HomeMy WebLinkAboutITB #23-03-01 JOINT PROCUREMENT CENTRAL ISLAND DRAINAGE
1
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
INVITATION TO BID NO. 23-03-01
JOINT PROCUREMEMT
CITY OF SUNNY ISLES BEACH CENTRAL ISLAND DRAINAGE
IMPROVEMENTS & CITY OF NORTH MIAMI BEACH DISTRIBUTION
SYSTEM WATERMAIN REPLACEMENTS
RELEASE DATE: MONDAY, MARCH 27, 2023
MANDATORY PRE-BID MEETING:
IN ORDER TO SUBMIT A BID, INTERESTED
BIDDERS MUST ATTEND THIS MEETING
APRIL 12, 2023 AT 11:00 AM AT GOVERNMENT
CENTER COMMISSION CHAMBERS 18070 COLLINS
AVE, SUNNY ISLES BEACH FL.
ALL QUESTIONS DUE:
All questions will be answered via addendum
posted to DemandStar.
NO LATER THAN APRIL 14, 2023 AT 5:00 PM IN
WRITING TO PURCHASING@SIBFL.NET.
DUE DATE FOR BIDS: NO LATER THAN MAY 18, 2023 AT 11:00 AM
SUBMIT SEALED BID TO:
Envelope must clearly provide your firm’s name,
phone # and contact information and must be
labeled with the ITB # and name.
CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER
OFFICE OF THE CITY CLERK
18070 COLLINS AVENUE, 4TH FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
ONLINE SUBMITTALS ARE NOT ACCEPTED
2
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
TABLE OF CONTENTS
PAGE NO.
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 10
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 26
BID FORMAT 27
BID SUBMITTAL FORM 30
AFFIDAVITS
NON-COLLUSIVE AFFIDAVIT
PUBLIC ENTITY CRIMES
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT
CONFLICT OF INTEREST STATEMENT
DISPUTE DISCLOSURE FORM
ANTI-KICKBACK AFFIDAVIT
ANTI-BOYCOTT CERTIFICATION
PAYMENT AND PERFORMANCE BOND
E-VERIFY AFFIDAVIT
BUY AMERICA CERTIFICATION
BYRD ANTI-LOBBYING CERTIFICATION
EXHIBIT A - FEDERAL PROVISIONS RELATED TO GRANT FUNDS
EXHIBIT B1 – CITY OF SUNNY ISLES BEACH FDEP GRANT AGREEMENT 22FRP50
EXHIBIT B2 – CITY OF SUNNY ISLES BEACH LPA0391 FDEP GRANT AGREEMENT
EXHIBIT B3 – CITY OF SUNNY ISLES BEACH – AMERICAN RESCUE PLAN ACT
EXHIBIT B4 – CITY OF NORTH MIAMI BEACH WIFIA AGREEMENT
EXHIBIT C – CRAIG TECHNICAL SPECIFICATIONS – CITY OF SUNNY ISLES BEACH
EXHIBIT D – EAC TECHNICAL SPECIFICATIONS – CITY OF NORTH MIAMI BEACH
EXHIBIT E – BID PRICE SHEETS FORM
EXHIBIT F – PREVAILING WAGE (DAVIS-BACON)– CONSTRUCTION TYPE – HIGHWAY
EXHIBIT G - AFFIRMATIVE ACTION REQUIREMENTS
EXHIBIT H – WORKFORCE COMMUNITY PLAN
EXHIBIT I – CITY OF SUNNY ISLES BEACH SAMPLE AGREEMENT
3
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach and the City of North Miami Beach are seeking sealed
Bids for the following work as specified
Sunny Isles Beach Central Island Area Drainage Improvement and
North Miami Beach Distribution System Watermain Replacements
Invitation to Bid No. 23-03-01
The specifications for this Invitation to Bid (ITB) are available from DemandStar by calling (800) 711-1712 or by
accessing their website at www.demandstar.com. Bidders who obtain the specifications from sources other than
DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete.
Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all Bidders
who are listed on the official list. The City may reject accept incomplete Bids.
Sealed Bids will be received by the City Clerk no later than 11:00 AM ON THURSDAY, MAY 18, 2023 at the
Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida,
33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and names of firms read aloud at this time.
The envelope containing the sealed Bid must be clearly marked:
ITB # 23-03-01
Sunny Isles Beach Central Island Area Drainage Improvement and
North Miami Beach Distribution System Watermain Replacements
OPENING DATE AND TIME: 11:00 AM ON THURSDAY, MAY 18, 2023
The Owners, individually or collectively, reserve the right to reject any or all Bids, with or without cause, to
waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents
the best value to, the respective Owner in conformity with the criteria set forth in Section 62-8 of the Code of
Ordinances of the City of Sunny Isles Beach and Chapter III of the City of North Miami Beach Code of Ordinance.
This bid is being solicited in accordance with the Procurement Requirements for Federal Grants, as
provided for in Title 2 Code of Federal Regulations (CFR) Part 200 as detailed in EXHIBIT A.
Cone of Silence: Potential and actual Bidders shall not solicit or otherwise communicate in any manner
whatsoever, directly or indirectly, with the City Commission, City Manager, evaluation committee members,
or City staff, other than Purchasing Division personnel, for either City, regarding this ITB from the time of the
ITB initial release through the award.
The City of Sunny Isles Beach will host a mandatory pre-bid conference on WEDNESDAY, APRIL 12, 2023 AT
11:00 AM at the Government Center 18070 Collins Avenue, Commission Chambers.
All questions regarding this ITB shall be directed in writing to Purchasing by FRIDAY, APRIL 14, 2023 AT 5:00
PM. Questions must be submitted via email to: Purchasing@sibfl.net.
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive
solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or
until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach
4
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH AND CITY OF NORTH MIAMI BEACH
MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE
BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS
BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE
CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the Bid Specifications or any required need for
clarification must be addressed to Purchasing at Purchasing@sibfl.net by
the date mentioned above. Interpretations or clarifications considered
necessary by the City will be issued by addenda and posted/disseminated
by DemandStar (www.demandstar.com) to all parties listed on the official
plan holders’ list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations or
clarifications shall be without legal effect. No plea of ignorance or delay or
required need of additional information shall exempt a Bidder from
submitting their Bid on the required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each Request for Proposal,
Request for Bid, and request for qualifications. The information is available
on-line at www.demandstar.com or by calling the Office of the City Clerk
at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released, the
City will post and disseminate the addenda through DemandStar. For
those projects with separate plans, blue prints, or other materials that
cannot be accessed through the internet, the Office of the City Clerk will
make good faith effort to ensure that all registered Bidders (those who
have been registered as receiving a Bid package) receive the documents.
It is the responsibility of the vendor prior to the submission of any Bid to
check the above website or contact the Office of the City Clerk at (305)
792-1703 to verify any addenda issued. The receipt of all addenda must
be acknowledged on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid Conference or
Bid/RFP/RFQ opening because of a disability should call the Office of the
City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid
Conference or Bid/RFP/RFQ opening. If you are hearing or speech
impaired, please contact the Office of the City Clerk by calling the City of
Sunny Isles Beach using the Florida Relay Service which can be reached at
1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida
statutes -"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 Bids on leases of
real property to a public entity, may not be awarded to 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 287.107, for category
two for a period of 36 months from the date of being placed on the
convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within this
document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque envelope
(with all items listed on the Bid checklist form and all other items required
within this Request for Bid must be executed) and submitted in a sealed
envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be typewritten or
printed with ink. All corrections made by the Bidders prior to the opening
must be initialed and dated by the Bidders. No changes or corrections will
be allowed after Bids are opened. Bids must contain an original, manual
signature of an authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Bidders may withdraw Bids only by written request and shall forward the
withdrawal request via “Certified U.S. Mail – Return Receipt Requested”
prior to the Bid opening time. Negligence on the part of the Bidders in
preparing the Bid confers no right for the withdrawal of the Bid after it has
been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice to
Bidder. It is the responsibility of the Bidders to insure that the Bid reaches
the Office of the City Clerk on or before the closing hour and date stated
on the Request for Bid. After the Bid opening, the contents of the Bid Form
will be made public for the information of vendors and other interested
parties who may be present either in person or by representative. Bids
that are received after the Bid opening time will not be considered and will
not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all Bidders
facilities to determine their capability of meeting the requirements for the
Contract. Also, price, responsibility, and responsiveness of the Bidders, the
financial position, experience, staffing, equipment, materials, references,
and past history of service to the City and/or with other units of state,
and/or local governments in Florida, or comparable private entities, will be
taken into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Bidders shall hold the City, it's officials
and employees harmless and covenant not to sue the City,
it's officials and employees in reference to their decisions to
reject, award, or not award a Bid, as applicable.
