RFB 2023-07 Sandy Lane Path Prefabricated Bridge

Bid No.: RFB 2023-07 Page 0 of 23 PROJECT NO.: RFB 2023-07 DUE DATE: May 10, 2023 AND TIME: 2:00 PM LOCATION: Estero Village Hall 9401 Corkscrew Palms Circle Estero, FL 33928 As stated above, the due date and time for responses is: May 10, 2023 at 2:00 p.m. The hard copy submittal requirements within the package are waived and there will be no public opening scheduled. Please submit your bid response electronically to me via email at the following address: franceschini@estero-fl.gov INVITATION TO BID TITLE: SANDY LANE PATH PREFABRICATED BRIDGE Advertised Date: April 25, 2023 REQUESTER: VILLAGE OF ESTERO, FLORIDA ADDRESS 9401 CORKSCREW PALMS CIRCLE #101 ESTERO, FL 33928 VILLAGE CONTACT: BOB FRANCESCHINI, C.P.M., CPPB PHONE NO.: 239-319-2821 EMAIL: franceschini@estero-fl.gov mailto:

href="mailto:franceschini@estero-fl.gov">franceschini@estero-fl.gov mailto:franceschini@estero-fl.gov Bid No.: RFB 2023-07 Page 1 of 23 GENERAL CONDITIONS Sealed Bids will be received by the VILLAGE OF ESTERO, until the time and date specified on the cover sheet of this “Invitation to Bid” and opened immediately thereafter by the Village Manager or designee. Any questions regarding this solicitation should be directed to the Village Contact listed on the cover page of this solicitation, or by calling the Village of Estero Administration at (239) 221-5035. 1. SUBMISSION OF BID: a. Bids must be sealed in an envelope, and the outside of the envelope should be marked with the following information: 1. Marked with the words “Sealed Bid”. 2. Name of the firm submitting the Bid. 3. Title of the Bid. 4. Bid Number. 5. Bid Due Date. 6. Contact e-mail and telephone number. b. The bid must be submitted as follows: 1. The original consisting of the Village’s Bid Forms completed and signed, and where applicable, corporate and/or notary seals attached. (Mark as “Original”.) 2. A copy of the original Bid Forms for the Village Manager. (Mark as “Copy”.) 3. Any information (either required or in addition to that asked for by the specifications) necessary to analyze your bid (i.e., required submittals, literature, technical data, financial statements). 4. Warranties and guarantees against defective materials and workmanship (if applicable). 5. Provide one (1) flash drive of the entire submission documents (do not lock any files) – as one single Adobe PDF file in the same order as the original hard copy. Please limit the color and number of images to avoid unmanageable file sizes. c. RESPONSES RECEIVED LATE: The delivery of Bid package to Village of Estero prior to or on the time and date as stated is solely and strictly the responsibility of the Bidder. Village of Estero shall not be responsible for delays caused by the E-mail System(s), United States Postal Service, Overnight Express Mail Services, or for delays caused by any other occurrence. The Village expressly reserves the sole and exclusive right to accept or reject a late Bid when the lateness is due to matters beyond the control of any third party delivery service. Late Bids may be returned to the Bidder with the notation: “This Bid was received after the specified deadline time”. All references to date and time herein reference Estero, FL local time. d. VILLAGE RESERVES THE RIGHT: The Village reserves the right to exercise its discretion, to waive minor informalities in any response; to reject any or all responses with or without cause; or to accept the response that in its judgment will be in the best interest of the Village. Further, the Village, in its sole discretion, reserves the right to separately quote any project that is outside the scope of this solicitation, whether through size, complexity, or dollar value. Bid No.: RFB 2023-07 Page 2 of 23 e. EXECUTION OF SOLICITATION: All responses must contain the signature of an authorized representative of the vendor in the space provided on the anti-collusion page. All responses shall be typed or printed in ink. Do not use erasable ink. All corrections made to the response shall be initialed. f. CALCULATION ERRORS: In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All bids will be reviewed mathematically and corrected, if necessary, using these standards, prior to further evaluation. g. ADDITIONS/REVISIONS/DELETIONS: Additions, revisions or deletions to the general conditions, specifications that change the intent of the solicitation may cause the solicitation to be non-responsive and the response may not be considered. The Village Manager shall be the sole judge as to whether or not any addition, revision, or deletion changes the intent of the solicitation. 