Active SLED Opportunity · FLORIDA · CITY OF HOMESTEAD

    Basin 11 Pump Station Force Main Project

    Issued by City of Homestead
    cityInvitation To BidCity of HomesteadSol. 264490
    Open · 15d remaining
    DAYS TO CLOSE
    15
    due Jun 18, 2026
    PUBLISHED
    May 15, 2026
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    237110
    AI-classified industry

    AI Summary

    City of Homestead seeks bids for the Basin 11 Pump Station Force Main Project involving installation of approximately 6,700 linear feet of force main using open cut and HDD methods. The project includes roadway restoration, traffic maintenance, and system commissioning. Bidders must meet bonding, insurance, and qualification requirements. Pre-bid meeting on May 21, 2026; bids due June 18, 2026.

    Opportunity details

    Solicitation No.
    264490
    Type / RFx
    Invitation To Bid
    Status
    open
    Level
    city
    Published Date
    May 15, 2026
    Due Date
    June 18, 2026
    NAICS Code
    237110AI guide
    Jurisdiction
    City of Homestead
    State
    Florida
    Agency
    City of Homestead

    Description

    The purpose of this Invitation to Bid (ITB) is to establish a contract, through sealed bids, for the construction and completion of the Pump Station 11 Force Main Project for the City of Homestead. The Project generally consists of the installation of approximately 6,249 linear feet of 12-inch C900 PVC force main and approximately 451 linear feet of 14-inch HDPE force main.

    The selected Contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to complete the Work in accordance with the Contract Documents. The Work includes, but is not limited to, installation of the 12-inch C900 PVC force main via open cut and 14-inch HDPE force main via horizontal directional drilling (HDD), together with all associated valves, fittings, structures, interconnections to the existing pump station and gravity sewer system, and all related appurtenances required for a complete and operable system.

    The Work shall also include maintenance of traffic (MOT), roadway milling and resurfacing, pavement restoration, site grading, landscaping restoration as required, erosion control, cleanup, testing, startup, and commissioning activities necessary to place the system into full operation.

    Upon completion of construction, the Contractor shall provide a fully tested and commissioned force main system meeting all requirements of the Contract Documents and acceptable to the Engineer and the City of Homestead.

    All Work shall be performed in strict accordance with the Contract Documents and shall include all materials, equipment, transportation, utilities, temporary facilities, permits, and ancillary services required to deliver a complete and operational project.

    The City of Homestead is an Equal Opportunity Employer and encourages participation by Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Disadvantaged Business Enterprises (DBE). Prime Contractors are encouraged to take affirmative steps to ensure participation by such firms as subcontractors and suppliers.

    Background

    The City of Homestead is undertaking improvements to Pump Station 11 and its associated discharge force main to enhance the reliability, capacity, and long-term performance of the City’s wastewater transmission system. The existing infrastructure requires significant upgrades to maintain required service levels, accommodate current and future system demands, and reduce the potential for operational failures and sanitary sewer overflows. To facilitate implementation, the City intends to complete the improvements in phases. The initial phase of the project will consist of upgrades to the Pump Station 11 discharge force main, while improvements to the pump station itself will be completed under a subsequent phase.

    The Force Main Project generally includes the installation of approximately 6,700 linear feet of new force main utilizing both open-cut construction and horizontal directional drilling (HDD) methods. Construction activities will occur within active public rights-of-way and developed urban areas, requiring careful planning and coordination to minimize disruptions to residents, businesses, and vehicular traffic.

    The Project also involves significant coordination with existing utilities and site constraints, including groundwater management, trench safety requirements, maintenance of traffic, and roadway restoration within constrained corridors. The Contractor will be responsible for sequencing construction activities and implementing appropriate quality control measures to ensure successful integration of the new infrastructure with the existing wastewater collection and transmission system.

    Upon completion, the City expects delivery of a fully operational, tested, and reliable force main system, along with complete restoration of all disturbed areas to equal or better than pre-construction conditions.

    Successful completion of the Project will improve the reliability and operational efficiency of the City’s wastewater infrastructure, reduce long-term maintenance and operational risks, and provide enhanced service resiliency while minimizing impacts to the surrounding community.