1.11.2 Cancellation: Failure on the part of the Bidders to comply
with the conditions, specifications, requirements, and
terms as determined by the City, shall be just cause for
cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact arises
under the Contract, other than termination for default or
convenience, the Contractor and the City department
responsible for the administration of the Contract shall
make a good faith effort to resolve the dispute. If the
dispute cannot be resolved by agreement, then the
department with the advice of the City Attorney shall
resolve the dispute and send a written copy of its decision
to the Contractor, which shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this Bid.
The vendor will have ten (10) calendar days after notification of the award
by the City to execute the Agreement and provide the required
Performance Bond.
The Bidders who has the Contract awarded to them and who fails to
execute the Agreement and furnish the Performance Bond and Insurance
Certificates within the specified time shall forfeit the Bid Security that
accompanied their Bid, and the Bid Security shall be retained as liquidated
5
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
damages by the City, and it is agreed that this sum is a fair estimate of the
amount of damages the City will sustain in case the Bidders fails to enter
into the Contract and furnish the Bonds as herein before provided. Bid
Security deposited in the form of a cashier’s check drawn on a local bank
in good standing shall be subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its obligations
under the agreement shall be subject to and contingent upon the
availability of funds lawfully expendable for the purposes of the agreement
for the current and any future periods provided for within the Bid
specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been received,
accepted, and properly invoiced as indicated in the contract and/or
purchase order. Invoices must bear the purchase order number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name, or
vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or quality of
material only. Vendor may offer equals with appropriate identification,
samples, and/or specifications on such item(s). The City shall be the sole
judge concerning the merits of items Bid as equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the property
of the seller until accepted to the satisfaction of the City. In the event
materials supplied to City are found to be defective or do not conform to
specifications, the City reserves the right to return the product(s) to the
seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the Bidders free of
charge to the City. Each individual sample must be labeled with the
Bidders name and manufacturer's brand name and delivered by them
within ten (10) calendar days of Bidders receipt of the “Notice to Proceed”,
unless schedule indicates a different time. If samples are requested
subsequent to the Bid opening, they should be delivered within ten (10)
calendar days of the request. The City will not be responsible for returning
samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting Contract or
Award. These quantities are for Bid purposes only and will be used for
tabulation and presentation of the Bid. The City reserves the right to
increase or decrease quantities as required, even significantly. The prices
offered herein and the percentage rate of discount applies to other
representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery, it shall
be the responsibility of the successful Bidders to notify the City at once,
indicating in their letter the specific regulation which required an
alteration. The City of Sunny Isles Beach reserves the right to accept any
such alteration, including any price adjustments occasioned thereby, or to
cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Bidders warrants that the product(s) supplied to the City conforms in
all respects to the standards set forth in the occupational safety and health
act (OSHA) and its amendments. Bids must be accompanied by a materials
data safety sheet (MSDS) when applicable.
1.20 WARRANTIES:
Successful Bidders shall act as agent for the City in the follow-up and
compliance of all items under Warranty/Guaranty and complete all forms
for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Bidders warrants that there has been no violation of copyrights or patent
rights in manufacturing, producing or selling of goods shipped or ordered,
as a result of this Bid. The seller agrees to indemnify City from any and all
liability, loss, or expense occasioned by any such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION):
The Contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local business
tax receipts. Each vendor submitting a Bid on this Request for Bid shall
include a copy of the company’s local business tax/occupational license(s)
with the Bid response. For information specific to City of Sunny Isles Beach
local business tax/occupational licenses, please call Code Enforcement &
Licensing at (305) 792-1705. If the Contractor is operating under a
fictitious name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be submitted
with the Bid. A business formed by an attorney actively licensed to practice
law in this state, by a person actively licensed by the Department of
Business and Professional Regulations or the Department of Health for the
purpose of practicing his or her licensed profession, or by any corporation,
partnership, or other commercial entity that is actively organized or
registered with the Department of State shall submit a copy of the current
licensing from the appropriate agency and/or proof of current active status
with the Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Bidders shall assume the full duty, obligation, and expense of obtaining all
necessary licenses, permits, inspections, and insurance required. The
Bidders shall be liable for any damages or loss to the City occasioned by
negligence of the Bidders (or their agent) or any person the Bidders has
designated in the completion of their contract as a result of the Bid.
Contractor shall be required to furnish a copy of all licenses, certificates of
competency or other licensor requirements necessary to practice their
profession as required by Florida State Statute, Miami-Dade County, and
City of Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall be
furnished to the City along with the Bid response. Failure to furnish these
documents or to have required licensor will be grounds for rejecting the
Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Bidders shall furnish to the Office of the City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance coverage has been
obtained from an insurance company authorized to do business in the
State of Florida or otherwise secured in a manner satisfactory to the City,
for those coverage types and amounts listed in this document, in an
amount equal to 100% of the requirements and shall be presented to the
City prior to issuance of any Contract(s) or Award(s) Document(s). The City
of Sunny Isles Beach shall be named as "additional insured" with respect
to this coverage. The required certificates of insurance shall not only name
the types of policies provided, but shall also refer specifically to this Bid
and section. At the time of Bid submission the Bidders must submit
certificates of insurance as outlined in the General Conditions section. All
required insurances shall name the City of Sunny Isles Beach as additional
insured and such insurance shall be issued by companies authorized to
issue insurance in the State of Florida. It shall be the responsibility of the
Bidders and insurer to notify the City Manager of the City of Sunny Isles
Beach of cancellation, lapse, or material modification of any insurance
policies insuring the Bidders, which relate to the activities of such vendor
and the City of Sunny Isles Beach. Such notification shall be in writing and
shall be submitted to the City finance support service director thirty (30)
days prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and satisfactorily
comply with the city's insurance and bonding requirements set forth
herein will authorize the City Manager to implement a rescission of the Bid
award without further City Commission action. The Bidders hereby holds
the City harmless and agrees to indemnify City and covenants not to sue
the City by virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required by
this Bid without prior written consent of the City Manager. Any award
issued pursuant to the Invitation for Bid and monies which may be due
6
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
hereunder are not assignable except with prior written approval of the City
Manager. Further, in the event that the majority ownership or control of
the Contractor changes hands subsequent to the award of this contract,
Contractor shall promptly notify City in writing (via United States Postal
Service – Certified Mail, Return Receipt Requested) of such change in
ownership or control at least thirty (30) days prior to such change and City
shall have the right to terminate the contract upon sixty (60) days written
notice, at City’s sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City of
Sunny Isles Beach, it's officers, agents and employees from and against any
claims, demands or causes of action of whatsoever kind or nature arising
out of error, omission, negligent act, conduct, or misconduct of the
Contractor, their agents, servants or employees in the provision of goods
or the performance of services pursuant to this Bid and / or from any
procurement decision of the City including without limitation, awarding
the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification
requirements. Upon written notification of rejection, items shall be
removed within (5) calendar days by the vendor at their own expense and
redelivered at their expense. Rejected goods left longer than thirty (30)
calendar days will be regarded as abandoned and the City shall have the
right to dispose of them as its own property. Rejection for non-
conformance or failure to meet delivery schedules may result in the
Contractor being found in default.
1.28 DEFAULT PROVISION:
In case of default by the Bidders, the City of Sunny Isles Beach may procure
the articles or services from other sources and hold the Bidders
responsible for any excess costs occasioned or incurred thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot provide
an item(s) or service(s) in a timely manner as requested, to seek other
sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated which
shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as being
fully complete in accordance with the
Contract Documents subject to waiver of
claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to be
performed, which includes the Contract
Documents.
Addenda: Written or graphic instruments issued prior
to the Bid Opening which modify or interpret
the Contract Documents, Drawings and
Specifications, by addition, deletions,
clarifications or corrections.
Approved: Means approved by the City.
Bid: The offer of the Bidders submitted on the
prescribed form setting forth the prices for
the Work to be performed.
