INVITATION TO BID · paving contractors interested in providing services for Asphaltic Concrete...

City of Jacksonville Beach Purchasing Division: 1460A Shetter Ave., Jacksonville Beach, FL 32250

Tel: 904-247-6229 Email: [email protected]

INVITATION TO BID

Bid Number: 1920-10

Bid Title: Asphaltic Concrete Milling, Paving and Overlaying of Roadways

Submittal Deadline Day: Wednesday Date: September 9, 2020 Time: 3:00 P. M.

Location: Purchasing and Procurement

Address: 1460A Shetter Ave., Jacksonville Beach, FL 32250

ANTICIPATED TIME LINE: The anticipated schedule for this Bid is as follows:

Bid Advertised 12-August-2020 Deadline to Submit Questions 28-August-2020 Addendum (if necessary) Issued 2-September-2020 Bids Opened 9-September-2020

City of Jacksonville Beach Public Works – Streets Division

Invitation to Bid #: 1920-10 Asphaltic Concrete Milling, Paving and Overlaying of Roadways

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Bid #: 1920-10 Title: ASPHALTIC CONCRETE MILLING, PAVING AND OVERLAYING OF ROADWAYS Overview: The City of Jacksonville Beach (CITY) is seeking submittal of bids and qualifications from paving contractors interested in providing services for Asphaltic Concrete Milling, Paving and Overlaying of Roadways within the service area of the City of Jacksonville Beach. Information to be furnished with Bid:

1. Bid 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. Bidder’s Qualifications Parts A through F 8. Bid Bond 9. Local Business Tax Receipt 10. W-9

Electronic response submission with the company name, Bid number and title in the file name will be sent to:

https://cojbftp2.jaxbchfl.net/public/folder/nRWSVOXNHkiN_wg5Ty5tdw/Bid%201920-10 Password: bz$u9D?t

It is the respondent’s responsibility to ensure that all files for the response are able to be received by the City. Completed responses to this Bid will only be received electronically. The response should include One (1) PDF of the entire response with the required signatures. This will serve as the official submitted response.

Electronic submissions received after the posted due date and/or 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 response documents. Requests for such interpretations shall be made via email to [email protected] at least seven (7) days prior to the Bid opening date. Interpretation will be in the form of an addendum and issued to all respondents.

Bid opening call – in information: As authorized by the governor’s executive order and due to the current restrictions and limitations for social distancing and gatherings surrounding the COVID-19 crisis, we are conducting a telephonic Bid opening on Wednesday, September 9, 2020 at 3:00pm.

The Governor's Executive Order Number 20-69, addressing Local Government Public Meetings, states local government bodies may utilize communications media technology (CMT), as provided in section 120.54(5)(b)2., Florida Statutes.

https://cojbftp2.jaxbchfl.net/public/folder/nRWSVOXNHkiN_wg5Ty5tdw/Bid%201920-10

mailto:[email protected]



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The following CMT telephone options are available to listen to the September 9, 2020 Bid opening.

Dial(for higher quality, dial a number based on your current location): US: +1(470)8692200 (US East)

+1(646)3573664 +1(773)2319226 (US North) +1(312)2630281 +1(623)4049000 (US West) +1(650)2424929 +1(720)9027700 (US Central) +1(213)2505700 +1(346)9804201 +1(469)4450100 (US South)

Meeting ID: 148 598 5587



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INDEX

SECTION A: BID SPECIFICATIONS pages 5-12

1. Overview page 6 2. Objective page 6 3. Scope of Services page 6 4. General Specifications pages 7-8 5. Procedures and Materials pages 8-10 6. Miscellaneous Information and Additional Requirements page 10 7. City Representatives page 10 8. Selection Process for Contractor(s) pages 10-11 9. Minimum Qualifications Requirements for Bidding Firms page 11 10. Qualifications Submittals pages 11-12 11. Measurement and Payment page 12 12. Nonexclusive page 12

SECTION B: GENERAL PROVISIONS pages 13-23

SECTION C: BID TENDER FORMS pages 24-52

FORM 1 –Unit Price Bid Tender Form pages 25-32 FORM 2 – Bid Award Notice Form page 33 FORM 3 - Required Disclosure Form page 34 FORM 4 - Drug-Free Compliance Form page 35 FORM 5 - Non-Collusion Affidavit page 36 FORM 6 – Non-Bankruptcy Affidavit page 37 FORM 7 – Bidder’s Qualifications pages 38-43 Form 7- Part A: Office Location and Key Employees page 38 Form 7- Part B: Past Record Providing Same/Similar Services page 39 Form 7- Part C: Equipment List page 40 Form 7- Part D: Methodology of Providing the Services page 41 Form 7- Part E: Response Schedule for Providing the Services page 42 Form 7- Part F: Sub-Contractor Listing page 43 FORM 8 – Bid Bond pages 44-45 FORM 9 – Payment Bond pages 46-49 FORM 10 – Performance Bond pages 50-52