2. ACCEPTANCE & SHIPPING The materials and/or services delivered under the solicitation shall remain the property of the Bidder until a physical inspection and actual usage of these materials or services is accepted by the Village and is deemed to be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. In the event the materials or services provided to the Village are found to be defective or do not conform to specifications, the Village reserves the right to obtain the services of another Bidder. Cost of all shipping to the site, including any inside delivery charges and all unusual storage requirements shall be borne by the Bidder unless otherwise agreed upon in writing prior to service. It shall be the Bidder’s responsibility to make appropriate arrangements, and to coordinate with authorized personnel at the site, for proper acceptance, handling, protection and storage (if available) of equipment and material delivered. All pricing to be F.O.B. Destination. 3. GENERAL INFORMATION Only submissions received from responsive and responsible firms will be considered. The Village reserves the right before recommending any award to inspect the facilities and organization; or to take any other necessary action, such as background checks, to determine ability to perform is satisfactory, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicates an inability for the firm to perform. Any entity that will have access to Village facilities or property may be required to be screened to a level that may include, but is not limited to; fingerprints, statewide criminal background checks. Costs for such screening will be the responsibility of the awarded respondent. Submissions may be declared “not responsible” due to past or pending lawsuits that are relevant to the subject procurement such that they call into question the ability of the firm to assure good faith performance. All respondents will also be evaluated on their past performance and prior dealings with the Village (i.e., failure to meet specifications, poor workmanship, late delivery, etc.) with poor or unacceptable past performance may result in disqualification. Bid No.: RFB 2023-07 Page 3 of 23 4. RULES, REGULATIONS, LAWS, ORDINANCES & LICENSES Bidders shall observe and obey all laws, ordinances, rules and regulations of the federal, state, and local government which may be applicable. Violations are grounds for unilateral termination of the awarded agreement. Any involvement with the Village of Estero shall be in accordance with but not limited to: a. Authorized to transact business and properly licensed in the State of Florida at the time of bid submittal. Copies of all necessary permits or licenses must be provided with bid submittal. b. Compliance with Federal Occupational Safety and Health Administration standards and regulations. c. Compliance with any applicable Environmental Protection Agency regulations. d. Chapter 112, Part III, Code of Ethics, Florida Statutes, regarding public officers and employees, as well as, conflict of interest and business relationship disclosure requirements. e. Chapter 119, Florida Statutes, Public Records. f. Chapter 215, Florida Statutes, regarding scrutinized companies and business operations. g. Chapter 255, Florida Statutes, regarding the construction of public facilities. h. Compliance, if applicable, with the Consultant’s Competitive Negotiation Act; Section 287.055, Florida Statutes. i. Chapter 287, Florida Statutes, regarding the procurement of personal property and services. 5. VILLAGE OF ESTERO PAYMENT PROCEDURES All Bidders are requested to email invoices to: accountspayable@estero-fl.gov Should you prefer to mail your invoice, please send it to the following address: Village of Estero 9401 Corkscrew Palms Circle #101 Estero, FL 33928 All invoices will be paid as directed by the Village payment procedure and in accordance with the Local Government Prompt Payment Act unless otherwise differently stated in the detailed specification portion of this project. Village will not be liable for requests for payment deriving from aid, assistance, or help by any individual, vendor, or bidder for the preparation of these specifications. Village of Estero is generally a tax-exempt entity. Village will only pay those taxes for which it is obligated, and will provide a Certificate of Exemption furnished by the Department of Revenue. All respondents should include in their response all sales or use taxes which they will pay when making purchases of material or subcontractor’s services. mailto:accountspayable@estero-fl.gov Bid No.: RFB 2023-07 Page 4 of 23 6. WAIVER OF CLAIMS Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than 30 calendar days to present or file any claims against the Village concerning this contract. After that period, the Village will consider the bidder to have waived any right to claims against the Village concerning this agreement. 