Bidder: Any person, firm or corporation submitting a
Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed by
the City authorizing an addition, deletion or
revision in the Work, or an adjustment in the
Contract Price or the Contract Time issued
after execution of the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160.
And
City of North Miami Beach, 17011 NE 19th
Avenue, North Miami Beach, Florida 33162.
Contract Documents: Contract Documents shall include,
Instructions to Bidders, Contractor's Bid, the
Bonds, the Notice of Award, the Agreement
between the City and Contractor as well as
any addenda thereto, these General
Conditions, Special Conditions, the Technical
Specifications, Drawings and Modifications,
Notice to Proceed, Request for Proposal,
Insurance Certificates, Change Orders and
Acknowledgment of Conformance with the
City of Sunny Isles Beach.
Contract Price: The total monies payable to the Contractor
under the Contract Documents.
Contract Time: The number of calendar days stated in the
Agreement for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the
contract documents on behalf of the City’s
governing body.
Contractor: The person, firm or corporation with whom
the City has executed this Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in the
Work.
Modification: Modification means any one of the
following: (a) a written amendment of the
Contract Documents signed by both parties,
(b) a Change Order, (c) a written clarification
or interpretation if issued by the City, or (d)
a written order for minor change or
alteration in the Work issued by the City. A
modification may only be issued after
execution of the Agreement.
Non-Compliant Work: Work performed by the Contractor that has
been determined through City inspection to
not meet the Performance Standards.
Notice of Award: The written notice by City to the apparent
successful Bidders stating that upon
compliance with the conditions precedent to
be fulfilled by him within the time specified,
City will execute and deliver the Agreement
to him.
Notice to Proceed: The written letter or directive issued by the
City Manager or designee acknowledging
that all conditions precedent to award have
been met and directing that the Contractor
may begin Work.
7
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Performance Standards: The desired results established for each type
of Work described in the ITB, necessary to be
deemed Satisfactory.
Project: A task or series of tasks that the Contractor
must complete in accordance with the
Contract Documents.
Project Manager: The individual(s) assigned by the City
Manager or designee to manage the project.
Quality Assurance: Those actions taken by
the City to assure Services meet the
Satisfactory Performance Standards
established by the Contract Documents.
Quality Control: Those actions taken by the Contractor to
ensure the Contractor’s performance meets
the Performance Standards.
Re-Work: Corrective Work performed by the
Contractor, at no cost to the City, to meet
the Performance Standards.
Responsive Bidder: The Bidder whose Bid conforms in all
material respects to the terms and
conditions included in the ITB.
Responsible Bidder: The Bidder who has the capability in all
respects to perform in full the contract
requirements, as stated in the ITB, and the
integrity and reliability that will assure good
faith performance.
Samples: Physical examples which illustrate materials,
equipment or workmanship and establish
standards by which the Work will be judged.
Satisfactory: Work performed by the Contractor that has
been determined through City inspection to
meet the Performance Standards.
Site(s): The location(s) where Work is to be
performed under this Contract.
Specifications: Those portions of the Contract Documents
consisting of written technical descriptions
of materials, equipment, construction
systems, standards and workmanship as
applied to the Work.
Statement of Services: The form furnished by the City which is to be
used by the Contractor in requesting
progress payments.
Subcontractor: A person, firm, or corporation having a direct
Contract with Contractor, including one who
furnishes material, equipment or services
necessary to perform the Work.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special design,
but who does not perform labor at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the successful
completion of the Project assigned to or
undertaken by Contractor under the
Contract Documents, including all labor,
materials, equipment and other incidentals,
and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall mean
and include all written notices, demands,
instructions, claims, approvals and
disapproval’s required to obtain compliance
with Contract requirements. Written notice
shall be deemed to have been duly served if
delivered in person to the individual or to a
member of the firm or to an officer of the
corporation for whom it is intended, or to an
authorized representative or such individual,
firm, or corporation, or if delivered at or sent
by registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in writing,
any notice to or demand upon the City under
this Contract shall be delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole discretion.
Bids shall be awarded by the City after the City performs all necessary
searches, inquiries, exploration, and analysis of the Bids. The Bid shall be
awarded to the lowest responsible and responsive Bidder whose Bid best
serves the interests of and represents the best value to the City in
conformity with the criteria set forth in Section 62-8 of the City Code. No
Notice of Award will be given until the City has concluded any
investigation(s) as they deem necessary to establish the Bidder’s capability
to perform the Services as described in this RFP, ITB, RFQ or ITQ, as
substantiated by the required professional experience, client references,
technical knowledge and qualifications; and sufficient labor and
equipment to comply with the City’s established standards, as well as the
financial capability of the Bidder to perform the Work in accordance with
the Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any Bidders on
the basis of these queries and investigations and who does not meet the
City’s satisfaction, even though the firm may be the lowest dollars and
cents Bid. In analyzing Bids, the City will also take into consideration client
references, past work experience and work product, proven ability to
satisfactorily perform. If the Contract is awarded, the City will issue the
Notice of Award and give the successful Bidders a Contract for execution
within ninety (90) days after opening of Bids. The City specifically reserves
the right to award the contract to a Bidder who is not necessarily the
lowest dollars and cents Bidders on the basis of the results of these queries
and investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond, the
Certificates of Insurance and such other Documents as required by the
Contract Documents shall be executed and delivered by Contractor to the
City within ten (10) calendar days of receipt of the Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws, ordinances,
rules and regulations applicable to the Work. If the Contractor observes
that the Specifications are at variance therewith, they will give the City
prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the Contractor performs any
Work knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the City, they will bear all costs
arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach and City of North Miami Beach are exempt
from sales tax imposed by the State and/or Federal Government. Florida
Sales Tax Exemption No. from SIB, 23-00-477131-54C and from NMB, 85-
2012740150C-3 appear on each purchase order. Exemption certificates
are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00) and
other valuable consideration, the Contractor shall defend, indemnify and
hold harmless the City, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or
persons during or on account of any operations connected with the Work
described in the Contract Documents, or by or in consequence of any
negligence in connection with the same; or by use of any improper
materials or by or on account of any act or omission of the said Contractor
or his Sub-Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting from the performance
8
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
of the Work, provided that any such claim damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than Work itself) including the loss
of use resulting wherefrom and (b) is caused in whole or in part by any
negligent act or omission of the Contractor, Sub-Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused by a
party indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work,
then in lieu of the above provisions of this section the parties agree that
Contractor shall indemnify, defend and hold harmless the City, their
officers and employees, to the fullest extent authorized by Sec. 725.06 (2)
F.S., which statutory provisions shall be deemed to be incorporated herein
by reference as if fully set forth herein. In the event that any action or
proceeding is brought against City by reason of any such claim or demand,
Contractor, upon written notice from City shall defend such action or
proceeding by counsel satisfactory to City. The indemnification provided
above shall obligate Contractor to defend at its own expense or to provide
for such defense, at City’s option, any and all claims of liability and all suits
and actions of every name and description that may be brought against
City, excluding only those which allege that the injuries arose out of the
sole negligence of City, which may result from the operations and activities
under this Contract whether the Work be performed by Contractor, its
Sub-Contractors, or by anyone directly or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make a
general assignment for the benefit of their creditors, or if a trustee or
receiver is appointed for the Contractor or for any of their property, or if
they file a petition to take advantage of any debtor’s act, or to reorganize
under bankruptcy or similar laws, or if they repeatedly fails to supply
sufficient skilled workmen or suitable materials or equipment, or if they
repeatedly fail to make prompt payments to Sub-Contractors or for labor,
materials or equipment or they disregard laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or if they
disregard the authority of the City, of if they otherwise violate any
provision of, the Contract Documents, then the City may, without
prejudice to any other right or remedy and after giving the Contractor and
the surety ten (10) days written notice, terminate the services of the
Contractor and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned
by the Contractor, and finish the Work by whatever method they may
deem expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional professional
services, such excess shall be paid to the Contractor. If such costs exceed
such unpaid balance, the Contractor will pay the difference to the City.
Such costs incurred by the City will be determined by the City and
incorporated in a Change Order. If after termination of the Contractor
under this Section, it is determined by a court of competent jurisdiction for
any reason that the Contractor was not in default, the rights and
obligations of the City and the Contractor shall be the same as if the
termination had been issued pursuant to this document.
