOUNTS ................................................................................................................. 18
2.19 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION ..................................... 19 2.20 QUALIFICATIONS OF BIDDERS .................................................................................. 19
2.21 DISQUALIFICATION OF BIDDERS .............................................................................. 19 2.22 REJECTION OF IRREGULAR BIDS ............................................................................... 20
2.23 AWARD OF BID ............................................................................................................ 21 2.24 SAMPLES ...................................................................................................................... 21
2.25 PUBLIC ENTITY CRIME STATEMENT.......................................................................... 22 2.26 DRUG-FREE WORKPLACE PROGRAM PREFERENCE ............................................... 22
2.27 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS ............ 23 2.28 PUBLIC MEETING AND NOTICES .............................................................................. 23
2.29 TO APPEAL ANY MEETING OR DECISION MADE .................................................... 23 2.30 OBSERVE ABOVE INSTRUCTIONS ............................................................................. 24
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
3
2.31 PRIORITY OF SPECIFICATIONS .................................................................................. 24
2.32 TIME EXTENSION OF BID ........................................................................................... 24
3 GENERAL SPECIFICATIONS ............................................................................................ 25
3.1 SCOPE ........................................................................................................................... 25 3.2 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITES .................... 26
3.3 BID GUARANTEE ......................................................................................................... 27 3.4 GUARANTEE OF FAITHFUL PERFORMANCE AND PAYMENT ................................ 27
3.5 POWER OF ATTORNEY .............................................................................................. 27 3.6 SURETY COMPANIES ACCEPTABLE TO THE CITY OF ALTAMONTE SPRINGS, FL 28
3.7 EXECUTION OF CONTRACT ....................................................................................... 28 3.8 FAILURE TO EXECUTE CONTRACT– BID GUARANTEE FORFEITURE ...................... 29
3.9 NOTICE AND SERVICE THEROF ................................................................................. 29 3.10 CONTRACT TERM, COMPLETION TIME, TERMINATION, AND SUSPENSION OF
WORK .......................................................................................................................... 29 3.11 BID PRICE ..................................................................................................................... 32
3.12 PRICE ADJUSTMENTS ................................................................................................ 33 3.13 AVAILABILITY OF FUNDS ........................................................................................... 34
3.14 MAINTENANCE BOND ............................................................................................... 34 3.15 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES .......... 34
3.16 INTERPRETATION OF ESTIMATED QUANTITIES ...................................................... 34 3.17 COMPLIANCE TO LAWS, GUIDELINES, REGULATIONS, ETC .................................. 35
3.18 ABBREVIATIONS.......................................................................................................... 35 3.19 ORDERING OF SUPPLIES/SERVICES .......................................................................... 35
3.20 DELIVERY ...................................................................................................................... 36 3.21 INVOICING AND PAYMENT ....................................................................................... 36
3.22 OWNER DIRECT PURCHASES .................................................................................... 36 3.23 SAFETY DATA SHEETS (FORMERLY MSDSA) ............................................................ 38
3.24 PERMITS ....................................................................................................................... 38 3.25 REFERENCES ................................................................................................................ 38
3.26 PRE-BID CONFERENCE/SITE VISIT ............................................................................ 39 3.27 ADDITIONAL TERMS AND CONDITIONS ................................................................. 39
3.28 CONTRACTOR PUBLIC RECORDS REQUIREMENTS - CONTRACT FOR SERVICES 39 3.29 E-VERIFY – EMPLOYMENT ELIGIBILITY ..................................................................... 41
3.30 TENTATIVE CALENDAR OF EVENTS .......................................................................... 42
4 INSURANCE REQUIREMENTS SPECIFICATIONS ........................................................ 43
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
4
4.1 REQUIRED COVERAGE AND LIMITS ......................................................................... 43
4.3 CITY AS ADDITIONAL INSURED ................................................................................ 45 4.4 CERTIFICATE OF INSURANCE .................................................................................... 45
4.5 REVIEW AND APPROVAL BY CITY’S RISK MANAGER .............................................. 45 4.6 INDEMNIFICATION ..................................................................................................... 46
5 TECHNICAL SPECIFICATIONS ........................................................................................ 47
5.1 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS ....................................... 47
5.2 SUPPLEMENTAL CONDITIONS .................................................................................. 55 5.3 SPECIAL CONDITIONS ................................................................................................ 57
5.4 CONTRACTOR QUALIFICATIONS AND EVALUATION OF BIDDER ........................ 57 5.5 CONFLICT OF INTEREST ............................................................................................. 60
5.6 NON-COLLUSION/LOBBYING CERTIFICATION ...................................................... 60 5.7 DEBAREMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
CERTIFICATION ........................................................................................................... 60 5.8 GRANT FUNDING COMPLIANCE .............................................................................. 61
5.9 ADDITIONAL TECHNICAL SPECIFICATIONS ............................................................ 61 5.10 ITEMIZED BID FORM (ELECTRONIC VERSION) ........................................................ 61
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
5
1 FORMS AND ATTACHMENTS
The following forms are attached and numbered as indicated below.
PROPOSAL BID FORM (PBF-1, 2 & 3)
PROJECT EXPERIENCE INFORMATION - REFERENCES (R-1)
LIST OF SUBCONTRACTORS (SC-1)
LIST OF EQUIPMENT (E-1)
LIST OF SUPERVISORY PERSONNEL (P-1)
BID BOND (BB-1)
CONTRACT (C-1 & 2)
PAYMENT AND PERFORMANCE BOND (PPB-1)
ITEMIZED BID FORM (Excel Spreadsheet)
BID RETURN LABEL
OTHER SOLICITATION PACKAGE DOCUMENTS (posted as separate individual
documents)
o ITB No. 23-009-RS Attachment A – Planned Project Area Base Bid ‘A’
o ITB No. 23-009-RS Attachment B – Future Project NEP Map
o ITB No. 23-009-RS Attachment C - Technical Specifications
ADDENDA (issued as needed to all official registered Solicitation holders)
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
6
2 BIDDING INSTRUCTIONS, TERMS AND CONDITIONS
2.1 DEFINITIONS Whenever used in this Bid, the Contract, or any other documents pertaining to the
item and/or service where these specifications govern, the following terms are used. The intent and meaning will be interpreted as follows:
Addendum A modification of the Bid/Contract Documents issued by the Procurement Division
and distributed to prospective Bidders prior to the Bid due date and time.
Architect Where the word “Architect” appears in these specifications, it refers to the Design
Architect who is contracted with the City.
Bidder
An individual, partnership or corporation submitting a Bid, on the attached Proposal Bid Form, for the item and/or service contemplated.
Bid The written submittal of a Bidder, submitted on the Proposal Bid Form to provide
goods and/or perform the Work/services in accordance with the requirements of the Bid Documents and stating the consideration that the Bidder will require for so
doing.
Bid Bond A “Bid Bond” is a form of bid security executed by the Bidder as principal and by a
Surety to guarantee that the Bidder will enter into a contract within the specified time and furnish any required Performance and Payment Bond (s).
Change Order A written order issued by the Procurement Division to the Successful
Bidder/Contractor directing certain changes, additions or reductions in Work or services or in the materials or methods to be used.
City
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
7
The City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs,
Florida 32701-3697.
Contract
The written agreement between the City and the Successful Bidder/Contractor for the provision of goods and/or performance of the Work or services in accordance
with the requirements of the Bid Documents and for the payment at the agreed Bid price or adjusted as a result of an approved change order.
Contract Documents The Bidding Documents, Purchase Order, Contract, and Performance and Payment
Bond, together with all Addenda, Supplemental Agreements and Change Orders.
Engineer Where the word “Engineer” appears in these specifications, it refers to the City
Engineer or his authorized representative.
Engineer of Record
Where the word “Engineer of Record” appears in these specifications, it refers to
the Design Engineer who is contracted with the City.
Equipment All machinery together with the necessary supplies for upkeep and maintenance,
and all tools and apparatus necessary for the proper construction and acceptable completion of the Work.
Invitation to Bid The announcement requesting the submission of Bids.
Owner
The project is owned by the City of Altamonte Springs, Florida, with whom the Contract will be made. Where the word “Owner” appears in these specifications, it
refers to the authorized representative of the City. Bids and all subsequent communications between the Owner and the Contractor will be delivered to the
City.
Performance and Payment Bond
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
8
A “Performance and Payment Bond” is a bond executed by the Contractor/Vendor
and by a Surety to guarantee that the Contractor/Vendor will perform, in good faith, the Work in full conformity with the terms of the Contract Documents, and
will promptly pay all persons supplying labor, materials, and equipment for the Work.
Plans
The Contract Drawings, if any, or reproductions thereof, prepared by either the Architect or Engineer of Record, which show the locations, character, dimensions,
and details of the Work to be performed. All working drawings, shop drawings and fabrication drawings submitted by the Contractor for review shall become part of
the plans.
Project Manager
An authorized representative of the Procurement Division or City Engineer, assigned to make any or all necessary inspections of the goods received and/or
Work performed by the Successful Bidder/Contractor.
Proposal Bid Form
The attached form on which it is required that Bids be submitted.
Specifications
The general term comprising all the directions, provisions, and requirements contained herein, entitled Specifications, Supplemental Agreements, and Change
Orders that may be issued for this Bid and resulting Contract, all describing the manner of providing goods and/or performing the Work or service, including
detailed technical requirements and prescribing the relations between the City and the Successful Bidder/Contractor.
Subcontractor
Any individual, partnership, or corporation supplying labor, materials, or equipment for Work under a subcontract to the Contractor.
Subcontracting
The Contractor may subcontract those portions of the Work which are specialized in character and which, under contracting practices, are performed by specialty
subcontractors. The Contractor will obtain written approval from the Owner for
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
9
any and all subcontractors and that portion of the Work that they will subcontract.
The Contractor will be fully responsible to the Owner for acts and omissions of his subcontractors and there will be no contractual relation between any
subcontractor and the Owner.
Successful Bidder/Contractor The individual, partnership or corporation to whom the Bid is awarded.
Supplemental Agreement
A written proposal and acceptance executed by the Owner and the Contractor, with the consent of the Contractor’s Surety, covering the performance and
payment of the Work not included in the original Contract which is desired or necessary for the proper completion of the project; or covering changes, additions,
or deletions in the Work or in the materials to be used of a magnitude greater than may be properly covered by a Change Order.
Surety
“Surety” is an organization which provides a bond, for a consideration, that promises to be liable for the debt, default, or failure of the Contractor. It is a three-
party contract by which one party (the Surety) guarantees the performance or obligations of a second party (the Contractor) to a third party (the Owner).
Work
All of the elements and services, including furnishing of materials, tools, labor, equipment, management, etc. required to be performed by the Contractor under
the terms of the Contract, Plans, and Specifications in order to deliver the completed project to the Owner.
2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION POSTING SERVICE
2.2.1 The “Official” Solicitation document, including specifications and Proposal Bid Form, and Solicitation posting is available from the City’s Procurement Division or
through the City’s current contracted Solicitation posting service company (VendorLink eSupplier).
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
10
2.2.2 Interested Bidders should request the Solicitation documents directly from the
City’s Procurement Division (only–not through any other City dept./div.) or from the City’s Solicitation Posting web site.
2.2.3 This will ensure that Bidders have a complete Official Solicitation package and to record interested Bidders’ contact information for issuance of any addenda and to
receive Solicitation status updates.
2.2.4 The City is not liable for any errors, omissions, etc. of Solicitation postings or any
Solicitation documents obtained from any sources other than those listed above. The City is not responsible for the accuracy, completeness, or timeliness of any
documentations or postings the Bidder receives from any other source.
2.3 SOLICITATION UPDATES/STATUS
Due to limited staff, time, workload and budget restraints, City staff will not provide Solicitation updates or status information over the phone, by fax, or by e-mail. This
information is only available electronically. To obtain current information regarding this Solicitation visit our Solicitation Posting web site.
2.4 SUBMISSION OF BIDS
2.4.1 The Procurement Division shall receive responses to this Solicitation by the methods listed here, no later than the deadline due date and time established
within the Solicitation. Responses will not be accepted by any other means.
A. ELECTRONIC SUBMISSIONS (preferred method)
Enter information and upload completed Forms/Documents using the City’s online Solicitation Management Portal (see above paragraph entitled “Official
Solicitation Documents and Solicitation Posting Service”. visit our Solicitation Posting web site.
Bidders will need to log in or create an account in advance of uploading submissions.
When submitting an offer electronically through the Solicitation Management Portal, please allow sufficient time to complete the online forms and upload
documents. The Solicitation will end at the closing time listed in the Solicitation. If you are in the middle of uploading your documents at the closing time, the
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
11
system will stop the process and your offer will be placed at a “Draft” status and
will not be accepted. Only Bids that have a status of “Submitted” within VendorLink will be accepted for review.
It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up
to the due date and time.
If technical difficulties arise during submission of the Solicitation response, it is
the Submitting Bidder’s responsibility to contact VendorLink technical support. For support, click on the “Help” link on the Solicitation Management Portal.
Should there be any technical issues with the Platform (not user/Bidder issues) that prevents any Bidder from submitting a response within the two (2) hours
immediately before the due time, the Solicitation due date and time may be extended through issuance of addenda by the City. The technical issue must be
by the Platform provider (VendorLink) and affects all participating Bidders. The City shall verify the technical issue or unavailability of the Platform with
VendorLink, the system provider. Technical issues localized to a single Bidder will not be considered cause for an extension. City shall not be responsible for delays
caused by any other occurrence.
B. DELIVERED SUBMISSIONS
Deliver physical hardcopy submissions to:
Via Mail to:
Procurement Division City Hall Building, Suite 1030
Municipal Complex CITY OF ALTAMONTE SPRINGS
225 Newburyport Avenue Altamonte Springs, FL 32701-3697
Via Hand Delivery to: Procurement Division
City Hall Building, Suite 1030 Municipal Complex
CITY OF ALTAMONTE SPRINGS
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
12
225 Newburyport Avenue
Altamonte Springs, FL 32701-3697
If you mail in your response, it does need to reach our office before the deadline
to be considered. Therefore, allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable Solicitation
number and title, submittal due date and time, and the name and address of the Submitting Bidder, on the face of the envelope/package. Ensure that your
submittal package is securely sealed in an opaque envelope/package to provide confidentiality of the submittal prior to the Solicitation closing.
To ease and facilitate handling, the attached Submittal Label has been provided for your use. Usage of this Submittal Label will ensure proper identification and
handling of your submittal.
Delivered submittals will be received and officially recorded as received in the
Procurement Division ONLY. The time and date stamp clock located in Procurement Division will serve as the official authority to determine lateness of
any submittal.
2.4.2 The City and the Solicitation Management Portal site will accept a wide variety of
document types as Word, Excel, and PDF attachments but not all. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or
password protected files, and printing must be enabled on all submitted documents. Such actions may cause your Submittal to be deemed as "Non-
responsive".
2.4.3 Your Submittal package may include, but not limited to, the Proposal Bid Form,
any other required forms, and each accompanying sheet on which an entry has been made by the Submitting Bidder.
2.4.4 It is the Bidders responsibility to assure that the submittal is entered and entered online or delivered by the posted submission deadline. The delivery date and time
will be scrupulously observed.
2.4.5 The City will in no way be responsible for delays in the online system or delivery to
the Procurement Division caused by delivery service (US Postal Service, FedEx UPS, etc.), delivery to any other City office other than the above address, traffic, parking,
location of facilities or office, or delays caused by any other occurrences.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
13
2.4.6 Under no circumstances will Submittals received after the due date and time
specified be considered. Submittals received after the due date and time will be disqualified as late and will not be recorded as a responding Bidder. Submittals
delivered to the City will be returned to the Bidder unopened.
2.4.7 Do not return the entire Solicitation package. Only the Proposal Bid Form, any
other required forms, and each accompanying sheet on which an entry has been made by the Submitting Bidder should be included in their Submittal package.
2.4.8 For Products Only: The Bidder represents that the product(s) to be furnished under this Solicitation is/are new and unused, unless specifically so stated, and that the
quality has not deteriorated so as to impair its usefulness.
2.5 PREPARATION OF BIDS
2.5.1 The Bidder is solely responsible for reading and completely understanding the Bid
Documents and attachments (in any). Failure to do so will be at the Bidder's risk.
2.5.2 All Bids accepted by the City are subject to the City’s terms and conditions and any
and all additional terms and conditions submitted by the Bidders are rejected and shall have no force and effect.
2.5.3 Bids must be submitted on the attached Proposal Bid Form. The Proposal Bid Form is a mandatory form to ease Bid tabulation and analysis; however, additional
supportive forms can accompany it. Bids submitted on any other format will be disqualified.