7. AUTHORITY TO PIGGYBACK It is hereby made a precondition of any response and a part of these specifications that the submission of any document in response to this request constitutes a response made under the same conditions, for the same price, and for the same effective period as this response, to any other governmental entity. The Village of Estero will not be financially responsible for the purchases of other entities from this solicitation. 8. ANTI-DISCRIMINATION In accordance with the provisions of Title VI of the Civil Rights Act of 1964, it is expressly understood that minority business enterprises will be afforded full opportunity to submit responses and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Furthermore, the Village has the right to terminate any awarded contract upon receipt of evidence of discrimination and hereby notifies all potential respondents that it will affirmatively ensure that any and all respondents must comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. All respondents in accepting an award under this solicitation for itself, its successors in interest and assignees, including subcontractors and subcontractors, covenant and agree to comply with the anti-discrimination provisions of this solicitation. Village may require any awarded respondent to submit reports as may be necessary to indicate non- discrimination. Village officials will be permitted access to vendor’s books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non- discrimination laws. Awarded respondents must post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this anti- discrimination clause. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (viewable at the Department of Management Services website at http://www.dms.myflorida.com ) may not submit a bid 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 vendor, supplier, sub-contractor, or consultant under contract with any public entity, and may not transact business with any public entity. 9. TIEBREAKER Except as provided by paragraph 8 above whenever two or more bids, which are equal with respect to price, quality and service, are received for the procurement of commodities or contractual services, from responsive and responsible bidders, the award or the first opportunity to negotiate, as applicable, shall be determined by the flip of a coin to determine final outcome. http://www.dms.myflorida.com/ Bid No.: RFB 2023-07 Page 5 of 23 If an award or negotiation is unsuccessful with the initial bidder, award or negotiations may commence with the next lowest bidder, utilizing the tiebreaker steps above to make the determination of the next lowest bidder where the next lowest bidder would similarly be equal. 10. AUDITABLE RECORDS The selected Bidder will maintain all records directly pertaining to or connected with the services under this solicitation which must be readily available and accessible at respondent’s local offices for the purpose of inspection, audit, and copying during normal business hours by the Village, and to other persons in accordance with Florida’s public records laws. Bidder will fully cooperate with all public records requests by providing the necessary records to the Village promptly upon notice unless the records are exempt. Failure by a Bidder to promptly respond to notices requesting records constitutes grounds for unilateral cancellation by the Village at any time, without recourse. Records may be provided in the form or format in which they are kept including electronic files. Bidder’s right to claim an exemption from disclosure shall not be deemed failure to comply with this article. Additionally, Bidder will maintain auditable records concerning this solicitation adequate to account for all receipts and expenditures, and to document compliance with the procurement specifications. These records must be kept in accordance with generally accepted accounting methods, and Village reserves the right to determine the record-keeping method required in the event of non-conformity. All records must be maintained for five (5) years after the expiration of any contract hereunder or final payment has been requested and made, whichever occurs last. Bidder will require all subcontractors to comply with the provisions of this section. If the records are unavailable locally, it shall be the Bidder’s responsibility to ensure that all required records are provided at the Bidder’s expense all costs in accessing records maintained out of the county. The direct costs of copying records will be borne by the requesting party. It is understood and agreed that all records and data prepared or obtained by the Bidder in connection with its services hereunder, including all documents bearing the professional seal of the successful respondent, shall be delivered to and become the property of the Village prior to final payment. This includes any electronic versions such as CAD or other computer aided drafting programs. 