City of Jacksonville Beach

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1 City of Jacksonville Beach Purchasing Division: 1460A Shetter Ave., Jacksonville Beach, FL Tel: INVITATION TO BID Bid Number: RFP Title: Day: Wednesday Submittal Deadline Date: January 7 th 2015 Time: 2:00 P. M. Location: Purchasing & Procurement Address: 1460-A Shetter Ave., Jacksonville Beach, FL ANTICIPATED TIME LINE: The anticipated schedule for this Bid is as follows: Bid Issue Date Bid Advertised Site Visit and Inspection Meeting Deadline to Submit Questions Addendum (if necessary) Issued Submission Deadline Bids Opened Bids Evaluated Recommendation to Council Contract Award 15-Dec Dec Dec Dec Dec Jan Jan Jan Feb Feb-15 SITE VISIT and INSPECTION MEETING: Time: 10:00 AM Date: Monday December 22 nd 2014 Location: 11 North Third Street, Jacksonville Beach, FL Page 1 of 37

2 Bid #: Title: CARPET INSTALLATION CITY BUILDINGS Overview: The City of Jacksonville Beach is seeking bids from qualified vendors to remove existing carpet and cove base, supply and install new commercial grade carpet tiles, cove base and required materials on the first and second floors at City Hall and on the second floor at the Operations and Maintenance Facility. Site Visit and Inspection Meeting: Bidders are encouraged to attend a site visit at 10:00 AM on Monday December 22 nd 2014 at City Hall, address: 11 North Third Street, Jacksonville Beach, FL Contract Term: The contract will be completed in three phases, and the selected vendor will be paid at the completion of each phase. Information to be furnished with Bid: 1. Bid Unit Price Tender Form 2. Bid Award Notice Form 3. Required Disclosure Form 4. Drug-Free Compliance Form 5. Non-Collusion Affidavit 6. Non-Bankruptcy Affidavit 7. Reference List 8. Product Specifications Lists 9. Occupational License 10. W-9 1. Bid submittals are due no later than 2:00 PM on Wednesday January 7 th 2015 and will be received at: Purchasing & Procurement Division, 1 st Floor O&M Building, 1460-A Shetter Avenue, Jacksonville Beach, FL Please submit duplicate completed bid packages in one sealed envelope. Packages received without the requested information or quantities may be rejected. 3. Clearly mark the submittal envelope with the Bid Number, Bid Title and Bidder Name. 4. It is incumbent upon the bidder to ensure that bid package submittals are received by the Purchasing & Procurement Division on time. Submissions received after the due date and time will not be considered. 5. 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. 6. No verbal interpretations will be made of any documents. Requests for such interpretations shall be made in writing or via at 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. Jason Phitides Jason Phitides, Purchasing Administrator 1460A Shetter Avenue, Jacksonville Beach, FL Page 2 of 37

3 INDEX SECTION A: BID SPECIFICATIONS..... pages Overview.... page 5 2. Site Visit and Inspection. page 5 3. Scope of Work.... pages Quantities page 7 5. Material Specifications... page Warranty..... page 9 7. Basis of Award..... page 9 8. Samples page Contract Term page Contract Compensation page Additional Services page Termination of Contract page Other Considerations..... page Minimum Qualifications of Bidding Firms page Required Bid Submittal Items Qualifications page Required Bid Submittal Items Price Submittal. page Nonexclusive page Floor Plans page 12 Floor Plan Phase 1: City Hall First Floor Utility Billing Area.page 13 Floor Plan Phase 2A: City Hall Second Floor Carpet Area.page 14 Floor Plan Phase 2B: City Hall Second Floor Vinyl Wood Plank...page 15 Floor Plan Phase 3: O&M Building Second Floor Carpet Area..page 16 SECTION B: GENERAL PROVISIONS... pages SECTION C: BID TENDER FORMS... pages FORM 1 Unit Price Bid Tender Form.. pages FORM 2 Bid Award Notice Form page 32 FORM 3 - Required Disclosure Form. page 33 FORM 4 - Drug-Free Compliance Form page 34 FORM 5 - Non-Collusion Affidavit... page 35 FORM 6 Non-Bankruptcy Affidavit.... page 36 FORM 7 Bidder s Qualifications.... page 37 Page 3 of 37

