City of Jacksonville Beach Property and Procurement Division 1460A Shetter Ave., Jacksonville Beach, FL Tel:

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1 City of Jacksonville Beach Property and Procurement Division 1460A Shetter Ave., Jacksonville Beach, FL Tel: BID Number: BID Title: Invitation to Bid MILLING, PAVING, SIDEWALK/CURBING REPAIRS Submittal Deadline Day: Wednesday Date: May 23, 2018 Time: 2:00 P.M. Location: Property and Procurement Address: 1460A Shetter Ave., Jacksonville Beach, FL ANTICIPATED TIME LINE: The anticipated schedule for this Bid is as follows: Bid Issue Date Bid Advertised Pre-Bid On-Site Meeting Deadline to Submit Questions Addendum (if necessary) Issued Submission Deadline Bids Opened Bids Evaluated by Recommendation to Council 23-April April May May May May May May June-2018 Page 1 of 63

2 INVITATION TO BID Sealed bids in TRIPLICATE, subject to the terms and conditions specified in this Invitation-to-Bid, will be received until Wednesday, 2:00pm, May 23, 2018, and then opened publicly by the Property and Procurement Division, 1460A Shetter Avenue, Jacksonville Beach, Florida for furnishing the following: Invitation to Bid Number: PRE-BID ON-SITE MEETING A pre-bid on-site meeting for interested bidders will be held 10:00am, Tuesday, May 1, 2018, at the Jacksonville Beach Operation & Maintenance Building, 1460A Shetter Avenue, Jacksonville Beach, Florida, to review the scope and clarify any questions on this invitation to bid. Though not mandatory for bidding on this ITB, all interested bidders are highly encouraged to attend to gain as much information as possible. Please submit triplicate completed bid packages in one sealed envelope clearly marked with bid number and bid name. It is incumbent upon the bidder to ensure that all copies of the Bid package submittal are complete and exact replicas of each other. Packages received without the requested information or quantities may be rejected. Place the sealed envelope within another sealed envelope clearly marked in the same manner as the first envelope. This is done to prevent accidental opening of the sealed bids in our mailroom. Submissions, received after the due date and time will not be considered. Modifications received after the due date and/or letters of withdrawal received after the due date or after contract award, whichever is applicable, will not be considered. No verbal interpretations will be made of any bid documents. Requests for such interpretations shall be made in writing or via Purchasing@jaxbchfl.net at least seven (7) days prior to the bid opening date. Interpretation will be in the form of an addendum and issued to all bidders. CITY OF JACKSONVILLE BEACH Luis F. Flores Property and Procurement Officer 1460A Shetter Avenue, Jacksonville Beach, FL Page 2 of 63

3 1.1 INSTRUCTIONS TO BIDDERS Specifications that are explicit to this particular Invitation to Bid # are at Exhibit A, which begins on page 41. Respondent must provide the following, completely filled out, appropriately executed, and timely submitted as the minimal bid package: Form 1: Bid Tender Form (7 pages), Forms 2, 3, 4, 5 & 6 (5 pages), Form 7: Bidder s Qualifications, Parts A through F (6 pages), and Form 8 (4 pages), Form 9 (3 pages) and Form 10 (2 pages) The CITY will evaluate submittals based on the criteria set forth in this package. Fees may be requested as part of the package. However, if fees are requested, the CITY reserves the right, at its sole discretion to exclude the fees from the evaluation process. The evaluation process will consider all other requested criteria to determine which firm is the most highly qualified to perform the required services. Failure to comply with the requirements of this paragraph may be construed by the CITY as proper grounds for disqualifying any bid at the CITY s sole discretion. 1.2 TERMS AND CONDITIONS A. General. It is the purpose and intent of this contract to secure the supplies and/or services listed herein for the City of Jacksonville Beach, Jacksonville Beach, Florida, hereinafter called the CITY. B. Time for CITY Acceptance. Unless otherwise specified herein, the submitter will allow sixty (60) days from the last date for the receiving of bid/proposals for acceptance of its submittals by the CITY. C. Effective Contract Term Start Date. The effective contract term start date shall be the date of award by the CITY or date of Notice to Proceed, whichever is later. D. Extension of Contract. If the CITY should advertise for bids, the contract resulting from this BID shall automatically be extended month-to-month past its term end date. This will allow the CITY to receive and assess proposals, to award a new contract, and to ensure a smooth, cooperative and seamless transition between contractors; to minimize impact and disruption to customers; and, to maintain safety and health standards. E. Contract Termination. Subject to a thirty (30) day written notice, the CITY reserves the right to terminate the resulting contract for the following causes: 1) The Contractor fails to perform the work in a satisfactory manner as determined by the CITY. 2) The Contractor fails to perform the work in a timely manner as determined by the CITY. 3) For convenience. By the CITY, effective upon the receipt of notice by CONTRACTOR. The CITY's performance and obligation to pay under this Agreement is contingent upon annual appropriations. F. Award. 1) The CITY reserves the right to waive informalities, to reject any and all bids and Page 3 of 63

4 proposals, in whole or in part, and to accept the bid or proposal that in its judgment will best serve the interest of the CITY. 2) The CITY specifically reserves the right to reject any conditional bid or proposal and will normally reject those that make it impossible to determine the true amount of the submittal. Each item must be bid separately and no attempt shall be made to tie any item or items together. G. Inspection. All supplies and workmanship shall be subject to inspection and test after arrival at destination. In case any articles are found to be defective, or otherwise not in conformity with the specification requirement, the CITY shall have the right to reject such articles. H. Payments. The Contractor shall be paid, upon the submission of invoices in triplicate, the prices stipulated herein for articles delivered and accepted. Invoices must show Purchase Order Number. 1.3 ADDITIONAL INFORMATION The information in this bid package is provided to facilitate bids. Much effort was made to provide necessary and accurate information, but the CITY is not to be penalized for any lack of completeness. If you require further information regarding this submittal, please contact Luis F. Flores, Property and Procurement Officer, in the Property and Procurement Division via at 1.4 ADDENDA TO THE BID If any addenda are issued to this bid, a good faith attempt will be made to deliver a copy to each of the bidders, who, according to the records of the Property and Procurement Division previously requested a copy of this bid. However, prior to submitting a bid, it shall be the responsibility of the bidder to contact the CITY s Property and Procurement Division ( ) to determine if any addenda were issued and if so, to obtain such addenda for attachment to, and consideration with, the bid. Bidders should either acknowledge receipt of such addenda on their bid, or attach such addenda to their bid. 1.5 USE OF BID RESPONSE FORMS All bids must include the completed Bid Tender Form provided in this package, and all questions must be answered. Bids will not be accepted where the Bid Tender Form has been retyped or altered by the bidder. Failure to comply may preclude consideration of the bid. Supplemental information may be attached to the Bid Tender Form. 1.6 DEVIATIONS FROM REQUESTED PLAN The contract terms and conditions stipulated in this bid are those required by the CITY. Bidders are required to submit their bid, which complies with the request. Any deviations from the request should be clearly noted. 1.7 CONFLICT WITH SPECIMEN CONTRACTS Unless specifically noted to the contrary as a deviation from the bid, the submission of bidder s specimen contract with a bidder s bid submittal shall not constitute notice of the bidder s intent Page 4 of 63

5 to deviate from the bid in a restrictive manner. Unless specifically noted otherwise, the attachment of the bidder s specimen contract shall be deemed to be an offer in at least full compliance with the bid, and the bidder expressly agrees to reform said contract to the extent inconsistent in a restrictive manner from the bid. That is, submission of a bidder s contract shall be deemed solely an offer of supplemental terms and conditions not otherwise addressed in the bid or a broadening of terms and conditions to the benefit of the CITY beyond that required by the bid. 1.8 ERRORS IN SUBMITTALS Bidders shall fully inform themselves as to the conditions, requirements and specifications before submitting the bid. Failure to do so will be at the bidder s own risk, and a bidder cannot secure relief on a plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of the bidders. 1.9 LEGAL AND REGULATORY COMPLIANCE The bidder must agree to comply with all applicable federal, state and local laws, ordinances, rules and regulations as the same exist and as may be amended from time to time, including, but not limited to the Public Records Law, Chapter 119, Florida Statutes. In accordance with Section , Florida Statutes, the following provisions are included in this contract: 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 CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF JACKSONVILLE BEACH, CITY CLERK S OFFICE: TELEPHONE NUMBER: EXT # 10 ADDRESS: CITYCLERK@JAXBCHFL.NET MAILING ADDRESS: 11 NORTH THIRD STREET JACKSONVILLE BEACH, FL CANCELLATION/NON-RENEWAL/ADVERSE CHANGE/RATE INCREASE NOTICE The CITY should be given at least 90 days notice of cancellation, non-renewal, adverse change or increase in rates. (If applicable) 1.11 WAIVER/REJECTION OF BIDS The CITY reserves the right to waive formalities or informalities in bids and to reject any or all bids or portions of bids, or to accept any bids or portions of bids deemed to be in the best interest(s) of the CITY or to negotiate or not negotiate with the bidder AUTHORIZED OFFER The person submitting the bid should indicate the extent of authorization by the Company to Page 5 of 63