    Project Details

    • Reference ID: 202624
    • Department: Public Works and Engineering/lWater Distribution & Wastewater Collections Division
    • Department Head: Cairo Cangas (Director of Public Works and Engineering)

    Important Dates

    • Questions Due: 2026-06-12T21:00:00.000Z
    • Pre-Proposal Meeting: 2026-05-21T14:00:00.000Z — A NON-MANDATORY pre-bid conference will be held on the date and time listed above. in the Procurement & Contract Services Department conference room located at 450 SE 6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-bid conference. You may submit questions in writing to be received at least two (2) days prior to the pre-bid conference to: Xintia Rubio-Rojas, Senior Buyer, City of Homestead, 450 SE 6th Avenue, Homestead, FL 33030; via email at: bids@homesteadfl.gov A site inspection of the project location will be held immediately after the Pre-Bid Conference. Project address: 1401 SW 4th Street Homestead, FL 33030 **Site Inspection**: Any Bidder attending this site inspection is required to complete the Site Inspection Indemnity Form (see attachment) or bring a copy of their certificate of insurance evidencing statutory worker’s compensation coverage to the pre-bid meeting as these forms will be reviewed prior to anyone going to the Site Inspection. Bidders who do not supply this information will not be permitted to attend the site inspection. VIRTUAL ATTENDANCE OPTION - Microsoft Teams Meeting: Join: https://teams.microsoft.com/meet/268345474594157?p=0L9bdcPuU5N6IBMMs5 Meeting ID: 268 345 474 594 157 Passcode: Rv6kz2Ns ________________________________________ Dial in by phone +1 929-346-7292,,480168887# United States, New York City Find a local number Phone conference ID: 480 168 887#

    Evaluation Criteria

    • SOLICITATION INFORMATION:

      The City’s Procurement and Contract Services Department is the official source to obtain information relating to City of Homestead procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:

      Solicitation documents are available for download from the City's e-Procurement Portal ("Portal"):  https://procurement.opengov.com/portal/cityofhomestead

      You may also contact the Procurement and Contract Services Department at (305) 224-4620 or visit us during normal business hours, to obtain award information and other documents at:

      City of Homestead

      Procurement and Contract Services Department

      450 SE 6th Avenue

      Homestead, FL 33030

      Please remember, email notification is provided as a courtesy to our Respondents, but it is the Respondent's responsibility to check with the City of Homestead’s Portal at: https://procurement.opengov.com/portal/cityofhomestead for current solicitations and other procurement information.

      We appreciate your interest in doing business with the City of Homestead.

    • Basin 11 Pump Station Force Main Project

      The Contractor shall furnish all labor, materials, equipment, tools, supervision, and services necessary to construct, test, commission, and place into operation a complete and fully functional force main system. The primary objective of this Project is to successfully divert and convey wastewater flows from Pump Station 11 through the newly constructed force main system to the designated discharge point within the WWTP Influent Pump Station gravity collection system.

      The Work shall include, but not be limited to, the following:

      • Complete System Integration: The Contractor shall perform all pipeline installations, interconnections, tie-ins, modifications, testing, and utility coordination necessary to provide a complete and operable force main system ready for immediate service. 
      • Interpretation of Contract Documents: The Contractor shall be fully responsible for constructing the Project in strict accordance with the Contract Drawings, Specifications, and all other Contract Documents. The Contractor shall verify dimensions, field conditions, and utility conflicts as necessary to complete the Work. 
      • Incidental Work and Omissions: Any labor, materials, equipment, or incidental items not specifically identified in the Contract Documents but reasonably necessary to provide a complete, functional, and operational system shall be furnished and installed by the Contractor at no additional cost to the City. 
      • Final Performance Requirements: The Project shall not be considered substantially complete until wastewater flows from Pump Station 11 are successfully conveyed through the new force main system to the designated discharge location without leakage, structural deficiencies, operational issues, or hydraulic restrictions, as determined by the Engineer and the City. 

      The Project will require nighttime construction activities when necessary (such as, when transferring flows form the existing Force Main to the new Force Main, when working at primary intersections, etc.) to minimize service interruptions and impacts to the public. Night work hours shall generally occur between 8:00 p.m. and 6:00 a.m. and may include, but are not limited to, interconnection work associated with tying the new force main into the existing pump station discharge piping and the existing gravity sewer system. All interconnection activities and shutdowns shall be coordinated with the City in advance of the proposed tie-in dates.

      The City shall provide written authorization for work occurring outside of regular working hours.

      All improvements to be performed in accordance with the design and specification documents prepared by:

      HAZEN AND SAWYER

      999 PONCE DE LEON BLVD, SUITE 1150

      CORAL GABLES, FL 33134

       

    • FEDERAL PROVISIONS

      Proposers should be familiar with all statutory and regulatory requirements, including any waivers and alternative requirements may be issued in the Federal Register. Proposer shall comply with all applicable requirements of Federal provisions, which shall include, but not be limited to those items set forth below:

      Contract Provisions shall be made part of the agreement awarded through the solicitation. 