4 SECTION: A BID SPECIFICATIONS Page 4 of 37

5 BID #: TITLE: CARPET INSTALLATION CITY BUILDINGS 1. OVERVIEW The City of Jacksonville Beach is seeking bids from qualified vendors to remove existing carpet and cove base, supply and install new commercial grade carpet tiles, cove base and required materials on the first and second floors at City Hall and on the second floor at the Operations and Maintenance Facility. All materials must be installed in accordance with the manufacturer s printed instructions. Vendor must be an authorized dealer for the manufacturer, and may be required to provide proof of authorization. The project will be completed in the following phases: Phase 1: Phase 2A: Phase 2B: Phase 3: City Hall First Floor Utility Billing Area. Approximately 205 square yards. City Hall Second Floor Carpet Area. Approximately 376 square yards. City Hall Second Floor Vinyl Tile Area. Approximately 142 square yards. O&M Facility Second Floor. Approximately 800 square yards. Phases will be staggered to accommodate convenience to City staff. The vendor will be paid at the completion of each Phase. 2. SITE VISIT AND INSPECTION All interested vendors are encouraged to attend the scheduled site visit and inspection at the Council Chambers in City Hall at 11 North Third Street, Jacksonville Beach FL at 10:00 AM on Monday December 22 nd The purpose of the site visit is to clarify any parts of the solicitation and answer questions which may be pertinent to this invitation to bid. Any significant changes to the solicitation as a result of the discussions at the site visit and inspection will be posted on the web site at: 3. SCOPE OF WORK Remove and dispose of existing carpet and cove base. Removal shall be limited to the area being worked. Waste materials shall be disposed of in accordance with local and state regulations. All waste removed from site must be disposed at approved landfill sites outside Jacksonville Beach city limits. All disposal charges incurred will be the responsibility of the vendor. Placement of dumpsters or containers for project waste must be coordinated with and Page 5 of 37

6 approved by the Property Management Superintendent. The vendor is responsible for proper, legal disposal of any and all materials that may be placed in open or unsecured dumpsters or containers. Ensure the flooring is prepared for proper installation of new material and is in accordance with manufacturer s installation guidelines. Cove Base and reducers to be installed. Cove base should be placed against all areas that currently have them. Color selection by the City. Any hard-wired electrical connections will be disconnected/reconnected by City staff. All desks, surface areas and shelves will be emptied by City staff. Empty furniture and cubicle dividers are to be moved by the vendor to facilitate proper installation of carpet and/or vinyl wood plank flooring. An agreed upon work schedule will be negotiated with the vendor for each phase. As much work as possible is to be performed during non-working hours (i.e. after 5:00 PM on weekdays, or on weekends) when the buildings are not open to the public. The vendor s workmanship and materials shall comply with all state and local building codes, laws and regulations. The attached floor plans are to be used as building guides only and to establish estimated quantities for bid purposes. The vendor is responsible for exact and correct measurements and to coordinate the same with the City Project Manager. Exact measurements will be determined by both the City and the vendor prior to the project commencement. Payment will be based on the submitted unit prices applied to the exact measurements. The vendor shall be responsible for completely supervising and directing the work under contract and all subcontractors that may be utilized. Subcontractors who perform work under this contract shall be responsible to the Prime Contractor. The Prime Contractor shall be fully responsible for any acts and omissions of subcontractors and of persons employed by subcontractors as well as for the acts and omissions of the Prime Contractor s own employees. The work shall be performed in accordance with the installation and application instructions provided by the manufacturer(s) and the accepted best practices of the trades. All flooring shall be securely attached to the floor in compliance with the Americans with Disabilities Act. Installed flooring shall be free of spots, dirt or soil, tears and frayed or pulled tufts. The vendor is responsible for thoroughly vacuuming the flooring immediately after installation. The vendor shall be responsible for the preservation and protection of all work and property from damage until the City accepts the work. In the event damage does occur, all damage shall be completely repaired or replaced to the satisfaction of the City. All costs of such work shall be Page 6 of 37