2.5.4 Each Bidder will furnish the information required on the Proposal Bid Form and each accompanying sheet thereof on which he makes an entry. All prices and blank
spaces in the Proposal Bid Form and accompanying sheets must be filled in legibly and correctly in ink or type written. No erasures are permitted. Mistakes may be
crossed out, corrections typed adjacent, and must be initialed and dated in ink by person signing Bid.
2.5.5 An officer or representative who has official authorization to sign Bids MUST, sign and submit the Proposal Bid Form. All Bids must be signed with the firm name and
by a responsible officer or employee. Obligations assumed by such signatures must be fulfilled. If the Bid is made by an individual, he must sign his name therein,
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
14
and state his business address and the name and address of every other person
interested in the Bid as principal. If the Bid is made by a firm or partnership, its name and business address must be stated as well as the name and address of
each member of the firm or partnership. If the Bid is made by a corporation, the Bid must be signed by an authorized officer or agent, subscribing the name of the
corporation with his own name and affixing the corporation seal.
2.5.6 An unsigned Bid is not a valid offer therefore, all Bids must be signed to be
considered by the City.
2.5.7 ELECTRONIC SIGNATURES
In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regards to execution of
Contracts and Contract related documents meeting the requirements as stated in the City’s Procurement Policy.
2.6 EXCEPTIONS TAKEN TO SPECIFICATIONS
2.6.1 Bidders electing to Bid, but are desirous to take exceptions to the Bid Specifications, the Bidder will be required to make a notation by the particular
specification that does not conform to the minimum requirement.
2.6.2 Notation will be in the form of marking through the particular specification the
Bidder is taking exception to, and indicating the true specification of the item either on the same page the specification is listed, or on a letter with the Bidder’s
company letterhead.
2.6.3 Only those pages that the Bidder is taking exception to should be returned with
the Bid Proposal Form.
2.7 WITHDRAWAL OR CORRECTION OF BIDS
2.7.1 Bids may be withdrawn or corrected prior to the due date and time by written
request dispatched by the Bidder and received by the Procurement Division before the time for receiving Bids has expired. Written request’s hand delivered to the
Procurement Division may also require identification, such as business card and/or driver’s license.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
15
2.7.2 After the Bid due date and time, a Bidder cannot withdraw or correct a Bid.
Negligence on the part of the Bidder in preparing a Bid is not grounds for withdrawal or modification of a Bid after the Bid due date and time and the Bid
submitted must be in force for sixty-five (65) calendar days after opening. Bidders may not assign or otherwise transfer their Bid.
2.8 CONTACT PERSON CONCERNING INQUIRIES OF THIS BID
2.8.1 Every request for interpretations or corrections, whether technical or general in nature, must be in writing by e-mail (preferred method) or fax to:
Roxana Siaca, Procurement Manager E: RSiaca@altamonte.org
F: 407/571-8080
2.8.2 These inquires must be received in the Procurement Division no later than Tuesday,
January 3, 2023 at 4:30 PM in order to provide adequate response time to queries and issue an addendum, if necessary.
2.8.3 Questions concerning the technical specifications will be forwarded by the Procurement Division to the appropriate requesting department/division. All
Prospective Bidders shall not to contact any member of the Altamonte Springs staff or officials other than the above specified contact person unless explicitly
authorized by the Procurement Division.
2.9 ADDENDA
2.9.1 No interpretation of the meaning of the Bid Documents, attachments (if any), or
any other related documents, nor correction of any apparent ambiguity,
inconsistency or error therein, will be made to any Bidder orally.
2.9.2 Only the interpretation or correction given and issued through written addendum
by the Procurement Division will be binding, and potential Bidders are warned that
no other source is authorized to give information concerning, or explaining or
interpreting the Solicitation documents.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
16
2.9.3 Changes to this Solicitation, when deemed necessary by the City, will be completed
only by written Addenda issued prior to the Bid submittal deadline. Addenda to the Solicitation will be posted on the City’s Procurement Department website (see
above paragraph entitled “Solicitation Updates/Status”) as they are issued. It is the sole responsibility of Bidders to routinely check this website for any Addenda that
may have been issued prior to the submittal deadline for receipt of Bids.
2.9.4 It is the Bidder’s sole responsibility to assure and acknowledge receipt of all
Addenda. Bidders should acknowledge the receipt of all Addenda as part of their submission. In case any Bidder fails to acknowledge receipts of any such Addenda
in the space provided on the Proposal Bid Form, the Bid will nevertheless be construed as though the Addenda have been received and acknowledged, and the
submission of the Bid will constitute acknowledgment of the receipt of Addenda.
2.10 PUBLIC OPENING There will not be a public opening of the proposals received by the Solicitation
submittal deadline.
2.11 SOLICITATION TABULATION
Due to limited staff, time, workload and budget restraints, City staff will not give submittal results over the phone. The Solicitation Tabulation or Bidder’s Log is
typically made available forty-eight (48) hours after the submittal deadline. To obtain this information, see above paragraph entitled “Solicitation
Updates/Status”.
2.12 USE OF TRADE NAMES
2.12.1 Specifications used are intended to be open and nonrestrictive. Any reference to
brand a name will not be construed as restricting to that manufacturer, but used as minimum standard of quality. When the Bidder makes no reference or change
on the Proposal Bid Form, it is understood that the Bidder will furnish the specific brand named in the Bid. If bidding on other than the make, model, brand or
number as shown and offered as an equal, complete technical information, specifications, manufacturers’ name and catalog reference must be clearly stated
on the Proposal Bid Form or attached letter. Any deviation between brand offered and brand specified must also be clearly indicated.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
17
2.12.2 Certain items will be excluded from the above paragraph. The City has found it
effective to standardize on certain items. Approval has been granted by the City Manager or Commission to standardize on specific items. Proper notation will be
indicated in the Bid for any such items.
2.13 DELIVERY
Time of delivery is of the essence in the performance of the Contract, and failure to perform in accordance with the delivery deadline(s) set forth in the Bid
document will constitute default. Unless a written extension is obtained from the City prior to the delivery deadline(s), there will be no excuse for untimely
performance. The granting and duration of extensions will be subject to the exclusive discretion of the City.
2.14 RESERVED RIGHTS OF THE CITY
2.14.1 The City may award any item or group of items or any Bid, unless the Bidder qualifies his Bid by specific limitations.
2.14.2 The City reserves the right to accept and award or reject any or all Bids, with or without cause, to waive technicalities, or to accept the Bid which, in its judgment,
best serves the interest of and is the best value to the City.
2.15 TAXES
The City is exempt from paying state and local sales tax when payment is made directly by the City (Florida Statute Ch. 212.08(6). This exemption does not include
sales of tangible personal property made to Contractors employed either directly or as agents by the City when such tangible personal property goes into or
becomes a part of Public Works owned by the City. The City of Altamonte Springs, Florida has the following tax-exempt certificates assigned:
Certificate of Registry No. 59-6000263 for tax-free transactions under Chapter 32, Internal Revenue Codes.
Florida Sales & Use Tax Exemption Certificate No. 85-8012740082C-1 (effective through 06/30/2027).
2.16 DEFAULT
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
18
As a result of Bids received under this Solicitation, the award of the Bid/Contract
may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Bidder not meet the delivery deadline(s) set forth in the
specifications or should the Bidder fail to perform any of the other provisions of the specifications and/or other Contract documents, the City may declare the
Bidder in default and terminate the whole or any part of the Contract. Upon declaring the Bidder in default and terminating the Contract in whole or in part,
the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions therefore, and the Bidder will be liable to
the City for any excess costs, including but not limited to any reasonable attorney fees should any element of default be litigated in court or disputed in such a
manner that requires the services of an attorney, resulting there from. Where the Bidder fails to comply with any of the specifications, except for delivery deadlines,
the City may, in its discretion, provide the Bidder with written notification of its intention to terminate for default unless prescribed deficiencies are corrected
within a specific period. Such notification will not constitute a waiver of any of the City's rights and remedies hereunder.
2.17 PATENT INDEMNITY Except as otherwise provided, the Successful Bidder/Contractor agrees to
indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon letters patent of the United
States arising out of the performance of this Bid/Contract or out of the use or disposal by or for the account of the City of supplies furnished or services or
construction Work performed hereunder.
2.18 DISCOUNTS
2.18.1 Trade and time payments discounts will be considered in arriving at new prices and
in making awards, except that discounts for payments within less than thirty (30) days will not be considered in evaluation of Bids. However, offered discounts will
be taken less than thirty (30) days if payment is made within discount period.
2.18.2 In connection with any discount offered, time will be computed from date of
delivery and acceptance at a destination, or from the date correct the invoice is received by the Requesting Department, whichever is later. Payment is deemed to
be made, for the purpose of earning the discount, on the date City check is issued.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
19
2.19 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
By submission of this Bid, the Bidder certifies, and in the case of a joint Bid each party thereto certifies as its own organization, that in connection with this
procurement:
The prices in this Bid have been arrived at independently, without competition,
as to any matter relating to such prices with any other Bidder or with anycompetitor.
Unless otherwise required by law, the prices which have been quoted in this Bidhave not been knowingly disclosed by the Bidder, and will not knowingly be
disclosed by the Bidder prior to opening, directly or indirectly to any otherBidder or to any competitor.
No attempt has been made or will be made by the Bidder to induce any otherperson or firm to submit or not submit a Bid for the purpose of restricting
competition.
Bidder warrants the prices set forth herein do not exceed the prices charged by
the Bidder under a Contract with the State of Florida Purchasing Division.
The Bidder agrees that supplies/services furnished under this quotation, if
awarded, will be covered by the most favorable warranties, the Bidder gives toany customer for such supplies/services and that rights and remedies provided
herein are in addition to and not limit any rights offered to the City by any otherprovision of the Bid award.
2.20 QUALIFICATIONS OF BIDDERS The City reserves the right, before awarding the Bid, to require a Bidder to submit
such evidence of their qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical, other qualifications, and
abilities of a Bidder. Bidders may be required to show that they have had experience in Work of the same or similar nature and that their organization has
been in formal existence and engaged in similar type Work for not less than five (5) years.
2.21 DISQUALIFICATION OF BIDDERS
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
20
2.21.1 Any of the following causes may be considered as sufficient for the disqualification
of a Bidder and the rejection of his Bid:
Failure to sign the Proposal Bid Form.
Failure to submit valid Bid Guarantee (If called for in Bid) with Proposal Bid Form.
Submission of more than one Bid for the same Work by an individual, firm, partnership or corporation under the same or different names;
Evidence of collusion among Bidders;
Previous participation in collusive bidding on Work for the City of Altamonte
Springs, Florida;
Submission of an unbalanced Bid in which the prices bid of some items are out
of proportion to the prices bid for other items;
Lack of competency of Bidder. The Contract will be awarded only to a Bidder
rated as capable of performing the Work. The City may declare any Bidder ineligible at any time during the process of receiving Bids or awarding the Bid
where developments arise which, in the opinion of the City, adversely affect the Bidder's responsibility; however, the Bidder will be given an opportunity by the
City to present additional evidence before final action is taken;
Lack of responsibility as shown by past performance;
Unsatisfactory Performance/Uncompleted Work for which the Bidder is committed by Contract which, in the judgment of the City, might hinder or
prevent the prompt delivery and/or completion of the Work under this Bid if awarded to such Bidder;
Being in arrears on any of his existing Contracts with the City, or in litigation with the City, or having defaulted on a previous Bid and/or Contract with the
City.
2.22 REJECTION OF IRREGULAR BIDS
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
21
Bids will be considered irregular and may be rejected if they show omissions,
alterations of form, additions not called for, conditions, limitations, unauthorized alternate Bids, or other irregularities of any kind. The City reserves the right to
waive any informalities or irregularities of Bids, or to reject any or all Bids.
2.23 AWARD OF BID
2.23.1 The correct summation of the correct products, obtained by multiplying the
estimated quantities shown on the Proposal Bid Form and/or Itemized Bid Tabulation by the unit Bid prices entered therein, together with the lump sum
prices Bid, if any, will be considered as the total Bid price. In the event of a discrepancy between a unit Bid price and an extension, the unit Bid price will
govern.
2.23.2 The Bid, if awarded, will be awarded to that responsible Bidder whose Bid is in the
best interest of, best value to, and most advantageous to the City. Factors the City could include, but may not be limited to are, price, compliance with specifications,
Bidders ability to perform, prior performance (if any) with the City, warranty offered, delivery or time of completion, Bidder's financial capability, and other factors
specified in the Bid.
2.23.3 The tentative award recommendation posting date is in the “Tentative Calendar of
Events” paragraph in the General Specifications – Section 3 and on the Bid Tabulation. However, this date is subject to change. It will be the responsibility of
the Bidder to visit our “Solicitation Posting” web site to check on the status of the award recommendation. To obtain this information, see above paragraph entitled
“Solicitation Updates/Status”.
2.23.4 If you have any questions regarding the City's evaluation and Intent to Award
Recommendation, they must be submitted in writing to the Procurement Specialist and received by 4:30 PM of the business day prior to the City Commission meeting.
Questions or concerns not submitted to the Procurement Specialist may not be considered at the Commission meeting.
2.24 SAMPLES
2.24.1 Samples of items, when required, must be furnished free of expense to the City. When called for, delivery shall be made within thirty (30) calendar days from date
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
22
of notification to retrieve. Samples will be disposed of, by method serving the best
interest of the City.
2.25 PUBLIC ENTITY CRIME STATEMENT
2.25.1 In accordance with paragraph (2)(a) of Section 287.133, Florida Statutes, “A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.”
2.26 DRUG-FREE WORKPLACE PROGRAM PREFERENCE
2.26.1 In Accordance with Section 287.087, Florida Statutes, “Whenever two or more Bids,
proposals, or replies that are equal with respect to price, quality, and service are
received by the state or by any political subdivision for the procurement of
commodities or contractual services, a Bid, proposal, or reply received from a
business that certifies that it has implemented a drug-free workplace program shall
be given preference in the award process.”
2.26.2 Established procedures for processing tie Bids will be followed; if none of the tied
Bidders has a drug-free workplace program.
2.26.3 In order to have a drug-free workplace program, a business shall comply with the
requirements as established in Florida Statute 287-087. If your business complies
with these requirements, and would like to be given preference, in case of a tie
Bid/proposal, then the Bidders will be asked to complete a "Drug-Free Workplace
Program Certification Form". The Bidder is not required to complete the form at
this time.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
23
2.27 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND
DOCUMENTS Florida law (Florida Statute 119), the Public Records Law) requires that municipal
records shall at all times be open for personal inspection by any person. Information and materials received by City in connection with a Solicitation
response shall be deemed to be Public Records subject to public inspection and be available upon award, recommendation for award, or thirty (30) calendar days
after Bid opening, whichever occurs first. However, certain exemptions to the Public Records law are statutorily provided for in Section 119.07, F.S. If the
Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response,
specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption
applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss
or damages incurred by any person or entity as a result of the City's treatment of records as Public Records.
2.28 PUBLIC MEETING AND NOTICES
2.28.1 In accordance with Florida Statute 286.011, “All meetings of any board or
commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided
in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are
to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or
made at such meeting. The board or commission must provide reasonable notice of all such meetings.” Reasonable notice of meetings is provided under the “Tentative
Calendar of Events” paragraph located in the General Specifications - Section 3.
2.29 TO APPEAL ANY MEETING OR DECISION MADE
2.29.1 Persons are advised if they wish to appeal any meeting or decision made concerning this Bid, they will need a record of the proceeding, and for such
purposes, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
24
to be made, per Chapter 80-150, Laws of Florida. The City does not provide this
verbatim record. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk Department ADA Coordinator
forty-eight (48) hours in advance of the meeting at 407/263-3780 (VOICE/TDD).
2.30 OBSERVE ABOVE INSTRUCTIONS
Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your Bid.
2.31 PRIORITY OF SPECIFICATIONS In the event of conflicts or inconsistencies in the Bid Documents, priority will be
given to the requirements in the Technical Specifications then to the General Specifications of the Bid. Technical Specifications over rides the General
Specifications and the General Specifications will override the Bidding Instructions, Terms, and Conditions.