SECTION D: Maps of Bid Items 1 through 4 pages 53-58

Map of Bid Item No. 1 – 4 page 54 Map of Bid Item No. 1 page 55 Map of Bid Item No. 2 page 56 Map of Bid Item No. 3 page 57 Map of Bid Item No. 4 page 58



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SECTION: A

BID SPECIFICATIONS



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1. OVERVIEW:

The City of Jacksonville Beach (CITY) is seeking submittal of bids and qualifications from paving contractors interested in providing services for Asphaltic Concrete Milling, Paving and Overlaying of Roadways within the service area of the City of Jacksonville Beach.

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 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

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.



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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 markers 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 710-10 (Method of Measurement) and 710-11 (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 5:00 p.m., unless the CITY provides written approval to work extended hours for special circumstances.

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 and Manhole Covers. 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



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directed by the CITY. The CONTRACTOR shall perform this work and receive compensation based on the unit prices in Bid Item 5 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 paving of roadways 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 control measures, the CONTRACTOR will be responsible for all costs related to the cleanup operation.

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. Warranty Period: The one-year warranty period for accepted work shall begin on the effective date of the CITY acceptance.

5. PROCEDURES AND MATERIALS:

A. Erosion Control. Implement erosion control procedures as necessary, prior to start of each

bid item work.

B. Maintenance of Traffic. Implement Maintenance of Traffic procedures as necessary.

C. 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 327-5 (Method of Measurement) and 327-6 (Basis of Payment) shall be omitted.



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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.

D. 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 city limits of the City of Jacksonville Beach.

E. 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, except that Paragraphs 300-10 (Basis of Payment) shall be omitted.

F. Asphaltic Concrete Surface Course, Type S-III.

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) Type S-III asphalt shall be:

a. In accordance with Florida Department of Transportation Standard Specifications for

Road and Bridge Construction Section 334, Superpave Asphalt Concrete except that Paragraphs 334-7 (Method of Measurement) and 334-8 (Basis of Payment) shall be omitted.

b. Asphalt Type SP 9.5, Traffic Level C, with a limit of RAP material used in the mix to

a maximum of 40 percent.

4) Quality control shall be the contractor’s responsibility and includes, but is not limited to:

a. 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.

b. 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



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bid item. CITY reserves right to measure paving thickness at anytime during operations.

c. Tests. Where reference is made in the Florida Department of Transportation

Specifications for design mixes, tests of materials, or work performed, or 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.

d. 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.

e. 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



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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 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 asphaltic concrete milling, paving

and overlay of roadways. 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 description of equipment and methods to be used in performing ancillary tasks.



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E. Response Schedule for Providing the Services. Explain and list the proposed response

schedule(s) for routine work and emergency work.

F. Sub-contractors. 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 lump sum bid(s) as set forth in the submitted Bid Proposal Form

shall constitute full compensation for all required labor, materials, damage repairs, erosion control, manhole and valve 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. No additional payment shall be made for the work herein specified.

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.

12. 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.



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SECTION: B

GENERAL PROVISIONS



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1.1 INSTRUCTIONS TO BIDDERS Specifications that are explicit to this particular Invitation to Bid 1920-10 are at Section A:

Bid Specifications, which begins on page 5. Bidders must provide the following, completely filled out, appropriately executed, and timely

submitted as the minimal bid package:

Form 1: Bid Tender Form (8 pages), Forms 2, 3, 4, 5 & 6, Form 7: Parts A through F Bid Bond Local Business Tax Receipt 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. 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 Bids, 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 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.



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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, 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.

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 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 Luis F. Flores, Property and Procurement Officer, in the Property and Procurement Division via email at [email protected]. 1.4 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 (904-247-6229) 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.

mailto:[email protected]



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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. 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 Law, @ Chapter 119, Florida Statutes. 1.10 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. 1.12 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,



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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. 1.13 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.

1.14 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.

1.15 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (See attached Form 3).

1.16 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.

1.17 DISCRIMINATION CLAUSE



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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.

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.

1.19 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.

1.20 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



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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.

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 Forms 9 & 10).

1.21 BID SECURITY:

A. Each Bid must be accompanied by a Cashier’s Check or Bid Bond (See attached Form 8) 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). 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.