6 make a valid offer in the bid summary that may be accepted by the CITY to form a valid and binding contract. If the person submitting the proposal is not authorized to submit a proposal that can be bound by CITY acceptance, such a person should also obtain the signature of an authorized representative of the insurer, that may result in a bound contract upon the CITY s acceptance EVALUATION OF BIDS The CITY will evaluate each bid based on all the criteria set forth in the bid. Fees may be requested as part of the bid package. However, if fees are requested, the CITY reserves the right at its sole discretion to exclude the fees from the evaluation process. The evaluation process will consider all other requested criteria to determine which firm is the most highly qualified to perform the required services USE OF BID BY OTHER AGENCIES It is hereby made a part of this bid that the submission of any bid response to the advertisement request constitutes a proposal made under the same terms and conditions, for the same contract price, to other government agencies if agreeable by the submitter and the government agency. At the option of the vendor/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. Each governmental agency allowed by the vendor/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 PUBLIC ENTITY CRIMES STATEMENT 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, 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 Section , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As part of the Solicitation process, all Respondents are to complete a Required Disclosure Form. (See attached FORM 3) 1.16 CONFLICT OF INTEREST CERTIFICATE All solicitations once advertised, and until the appropriate authority has approved an award recommendation, are under the Cone of Silence. This limits and requires documentation of Page 6 of 63

7 communications between potential respondents and/or respondents on City solicitations, the City s professional staff, and the City Council members. Any lobbying by or on behalf of the respondent will result in rejection/disqualification of said proposal/bid. Respondents shall refrain from any contact with City Council members and staff or the Evaluation Committee regarding this proposal. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, RESPONDENTS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL/BID WITH ANY MEMBER OF THE CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF JACKSONVILLE BEACH PROPERTY AND PROCUREMENT DIVISION IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. This provision is not meant to preclude respondents from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential respondents, assure that contract decisions are made in public, and to protect the integrity of the solicitation process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the respondent's proposal/bid NON-COLLUSION AFFIDAVIT As part of the solicitation process, Respondents are required to complete a Non-Collusion Affidavit. This is intended to prevent corruption in the solicitation process by requiring a declaration from the Respondent that they have not colluded with any other party in preparation of their proposal. (See attached FORM 5) 1.18 DISCRIMINATION CLAUSE An entity or affiliate who has been placed on the discriminatory vendor list may not submit on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, sub-contractor, or consultant under contract with any public entity, and may not transact business with any public entity SAFETY REQUIREMENTS FOR CONTRACTORS PROVIDING SERVICES TO CITY A. The Contractor shall comply with all Federal/State Occupational Safety and Health Act (OSHA) Standards including 29 CFR 1910 and any other rules and regulations applicable to construction and maintenance activities in the State of Florida. The Contractor shall also comply with Chapter 442, Florida Statutes (Toxic Substances in the Workplace) and any county or city or any other agency s rules and regulations regarding safety. B. The Owner s safety personnel or any supervisor or inspector may, but is not required to, order that the work be stopped if a condition of immediate danger is found to exist. Nothing Page 7 of 63

8 contained herein shall be construed to shift responsibility or risk of loss for injuries or damage sustained as a result of a violation of this Article from the Contractor to the Owner; and the Contractor shall remain solely and exclusively responsible for compliance with all safety requirements and for the safety of all persons and property at the project site. C. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this contract and a duty of the contractor. The Owner reserves the right to require demonstration of compliance with the safety provisions of this contract. The parties agree that such failure is deemed to be a material breach of this agreement; and the Contractor agrees that upon such breach, all work pursuant to the contract shall terminate until demonstration to the Owner that the safety provisions of this agreement have been complied with. In no event shall action or failure to act on the part of the Owner be construed as a duty to enforce the safety provisions of this agreement nor shall it be construed to create liability for the Owner for any act or failure to act in respect to the safety provisions of this agreement INSURANCE REQUIREMENTS A. GENERAL PROVISIONS Hold Harmless: The City shall be held harmless against all claims for bodily injury, disease, death, personal injury, and damage to property or loss of use resulting there from, to the extent caused by the Contractor, unless such claims are a result of the City s sole negligence. Payment on Behalf of the City: The Contractor agrees to pay on behalf of the City, the City s legal defense, for all claims described herein. Such payment on behalf of the City shall be in addition to all other legal remedies available to the City and shall not be considered to be the City s exclusive remedy. Loss Control/Safety: Precaution shall be exercised at all times by the Contractor for the protection of all persons, employees, and property. The Contractor shall comply with all laws, regulations and ordinances related to safety and health, shall make special efforts to detect hazardous conditions, and shall take prompt action where loss control and safety measures should reasonably be expected. B. PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS ADDITIONAL INSURED The Contractor shall furnish the City with satisfactory proof of carriage of insurance required herein. The Contractor shall name the City of Jacksonville Beach (City) as additional insured on the Contractor s, and any sub-consultant or sub-contractor s Public Liability, Property Damage and Comprehensive Automobile Liability Insurance Policies. The additional insured shall be provided the same coverage as the primary insured for losses arising from work performed by the Contractor or its sub-consultants or sub-contractors. The proof of carriage or a copy of all policies shall be required prior to commencement of any work under this Contract. The CITY may order work to be stopped if conditions exist that present immediate danger to Page 8 of 63

9 persons or property. The CONTRACTOR acknowledges that such stoppage will not shift responsibility for any damages from the CONTRACTOR to the Organization. C. INSURANCE REQUIREMENTS: Basic Coverages Required: During the term of this contract, the Contractor shall procure and maintain the following-described insurance and/or self-insurance except for coverage s specifically waived by the City. All policies and insurers must be acceptable to the City. These insurance requirements shall not limit the liability of the Contractor. The City does not represent these types of amounts of insurance to be sufficient or adequate to protect the Contractor s interests or liabilities, but are merely minimums. All insurers must carry a current A M Best rating of at least A- Worker's Compensation Coverage is required. The CONTRACTOR and all subcontractors shall purchase and maintain worker's compensation insurance for all workers compensation obligations imposed by state law and employer s liability limits of at least $100, each accident, $100, each employee and $500, policy limit for disease. The CONTRACTOR and all subcontractors shall also purchase any other coverages required by law for the benefit of employees. General Liability Coverage is required for Contractor and all subcontractors. Commercial General Liability in Occurrence Form. Coverage A shall include Bodily Injury and Property Damage coverage for liability claims arising from premises, operations, contractual liability, independent Contractors, products and complete operations and including but not limited to coverage for claims resulting from explosion, collapse, or underground (x,c,u) exposures (if any). Coverage B shall include personal injury and is required. Coverage C, medical payments is not required. Amounts: Bodily Injury: $1,000,000 each occurrence $1,000,000 Aggregate Property Damage: $1,000,000 each occurrence $1,000,000 aggregate Products and Completed Operations are required for Contractor and all subcontractors. Amount: $1,000,000 aggregate Page 9 of 63