2.32 TIME EXTENSION OF BID In addition, Board of City Commissioners, Altamonte Springs, Florida, reserves the
option to extend the time period of the Bid, including all terms and conditions of the Bid Documents. Such time extension will be by mutual agreement in writing.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
25
3 GENERAL SPECIFICATIONS
3.1 SCOPE
The City of Altamonte Springs desires to secure the services of a minimum of two
(2) qualified Florida licensed certified General Contractors and/or Utility Contractors to provide all necessary labor, equipment, tools, materials, supplies
and incidentals to perform utility infrastructure construction/modification and site restoration within the City on a continuing service contract basis. The Work is
planned to be completed over a five (5) year period, with multiple project areas assigned by multiple Work Order Assignments. The first project area has been
identified as Hillcrest -Charter Oaks NEP with plans provided, to be priced on Base Bid B form. The City’s desire is to complete the first Project Area before starting
additional Planned Project Areas. The other Planned Project Areas have been identified on Attachment B-Future Project NEP Map. The preparation of the Base
Bid A has a quantity of one (1) for each pay item entry. This unit price should be the maximum unit price established for current and future project for the term of
this contract. Dependent on the scope of the future projects, these unit prices may be adjusted down if material cost are reduced or scope allows. These other
Planned Project Areas, depending on size, may become standalone projects or smaller areas will be combined to generate a project area of sufficient size to allow
the contractor to mobilize and work efficiently.
3.1.1 The Work for the Planned Project Areas includes, but shall not be limited to,
potable and reclaimed water pipe installations for four (4”) inch, six (6”) inch, eight (8”) inch, ten (10”) inch, and twelve (12”) inch asbestos concrete/PVC/Galvanized
mains; replacing deficient valves; adding gate valves; adding fire hydrants; installation of sanitary gravity and force main piping; lining in-place existing
sanitary lines; installation of sanitary manholes; installation of stormwater structures and piping; roadway base and patching; miscellaneous concrete repairs
including sidewalks; curb and gutter; irrigation system repairs and lawn restoration. All proposed restoration shall be limited to the affected construction limits, and
field verified pre and post construction by the City and the awarded Contractor.
3.1.2 It is the intention of the City is to select and award a minimum of two (2) continuing
service contracts to the lowest Successful Bidders per Base Bid ‘A’ Form. The City will utilize these contract maximum unit prices for the preparation and issuance of
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
26
Work Order Assignments to accomplish all of the infrastructure Work within the
identified project scope and limits.
3.1.3 Work Order Assignments will be awarded at the City’s discretion based the
following. The Awarded Contractors recognize that two (2). or more Contractors have been selected and ranked for the issuance of Work Order Assignments. Note,
the average fiscal year Infrastructure Continuing Services will include a minimum of one (1) Planned Project Area with an estimated construction budget not to
exceed two million dollars ($2,000,000.00). Additional Planned Project Areas may be awarded within the same fiscal year, and these will also not exceed the
construction budget noted above for each additional Planned Project Area.
3.1.4 The City intends to issue the first Work Order Assignment, for the Hillcrest -Charter
Oaks NEP, to the lowest Successful Bidder awarded continuing service contract, based on the submitted price established by Base Bid ‘B’.
3.1.5 The City will issue quote request packages for their Future Planned Project Areas to the awarded continuing service Contractors. Quotes will be provided utilizing
the established maximum unit prices submitted on Base Bid A and the specific plans and quantities for the designated Planned Project Area. At this time, the
Contractor will have the opportunity to adjust their unit prices, as long as the adjusted price does not exceed the maximum unit prices listed on submitted Base
Bid A. The lowest quote received for the requested Planned Project Area will be issued the Work Order Assignment. This method will be utilized to obtain quotes
and, an award will be made to the Contractor with the lowest Project Area price. This selection method will continue until all of the Planned Project Areas are
completed.
3.2 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITES
The Bidder is required to examine carefully the potential project sites, standard details, specifications, and all bid documents issued for the contemplated Work. It
will be assumed that the Bidder has performed his reviews and investigations, and is fully informed of; the existing site conditions and potential obstructions to be
encountered; the character, quality, and quantities of effort required; the types of materials and equipment to be furnished; the type of Work specified by the
specifications and all other Contract Documents. The Bidder must inform himself of the conditions under which the Work is to be performed in relation to site,
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
27
construction, material, and labor conditions. Failure to do so will not relieve the
Successful Bidder of their obligations to furnish all of the materials, equipment, and labor necessary to conform to and perform the Work expressed by the Contract
Documents, and to complete the contemplated Work for the considerations set forth in their Bid.
3.3 BID GUARANTEE Each Bid must be accompanied by a Bid Guarantee in the form of either; a cashier’s
check made payable to the City of Altamonte Springs, Florida; a Bid Bond, duly executed by the Bidder (as principal), and having as surety thereon a Surety
company. The Surety issuing the Bid Bond must be acceptable to the City as specified in this document. The guarantee so furnished will be in the amount not
less than five (5%) percent of the amount of the total Bid price. Failure of the Bidder to submit a valid Bid Guarantee is not a minor technicality that the City
waives, and as such if the Bidder fails to submit the valid Bid Guarantee with their Proposal Bid Form the City will declare the submitted Bid as rejected.
3.4 GUARANTEE OF FAITHFUL PERFORMANCE AND PAYMENT The Successful Bidder must provide a recorded Performance and Payment Bond
for each awarded Work Order Assignment. The recorded Performance and Payment Bond must be satisfactory to the City, on the form attached to the
contract portion of this document, in the amount not less than one hundred (100%) percent of the total Work Order Assignment amount to guarantee that they will
deliver a completed project under their Contract in strict accordance with the Contract Documents. This Performance and Payment Bond guaranties that the
Successful Bidder will promptly pay all persons and vendors supplying labor, material, and equipment for the Work. Delivery of this recorded bond is required
to accompany the executed Contract, with the provision of the name and telephone number of the Surety agent. It is further required that the term of this
bond must remain in effect until the City has accepted the project by the issuance of a Certificate of Final Completion.
3.5 POWER OF ATTORNEY
3.5.1 Attorney-in-fact, who signs Bid Bonds or Performance and Payment Bonds (when required) must file with such bonds, a certified copy of their power-of-attorney
giving them the authority to executed such bonds as an agent of the Bidder.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
28
3.5.2 Attorney-in-fact, must place their name, address, and telephone number on this
certification.
3.6 SURETY COMPANIES ACCEPTABLE TO THE CITY OF ALTAMONTE SPRINGS, FL
3.6.1 Surety companies, desiring to provide Bid Bonds, Performance and Payment Bonds, Materials Bonds, or Workmanship Bonds, must meet the following
provisions in order to meet the acceptance criteria of the City of Altamonte Springs, Florida;
A. The Surety must be registered and licensed to do business within the State of Florida.
B. The Surety shall have been in business and have a record of successful continuous operations for a minimum of the last five (5) years.
C. The Surety must be listed on the United States Department of the Treasury’s Approved Sureties; and must have a minimum of an ‘A’ minus (A-) rating in
accordance with the most current A.M. Best Company financial strength ratings.
D. Reinsurance for any risk or portion of any risk, which shall have been reinsured
(in which case the minimum requirements contained herein only apply to the reinsuring carrier), in assuming insurer authorized or approved by the Insurance
Commissioner to practice such business in the State of Florida shall be deducted from the determining the limitation of risk prescribed in this section.
E. In case of a Surety Insurance Company, there shall be deducted in addition to the deduction for reinsurance, the amount assumed by any Co-Surety; the value
of any security deposit; pledged or held subject to the consent of the Surety; and for the protection of the Surety.
F. No compensation shall be made by the Owner for the provision of the bonds prescribed in the section.
3.7 EXECUTION OF CONTRACT The Successful Bidder, to whom the Work Order Assignment Contract is awarded,
will within ten (10) calendar days after the date of award execute and deliver to the
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
29
Procurement Division the Contract, recorded Performance and Payment Bond, and
the Certificate of Insurance (COI) listing the City as co-insured. Forfeiture
3.8 FAILURE TO EXECUTE CONTRACT – BID GUARANTEE FORFEITURE
Failure upon the part of the Successful Bidder, to whom the Contract has been awarded to, to execute and deliver the Contract, recorded Performance and
Payment Bond, and the Certificate of Insurance within the ten (10) calendar days after the date of the notification of award will be cause for annulment. Annulment
will cause to be canceled the award and forfeiture of the Bid Guarantee to the Owner. Forfeiture of the Bid Guarantee will not be considered as a penalty, but as
liquidated damages sustained by the City for the bid project. Annulment shall allow the Owner the options to either; make an award to the next lowest responsible
Bidder, or to reject all Bids and re-advertise the solicitation.
3.9 NOTICE AND SERVICE THEREOF
3.9.1 All notices given by the Procurement Manager, or their assigned representative,
under the provisions of this Contract will be provided in writing, and service of the same may be in either of the following manners;
A.By delivery of such Notice to the Contract, or to any officer of the Contractorif said Contractor is a corporation, or to any agent or superintendent of the
Contractor.
B.By mailing such notice by registered mail to the address shown on the
Contractor’s Bid.
3.10 CONTRACT TERM, COMPLETION TIME, TERMINATION, AND SUSPENSION OF WORK
3.10.1 Effectiveness - The agreements resulting from this Solicitation will be two (2) year term Contracts with a zero ($0.00) dollar value. Work Order Assignments will be
issued for each or combined Project Areas, which includes the goods, services and Work described in this Solicitation Document.
A.Each awarded project Work Order Assignment will have a separate Contractagreement (Purchase Order). The duration of the Work Order Assignment may
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
30
be extended pursuant to the terms and conditions of the continuing service
contract.
B. The terms and conditions of the continuing service Contract may be renewed
for an additional two (2) renewals of two (2) year term periods.
3.10.2 Duration - Each Work Order Assignment will be issued with a notice-to-proceed
(NTP) specifying the Project Area start and completion dates, with the number of allowed contract calendar days anticipated to achieve Substantial Completion, and
the number of additional days to achieve Final Completion and Acceptance of the project. Liquidated Damages will be assessed for each calendar day that exceeds
the established Project date for Substantial Completion. The value of Liquidated Damage in dollars per calendar day, will be established by the prevailing FDOT
Standard Specification for Road and Bridge Construction, Section 8-10. Liquidated Damages will be assessed for each calendar day exceeding the established
Substantial Completion date, unless additional time has been granted by approved change orders to the Contract, which may include weather days.
3.10.3 Time of Completion
A. The parties understand and agree that time is of the essence in the performance
of this Contract.
B. The Contractor or City, respectively, shall not be liable for any loss or damage,
resulting from any delay or failure to perform their contractual obligations within the time specified, due to acts of God, actions or regulations by any
governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole
or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers,
or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar
nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though
existing on the date of the Contract or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the
length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
31
C. However, under such circumstances as described herein, the City Procurement
Manager may at their discretion, cancel this Contract for the convenience of the City.
3.10.4 Termination for Default A. The performance of Work under this Contract may be terminated by the
Procurement Manager, in whole or in part, in writing, whenever the City has determined that the Contractor has failed to meet the performance
requirements of this Contract.
B. The Procurement Manager has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor
fails to perform the Work within the time specified in the Contract, or if the Contractor fails to perform any other provisions of the Contract.
C. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Procurement
Manager or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Procurement Manager, shall
constitute authority for the Procurement Manager to purchase in the open market articles or Work of comparable grade to replace the articles or Work
rejected, not delivered, nor completed. On all such purchases, the Contractor or his Surety shall reimburse the City, within a reasonable time specified by the
Procurement Manager, for any expense incurred in excess of the Contract prices.
D. Such purchases shall be deducted from Contract quantities. Should public necessity demand it, the City reserves the right to utilize services or use and/or
consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Manager. The
Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Procurement Manager that failure to perform the Work
was due to causes beyond the control and without the fault or negligence of the Contractor.
3.10.5 Termination for Convenience
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
32
A. The Procurement Manager may terminate, in whole or part, this Contract at
their convenience with at least forty-five (45) calendar days prior advance written notice to the Contractor.
B. In the event of such a termination by the City, the City shall be liable for the payment of all Work properly performed prior to the effective date of
termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date
of termination and other reasonable costs associated with the termination.
3.10.6 Suspension of Work
A. If the Work is defective and the Contractor has been notified by the City, or if Contractor fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, or if Contractor fails to supply sufficient supervisory personnel or skilled workmen or suitable materials or
equipment, or if Contractor fails to obtain, maintain or renew insurance in conformance with the Contract Documents in a form acceptable to City, or if
any insurance company Contractor has obtained insurance from declares bankruptcy or is declared bankrupt, or if Contractor’s prosecution of the Work
endangers persons or property or violates Laws and Regulations, City may order Contractor to stop the Work, or any portion thereof, until the cause for such
order has been eliminated. City's order to stop the Work may be communicated by City. This right of City to stop the Work shall not give rise to any duty on
the part of City to exercise this right for the benefit of Contractor or any other party.
B. Contractor shall bear all direct, indirect, and consequential costs of such order to stop the Work (including but not limited to fees and charges of engineers,
attorneys and other professionals, any additional expenses incurred by City due to delays to others performing Work under a separate Contract with City, and
other obligations), and Contractor shall further bear the responsibility for maintaining the Progress Schedule and shall not be entitled to any extension
of Contract Time or increase in the Contract Price. City shall be entitled to deduct any expenses so incurred from the Contract Price by issuing a Change
Order.
3.11 BID PRICE
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
33
3.11.1 Unless, otherwise stated, the Bid Prices will include all labor, equipment, tools,
materials and supplies, and all other cost not specifically listed herein. Price will be all-inclusive with no additional hidden costs.
3.11.2 The Bidder will specify the price per unit of measure and the extended total, or the lump sum Bid price if such is called for, for each item as well as the total price for
the entire Work under the Contract. Unit price for each unit Bid will be shown and such price will include packing, unless otherwise specified. A total will be entered
in the amount column for each item Bid. In case of discrepancy between a unit price and extended price, the unit prices will be presumed to be correct.
3.11.3 The prices offered in this Bid will remain firm during the period of the agreement.
3.12 PRICE ADJUSTMENTS
3.12.1 No less than forty-five (45) days prior to the end of the Contract’s annual anniversary of the Contract date, the Contractor may submit a written request for
unit price adjustments for the next Contract period. Any increased unit price adjustment(s) must be accompanied by written justification attesting that the
request is a bonafide cost increase to the Contractor along with suitable documentation of factors affecting. All requests for unit price adjustment(s) shall
be supported by Consumer Price Index and/or Producer Price Index documentation supporting the requested increase.
3.12.2 All unit price increases(s) and decreases(s) to be approved by the City’s Procurement Division will include the concurrence from the User Department.
3.12.3 The approved new unit price shall then to be held firm for the next Contract period, after which time the unit prices may be adjusted again following the same
procedure. If a unit price adjustment is not received within the time period established above, the current agreement unit price will automatically extend for
another year.
3.12.4 The base period for any requested adjustment shall be the beginning of the latest
period during which an adjustment may have been made. For example, annual adjustments may be requested under a three (3) year Contract and none are
requested after the first two (2) years, the base period for an adjustment effective the third (3rd) year shall be the beginning of the second (2nd) year.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
34
3.12.5 Nothing in the above is to be construed as limiting the Contractor from charging
a lesser price than the current Bid unit price at any time after Work Assignment award.
3.12.6 In the event that the Bid unit price increases for a given item is considered by the City to be excessive and cannot be successfully negotiated, the City at is option,
may elect not to renew the Contract and re-Bid the Solicitation.
3.13 AVAILABILITY OF FUNDS
The contractual obligations of the City under this agreement are contingent upon the availability of appropriate funds.
3.14 MAINTENANCE BOND Not required for this Solicitation. Maintenance bonds will be required for the
anticipated project issued as Work Order Assignments.
3.15 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES
3.15.1 It is hereby made a part of this Invitation to Bid that the submission of any Bid response to this request constitutes a Bid made under the same terms and
conditions, for the same Contract price, to other government agencies, if agreeable by the Bidder and the governmental agency.
3.15.2 At the option of the Bidder/Contractor, the use of the Contract resulting from this Solicitation may be extended to other governmental agencies, including the State
of Florida, its agencies, political subdivisions, counties, and cities.
3.15.3 Each governmental agency allowed by the Bidder/Contractor to use this Contract
shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases, and shall be liable only for goods or services
ordered, received, and accepted. No agency receives any liability by virtue of this Bid and subsequent Contract award.
3.16 INTERPRETATION OF ESTIMATED QUANTITIES The estimated quantities of Work to be performed and materials to be furnished
under this Bid are to be considered as approximate only and are to be used solely for the comparison of Bids received. The City reserves the right to purchase any,
all, or none of its requirements from Bidder(s) awarded the Bid. The City does not
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
35
expressly or by implication represent that the actual quantities involved will
correspond exactly therewith, nor will the Bidder plead misunderstanding or deception because of such estimates of quantities or of the character, location or
other conditions pertaining to the Work. Payment to the Successful Bidder/Contractor will be made only for the actual quantities of Work performed
and/or materials furnished in accordance with the Bid Documents, and it is understood that the quantities may be increased or diminished without in any way
invalidating any of the unit or lump sum prices Bid. The City does not expressly or by implication represent that the actual quantities involved will correspond exactly
therewith, nor will the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location or other conditions
pertaining to the Bid requirements. Payment to the Successful Bidder/Contractor will be made only for the actual quantities of Work performed and/or materials
furnished in accordance with the Bid Documents, and it is understood that the quantities may be increased or diminished without in any way invalidating any of
the unit or lump sum prices Bid.