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.

1.22 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.



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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 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.



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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

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



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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.

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.

1.23 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



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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.

1.24 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. (See attached Form 6).

1.25 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).



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SECTION: C

BID TENDER

FORMS



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FORM 1: BID TENDER FORM (Page 1 of 8) BID #: 1920-10 Asphaltic Concrete Milling, Paving and Overlaying of Roadways TO: The City of Jacksonville Beach, Florida DATE:_____________ FROM:______________________________________________________________________________________ By the submission of this Bid Proposal 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.

The CITY reserves the right to award, or not to award, any and/or all bid item(s) as determined to be in its best interest at the CITY’s sole discretion.



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FORM 1: BID TENDER FORM (Page 2 of 8)

BID ITEM

LOCATION

ESTIMATED MEASUREMENTS (Length, Width, Area)

DESCRIPTION OF WORK

According to the criteria, specifications and standards of: 1) Paragraph 2, “GENERAL SPECIFICATIONS;” 2) Paragraph 3, “PROCEDURES AND MATERIALS;” 3) Paragraph 4, “MEASUREMENT AND PAYMENT.”

Paving Area (SY)

(Bidder to Verify)

BIDDER LUMP SUM BID PRICE

1

• Rip Tide Subdivision Riptide Blvd, Heron Dr. N & S, Pintail Dr. N & S, Zephyr Way N & S, Trident Court

• Mill 1-1/2” of asphalt, • Includes removing existing asphalt from curb & gutter • Apply 1-1/2” of type SP 9.5, Traffic Level C, with a limit of

RAP material used in the mix to a maximum of 40 percent

23,500 SY $_________________

***Note: Temporary Traffic Striping; This pay item includes (32) Stop Bars (2’X 10’)

BIDDER TOTAL LUMP SUM BID PRICE (BID ITEM 1): $________________________________



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BID ITEM

LOCATION


DESCRIPTION OF WORK


Paving Area (SY)

(Bidder to Verify)


2

• 5th Avenue South • 6th Avenue South • 7th Avenue South • 8th Avenue South • 9th Avenue South • 10th Avenue South • 14th Avenue South • 15th Avenue South Between 1st Street South to 3rd Street South

• Mill 1-1/2” of asphalt, • Apply 1-1/2” of type SP 9.5, Traffic Level C, with a limit of


12,550 SY $________________





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BID ITEM

LOCATION


DESCRIPTION OF WORK


Paving Area (SY)

(Bidder to Verify)


3

• Ocean Drive South From 30th Avenue South to 37th Avenue South • 31st Avenue South From Ocean Drive to 1st Street South • 32nd Avenue South From Ocean Drive to 1st Street South • 33rd Avenue South From Ocean Drive to 1st Street South • 34rd Avenue South From Ocean Drive to 3rd Street South • 35th Avenue South From Ocean Drive to 3rd Street South • 36th Avenue South From Ocean Drive to 3rd Street South • 37th Avenue South From Ocean Drive to 3rd Ponte Vedra Blvd • 2nd Street South From 34th Avenue South to 35th Avenue South • Old A1A From 35th Avenue South to Ponte Vedra Blvd


RAP material used in the mix to a maximum of 40 percent 14,450 SY $_______________





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BID ITEM

LOCATION


DESCRIPTION OF WORK


Paving Area (SY)

(Bidder to Verify)


4 4th Avenue North From 11th Street North to 3rd Street North



6,150 SY $________________


BIDDER TOTAL LUMP SUM BID PRICE (BID ITEM 4): $ _________________________________________

GRAND TOTAL LUMP SUM PRICE: (for Bid Items 1 thru 4 combined) $ ___________________________________________________________________(Numbers) _____________________________________________________________________________________________________________(Written)



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5

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, are per City’s request only.



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FORM 1: BID TENDER FORM (Page 7 of 8) 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: _____

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. Check-Off FORM SECTION TITLE

[ _ ___ ] 1 Bid Tender Form (completed pages 25-32)

[ ____ ] 2 Bid Award Notice Form – Mandatory Cover Sheet (completed page 33)

[ ____ ] 3 Required Disclosure Form (completed page 34) [ ____ ] 4 Drug-Free Workplace Compilation Form (completed page 35) [ ____ ] 5 Non-Collusion Affidavit (completed page 36) [ ____ ] 6 Non-Bankruptcy Affidavit (completed page 37) [ ____ ] 7 Qualifications Part A: Office Location & Key Employees (page 38) [ ____ ] 7 Qualifications Part B: Past Record Providing Same/Similar Services (page 39) [ ____ ] 7 Qualifications Part C: Equipment List (page 40) [ ____ ] 7 Qualifications Part D: Methodology of Providing the Services (page 41) [ ____ ] 7 Qualifications Part E:Response Schedule for Providing the Services (page 42) [ ____ ] 7 Qualifications Part F: Subcontractor Listing (page 43) [ ____ ] 8 Bid Bond (pages 44-45) [ ____ ] 9 Payment Bond (pages 46-49) [ ____ ] 10 Performance Bond (pages 50-52) 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.