11. TERMINATION Any agreement as a result of this solicitation may be terminated by either party giving thirty (30) calendar days advance written notice. The Village reserves the right to accept or not accept a termination notice submitted by the bidder, and no such termination notice submitted by the bidder shall become effective unless and until the vendor is notified in writing by the Village of its acceptance. The Village Manager may immediately terminate any agreement as a result of this solicitation for emergency purposes. Bid No.: RFB 2023-07 Page 6 of 23 12. CONFIDENTIALITY All submissions are subject to public disclosure and will not be afforded confidentiality, unless exempt as provided by Florida Statutes. If information is submitted with a response that is deemed “Confidential” the respondent must stamp those pages of the response that are considered confidential. The respondent must provide documentation as to validate why these documents should be declared confidential in accordance with Florida’s public record laws. The Village will not reveal engineering estimates or budget amounts for a project unless required by grant funding or until required by Section 337.168, Florida Statutes. 13. ANTI-LOBBYING CLAUSE All respondents are hereby placed on formal notice that the Village Council, candidates for Village Council, employees of the Village of Estero Government, or any members of any evaluation review committees established for this solicitation are not to be lobbied, either individually or collectively, concerning this solicitation. Respondents and their agents who intend to submit Letters of Interest, qualifications, or have submitted responses for this solicitation are further placed on formal notice that they are not to contact the aforementioned for such purposes as holding meetings of introduction, meals, or meetings relating to the selection process outside of those specifically scheduled. Any such lobbying activities may cause immediate disqualification for this project. This prohibition begins with the issuance of any solicitation and ends upon issuance of a Notice to Proceed or when the solicitation has been canceled. 14. INSURANCE A certificate of insurance as required by the solicitation documents must be in the response to this ITB. 15. INQUIRIES AND ADDENDUMS Each respondent must examine the solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be made in writing, submitted at least eight (8) calendar days prior to the date when the response is due. Responses and other clarifications will be in the form of an Addendum posted on www.estero- fl.gov . It is solely the firm’s responsibility to check the website for information. No notifications will be sent by the Village. All addenda shall become part of the solicitation and Contract Documents. The Village shall not be responsible for oral interpretations given by any Village employee, representative, or others. Interpretation of the meaning of the plans, specifications or any other contract document, or for correction of any apparent ambiguity, inconsistency or error there in, shall be in writing. Issuance of a written addendum by the Village is the only official method whereby interpretation, clarification or additional information can be given. http://www.estero-fl.gov/ http://www.estero-fl.gov/ Bid No.: RFB 2023-07 Page 7 of 23 16. SUBCONTRACTORS AND SUBCONSULTANTS No principal respondent to this solicitation may also be listed as a subcontractor or subconsultants to another firm submitting a proposal under this same solicitation. Should this occur, all responses from the involved firms will be considered non-compliant and rejected for award. Subcontractors or subconsultants may be listed on multiple proposals for the same solicitation, however, the use of subs under this solicitation is not allowed without prior written authorization from the Village. 17. WITHDRAWAL OF BID A respondent may withdraw any submission at any time prior to the opening of the solicitation. Requests to withdraw must be made in writing to the Village Manager who will approve or disapprove the request. After submissions are opened, but prior to award of any contract, the Village Manager may allow the withdrawal only if the Village Manager finds evidence that at least one of the following our circumstances were met: (1) the respondent acted in good faith in submitting their bid. (2) the mistake in the response preparation is of such a magnitude that to enforce compliance would cause a severe hardship on the respondent. (3) the mistake was not the result of gross negligence by the respond, and (4) the mistake was found and communicated to the Village prior to the Village having formally made a formal award. Not withstanding the forgoing, a response may be withdrawn for a period of 180 calendar days after the scheduled time for opening of the solicitation, if an award has not been made. 18. MATERIAL SAFETY DATA SHEETS (MSDS) – IF APPLICABLE In accordance with Chapter 443 of the Florida Statutes it is the vendor’s responsibility to provide the Village with Material Safety Data Sheets (MSDS) on bid materials, as may apply to this procurement. 