ITB-PW Concrete psi with Fiber Mesh. Required Submittals

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Required Submittals 1. All addenda (signed and dated) 2. Summary of Litigation (if not applicable, please state so) 3. License Sanctions (if not applicable, please state so) 4. References 5. The following nine (9) pages (filled out completely) Please note: Explanations of items 2 4 can be found in the front end documents (Section 3 - Instructions for the Preparation of Bids). Only the above mentioned items need to be submitted. Failure to provide all of the required submittals may result in the bid to be considered nonresponsive.

SUBMIT BID TO: CITY of Palm Coast 2 Commerce Boulevard Palm Coast, Florida 32164 PURCHASING AND CONTRACTS MANAGEMENT DIVISION INVITATION TO BID and Bidder Acknowledgment Contact: Brian Rothwell Purchasing Manager 386-986-3731 - Phone 386-986-3724 - Fax brothwell@ci.palm-coast.fl.us ITB-PW-09-03 Concrete (3000 PSI with Fiber Mesh) Bid Due Date: November 21, 2008 Bid Due Time: 2:00 P.M. Location of Public Opening: CITY of Palm Coast 2 Commerce Boulevard, Palm Coast, Florida 32164 Bidder Name: Mailing Address: Federal Employer ID Number or SS Number: If returning as a "No Submittal", state reason (if so, return only this page): CITY, State, Zip: Type of Entity: (Circle one) Corporation Proprietorship Partnership Joint Venture X Authorized Signature (Manual) Incorporated in the State of: Telephone Number: Typed Name: Toll Free Telephone Number: (800) Title: Fax Number: Date: The Applicant is expected to completely analyze the information contained in this Invitation To Bid as guidance for the preparation of the submittal. The Applicant s submittal shall be sufficiently specific, detailed, and complete to clearly and fully demonstrate the Applicant s understanding of the proposed work requirements. Page 1 of 33

PROJECT: Concrete and Related Products CITY CONTRACT NO. ITB-PW-08-08 Name of Bidder: Mailing Address: Street Address: CITY/State/Zip: ITB-PW-09-03 - Concrete - 3000psi with Fiber Mesh Section 4 Price Schedule Phone Number: FAX Number: ( ) ( ) PLEASE USE ATTACHED BID SHEET Pursuant to and in compliance with the Invitation To Bid, Instructions to Bidders, and the other documents relating thereto, the undersigned Bidder, having familiarized themselves with the terms of the Contract Documents, local conditions affecting the performance of the Work, and the cost of the Work at the places where the Work is to be done, hereby proposes and agrees to deliver materials/services in a workmanlike manner and in strict conformity with Contract Documents, including Addenda Nos. through, on file at the Purchasing and Contracts Management Division for the amount hereinafter set forth. The undersigned, as Bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any person, firm or corporation; and he proposes and agrees, if the bid is accepted, that he/she will execute an Agreement with the CITY in the form set forth in the Contract Documents; that he/she will furnish the Insurance Certificates. IN WITNESS WHEREOF, BIDDER has hereunto executed this FORM this day of, 20. (Name of BIDDER) (Signature of person signing FORM) (Printed name of person signing FORM) (Title of person signing FORM) Page 13 of 33

BID FORM ITB-PW-09-03 CONCRETE (3,000 PSI W/Fiber Mesh) 1. Price Per CY Page 14 of 33

STATE OF FLORIDA ) ) ss CITY OF ) Attachment A Conflict of Interest Statement Before me, the undersigned authority, personally appeared, who was duly sworn, deposes, and states: 1. I am the of with a local office in and principal office in. 2. The above named entity is submitting an Expression of Interest for the CITY of Palm Coast project described as ITB-PW-09-03 Concrete and Related Products 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting bids for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. I certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the CITY of Palm Coast. 9. I certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the CITY of Palm Coast. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the CITY of Palm Coast in writing. DATED this day of, 20. Name of Affiant Title Typed Sworn to and subscribed before me this day of, 20. Personally known OR Produced identification Notary Public - State of My commission expires (Type of identification) (Printed typed or stamped commissioned name of notary public) Page 15 of 33

Attachment B Compliance with the Public Records Law Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Bidders must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a bid authorizes release of your firm s credit data to the CITY of Palm Coast. If the company submits information exempt from public disclosure, the company must identify with specify which pages/paragraphs of their bid/bid package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the County in a separate envelope marked accordingly. By submitting a response to this solicitation, the company agrees to defend the CITY of Palm Coast in the event we are forced to litigate the public records status of the company s documents. The City shall make final determinations as to Public Records Law Compliance. Company Name: Authorized representative (printed): Authorized representative (signature): Date: Project Number: ITB-PW-09-03 Concrete and Related Products Page 16 of 33

Attachment C BIDDER'S CERTIFICATION I have carefully examined the Invitation To Bid, Instructions to Bidders, General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of these Bid Documents. I hereby propose to furnish the goods or services specified in the Invitation To Bid at the prices, rates or discounts quoted in my bid. I agree that my submittal will remain firm for a period of up to one hundred twenty (120) days in order to allow the CITY adequate time to evaluate the bids. I agree to abide by all conditions of this proposal and understand that a background investigation may be conducted by the Purchasing And Contracts Division prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the vendor/contractor as its act and deed and that the vendor/contractor is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer, employee or agent of the CITY of Palm Coast or of any other Bidder interested in said proposal; and that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Name of Business By: Signature Name & Title, Typed or Printed Mailing Address CITY, State, Zip Code Sworn to and subscribed before me This day of 20 Signature of Notary Notary Public, State of Personally Known -OR- Produced Identification ( ) Type: Telephone Number Page 17 of 33

Attachment D Drug-Free Work Place Form The undersigned vendor in accordance with Section 287.087, Florida Statutes hereby certifies that does: (Name of Business) 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 proposed 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 proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender 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. Page 18 of 33

Attachment E AMERICANS WITH DISABILITIES ACT AFFIDAVIT The undersigned CONTRACTOR swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding CITY. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or omissions in connection with the ADA. CONTRACTOR: Signature: Printed Name: Title: Date: Affix Corporate Seal STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 20, by of firm), on behalf of the firm. He/She is personally known to me or has produced identification. Print Name Notary Public in and for the County and State Aforementioned My commission expires: Page 19 of 33

Attachment F Request for Taxpayer Identification Number and Certification (W-9 Form) Page 20 of 33