1.37.1 Where the Contractor’s services have been so terminated
by the City said termination shall not affect any rights of the
City against the Contractor then existing or which may
thereafter accrue. Any retention or payment of moneys by
the City due the Contractor will not release the Contractor
from liability.
1.37.2 Upon immediate written notice to the Contractor, the City
may, without cause and without prejudice to any other
right or remedy, elect to terminate the Agreement. In such
case, the Contractor shall be paid for all Work executed and
accepted by the City as of the date of the termination. No
payment shall be made for profit for Work which has not
been performed.
1.38 MISCELLANEOUS:
Bidders acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to them who gives the notice.
1.38.2 The Contract Documents shall remain the property of the
City. The Contractor shall have the right to keep one record
set of the Contract Documents upon completion of the
Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in addition
to, and shall not be construed in any way as a limitation of,
any rights and remedies available by law, by special
guarantee or by other provisions of the Contract
Documents.
1.38.4 Should the City or the Contractor suffer injury or damage to
its person or property because of any error, omission, or act
of the other or of any of their employees or agents or others
for whose acts they are legally liable, claim shall be made in
writing to the other party within a reasonable time of the
first observance of such injury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim
based upon the Contract Documents or the performance of the Work
there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by the
law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in Miami-
Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be
settled by arbitration in accordance with the procedures, rules and
regulations of the American Arbitration Association. The decision
rendered by the Arbitrator shall be final and binding upon the parties and
judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction. Arbitration shall be held in Miami-Dade
County, Florida. All costs of arbitration and attorneys’ fees incurred by the
parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys’ fees as may be determined by
the court on confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business hours at
City’s expense, the books and records and accounts of Contractor which
relate in any way to the Project, and to any claim for additional
compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project.
Contractor shall retain and make available to City all such books and
records and accounts, financial or otherwise, which relate to the Project
and to any claim for a period of three years following final completion of
the Project. During the Project and the three-year period following final
completion of the Project, Contractor shall provide City access to its books
and records upon five days written notice.
9
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the
remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue
in full force and effect, and be enforced to the fullest extent permitted by
law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract. Services
provided by the Contractor shall be by employees of the Contractor and
subject to supervision by the Contractor, and not as officers, employees,
or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under
the Contract shall be those of the Contractor.
End of Section
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 10
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 2
Special Terms and Conditions
2.1 INVITATION TO BID
2.1.1 PURPOSE
The City of Sunny Isles Beach (“SIB”) and the City of North Miami Beach (“NMB”) (individually
“City”, and collectively, “Cities”) are issuing a joint Invitation to Bid for two (2) projects in the area of 174th
Street to 183rd Street and Atlantic Avenue to North Bay Road: (1) SIB’s Central Island Area Pump Stations
and Drainage Improvements, and (2) NMB’s Watermain Replacements, as specified in Exhibit C and Exhibit
D, (individually, “Project”, and collectively “Projects”). The City of Sunny Isles Beach is the lead agency on
this procurement.
If feasible, SIB and NMB wish to award the bid to a single Contractor to construct the Projects in conjunction
with each City, concurrently, to minimize the impacts to the residents of SIB and to realize potential cost
savings by combining the Projects. Therefore, all Bidders shall be required to bid on all Projects, individually
and collectively (i.e., Bidders shall bid on the SIB Project, the NMB Project, and the combined Projects).
Bidders do not have an option to bid on only the combined, or one Project.
SIB and NMB will each evaluate the bids with the intent of awarding a contract to the Bidder who provides
the lowest combined bid for both of the Projects. Notwithstanding the foregoing, each City reserves the
right to forgo awarding on a combined basis and may award the bid to the lowest responsible and
responsive Bidder whose bid best serves the interests of and represents the best value to the respective
City.
In the event that the Cities’ bid evaluation results in an award to the same Contractor, each City will enter
into a separate contract for its portion of the Projects to the awarded Contractor.
The successful Bidder (“Contractor”) will be expected to work with the Cities for major decisions on the
Project or Projects, and a Project Manager from each City will be designated who will serve as the primary
contact for change orders and processing of invoices for each City. Joint construction progress meetings
shall be held with the Contractor to best coordinate the interest of the Projects.
The Contractor shall ensure smooth and efficient Project planning, staffing, communication updates, and
scheduling, through Project completion, as required by the scope of services herein contained. Bidders shall
include in their offer all required project labor, machinery, rentals, tools, travel, transportation, delivery,
materials, equipment, supplies, permits, and related incidentals necessary to meet, in its entirety, the ITB
requirements specified herein.
The budget for this project for the City of Sunny Isles beach is $6,000,000.
The estimated budget for this project for the City of North Miami Beach $5,000,000.
2.1.2 FEDERAL AND STATE GRANT REQUIREMENTS
This bid is being solicited in accordance with the procurement requirements for federal grants, as provided
for in Title 2 Code of Federal Regulations (CFR) Part 200. The Bidder acknowledges that all or part of the
Projects described in this solicitation will be funded by Federal grant funds, and compliance with the terms
in Exhibit A is essential to any resulting agreement.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 11
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.2
Therefore, the Bidder agrees that it shall fully comply with the terms and conditions set forth in Exhibit A
(Federal Provisions Related to Grant Funds) for work on the Project or Projects. The provisions in Exhibit A
are supplemental and in addition to all other provisions within this bid. In the event of any conflict between
the terms and conditions of Exhibit A and the terms and conditions of the remainder of the bid, the
conflicting terms and conditions of Exhibit A shall prevail.
In addition, for the SIB Project, all or a portion of the said Project will be funded by the State of Florida
Department of Environmental Projection (“FDEP”) Grant Agreement with SIB (Agreement No. 22FRP50 and
Agreement No, LPA0391), attached hereto as Exhibit B1 and B2, and incorporated herein by reference, in
addition to in addition to the American Rescue Plan Act, attached hereto as Exhibit B3 inclusive of all future
amendments and/or agreements entered into between SIB and FDEP governing the SIB Project. The Grant
Agreement includes compliance with all applicable laws, rules, regulations and requirements, including
those within Exhibit A and without limitation 40 U.S.C. § 3141-3144, 3146, and 3147 (relating to Davis-
Bacon Act requirements) and 33 U.S.C. § 3914 (relating to American iron and steel products). The Bidder
agrees to fully comply with the terms and conditions set forth in said Grant Agreement attached hereto as
Exhibit B, and to include pertinent provisions of said Grant Agreement into any subcontracts that it may
enter into relative to the SIB Project.
For the NMB Project, all of said Project is being partially funded through WIFIA and is subject to all the
requirements pertaining to thereof. Specifically, Article III of the agreement, attached hereto as Exhibit B2
and incorporated herein by references, requires compliance with all applicable laws, rules, regulations, and
requirements, including without limitation 40 U.S.C. § 3141-3144, 3146, and 3147 (relating to Davis-Bacon
Act requirements) and 33 U.S.C. § 3914 (relating to American iron and steel products).
If Bidder cannot adhere to or objects to any of the applicable requirements in all exhibits, Bidder’s response
may be deemed as non-responsive by either City or both Cities.
MANDATORY PRE-BID MEETING
A mandatory pre-bid conference will be held on THURSDAY, APRIL 12, 2023 at 11:00 AM at Sunny Isles
Beach Government Center located at 18070 Collins Avenue Sunny Isles Beach, FL 33160;
Commission Chambers to discuss the special conditions and specifications included within this
solicitation. Bidders are requested to bring this solicitation document to the conference, as additional
copies may not be available. In order to submit a Bid, firms must attend this meeting.
No questions that will change the Scope of this ITB will be answered during the pre-bid meeting. Firms
have until the deadline indicated on page 1 to submit questions.
2.2.1 SITE EXAMINATION
Each Bidder shall visit the site of the proposed work before submitting a Bid and shall fully familiarize
themselves with conditions relating to construction and labor so that he or she may fully understand the
facilities, difficulties and restrictions attending the execution of work under the Contract. It will be assumed
that the Bidder has investigated and is satisfied as to the conditions of work to be performed and materials
to be furnished and shall base Bid on their own opinion of the conditions likely to be encountered, and for
the bid price must assume all risk of variance, by whomsoever made in any computation or statement of
amounts or quantities necessary to fully complete the work in strict compliance with the Contract
Documents.