19. PRE-BID CONFERENCE A pre-bid conference may be held in the location, date, and time specified on the cover of this solicitation. The cover will also note if the pre-bid conference is Non-Mandatory or Mandatory. All questions and answers are considered informal. All prospective bidders are encouraged to obtain and review the solicitation documents prior to the pre-bid conference so they may be prepared to discuss any questions or concerns they have concerning this project. All questions must be submitted formally in writing to the Village Contact noted on the first page of the bid document. A formal response will be provided in the form of an addendum. A site visit may follow the pre-bid conference, as applicable. There are two types of pre-bid conferences: Non-Mandatory. Pre-bid conferences are generally non-mandatory, but it is highly recommended that prospective bidders participate. Mandatory. Failure to attend a mandatory pre-bid conference will result in the bid being considered non-responsive. Bid No.: RFB 2023-07 Page 8 of 23 20. QUALITY GUARANTEE/WARRANTY Bidder will guarantee their work without disclaimers, unless specifically approved the by Village, for a minimum of twelve (12) months from the date of final completion. Unless otherwise specifically provided in the specifications, all equipment and materials and articles incorporated in the work covered by this contract shall be new, unused and of the most suitable grade for the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise specified in the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise specified in the specifications. All warranties will begin from the date of final completion or acceptance for equipment. Unless otherwise specifically provided in the specifications, any equipment must be similarly warrantied for twelve (12) months, shipping, parts, and labor. Should the equipment be taken out of service for more than forty-eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service at no additional charge to the Village. If any product does not meet performance representation or other quality assurance representations as published by manufacturers, producers, or distributors of such products or the specifications listed, the vendor shall pick up the product from the Village at no expense to the Village. The Village reserves the right to reject any or all materials, if in its judgment the item reflects unsatisfactory workmanship or manufacturing or shipping damage. The vendor shall refund to the Village any money which has been paid for same. 21. NEGOTIATED ITEMS Any item not outlined in the Invitation to Bid may be subject to negotiations between the Village and the successful Bidder. After award of this bid the Village reserves the right to add or delete items or services at prices to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of significant industry wide market changes, the Village may negotiate justified adjustments such as price or terms, if in its sole judgement, the Village considers such adjustments to be in its best interest. 22. AGREEMENT FORTHCOMING The awarded Bidder will be issued a Notice to Proceed as the final determination of award, in the event additional terms or agreements are not required the terms of this solicitation shall form the full and complete basis of the agreement between the Village and the successful Bidder. 23. MISCELLANEOUS a. No amount of work is guaranteed upon award or contract. b. Award or contract does not entitle any bidder to exclusive rights to Village contracts. c. Vehicle travel mileage is considered incidental to the work and not an extra expense. Similarly, man-hours spent in travel time to and from work or the job site(s), are not compensable. d. Village reserves the right to add or delete, at any time, any or all items or services associated with this solicitation, utilize other responsive bidders or in-house resources. Bid No.: RFB 2023-07 Page 9 of 23 e. Florida law shall govern this solicitation and the Contract Documents with venue for any action brought under this solicitation or the Project being in Lee County, Florida. End of Terms & Conditions Section Bid No.: RFB 2023-07 Page 10 of 23 VILLAGE OF ESTERO, FLORIDA PROPOSAL QUOTE FORM SANDY LANE PATH PREFABRICATED BRIDGE DATE SUBMITTED: VENDOR NAME: TO: The Village of Estero Estero, Florida Having carefully examined the “General Provisions”, and the “Special Provisions”, all of which are contained in the Contract Documents, the Undersigned proposes to furnish the following which meets these specifications: NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE VENDOR TO CHECK THE VILLAGE OF ESTERO WEB SITE FOR ANY PROJECT ADDENDA ISSUED FOR THIS PROJECT. THE VILLAGE WILL POST ADDENDA TO THIS WEB PAGE, BUT WILL