7 paid by the vendor. Vendor is responsible for dust and debris control during the entire period, and shall maintain a reasonable dust-free condition in access route areas as well as enclosed areas. Upon completion of any portion of the work, Contractor shall remove at their own expense from the property, all temporary structures, equipment and surplus materials not required. The vendor shall maintain a safe and clean work site continuously throughout the duration of the project. All tools must be removed prior to opening each day. Small quantities of unused tiles may remain in the work area provided they are containerized and/or neatly stacked. The vendor shall be responsible for disposing, at no additional cost, any trash or debris generated by work performance. Warranty documentation shall be supplied by the vendor to the City. Upon completion of installation, a copy of the manufacturer s maintenance manual and/or cleaning instructions shall be supplied at no additional cost to the City. The vendor shall have 15 calendar days after Notice to Proceed is issued to complete each phase. If the work is not completed in the specified time, the Contractor shall pay the City liquidated damages of $300 for each calendar day after the expired date of work completion. The work described in this specification shall be done with the least inconvenience to the City. The amount of time that normal operations are interrupted must be kept to an absolute minimum and shall be coordinated with the user agency at (904) QUANTITIES No warranty or guarantee is given or implied as to the total amount to be purchased as a result of this contract. The quantities stated in this bid are estimates, to be used for bid comparison purposes only. If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the City shall have the right to terminate the contract without any obligation or penalty. Following are the estimated quantities for each project phase: PHASE FLOORING COVE BASE square yards 275 linear feet 2A 376 square yards 470 linear feet 2B 142 square yards 175 linear feet square yards 1,232 linear feet Totals 1,523 square yards 2,152 linear feet Page 7 of 37

8 5. MATERIAL SPECIFICATIONS A. Carpet: Minimum quality must meet or exceed following specifications Manufacturer: Mohawk Style Name: First One Up Modular Style Number: BT286 Color: 7728 Physical Brand: Bigelow Product Type: Modular Construction: Tufted Surface Texture: Textured Pattern Loop Gauge: 1/12 (47.00 rows per 100 cm) Density: 7266 Weight Density: 159,852 Stitches Per Inch: 9.0 (35.43 per 10 cm) Finished Pile Thickness: 109" (2.77 mm) Dye Method: Solution Dyed Backing Material: EcoFlex ICT Fiber Type: Colorstrand SD Nylon Face Weight: 22 oz. per sq. yd. ( g/m2) Pattern Repeat: Not Applicable Size/Width: 24" x 24" (.6096 m x.6096 m) Soil Release Technology: Sentry Plus GSA Stain Release Rating: Pass Installation Method: Monolithic, Vertical Ashlar, Brick Ashlar, Quarter Turn, Multi-Directional Indoor Air Quality: Green Label Plus 1098 Foot Traffic Recommendation: Severe NSF 140: Gold Static: AATCC-134 Under 3.5 KV Flammability: ASTM E 648 Class 1 (Glue Down) Smoke Density: ASTM E 662 Less than 450 Warranties: Lifetime Limited Modular Warranty Lifetime Limited Colorfast to Light 10 Year Limited Colorfastness to Atomospheric Contaminants 10 Year Stain Warranty, Lifetime Static Page 8 of 37