3.17 COMPLIANCE TO LAWS, GUIDELINES, REGULATIONS, ETC
The Successful Bidder/Contractor must comply with all applicable Federal, State and Local laws guidelines, regulations, etc. This includes, but is not necessarily
limited to, DOT, OSHA, EPA, DEP, and the State agencies under the Federal authority.
3.18 ABBREVIATIONS Whenever in these Bid Documents reference is made to any of codes, standards or
requirements by abbreviation or name, it will be understood that the codes, standards, and requirements in effect on the date of the advertisement for Bid will
govern.
3.19 ORDERING OF SUPPLIES/SERVICES
3.19.1 Orders for items/services listed in this Bid will be accomplished by an executed signed purchase order from the Procurement Division, only.
Departments/Divisions are not authorized to commit the City to orders.
3.19.2 Supplies/Services listed in this Bid will be ordered on a periodic basis throughout
the term of this agreement.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
36
3.20 DELIVERY
The Services/Work specified will be performed at the Planned Project Areas.
Base Bid B – Hillcrest-Charter Oaks NEP
Future Areas as depicted on the Future Project NEP Map, or other infrastructure
projects, or repairs identified by the City.
3.21 INVOICING AND PAYMENT
3.21.1 No payment will be made for materials ordered or services performed without
proper purchase order authorization.
3.21.2 Payment will be accomplished by submission of invoice, in duplicate, with Purchase
Order number referenced thereon. Invoices are to be mailed to the attention of
the "Requisition By" Department/Division indicated on the Purchase Order. The
retainage amount of five (5%) percent of all completed Work shall be held by the
City until Final Acceptance and upon receipt of all required close-out documents
have been furnished.
3.21.3 Payment terms are net thirty (30) days upon delivery and acceptance.
3.21.4 When applicable, the City is subject to Florida’s Prompt Payment Act (see Florida
Statutes, Section 218.70-218.80).
3.22 OWNER DIRECT PURCHASES
3.22.1 The City reserves the right to issue direct purchase orders for any or all materials
and equipment as bid by the Successful Bidder in accordance with the Florida
Department of Revenue, Rule 12A-1.094.
3.22.2 The Successful Bidder will cooperate with the City, providing information for the
preparation of direct purchase orders, monitoring deliveries, and approving
invoices.
3.22.3 The following procedures shall be used by the Successful Bidder for ordering,
receiving, processing payment for materials or equipment;
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
37
A.Bidding – Sales tax shall be included in the Bid for all material, equipment, and
supplies proposed for the completion of the project.
B.Ordering – The City, in order to exercise its right to be exempt from sales taxes
on materials, equipment and supplies may elect to purchase certain itemsdirectly from the vendors selected by the Successful Bidder. The City’s Tax
Exemption shall be used expressly for the purchase of materials, equipment, orsupplies specifically for projects contracted under this Solicitation. The use of
the City’s Tax Exemption for non-related project items is prohibited.
The Successful Bidder shall complete a City of Altamonte Springs ODP
Requisition for each vendor as necessary. The requisition shall include thefollowing information: vendor name; business address; telephone number; and
email address of contact; description of the materials, equipment, or supplies;quantity; pricing; freight; and any other information requested by the City.
The City will issue a Purchase Order, “Certificate of Entitlement” (as required bythe Department of Revenue, Rule 12A-1.094), and a copy of the City’s Florida
Consumer’s Certificate of Exemption to the vendor upon completion of theODP Requisition provided by the Successful Bidder. A copy of the City issued
ODP PO will be provided to the Successful Bidder, who shall verify that the POwas issued correctly. The Successful Bidder shall notify the City of any errors or
omissions found on the issued ODP PO.
C. Expediting – The Successful Bidder or their subcontractors shall be responsible
for expediting delivery to ensure that these items are received on time tomaintain the project’s completion schedule.
D.Receiving– The Successful Bidder or their subcontractors shall be responsiblefor the receipt, storage, and protection of all materials, equipment, or supplies
until they are installed in to the project. Copies of all delivery tickets shall beprovided the City.
E.Billing & Payments – All materials, equipment, or supplies shall be invoiced tothe City for payment under the issued ODP PO. The City will provide copies of
these invoices to the Successful Bidder for review for accuracy and quantities.The review of invoices shall be performed in a timely manner in order to take
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
38
advantage of any discounts or other payment terms, of which said discounts
shall be accrued by the City. The Successful Bidder is responsible to notify the City of any errors found on the invoices to allow the City to request corrected
invoices from the Vendor If necessary.
The amount of the ODP PO will be deducted from the Successful Bidder’s
contract. The amount of the deduction will be the net of the un-discounted amount, with the sales tax savings thereon.
F. Passage of Title, Assumption of Risk, & Other Considerations – The City shall have title to all materials, equipment, and supplies purchased and delivered by
the ODP PO Vendor under these provisions, and as such the City shall undertake this process at their risk.
The City, or its duly authorized representative, shall have access to all necessary records in order to conduct audits to determine the correctness and accuracy
of any item purchased in accordance with these provisions.
3.23 SAFETY DATA SHEETS (FORMERLY MSDS)
Successful Bidder will be required to submit Safety Data Sheets (SDS), in two (2) sets with this Bid, and with each order delivered if the material ordered falls under
the (EPCRA) Right- To-Know Act.
3.24 PERMITS
Unless otherwise provided in the Bid Documents, the Successful Bidder will secure all permits required by the project scope. Permitting fees to the City of Altamonte
Springs may be waived, but should be accounted for in the Bid Proposal to be paid by the Successful Bidder. It is the Bidder’s responsibility to review the Contract
Documents and identify all permit requirements, licenses, and inspections required for the proper execution of the Work, and to include these costs in the Bid Proposal.
3.25 REFERENCES
3.25.1 Bidders will complete and return, with the Proposal Bid Form, a list of at least three
(3) client/customer references including company name, contact person, and telephone number.
3.25.2 The List of References form provided in these Bid Documents should be used.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
39
3.25.3 If the Bidder already has a preprinted list of references, then indicate on the City's
List of References Form "See Attached List". Attach the preprinted list to the City's form and submit both with the Proposal Bid Form.
3.26 PRE-BID CONFERENCE/SITE VISIT
3.26.1 Pre-Bid Conference: N/A
3.26.2 Site Visitation:
A. Site Visits are to be determined when City is ready to move forward with each projects(s). The City will contact the awarded Contractor(s) to discuss site visit
requirements. The City strongly encourages Bidders to visit the project site and can do so at any time at their convenience.
B. It is the Bidder’s responsibility for the determination of accurate measurements, the extent of Work to be performed, and the conditions surrounding the
performance thereof. Submission of the Bid shall constitute acknowledgment by the Bidder that they are familiar with all such conditions. The failure or
neglect of a Bidder to familiarize themselves with the site(s) of the Planned Project Areas, shall in no way relieve him from any obligations with respect to
his Bid.
3.27 ADDITIONAL TERMS AND CONDITIONS
Unless expressly accepted by the City, only terms and conditions in this document shall apply. No additional terms and conditions included with the Bid response
shall be considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this Bid if submitted either purposely
through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and
agreed that the general and/or any special conditions in this Bid Documents are the only conditions applicable to this Bid and the Bidder’s authorized signature on
the Proposal Bid Form attests to this. Exceptions to the terms and conditions will not be accepted.
3.28 CONTRACTOR PUBLIC RECORDS REQUIREMENTS - CONTRACT FOR SERVICES
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
40
The City of Altamonte Springs is a public agency subject to Florida Statute, Chapter
119 (Florida’s Public Records Law). The Contractor that enters into a Contract for services with a public agency shall comply with Florida’s Public Records Law.
Specifically, the Contractor shall:
A.Keep and maintain Public Records required by the City in order to perform the
service.
B.Upon request from the City’s custodian of Public Records, provide the public
agency with a copy of the requested records, or allow the records to beinspected or copied within a reasonable time, at a cost that does not exceed
the cost provided in Chapter 119 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 authorizedby law for the duration of the Contract term and following completion of the
Contract if the Contractor does not transfer the records to the City.
D.Upon completion of the Contract, transfer, at no cost to the City, all Public
Records in possession of the Contractor, or keep and maintain Public Recordsrequired by the City to perform the service. If the Contractor transfers all Public
Records to the City upon completion of the Contract, the Contractor shalldestroy any duplicate Public Records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keepsand maintains Public Records upon completion of the Contract, the Contractor
shall meet all applicable requirements for retaining Public Records. All recordsstored electronically must be provided to the City, upon request from the City’s
custodian of Public Records in a format that is compatible with the informationtechnology systems of the City.
E. During the term of the Contract, the Contractor shall maintain all books, reports
and records in accordance with generally accepted accounting practices and
standards for records directly related to this Contract. The form of all records and
reports shall be subject to the approval of the City’s Finance Department. The
Contractor agrees to make available to the City’s Finance Department, during
normal business hours and in Seminole County, all books of account, reports and
records relating to this Contract.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
41
F. PUBLIC RECORDS CUSTODIAN
If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide Public Records relating to
this Contract, contact the City’s Custodian of Public Records at:
City Clerk
225 Newburyport Avenue Altamonte Springs, Florida 32701-3697
(407) 571-8122 AApperson@altamonte.org
G. The Contractor acknowledges that the City of Altamonte Springs cannot and will not provide legal advice or business advice to Contractor with respect to its
obligations pursuant to this section related to Public Records. The Contractor further acknowledges that it will not rely on the City of Altamonte Springs, or
its City Attorney to provide such business or legal advice, and that Contractor has been advised to seek professional advice with regard to Public Records
matters addressed by this agreement. The Contractor acknowledges that failure to comply with Florida Law and this agreement with respect to Public Records
shall constitute a material breach of this agreement and shall be grounds for termination pursuant to the termination provisions outlined in the Contract,
Solicitation, and/or City purchase order.
H. A definition of “Public Records” can be found in to Florida Statute, Chapter 119.
I. The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule Number GS1-SL for State and
Local Government Agencies.
3.29 E-VERIFY - EMPLOYMENT ELIGIBILITY
3.29.1 By submitting a response to this Solicitation, and if awarded, this Solicitation, the
Bidder is obligated to comply with the provisions of Section 448.095, Florida Statute, "Employment Eligibility."
3.29.2 Further, by your response to this Solicitation and if awarded this Solicitation Bidder affirms and represents that they are registered with the E-Verify system and are
using same, and will continue to use same as required by Section 448.095, F.S.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
42
3.29.3 Compliance with Section 448.095 includes, but is not limited to, utilization of the
E-Verify System to verify the authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, Contract with, or subcontract with, an unauthorized alien.
3.29.4 Failure to comply will lead to disqualification of award of this Solicitation, entering
into a Contract, and/or, cancellation of an active Contract, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately.
3.29.5 Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. If terminated
for a violation of the statute by the Bidder/Contractor, the Bidder/Contractor may not be allowed to do business with the City or be awarded a Solicitation or Contract
for a period of one (1) year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the
Bidder/Contractor.
3.30 TENTATIVE CALENDAR OF EVENTS
Event Tentative Date
(Note: Dates subject to change)
Bid Specifications Questions Due: No later than Tuesday, January 3, 2023 at
4:30 PM
Deadline to Issue Addenda: By 4:30 PM, Friday, January 6, 2023.
Bids Due and Opening: No later than 11:00 AM, Wednesday,
January 18, 2023. Bids will be opened immediately after the Bid due date and
time.
Bidders Log: Within two (2) working days after the Bid
opening.
Intent To Award Recommendation: Issued by Monday, January 30, 2023.
Award of Bid: At 7:00 PM on Tuesday, February 7, 2023.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
43
4 INSURANCE REQUIREMENTS SPECIFICATIONS
4.1 REQUIRED COVERAGE AND LIMITS
4.1.1 To assure that the bidder has the insurance specified, the bidder is suggested to
send this “Insurance Requirement Specifications” section, in its entirety, to their insurance agent(s) prior to submitting a bid. The insurance agent should inform
the bidder if the bidder does not meet the insurance requirements and provide the bidder with an estimated cost to secure the required insurance. In the event that
the bidder does not hold all the limits required below, the bidder shall submit a letter from their insurance carrier that the coverages and limits are obtainable if
the bidder is awarded a contract. The bidder should include the cost to secure additional insurance in their bid price. By submission of a bid to the City, the bidder
has or agrees to obtain the insurance specified if the bidder is awarded the solicitation.
4.1.2 Insurance Requirements for this Bid are as follows:
A.Worker's Compensation: Per Statutory requirements. Employer’s Liability
Insurance with limits of not less than $1,000,000 per accident, $1,000,000 perdisease and $1,000,000 policy limit on disease.
Please be advised that the Certificate of Exemption To Be Exempt From theFlorida Workers’ Compensation Law pertains exclusively to those corporate
officers identified by the certificates, therefore, the City will not acceptCertificates of Exemption as proof of insurance. The certificate of exemption
also states that the corporate officer electing exemption, “certify that anyemployee of the business named above (on the certificate) is covered by
workers’ compensation insurance”. Further, pursuant to Chapter 440.10 (1) (a),(b) and (c), contractors who sublet any contract work to subcontractors “shall
be liable for, and shall secure, the payment of compensation to all suchemployees, except to employees of a subcontractor who has secured such
payment”.
The Successful Bidder/Contractor is responsible for verifying that all sub-
contractors have Workers Compensation coverage, or are exempt from coverage, and must produce proof of coverage upon the City’s request.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
44
B. Commercial General Liability:
$2,000,000 Per Occurrence $5,000,000 General Aggregate
$1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury
*City of Altamonte Springs shall be an additional insured
Additional Insured Endorsement required:
CG 20 26 or CG 20 33 or CG 20 10 which must include CG 20 37. Waiver of subrogation and waiver of transfer of rights of recovery CG 24 53 or
CG 24 04 endorsements required.
C. Commercial Auto Liability: $1,000,000 combined single limit/per occurrence
*City of Altamonte Springs shall be an additional insured
Auto Liability shall cover owned, hired, leased or non-owned vehicles for bodily injury and property damage. Waiver of subrogation and waiver of transfer of
rights of recovery (CA 04 44 or CA 04 43) endorsements required.
D. Pollution Liability: $1,000,000 combined single limit/per occurrence.
E. Excess Liability: $5,000,000 per occurrence. Excess Liability coverage may also compensate for a deficiency in CGL, AL or WC coverage requirements.
4.1.3 All limits are per occurrence and must include Bodily Injury and Property Damage. An insurance carrier must issue all policies with a financial stability that is
acceptable to the City’s Risk Manager.
4.1.4 All policies are to be considered primary to City coverage and shall not contain co-
insurance provisions.
4.1.5 Policies other than Worker’s Compensation shall be issued only by companies
authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of
Florida and which maintains a Rating of “A” or better according to the A.M. Best
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
45
Company. Polices for Worker’s Compensation may be issued by companies
authorized as a group self-insurer by F.S. 440.57.
4.2 EXCEPTIONS
Any exceptions to the insurance requirements and limits must be noted as instructed herein.
4.3 CITY AS ADDITIONAL INSURED The appropriate policies are to be endorsed to include the City of Altamonte
Springs as Additional Insured.
4.4 CERTIFICATE OF INSURANCE
4.4.1 The Successful Bidder/Contractor will be required to provide within ten (10) days
after Notice of Award, to the Procurement Division Manager, a Certificate of Insurance and all required endorsements demonstrating that the Successful
Bidder/Contractor is carrying the required insurance limits above, which is required to remain in place throughout the project until final acceptance of the Work.
4.4.2 The City’s Risk Manager will review the Certificate of Insurance and endorsement(s), for determination of adequate coverage. The City’s Risk Manager will be the City’s
sole authority for determination of required coverage.
4.5 REVIEW AND APPROVAL BY CITY’S RISK MANAGER
4.5.1 The successful bidder will be required to provide within ten (10) days after Notice of Award, to the Procurement Division Manager, a Certificate of Insurance and all
required endorsements demonstrating that the successful bidder is carrying the required insurance limits above, which is required to remain in place throughout
the project until final acceptance of the work.
4.5.2 The City’s Risk Manager will review the Certificate of Insurance and
endorsement(s), for determination of adequate coverage. The City’s Risk Manager will be the City’s sole authority for determination of required coverage.