NOT NOTIFY. The undersigned acknowledges receipt of Addenda numbers: ___________________________________________________ GRAND TOTAL COST – SANDY LANE PATH PREFABRICATED BRIDGE: $ NOTE: GRAND TOTAL COST SHALL INCLUDE DELIVERY OF THE STRUCTURE, F.O.B. ESTERO, FL WITH REMOVAL OF THE STRUCTURE FROM THE TRANSPORTER AND PLACEMENT AS DIRECTED BY VILLAGE STAFF. TO BE DELIVERED WITHIN 140 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED. IF YOUR FIRM IS NOT ABLE TO PROVIDE THE PREFABRICATED BRIDGE WITHIN 140 CALENDAR DAYS; PLEASE PROVIDE THE NUMBER OF CALENDAR DAYS YOUR FIRM WOULD REQUIRE FOR DELIVERY – DELIVERY IN: CALENDAR DAYS. IF NO FIRM IS ABLE TO DELIVER THE BRIDGE WITHIN 140 CALENDAR DAYS; LONGER DELIVERY PERIODS WILL BE CONSIDERED. IN THE EVENT THAT PERMITS ARE DELAYED OR THE VILLAGE’S CONTRACTOR IS NOT READY TO TAKE DELIVERY OF THE BRIDGE STRUCTURE IT MAY BE NECESSARY FOR THE BIDDER TO STORE THE BRIDGE UNTIL THE VILLAGE’S CONTRACTOR IS READY FOR DELIVERY. PLEASE PROVIDE A MONTHLY RATE TO STORE THE BRIDGE STRUCTURE. $___________________/month, to be billed daily. Bid No.: RFB 2023-07 Page 11 of 23 Bidders should carefully read all the terms and conditions of the specifications. Any representation of deviation or modification to the bid may be grounds to reject the bid. Are there any modifications to the bid or specifications: YES NO Failure to clearly identify any modifications in the space below or on a separate page may be grounds for the bidder being declared nonresponsive or to have the award of the bid rescinded by the Village. MODIFICATIONS: ANTI-COLLUSION STATEMENT THE BELOW SIGNED VENDOR HAS NOT DIVULGED TO, DISCUSSED OR COMPARED HIS RESPONSE WITH OTHER VENDORS AND HAS NOT COLLUDED WITH ANY OTHER VENDOR OR PARTIES TO A RESPONSE WHATSOEVER. NOTE: NO PREMIUMS, REBATES OR GRATUITIES TO ANY EMPLOYEE OR AGENT ARE PERMITTED EITHER WITH, PRIOR TO, OR AFTER ANY DELIVERY OF MATERIALS. FIRM NAME BY (Printed): BY (Signature): TITLE: ___________________________________________ FEDERAL ID # OR S.S.#____________________________ ADDRESS: PHONE NO.: CELLULAR PHONE NO.: E-MAIL ADDRESS: Bid No.: RFB 2023-07 Page 12 of 23 VILLAGE OF ESTERO, FLORIDA INVITATION TO BID SANDY LANE PATH PREFABRICATED BRIDGE GENERAL SCOPE OF PROJECT The Village of Estero is requesting sealed bids from qualified firms for the manufacture and delivery of a prefabricated bridge structure to Sandy Lane within the Village of Estero, Florida. Sandy Lane is an approximately 0.75 mile long road that runs between Corkscrew Road and Broadway Avenue East in Estero, Florida. Sandy Lane is located approximately 0.34 miles east of US 41. The proposed bridge will be located along the east side of an existing roadway bridge, approximately 0.23 miles north of Corkscrew Road over the Estero River. The bridge will provide bicycle and pedestrian access over the Estero River. The existing roadway bridge is not wide enough to safely provide bicycle or pedestrian access. BRIDGE Contractor to submit paint chips that represent finish type and color. The bridge shall be a prefabricated structure per the attached plans and specifications. The following documents accompany this bid: • Sandy Lane Bridge Plans. BASIS OF AWARD The bid will be awarded to the overall lowest, responsive, and responsible bidder (Grand Total) meeting all specification requirements. In the event the lowest responsible and responsive bid for a project exceeds the available funds the Village may negotiate an adjustment of the bid price with the lowest responsible and responsive bidder, to bring the total cost of the project within the amount of available funds. End of Scope of Work and Specifications Section Bid No.: RFB 2023-07 Page 13 of 23 VILLAGE OF ESTERO, FLORIDA VENDOR DISCLOSURE FORM Project No.: Project Name: Please check as appropriate: I am the sole proprietor/owner. The company is not publicly held. The company is not publicly held. The names and addresses of the owners having a greater than 5% interest is attached. The company is publicly held. The names and addresses of the owners having a greater than 5% interest is attached. I do hereby certify that to the best of my knowledge and belief certify that the information above and attached is true and correct. Signed: Vendor Printed Name Company Name Date: Bid No.: RFB 2023-07 Page 14 of 23 NAMES & ADDRESSES OF OWNERS NOTE: Please list individuals; the listing of corporations is NOT acceptable. Bid No.: RFB 2023-07 Page 15 of 23 AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: __________ PROJECT NAME: _____________________________ VILLAGE OF ESTERO WILL NOT INTENTIONALLY AWARD VILLAGE CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT (“INA”). VILLAGE OF ESTERO MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY VILLAGE OF ESTERO. BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name:____________________________________________ Signature Title Date STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) _____________________________________ Notary Public Signature _ Printed Name of Notary Public _ Notary Commission Number/Expiration The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Bid No.: RFB 2023-07 Page 16 of 23 VILLAGE OF ESTERO, FLORIDA MAJOR INSURANCE REQUIREMENTS Minimum Insurance Requirements: The Village of Estero in no way represents that the insurance required is sufficient or adequate to protect the vendors’ interest or liabilities. The following are the required minimums the vendor must maintain throughout the duration of this contract. The Village reserves the right to request additional documentation regarding insurance provided. a. Commercial General Liability - Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, contractual liability exposures with minimum limits of: $1,000,000 per occurrence $2,000,000 general aggregate $1,000,000 products and completed operations $1,000,000 personal and advertising injury b. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all owned, hired and non-owned vehicles use with minimum limits of: $1,000,000 combined single limit (CSL) $500,000 bodily injury per person $1,000,000 bodily injury per accident $500,000 property damage per accident c. Workers' Compensation - Statutory benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all owners, officers, and employees regardless of the number of employees. Workers Compensation exemptions may be accepted with written proof of the State of Florida’s approval of such exemption. Employers’ liability will have minimum limits of: $500,000 per accident $500,000 disease limit $500,000 disease – policy limit *The required minimum limit of liability shown in a. and b. may be provided in the form of “Excess Insurance” or “Commercial Umbrella Policies.” In which case, a “Following Form Endorsement” will be required on the “Excess Insurance Policy” or “Commercial Umbrella Policy.” Bid No.: RFB 2023-07 Page 17 of 23 Verification of Coverage: 1. Coverage shall be in place prior to the commencement of any work and throughout the duration of the contract. A certificate of insurance will be provided to the Village Manager for review and approval. The certificate shall provide for the following: a. The certificate holder shall read as follows: The Village of Estero, Florida 9401 Corkscrew Palms Circle Estero, Florida 33928 b. “The Village of Estero, Florida, its agents, employees, and public officials” will be named as an "Additional Insured" on the General Liability policy, including Products and Completed Operations coverage. Special Requirements: 1. An appropriate "Indemnification" clause shall be made a provision of the contract. 2. It is the responsibility of the general contractor to insure that all subcontractors comply with all insurance requirements. Bid No.: RFB 2023-07 Page 18 of 23 PUBLIC ENTITY CRIME FORM This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to_________________________________________ (Print name of the public entity) by__ ___________________________________________________________________ (Print individual’s name and title) For __ (Print name of entity submitting sworn statement) whose business address is ___________________________________________________ (If applicable) its Federal Employer Identification Number (FEIN) is ________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W-9. 2. I understand that a “public entity crime” as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm’s length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133(1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting those sworn statement. (Please indicate which statement applies.) Bid No.: RFB 2023-07 Page 19 of 23 ______ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ________ (Signature) ________ (Date) STATE OF_________________________________ COUNTY OF_______________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________________________ (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this_________ day of___________________, 2____. ____________________________________ (NOTARY PUBLIC) My Commission Expires: _____________________________ Bid No.: RFB 2023-07 Page 20 of 23 Scrutinized Companies Certification 1. This sworn statement is submitted with a bid, proposal, contract, or contract renewal , for . Project or contract number] [Project name] 2. This sworn statement is submitted by whose [Name of entity submitting sworn statement] business address is . 3. Federal Employer Identification Number (FEIN) is (or if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement). 4. My name is and my relationship to the above is: [Please print name of individual signing] . 