Each Bidder shall thoroughly examine and be familiar with the plans and specifications. The failure or
omission of any Bidder to receive or examine any form, instrument, addendum or other documents, or to
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 12
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
visit the site and acquaint themselves with conditions there existing, shall in no way relieve any Bidder from
any obligation with respect to their Bid or to the Contract. The submission of a Bid shall be taken as prima
facie evidence of compliance with this document.
No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that
may be encountered in the execution of the work under this Contract, as a result of failure to make the
necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the
part of the Contract to fulfill, in every detail, all of the requirements of Contract Documents, nor will they
be accepted as a basis on any claim whatsoever for extra compensation or for any extension of time.
Special Accommodations
Any person with a qualified disability requiring special accommodations at a pre-bid meeting, public
meeting, oral presentation and/or opening shall contact the Office of the City Clerk at (954) 457-1340, at
least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this
office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).
2.3 MINIMUM QUALIFICATION REQUIREMENTS (MQRS):
In order to be considered responsive, Bidders shall, at a minimum, demonstrate compliance with the
requirements listed in this ITB. To be evaluated, all requested documentation and/or information shall be
provided in the bid to confirm that the Bidder has satisfied the criteria outlined in this document. Bidders
failing to meet these requirements may be deemed non-responsive.
The Bidder shall, at the time of Bid submittal, time of award, and throughout the duration of the Contract,
continue to meet the criteria requirements as stated in this document.
a) The Bidder must be licensed as a General Contractor by State of Florida Department of Business
and Professional Regulations.
License will be verified through the following link:
https://www.myfloridalicense.com/wl11.asp?mode=0&SID=
The name of the Bidder or its authorized agents per Sunbiz must match the name(s)
recorded on the license. Proposing firm must provide a copy of the applicable license(s)
with Bidder’s response.
b) Bidder must have successfully completed three (3) or more projects, similar or greater in size,
scope and complexity to the specifications of the ITB, in the last ten (10) years in Florida, with at
least one (1) in Miami-Dade and/or Broward County.
c) Bidder shall provide a three (3) reference letters for similar projects. Please note: The references
provided must be the same as the projects/contracts listed in Bidder’s response to MQR (b), above.
d) Bonding Capacity: Provide documentation of your firm’s total and single project bonding capacity
and the name and current financial rating (A.M. Best) of the surety company utilized by your firm.
Bidders shall have a single project bonding capability of at least ten million dollars
($10,000,000.00) with a surety company with an A.M. Best rating of AA or better.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 13
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.4 METHOD OF AWARD
The ITB shall be awarded to the lowest responsive and responsible Bidder, as more particularly set forth
below. The term “lowest responsible and responsive Bidder” as used herein shall mean the Bidder whose
bid is the lowest of those Bidders possessing the skill, ability, and integrity necessary for the faithful
performance of the work, whose bid best serves the interests of and represents the best value to each City,
as determined by their respective City Commission and/or the City Manager. The Bidder will also be
evaluated with respect to whether and to the extent they are “responsible” based upon their quality control
plan, safety plan and proposed project schedule.
SIB and NMB will each evaluate the bids with the intent of awarding a contract to the combined lowest
responsive and responsible Bidder for both of the Projects. Notwithstanding the foregoing, each City
reserves the right to forego awarding on a combined basis and may award the bid to the lowest responsible
and responsive Bidder whose bid best serves the interests of and represents the best value to each City.
Additionally, the Cities each reserve their right to reject any bid or part of a bid that does not conform to
the bidding requirements or to modify or waive all formalities and technicalities in a bid, or to reject all bids.
In the event that the Cities bid evaluation results in an award to the same Contractor, the following terms
shall control:
a. Each City will award a separate contract for its portion of the Projects to the selected Contractor
and shall be responsible for administering their own contract with respect to performing
inspections, approving pay applications, reviewing change orders, testing, permitting, as-built
review and certifications. However, both Cities will work together to ensure that there will be only
one mobilization for the Projects and that the Projects will be completed simultaneously.
b. The awarded Contractor will be required to furnish bonds and insurance to each individual City,
for their respective contracts.
In the event that the evaluation of the bids does not result in the Projects being awarded to the same
Contractor, the following terms shall control:
a. Each City shall proceed with their respective Project utilizing separate and distinct Contractors.
b. The Cities and the awarded Contractors agree to utilize best efforts in coordinating the work for
the Projects.
2.5 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED
The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to
Proceed (NTP) from the agency directing the Contractor to proceed with the work has been received by the
Contractor from the City Manager or designee; provided however, that such notification shall be
superseded by any emergency work that may be required in accordance with provisions included elsewhere
in this solicitation and resultant contract. In addition to the written NTP, the Contractor must supply the
City with the required insurance and bond documents.
The date of commencement of construction will be established during the Pre-Construction Conference,
which shall be held shortly after the award of contract and will be stated in the NTP. Immediately after the
NTP is issued and prior to actually commencing work, the Contractor agrees to deliver to the Engineer in a
form satisfactory to the Engineer, a Construction Progress Schedule. Showing dates of commencement and
completion for each and every subdivision of the project and a schedule of material delivery dates to be
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 14
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
incorporated into each phase of work as set forth in the specifications. Within five working days of the
receipt of said schedule, the Engineer shall meet with the Contractor for a joint review. The Contractor shall
submit six copies of the corrected schedule at the Preconstruction Meeting for review and approval. All
work must be completed within the Contract Term herein specified.
2.6 CONTRACT TERM
The Substantial Completion of the Projects shall occur no later than three hundred sixty-five (365) calendar
days from date of issuance of all permits and notice to proceed, and Final Completion shall occur no later
than three hundred ninety-five (395) calendar days from date of issuance of all permits and notice(s) to
proceed. Time is of the essence.
For the purpose of this project, Final Completion shall be defined at that point after which the Director of
Public Utilities/City engineer or their representative, have made and approved the Final Inspection and the
Punch List has been completed, and all deliverables have been provided to the City.
2.7 LIQUIDATED DAMAGES
Failure to complete all the work within the time specified above, including any extension granted in writing
by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, an
amount equal to Three-Thousand Five Hundred Dollars ($3,500) for each calendar day of delay in the
completion of all the work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled
to deduct these unpaid liquidated damages from the monies due the Contractor.
Liquidated damages are fixed and agreed upon between the Parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such
delay and both parties desiring to obviate any question of dispute concerning the amount of damages and
the cost and effect of the failure of the Contractor to complete the Work on time. Liquidated damages shall
apply separately to each portion of the Work for which a time of completion is given. Delays caused by or
resulting from entities, Contractors or subcontractors who are not affiliated with the Contractor shall not
give rise to a claim by Contractor for damages for increase in material and/or labor costs. Such entities,
Contractors and subcontractors include, but are not limited to, the City's Contractors and subcontractors,
Florida Power and Light Company, AT&T, TECO Gas and Breezeline.
2.8 PRICE
If a Bidder is awarded a contract under this solicitation, the price shall remain fixed and firm during the
contract term. Contractor shall be responsible for mobilization and demobilization of labor, permits,
materials and equipment. Payment for mobilization and demobilization will be included in the lump sum
price indicated in the ITB. Pricing shall include such amounts, as Bidder deems proper, for all labor,
materials, supplies, equipment, subcontractors, insurance, bonds, overhead, profit and any other costs to
provide the work as noted in this ITB.
2.9 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond and Payment
Bond in the amount of 100% of the contract price, with the City of Sunny Isles Beach as the Obligee, as
security for the faithful performance of the Contract and for the payment of all persons performing labor
or furnishing materials in connection herewith within ten (10) calendar days after issuance of the Notice of
Award by the City. The Performance and Payment Bond shall continue in effect through the contract term.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 15
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
The bonds shall be with a surety company authorized to do business in the State of Florida and having been
in business with a record of successful continuous operation for at least five (5) years.
The Performance Bond shall guarantee all work and materials furnished under the Contract including losses
resulting from defects in the materials or improper performance of Work under the Contract that may
appear or be discovered during performance of the Work or during any applicable warranty period after
completion of all Work, and for latent defects, during the time periods set forth in section 95.11(3)(c),
Florida Statutes. The Payment Bond shall stay in effect until the time required by section 255.05, Florida
Statutes, for the making of claims under such Bond, or when all claimants submitting valid claims have been
paid, whichever is later.