10 Business Auto Liability Coverage is required for Contractor and all subcontractors. Business Auto Liability Coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Amounts: Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate Professional Liability Not Required Pollution Liability Required of Contractor and all subcontractors. The City requires Pollution/Environmental Liability insurance covering cleanup costs including on-site discovery and third party liability, on-site and off-site third party pollution liability coverage, natural resources damage coverage. Limits of Liability: $1,000,000 Each Pollution Event Limit $1,000,000 Aggregate Policy Limit Excess or Umbrella Liability Coverage. Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverages. Limits of Liability: $1,000,000 Each Occurrence $1,000,000 Aggregate Claims Made Coverage No Gap If any of the required professional or pollution liability insurance is provided on a claims made form, such coverage shall extend for a period of not less than 36 months following completion of the contract. In the event of termination of claims made policy, extended coverage may be provided by assurance that extended discovery coverage of at least 36 months will be purchased from the expiring insurer, or by assurance that the succeeding insurer will provide retroactive coverage with an inception date of at least on or before the effective date of this contract. D. CERTIFICIATES OF INSURANCE OF CONTRACTOR AND ALL SUBCONTRACTORS Required insurance shall be documented in Certificates of Insurance which provide that the CITY shall be notified at least 30 days in advance of cancellation, nonrenewal or adverse Page 10 of 63

11 change. New Certificates of Insurance are to be provided to the CITY at least 15 days prior to coverage renewals. If requested by the CITY, the CONTRACTOR shall furnish complete copies of the CONTRACTOR's insurance policies, forms and endorsements. For Commercial General Liability coverage, the Contractor shall at the option of the City, provide an indication of the amount of claims, payments, or reserves chargeable to the aggregate amount of liability coverage. NOTE: Any sub-contractors approved by the City shall be required to provide proof of insurance identical in amounts as required by the contact to perform related services. All coverages shall name the City as additional insured. Receipt of certificates or other documents of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required will not constitute a waiver of the successful proposer(s) obligation to fulfill the insurance requirements herein PERFORMANCE AND PAYMENT BONDS A. Simultaneously with his delivery of the executed contract to the CITY, a Bidder, to whom a contract has been awarded, must deliver to the CITY executed Performance and Payment Bonds on the prescribed forms each in an amount of one-hundred percent (100%) of the total amount of the accepted Bid/Proposal, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials or equipment in connection therewith. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in the county in which the project is located. The Attorney-in-Fact or other officer who signs the Performance and Payment Bonds for a surety company must file with such bonds a certified copy of his Power-of-Attorney authorizing him to do so. (See attached FORMS 8 and 9) B. The Performance and Payment Bonds shall remain in force for one (1) year from the date of final acceptance of the work as a protection to the CITY against losses resulting from latent defects in materials or improper performance of work under contract, which may appear or be discovered during that period. (See attached form.) 1.22 BID SECURITY A. Each Bid must be accompanied by a Cashier s Check or Bid Bond (See attached FORM 10) in an amount not less than five percent (5%) of the amount of the bid. The bid security of all Bidders will be returned within ten (10) days after the CITY and the accepted Bidder(s) have executed the written Contract(s) and the accepted Bidder(s) have filed acceptable payment and performance bonds. If thirty (30) days have passed after the date of the opening of the bids and no Contract(s) has been awarded, the bid security of any Bidder will be returned on demand, provided the Bidder has not been notified of the acceptance of its Bid. Page 11 of 63

12 B. Attorneys-in-Fact who sign Bid Bonds must file with such bonds a certified copy of their Power of Attorney to sign the Bonds. C. Failure of any accepted Bidder to execute a contract and file acceptable bonds as provided herein within ten (10) days after a written Notice of Award has been given shall be just cause for the annulment of the award and forfeiture of the bid security to the CITY, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to another Bidder or all Bids may be rejected BANKRUPTCY No firm will be issued a contract for the work, where in a key representative has filed for bankruptcy personally or has been an Owner/officer or principal of a firm, which has filed bankruptcy in the past seven (7) years. All submitted bids must include the attached Non- Bankruptcy Affidavit. (See attached FORM 6) 1.24 NONEXCLUSIVE Notwithstanding the contract resulting from this bid, the CITY reserves the right to follow its normal purchasing procedures at any time to procure additional goods/services noted in this bid DRUG FREE WORKPLACE COMPLIANCE FORM Attached is a Drug Free Workplace Compliance Form. All submitted bids must include this form executed by the proper representative of your company. (See attached Form 4.) 1.26 WARRANTY All warranties express and implied shall be made available to the City for goods and services covered by this solicitation. All goods furnished shall be fully guaranteed by the successful respondent against factory defects and workmanship. At no expense to the City, the successful respondent shall correct any and all apparent and latent defects that may occur within the manufacturer s standard warranty PROTEST Any respondent who perceives themselves aggrieved in connection with a recommended award may protest to the Property and Procurement Officer. A written notice of intent to file a protest must be filed with the Property and Procurement Officer within three (3) days after receipt by the respondent of the Bid Award Notice, in accordance with the procedures set forth in Section XII K., City of Jacksonville Beach Purchasing Manual. In the event of a timely protest, the City shall not proceed further with award of the contract and agreement until all administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately necessary to protect the public health, welfare, or safety FRAUD AND MISREPRESENTATION Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The City, as a further sanction, may terminate or cancel any other contracts with Page 12 of 63

13 such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney s fees OMISSIONS IN SPECIFICATIONS The scope of services or description of items contained within this solicitation describes the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the respondent from furnishing, installing, or performing such work where required to the satisfactory completion of the project FORCE MAJEURE The City and the successful bidder are excused from the performance of their respective obligations under the contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that: A. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure. B. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure. C. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the successful bidder shall not constitute a force majeure. The term of the contract shall be extended by a period equal to that during which either party s performance is suspended under this section BID AWARD NOTICE FORM Attached is a Bid Award Notice Form. All submitted proposals are to include this form to be notified of the recommendation of award. (See attached FORM 2) INDEMNIFICATION The firm, without exception, shall indemnify and hold harmless the City of Jacksonville Beach, its officers, agents, and employees from any and all liability of any nature and kind including costs and expenses for, or on account of, any copyrighted materials, patented or unpatented invention processes, or article manufactured or used in relation to this RFP. If the firm uses any design, device, or material covered by letters-of-patent or copyright, it is mutually agreed and understood, without exception, that the fees charged by the firm shall include all royalties or costs arising from the use of such design, device, or material. Page 13 of 63

14 BID NUMBER: FORM 1: BID TENDER FORM (Page 1 of 7) BID DATE:, 2018 TO: THE CITY OF JACKSONVILLE BEACH, FLORIDA FROM: Submitter is solely responsible for developing / determining / verifying for this contract work all plans / all methods / all quantities / all measurements and all manufacturers requirements / recommendations necessary to provide satisfactory fully completed contract work under the provisions of the ITB to the City s satisfaction, to include costs for all labor, all equipment, all materials, all rental / leasing / purchasing of equipment and materials, all preparations, all repairs, all safety work, all quality control work, all disposal work, all mobilization and demobilization work, all sub-contractor work, all taxes, all insurance, all bonding if required, all inspection work, all verification work, all warranty work, all permitting at all levels of government, all contractor overhead, all contractor profit, and any / all other contract related work and/or cost / expense that is not listed, and all of which shall be the basis for the respondent s Unit Price Bid for each Item. Bidder must provide a price on each item listed. All entries in the entire proposal must be made clearly in ink. Unit Prices bid must be written in figures. Bidder must insert Extended Prices obtained by multiplying the Estimated Quantities times the Unit Prices. In case of errors, Unit Prices will govern. The corrected Total Lump Sum Bid Prices for Bid Items 1, 2 and 3, the corrected Grand Total Lump Sum Bid Price for Bid Items 1, 2 and 3 combined, and the corrected Extended Prices for Bid Items 4 through 9 will be used to determine the lowest, qualified bidder or bidders. Bid Proposals in which the prices obviously are unbalanced may be rejected by the City at its sole discretion. By the submission of this Bid Tender Form, the Bidder certifies that he/she: Has read, understands, and agrees to all of the requirements of the Invitation to Bid document. Acknowledges that the measurements shown on this Bid Proposal Form are estimates only. It is the responsibility of the Bidder to verify measurements for each bid item prior to submitting Total Lump Sum Bid Price for each Bid Item. Acknowledges that the CITY reserves right to award combination(s) of one or more Bid Item(s) to the lowest, responsive bidder for each combination, as determined solely by the CITY to be in its best interest. Page 14 of 63