5. Based on information and belief, the certification, which I have marked below, is true in relation to the entity submitting this sworn statement as required by §287.135, Florida Statutes. [ ] Scrutinized Companies that Boycott Israel List (bid, proposal or contract renewal for any amount) [ ] The entity submitting this sworn statement is not on the Scrutinized Companies that Boycott Israel List nor is it engaged in a boycott of Israel. [ ] The entity submitting this sworn statement is on the Scrutinized Companies that Boycott Israel List or is actively engaged in a boycott of Israel.. [ ] Scrutinized Companies with Activities in Sudan List (bid, proposal or contract renewal for $1 Million or more) [ ] The entity submitting this sworn statement is not on the Scrutinized Companies with Activities in Sudan List. [ ] The entity submitting this sworn statement is on the Scrutinized Companies with Activities in Sudan List. [ ] Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (bid, proposal or contract renewal for $1 Million or more) [ ] The entity submitting this sworn statement is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. [ ] The entity submitting this sworn statement is on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. [ ] Business Operations in Cuba or Syria (bid, proposal or contract renewal for $1 Million or more) [ ] The entity submitting this sworn statement does not have business operations in Cuba or Syria. [ ] The entity submitting this sworn statement does have business operations in Cuba or Syria. Pursuant to §287.135, Florida Statutes, if the Village determines the entity executing this Certification has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel after this certification is executed, any associated contract with the Village may be subsequently terminated by the Village. Similarly, if the Village determines the entity is found to have submitted a false certification, is Bid No.: RFB 2023-07 Page 21 of 23 later placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations with Cuba or Syria, the Village may terminate any associated contracts with the entity. Notwithstanding any other contract language to the contrary, the entity executing this Certification expressly assents to the termination provisions included herein as binding upon any contracts between it and the Village. By the signature(s) below, I, the undersigned, as authorized signatory to commit the certifying entity, attest that the information as provided in this form is truthful and correct at the time of submission. AFFIANT Typed Name of AFFIANT Title STATE OF COUNTY OF The foregoing instrument was executed before me this day of , 20 , by as of , who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, and who is personally known to me OR has produced as identification. NOTARY PUBLIC, State of (stamp) Bid No.: RFB 2023-07 Page 22 of 23 VILLAGE OF ESTERO - BIDDERS CHECK LIST IMPORTANT: Please read carefully and return with your response package. Please check off each of the following items as the necessary action is completed: 1. The Solicitation has been signed and with corporate seal (if applicable). 2. The Solicitation prices offered have been reviewed (if applicable). 3. The price extensions and totals have been checked (if applicable). 4. Substantial and final completion days inserted (if applicable). 5. The original (must be manually signed) and 1 hard copy original and others as specified of the Solicitation has been submitted. 6. Two (2) identical sets of descriptive literature, brochures and/or data (if required) have been submitted under separate cover. 7. All modifications have been acknowledged in the space provided. 8. All addendums issued, if any, have been acknowledged in the space provided. 9. Licenses (if applicable) have been inserted. 10. Erasures or other changes made to the Solicitation document have been initialed by the person signing the Solicitation. 12. The following Forms completed/signed/notarized as required: Vendor Disclosure Form, Affidavit Certification Immigration Laws, Insurance Certificate, Public Entity Crime Form, Trench Safety Form, Bid Bond and/or Certified Check, Scrutinized Companies Certification. 13. Any Delivery information required is included. 14. The mailing envelope has been addressed to: Village of Estero 9401 Corkscrew Palms Circle #101 Estero, FL 33928 15. The mailing envelope MUST be sealed and marked with: Solicitation Number Opening Date and/or Receiving Date 16. The Solicitation will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Solicitation cannot be considered or accepted.) 17. If submitting a “NO BID” please write Solicitation number here __________ and check one of the following: ______ Do not offer this product _______Insufficient time to respond. ______ Unable to meet specifications (why) ______ Unable to meet bond or insurance requirement. Other: _____________________________________________________ Company Name and Address: ________________________________ ________________________________