2.10 INSURANCE
At all times during the term of the Contract, the Contractor, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits as described below. The Contractor further agrees
that if any part of the Work under the Contract is subcontracted, it will require its subcontractors to
maintain insurance coverage of such types and with such terms and limits as described below as a condition
of those subcontracts.
2.10.1 Comprehensive General Liability Insurance
Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be offered in a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage Liability:
• Premises and Operation;
• Independent Contractors;
• Products and/or Completed Operations Hazard;
• Broad Form Property Damage;
Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and Property
Damage Liability.
2.10.2 Business Automobile Liability
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
• Owned Vehicles;
• Hired and Non-Owned Vehicles;
• Employers’ Non-City ship.
Before starting the Work, the Bidder will file and make sure that all certificates of insurance
required by this document and by the Contract are in the City’s possession. These certificates shall
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 16
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
contain a provision that the coverage afforded under the policies will not be canceled or materially
changed until at least thirty (30) days prior written notice has been given to the City by certified
mail. The City shall be named as an additional insured on the above-referenced policies.
2.10.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or
Occupational Disease Laws, including, where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability
Insurance shall be provided with a minimum of $100,000.00 per accident, $100,000.00 per person,
and $500,000.00 per policy aggregate. Such policies shall cover all employees engaged in any Work
under the agreement. Bidder agrees to be responsible for the employment, conduct and control of
its employees and for any injury sustained by such employees in the course of their employment
2.10.4 Environmental Pollution Insurance
The Contractor shall carry an Environmental Pollution Insurance for pollution-related incidents,
including the cost of cleaning up a site after a pollution incident, with limits not less than $500,000.00
Dollars per occurrence with deductible not greater than $100,000.00. An additional Form or
endorsement to the Commercial General Liability Insurance to include an Environmental Pollution
Insurance coverage providing the specified coverage, is acceptable.
2.10.5 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any insurance
expire during the period of this contract, the Consultant shall be responsible for securing other
acceptable insurance to provide the coverage specified in this section to maintain coverage during
the life of this Contract. All deductibles must be declared by the Bidder and must be approved by
the City. At the option of the City, either the Bidder shall eliminate or reduce such deductible or
the Bidder shall procure a Bond, in a form satisfactory to the City, covering the same.
2.10.6 Professional Liability Insurance
Evidence of Professional Liability Insurance coverage for negligent acts, errors, and omissions in
the amount of one million dollars ($1,000,000), with a minimum coverage of one million dollars
($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.
The Professional Liability policy/coverage shall be amended, if necessary, to include the following:
1. Description on the declaration describing the scope of your professional services and shall
include all aspects of the services performed under this Agreement, including negligent acts,
errors or omissions arising out of your operations or any qualified sub-consultants and sub-
tier consultants for whom you are legally liable.
2. Deletion of any exclusions pertaining to design/build liability.
3. Coverage shall apply for one (1) year after the Project is complete.
2.10.7 Builder’s Risk insurance
Builder’s Risk insurance for all construction performed on the site to the full value of the contract.
City of North Miami Beach and City of Sunny Isles Beach must be shown as an additional insured
with respect to this coverage. The mailing address of City of North Miami Beach 17011 NE 19th
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 17
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Avenue, Suite 315, North Miami Beach, Florida 33162, as the certificate holder, must appear on
the certificate of insurance.
2.10.8 Equipment Floater insurance
For the value of any equipment being stored on site for the duration of the project. City of North
Miami Beach and City of Sunny Isles Beach must be shown as an additional insured with respect
to this coverage. The mailing address of City of North Miami Beach 17011 NE 19th Avenue, Suite
315, North Miami Beach, Florida 33162, as the certificate holder, must appear on the certificate of
insurance.
2.10.9 Umbrella or Excess Insurance
Umbrella or Excess Insurance with the following limits – Combined Single Limit of five million
dollars ($1,000,000) and is excess/additional to applicable coverages above. The City of North
Miami Beach must be shown as an additional insured with respect to this coverage. The mailing
address of the City of North Miami Beach is 17011 NE 19th Avenue Second Floor, Risk
Management, North Miami Beach, Florida 33162, as the certificate holder, and must appear on
the certificate of insurance.
NOTE: THE CITY OF SUNNY ISLES BEACH AND THE CITY OF NORTH MIAMI BEACH, AS APPLICABLE,
CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF
SUNNY ISLES BEACH AND THE CITY OF NORTH MIAMI BEACH, MUST BE SHOWN AS AN ADDITIONAL
INSURED WITH RESPECT TO THIS COVERAGE.
2.11 INTERPRETATION OF PLANS AND DRAWINGS
On all drawings, the figured dimension shall govern in case of discrepancy between the scales and figures.
The Contractor shall take no advantage of any error or omission in the Drawings or of any discrepancy
between the Drawings and Specifications. The Engineer of Record shall make such interpretations as may
be deemed necessary for the fulfillment of the intent of the Drawings and Specifications as construed by
the Engineer, and his/her decision shall be final. If there is a discrepancy between plans and specifications,
the specifications govern.
2.12 MATERIALS, INSPECTION, AND RESPONSIBILITY
The City shall have a right to inspect any material to be used in carrying out this contract. The City does not
assume any responsibility for the availability of any controlled materials or other materials and equipment
required under this contract. The Bidder shall be responsible for the contract quality and standards of all
materials, components or completed work finished under this contract for 12 months from the date of final
approved inspection and acceptance. Materials, components, or completed work not complying therewith
may be rejected by the City and shall be replaced by the Bidder at no cost to the City. Any materials or
components rejected shall be removed within a reasonable time from the premises at the entire expense
of the Bidder, after written notice has been mailed by the City to the Bidder that such materials or
components for work have been rejected.
2.13 LABOR REGULATIONS
The Contractor shall fully comply with all laws and regulations concerning labor, work hours, wage rates,
labor conditions and related matters. No Contractor or subcontractor contracting for any part of the
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 18
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
contract work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2.14 LICENSES, PERMITS AND FEES
The Contractor shall obtain and pay for all licenses, permits and inspection fees required for this project;
and shall comply with all laws, ordinances, regulations and building code requirements applicable to the
work contemplated herein. Damages, penalties and or fines imposed on the City or the Contractor for
failure to obtain required licenses, permits or fines shall be borne by the Contractor. Contractor shall be
required to furnish a certified copy of all licenses, certificates of competency or other licensure
requirements necessary to practice his profession as required by Florida Statutes, Florida Building Code,
Miami-Dade County, or City of Sunny Isles Beach Code. These documents shall be furnished to the City along
with the Bid response. Failure to furnish these documents or to have required licensure will be grounds for
rejecting the Bid as non-responsive or otherwise. The successful Bidder shall comply with all federal, state
and local ordinances, regulations, rules and permits as well as any other laws that would apply to the
services being provided.
Bidder shall be responsible for ensuring it is in possession of all required City permits prior to
commencement of work, and maintaining permits throughout the contract award, as required. All costs
associated with obtaining required permits shall be the responsibility of the awarded Bidder(s).
2.15 SUB-CONTRACTORS:
If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the
submittal when the bid is submitted. The City must approve any changes in the use of subcontractors in
advance and in writing. No such approval will be construed as making the City a party to such subcontract
or subjecting the City to liability of any kind to any subcontractor. No subcontractor will under any
circumstances relieve the Bidder of its liability and obligation under any resulting contract. Subcontractor
is subject to the same contractual conditions as is the Bidder.
The Engineer shall promptly notify the Contractor, in writing, if either the Owner or Engineer, after due
investigation, has reasonable objections to any subcontractor on said list and does not accept them. Failure
of the Owner or Engineer to make objection within three (3) weeks to any subcontractor on the list shall
constitute acceptance of such subcontractor. After acceptance, no subcontractor shall be changed without
written approval by the Owner and Engineer.