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FORM 1: BID TENDER FORM (Page 8 of 8) The Bidder understands and agrees that: • The Lump Sum Total Price for each Bid Item is based on measurements the Bidder verified; • The Bidder did not rely on the estimated measurements listed in the CITY’s Bid Proposal

Form; • The bid shall be good and may not be withdrawn for 90 days after the opening of the bids.

If selected, the Bidder understands and agrees that compensation shall be based on the submitted Total Lump Sum Price for each Bid Item awarded to the Bidder for which: • The CONTRACTOR shall provide the following bonds at execution of the contract with the

CITY: o Performance Bond (see attached SECTION G). o Payment Bond (see attached SECTION H).

• A CITY Notice-to-Proceed letter and purchase order are issued; • Full Bid Item work is completed by the CONTRACTOR to the satisfaction of the CITY; • The CITY has accepted the Bid Item’s work; • There is a one-year warranty on the work from the effective date of the City acceptance.

The Bidder understands the CITY reserves the right to: • Reject all bids and/or reject all or parts of individual bids; • Waive informalities in the bids; • Award combination(s) of one or more Bid Item(s) to the lowest, responsive bidder for each

combination, as determined to be in best interest of the CITY at its sole discretion.

Signature: ___________________________________ Title (typed): _______________________ Company Name: __________________________________________ Address: _________________________________________________ City, State: _________________________________________________ Zip Code: _____________ Contractor State License Number: __________________________________ Phone Number: (______) _________________________

Fax Number: (______) _________________________ Email Address: _________________________ (If Corporation, provide President, Secretary & Treasurer identification, & Seal)

President: ___________________________ Secretary: ___________________________ Corporation Seal

Treasurer: ___________________________



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FORM 2: BID AWARD NOTICE FORM

City of Jacksonville Beach 1460A Shetter Avenue, Jacksonville Beach, FL 32250, (904) 247-6229

Cover Sheet

NOTICE: Items 1 to 6 are to be completed by the Bidder. The Bidder to submit the form

to the CITY along with the Bid Tender Form and other required documents.

1. Company Name:

2. Address Name:

3. City, State and Zip

4. Attention:

5. Phone: Fax:

6. E-mail 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 Manager and/or City Council for award of Bid No. 1920-10 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 of the Bid/RFP 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 Property and Procurement Division



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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:



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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 drug-free 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. ____________________________________ Vendor’s Signature



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FORM 5: NONCOLLUSION 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 or person 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:



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FORM 6: NON-BANKRUPTCY AFFIDAVIT STATE OF ____________________) COUNTY OF ___________________) ______________________________________________________ is an officer and member of the firm of ______________________________________, being first duly sworn, deposes and states that;

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. 1920-10.

3. 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:



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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



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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



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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



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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



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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



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FORM 7: BIDDER’S QUALIFICATIONS (page 6 of 6) PART F: Sub-Contractor Listing List all proposed Subcontractors to be used for this Project. Firm Name Address Contact Name & Number 1. 2. 3. 4. 5. Bid Number: Contractor: Address: City, State: Use additional page(s) if necessary



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FORM 8: 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,

CITY OF JACKSONVILLE BEACH Bid Number 1920-10

Asphaltic Concrete Milling, Paving and Overlaying of Roadway

NOW THEREFORE,

(a) 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) ______________________________



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Title

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. (Corporate Secretary 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 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:



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FORM 9: 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 1920-10 Asphaltic Concrete Milling, Paving and Overlaying of Roadway

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 713.01 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.



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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.



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



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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:



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FORM 10: PERFORMANCE BOND STATE OF FLORIDA ) ss COUNTY OF ) 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 1920-10

Asphaltic Concrete Milling, Paving and Overlaying of Roadway 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 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



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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: (Affix Seal) Signature of Authorized Officer WITNESSES: Title Business Address City State SURETY:

Corporate Surety



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WITNESS:

(Affix Seal) Attorney-in-Fact

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. 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:_________



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SECTION: D

MAPS



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Date post:	15-Aug-2020
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