Loading...
HomeMy WebLinkAboutINVITATION TO BID 23-05-02 GOLDEN SHORES PUMP STATION REHABILITATION 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 Goods & Services ITB 23-05-02 GOLDEN SHORES PUMP STATION REHABILITATION RELEASE DATE: FRIDAY, MAY 19, 2023 MANDATORY PRE-BID MEETING MONDAY, JUNE 5, 2023 AT 11:00 AM SUNNY ISLES BEACH GOVERNMENT CENTER 18070 COLLINS AVENUE, 1ST FLOOR CONFERENCE RM SUNNY ISLES BEACH, FLORIDA 33160 SITE-VISIT: A SITE VISIT WILL TAKE PLACE IMMEDIATELY FOLLOWING THE PRE-BID MEETING. THE SITE-VISIT WILL TAKE PLACE AT 19200 NORTH BAY ROAD ALL QUESTIONS DUE: JUNE 9, 2023 AT 5:00 PM SUBMISSION DUE DATE: THURSDAY, JUNE 29, 2023 AT 11:00 AM SUBMIT SEALED BIDS TO: Envelope must clearly provide your firm’s name, phone # and contact information and must be labeled with the ITB # and name. CITY CLERK SUNNY ISLES BEACH GOVERNMENT CENTER 18070 COLLINS AVENUE, 1ST FLOOR SUNNY ISLES BEACH, FLORIDA 33160 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. TABLE OF CONTENTS LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3 GENERAL TERMS & CONDITIONS 4 SPECIAL TERMS & CONDITIONS 10 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 22 PROPOSAL FORMAT 23 BID SUBMITTAL FORM 32 ATTACHMENTS - MUST BE REVIEWED BY YOUR FIRM ATTACHMENT A – PRICE SHEET ATTACHMENT B - TECHNICAL SPECIFICATIONS ATTACHMENT C - GEOTECHNICAL REPORT ATTACHMENT D - PLANS ATTACHMENT E – GENERAL REQUIREMENTS AFFIDAVITS BID BOND AND PERFORMANCE BOND NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT 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 FIRM NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. GOLDEN SHORES PUMP STATION REHABILITATION INVITATION TO BID NO. 23-05-02 The Specifications for this INVITATION TO BID are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Any addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. Sealed Bids will be received by the City Clerk no later than 11:00 AM ON THURSDAY, JUNE 29, 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: “IMPORTANT, BID ENCLOSED SUBMIT TO CITY CLERK’S OFFICE” INVITATION TO BID NO. 23-05-02 GOLDEN SHORES PUMP STATION REHABILITATION OPENING DATE AND TIME: THURSDAY, JUNE 29, 2023 AT 11:00 AM The City reserves 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 Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Council, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this ITB from the time of the ITB initial release through the award. The City will host a mandatory pre-bid conference on MONDAY, JUNE 5, 2023 AT 11:00 AM at the City of Sunny Isles Beach Government Center, 1ST Floor Conference Room. All questions regarding this bid shall be directed in writing by JUNE 9, 2023 AT 5:00 PM. Questions may 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 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 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 CONDITIO0NS 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 Proposers 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 PROPOSALS, INVITATION TO 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 proposers (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 INVITATION TO 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 proposers prior to the opening must be initialed and dated by the proposers. 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: Proposers 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 Proposers 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 proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the INVITATION TO 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 Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, 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 Proposer’s 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 Proposers 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: 5 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 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 Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers 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 Proposers 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 Proposers 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. 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 shall 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. 1.20 WARRANTIES: Successful Proposers 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: Proposers 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 INVITATION TO 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: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers 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: Proposers 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 Proposers 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 Proposers 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 Proposers, 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 6 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 Proposers 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 TO BID and monies which may be due 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 five (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 Proposers, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers 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 or Proposal: The offer of the Bidders/Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers or Bidders: 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. Contract Documents: Contract Documents shall include, Instructions to Proposers, 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, Invitation to Bid, 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. Notice of Award: The written notice by City to the apparent successful Proposers 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. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 7 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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. 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 ITB 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. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer’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 Proposer 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 Proposers 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 Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers 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 is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears 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 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 8 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 ten (10) days written notice to the Contractor, the City may, without cause (termination for convenience) 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: Proposers 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 in jury 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. 