2.16 PAYMENTS
Each invoice or payment application must be accompanied by all supporting documentation and other
information reasonably requested by City, including, but not limited to a Partial Release of Lien or Final
Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein
to Chapter 713, Florida Statutes is for convenience, and shall not be construed as a waiver of sovereign
immunity or authority for imposition of liens against public property. Each progress payment shall be
reduced by five percent (5%) retainage. Subject to other requirements of the Contract Documents,
retainage shall be released after final completion of the Work and City’s receipt of acceptable reports and
other documentation including certification of payment to subcontractors, if any, and a Final Release of
Lien in the form set forth in Section 713.20, Florida Statutes.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 19
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
A final payment invoice or application must be accompanied by written notice from Contractor that the
entire Work is completed. The City’s engineer of record will make a final inspection and notify Contractor
in writing with a punch list of all particulars in which this inspection reveals that the Work is incomplete or
defective. Contractor shall immediately take such measures as are necessary to complete the punch list and
remedy deficiencies. Contractor’s obligation to perform and complete the Work in strict accordance with
the Contract Documents shall be absolute. The City may refuse payment if (a) the Work is defective or
completed Work has been damaged requiring correction or replacement, (b) the City has been required to
correct defective Work or complete Work in accordance with the Contract Documents, or (c) because claims
have been made against the City on account of Contractor’s performance or furnishing of the Work or liens
or claims have been filed or asserted in connection with the Work or there are other items entitling the City
to a set-off against the amount due. No payment will be made for Work performed by the Contractor to
replace defective work; for work which is not shown or ordered in the Contract Documents; or additional
work performed by Contractor without prior written approval of City.
2.17 TAXES
Contractor must pay all applicable sales, consumer, use, and other taxes required by law. Contractor is
responsible for reviewing the pertinent state statutes involving state taxes and complying with all
requirements.
2.18 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE CONTRACTOR
The Contractor shall furnish the following, including but not limited to, all labor, material, equipment,
barricading, Maintenance of Traffic (MOT), adequate supervision, and coordination for satisfactory contract
performance. When not specifically identified in the technical specifications, such materials and equipment
shall be of a suitable type and grade for the purpose and meeting or exceeding all permit or industry
standard requirements. All material, workmanship, 100% design, testing and equipment shall be subject to
the inspection and approval of the City Manager or his designated representative for this project.
2.19 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The Contractor hereby acknowledges and agrees that all materials, except where recycled content is
specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant contract
shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the
materials supplied to the City by the Contractor are found to be defective or do not conform to
specifications: (1) the materials may be returned to the Contractor at the Contractor’s expense and the
contract cancelled or (2) the City may require the Contractor to replace the materials at the Contractor’s
expense. No provisions or allotments for delays or time extensions to the schedule as a result of
“defective”, unacceptable material, or reused material found shall be granted.
In the event that material is suspected by the City of being reused or not new in original packaging, the
material may be rejected. The Contractor shall remove such material and replace it at his/her cost and
within the original schedule. No provisions or allotments for delays or time extensions to the schedule as
a result of “defective”, unacceptable material, or reused material found shall be granted.
2.20 ACCIDENT PREVENTION AND BARRICADES
Contractor shall comply with City, State and Federal regulations and permit requirements for the placement
of the proper Traffic Control Devices. Barricades, cones, construction fencing, temporary construction
fencing per City regulations and other relevant requirements, shall be provided by the Contractor when
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 20
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by the City
Project Manager(s) at no extra cost to the City.
Precautions shall be exercised at all times for the protection of persons and property. All services performed
under this contract shall conform to all relevant regulations as prescribed in the current edition of the
Manual of Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation’s Design
Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more
stringent shall apply. Any fines levied by the above-mentioned authorities for failure to comply with these
requirements shall be borne solely by the Contractor.
2.21 SAFETY MEASURES:
Contractor shall take all necessary precautions for the safety of employees and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public.
Contractor to follow all OSHA Safety Standards. Danger signs warning against hazards created by his/ her
operation and work in progress must be posted.
All employees of the contractor shall be expected to wear safety glasses or goggles, appropriate clothing,
and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property when
pedestrians and/ or vehicles are in close proximity work shall cease until it is safe to proceed.
2.21 HOURS OF CONSTRUCTION
The Contractor shall minimize the impact of this project on the general public ensuring that all service
interruptions are kept to a minimum and providing temporary services, structures, and facilities as required.
The existing service to the residents and businesses may not be interrupted for more than 4 hours without
written permission from the City. The Contractor may perform work between the hours 7:00 AM and 7:00
PM Monday through Thursday and 7:00 AM – 5:00 PM on Fridays. Hours in the areas of the school may be
restricted during peak school traffic. Contractor shall consider school access for vehicles and pedestrians
when preparing MOT plans. Work outside these hours, on weekends, or holidays is prohibited without prior
permission from the applicable jurisdiction.
The Contractor is to maintain appropriate signage, guards, and flagmen for the purpose of safeguarding
the general public while work is ongoing. All work shall be completed in a safe and workmanlike manner
every day and the Contractor shall secure the site prior to leaving at the end of each and every day.
2.22 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT
All material must be F.O.B. destination. The Contractor is solely liable and responsible for the purchase,
delivery, and installation of all materials and equipment. The Contractor will make all arrangements for
delivery. Contractor will be solely liable for receiving, inspecting, accepting, and replacing any damaged
materials or equipment and filing any and all claim with suppliers or transporters. Contractor is responsible
for the protection of all materials and equipment from adverse weather conditions, damage, deterioration,
and theft until the Work has been accepted by the City.
Contractor is responsible for providing staging and storage area for construction.
2.23 PROTECTION OF PROPERTY
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 21
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
The Bidder shall take extra precaution to protect all property while removing and replacing materials and
equipment. Any damage done by the Bidder, whether it is necessary to the installation or accidental, shall
be corrected to its original or better state, and shall be corrected to the satisfaction of the respective
agency.
2.24 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Extreme care shall be taken by Contractor to safeguard all existing facilities, site amenities, utilities,
irrigation systems on or around the job site. Damage to public and/or private property shall be the
responsibility of the Contractor and shall be repaired and/or replaced by Contractor at no additional cost
to the City. The Contractor shall use all means to protect existing objects, structures and vegetation
designated to remain. In the event of damage, the Contractor shall immediately make all repairs,
replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the
City.
2.25 CLEAN-UP
Bidder shall remove and dispose of any dirt or debris resulting from this project. All debris shall be disposed
of at an authorized dumping facility. Dump tickets shall be submitted to the City with each pay request.
Exposed metal shall be polished, glass shall be cleaned, surrounding structures or landscaping affected or
damaged during completion of this project shall be restored to an equal or better condition. Paint shall be
touched up if and where needed. Bidder's equipment and surplus material shall be removed from site.
2.26 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by City, Contractor shall promptly, as directed and at its sole expense, either correct all defective
Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by City, remove
it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect, and
consequential costs of such correction or removal (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) made necessary thereby.
2.27 CHANGE ORDER
The Contract may only be changed by a Change Order approved by the City. Any increase or decrease in the
Contract Price or adjustment in the Contract Time shall be based on written notice by the Contractor
delivered promptly to the City (but in no event later than seven (7) days) after the acknowledgement or
occurrence of the event giving rise to the claim and stating the general nature of the claim. Within fourteen
(14) days thereafter, notice of the amount of the claim with all supporting data shall cover all amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said
event. All claims for adjustment in the Contract Price or Contract Time shall be determined by the City.
Contractor acknowledges and agrees that no claim for an adjustment in the Contract Price or Contract Time
will be valid or enforceable if not submitted in strict accordance with this paragraph.
The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract
Price or Contract Time shall be determined by: 1) mutual acceptance of a lump sum (which may include an
allowance for overhead and profit) or 2) by application of unit prices contained in the Contract Documents
to the quantities of the items involved. The City shall decide, in its sole discretion, whether to issue and
agree to a Change Order, and verbal representations or instructions may not be relied upon by the
Contractor.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 22
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.28 CITY ENGINEER
All communications and correspondence shall be directed to the City Engineer and appointed project
manager. The supervision of the execution of this Contract is vested in the Engineer, the Construction
Manager and their instructions shall be carried into effect promptly and efficiently. The Engineer shall in all
cases determine the amount, quality, fitness and acceptability of the work and materials to be paid for and
shall decide finally and conclusively all questions or differences of opinion that may arise as to the
interpretation of the Plans and Specifications or the fulfillment of the terms of the Contract. In the event of
such a question or difference of opinion, the decision of the Engineer is to be a condition precedent to the
Contractor’s right to receive any money for the work or the materials to which the question or difference
of opinion relates.