      Contract RemediesClean Air Act & the Federal Water Pollution Control Act
      Termination for Cause of ConvenienceDebarment and Suspension
      Equal Employment OpportunityByrd Anti-Lobbying Amendment
      Copeland Anti-Kickback ActProcurement of Recovered Materials
      Contract Work Hours and Safety Standards ActProhibition on Contracting for Covered Telecommunications Equipment or Services
      Rights to Inventions Made Under a Contract or AgreementDomestic Preferences for Procurements
      Access to Records Affirmative Socioeconomic Steps
      Changes & ModificationsCopyright
      Use of DHS Seal, Logo, and Flags2 CFR Part 200.318 through 200.327
      Compliance with Federal Law, Regulations, and Executive Orders 
      No Obligation by Federal Government 
      Program Fraud and False or Fraudulent Statements or Related Acts 

      2 CFR Part 200—

      Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as required by the provisions of 24 CFR Part 570.503 (b) (4) and 24 CFR Part 570.502.

      PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

      The procurement standards must be met in accordance with the following categories:

      • General procurement standards (2 C.F.R. Part 200.318).
      • Competition (2 C.F.R. Part 200.319).
      • Methods of procurement to be followed (2 C.F.R. Part 200.320).
      • Contracting with small and minority businesses, women’s business enterprises, and area labor surplus firms (2 C.F.R. Part 200.321).
      • Domestic preferences for procurements (2 C.F.R. Part 200.322).
      • Procurement of recovered materials (2 C.F.R. Part 200.323).
      • Contract cost and price (2 C.F.R. Part 200.324).
      • Federal awarding agency and pass-through entity review (2 C.F.R. Part 200.325).
      • Bonding requirements (2 C.F.R. Part 200.326).
      • Contract provisions (2 C.F.R. Part 200.327 and Appendix II).
      • Program administrative requirements (24 C.F.R. 570.489).
      • Recordkeeping requirements (24 C.F.R. 570.490).
      • Applicability of uniform administrative requirements (24 C.F.R. 570.502).
      • Records to be maintained (24 C.F.R. 570.506).
      • Public access to program records (24 C.F.R. 570.508).
      • Grant closeout procedures (24 C.F.R. 570.509).
    • INSURANCE REQUIREMENTS:

      These are mandatory insurance requirements, please be sure to fulfill each requirement listed below. All policies, endorsements, certificates and/or binders shall be subject to approval by the City’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by a duly authorized representative of the City. A lapse in any required insurance coverage during this Contract shall be considered a material breach. Further it is understood and agreed by Bidder that nothing in this provision shall waive or otherwise limit the right of the City to modify INSURANCE REQUIREMENTS to meet the demands of special or unique circumstances. Accordingly, those rights are expressly reserved by the City.

      The insurance obligations under this Contract shall be: all the insurance coverage and/or limits carried by or available to the Bidder or the minimum insurance requirements and/or limits shown in this Contract, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover obligations of the Bidder under this Contract.

      If evidence of insurance provided by Bidder does not comply with the requirements of this section, the City reserves the right but not the obligation to deem your Bid non-responsive.

      Throughout the term of this agreement and for all applicable statutes of limitation periods, Bidder agrees to have and maintain in full force and effect the insurance policies set forth in this article. All policies must contain an endorsement requiring minimum thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy or ten day notice for non-payment of premium.

      BIDDER EXPRESSLY AFFIRMS THAT IT HAS HAD THE OPPORTUNITY TO RECOVER THE COSTS OF THE INSURANCE REQUIRED IN ITS CONTRACT PRICE.