4.5.3 Services/products will not be ordered or officially commenced until the required Certificate(s) and endorsement(s) have been received and approved by the Risk
Manager.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
46
4.5.4 The City shall be notified in writing within ten days of any cancellation, notice of
cancellation, lapse, renewal or proposed change to any policy or coverage described herein. The City’s approval or failure to disapprove any policy/ies,
coverage or ACORD Certificates shall not relieve or excuse any obligation to the procure and maintain the insurance required herein, nor serve as a waiver of any
rights or defenses the City may have.
4.6 INDEMNIFICATION
The successful bidder will indemnify and hold City and its officers, directors, agents, employees harmless from and against any and all claims, demand, suits,
judgments, losses, or expenses of any nature whatsoever (including reasonable attorney fees through appeal) to the extent that they arise from or out of: any
negligent or reckless act or omission of the successful bidder, its officers, directors, agents or employees or to the extent that they arise from any intentional wrongful
misconduct of the successful bidder, its officers, directors, agents or employees, the parties specifically agreeing that intentional wrongful misconduct includes, but is
not limited to, any failure of a successful bidder, its employees, officers, directors or agents to perform hereunder in accordance with generally accepted standards
(professional and nonprofessional), or any other failure of the successful bidder, it’s officers, directors, agents or employees to comply with its performance obligations
hereunder. The provisions of this paragraph will survive the expiration or sooner termination of the resulting contract/agreement. The foregoing indemnification
shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
47
5 TECHNICAL SPECIFICATIONS
5.1 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS
5.1.1 General Introduction
The City of Altamonte Springs desires to secure the services of a minimum of two
(2) qualified Florida licensed certified General Contractors and/or Utility
Contractors to provide all necessary labor, equipment, tools, materials, supplies
and incidentals to perform utility infrastructure construction/modification and site
restoration within the City on a continuing service contract basis. The Work is
planned to be completed over a five (5) year period, with multiple project areas
assigned multiple Work Order Assignments. The first project area has been
identified as Hillcrest-Charter Oaks NEP with plan provided, to be priced on Base
Bid B form. The City’s desire is to complete the first Project Area before starting
additional Planned Project Areas. Similar Planned Project Areas have been identified on Attachment B - Future Project NEP Map. The preparation of the Base
Bid A has a quantity of one for each pay item entry. This entered unit price will become the contract maximum unit price established for current and future
projects for the term of this contract. Dependent on the scope of the future projects, these unit prices may be adjusted down if material cost are reduced or
scope allows. These other Planned Project Areas, depending on size, may become standalone projects or smaller project areas may be combined to generate a
project area of sufficient size to allow the Contractor to mobilize and perform
efficiently. These services may require coordination with other City Contractors for specific projects. All Work shall be scheduled to reduce the impacts to the
residents, businesses, and travelers through the City. Scheduling will include coordination with City events and other critical time related elements. The majority
of this Work is anticipated to be performed during daytime operations. Night time operations maybe required, when warranted, and will only be performed when
directed and permitted by the City.
5.1.2 Scope of Services
A. General Conditions
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
48
1. Contractor shall perform the infrastructure Work which includes, but shall not
be limited to, potable, sanitary, and reclaimed water pipe installations for four (4”) inch, six (6”) inch, eight (8”) inch, ten (10”) inch, twelve (12”) inch, and
sixteen (16”) inch asbestos concrete/PVC/Galvanized mains; installation/replacement of service lines; replacing deficient isolation valves;
addition of system gate valves; addition or modification of fire hydrants; installation of sanitary gravity and force main piping; lining in-place existing
sanitary lines; installation of sanitary manholes; installation of storm water structures and piping; roadway base and patching; installation of pavement
markings; miscellaneous concrete installation and repairs including sidewalks; driveways curb and gutter; installation or repair of roadway or sidewalk
pavers; replacement or installation of roadway signage; fence or railing installation or repair; irrigation system repairs; and lawn restoration. All
proposed restoration shall be limited to the affected construction limits, and field verified utilizing pre and post construction photos taken by the City, and
photos provided to the City from the awarded Contractor.
2. Contractor shall provide all labor, travel, fuel, transportation, supervision, maintenance of traffic, equipment, tools, materials, supplies, permitting (when
required) and incidentals required for new installations or repairs, as necessary to perform all Work specified.
3. All Maintenance of Traffic (MOT) shall conform with FDOT requirements and the MUTCD.
B. Working Hours
1. Standard Hours
a. Standard Hours - are the established working hours for this Contract defined as Monday through Friday, between 7:00 AM and 5:30 PM.
b. Contractor shall have personnel available to perform the contracted
services for the City for all days and times covered in the Contract period. Contractor availability cannot be waived by notification.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
49
c.Contractor must be reachable by telephone twenty-four (24) hours per
day, seven (7) days per week, and have the ability to respond to projectissues in a timely manner.
d.No Work shall proceed outside these standard hours by the Contractor
without prior written approval of the City for the use of non-standardhours.
2.Non-Standard Hours
a.Non-Standard Hours – are the established working hours for this Contract
defined as Monday through Friday, between 5:31 PM to 6:59 AM, weekenddays, and all City observed holidays.
b. No Work shall proceed during these hours by the Contractor without prior
coordination and receipt of written approval of the City.
c.Work under the non-standard hours may require additional permitting tobe obtained prior to scheduling of the Work. Noise Permits and Holiday
Permits shall be coordinated with the City when Work requires theissuance of these.
C. Contractor’s Personnel Qualifications
1.Contractor shall submit any copies of licenses, certificates, and other pertinent
information for all proposed supervisory personnel, and subcontractors forother trades as required for the completion of this project.
2.Contractor shall be capable of performing all of the services contemplated oras described in this Solicitation document.
D.Contractor’s Responsibilities
1.Contractor is responsible for all means and methods required to perform the
contracted Work. All Work shall meet the minimum standards established by
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
50
the prevailing trade for each portion of the Work and to the specific trade
industry standards.
2. Contractor shall require all of their employees and/or sub-contractors to have
a company identification badge for each employee and/or sub-contractor on secured City project sites.
3. Contractor personnel must follow all applicable rules, regulations, operational procedures, and guidelines associated with accessing various secured City
facilities.
4. Contractor is responsible for obtaining all permits required to complete the
Work. The cost of City permits may be waived by the City for specific portions of this project. The permit fees associated with other agencies shall be
invoiced at cost, with no mark-up to the City when reimbursement to the Contractor is allowed.
5. Contractor shall be responsible for obtaining all MOT devices, temporary barricades, fencing, and necessary to safely secure site location and their
stored materials.
E. Subcontracting
1. Contractor shall not subcontract any part of Work as specified herein, with any subcontractor not listed on the List of Subcontractors Form (SC-1) without
the prior written approval of the City. The City may revoke approval of any sub-contractor when such sub-contractor evidences an unwillingness or
inability to perform the Work in strict accordance with the Contract provisions. Notice of such revocation of approval will be provided in writing, by the City,
to the Contractor. Contractor shall cause appropriate provisions to be inserted in all approved subcontracts relative to the Work to bind sub-contractors to
the terms of the Contractor’s Contract, insofar as applicable to the Work of sub-contractors, and provide language regarding the termination of any
subcontracts that the City may exercise over the Contractor under provisions of this Solicitation or Contract Documents.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
51
2. City’s approval of a sub-contractor shall not relieve the Contractor of any of
their responsibilities, duties, and liabilities hereunder. The Contractor shall besolely responsible to the City for the acts, defaults, or omissions of their sub-
contractor and of such sub-contractor’s officers, agents, and employees, eachof whom shall for all purposes be deemed to be the agent or employee of the
Contractor. Nothing contained in the Solicitation or Contract Documentsshall create any contractual relationship between the Contractor’s sub-
contractor and the City.
3.It is the responsibility of the Contractor to require all sub-contractors to
maintain adequate insurance coverage, equal to the minimums of theContractor.
4.All Work subcontracted through the Contractor shall have an allowablemarkup, not to exceed five (5%) percent on the total cost of the sub-
contractor’s proposal. Contractor shall submit a copy of the sub-contractors,proposal, which shall include all labor and materials itemized when submitting
their invoice to the City for payment processing.
F.Workmanship
1.Contractor shall perform all of the Work and furnish, at its own expense, all
labor, materials, equipment, transport, and other facilities, except as hereinotherwise provided, as necessary and proper for performance and completion
of the Work under the Contract. Contractor shall be responsible for the entireWork until completion and final acceptance has been received from the City.
2.The Work shall be performed in accordance with the intent and specificationsof the Contract Documents. Unless otherwise expressly provided, the Work
must be performed in accordance with the best method practices, withmaterials as specified, and with workmanship of the highest quality, as
determined by and to the satisfaction of the City.
3.Contractor shall supervise and direct the Work. Contractor shall use adequate
and safe procedures, methods, structures, and equipment in the performanceof the Work. The City’s approval or their failure to exercise their right there on
shall not relieve the Contractor of their obligations to accomplish the resultintended by the Contract.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
52
4. Contractor shall conform to all Federal, State, County, and City laws,standards, codes, rules, and regulations during the performance of the
Contract. Any fines levied due to inadequacies, or failure to comply with anyand all requirements shall be the sole responsibility of the Contractor to
satisfy. Any person found not in compliance with any laws, statutes, rules, orregulations will not be allowed on the Work sites. Continued violations by
the Contractor shall constitute cause for termination of the Contract.
5.During the progress of the Work and up to the date of final acceptance, theContractor shall, at all times, afford the City, the FDOT, representatives of
other jurisdictional agencies, and if applicable, the Federal Department ofLabor safe access to project sites for the purpose of inspecting the Work in
progress. The performance of these inspections shall not relieve theContractor of any of his obligations to perform proper and satisfactory Work
as herein specified. Finished or unfinished Work found during theseinspections not to be in strict accordance with the Contract shall be remedied
as directed by the City.
6.The City retains the right to reject materials and workmanship, which aredefective or require correction. Rejected Work or materials must be promptly
removed from the site. Failure or neglect on the part of the City to condemnor reject defective or inferior Work or materials shall not be construed to
imply an acceptance of such Work or materials. Neither shall it be construedas barring the City, at any subsequent time, from the recovery of damages of
such, or sum of money, as may be required to correct or complete the portionof the deficient, inferior, or improper Work or materials wherever found.
H.Materials
1.Contractor shall be responsible for the provision of the required materials,
their transportation, receipt, and the equipment required to place thematerials at the project locations as required to complete the various
projects.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
53
2. City reserves the right to furnish materials to the Contractor, when deemed
to be in the best interest of both parties.
3. Contractor shall coordinate the deliveries City provided materials required for completion of the Work. Materials shall remain the property and
responsibility of the Contractor until they are incorporated into the Work and have been accepted by the City. No additional charges will be allowed
for the delivery, handling, or on-site storage of materials needed for the Work.
4. All materials installed and accepted by the City at completed Work sites shall
become the property of the City.
5. All milling materials removed from sites shall become the property of the Contractor unless noted otherwise. Contractor shall deliver to the City the
established quantities of removed materials, upon request. Delivery of the removed materials shall be to the City shall be via City provided dump truck.
6. Contractor shall notify the City when materials required to complete the
Work are identified as not locally available. Contractor shall coordinate with the City to arrange for the best option for order and shipment of these
required materials or parts. City shall be responsible for the all purchase, freight, and other costs for City provided materials. Contractor shall be
responsible for the all purchase, freight, and other costs for Contractor provided materials.
I. Safety and Protection of Property
1. Contractor shall at all times:
a. Initiate, maintain, and supervise all safety precautions, and programs in connection with the work and for complying with all requirements of the
Occupation Safety and Health Administration (OSHA) and any other industry, federal, state or local government standards. The contractor(s)
shall take all necessary precaution for the safety of, and shall provide the
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
54
necessary protection to prevent damage, injury or loss to persons or
property.
b.Take all reasonable precautions to prevent injury to their employees, Cityemployees, the general public, and all other persons affected by
Contractor’s operations.
c.Take all reasonable precautions to prevent damage, or loss to private
property, and property of the City of Altamonte Springs. The Contractorshall be held responsible for replacing, or repairing any such loss or
damage to the satisfaction of the City and the private property owner.
d.All safety devices installed by the manufacturer on the equipment that is
utilized by the contractor(s) on the job site must be in place and inproper working order at all times. The contractor(s) shall immediately
repair or remove the equipment from service until the deficiency iscorrected to the satisfaction of the City.
e.Comply with all ordinances, rules, and regulation standards associatedwith the Work.
f.The City may periodically monitor the work site for safety. Should there besafety or health issues, the City will have the authority, but not the duty,
to require the contactor(s) to correct the violation in an expeditiousmanner. If there is any situation that is deemed unsafe by the City, the
project will be shut down immediately upon notice and will not resumework until the unsafe condition has been remedied.
g.The contractor(s) shall erect and maintain, as required by existingconditions and contract performance, safeguards for safety and
protection such as barricades, danger signs, a construction fence, andother warnings against hazardous conditions.
h.The contractor(s) shall confine all equipment, materials and operations to
the project site and areas identified in the contract documents. Thecontractor(s) will assume all responsibility for any damage to any such
area resulting from the performance of work.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
55
i. The contractor(s) is reasonable for notifying the City of any hazardous
materials used on the work site and providing the City a copy of the Safety Data Sheets (formerly MSDAS). Any spillage of hazardous
chemical or wastes by the Contractor(s) must be reported to all applicable Federal, State and Local authorities, as well as notification to
the City as soon as reasonable.
j. Contractor(s) hereunder shall comply with all personal protective equipment (PPE) as required by Federal, State and Local agencies, laws,
ordinances, rules and guidelines. Failure to comply shall be considered material breach of contract. The contractor shall be responsible for the
protection of all personnel against hazards and/or injuries due to the work being performed under this contract.
k. Contractor(s) shall provide all proper tools, ladders, materials/supplies,
testing equipment and transportation related to this contract. Contractor(s) is solely responsible for damage caused by its materials,
equipment, workers, or agents.
l. Contractor(s) shall make every effort to maintain a clean, quiet, and orderly work area throughout the term of this project. No materials or
equipment shall be left on the site when the contractor’s workers or agent are not present. There is no onsite storage.
m. Contractor(s) shall remove all waste from the work site(s) upon
completion, as needed.
n. Any equipment or tools left on site is the responsibility of the contractor(s). The City shall not be held responsible for damage or theft.
5.2 SUPPLEMENTAL CONDITIONS
5.2.1 The Contractor shall protect all existing, and newly installed Work, materials, equipment, improvements, utilities, structures, buildings fencing, pipe and
underground structures, roadways, and vegetation (including grass) at all times during the course of Work performed under this award. The Contractor shall erect,
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
56
and maintain adequate barricades around all areas where equipment and materials
are being stored, and used. All grass areas, and/or private property that is damaged while Work is under construction shall be restored to its original condition by the
Contractor. It is recommended the Contractor, its employees, agents or sub-contractors, during the course of this award, immediately repair, restore, or replace
any such damages to the satisfaction of City prior to completion of Work at the Contractor own expense.
5.2.2 The Contractor is responsible for locating overhead and underground existing utility (OH-power or telecom lines, etc.; UG-manholes, valves, stormwater
structures, etc.) elements that may be affected by the required Work. Utility damages, in any way, shall be the responsibility of the Contractor to have such
damages repaired or replaced at Contractor expense to the satisfaction of the Utility Provider.
5.2.3 In case of failure on the part of the Contractor to restore such utility, or make good such damage or injury, the City may, upon forty-eight (48) hours written notice,
proceed to repair, rebuild, or otherwise restore such utility as may be deemed necessary, and the cost thereof will be deducted from any monies due or which
may become due the Contractor under the Contract.
5.2.4 Work shall not be considered complete until damages that have occurred, if any,
have been repaired to the satisfaction of the City or the Utility Provider.
5.2.5 During performance and until final acceptance of the Work, the Contractor is
obligated to protect the finished and unfinished Work against any damage or loss. The Contractor shall take proper precaution to protect the in-place Work from any
such loss or damage, prior to final acceptance by the City. All costs to repair or mitigate such loss or damage shall be at the responsibility of the Contractor,
whether these arise from acts or omissions of the Contractor. The Contractor shall make repairs, replacements, and make good the damaged utilities and site
restorations without compensable extensions of time to the Contract.
5.2.6 The Contractor shall, at all times, keep the Work site free of all waste, or surplus
materials, rubbish, and debris which is caused by the Contractor, its employees, sub-contractors or agents.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
57
5.2.7 During progress of the Work, other City Staff or other Contractors may be engaged
in the performance other Work on the site. In these events, the Contractor shall coordinate the Work to be performed with other City Staff or other Contractors in
such a manner so as not to delay or impact the Work of all engaged parties.