9 B. Vinyl Wood Plank: Minimum quality must meet or exceed following specifications: Thickness: Construction Wear Surface: Slip Resistance: Warranty: 3 mm PVC (20 mils) Meets ADA Recommendations Limited 10-year commercial warranty C. Base: Vinyl 4 cove base. Materials provided by vendor must meet or exceed the above specifications. Although the City will consider equal material specifications, an exact match for the carpet is preferred. Prior to award, the City will request samples of materials from the lowest bidder. Material acceptance is solely at the discretion of the City. If the lowest bidder s materials are not acceptable, then the City will request samples from the next lowest bidder, and continue the same procedure until acceptance is reached. 6. WARRANTY Vendor warranty - Vendor shall provide a written warranty for the completed work whereby materials and workmanship shall be repaired or replaced at no additional cost to the City for one (1) year from final completion and approved inspection. Manufacturer warranty - Provide manufacturer s warranty with the bid submittal. 7. BASIS OF AWARD This will be a non-exclusive contract. The City intends to award to the lowest responsible and responsive bidder based on total bid price. In determining the lowest responsive, responsible bidder, in addition to price, the City shall consider quality, delivery time, payment terms, warranties, options available and suitability of the service and product offered for the intended use, as well as the capacity, character, integrity, and reputation, of the bidder and any past experience with the service and product offered. The City reserves the right to refuse the low bidders bid response, based on the vendor s proposed material selection, the vendor s references, previous experience and performance, and/or color selections. The award will be determined solely by the City, with the City s best interest being the basis of such award. Page 9 of 37

10 8. SAMPLES The successful bidder may be required to furnish samples of available carpet and vinyl wood plank for evaluation prior to award. Samples furnished must conform exactly to the specifications herein unless otherwise specified by the buyer. Samples furnished with deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon request. Samples not provided in accordance with the specifications or within the time specified may result in rejection of the bid. The successful bidder's samples may be retained pending delivery, for comparison with products delivered under the contract. Samples will not be returned unless the vendor indicates the requirement to do so at the time the sample is furnished, and then only at the vendor's expense. Failure to arrange for pick-up of released samples within thirty (30) calendar days will result in disposal of the samples. 9. CONTRACT TERM Subject to available funding, it is the City s intention to complete both buildings prior to the City s fiscal year end on September 30, The project is to be completed in phases and the City will determine the time and dates for each phase that are most convenient to the City. Contract prices are to remain fixed for one calendar year from the date of the contract. In the event the project extends beyond one calendar year, then the City may re-bid any outstanding phases, or may renegotiate pricing with the vendor, whichever is in the best interests of the City. 10. CONTRACT COMPENSATION The vendor shall receive and accept the compensation provided in the Unit Price Bid Tender Form, based on Unit Prices and exact measurements as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the contract, and also in full payment for all loss or damages arising from the nature of the work which may be encountered during the production of the work until the final acceptance by the City. The Unit Prices stated in the Unit Price Bid Tender Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses together with any and all other costs and expenses for performing and completing the work required by the City. 11. ADDITIONAL SERVICES City shall pay vendor for additional services performed over and above the service items listed on the Unit Price Bid Tender Form. These services shall be similar in nature or related in some way to the listed service items. Previously awarded unit prices under this contract, or a reasonable portion thereof, shall be used where possible in determining compensation. Otherwise, a fair negotiated price consistent with the type services requested shall be mutually agreed. Page 10 of 37