If the Contractor considers any work demanded of him/her to be outside the requirements of the Contract,
or if they consider any decision or ruling of the Engineer to be unfair, they shall immediately, upon such
work being demanded or ruling or decision being made, shall ask for written instructions or decisions from
the Construction Manager, whereupon they shall proceed without delay to perform the work or conform
to the decision or ruling. Beginning with the first day of this work, the Contractor and the Inspector shall fill
out daily Time and Material Records for the work. Such records shall be signed by both parties. This
documentation does not constitute acknowledgement for authorization to pay for this work. In the event
that a claim for this work is approved by the City subsequent to the commencement of the work an accurate
accounting of work shall be agreed upon by both parties upon completion of this work and will be paid for
as work as provided in the Specifications by Allowance Account if funds are available, or by an approved
Change Order by the Board of Commissioners.
2.29 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM
In addition to any manufacturer’s warranties, Contractor warrants and guarantees to the City that all
work will be in strict accordance with the Contract Documents and will not be defective. All defective
Work, whether or not in place, may be rejected, corrected, or accepted as provided below.
2.29.1 Correcting Defects Covered Under Warranty
The Contractor shall be responsible for promptly correcting any deficiency, at no cost to the City,
within seven (7) calendar days after the City notifies the Contractor of such deficiency in writing.
If the Contractor fails to satisfy the warranty within the period specified in the notice, the City may
(a) place the Contractor in default of its contract, and/or (b) procure the products or services from
another source and charge the Contractor for any additional costs that are incurred by the City for
this work or items; either through a credit memorandum or through invoicing.
2.29.2 Owner May Stop the Work
If the Work is defective or Contractor fails to supply sufficiently skilled workers or suitable
materials or equipment or fails to furnish or perform the Work in such a way that the completed
Work will strictly conform to the Contract Documents, City may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated. However, this right of
City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the
benefit of Contractor or any other party.
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 23
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.30 ONE YEAR CORRECTION PERIOD
In the event any work is found to be defective within one year after the date of Final Completion, Contractor
shall promptly, without cost to the Cities and in accordance with their written instructions, either correct
such defective Work, or, if it has been rejected by the Cities, remove it from the site and replace it with
non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective Work
corrected or the rejected Work removed and replaced, and all direct, indirect, and consequential costs of
such removal and replacement (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals) will be promptly paid by Contractor. Nothing in this ITB or the Contract
shall be construed as a limitation on any right or remedy for breach of the Contract or defects in the Work.
All rights set forth herein and, in the Contract, shall be deemed cumulative and in addition to any rights or
remedies which may be afforded by Florida law.
2.31 FRAUD AND MISREPRESENTATION
The Cities may terminate this Contract based on any attempt by the Contractor to meet its
contractual obligations with the Cities through fraud, misrepresentation, or material misstatement.
Should this occur, the Contractor will be responsible for all direct or indirect costs associated with
termination or cancellation of the Contract.
2.32 PUBLIC RECORDS LAW
The Cities are subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of confidentiality or
proprietary information in all or any portion of a response will be honored unless a specific exemption from
the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the
firm, only the exemption claimed. Contractor acknowledges the public shall have access at all reasonable
times, to all documents and information pertaining to City’s contracts, subject to the provisions of Chapter
119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to
disclosures under applicable law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES BEACH 18070
COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE
MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
2.33 STATUTORY NOTICES RELATING TO UNAUTHORIZED EMPLOYMENT AND SUBCONTRACTS.
2.33.1 The State of Florida considers the employment by any City of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of the Contract. The Contractor shall be
responsible for including this provision in all subcontracts issued as a result of the Contract.
2.33.2 Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 24
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
the convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or an affiliate who has been placed on the convicted vendor
list following a conviction for 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 bids on leases of real property to a public entity, may not be awarded or perform
work as a Contractor, supplier, subcontractor, 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, Florida Statutes, for CATEGORY TWO for
a period of thirty-six (36) months from the date of being placed on the convicted vendors
list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies on leases of real property to a public entity; may not be
awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity.
iii. Antitrust Violator Vendors. A person or affiliate who has been placed on the antitrust
violator vendor list following a conviction or being held civilly liable for an antitrust
violation may not submit a bid, Proposal, or reply on any contract to provide any good or
services to a public entity, may not submit a bid, Proposal, or reply on any contract with
a public entity for the construction or repair of a public building or public work; may not
submit a bid, Proposal, or reply on leases of real property to a public entity; may not be
awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a
contract with a public entity; and my not transact new business with a public entity,
pursuant to s. 287.137, F.S. The Florida Department of Management Services is
responsible for maintaining the antitrust violator list and is to post the list on its website
starting January 1, 2022. Questions regarding the antitrust violator vendor list may be
directed to the Florida Department of Management Services, State Purchasing Division,
at (850) 488-8440 or send email to purchasingcustomerservice@dms.myflorida.com.
iv. Notification. The Contractor shall notify the City if it or any of its suppliers, subcontractors,
or consultants have been placed on the convicted vendor list or the discriminatory vendor
list during the life of the Contract. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at (850) 487-0915.
2.34 SCRUTINIZED COMPANIES
2.34.1 Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Contract at its sole
option if the Contractor or its subcontractors are found to have submitted a false certification; or if the
Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel during the term of the Agreement.
2.34.2 If this Agreement is for more than one million dollars, the Contractor certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or
Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 25
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
terminate the Contract at its sole option if the Contractor, its affiliates, or its subcontractors are found to
have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on
the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
2.34.3 The Contractor agrees to observe the above requirements for applicable subcontracts entered into
for the performance of work under the Contract.
2.35 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS.
The Contractor and all its agents shall comply with all federal, state, and local regulations, including, but
not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration
requirements. The Contractor shall include this provision in all subcontracts issued as a result of the
Contract.
No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of the Agreement.
2.36 BUILD AMERICA, BUY AMERICA ACKNOWLEDGEMENT
The Bidder for this proposed contract must include in all contracts and purchase agreements for this project
the following contract language:
The Contractor hereby presents and warrants to and for the benefit of the Owner and State that: (a) the
Contractor has reviewed and understands all requirements of the Build America, Buy America Act
applicable to this project; (b) all of the products used in this project will be and/or have been produced in
the United States in a manner that complies with the Build America, Buy America Act, unless a waiver of
applicable requirement(s) is approved; and (c) the Contractor will provide any further verified information,
certification, or assurance of compliance with this acknowledgment, or information necessary to support a
valid waiver of the Build America, Buy America Act, as may be requested by the Owner or the State.
END OF SECTION
City of Sunny Isles Beach & City of North Miami Beach| Drainage Improvements & Watermain
Replacement 26
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF WORK
The City of Sunny Isles Beach is seeking to retain a qualified (“Contractor” or “Bidder”) capable of providing
all services specified in Exhibit C.
The City of North Miami Beach is seeking to retain a qualified (“Contractor” or “Bidder”) capable of
providing all services specified in Exhibit D.
3.2 REQUIREMENTS OF THE CONTRACTOR
Contractors interested in performing these services must exhibit considerable relevant experience with this
type of work and should emphasize both experience and capability of particular personnel who will actually
perform the work. All Architects, Engineers and General Contractors must be licensed by the State of Florida
and maintain certification as and be in good standing with the Department of Business and Professional
Regulations. Contractors should demonstrate that they have experience working with seawall structures,
preferably for government. The selected Contractor will be responsible for obtaining City of Sunny Isles
Beach Building permits necessary for the construction of the projects.
The project services shall include but not be limited to the following:
1. Contractor to supply drawings and calculations and obtain a building permit.
2. Providing as-built drawings, applicable product data and operational manuals to the City.
3. All necessary engineering plans.
4. The Contractor shall schedule regular progress meetings every week during the project.
5. Provide overall project management and coordination necessary to accomplish these tasks.
3.3 AS-BUILT RECORDS
A complete set of as-built records shall be kept by the Contractor at the job site. These records shall show
all items of construction and equipment which differ in size, shape, or location from those shown on the
Contract drawings, also any additional work, existing features or utilities revealed by construction work
which are not shown on the Contract drawings. These records shall be kept up to date daily. They may be
kept on a marked set of Contract drawings to be furnished the Contractor for this purpose, or in any other
form which is approved prior to the beginning of the work. They shall be available at all times during
construction for reference by the Engineer and shall be delivered to the Engineer prior to pre-final
inspection.
END OF SECTION