5.3 SPECIAL CONDITIONS
5.3.1 Supervision
The City shall not exercise any supervision or control over the Contractor employees performing services under the Contract. Said employees shall be
accountable not to the City, but solely to the Contractor, who, in turn, are responsible to the City.
5.3.2 Inadequate Service In cases where materials or services are not properly delivered, performed and/or
installed, the Contractor will either remedy the defect to the satisfaction of the City or be responsible for reimbursement of the difference to the City for the
subsequent Contractors selected to remedy the defect. Acceptance of materials or services shall remain in the City’s sole discretion.
5.3.3 Protection of Property At all times, the Contractor shall guard from damage or loss of property of the City,
or of other City Contractor, and shall replace or repair any loss or damage unless such damage is caused by the City or other City Contractor. The City may withhold
payment, or make such deductions as it might be deemed necessary, to ensure reimbursement for loss of damage to property through negligence of the
Contractor or their agents.
5.3.4 Unsatisfactory Work
Unsatisfactory Work shall be corrected by the Contractor within twenty-four (24) hours of notification by the Engineer, Architect or the City.
5.3.5 Site Control
5.4 CONTRACTOR QUALIFICATIONS AND EVALUATION OF BIDDER In order for the City to determine if the Bidder is responsible and to evaluate the
ability of a Bidder to provide the services called for in this Solicitation, the
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
58
documents below are required to be submitted with the Proposal Bid Form. Failing
to submit the documents may lead to the Bid submittal in question being deemed non-responsive.
5.4.1 State Contractor’s License: Bidder to submit copy of current active State of Florida General Contractor License issued by the State of Florida Construction Industry
Licensing Board according to the Florida Statutes, Chapter 489 and be licensed by all other federal, state, county, and municipality agencies which may have
jurisdiction over the type of Work performed under this contract.
5.4.2 Sub-Contractors List:
Bidders are required to disclose a complete list of sub-contractors (SC-1) [Important: review Section 4 “Insurance Requirements Specifications” for sub-
contractor insurance requirements]. Bidders are required to use the form provided with this Solicitation document, and submit the list with their Proposal
Bid Form. Sub-contractors list is required, and not a technicality that the City waives. Therefore, Bidders should make sure the list is submitted and complete by
listing all trades required to complete this project that the Bidder will not perform. The City will reject any Bid submittal that does not include a sub-contractors list or
if the list is found incomplete. Bidders are not allowed to change or add sub-contractors without just cause approved by the City.
5.4.3 INSURANCE: Bidder to submit proof of insurance in the form of a Certificate of Insurance or
Insurance Declaration page. This should comply with all limits as addressed in Section 4. If the Bidder currently does not meet all the limits outlined in Section 4
the Bidder shall supply with their submittal a letter from their insurance company that they are able to purchase the required limits of this Solicitation.
5.4.4 YEARS IN BUSINESS: The Bidder shall have been in the General Contracting or Utility Contracting type
business for a minimum of the last five (5) years. The City will confirm years in business on State of Florida Department of Corporations SunBiz website
(http://dos.myflorida.com/sunbiz/search/). If search yields no results, the Bidder to submit other similar evidence acceptable to the City, such as:
• Federal/State/County/Local/Etc. Business Registration showing the business established date or effective registration date.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
59
•Business Tax Receipt for past five (5) years issued by the governmental
agency where the business is located.
Note: If there was a name change within the past five (5) years, legal evidence
of such name change filing may be required.
5.4.5 EXPERIENCE/REFERENCES:
The Bidder to complete and submit references on the City provided List of References Form. (R-1)
Provide a minimum of three (3) references. References shall be of similar scope and supplied within the past three years (3) years. References must be able to attest
without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind during the Contract
period.
5.4.6 VENDOR STATUS:
Vendor/Bidder should not be on the State of Florida “Scrutinized List of Prohibited Companies” List. The City will verify Bidder is not on the list at Scrutinized List of
Prohibited Companies.
5.4.7 FEDERAL EXCLUDED PARTIES LIST:
Bidder should not be on the Federal Excluded Parties List. City will verify Bidder is not an excluded party on the SAM website.
5.4.8 E-VERIFY (per F.S. 448.095): Bidder/Vendor is E-Verify registered. Bidder is required to provide Memorandum
of Understanding issued by E-Verify with their submittal. E-Verify issues the Memorandum of Understanding once the full registration process is complete. The
Bidder must be registered before the submittal due date to comply with this section.
5.4.9 List of Equipment: Complete the List of Equipment to include equipment available to perform the
Work.
List should include the year, make and model of the vehicles that are owned or leased for the Work that is detailed herein.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
60
5.4.10 List of Supervisory Personnel:
Complete List of Supervisory Personnel, to include the name, title, and any certifications obtained to perform the Work.
Bidder must submit the name and proof of either one (1) employee or a
subcontractor that maintains a State of Florida MOT certificate and capable of producing MOT plans for the identified projects. This employee or subcontractor
shall have experience for the establishment of Maintenance of Traffic on FDOT right-of-way within the last three (3) years.
Note: All delivery personnel must have a valid Florida Driver’s License.
5.5 CONFLICT OF INTEREST All Bidders must disclose, with their bid submittal, the name of any officer, director,
or agent who is also an officer or employee of the City of Altamonte Springs. Furthermore, all Bidders must disclose the name of any City of Altamonte Springs
officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder’s firm or any of its branches, subsidiaries, or
partnerships. Failure to disclose in this manner will result will result in the disqualification of the Bidder or the cancellation of work. It is the sole responsibility
of the Bidder to ensure compliance with this requirement. Please complete and submit “CONFLICT OF INTEREST STATEMENT FORM” with your submittal.
5.6 NON-COLLUSION/LOBBYING CERTIFICATION All Bidders shall file a statement executed by, or on behalf of the person, firm,
association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the bid submittal. In addition, no
City appropriated funds have been paid to any person for influencing or attempting to influence a member of the City Commission, City Manager or any
City employee in connection with the awarded agreement as a result of this solicitation process. Please complete and submit “NON-COLLUSION/LOBBYING
CERTIFICATION FORM” with your submittal.
5.7 DEBAREMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
CERTIFICATION
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
61
The prospective contractor of the City of Altamonte Springs, certifies, by
submission of a bid and signing the “Proposal Bid Form”, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Please complete and submit “DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS CERTIFICATION FORM” with your submittal.
5.8 GRANT FUNDING COMPLIANCE Funding under this contract will be partially provided by the United States
Department of the Treasury. As such, all applicable federal guidelines, including, but not limited to the following are hereby incorporated herein by reference. The
Contractor shall abide by all applicable federal guidelines at all times throughout the execution and completion of this project.
A. Procurement Standards – 2 CFR 200.317 through 200.326
Appendix II to 2 CFR Part 200 – Contract Provisions For Non-Federal Entity
Contracts Under Federal Awards.
5.9 ADDITIONAL TECHNICAL SPECIFICATIONS
5.9.1 Refer to ITB No. 23-009 RS Attachment C – Technical Specifications.
5.10 ITEMIZED BID FORM (ELECTRONIC VERSION)
To facilitate Bidders and the City, the City will provide and post an Excel version of the Itemized Bid Form as a separate document.
Bidders are to submit a hard copy only of the current version of the Itemized Bid Form (IBF) in their sealed Bid. However, Bidders should be prepared to provide the
Itemized Bid Form (IBF) electronically after the Bid submittal due date and time. The City will send an email immediately after the Bid opening with instruction on
where to submit the completed Excel spreadsheet. The deadline to submit the electronic IBF will by 4:30 PM on the same day as the scheduled Bid submittal due
date. The unit prices on the completed Excel spreadsheet must match the unit prices as submitted in their sealed Bid submittal. If there is a discrepancy, the unit
price on the hard copy IBF submitted in the sealed Bid will prevail.
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
62
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Company Name: ________________________________________________________________________ PBF - 1
PROPOSAL BID FORM
To: Procurement Division City Hall, Suite 1030
CITY OF ALTAMONTE SPRINGS 225 Newburyport Avenue
Altamonte Springs, FL 32701
The undersigned hereby declares that after carefully examining these Bid
Documents am fully aware of all conditions affecting such Work, for which Bids were advertised to be returned by 11:00 AM, Wednesday, January 18, 2023, does hereby submit
the following Bid for completion of said Work.
CITYWIDE INFRASTRUCTURE
POTABLE, SANITARY, RECLAIMED, AND STORMWATER WITH SITE RESTORATION
BASE BID ‘A’ – PLANNED PROJECT AREAS
TOTAL BASE BID ‘A’ AMOUNT (In Numbers)
TOTAL BASE BID ‘A’ AMOUNT (In Writing)
CITYWIDE INFRASTRUCTURE
POTABLE, SANITARY, RECLAIMED, AND STORMWATER WITH SITE RESTORATION
BASE BID ‘B’ – HILLCREST-CHARTER OAKS NEP
TOTAL BASE BID ‘B’ AMOUNT (In Numbers)
TOTAL BASE BID ‘B’ AMOUNT (In Writing)
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Company Name: ________________________________________________________________________ PBF - 2
Per Section 5.4.1 REQUIRED
A copy of current and active State of Florida General Contractor License.
□Yes or □ No
Per Section 5.4.2 REQUIRED
A copy of Sub-Contractors List is attached to the
submittal. (SC-1)
□Yes or □ No
Per Section 5.4.3 REQUIRED
An unendorsed insurance certificate or letter from
insurance agent conforming to Section 4 requirements is included in submittal.
□Yes or □ No
Per Section 5.4.5 REQUIRED
A copy of the Bidders Project Experience - References is attached to the submittal. (R-1)
□Yes or □ No
Per Section 5.4.8 REQUIRED
E-Verify Memorandum of Understanding has beenincluded in the submittal.□Yes or □ No
Per Section 5.4.9: REQUIRED A copy of the Bidders List of Equipment is attached to
the submittal. (E-1)
□Yes or □ No
Per Section 5.4.10: REQUIRED
A copy of the Bidders List of Supervisory Personnel is
attached to the submittal. (P-1)
□Yes or □ No
FOR THIS BID TO BE CONSIDERED VALID
IT IS MANDATORY THAT THE BID BE SIGNED IN THE SPACE PROVIDED BELOW
The Bidder hereby acknowledges receipt of the following Addenda,
if any: No.________ Dated ____________________
No.________ Dated ____________________ No.________ Dated ___________________
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Company Name: ________________________________________________________________________ PBF - 3
The City reserves the right to accept any or all Bids, to waive informalities, and to
reject all or any part of any Bid as they may deem to be in the best interest of the City.
This Proposal Bid Form is a mandatory form to ease Bid tabulation and analysis; however, additional supportive forms can accompany it. An officer or representative who
has official authorization to sign Bids MUST sign this Proposal Bid Form. Failure to sign
in the space provided below will result in the Bid being rejected.
Bids not received by advertised due date and time (see Bidding Instruction Terms
and Conditions section) will be returned to the sender unopened.
Signing the Proposal Bid Form affirms that the original Invitation for Bid
document has not been altered in any way.
Company Name (as it appears on the W9) ______________________________ D/B/A Name (if applicable) ______________________________
F.E.I.N ______________________________ DUNS ______________________________
Name of Owner/Partner/Officer (Print) ______________________________
Title/Position of Owner/Partner/Officer (Print) ______________________________
Signature of Owner/Partner/Officer Ξ_____________________________
Business Telephone ______________________________
Fax Telephone ______________________________ Email Address ______________________________
Business Address ______________________________
City/State/Zip ______________________________
Mailing Address ______________________________ City/State/Zip ______________________________
Address To Send PO ______________________________
City/State/Zip ______________________________ Remittance Address ______________________________
City/State/Zip ______________________________
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Company Name: ________________________________________________________________________ R - 1
PROJECT EXPERIENCE INFORMATION - REFERENCES
In order to assure quality execution of the Project, the Bidder (Contractor and/or their sub-contractor) must submit on the Project Experience Information form below. The
Contractor qualifications must be met with a minimum of three (3) separate infrastructure type projects of similar size and nature. The Bidder shall clearly indicate how
the submitted projects meets the qualifications for each project experience type requested. Please provide enough forms to comply with this qualification.
Bidder (Contractor
Name):
Project Experience For: □ Bidder/Contractor □ Bidders Sub-Contractor
Project Experience Type: □ The Bidder must have a minimum of five (5) years of
infrastructure with site restoration project experience performed for municipalities.
□ The Bidder shall provide a list of three (3) clients in which the Contract amount is similar to the City’s anticipated
Contract amount.
Project Name:
Project Cost:
Project Dates Start Date Completion Date
Project Description:
Project
Owner:
Owner Name
Owner Address
Owners
Project Manager:
Project Mgr.
Name Project Mgr. Bus.
# Project Mgr.
Email:
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
Company Name: ________________________________________________________________________ R - 2
RETURN THIS FORM WITH THE PROPOSAL BID FORM
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, &
STORMWATER WITH SITE RESTORATION (ARPA)
Company Name: ________________________________________________________________________ SC-1
LIST OF SUB-CONTRACTORS
As per the Insurance Requirements Specifications Section, below is a list of sub-contractors and
verification that the sub-contract is insured per the Section 4.
Before the City can issue a purchase order and authorize the Successful Bidder/Contractor to proceed, the
Successful Bidder/Contractor may be required to provide proof of insurance for any subcontractor, either by submitting a certificate of insurance indicating the Successful Bidder/Contractor as the insured for
workers’ compensation statutory limits coverage, or individual certificates of insurance from each subcontractor. Certificates of exemption for these subcontractors will not be accepted in lieu of proof of
coverage.
IF NO SUB-CONTRACTOR(S) EMPLOYED FOR THIS PROJECT
I certify that our Company as the prime Bidder will perform all Work and no subcontractors will be utilized for this
Solicitation/Contract.
______________________________________ _____________________________ ____/____/_____ Signature Title Date
IF SUB-CONTRACTOR(S) WILL BE EMPLOYED FOR THIS PROJECT
Name of Sub-contractor Business Address
(City/State only)
Trade
(brief description)
Insured per Section 5
(Indicate - Yes/No)
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
THIS FORM MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL BID FORM
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, &
STORMWATER WITH SITE RESTORATION (ARPA)
Company Name: ________________________________________________________________________ SC-1
LIST OF EQUIPMENT
EQUIPMENT TYPE (Backhoe, Truck, Skid Steer, etc.,) Year Make & Model Ownership (Owned or Rented)
THIS FORM MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL BID FORM
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, &
STORMWATER WITH SITE RESTORATION (ARPA)
Company Name: ________________________________________________________________________ SC-1
LIST OF SUPERVISORY PERSONNEL
EMPLOYEE NAME EMPLOYEE TITLE YEARS EMPLOYED CERTIFICATES HELD
THIS FORM MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL BID FORM
INVITATION TO BID
ITB-23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, &
STORMWATER WITH SITE RESTORATION (ARPA)
Company Name: ________________________________________________________________________ SC-1
BID BOND
STATE OF FLORIDA ) ss COUNTY OF )
CITY OF )
KNOW ALL MEN BY THESE PRESENTS, that we, ____________________________ as Principal, and
__________________________________, as Surety, are held firmly bound unto the City of Altamonte Springs, Florida,
in the penal sum of $___________________ _________________________ Dollars (Total Sum Written in Words), lawful
money of the United States, for the payment of which sum will and truly be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the attached Bid, dated ___ ________ , 20 , for Bid No: 23-009-RS entitled CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED & STORMWATER, WITH SITE RESTORATION. NOW THEREFORE, if the Principal shall withdraw said Bid prior to the date of opening the same, and guarantee a performance and payment bond with good and efficient surety or sureties as may be required, for the faithful performance and proper fulfillment of such contracts and for the prompt payment of persons furnishing labor or materials in connection therewith, or in the event shall within ten (10) days after the prescribed forms are presented to him for signatures, enter into a written Contract with the City of Altamonte Springs, Florida, in accordance with the Bid as accepted. In the event of the failure to enter into such Contract within the time specified the Principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and/or supplies, provided the latter
amount to be in excess of the former, then the above obligations shall be void and of no effect; otherwise,
to remain in full force and virtue.