11 12. TERMINATION OF CONTRACT The City reserves the right to terminate the contract immediately in the event the vendor: Fails to meet delivery schedules; or fails to perform the work in a timely manner as determined by the City. Fails to perform the work in a satisfactory manner as determined by the City. Defaults in the payment of any fees; or Otherwise fails to perform in accordance with this contract; or Becomes insolvent and/or files for protection under bankruptcy laws. The City reserves the right to terminate the contract for convenience at anytime after the first ninety days (90) of the contract term. Such termination is in addition to and not in lieu of any other remedies that the City may have in law or equity. The vendor, in submitting this bid, agrees that the City shall not be liable to prosecution for damages in the event that the City declares the vendor in default. 13. OTHER CONSIDERATIONS The vendor shall comply with all Federal, State and Local rules and regulations when conducting operations pursuant to this contract. The vendor shall maintain files and records of all citations and violations of any laws, statues, ordinances or regulations in the ownership, title, maintenance or operating of the equipment and such files and records shall be available upon reasonable notice for review by the City. If the vendor is in violation of any law, the vendor shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation. 14. MINIMUM QUALIFICATIONS OF BIDDING FIRM(S) A. A local office (Duval, St. Johns, Baker, or Nassau County) in which the work will be done. B. Demonstrated capability, past experience, and expertise in providing these types of services. Vendor must provide at least three (3) references (names of contact persons and phone numbers of similar commercial contracts serviced during the past eighteen (18) months. C. Current Occupational License. D. At the option of the City, vendor may be required to furnish evidence of sufficient financial responsibility to fulfill this contract, and evidence that they have, or can obtain the necessary equipment, manpower, and storage facility to ensure delivery within the parameters of this contract. E. Prior to award of this contract, the City reserves the right to inspect the facilities of any bidder/offeror. The reputation of bidders regarding adequacy of their resources and facilities, and past records of their skillful performance of work of the type and magnitude Page 11 of 37

12 required herein shall be considered when making the award. 15. REQUIRED BID SUBMITTAL ITEMS QUALIFICATIONS A. Provide a list of at least 3 references for commercial carpet installation work. (See Form 7). B. Occupational / Contractor license(s). Attach copies to bid submittal. C. W-9 Form. Attach completed and signed form, which can be obtained from REQUIRED BID SUBMITTAL ITEMS - PRICE SUBMITTAL The City is exempt from manufacturer s federal excise tax and state sales tax. Tax exemption certificates will be issued upon request. A. Interested bidders are required to submit a quotation of proposed Unit Prices, which shall remain stable and be utilized during the term of the contract. Bidding firms are required to submit Unit Prices with the bids on the attached Unit Price Bid Tender Form. The bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) days after the opening of bids. The bidder understands that the City reserves the right to: 1) Reject all bids and waive informalities in the bid. 2) Award the total base bid to the lowest, responsible and responsive bidder. B. Bidders must provide a Unit Price on each bid item listed. All price entries on the Unit Price Bid Tender Form must be clearly written in figures using ink. C. Bidders must provide product details along with the Unit Price Bid Tender Form i.e. provide specification sheets for carpet and vinyl wood plank similar to those table under paragraph 5 Material Specifications. D. The City reserves the sole right to reject bids in which the prices are obviously unbalanced. 17. NONEXCLUSIVE Notwithstanding the contract resulting from this bid, the City reserves the right to follow its normal purchasing procedures at anytime to procure additional services for any of the types of work noted in this bid. 18. FLOOR PLANS Floor plans provided are for illustrative and building layout purposes only and are not intended to be used for determination of exact material quantities or area. The vendor is responsible for exact and correct measurements of all materials. Page 12 of 37

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17 SECTION: B GENERAL PROVISIONS Page 17 of 37

18 1.1 INSTRUCTIONS TO BIDDERS Specifications that are explicit to this particular Invitation to Bid are at Section A: Bid Specifications, which begins on page 4. Bidders must provide the following, completely filled out, appropriately executed, and timely submitted as the minimal bid package: o Form 1: Unit Price Bid Tender Form (4 pages), o Forms 2, 3, 4, 5 & 6, 7 o Product Specifications Lists if not the exact specified carpet o Occupational License and W-9 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 bids 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. Contract Termination. Subject to a fourteen (14) 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. Page 18 of 37