      1. All insurance policies shall be issued by insurers that are authorized to transact business in the State of Florida, and have an A. M. Best's financial and size rating of A-VIII or better.
      2. All insurance policies, except Property, Workers Compensation and Professional Liability (if applicable), shall name and endorse the following as additional insured: The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Bidder. The Commercial General Liability policy shall be endorsed with the ISO CG2010 Additional Insured endorsement (or similar endorsement or policy coverage form with coverage at least as broad as the ISO CG 2010) and the ISO CG 2037 Additional Insured – Completed Operations endorsement (or similar endorsement or policy coverage form with coverage at least as broad as the ISO CG 2037). As additional insured, the City shall be defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Bidder, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence. Bidder shall provide a copy of these policy forms or endorsements prior to project start and at any time upon City request.
      3. It is specifically agreed that the City of Homestead shall not be liable to the Bidder for any liability arising out of the performance of this Agreement. Bidder specifically waives any and all rights of recovery it may have against the City of Homestead, independent of any waiver of rights of recovery by any insurer. All insurance policies shall include a Transfer of Rights of Recovery Against Others to Us/Waiver of Subrogation in favor of the City.
        Bidder agrees to obtain any endorsement or policy coverage form that may be necessary to effect all waivers of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement or policy coverage form from the insurer.
      4. All insurance policies shall be endorsed to provide that (a) Bidder’s Insurance is primary and non-contributory to any other Insurance available to the City of Homestead with respect to claims covered under the policy and (b) Bidder’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable. Any policy including a self-insured retention (“SIR”) in the primary layer of liability in any amount must be submitted to and approved by the City’s Risk Management Department prior to risk approval.
      5. If the Bidder fails to submit the required insurance certificate(s) in the manner prescribed with the executed agreement submitted to the City and if not submitted with the executed agreement in no event exceed three (3) calendar days after request to submit certificate(s) of insurance, the Bidder shall be in default, and the Contract may be rescinded at the City’s sole discretion. Under such circumstances, the Bidder may be prohibited from submitting future solicitations to the City.
      6. Bidder shall carry the following types of insurance coverage whether products and/or services provided by Bidder to the City in connection with the performance of this Contract occur on City premises or not.
        1. WORKER'S COMPENSATION: As required by the State of Florida with the statutory limits, and include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy shall be endorsed with a “Waiver of Our Right to Recover From Others” endorsement which favors the City. A copy of NCCI Form WC 00 03 13 (or similar endorsement with coverage at least as broad as NCCI Form WC 00 03 13) issued by the insurer shall be required for risk review prior to project start and shall be provided by Bidder at any time upon request.
          If Bidder’s workers compensation program is part of an employee-leasing or co-employment arrangement where certain Statutory employees may be excluded from coverage, Bidder specifically agrees to indemnify, hold harmless, defend against and pay or reimburse the City for losses the City or its insurers may be obligated to pay to any natural person who is denied workers compensation benefits or employers liability coverage that arise out of or result from Bidder’s employee-leasing or co-employment arrangement.
        2. AUTOMOBILE LIABILITY: Bidder shall carry automobile liability insurance with minimum limits of One Million ($1,000,000) dollars, combined single limit per occurrence for bodily injury liability and property damage. The policy is to be written on ISO Form CA 00 01 covering any auto (Symbol 1) or if Bidder has no owned autos, covering hired (Symbol 8) and non-owned (Symbol 9) autos. Policies shall be endorsed to add the City of Homestead as Additional Insured and include a Waiver of Subrogation in favor of the City. Coverage must be primary and non-contributory to any other insurance available to the City of Homestead. Copies of the endorsements or policy forms reflecting these terms may be required for risk review and shall be provided by Bidder at any time upon request.
        3. COMMERCIAL GENERAL LIABILITY: Bidder shall carry Commercial General Liability Insurance for all on-going and completed operations of the Bidder, including all on-going and completed operations of all Bidder’s sub-contractors and shall include but shall not be limited to Contractual, Products and Completed Operations and Personal and Advertising Injury coverage with limits of not less than: One million ($1,000,000) dollars each Occurrence and for Personal and Advertising Injury coverage and two million ($2,000,000) dollars for Products – Completed Operations Aggregate and General Aggregate. The Commercial General Liability insurance policy must include but shall not be limited to the following listed Coverages: Coverage A – Bodily Injury and Property Damage Liability, Coverage B – Personal and Advertising Injury Liability, and Coverage C – Medical Payments. Coverage shall include but shall not be limited to coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed.
          Bidder’s Commercial General Liability insurance coverage shall be primary and non-contributory. For any claim related to this contract, this coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 – PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Bidder’s insurance and shall not contribute with it. Bidder shall provide a copy of this policy form or endorsement prior to project start and at any time upon City request.
          The Commercial General Liability policy shall be endorsed with the ISO CG 2503 Designated Construction Project(s) General Aggregate Limit endorsement or similar endorsement with coverage at least as broad as the ISO CG 2503 evidencing “City of Homestead- Removal and Replacement of Rapid Infiltration Trench” as the Designated Construction Project. Bidder shall provide copy of this policy endorsement prior to project start and at any other time upon request.