15 FORM 1: BID TENDER FORM (Page 2 of 7) DESCRIPTION OF WORK BID ITEM LOCATION ESTIMATED MEASUREMENTS (Length, Width, Area) According to the criteria, specifications and standards of Exhibit A : 1) Paragraph 4, GENERAL SPECIFICATIONS; 2) Paragraph 5, PROCEDURES AND MATERIALS; 3) Paragraph 11, MEASUREMENT AND PAYMENT. PAVING AREA (SY Estimate) (Bidder to Verify) UNIT PRICE per SY EXTENDED PRICE 1 Constitution Cove Subdivision From Osceola Avenue to Jacksonville Drive and includes Republic Drive, Justice Drive, Victory Court, Democracy Court, Ponce De Leon, Constitution Place, Colonies Drive, Independence Drive, Freedom Way, Osceola Avenue, Liberty Lane, Declaration Drive, Patriot Place, and Cul- De-Sacs (L= 12,179 ft ; W= 22 ft ; A= 29,770SY) Five (6) CUL-DE-SAC s (77') DIA (DXDX.786/9 = 3,107 SY) Mill 2 of asphalt, includes milling to existing driveway aprons Includes removing existing asphalt from curb & gutter Apply 2 of type SP 9.5, Traffic Level C, PG Asphalt Binder, with a limit of RAP material used in the mix to a maximum of 15 percent 32,944 SY $ per SY $ Cut Back Areas (1) (L=60 ft ; W=10 ; A= 67 SY) ***Note: Temporary Traffic Striping; This pay item includes (24) Stop Bars (24 X 10) TOTAL LUMP SUM BID PRICE (BID ITEM 1): $ (Numbers) Page 15 of 63

16 FORM 1: BID TENDER FORM (Page 3 of 7) DESCRIPTION OF WORK BID ITEM LOCATION ESTIMATED MEASUREMENTS (Length, Width, Area) America Avenue From Jacksonville Drive to Dead End (L=438 ft ; W= 22 ft ; A= 1,071 SY) CUL-DE-SAC (100') DIA (DXDX.786/9 = 874 SY) According to the criteria, specifications and standards of Exhibit A : 1) Paragraph 4, GENERAL SPECIFICATIONS; 2) Paragraph 5, PROCEDURES AND MATERIALS; 3) Paragraph 11, MEASUREMENT AND PAYMENT. Mill 1-1/2 of asphalt, includes milling to existing driveway aprons Includes removing existing asphalt from curb & gutter Apply 1-1/2 of type SP 9.5, Traffic Level C, PG Asphalt Binder, with a limit of RAP material used in the mix to a maximum of 15 percent PAVING AREA (SY Estimate) (Bidder to Verify) 1,945 SY UNIT PRICE per SY $ per SY EXTENDED PRICE $ 2 Sanctuary Boulevard From Jacksonville Drive to Sanctuary Parkway (L= 490 ft ; W= 12 ft ; A= 653 SY) (L= 490 ft ; W= 12 ft ; A= 653 SY) Cut Back Areas (2) (L=60 ft ; W=20 ; A= 133 SY) (L=60 ft ; W=10 ; A= 67 SY) Mill 1-1/2 of asphalt, includes milling to existing driveway aprons Includes removing existing asphalt from curb & gutter Apply 1-1/2 of type SP 9.5, Traffic Level C, PG Asphalt Binder, with a limit of RAP material used in the mix to a maximum of 15 percent 1,507 SY $ per SY $ ***Note: Temporary Traffic Striping; This pay item includes 4 Stop Bars (24 X 10) TOTAL LUMP SUM BID PRICE (BID ITEM 2): $ (Numbers) Page 16 of 63

17 FORM 1: BID TENDER FORM (Page 4 of 7) DESCRIPTION OF WORK BID ITEM 3 LOCATION ESTIMATED MEASUREMENTS (Length, Width, Area) Arden Way From Penman Road to Tallwood Road (L= 2,118 ft ; W= 21 ft ; A= 4,942 SY) According to the criteria, specifications and standards of Exhibit A : 1) Paragraph 4, GENERAL SPECIFICATIONS; 2) Paragraph 5, PROCEDURES AND MATERIALS; 3) Paragraph 11, MEASUREMENT AND PAYMENT. Mill 1-1/2 of asphalt, includes milling to existing driveway aprons Includes removing existing asphalt from curb & gutter Apply 1-1/2 of type SP 9.5, Traffic Level C, PG Asphalt Binder, with a limit of RAP material used in the mix to a maximum of 15 percent PAVING AREA (SY Estimate) (Bidder to Verify) 4,942 SY UNIT PRICE per SY $ per SY EXTENDED PRICE $ ***Note: Temporary Traffic Striping; This pay item includes (2) Stop Bars (24 X 10) & Double Yellow Line (30 ft) in Length. TOTAL LUMP SUM BID PRICE (BID ITEM 3): $ (Numbers) GRAND TOTAL LUMP SUM BID PRICE (BID ITEMS 1, 2 and 3 combined): $ (Numbers) (Written) Page 17 of 63

18 FORM 1: BID TENDER FORM (Page 5 of 7) (NOTE: Estimated Quantities are for bidding purposes only, for Page 5 only.) DESCRIPTION OF WORK Bid Item Constitution Cove Subdivision Removal, replacement and/or installation of existing and new concrete sidewalks, handicap ramps, driveways, curbing according to the criteria, specifications and standards of Exhibit A : 1) Paragraph 4, GENERAL SPECIFICATIONS; 2) Paragraph 5, PROCEDURES AND MATERIALS; 3) Paragraph 11, MEASUREMENT AND PAYMENT. Est. Qty. UNIT PRICE (per SF), (per LF) or (Each) EXTENDED PRICE (Estimated Quantity X Unit Price) Removal/Replacement/Disposal of Existing Concrete Sidewalk and/or driveways and Replace with 3000-PSI Concrete (6 Thick) with Fibermesh (per CITY Standard Detail) Removal/Replacement/Disposal of Existing Concrete Curbing (All Types) and Replace with 3000-PSI Concrete with Fibermesh. (per CITY Standard Detail where applicable) Removal/Replacement/Disposal of Existing Concrete Curbing (All Types), where new ADA Handicap Access Ramps are to be installed Installation of new Ramp Curb for Handicap Access Ramps meeting Current FDOT ADA Standards, with 3000-PSI Concrete with Fibermesh. 46,475 SF 3,850 LF 648 LF 2,912 LF $ $ $ $ $ $ $ $ 8 Installation of Detectable Warnings on Walking Surfaces, meeting current FDOT ADA Standards (Section 304) & per current FDOT Design Standard Detail 432 SF $ $ 9 Regrading/Sod Installation in Areas Not Directly Affected By Concrete Work. The CITY may request additional regrading work/sod installation for different or additional areas within the project limits. Payment for this regrading work/sod installation using this unit price bid item, as the basis if directed by the CITY. 5,000 SF $ $ GRAND TOTAL EXTENDED PRICE (for Bid Items 4 thru 9 combined): $ (Numbers) 10 Adjust elevation of Manholes and Valve Boxes to new finished grade elevations in new asphalt pavement only. a. Manhole adjusted Each $ b. Valve Box adjusted Each $ NOTE: Adjustments for Manholes, Valve Boxes, Water Meters and other utilities boxes in new concrete work only is included in the work for Bid Items 4, 5, 6 and 7 above. The submitted Unit Prices for Bid Items 4, 5, 6 and 7 shall be inclusive of all work for these adjustments. (See Paragraph J, Exhibit A, page 46.) Page 18 of 63

