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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