19 E. Award. 1) The CITY reserves the right to waive informalities, to reject any and all bids, in whole or in part, and to accept the bid that in its judgment will best serve the interest of the CITY. 2) The CITY specifically reserves the right to reject any conditional bid 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. F. 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. G. 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 Invitation To Bid (ITB) 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 Jason Phitides, Purchasing Administrator in the Purchasing and Procurement Division at (904) ADDENDUM TO THE BID If any addendum(s) are issued to this bid, a good faith attempt will be made to deliver a copy to each of those bidders, who, according to the records of the Purchasing 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 Purchasing and Procurement Division ( ) to determine if any addendum(s) were issued and if so, to obtain such addendum(s) for attachment to, and consideration with, the bid. Bidders should either acknowledge receipt of such addendum(s) on their bid, or attach such addendum(s) to their bid. 1.5 USE OF BID RESPONSE FORMS All bids must include the completed Unit Price Bid Tender Form provided in this package, and all questions must be answered. Bids will not be accepted where the Unit Price Bid Tender Form has been retyped or altered by the bidder. Failure to comply shall preclude consideration of the bid. Supplemental information may be attached to the Unit Price 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 comply with the requested services. Any deviations from the services requested should be clearly noted. Page 19 of 37

20 1.7 CONFLICT WITH SPECIMEN CONTRACTS Unless specifically noted to the contrary as a deviation from the bid, the submission of the Bidder s specimen contract with a bid submittal shall not constitute notice of the Bidder s intent 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 Bidder. 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 Chapter 119, Florida Statutes 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 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 bid is not authorized to submit a bid 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 Page 20 of 37

21 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 ITB that the submission of any bid response to the advertisement request constitutes a bid 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 awarded Vendor(s), 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(s) 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 ITB 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 CONFLICT OF INTEREST CERTIFICATE Under no circumstances should any prospective Bidder or any person or persons acting for or on behalf of the said prospective Bidder, seek to influence or gain the support of any member of the City Council or the City Staff favorable to the interest of any prospective Bidder or seek to influence or gain the support of any member of the City Council or City Staff against the interest of any prospective Bidder. Any such activities shall result in the exclusion of the prospective Bidder from consideration by the CITY 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, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Page 21 of 37

22 1.18 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 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 WARRANTY The successful Bidder shall warrant that all items/services shall conform to the proposed specifications and/or warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title PERFORMANCE AND PAYMENT BONDS (NOT REQUIRED) 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. Page 22 of 37

23 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. (NOT REQUIRED.) 1.21 INSURANCE REQUIREMENTS A. DEFINITIONS The City: The City, the City Council, Officers, employees, volunteers, representatives and agents. Other Party Defined: Name of other person or company, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, Contractors and sub-contractors. B. 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. C. 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 persons or property. The CONTRACTOR acknowledges that such stoppage will not shift Page 23 of 37

24 responsibility for any damages from the CONTRACTOR to the Organization. D. 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 $100,000 each accident, $100,000 each employee and $500,000 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 24 of 37

25 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 is 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. E. CERTIFICIATES OF INSURANCE OF CONTRACTOR AND 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 change. New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals. Page 25 of 37

26 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 coverage 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 INDEMNIFICATION REQUIREMENT The CITY shall require the following or similar indemnification paragraphs to be made part of the contract as entered into with the successful Bidder. The CITY shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting there from, arising out of performance of the agreement or contract, unless such claims are a result of the CITY s own negligence. The CITY shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide the contract services resulting in malpractice, or errors or omissions liability arising out of performance under this contract, unless such claims are a result of the CITY s own negligence BANKRUPTCY No firm will be issued a contract for the work, where in a key representative has filed for bankruptcy personally or has been a CITY/officer or principal of a firm, which has filed bankruptcy in the past seven (7) years 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). Page 26 of 37