19 FORM 1: BID TENDER FORM (Page 6 of 7) The Bidder understands that the CITY reserves the right to: 1) reject all bids and waive informalities in the bids, and 2) award the total base bid to the lowest, qualified bidder, or award each bid item to its lowest, qualified bidder, or award any combination in between, whichever is in the best interests of the CITY. ADDENDA RECEIPT VERIFICATION Bidder shall acknowledge receipt of all addenda, if any, to the Invitation to Bid/Request for Proposal, by filling in Addenda Numbers and dates below. Addendum #: Dated: Addendum #: Dated: Addendum #: Dated: Addendum #: Dated: BID/PROPOSAL DOCUMENT TURN-IN CHECKLIST The following documents are to be completed, signed and submitted as part of the Bid Submittal Package in response to this Invitation-to-Bid. Failure to provide the listed documents may be cause for the CITY to consider rejection of the submitted bid. This consideration will be at the sole discretion of the CITY. INITIAL Check-Off FORM [ ] 1 Bid Tender Form (completed Pages 14-20) SECTION TITLE [ ] 2 Bid Award Notice Form Mandatory Cover Sheet (completed Page 21) [ ] 3 Required Disclosure Form (completed Page 22) [ ] 4 Drug-Free Workplace Compilation Form (completed Page 23) [ ] 5 Non-Collusion Affidavit (completed Page 24) [ ] 6 Non-Bankruptcy Affidavit (completed Page 25) [ ] 7 Qualifications Part A: Office Location & Key Employees (completed Page 26) [ ] 7 Qualifications Part B: Past Record Providing Same/Similar Services (completed Page 27) [ ] 7 Qualifications Part C: Equipment List (completed Page 28) [ ] 7 Qualifications Part D: Methodology of Providing the Services (completed Page 29) [ ] 7 Qualifications Part E: Response Schedule for Providing the Services (completed Page 30) [ ] 7 Qualifications Part F: Subcontractor Listing (completed Page 31) [ ] 8 Payment Bond (Pages 32-35) [ ] 9 Performance Bond (Pages 36-38) [ ] 10 Bid Security, submitted Casher s Check or Bid Bond (completed Pages 39-40) NOTE: Please INITIAL Check-Off of each document / activity / requirement that is attached to the Bid Tender Form and/or is required by the ITB and/or Addenda. BY: Signature of Authorized Submitter Title (typed or neatly printed) SUBMITTED BY: Name of Authorized Submitter DATE: Typed/Printed Page 19 of 63

20 COMPANY NAME: FORM 1: BID TENDER FORM (Page 7 of 7) ADDRESS: CITY, STATE & ZIP CODE: TELEPHONE NUMBER: LICENSE NUMBER: (If Corporation, President, Secretary and Treasurer identification) PRESIDENT: SECRETARY: TREASURER: SEAL: (if Bid/Proposal is by a Corporation.) Page 20 of 63

21 NOTICE: FORM 2: BID AWARD NOTICE FORM City of Jacksonville Beach 1460A Shetter Avenue, Jacksonville Beach, FL 32250, (904) Mandatory Cover Sheet Items 1 to 5 are to be completed by the Bidder. The Bidder to submit the form to the CITY along with the Bid Proposal Form and other required documents. 1. Company Name: 2. Address Name: 3. City, State and Zip 4. Attention: 5. Phone: Fax: 6. address: PLEASE PRINT CLEARLY ****************************************************************************** ITEMS BELOW TO BE COMPLETED BY THE CITY OF JACKSONVILLE BEACH ****************************************************************************** Bids were received and evaluated, and the following recommendation will be presented to the City Council for award of Bid No per the attached Bid Tabulation form(s). A written notice of intent to file a protest must be filed with the Purchasing Administrator within three (3) days after receipt by the bidder or proposer of the Bid Award Notice from the Purchasing Administrator in accordance with the procedures set forth in Section XII K., City of Jacksonville Beach Purchasing Manual. If awarded Bid or combination of Bid Items, please do not proceed with any work prior to receiving an official City of Jacksonville Beach Purchase Order and/or Notice-to-Proceed letter. Thank you for your bid. Sincerely, CITY OF JACKSONVILLE BEACH /s/luis F. Flores Property and Procurement Division Page 21 of 63

22 FORM 3: REQUIRED DISCLOSURE FORM The following disclosure is of all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this State or any other state or the United States against (1) bidder, (2) any business entity related to or affiliated with bidder, or (3) any present or former owner of bidder or of any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns twenty (20) percent or less of the outstanding shares of a bidder whose stock is publicly owned and traded: Signed: Title: Contractor: Page 22 of 63

23 FORM 4: DRUG-FREE WORKPLACE COMPLIANCE FORM IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Word/Drug Free) Vendor s Signature Page 23 of 63

24 FORM 5: NON-COLLUSION AFFIDAVIT, being first duly sworn deposes and says that: 1. He (it) is the, of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employee, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm orperson to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including his affidavit. By: Sworn and subscribed to before me this day of, 20, in the State of, County of Notary Public My Commission Expires: Page 24 of 63

25 STATE OF ) COUNTY OF ) FORM 6: NON-BANKRUPTCY AFFIDAVIT member of the firm of that; is an officer and, being first duly sworn, deposes and states 1. The subsequent certification statement is a true and accurate statement as of the date shown below. 2. The affiant understands that the intentional inclusion of false, deceptive or fraudulent statements on this Non-Bankruptcy Affidavit constitutes fraud; and, that the City of Jacksonville Beach, Florida, considers such action on the part of the affiant to constitute good cause for denial, suspension, revocation, disqualification, or rejection of affiant s participation in BID No Certification Statement: This is to certify that the aforementioned firm has not filed for bankruptcy in the past seven (7) years and that no owner/officer or principal of the aforementioned firm has filed for bankruptcy personally in the past seven (7) years or has been an owner/officer or principal of a firm which has filed for bankruptcy in the past seven (7) years. Affiant Signature Sworn to before me this day of, 20 by. (Name of affiant) He/She is personally known to me or has produced as identification. Signature of Notary Notary s Printed Name Expiration of Notary s Commission Affix Seal Here: Page 25 of 63

26 FORM 7: BIDDER S QUALIFICATIONS (Page 1 of 6) PART A: Office Location and Key Employees Company Name: Address Name: City, State and Zip: Telephone Number: Business Start Date: Number of years in this type of business: Key Employees Working on this City Project: Employee Name: Brief Description Employee Experience/Qualifications: Use additional page(s) if necessary Page 26 of 63

27 FORM 7: BIDDER S QUALIFICATIONS (Page 2 of 6) PART B: Past Record Providing Same/Similar Services Reference No. 1 - Company Name: Contact Name: Telephone #: Provide Date & Describe Work Completed: Reference No. 2 - Company Name: Contact Name: Telephone #: Provide Date & Describe Work Completed: Reference No. 3 - Company Name: Contact Name: Telephone #: Provide Date & Describe Work Completed: Reference No. 4 - Company Name: Contact Name: Telephone #: Provide Date & Describe Work Completed: Reference No. 5 - Company Name: Contact Name: Telephone #: Provide Date & Describe Work Completed: Use additional page(s) if necessary Page 27 of 63

28 FORM 7: BIDDER S QUALIFICATIONS (Page 3 of 6) PART C: Equipment List Provide a detailed listing of available equipment at the time of bidding., any other supplies or equipment necessary to perform the work as outlined in these specifications. Indicate whether equipment is owned or leased. EQUIPMENT TYPE Leased/Owned Use additional page(s) if necessary Page 28 of 63

29 FORM 7: BIDDER S QUALIFICATIONS (Page 4 of 6) PART D: Methodology of Providing the Services Provide concise written explanation of how the firm will accomplish the work specified. The narrative is also to include a description of equipment and methods to be used in performing ancillary tasks. Use additional page(s) if necessary Page 29 of 63

30 FORM 7: BIDDER S QUALIFICATIONS (Page 5 of 6) PART E: Response Schedule for Providing the Services Explain and list the proposed response schedule(s) for routine work and emergency work. Use additional page(s) if necessary Page 30 of 63

31 FORM 7: BIDDER S QUALIFICATIONS (Page 6 of 6) PART F: Subcontractor Listing List all proposed Subcontractors to be used for this Project. Firm Name Address Contact Name & Phone Number Bid Number: Contractor: Address: City, State: Use additional page(s) if necessary Page 31 of 63

32 FORM 8: PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called Surety, are held and firmly bound unto CITY of Jacksonville Beach, as Obligee, hereinafter called CITY, in the amount of Dollars ($ ) in lawful money of the United States, equal to one hundred percent (100%) of the total Contract price for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written agreement dated, 20, entered into a Contract with CITY for: CITY OF JACKSONVILLE BEACH Bid Number in accordance with Drawings and Specifications prepared by the City of Jacksonville Beach, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section of the Florida Statutes. B. The above named Principal and Surety hereby jointly and severally agree with the CITY that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The CITY shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. Page 32 of 63