          The City’s Risk Management Department shall not accept an insurance policy that includes the ISO CG 21 39 CONTRACTUAL LIABILITY LIMITATION, the ISO CG 24 26 AMENDMENT OF INSURED CONTRACT DEFINITION or similar policy coverage forms or endorsements.
          The Commercial General Liability policy must be endorsed to add the City of Homestead as Additional Insured and include a Transfer of Rights of Recovery Against Others to Us / “Waiver of Subrogation” endorsement in favor of the City. Copies of these policy coverage forms or endorsements reflecting these terms may be required for risk review and shall be provided by Bidder to the City prior to project start and at any time upon request.
        4. COMMERCIAL EXCESS / UMBRELLA LIABILITY: Bidder shall carry and maintain minimum $1,000,000 per Occurrence and $1,000,000 Aggregate excess liability limits over underlying Commercial General Liability, Auto Liability and Employer’s Liability coverage as outlined above.
          A copy of the Additional Insured and Transfer of Rights of Recovery Against Others to Us / “Waiver of Subrogation” policy coverage forms or endorsements may be required for risk review prior to project start and shall be provided by Bidder at any time upon request. 
        5. ENVIRONMENTAL IMPAIRMENT/POLLUTION LEGAL LIABILITY: Bidder shall carry and maintain environmental impairment / pollution legal liability insurance for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under the Agreement, or which arises out of, or in connection with the Agreement, including but not limited to coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage (including but not limited to loading and unloading) and non-owned disposal site coverage. Coverage shall extend to defense costs and expenses incurred in the investigation, civil fines, penalties and damages or settlements.
          The City and City’s members, officials, officers and employees shall be included as additional insureds on the policy. Bidder shall provide copy of this policy endorsement or policy coverage form evidencing additional insured status prior to commencement of services and at any time thereafter upon request.
          The minimum limits to be maintained by Bidder (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 Each Claim or Occurrence and $1,000,000 Annual Aggregate.
          Coverage must either be on an Occurrence basis or, if on a Claims-Made basis, the coverage must respond to all claims reported within five years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. If coverage is provided on a Claims-Made basis, evidence of insurance must include the policy retroactive date.
          A copy of the policy and any policy endorsement may be required for risk review prior to project commencement and shall be provided to the City at any time upon request.
        6. PROPERTY IN THE COURSE OF CONSTRUCTION: Bidder shall provide, in a policy acceptable to the City as outlined herein, Builder’s Risk / Installation Floater insurance coverage covering all construction, additions, machinery and equipment included in the project, including that which is tangible personal property purchased directly by the City.
          In addition to the Bidder, City as Owner, Subcontractors and its Sub-Subcontractors of any tier shall also be included as insureds. If named or additional insured status is not available to City under the policy, policy shall be endorsed to show City as loss payee.
          Coverage shall be provided on an "All Risk" (i.e., Special Form) basis, and shall include coverage for but shall not be limited to: theft, windstorm, hail, flood, and earth movement (including sinkhole and earthquake). Subject to any sub-limits applicable to flood and earth movement, the amount of insurance (valuation basis) shall be the Accepted Project Bid Amount of the Project when completed.
          Coverage shall not be subject to any restriction with respect to occupancy or use by the City and, subject to forty-five (45) days' prior written notice to the Owner, shall remain in full effect until final acceptance by the City.
          The maximum deductible for the perils of windstorm, hail, flood, earth movement (including sinkhole and earthquake) and all other perils shall be determined by City Risk Management prior to Project commencement.
          Except with respect to damage or loss to tangible personal property which meets the criteria in Rule 12A-1.094(4)(b)1-4, F.A.C. to determine if City is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat., Bidder shall be solely responsible for that portion of Covered Loss under the deductible applicable to the Builder’s Risk required by this Subsection.
          Except with respect to City retaining the risk of loss for damage or loss to tangible personal property which meets the criteria in Rule 12A-1.094(4)(b)1-4, F.A.C. to determine if City as Owner is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat., the risk of loss shall remain with Bidder until the date of Final Completion. City shall retain the risk of loss for damage or loss to tangible personal property which meets the criteria in Rule 12A- 1.094(4)(b)1-4, F.A.C. to determine if City is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat.
          To the extent collectible from the insurance provided by Bidder pursuant to this Subsection, Bidder and City respectively waive any and all claims against each other, and their respective members, officials, officers and employees, for loss or damage to their respective property. Bidder shall require all Subcontractors and Sub-subcontractors to waive, to the extent collectible under the insurance provided by Bidder pursuant to this Subsection, any and all claims against City, and its members, officials, officers, employees, for loss or damage to Subcontractors or Sub-subcontractors property. If City has agreed by contract to obtain waivers of subrogation in favor of a design professional, Bidder also waives, to the extent collectible under the insurance provided by Bidder pursuant to this Subsection, any and all claims against the design professional, and its members, officials, officers and employees, for loss or damage to Bidder’s property. If City has agreed by contract to obtain waivers of subrogation in favor of a design professional, Bidder shall require all Subcontractors and Sub-subcontractors to waive, to the extent collected under the insurance provided by Bidder pursuant to this Subsection, any and all claims against the design professional, and its members, officials, officers, employees, for loss or damage to Subcontractors or Sub-subcontractors property. The policy or policies of insurance provided by Bidder pursuant to this Subsection shall permit such waivers and shall include waivers of subrogation by endorsement or otherwise.