IN WITNESS WHEREOF, the above written parties have executed this instrument under their several
seals this ________ day of _________________, 20 _____, the name and corporate seal of each corporate party being
hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
C - 1
Master Contract AB23009A
TERM CONTRACT FOR CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED & STORMWATER WITH SITE RESTORATION
Base Bid A – Planned Project Areas
KNOW ALL MEN BY THESE PRESENTS, that _______________________________ hereinafter referred to as contractor, as Principal, and __________________________________ of ______________________________________ , Florida, hereinafter called Surety, as Surety, are held and firmly bound unto Altamonte Springs, a political subdivision of the State of Florida, as Oblige, in the full and just sum of _____________________________________ DOLLARS, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Developer and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the contractor has constructed certain works in Altamonte Springs, Florida, known and identified/titled as Sub-Contract No. AB23009A-XX entitled, [INSERT NAME OF
PROJECT]. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the contractor
shall maintain said works in first class condition for a period of two (2) years from the date of
completion and replace all works which shall be found to be defective within a two (2) year period
commencing after a Certificate of Completion has been issued by the City and shall pay any and
all costs or expense incidental to the performance of any work required to be performed hereunder, then this obligation to be void; otherwise to be and remain in full force and effect. The Engineer shall notify the principal in writing of any defect for which the principal is responsible and shall specify in said notice a reasonable period of time with which principal shall have to correct said defect. The surety unconditionally covenants and agrees that if the principal fails to perform within the time specified, the surety, upon thirty (30) days written notice from the City or its authorized agent or officer, will forthwith correct such defect or defects and pay the cost thereof, including, but not limited to, engineering, legal and contingent costs. Should the surety fail or refuse to correct said defects, the City, in view of the public interest, health, safety, welfare and factors involved, and the consideration in approving and filing the said plat shall have the right to resort to any and all legal remedies against the principal and surety and either, both at law and in equity, including specifically, specific performance to which the principal and surety unconditionally
agree.
C - 2
The principal and surety further jointly and severally agree that the City, at its option, shall have the right to correct said defects resulting from faulty materials or workmanship, or pursuant to public advertisement and receipt of bids, caused to correct any defects or said defects in case the principal shall fail or refuse to do so, and in the event the City should exercise and give effect to such right, the principal and the surety shall be jointly and severally hereunder to reimburse the City the total costs thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account
of the failure of the principal to correct said defects.
The principal and surety acknowledge that Section 255.05 of the Florida Statutes states
"Any person entering into a formal contract with the state or any county, city, or
political subdivision thereof, or other public authority, for the construction of any public building,
for the prosecution and completion of any public work, or for repairs upon any public building or
public work shall be required, before commencing the work, to execute a payment and
performance bond with a surety
"A claimant, except a laborer, who is not in privity with the contractor and who has
not received payment for his labor, materials, or supplies shall, within forty-five (45) days after
beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the
contractor with notice that he intends to look to the bond for protection." "A claimant who is not in privity with the contractor who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after the performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment." "No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given." "No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies." "The payment provisions of all bonds furnished for contracts described above shall, regardless of form, be construed and deemed statutory bond provisions, subject to all requirements as stated above." "All bonds executed pursuant to this section shall make reference to this section by number, and shall contain reference to the notice and time limitation provisions of this section."
SIGNED, SEALED AND DATED this the ___________________ day of __________________,
A.D., 20___.
__________________________(Seal)
Witness ___________________________ Witness ___________________________ By:______________________________SURETY
C - 3
CONTRACT AB23009B
POTABLE, SANITARY, RECLAIMED, AND STORMWATER WITH SITE RESTORATION BASE BID ‘B’ – HILLCREST-CHARTER OAKS NEP
THIS AGREEMENT, made and concluded this day of , 20__, by
and between the City of Altamonte Springs, hereinafter generally called the Owner, and [insert successful vendor name] hereinafter generally called the Contractor.
WITNESSETH, that for and in consideration of the payments and agreements to be
made and performed by the Owner, Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work included in ITB No: 23-009, entitled
TERM CONTRACT FOR UTILITY INFRASTRUCTURE & SITE RESTORATION – HILL CREST - CHARTER OAKS NEP for {award amount} in accordance with attached Contract
Documents, and in full compliance with this Agreement.
And the Contractor agrees to receive the prices stated in the Proposal Bid Form attached in full compensation for furnishing material and labor in moving materials and
executing all the work contemplated in this Contract; the Contractor, for such consideration, shall be responsible for and hereby does indemnify Owner from and
against any and all loss or damage, including attorney’s fees and costs, arising out of the performance of the work aforesaid or from any action of elements; of every description
encountered in connection with the work, and furnishing the materials.
The work on the site is to be commenced when directed in writing by the
Procurement Division or authorized representative, and to be diligently prosecuted to
completion within/by 240 calendar days from receipt of the Notice to Proceed.
To prevent all disputes and litigations, it is agreed by and between the parties to this Contract that the Owner shall in all cases determine the quality and quantity of the
several kinds of work and materials which are to be paid for under this Contract, and shall determine all questions in relation to lines, levels and dimensions of the work, and as to
the interpretation of the requirements and specifications.
Payment shall be made in accordance with provisions as outlined elsewhere in these specifications.
C - 4
The Contract Documents shall consist of this Contract and the following:
• Formal Bid Document
• Drawings/Plans
• Addendums
• Proposal Bid Form (as submitted by the bidder)
• Payment & Performance Bond (if required by the bid document)
This Agreement, together with these documents, forms the contract, and they are
as fully a part of the contract as if hereto attached or herein repeated.
The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the
covenants herein contained.
IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT:
OWNER City of Altamonte Springs
225 Newburyport Avenue Altamonte Springs FL 32701
Attest: Owner:
_________________________ _____________________________
(Signature) _____________________________
(Name, Written or Typed) _____________________________
(Title, Written or Typed)
CONTRACTOR [insert successful vendor name]
[insert successful vendor business address] [insert successful vendor city/state/zip]
Attest: Officer:
_________________________ _____________________________
C - 5
(Signature) AFFIX CORPORATE SEAL _____________________________
(Name, Written or Typed) _____________________________
(Title, Written or Typed)
TOTAL CONTRACT AMOUNT: $_______________
Bond No: ______________________________
PPB - 1
PERFORMANCE AND PAYMENT BOND CONTRACT NO. AB23009B
UTILITY INFRASTRUCTURE & SITE RESTORATION – HILLCREST-CHARTER OAKS NEP
KNOW ALL MEN BY THESE PRESENTS that, we
_________________________________________________
(Name of Contractor)
_________________________________________________
(Principal Business address of Contractor)
____________________________
(Telephone number of Contactor)
_________________________________________
(a corporation, partnership, individual) as Principal and
_______________________________________________________
(Name of Surety)
______________________________________________________
(Principal Address of Surety)
____________________________
(Telephone number of Contactor)
as Surety, are bound to: CITY OF ALTAMONTE SPRINGS
225 Newburyport Avenue Altamonte Springs FL 32701
407-571-8080
a Political Subdivision of Seminole County in the State of Florida as Owner, in the sum of $______________________, for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes, as the same may be amended.
Bond No: ______________________________
PPB - 2
WHEREAS, the CONTRACTOR has entered into a certain written Contract with the "CITY" dated the for Bid No. 23-009 entitled, TERM CONTRACT
FOR UTILITY INFRASTRUCTURE & SITE RESTORATION – HILLCREST CHARTER OAKS AREA NEP, with the conditions and provisions as are further described in the aforementioned
contract, which contract is by reference made a part hereof for the purpose of explaining this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that if
Contractor shall fully, promptly and faithfully perform said contract and all obligations
hereunder, including all obligations imposed by the contract documents (which include
the Notice to Bidders, Instructions to Bidders, Proposal Bid Form, General Specifications
and Detail Specifications, Form(s) of Contract Bond(s), Plans and Specifications, and such
alterations thereof as may be made as provided for therein) and shall promptly make
payments per Section 255.05(1), Florida Statutes to all claimants for any and all labor and
material used or reasonably required for use or furnished in connection with the performance of said contract, and shall perform all other covenants and obligations of
this bond, then this obligation shall be void; otherwise, it shall remain in full force and effect.
1. The undersigned shall indemnify and save harmless said Owner against and from all costs, expenses and damages, including litigation costs and attorney's fees
arising out of, or in connection with the neglect, default or want of care or skill, including patent infringement on the part of said Contractor, his agents, servants or employees in
the execution or performance of said contract. 2. The undersigned shall promptly make payment to all persons supplying
services, labor, material or supplies used directly or indirectly by said Contractor, or any subcontractor or subcontractors, in the prosecution of the work provided for in said
contract. 3. The undersigned agree to promptly pay to the Owner any difference
between the sum to which the Contractor would be entitled on the completion of the contract and the sum which the Owner may be obligated to pay for the completion of
said work by contract or otherwise, including any damages, direct or indirect, or consequential, which the Owner may sustain by reason of the failure of the Contractor to
properly and promptly perform and abide by all of the provisions of said contract. 4. The undersigned covenant and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work to be performed there under, or the specifications accompanying the same shall in any way affect their obligation
on this bond and they do hereby expressly waive notice of any such change, extension of time, alteration or addition.
5. Subject to the Owner's priority, any claimant furnishing labor or materials for said job, whose claim remains unpaid for more than ninety (90) days after the due
Bond No: ______________________________
PPB - 3
date, shall have a direct right of action against the Principal and Surety under this obligation, after the written notice of the performance of work, labor or delivery of such
materials and non-payment thereof to the Contract. 6. The Contractor shall save the City harmless from any and all damages,
expenses and costs which may arise by virtue of any defects in said work or materials within a period of two years from the date of initial acceptance. The principle and surety
acknowledges that Section 255.05 of the Florida Statutes states: Any person entering into a formal contract with the state or any
county, city, or political subdivision thereof, or other public authority for the construction of any public building, for the prosecution and completion of
any public work, or for repairs upon any public building or public work shall be required, before commencing the work, to execute a payment and
performance bond with a surety insurer authorized to do business in this state as surety.
A claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall,
within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends
to look to the bond for protection. A claimant who is not in privity with the contractor who has not
received payment for his labor, materials, or supplies shall, within 90 days after the performance of the labor or after complete delivery of the materials
or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the
non-payment. No action for the labor, materials, or supplies may be instituted
against the contractor or the surety unless both notices have been given. No action shall be instituted against the contractor or the surety on
the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies.
The payment provisions of all bonds furnished for public work contracts described above shall, regardless of form, be construed and
deemed statutory bond provisions, subject to all requirements as stated above.
All bonds executed pursuant to this section shall refer to this section by number, and shall contain reference to the notice and time limitation
provisions of this section.
Bond No: ______________________________
PPB - 4
The above statutory requirement language shall not reduce or otherwise limit the contractor's and surety's liabilities and obligations to the City as otherwise provided
herein.
IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and said
Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this ______day of _______________, _________.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - -
PRINCIPAL/CONTRACTOR: ____________________________________________________
(Company Name)
By: _________________________________________________ (signature)
_____________________________________________________
(Print name and title) (Seal)
Signed, sealed and delivered in the presence of:
1. ___________________________________________________
2. ___________________________________________________
- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Bond No: ______________________________
PPB - 5
SURETY: ____________________________________________________
(Surety Name)
By: _________________________________________________ (signature)
_____________________________________________________
(Print name and title)
(Seal) Signed, sealed and delivered in the presence of:
1. __________________________________________________
2. __________________________________________________
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, & STORMWATER
WITH SITE RESTORATION (ARPA)
RL - 1
RELEASE OF LIEN CONTRACT NO. AB23009B
UTILITY INFRASTRUCTURE & SITE RESTORATION – HILLCREST-CHARTER OAKS NEP
KNOW ALL MEN BY THESE PRESENT, that for and in consideration to the sum of monies, set out in the accompanying Estimate Statement No. , is final, which quantity,
the receipt of which is hereby acknowledged, is accepted as full and complete
compensation for all work done, materials furnished and damages or claims arising under
the City of Altamonte Springs, Contract entitled TERM CONTRACT FOR UTILITY
INFRASTRUCTURE & SITE RESTORATION HILLCREST -CHARTER OAKS NEP AREA, by
________________________________________
Contractor on the Project
__________________________________(SEAL)
________________________________________
STATE OF ) COUNTY OF )
CITY OF ) I, , a Notary Public in and for the County
and State aforesaid, do hereby certify that , personally
known to me or has produced (type of identification)
as identification, appeared before me in this day and, after being by me duly sworn did depose and say that of has completed
the contract awarded to by the City of Altamonte Springs, Florida, and that said Contractor has paid all wages due and has paid for all
materials furnished in and about the construction of said Contract and has paid all damages and claims whatsoever, including claims by reason of the manner of
construction, and that there are no unpaid claims whatsoever upon account thereof.
______________________________ Signature of Deponent
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, & STORMWATER
WITH SITE RESTORATION (ARPA)
RL - 2
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME THIS ___________ day of ____________________________, 20 ____.
My commission expires ______________________
_________________________________________
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
MAINTENANCE BOND
CONTRACT NO. AB23009B
UTILITY INFRASTRUCTURE & SITE RESTORATION –
HILLCREST-CHARTER OAKS NEP
KNOW ALL MEN BY THESE PRESENTS, that _______________________________ hereinafter referred to as contractor, as Principal, and __________________________________ of
______________________________________ , Florida, hereinafter called Surety, as Surety, are held and firmly bound unto Altamonte Springs, a political subdivision of the State of Florida,
as Oblige, in the full and just sum of _____________________________________ DOLLARS, lawful money of the United States of America, to the payment of which sum, well and truly to be
made, the Developer and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the contractor has constructed certain works in Altamonte Springs,
Florida, known and identified/titled as TERM CONTRACT FOR UTILITY INFRASTRUCTURE & SITE RESTORATION HILLCREST -CHARTER OAKS NEP PROJECT AREA.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the
contractor shall maintain said works in first class condition for a period of two (2) years from the date of completion and replace all works which shall be found to be defective
within a two (2) year period commencing after a Certificate of Completion has been issued by the City and shall pay any and all costs or expense incidental to the performance of
any work required to be performed hereunder, then this obligation to be void; otherwise to be and remain in full force and effect.
The Engineer shall notify the principal in writing of any defect for which the
principal is responsible and shall specify in said notice a reasonable period of time with which principal shall have to correct said defect.
The surety unconditionally covenants and agrees that if the principal fails to
perform within the time specified, the surety, upon thirty (30) days written notice from the City or its authorized agent or officer, will forthwith correct such defect or defects and pay
the cost thereof, including, but not limited to, engineering, legal and contingent costs. Should the surety fail or refuse to correct said defects, the City, in view of the public
interest, health, safety, welfare and factors involved, and the consideration in approving and filing the said plat shall have the right to resort to any and all legal remedies against
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
the principal and surety and either, both at law and in equity, including specifically, specific
performance to which the principal and surety unconditionally agree.
The principal and surety further jointly and severally agree that the City, at its option, shall have the right to correct said defects resulting from faulty materials or
workmanship, or pursuant to public advertisement and receipt of bids, caused to correct any defects or said defects in case the principal shall fail or refuse to do so, and in the
event the City should exercise and give effect to such right, the principal and the surety shall be jointly and severally hereunder to reimburse the City the total costs thereof,
including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of
the principal to correct said defects.
The principal and surety acknowledges that Section 255.05 of the Florida Statutes states
"Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority, for the construction of any
public building, for the prosecution and completion of any public work, or for repairs upon any public building or public work shall be required, before commencing the work,
to execute a payment and performance bond with a surety
"A claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days
after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with notice that he intends to look to the bond for protection."
"A claimant who is not in privity with the contractor who has not received
payment for his labor, materials, or supplies shall, within 90 days after the performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor
and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment."
"No action for the labor, materials, or supplies may be instituted against the
contractor or the surety unless both notices have been given."
"No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the
materials or supplies."
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
"The payment provisions of all bonds furnished for contracts described
above shall, regardless of form, be construed and deemed statutory bond provisions,
subject to all requirements as stated above."
"All bonds executed pursuant to this section shall make reference to this
section by number, and shall contain reference to the notice and time limitation provisions
of this section."
SIGNED, SEALED AND DATED this the ___________________ day of
__________________, A.D., 20 ______.
__________________________ (Seal)
Witness ___________________________
Witness ___________________________
By: ______________________________
Surety
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
CONFLICT OF INTEREST STATEMENT FORM
A. I am the of with a local office in [Insert Title] [Insert Company Name] and principal office in _.
B. The entity hereby submits an offer to ITB-23-009-RS, titled CITYWIDE
INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, & STORMWATER WITH
SITE RESTORATION (ARPA).
C. The AFFIANT has made diligent inquiry and provided the information in this
statement affidavit based upon its full knowledge.
D. The AFFIANT states that only one submittal for this solicitation has been
submitted and tendered by the appropriate date and time and that said above stated entity has no financial interest in other entities submitting a proposal for
the work contemplated hereby.
E. Neither the AFFIANT nor the above-named entity has directly or indirectly
entered into any agreement, participated in any collusion or collusive activity, or otherwise taken any action which in any way restricts or restraints the
competitive nature of this solicitation, including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters required by
this solicitation.
F. Neither the entity nor its affiliates, nor anyone associated with them, is presently
suspended or otherwise prohibited from participation in this solicitation or any contract to follow thereafter by any government entity.