27 SECTION: C BID TENDER FORMS Page 27 of 37 Section C: Bid Tender Forms

28 FORM 1: UNIT PRICE BID TENDER FORM (Page 1 of 4) BID #: Bid Submittal of: (Bidder Company Name) PLEASE PROVIDE BID PRICES FOR THE FOLLOWING ITEMS: Phase 1: City Hall First Floor Carpet Utility Billing Area. Phase 2A: City Hall Second Floor Carpet Office Areas Phase 2B: City Hall Second Floor Vinyl Wood Plank Walkway Areas Phase 3: O&M Building Second Floor Carpet Office Areas Phase Estimated Measurements Vendor Pricing Extended Totals Base Yards LF Carpet /Yd Base/LF Carpet Base Total $ - $ - $ - $ - $ - 2A $ - $ - $ - $ - $ - 2B $ - $ - $ - $ - $ ,232 $ - $ - $ - $ - $ - Totals 1,523 2,152 $ - $ - $ - Page 28 of 37 Section C: Bid Tender Forms

29 FORM 1: UNIT PRICE BID TENDER FORM (Page 2 of 4) BID #: Bidder agrees to furnish, unless otherwise provided, all materials, implements, machinery, equipment, transportation, tools, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 2. The Bidder has carefully and to their full satisfaction examined the attached Scope of Work, Specifications and General Provisions, technical specifications, and Bid Tender Forms and Bidder has read all addenda issued. 3. Bidder has made a full examination of the sites and is familiar with the site conditions that may impact its performance. 4. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) provide Certificate(s) of Insurance as such document(s) will be required prior to execution of a Contract. 5. Bidder understands that the contract time starts on the date of execution of contract by the Mayor. 6. Bidder furthermore agrees that, in case of failure on their part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another Bidder and the check, bond, or other security accompanying their bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 7. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a sub-contractor or sub-subcontractor on this project. 8. Bidder shall be responsible for all permitting fees should the scope of work require any permit. 9. The City reserves the right to select and include one or more alternates in the Project and work. 10. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 11. Bidder acknowledges the ADDENDA NO(S). have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 12. The following officer, director or agent of the Bidder is also an employee of the City of Jacksonville Beach: Name: Address: Page 29 of 37 Section C: Bid Tender Forms

30 FORM 1: UNIT PRICE BID TENDER FORM (Page 3 of 4) BID #: The following employee(s) of the City of Jacksonville Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name: Address: 14. By signing and submitting this Bid, Bidder represents that all Bid Tender Forms are fully complete and accurate. 15. Bidder acknowledges that the Bid may be rejected if all Bid Tender Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. 16. By signing below Bidder agrees the price(s) are firm and guaranteed for the first three years of this bid. Bidder Company Name: Business Address: City & State: Address: Telephone Number: BIDDER: Signature of Official authorized to bind Bidder Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in rejection of the Bid. Page 30 of 37 Section C: Bid Tender Forms

31 FORM 1: UNIT PRICE BID TENDER FORM (Page 4 of 4) BID #: The Bidder understands that the CITY reserves the right to reject all bids and waive informalities in the bids. ADDENDA RECEIPT VERIFICATION Bidder shall acknowledge receipt of all addenda, if any, to the Invitation to Bid, by filling in Addenda Numbers and dates below. Addendum #: Dated: Addendum #: Dated: Addendum #: Dated: Addendum #: Dated: BID 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 FORM SECTION TITLE Check-Off [ ] 1 BID TENDER FORM (completed Pages 28-31) [ ] 2 BID AWARD NOTICE FORM Cover Sheet (completed Page 32) [ ] 3 REQUIRED DISCLOSURE FORM (completed Page 33) [ ] 4 DRUG-FREE WORKPLACE COMPLIANCE FORM (completed Page 34) [ ] 5 NONCOLLUSION AFFIDAVIT (completed Page 35) [ ] 6 NON-BANKRUPTCY AFFIDAVIT (completed page 36) [ ] 7 BIDDER S QUALIFICATIONS: List of References for Similar Work (page 37) [ ] ATTACH PRODUCT SPECIFICATIONS if not supplying exact specified materials [ ] Occupational License [ ] W-9 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. Page 31 of 37 Section C: Bid Tender Forms

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