33 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. The Principal and the Surety jointly and severally, shall repay the CITY any sum which the CITY may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. E. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. F. The Surety represents and warrants to the CITY that they have a Best's Key Rating Guide General Policyholder's rating of " " and Financial Category of "Class ". IN WITNESS WHEREOF, the above bounded parties 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. Page 33 of 63

34 WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: WITNESSES: Signature of Authorized Officer (Affix Seal) Title Business Address City State SURETY: WITNESS: Corporate Surety Attorney-in-Fact (Affix Seal) Business Address City State Name of Local Insurance Agency Page 34 of 63

35 CERTIFICATES AS TO CORPORATE PRINCIPAL I,, certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary (Corporate Seal) STATE OF FLORIDA ) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the. Subscribed and sworn to before me this day of 20, A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: Page 35 of 63

36 STATE OF FLORIDA ) ss COUNTY OF ) FORM 9: PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called CONTRACTOR, as Surety, hereinafter called Surety, are held and firmly bound unto the CITY of Jacksonville Beach as Obligee, hereinafter called CITY, in the amount of Dollars ($ ) equal to 100% of the total contract price, for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written agreement dated, 20, entered into a Contract with CITY for: CITY OF JACKSONVILLE BEACH Bid Number in accordance with Drawings and Specifications prepared by the City of Jacksonville Beach, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the CITY and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the CITY any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the CITY may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said CITY may sustain on account of such work, or on account of the failure of said CONTRACTOR to properly and in all things, keep and execute all of the provisions of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the CITY and shall provide that the CONTRACTOR guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one (1) year. If any part of the project, in the judgment Page 36 of 63

37 of the CITY, for the reasons above stated needs to be replaced, repaired or made good during that time, the CITY shall so notify the CONTRACTOR in writing. If the CONTRACTOR refuses or neglects to do such work within five (5) days from the date of service of such Notice, the CITY shall have the work done by others and the cost thereof shall be paid by the CONTRACTOR or his Surety. C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. D. The surety represents and warrants to the CITY that they have a Best's Key Rating Guide General Policyholder's Rating of " " and Financial Category of "Class ". IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 20, A.D., 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. WITNESS: (If Sole CITYship or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: WITNESSES: Signature of Authorized Officer (Affix Seal) Title Business Address City SURETY: State Corporate Surety Page 37 of 63

38 WITNESS: Attorney-in-Fact (Affix Seal) Business Address CITY State Name of Local Insurance Agency CERTIFICATES AS TO CORPORATE PRINCIPAL I,, certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. STATE OF FLORIDA ) ss COUNTY OF ) Secretary (Corporate Seal) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the. Subscribed and sworn to before me this day of 20, A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: Page 38 of 63

39 (a) FORM 10: BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Jacksonville Beach as City in the penal sum of, (5 percent of the Contract Bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the City of Jacksonville Beach, Bid Number NOW THEREFORE, If said Bid shall be rejected, or in the alternate, (b) If said principal shall not withdraw said bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be no way impaired or affected by an extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day of, A.D.,, 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. WITNESS: (If Sole Cityship or Partnership, two (2) Witnesses required.) (If Corporation, Secretary only will attest and affix seal.) PRINCIPAL: WITNESSES: Name of Firm Signature of Authorized Officer (Affix Seal) Title Page 39 of 63

40 Business Address City State SURETY: WITNESS: Corporate Surety Attorney-in-Fact (Affix Seal) Business Address City State Name of Local Insurance Agency I,, certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body. STATE OF FLORIDA ) ss COUNTY OF ) (Corporate Secretary Seal) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City, the Subscribed and sworn to before me this day of, 20, A.D. (Attach Power-of-Attorney to original Bid Bond) Notary Public State of Florida-at-Large My Commission Expires: Page 40 of 63

41 1. OVERVIEW: EXHIBIT A BID SPECIFICATIONS The City of Jacksonville Beach (CITY) is seeking submittal of bids and qualifications from qualified contractors interested in providing services for Milling, Paving, Sidewalk/Curbing Repairs and removal, replacement and/or installation of existing or new concrete sidewalks, handicap ramps, driveways, curbing and similar concrete structures, within the service area of the City of Jacksonville Beach, Florida 2. OBJECTIVE: The objective of this Invitation To Bid is to award combination(s) of one or more Bid Item(s) to the lowest, responsive bidder for each combination, as determined solely by the CITY to be in its best interest. The CITY reserves the right to award, or not to award, any and/or all bid item(s) and to reject any and all bids, or portions thereof, as determined to be in its best interest at the CITY s sole discretion. Measurements listed in the Bid Proposal Form are estimated. It is each bidder s responsibility to verify measurements prior to bidding and base its lump sum bid on each Bid Item on the verified measurements. Payment will only be made after full completion of each Bid Item work and after acceptance by the CITY. CONTRACTOR shall submit invoice for payment. 3. SCOPE OF SERVICES: A. The CONTRACTOR shall perform the services as detailed for each awarded Bid Item under its Description of Work in the Bid Proposal Form and according to the criteria, specifications and standards in the following paragraphs: 1) Paragraph 4, GENERAL SPECIFICATIONS; 2) Paragraph 5, PROCEDURES AND MATERIALS; and, 3) Paragraph 11, MEASUREMENT AND PAYMENT. B. The CONTRACTOR shall furnish all labor, equipment, materials, supervision and means to perform the services for milling existing pavement, providing new paving, and removal, replacement and/or installation of existing and new concrete sidewalks, handicap ramps, driveways, curbing, and all associated work, as specified hereinafter. All work shall be of the highest quality, performed in the safest manner, and completed to the satisfaction of the CITY. C. The CONTRACTOR shall repair or restore all structures and/or property that may be Page 41 of 63

42 damaged or disturbed during the performance of the work at no additional cost to the CITY. D. The CONTRACTOR shall perform and complete the services in the manner best calculated to promote rapid installation with safety of life and property and to the satisfaction of the CITY and in strict accordance with these invitation to bid documents. 4. GENERAL SPECIFICATIONS: A. Materials and methods of operations required for installing new and replacement pavements shall be in accordance with the applicable requirements and Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation, latest edition, except as otherwise noted herein. B. Where construction requires removing pavement, or where existing paving is damaged by the Contractor s operation, it is the intent of these specifications that due care be exercised in saw-cutting pavement, backfilling trenches and replacing pavement to the end of securing a condition where no further settlement of trenches will occur and the paved surfaces will be restored to a condition equal to or better than that existing before construction began. C. No paving work shall be accomplished until all heavy construction equipment is permanently removed from the site. D. All surfaces, which have been damaged by the Contractor s operations, shall be restored to a condition at least equal to that in which they were found immediately before work was begun. This includes reflective pavement markings and striping. E. Traffic Striping / Marking: Intersections, School Crossings, Divided Roadways and Four-way intersections shall receive special attention with temporary pavement markings. Temporary traffic striping / marking shall meet the requirements of the latest edition of the FDOT Standard Specifications for Road and Bridge Construction, Section 710, except that Paragraphs (Method of Measurement) and (Basis of Payment) shall be omitted. No additional payment will be made for traffic striping / marking. F. Contract Time. The CONTRACTOR will be required to complete the work within 120 calendar days from the effective date listed in the Notice-to-Proceed issued for each individual Bid Item. G. Notice-to-Proceed: Issuance of Notice-to-Proceed by each individual Bid Item shall be subject to availability of funds and will be at the sole discretion of the CITY. H. Working Hours. Working hours will be limited to normal CITY working hours, 8:00 a.m. to 6:00 p.m., unless the CITY provides written approval to work extended hours for special circumstances. Page 42 of 63