G. Neither the entity nor its affiliates, nor anyone associated with them, have any potential conflict of interest because and due to any other clients, contracts, or
property interests in this solicitation or the resulting project.
H. I hereby also certify that no member of the entity’s ownership or management
or staff has a vested interest in any City Division/Department/Office.
I. I certify that no member of the entity’s ownership or management is presently
applying, actively seeking, or has been selected for an elected position within City of Altamonte Springs government.
J. In the event that a conflict of interest is identified in the provision of services, I, the undersigned will immediately notify the City in writing.
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the
firm, certify that the information as provided in, Conflict of Interest Statement Form, is truthful and correct at the time of submission.
AFFIANT SIGNATURE
Typed Name of AFFIANT
Title
STATE OF
COUNTY OF
The foregoing instrument was executed before me this day of , 20 , by
as of , who personally swore or affirmed that he/she is
authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced as identification.
(stamp)
NOTARY PUBLIC, State of
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
NON-COLLUSION/LOBBYING CERTIFICATION FORM
A.This sworn statement is submitted with a proposal to provide the necessary materials
and service for the CITYWIDE INFRASTRUCTURE POTABLE, SANITARY, RECLAIMED, &STORMWATER WITH SITE RESTORATION (ARPA).
B.This sworn statement is submitted by whose
business address is [Name of entity submitting sworn statement] and (if applicable) its Federal
Employer Identification Number (FEIN) is (If the entity has no FEIN, include the
Social Security Number of the individual signing this sworn statement: .
C.My name is and my relationship to the above is .
[Please print name of individual signing]
D.NON-COLLUSION PROVISION CERTIFICATION.The undersigned hereby certifies, to the best of his or her knowledge and
belief, that on behalf of the person, firm, association, or corporation submittingthe bid certifying that such person, firm, association, or corporation has not,
either directly or indirectly, entered into any agreement, participated in anycollusion, or otherwise taken any action, in restraint of free competitive bidding
in connection with the submitted bid. Failure to submit the executed statement aspart of the bidding documents will make the bid nonresponsive and not eligible
for award consideration.
E.LOBBYING CERTIFICATION.The undersigned hereby certifies, to the best of his or her knowledge and belief,that:
1.No City appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influenceeither directly or indirectly an officer or employee of the City, City Council, an
officer or employee of Congress, an employee of a Member of Congress and aMember of Congress in connection with the awarding of any City contract or
any Federal contract, the making of any Federal grant, the making of anyFederal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federalcontract, grant, loan or cooperative agreement.
2.If any funds other than Federally, State, County or City appropriated funds
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, an employee of a Member of Congress and a
Member of Congress in connection with this contract, the undersigned shall
complete and submit Standard Form-L “Disclosure Form to Report Lobbying”,
in accordance with its instructions.
By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the
firm, certify that the information as provided in, Non-Collusion/Lobbying
Certification Form, is truthful and correct at the time of submission.
AFFIANT SIGNATURE
Typed Name of AFFIANT
Title
STATE OF
COUNTY OF
The foregoing instrument was executed before me this day of , 20
, by
as of
, who personally swore or affirmed that he/she is
authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced as identification.
(stamp) NOTARY PUBLIC, State of
INVITATION TO BID
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
CERTIFICATION
As required by 2 CFR 200, for persons entering into a contract, grant or cooperative
agreement over $25,000 involving the expenditure of Federal funds, the undersigned
certifies for itself and its principals that:
A.Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
B.Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a
Government entity (Federal, State, or local) with commission of any offenses
enumerated in paragraph (B) of this certification; and
D.Have not within a three-year period preceding this application had one or more
public transaction (Federal, State, or local) terminated for cause or default; and
Where the applicant is unable to certify to any of the statements in this certification, he
or she shall attach an explanation to this application.
AB23009
Printed Name / Title of Representative Contract / Purchase Order Number
Signature of Representative Date
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(2 CFR 200.317 AND 200.326)
§ 200.317 Procurements by states. When procuring property and services under a Federal award, a state must follow the
same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with § 200.322 Procurement of recovered materials and ensure that every
purchase order or other contract includes any clauses required by section § 200.326 Contract provisions. All other non-Federal entities, including sub-recipients of a state, will
follow § 200.318 General procurement standards through § 200.326 Contract provisions.
§ 200.318 General procurement standards. (a) The non-Federal entity must use its own documented procurement procedures which
reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase
orders. (c) (1) The non-Federal entity must maintain written standards of conduct covering
conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent must
participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of
the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the
non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities
may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written
standards of conduct covering organizational conflicts of interest. Organizational conflicts
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be
impartial in conducting a procurement action involving a related organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or
duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will
be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal government, the non-Federal
entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods
and services. (f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu
of purchasing new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost
reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
(h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a
proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources. (i) The non-Federal entity must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price. (j) (1) The non-Federal entity may use time and material type contracts only after a
determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and material type contract means a
contract whose cost to a non-Federal entity is the sum of: (i) The actual cost of materials; and
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general andadministrative expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materialscontract provides no positive profit incentive to the contractor for cost control or labor
efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds atits own risk. Further, the non-Federal entity awarding such a contract must assert a high
degree of oversight in order to obtain reasonable assurance that the contractor is usingefficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with goodadministrative practice and sound business judgment, for the settlement of all contractual
and administrative issues arising out of procurements. These issues include, but are notlimited to, source evaluation, protests, disputes, and claims. These standards do not
relieve the non-Federal entity of any contractual responsibilities under its contracts. TheFederal awarding agency will not substitute its judgment for that of the non-Federal entity
unless the matter is primarily a Federal concern. Violations of law will be referred to thelocal, state, or Federal authority having proper jurisdiction.
§ 200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and opencompetition consistent with the standards of this section. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors thatdevelop or draft specifications, requirements, statements of work, and invitations for bids
or requests for proposals must be excluded from competing for such procurements. Someof the situations considered to be restrictive of competition include but are not limited
to:(1) Placing unreasonable requirements on firms in order for them to qualify to do
business;(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;(6) Specifying only a “brand name” product instead of allowing “an equal” product to be
offered and describing the performance or other relevant requirements of theprocurement; and
(7) Any arbitrary action in the procurement process.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(b) The non-Federal entity must conduct procurements in a manner that prohibits the useof statutorily or administratively imposed state or local geographical preferences in the
evaluation of bids or proposals, except in those cases where applicable Federal statutesexpressly mandate or encourage geographic preference. Nothing in this section preempts
state licensing laws. When contracting for architectural and engineering (A/E) services,geographic location may be a selection criterion provided its application leaves an
appropriate number of qualified firms, given the nature and size of the project, tocompete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions.These procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for thematerial, product, or service to be procured. Such description must not, in competitive
procurements, contain features which unduly restrict competition. The description mayinclude a statement of the qualitative nature of the material, product or service to be
procured and, when necessary, must set forth those minimum essential characteristics andstandards to which it must conform if it is to satisfy its intended use. Detailed product
specifications should be avoided if at all possible. When it is impractical or uneconomicalto make a clear and accurate description of the technical requirements, a “brand name or
equivalent” description may be used as a means to define the performance or othersalient requirements of procurement. The specific features of the named brand which
must be met by offers must be clearly stated; and(2) Identify all requirements which the offerors must fulfill and all other factors to be used
in evaluating bids or proposals.(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or
products which are used in acquiring goods and services are current and include enoughqualified sources to ensure maximum open and free competition. Also, the non-Federal
entity must not preclude potential bidders from qualifying during the solicitation period.
§ 200.320 Methods of procurement to be followed.The non-Federal entity must use one of the following methods of procurement.
(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisitionof supplies or services, the aggregate dollar amount of which does not exceed $3,000 (or
$2,000 in the case of acquisitions for construction subject to the Davis-Bacon Act). To theextent practicable, the non-Federal entity must distribute micro-purchases equitably
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or
other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an
adequate number of qualified sources. (c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm
fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the
lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply: (i) The invitation for bids will be publicly advertised and bids must be solicited from an
adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids;
(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;
(iii) All bids will be publicly opened at the time and place prescribed in the invitation for bids;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts,
transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior
experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed
price or cost-reimbursement type contract is awarded. It is generally used when
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and theirrelative importance. Any response to publicized requests for proposals must be
considered to the maximum extent practical;(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technicalevaluations of the proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is mostadvantageous to the program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby
competitors' qualifications are evaluated and the most qualified competitor is selected,subject to negotiation of fair and reasonable compensation. The method, where price is
not used as a selection factor, can only be used in procurement of A/E professionalservices. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposalsis procurement through solicitation of a proposal from only one source and may be used
only when one or more of the following circumstances apply:(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resultingfrom competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizesnoncompetitive proposals in response to a written request from the non-Federal entity;
or(4) After solicitation of a number of sources, competition is determined inadequate.
§200.321 Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms.(a) The non-Federal entity must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenpossible.
(b) Affirmative steps must include:
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
§ 200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
§ 200.323 Contract cost and price. (a) The non-Federal entity must perform a cost or price analysis in connection with every
procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding
the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis
is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's
investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated
prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with
the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of
contracting must not be used.
§ 200.324 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding
agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to
ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a
solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or
pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as
requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-Federal entity's procurement procedures or operation fails to comply with the
procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to
be awarded without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its
procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the
Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur
where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-
certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity
must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
§ 200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may
accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the
Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or
other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the
time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract
price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
§ 200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under
Federal Awards.
This Area Intentionally Left
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 11
APPENDIX II TO CFR 200 – Contract Provisions For Non-Federal Entity Contracts Under Federal Awards
And Other Required Clauses
Appendix to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions
covering the following, as applicable.
A.Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the CivilianAgency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
B.All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will beaffected and the basis for settlement.
C.Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of “federally assisted construction contract” in
41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), asamended by Executive Order 11375, “Amending Executive Order 11246 Relating to
Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,“Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
D.Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded bynon-Federal entities must include a provision for compliance with the Davis-Bacon
Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 12
Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 13
F.Rights to Inventions Made Under a Contract or Agreement. If the Federal awardmeets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the
recipient or sub recipient wishes to enter into a contract with a small business firmor nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “fundingagreement,” the recipient or sub recipient must comply with the requirements of 37
CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency.
G.Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251- 1387), as amended—Contracts and sub grants of amounts inexcess of $150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards, orders or regulations issued pursuantto the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federalawarding agency and the Regional Office of the Environmental Protection Agency
(EPA). Mandatory standards and policies relating to energy efficiency which arecontained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (42 U.S.C. 6201).
H.Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wideExcluded Parties List System in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235),
“Debarment and Suspension.” The Excluded Parties List System in SAM contains thenames of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other thanExecutive Order 12549.
I.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid foran award of $100,000 or more must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds topay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 14
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
J. A non-Federal entity that is a state agency or agency of a political subdivision of a
state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
K. Prohibition on certain telecommunications and video surveillance services or
equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or
grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 15
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that
communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information.
(d) See also § 200.471.
L. Domestic preferences for procurements
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under
this award.
(b) For purposes of this section:
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 16
(1) “Produced in the United States” means, for iron and steel products, that allmanufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
American Rescue Plan Act Required Contract Clauses
A.EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure thatapplicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post inconspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.(2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receiveconsideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant hasinquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply toinstances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential jobfunctions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 17
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract
may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law. (8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 18
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and
sub-contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-
contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails
or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part
this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
B. INCREASING SEAT BELT USE IN THE UNITED STATES
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 19
It is encouraged that the contractor adopts and enforces on the job seat belt policies and programs when operating company owned, rented or personal owned vehicles.
The contractor is encouraged to include this clause in subcontract that is issued.
C.REDUCING TEXT MESSAGING WHILE DRIVING
It is encouraged that the contractor adopts and enforces policies and programs thatban text messaging while driving or operating company owned, rented or personal
owned vehicles. The contractor is encouraged to include this clause in subcontractthat is issued.
D.ACCESS TO RECORDS
(1) The contractor agrees to provide the City of Altamonte Springs, State of Florida,
the Comptroller General of the United States, or any of their authorizedrepresentative’s access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of makingaudits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by anymeans whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the City of Altamonte Springs, State of Florida,the Comptroller General of the United States, or any of their authorized
representative’s access to construction or other work sites pertaining to the workbeing completed under the contract.
E.CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESSENTERPRISES, AND LABOR SURPLUS AREA FIRMS
If subcontractors are let, the contractor shall take all affirmative steps listed below inthe procurement of subcontractors:
(1)Placing qualified small and minority businesses and women’s business enterpriseson solicitation lists.
(2)Assuring that small and minority businesses, and women’s business enterprises aresolicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks orquantitates to permit maximum participation by small and minority businesses,
and women’s business enterprises.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 20
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
(5) Using the services and assistance, as appropriate, of such organizations as the small business administration and the minority business development agency of the
Department of Commerce.
F. CHANGES
The City, without invalidating this Contract, may order changes in the Work within the general scope of this Contract consisting of additions, deletions, or other revisions, the
Contract price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written Addendum to this Contract, and shall be executed under
the applicable conditions of the Contract. If the Contractor plans to make a claim for an increase in the Contract price or an extension in the Contract Schedule/Term, he
shall first give the City written notice thereof, such notice shall be given within ten (10) calendar days after the occurrence of the event giving rise to such a claim.
The Contractor shall give this written notice to the City, and a written approval secured
from the Procurement Manager, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall
immediately proceed.
No claim for extra work will be considered valid by the City unless first submitted in writing.
G. ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
(1) Contractor ensures its current and future compliance with Title VI of the Civil
Rights Act of 1964, As amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and
activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,
directives, circulars, policies, memoranda, and/or guidance documents.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 21
(2)Contractor acknowledges that Executive Order 13166, “Improving Access toServices for Persons with Limited English Proficiency,” seeks to improve access to
federally assisted programs and activities for individuals who, because of nationalorigin, have Limited English proficiency (LEP). Contractor understands that
denying a person access to its programs, services, and activities because of LEP isa form of national origin discrimination prohibited under Title VI of the Civil Rights
Act of 1964 and the Department of the Treasury’s implementing regulations.Accordingly, Contractor shall initiate reasonable steps, or comply with the
Department of the Treasury’s directives, to ensure that LEP persons havemeaningful access to its programs, services, and activities. Contractor understands
and agrees that meaningful access may entail providing language assistanceservices, including oral interpretation and written translation where necessary, to
ensure effective communication in the Recipient’s programs, services, andactivities.
(3)Contractor agrees to consider the need for language services for LEP personswhen Contractor develops applicable budgets and conducts programs, services,
and activities. As a resource, the Department of the Treasury has published its LEPguidance at 70 FR 6067. For more information on taking reasonable steps to
provide meaningful access for LEP persons, please visit http://www.lep.gov.(4)Contractor acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of federal financial assistance and isbinding upon Contractor and Contractor’s successors, transferees, and assignees
for the period in which such assistance is provided.(5)The sub-grantee, contractor, subcontractor, successor, transferee, and assignee
shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipientsof federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color,or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department
of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporatedby reference and made a part of this contract (or agreement). Title VI also includes
protection to persons with “Limited English Proficiency” in any program or activityreceiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by
the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and hereinincorporated by reference and made a part of this contract or agreement.
FEDERAL PROCUREMENT STANDARDS
ITB NO. 23-009-RS
CITYWIDE INFRASTRUCTURE POTABLE, SANITARY,
RECLAIMED, & STORMWATER WITH SITE
RESTORATION (ARPA)
C - 22
H.COPELAND ANTI-KICKBACK ACT
(1) The contractor hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof, the following clause:
i. “Contractor. The contractor shall comply with 18 U.S.C. Statute 874, 40 U.S.C. Statute3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are
incorporated by reference into this contract.” (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause in (1)I above and such other clauses as the Secretary may by appropriateinstructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsiblefor the compliance by any subcontractor or lower tier subcontractor with all of the
contract clauses.(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in29 CFR Section 5.12.
I.FEDERAL DRUG FREE WORKPLACE
Contractor agrees to comply with the drug-free workplace requirements for
federal Contractors pursuant to 41 U.S.C.A. § 8102.
BID SUBMITTAL LABEL
Cut along dotted line and tape or glue to a standard #10 envelope, mailing envelope or box.
Company Name: Place Business Address: Postage
Business Address: Here City/State/Zip: __________________________________
HAND DELIVER OR MAIL TO
PROCUREMENT DIVISION CITY HALL, SUITE 1030
CITY OF ALTAMONTE SPRINGS 225 NEWBURYPORT AVENUE
ALTAMONTE SPRINGS FL 32701-3697
BID NO.: ITB-23-009-RS
Due Date: January 18, 2023
i
EXHIBIT C