          As evidence of compliance with the insurance required by this Subsection, the Bidder shall, prior to Project start, furnish the City with a fully completed Evidence of Builder’s Risk ACORD Form 28 or other evidence satisfactory to City Risk Management.
      7. Bidder shall be solely responsible for ensuring that all vendors and/or independent or sub-contractors (“sub-contractors”) also comply with the insurance requirements, terms, conditions, limits and related criteria as outlined above and shall specifically require Commercial General Liability, Auto Liability and Florida Workers Compensation coverage from any sub-contractor utilized by Bidder.
      8. BIDDER’S PROPERTY: Bidder and its subcontractors, if any, are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the City of Homestead.
      9. Bidder shall provide of the City of Homestead’s Contract Administrator/Buyer with a copy of the certificate(s) of insurance and endorsements evidencing the types of insurance and coverage required in this Section within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Contract and, at any time thereafter, upon request by the Contract Administrator/Buyer. It is the BIDDER’S responsibility to ensure that the Contract Administrator/Buyer is provided with evidence of current insurance on file with the City during the term of this Agreement, or longer as may be required herein.
      10. Bidder's Insurance Policies shall be endorsed to provide the City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits or ten days for non-payment of premium. Notice shall be sent to:
        City of Homestead
        Attn: Procurement & Contract Services Department
        450 SE 6th Avenue
        Homestead, FL 33030
      11. At any time while this Agreement is in force, if any of the Bidder's insurance policies is written on a Claims-Made coverage form, then Bidder shall maintain such insurance coverage for a period of FIVE (5) years after the expiration or termination of this agreement (including any and all extensions and/or renewals) OR provide City with an Extended Reporting Period endorsement with a minimum term of no less than FIVE (5) years, as evidence of the City’s ability to present a claim(s) past the expiration of the Claims Made policy(ies), which arise from work performed under this Bid during any Claims Made policy period.
      12. If any of Bidder's Insurance policies (1) includes a general aggregate limit and (2) provides that claims investigation and/or legal defense costs and/or expenses are included within the policy’s general aggregate limit, the general aggregate limit of said policy(ies) shall be no less than five (5) times the per occurrence limit as specified above in this Section.
      13. The provisions of this Section shall survive the expiration or termination of this agreement.
      14. PAYMENT: If any of the insurance policies required under this Section lapse during the term of this agreement or any extension or renewal of the same, Bidder shall not receive payment from the City until such time that the City has received satisfactory evidence of reinstated coverage of the types and coverage specified in this Section that is effective as of the lapse date. The City, in its sole discretion, may terminate the Agreement immediately and no further payments shall be due to Bidder.
      15. RENEWAL OF INSURANCE: Bidder shall be responsible for assuring that the insurance certificate/ endorsements required in conjunction with this section remains in force for the duration of the Contract term. If the insurance certificate/endorsements are scheduled to expire during this period, Bidder shall be responsible for submitting a new or renewed insurance certificate/ endorsements to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate(s) evidencing acceptable insurance coverage which covers the Contract term, the City may suspend this Agreement until such time as the new or renewed certificate/endorsements evidencing acceptable insurance coverage are received by the City.
      16. MINIMUM COVERAGE: Insurance coverage in the minimum amounts set forth herein shall not be construed as to relieve Bidder of liability in excess of such coverage, nor shall it preclude or otherwise limit the City from taking other action(s) as may be available under any other provision(s) of this Agreement or otherwise in law or equity. 
      17. CONFLICT: In the event that a conflict arises between the provisions of any agreement, contract or understanding that arises out of this Bid and this Section, the provisions of this Section shall control and prevail.
      18. DISCLOSURE OF INFORMATION: Bidder agrees that the City may disclose the name and contact information of its insurers to any third party which presents a claim against the City for any damages or claims resulting from or arising out of work performed by the Bidder, its agents, employees, servants or subcontractors in the performance of this contract. 
      19. RELAXATION OR SUSPENSION OF INSURANCE REQUIREMENTS: If, in the opinion of the City, full compliance with the insurance requirements in this Section is not commercially practicable for the Bidder, and would not be commercially practicable for most other Bidders qualified to perform the Project or Work, at the written request of the Bidder, the City may, in its sole discretion, and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Bidder. As a condition to any such relaxation of the insurance requirements, City may require Bidder to provide the City with written evidence satisfactory to the City that full compliance with the insurance requirements is neither commercially practicable for the Bidder, nor commercially practicable for most other Bidders qualified to perform the Work. Any such modification shall be subject to the prior written approval of the City, and subject to the conditions of such approval. 
      20. SUBSEQUENT AGREEMENTS: The requirements of this Section shall extend to any subsequent written agreement which results from this ITB and shall represent the City’s minimum insurance requirements. Bidder understands and agrees that the insurance requirements may be updated or amended at the sole discretion of the City’s Risk Manager in any subsequent agreement executed which is subject to this ITB based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
    • BID TABULATIONS:

      Bid tabulations are posted on the City website at: https://procurement.opengov.com/portal/cityofhomestead.

    • Coordination for Pump Station Shutdowns Necessary to Complete Tie-Ins and Flow Transfers

      City Coordination Requirements

      Advance Written Notice: The Contractor shall submit a formal written shutdown request to the City Water & Sewer Division a minimum of fourteen (14) calendar days prior to any proposed tie-in, shutdown, or flow transfer activity.

      Coordination Meeting: A mandatory pre-shutdown coordination meeting involving the Contractor, City Water & Sewer Division Operations staff, and the Engineer of Record shall be conducted no less than forty-eight (48) hours prior to the scheduled shutdown.

      Authorized Operations Only: Under no circumstances shall the Contractor operate City-owned valves, pumps, electrical equipment, or control systems. All valve manipulations, pump station shutdowns/startups, and operational control activities shall be performed exclusively by authorized City personnel.

      Scheduled Shutdown Window: The Contractor shall anticipate that all tie-ins and flow transfer operations associated with transitioning flows from the existing transmission system to the proposed force main shall be performed during designated low-flow periods, generally between 12:00 AM and 5:00 AM, unless otherwise directed by the City. The Contractor shall also account for potential adverse weather conditions that may impact the planned shutdown activities. The City reserves the right to cancel or postpone any scheduled shutdown within twenty-four (24) hours of the planned operation due to inclement weather or operational concerns. In such instances, the City shall bear no responsibility for costs incurred by the Contractor associated with mobilization, demobilization, standby time, or rescheduling of work activities.

      Pumping & Hauling Contingency Requirements: Provided the work is properly planned and coordinated, the anticipated tie-ins to the existing pump station and gravity collection system are expected to be completed within one (1) to two (2) overnight shutdown periods, depending on crew size, sequencing, and equipment availability. Should the Contractor determine that the work cannot be completed within the allowable shutdown duration, the Contractor shall provide all necessary bypass pumping, temporary pumping, hauling, storage, or other contingency measures required to maintain continuous and uninterrupted wastewater conveyance beyond the permitted shutdown period. All costs associated with such contingency measures shall be borne solely by the Contractor.  If bypass pumping, hauling, or other temporary conveyance measures are proposed or deemed necessary by the Contractor, a comprehensive bypass and contingency plan shall be submitted to the City for review and approval prior to implementation.

      Restoration of Service: Tie-in activities shall not be considered complete until Pump Station 11 has been successfully restarted by City personnel, wastewater flows have been verified as being conveyed through the newly constructed force main system, and the existing transmission facilities have been safely isolated or taken out of service in accordance with the Contract Documents and approved plans.

    • EXCEPTIONS TO SPECIFICATIONS:

      Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to these Sections may be cause for the bid to be considered non-responsive.

      Taking an exception to any of the Terms and Conditions or Sections other than Technical Specifications may, depending on the item, cause your response to be deemed non-responsive and not considered for award.

    • NO BID:

      If not submitting a bid, respond by returning an original copy of Bid Form, marking it “No Bid,” and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier’s name from the bid mailing list. NOTE: A Bidder, to qualify as a respondent, must submit a “no bid” and same must be received no later than the stated bid opening date and hour.

    • SITE INSPECTION:

      Prior to submitting the bid, the bidder is required to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions.

      A site inspection of the project location will be held immediately after the Pre-Bid Conference.

      Any Bidder attending this site inspection is required to complete the Site Inspection Indemnity Form (see attachment) or bring a copy of their certificate of insurance evidencing statutory worker’s compensation coverage to the pre-bid meeting as these forms will be reviewed prior to anyone attending the Site Inspection. Bidders who do not supply this information will not be permitted to attend the site inspection.

    • BILLING INSTRUCTIONS:

      Invoices, unless otherwise indicated, must show the purchase order number and respective Bid number and shall be submitted to the City of Homestead (100 Civic Court Homestead, FL 33030) with the requesting Department labeled on the mailing envelope.

    • PROJECT LOCATION:

      1401 SW 4th Street Homestead, FL 33030

    • TAXES:

      The City of Homestead is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order.

    • EQUIVALENTS:

      If Bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer.

      Brand Names: Catalog numbers, manufacturers’ and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 

      Bidder shall indicate on the Bid Form the manufacturer’s name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.

      Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form.

      Manufacturer’s name, brand name and model number may have been used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is no way intended to prohibit the bidding of other manufacturer’s items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal.