43 I. Maintenance of Traffic. The CONTRACTOR shall provide flag personnel for maintenance of traffic, equipped with hard hats, traffic safety vests and stop/slow signs and other construction signs as needed. A single travel lane will be maintained at all times, unless the CITY previously approves otherwise at its sole discretion. J. Valve Boxes, Water Meters, Manhole Covers and other Utility Boxes. The CONTRACTOR shall be responsible that valve boxes, water meters, manhole covers and other utility boxes are level with the new asphalt pavement and new concrete finished grade elevations. 1) Adjustments to finished grade elevations necessary in new and/or replacement concrete. This work is included within the work and unit prices in Bid Items 4, 5, 6, and 7 of the Bid Tender Form. 2) Adjustments to finished grade elevations necessary for valve boxes and manhole covers in new and milled/repaved asphalt pavement. Where it is necessary to adjust manhole covers and valve boxes in the asphalt paved portion of the street rights-of-way, these adjustments shall be made by the CONTRACTOR prior to the milling and paving, as coordinated with and directed by the CITY. The CONTRACTOR shall perform this work and receive compensation based on the unit prices in Bid Item 10 of the Bid Tender Form as the basis. a. Manhole adjustments in asphalt pavement. Precast concrete adjustment rings shall be minimum 4000psi concrete, Type II cement. Minimum height of rings shall be 2 inches. Maximum height of stacked rings shall be no more than 18 inches. Rings shall be grouted in place with concrete mortar (minimum ½-inch), which shall be applied to the interior and exterior surfaces of the concrete adjustment rings. In lieu of precast concrete adjustment rings, bricks may also be utilized (mortar in place) with minimum ½-inch thick concrete mortar layer on interior and exterior surfaces. b. Valve Box adjustments in asphalt pavement. Valve box adjustment rings are to be provided by the CITY and, where necessary, are to be installed by the Contractor during the milling and paving process. K. Positive Drainage. All milling and new paving, new sidewalk/handicap ramp/driveway /curbing concrete areas will be installed to ensure that positive drainage in the surrounding area is maintained, enhanced, and improved. L. Erosion Control. The CONTRACTOR shall be responsible to provide erosion control measures to prevent any sediment and debris from entering stormwater drainage system infrastructure (such as piping, structures, ditches, etc.), streets, and/or private/public property. If the stormwater system infrastructure, streets, and/or property have to be cleaned / re-cleaned due to failure by the CONTRACTOR to provide adequate erosion Page 43 of 63

44 control measures, the CONTRACTOR will be responsible for all costs related to the cleanup operation at No Additional Cost to the CITY. M. Milling Debris: CONTRACTOR shall be responsible for removal and disposal of swept material at authorized location(s) not within the city limits of the City of Jacksonville Beach. N. Concrete Work. The CONTRACTOR shall furnish all labor, supervision, equipment, materials, and means for the proper removal and replacement of existing concrete sidewalks, handicap ramps, driveways, curbing work within the service area of the City of Jacksonville Beach. The CONTRACTOR shall be responsible for providing all excavation of site locations, grading, installation of additional fill dirt as required, concrete saw-cutting, formwork, expansion joint material, compaction, soil density testing, furnishing of concrete, concrete finishing, temporary transition material for pedestrian / vehicle safety until final finished material paving / concrete is placed, sod replacement, asphalt pavement repair and cleanup and hauling away of construction debris during installation and after installation has been completed. At a minimum during construction at a particular construction site, all concrete and soil debris shall be hauled away from the construction site at the end of each work week to an authorized debris location outside the city limits of Jacksonville Beach. O. Construction Site Ongoing Cleanup. The CONTRACTOR shall haul away all construction debris from the site in a timely manner to an authorized debris location outside the city limits. This requires that construction site(s) be cleaned up in such a manner that it is safe for pedestrians and vehicles on public or private property. The CONTRACTOR is responsible to maintain construction site(s) in a safe condition. Ultimately, the CITY reserves the right to make the final determination if a construction site is in a safe condition, and will exercise that right at its sole discretion. This in no way alleviates the CONTRACTOR from the CONTRACTOR responsibility for construction site safety. The CONTRACTOR will maintain construction site(s) at an appropriate safe standard and correct any unsafe situations immediately at No Additional Cost to the CITY. P. The CONTRACTOR shall be responsible for the repair or restoration of all structures and property that may be damaged or disturbed during performance of the services, and at No Additional Cost to the CITY. Q. Warranty Period: The one-year warranty period for accepted work shall begin on the effective date of the CITY acceptance. 5. PROCEDURES AND MATERIALS: B. All new and/or replacement concrete sidewalk sections will be a minimum 6" thick. All new and/or replacement concrete sidewalks in driveway areas shall be a minimum 6 thick as directed by a CITY representative. Width of replacement sidewalks will match the existing sidewalks. Forms will be straight and true. All new or replacement concrete Page 44 of 63

45 driveway aprons will be a minimum 6" thick as per the driveway detail sheet attached. C. CITY Inspections Prior to Concrete Pours. Prior to pouring any concrete under this contract, the CONTRACTOR will contact the Public Works Department ( ) and request an inspection of the replacement and/or ancillary new concrete work areas. No concrete formwork areas will be poured until approved by a CITY Representative. The CITY reserves the right, at its sole discretion, to reject and withhold payment for any area poured without the required CITY approval until concrete is removed and replaced by the CONTRACTOR to CITY s satisfaction at no additional cost to the CITY. D. CITY Standard Detail Sheets. CITY Standard Detail sheets are provided and are to be utilized as the standard for implementing each pay item. The CITY reserves the right at its sole discretion to adjust any and all standard details in general and/or to meet the needs of the CITY on each particular location. If the quantity of concrete per square foot changes up or down, the unit price per square foot may be adjusted proportionally up or down, subject to mutual agreement. The City reserves the right to issue new, replacement, or revised CITY Standard Detail(s) at any time. E. Compaction. All of the sidewalk/handicap ramp/driveway /curbing//spillway/ slab concrete areas will be compacted prior to pouring concrete, by utilizing a sled plate compactor. Failure to compact installation areas prior to placing concrete will be subject to rejection by the CITY and payment for those rejected areas will be withheld. F. Concrete (Replacement and New). All concrete material will be no less than 3000-PSI (with fibermesh) design mix. Only ready-mixed concrete will be used for this contract. Prior to pouring any concrete, a certified copy of the concrete design mix will be provided to the Public Works Department for review and approval. The CONTRACTOR will provide copies of the concrete delivery tickets to the Public Works office at the end of each scheduled workday in which concrete is installed. Concrete slump at the time of placement shall not exceed 4" plus or minus 1". G. Erosion Control. Implement erosion control procedures as necessary, prior to start of each bid item work. The cost of all erosion control measures will be included as part of each individual pay item and at no additional cost to the CITY. H. In the damaged/deteriorated sidewalk removal operation, the CONTRACTOR will sawcut the damaged areas back at the nearest control and/or expansion joint and install new expansion joint material. All expansion joint material will be 1/2" thick by 4" deep. New control joints will be installed at 5' intervals. In new sidewalk or replacement sections longer than 20', expansion joint material will be installed at 20' intervals. The replacement of new concrete shall be installed within five (5) working days after the removal operation. I. Maintenance of Traffic. Implement Maintenance of Traffic procedures as necessary at no additional cost to the CITY. Page 45 of 63

46 J. Materials. Materials shall be in accordance to FDOT Specifications 334 and 337. K. Milling. Milling thickness shall be performed in accordance to the depth listed in the Description of Work for each bid item or subdivision thereof, as shown in the Bid Proposal Form. The range of milling thicknesses of existing asphalt pavement is a minimum of (1) inch and up to 4 inches in depth. All materials, equipment and workmanship shall be in accordance with Section 327 of the Florida Department of Transportation Standard Specifications for Roads and Bridge Construction, latest edition, except that Paragraphs (Method of Measurement) and (Basis of Payment) shall be omitted. Note: Some location(s), in lieu of milling, may require overlay of asphalt pavement on existing asphalt surface after sweeping, at the sole discretion of the CITY. L. Positive Drainage. All milling and new paving, new sidewalk/handicap ramp/driveway /curbing concrete areas will be installed to ensure that positive drainage in the surrounding area is maintained, enhanced, and improved. M. Sod Replacement. 1) In all areas of replacement or new concrete installations, the CONTRACTOR shall be responsible for any additional sod replacement required between existing sod and the edge of replacement/new concrete. It will also be the responsibility of the CONTRACTOR to remove and dispose of any excess dirt/trash/debris material generated during the excavation/installation operation. Any additional sod required will be part of the unit price quoted for replacement/new concrete items covered under each individual Bid Item Number on the Unit Price Bid Proposal Form. The cost for all sod replacement will be included in the unit price of each BID item. No additional payment will be made for the restoration of sod associated with this contract. The CONTRACTOR is advised to use due care during the installation phase of work to minimize the amount of existing sod disturbed or required to be replaced. New sod being replaced will be the type of sod that was in-place prior to the installation phase. CONTRACTOR shall be responsible for the watering and maintenance of new sod until the new sod has properly taken root and appears to be healthy. 2) NOTE: The CITY may request additional regrading work/sod installation for different areas and/or different work throughout the city limits. Payment for this regrading work/sod installation will be done under a negotiated price, with the unit price in Pay Item 9 as the basis as shown in the Bid Proposal Form. N. Street Sweeping. Street sweep prior to applying tack coat, whether or not asphalt surface was milled. Swept material shall be disposed of at authorized locations(s) not within the Page 46 of 63