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. 1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. End of Section 9 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 PURPOSE OF THE ITB The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County, Florida, is requesting bids from qualified Contractors (“Proposers”, “Bidders”, “Contractors”, or “Firms”) to replace two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps, to convert an existing generator room to house new pump controls, to install a new backup generator, which will need to be powered by a new gas service line, on the north side of an existing pumpstation building, to remove an existing bypass slide gate, to upgrade an existing building façade, and reconstruct the adjoining parking area. The project location is 19200 North Bay Road Sunny Isles Beach, FL 33160. The scope of work shall be in accordance with the bid plans, as more particularly described in Attachments B, C, D and E, as titled below: ATTACHMENT B - TECHNICAL SPECIFICATIONS ATTACHMENT C - GEOTECHNICAL REPORT ATTACHMENT D - PLANS ATTACHMENT E – GENERAL REQUIREMENTS Ongoing station and generator maintenance will also be required. Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity, and quality of labor, water, and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and hydrology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. The budget for this project is $2,650,000. Calvin Giordano & Associates is the City’s Consulting Engineer (“Engineer”), and shall serve as agent for the City in all matters pertaining to the work on this project. No changes in the work or extra charges to the Contract are effective until recommended by the City Engineer and approved by the City in the form of a written change order. The Engineer is precluded from bidding on this Project due to their involvement in the creation of the scope of work. 2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS) a. The Prime Contractor shall hold the proper license in the State of Florida to perform the 10 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Scope of Work set forth within this solicitation to include being registered as a Certified General Contractor with the State of Florida along with registration to conduct business in the State of Florida in all required disciplines. Proposing Firm must provide a copy of the applicable license(s) with Firm’s response. b. The Proposing bidder must have been awarded Prime Contractor and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. c. Bidder shall provide reference letters for no less than three (3) projects in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR “b” above. d. Provide documentation of bidder’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. 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 Three Million Dollars ($3,000,000.00) with a surety company with an A.M. Best rating of AA or better. 2.3 MANDATORY PRE-BID MEETING FOLLOWED BY SITE-VISIT A mandatory pre-bid conference will be held on MONDAY, JUNE 5, 2023 AT 11:00 AM at Sunny Isles Beach Government Center located at 18070 Collins Avenue Sunny Isles Beach, FL 33160, First Floor Conference Room, to discuss the special conditions and specifications included within this solicitation. Proposers are requested to bring this solicitation document to the conference, as additional copies may not be available. It is strongly encouraged that Firms interested in proposing to this ITB attend the Pre-Bid Meeting as a tool to be successful in responding to the City’s project. 2.4 EXAMINATION OF SITE 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. 2.5 CONTRACT TERM 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 11 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 project shall be substantially completed within one-hundred and eighty (180) calendar days from the Project initiation specified in the Notice to Proceed and final completion shall be thirty (30) calendar days after Substantial Completion. The total two-hundred and ten (210) calendar days include weekend days and holidays. For the purpose of this project, Final Completion shall be defined at that point after which the 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. 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 One thousand Dollars ($1,000) 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. 2.6 METHOD OF AWARD 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 the City, as determined by the City Commission and/or the City Manager. The bidder will also be evaluated as part of their “responsibleness” on their quality control plan, safety plan, and proposed project schedule. Firms will be evaluated by relevant experience, preferably with government agencies, successful past performance, no conflicts of interest, approach to the project, and whose bid best serves the interest of and represents the best value to the City in conformity with the criteria set. The City Manager may also reject all proposals received. Section 62-8 of the City Code provides that the City may consider the following:  The ability, capacity, and skill of the vendor to perform the Contract.  The character, integrity, reputation, judgment, experience, and efficiency of the vendor.  The quality of performance of previous contracts with the City and references.  The previous and existing compliance by the vendor with laws and ordinances relating to the Contract. The City also reserves the right to waive minor variations to specifications (interpretation of minor variations will be made by applicable City Procurement personnel). In addition, the City reserves the right to cancel any contract by giving thirty (30) days written notice. The City reserves the right to negotiate the type and cost of specific types of services to be purchased. 