47 city limits of the City of Jacksonville Beach. O. Tack Coat. A tack coat consisting of a bituminous material hereinafter specified shall be applied at a rate of between minimum 0.02 and maximum 0.08 gallon per square yard to the existing surface after milling and street sweeping, prior to applying the asphaltic concrete pavement. All materials, equipment and workmanship shall be in accordance with Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. P. Asphaltic Concrete Surface Course. 1) The paving shall have a wearing surface of asphaltic concrete, minimum of 1-1/2 thickness to be placed in one lift on all milled roadways and minimum of 1 thickness in one lift for overlays. 2) All equipment, materials, workmanship and methods employed for Hot Bituminous Mixtures-Plant, Methods and Equipment shall be in accordance with Section 320 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. 3) Asphaltic Concrete shall be SP 9.5, Traffic Level C, PG Asphalt Binder, with a limit of RAP material used in the mix to a maximum of 15 percent. 4) Quality control shall be the contractor s responsibility and includes, but is not limited to: a. Standards. Comply with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2018, and Supplemental Specifications thereto, hereinafter referred to as FDOT Specifications and hereby made a part of this Contract to the extent they are applicable thereto and shall be as binding upon the Contractor as though reproduced herein in their entirety b. Asphalt Delivery. Inspect asphalt batch delivery tickets prior to placement to verify its quality. Ensure that asphalt temperature is in acceptable range. Provide to the CITY representative a copy of the asphalt batch delivery ticket for each truck of asphalt that is placed. c. Asphalt thickness testing. During asphalt laying operations, CONTRACTOR shall routinely verify calibration of equipment during paving operations and/or measure asphalt thickness to ensure that asphalt thickness is no less than that required under the bid item. CITY reserves right to measure paving thickness at anytime during operations. d. Tests. Where reference is made in the Florida Department of Transportation Specifications for design mixes, tests of materials, or work performed, or Page 47 of 63

48 where in the opinion of the CITY, tests are required to ascertain compliance with the specifications, the CITY shall perform such tests by an independent testing laboratory under separate contract. All testing expenses shall be borne and paid for by the CONTRACTOR. e. Areas with less than 1 inch of asphalt Milling will be performed per each bid item request unless areas are encountered where the base course is less than 1 deep. In these instances, the CITY shall be notified and a decision to reduce the milling will be determined in the field. f. Asphalt Cost Index Not Applicable The monthly asphalt cost index shall not be used to adjust bid prices. Bid prices shall remain in effect for the duration of the project. 6. MISCELLANEOUS INFORMATION AND ADDITIONAL REQUIREMENTS: A. The selected contractor(s) shall provide employees who are customer oriented, polite to citizens, and responsive to the requests and directives of CITY officials, to include public works, police, fire, parks & recreation personnel. The contractor shall permanently remove from this work, any employee requested by the CITY to be removed. B. The selected contractor(s) shall furnish all labor, equipment, materials, supervision and means for the quality performance of the services. The contractor shall perform and accomplish the services in the manner best calculated to provide the highest quality, with safety of life and property of paramount importance, and to the satisfaction of the CITY, and in accordance with the BID documents. C. Disposal Location. Removal and disposal of residuals from contractor operations are to be at an authorized location that is outside the city limits of Jacksonville Beach, Florida. D. The contractor(s) shall repair or restore all structures and property that may be damaged or disturbed during performance of the services. 7. CITY REPRESENTATIVES: Designated Representative: Public Works Director Project Manager: Public Works Division Supervisor(s) Technical Contacts: Public Works Division Supervisor(s); and/or other City Department / Division Supervisors as needed 8. SELECTION PROCESS FOR CONTRACTOR(S): Contractor(s) selection shall be in accordance with this invitation to bid. The evaluation process will determine qualifications, interest, and availability. The CITY will first review all written responses. This review will result in a ranked list of fully qualified bidders. If deemed necessary, public informal interviews may be conducted of selected bidders Page 48 of 63

49 determined to be best qualified based upon the evaluation of the written responses. The determinations are to be based on the following. WRITTEN BID PACKAGE. Bidders are to adhere to the requirements shown below. Failure to do so is a consideration that the CITY may use at its sole discretion, to reject the bid as non-responsive. 1) Be concise and to the point. 2) Limit the narrative to no more than ten (10) each 8-1/2 X 11 type written pages. 3) Provide adequate information on each criterion below. 4) Provide the criteria information below in the order shown. 9. MINIMUM QUALIFICATION REQUIREMENTS OF BIDDING FIRMS: A. A local office (Duval, Clay, St. Johns, or Nassau Counties) in which the work will be done. B. Current local staff, working directly for the firm, with the capability of performing all the services outlined in this bid promptly and within the specified time. C. Demonstrated capability, past experience, and expertise in Milling, Paving, Sidewalk/Curbing Repairs. D. A local Business License. 10. QUALIFICATIONS SUBMITTAL: A. Local Office and Project Team for Providing the Services. 1) Local Office Location. Identify the location of the local (Duval, Clay, St. Johns, or Nassau counties) office. The members of the project team are to be permanently assigned to and physically located at the local office. Routine/responsive face-to-face and telephonic interaction will be important in servicing the CITY s needs in performing this contract. 2) Key Employees to do Contract Work. List firm s team members who will work on this project. Provide brief summaries on education, certification and experience, which the firm deems important to this project. Confirm that team members are permanently assigned and physically located in firm s local office noted above.. B. Past Record of Providing the Same / Similar Services: A descriptive summary of the usual work activities performed by the submitting individual or company. C. Mechanical Equipment to be Utilized Providing the Services. Provide list and picture(s) of equipment to be used on this contract. D. Methodology of Providing the Services. Provide concise written explanation of how the firm will accomplish the work specified. The narrative is also to include a Page 49 of 63

50 description of equipment and methods to be used in performing ancillary tasks. E. Response Schedule for Providing the Services. Explain and list the proposed response schedule(s) for routine work and emergency work. F. Subcontractors. Provide list of proposed sub-contractors (if any) to be utilized. All sub-contractors must be approved by the CITY prior to work commencement. 11. MEASUREMENT AND PAYMENT: A. The CONTRACTOR s Total Lump Sum Bid Price(s) for Bid Items 1, 2 and 3, and the Grand Total Lump Sum Bid Price for Bid Items 1, 2 and 3 Combined, as awarded, and Extended Prices for Bid Items 4 through 9 (based on measured and agreed quantities installed), as awarded, as set forth in the submitted Bid Tender Form shall constitute full compensation for all required labor, materials, damage repairs, erosion control, manholes, valves, water meters, or other utility adjustments, testing, equipment, mobilization, and demobilization costs, and any and all other costs in any manner related to the work awarded and/or being performed under this invitation to bid. Except, Cityauthorized manhole adjustments and valve box adjustments within milled and repaved areas of the street rights-of-way are to be compensated using the Unit Prices for Bid Items 10 a. and 10 b., as awarded. No additional payment shall be made for any of the work herein specified in this invitation to bid. B. The CONTRACTOR shall be responsible for all the new asphalt work until accepted by the CITY. All damaged areas shall be repaired prior to final inspection and acceptance by the CITY and prior to payment being approved and processed by the CITY. C. The CONTRACTOR shall be responsible for all the new concrete work until accepted by the CITY. All damaged areas shall be repaired prior to final inspection and acceptance by the CITY and prior to payment being approved and processed by the CITY. Page 50 of 63

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