2.7 SUB-CONTRACTORS 12 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the submittal when it 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 Proposer of its liability and obligation under any resulting contract. Subcontractor is subject to the same contractual conditions as is the Respondent. The City/City’s Representative shall promptly notify the Contractor, in writing, if either the City or Engineer, after due investigation, has reasonable objections to any subcontractor on said list and does not accept them. Failure of the City or Engineer to make objection to any subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no subcontractor shall be changed without written approval by the City and Engineer. 2.8 FIRM BID PRICE If the Bidder is awarded a contract under this solicitation, the prices proposed by the Bidder shall remain fixed and firm during the term of the contract. 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 total Bid 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. 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 period agreed upon. 2.10 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT Requirements warrant that lead-times for furnishing and delivery of equipment and supplies will need to be considered to accommodate the project timeframe. Due to long fabrication and delivery lead times, Contractor shall provide to the City a list of equipment required to maintain orderly progress of the Work and those required to order immediately upon NTP. All material must be F.O.B. destination City of Sunny Isles Beach. The Contractor is solely liable and responsible for the purchase, delivery, and installation of all materials and equipment. The contractor will make all arrangements in regards to delivery, storage, installation, and warranty 13 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net requirements. 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. All bidders shall quote prices based on furnished and installed materials. Bidder shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 2.11 INSURANCE Comprehensive General Liability Insurance General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. 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. • $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability & Commercial Automobile Liabilities. 2.11.2 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. 14 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net These certificates shall 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. The Bidder agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.11.3 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. 4. Workers’ Compensation in accordance with Florida Statute, including Employer’s Liability of $1,000,000. 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 2.11.4 Builder’s Risk Insurance – Coverage shall be “All Risk” coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where contract calls for install of machinery or equipment, the policy must be endorsed to provide coverage on “All Risk” basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. 2.11.5. Cancellation and Re-Insurance It shall be the responsibility of the bidder 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 Proposers, 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. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. 2.12 PROGRESS PAYMENTS Progress payments shall be considered based upon the Contractor’s Applications for Payment submitted to the Project Manager and upon Certificates for Payment subsequently issued to the Owner by the Project Manager. The Owner shall make progress payments to the Contractor on account of the Contract Price subject to the terms and conditions in the resultant Agreement. 15 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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. Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month’s billing cycle. 2.13 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA) and applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services. 2.14 PERMITS The Contractor shall obtain and pay for all licenses, permits (please refer to permit fees here) 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. Contractor shall always have a copy of approved permit and associated plans on the jobsite. It is the Contractor’s responsibility to coordinate notice of commencement, and coordinate with the permitting authority having jurisdiction on any requirements given as a conditional approval of the permitting. Pursuant to Florida Statute Section 218.80, the City hereby discloses that the following licenses, permit and fees and their costs are issued by the City for construction. Licenses, permits and fees applicable to this Project are within the link found below and must be obtained and/or paid by the awarded Bidder. The successful Bidder is responsible to identify and obtain all applicable 16 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net licenses, permit and pay all such related fees. The costs of all licenses permits and their respective fees applicable to this Project are to be secured and paid for by the awarded Bidder. Click here to view the permit fee schedule. 2.15 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) inclusive of any required off duty police officers, 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. 2.16 ACCIDENT PREVENTION AND BARRICADES Barricades, cones, construction fencing, temporary construction fencing and off duty police officers, per City regulations and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by the City Manager at no extra cost to the City. CONTINUOUS OFF-DUTY POLICE SUPPORT SHALL BE REQUIRED FOR ALL WORK RESULTING IN MODIFICATIONS TO THE EXISTING TRAFFIC FLOW PATTERNS INCLUDING BUT NOT LIMITED TO LANE CLOSURES AND DETOURS OR WHERE OTHERWISE REQUESTED BY THE CITY. Contractor shall comply with City, State and Federal regulations and permit requirements for the placement of the proper Traffic Control Devices. 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. 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. 2.17 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 17 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 2.18 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. 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. 2.19 DISCREPANCIES Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or Specifications, or should they be in doubt as to their meaning, they shall at once notify the City in writing. 2.20 DAMAGE TO PUBLIC OR PRIVATE PROPERTY If property (public or private) is damaged while contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the contractor in a manner acceptable to the City prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Such property shall include but not be limited to: existing facilities and all of its components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities, etc. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. If the work site has any pre-existing damage, the Contractor shall notify the Public Works/Capital Projects Department in writing. Failure to do so shall obligate the contractor to make repairs per the above section. 2.21 UTILITY It shall be the responsibility of the Contractor to contact all affected utility owners and determine the precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of 72 hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide 18 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times. 2.22 FINAL CLEAN-UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or the Work. Upon final completion of the Work and before acceptance and final payment shall be made, the Contractor shall clean and remove from the site and adjacent property, all surplus and discarded materials, rubbish, and temporary structures. The Contractor shall restore in an acceptable manner all property which, has been damaged during the execution of the work. The Contractor shall leave the site and vicinity unobstructed in a neat and presentable condition throughout the entire area. The contractor shall properly dispose, at its own cost, of any waste resulting from the work being performed in an approved facility at an approved site unless otherwise specified in this document. 2.23 E-VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. 2.24 VALUE ENGINEERING The City is open to any meaningful value engineering that would reduce the overall cost without compromising the integrity. Any innovative idea shall be included in the bid proposal. 2.25 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 19 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 shall perform work between the hours 7:00 AM and 7:00 PM Monday through Thursday and 7:00 AM – 5:00 PM on Fridays; and weekends with permission or as restricted by the local jurisdiction. Work outside these hours or on weekends and holidays is prohibited without permission from the City. 2.26 SHOP DRAWINGS The CONTRACTOR shall submit Shop Drawings for all fabricated structures, pipe asphalt mix. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Bid Project. The CITY ENGINEER'S approval of the Shop Drawings will be general and shall not relieve the CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by the CITY ENGINEER. Approval shall not relieve the CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. The CONTRACTOR shall keep one set of Shop Drawings marked with the CITY ENGINEER'S approval at the job site at all times. 2.27 WARRANTY The drainage system supplied and installed for this project shall be warranted to be free of defects for a period of one (1) year after completion of the project. 2.28 PUBLIC RECORDS LAW The City is 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. To the extent that Contractor has been provided access to or has received security sensitive information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential Information Acknowledgement and Agreement as part of the ITB process, Contractor shall keep and maintain the security sensitive information as confidential and exempt from public disclosures as required by Florida Statutes. 20 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’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. END OF SECTION 21 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 3.0 SCOPE OF SERVICE: The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County, Florida, is requesting bids from qualified Contractors (“Proposers”, “Bidders”, “Contractors”, or “Firms”) to replace two (2) existing vertical storm pumps with two (2) new larger capacity vertical pumps, to convert an existing generator room to house new pump controls, to install a new backup generator, which will need to be powered by a new gas service line, on the north side of an existing pumpstation building, to remove an existing bypass slide gate, to upgrade an existing building façade, and reconstruct the adjoining parking area. The project location is 19200 North Bay Road Sunny Isles Beach, FL 33160. Ongoing station and generator maintenance will also be required. 3.1 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 City, and shall be delivered to the City prior to pre-final inspection. 22 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 4 BID RESPONSE FORMAT 4.0 FORMAT Submittals shall be submitted in duplicate. Submit one (1) original, four (4) copies and one (1) electronic copy of the submittal on USB Drive. All required signatures shall be manual, in blue ink of an authorized representative who has the legal authority to bind the CONTRACTOR in contractual obligations. Each page of the bid should state the name of the CONTRACTOR, the bid number, and the page number. The City reserves the right to request additional data or material to support bid. All material submitted in response to the ITB will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format specifically addressing each criterion below: 1. Company Information In response to this Proposal, all Contractors must provide the following:  Name of Agency/Company (including any "Doing Business As" names)  Company Locations  Internet Web Site Address (if any)  Office address and telephone number, email address  Proof of insurance  Bidder must submit a copy of Florida Division of Corporations Sunbiz report with your company registered as active.  W9  Bonding Capacity Letter 2. Qualifications Proposer’s relevant experience, qualifications and past performance  An explanation of why the Contractor is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the Contractor meets or exceeds the requirements of this ITB.  Provide a brief introduction letter highlighting the overall experience and qualifications of the Respondent with respect to the services requested under this Solicitation. Project list demonstrating this minimum experience and shall include, at a minimum: the project, date of completion, base contract amount, number and amount of change orders, if any, the name, address, and phone number of the owner or owner’s representative familiar with the work. Specifically list any projects, either complete or underway, that are located in Miami-Dade, Broward or Palm Beach, Florida Counties.  Bidder must address the Minimum Qualification Requirements A – D, per Section 2.2 of ITB.