    • BID BOND:

      All bids must be accompanied by a Bid Bond in the amount of 10% of the total bid submitted, to be in the form of a Cashier’s Check (which shall be tantamount to a Bid Bond) made payable to the City of Homestead; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The Bid Bond must be fully executed, signed by both the Bidder and the surety, and must be uploaded in the designated submittal section at the time of bid submission. The bond of all unsuccessful bidders will be returned after bid award. The Bidder shall not withdraw their Bid after Bid Opening for the period stipulated as the Bid guaranty period. Bidders will give these assurances that all bids offered will be held open and are not revocable for lack of consideration during the time stipulated herein.

      2.5.1 Attorneys-in-fact, who sign the Bid Bond, Performance Bond and Payment Bond, must file with such Bonds, certified copies of their current power of attorney to sign such Bonds. All Bonds must be countersigned by an agent of the Surety licensed in the state of Florida, with a copy of the agent's current identification card, as issued by the State of Florida Insurance Commissioner, attached thereto. 

    • PAYMENT AND PERFORMANCE BOND:

      If the contract award amount exceeds $200,000.00, a Performance Bond and Labor and Material Payment Bond will be required and will be issued within ten (10) days upon issuance of a notice to proceed in the form(s) required herein, and written by a surety licensed in Florida and acceptable to the City. Bidder shall provide evidence of sufficient bonding capacity with its Bid in the form required herein. Failure to provide such evidence may result in rejection of the Bid.

      A Performance Bond/Payment Bond that does not conform to the City’s form may not be accepted. The Surety Company shall be acceptable to the City and must be authorized to do business in the State of Florida. The Performance and Payment bonds from the bidder shall name the City as an obligee. BIDDERS THAT CANNOT PROVIDE EVIDENCE OF THE CAPACITY FOR BONDING IN THE MINIMUM AMOUNT OF THE BID PRICE AT THE TIME OF BID SUBMISSION MAY NOT BE CONSIDERED RESPONSIVE OR OTHERWISE QUALIFIED TO PERFORM THE PROJECT PURSUANT TO THIS BID. SUFFICIENT EVIDENCE OF SUCH MUST BE PROVIDED BY THE BIDDER PURSUANT TO THIS BID AT THE TIME OF BID SUBMISSION. City reserves the right in its sole discretion to determine the sufficiency of such evidence of Bidder’s bonding capacity.

      2.6.1 The Performance Bond shall be conditioned so that the contractor performs the Contract in the time and manner prescribed in the Contract, including the obligation to cure any and all defects in the Work, including latent defects, with in the time period allowed by section 95.11(3)(c), Florida Statutes. The Payment Bond shall be conditioned so that the contractor promptly make payments to all persons who supply the contractor with labor, materials, supplies, and equipment used directly or indirectly by the contractor in the prosecution of the work provided for in the Contract. The bonds shall provide that the surety be obligated to an amount not exceeding the penal sum of each bond, together with interest at the maximum rate allowed by law, and shall further indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said Contract which the City may be required to make under the law. 

      2.6.2 Pursuant to the requirements of Section 255.05. Florida Statutes, it shall be the duty of the contractor to record the aforesaid Payment Bond in the public records of Miami-Dade County, with the contractor to pay all recording costs, and to deliver a certified copy thereof to the City prior to the commencement of any construction. Bidder acknowledges that notwithstanding the provisions of the Bid Documents, the Contract, or any “prompt payment” laws to the contrary, City shall not be obligated to make any payment to the contractor unless and until contractor complies this this section.

    • MISTAKES:

      Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder’s risk.

    • REFERENCES:

      Each Bid should be accompanied by a list of references (minimum of six [6]) for clients or government organizations for which the Bidder is currently furnishing or has previously furnished similar products or services. The reference list should include, the name of the company, a contact person, telephone number, email address, Purchase Order or Contract Number.

      The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data.

    • CONDITIONS AND PACKAGING:

      It is understood and agreed that any item offered or shipped as a result of this bid shall be latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

    • WARRANTY/GUARANTEE:

      The successful bidder will be required to warranty/guarantee all work performed. The warranty/guarantee that the vendor is offering shall be described in detail and submitted with their bid.

      Only manufacturer’s authorized parts or approved equal shall be used in the equipment repairs. All parts used must be new. Whenever parts are to be replaced, the Contractor shall ensure that all warranty conditions are maintained. Parts and labor shall be warranted for a minimum period of one (1) year from date of installation, and the contractor shall maintain a record of all warranted parts.

      If Contractor finds a piece of equipment that appears to be under manufacture warranty and recognizes that it may not be maintenance by a Third-Party. It is the Contractors responsibility to list it and bring it to the attention of the Project Manager.

    • QUALITY:

      All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship.

    • CANCELLATION:

      RESERVED

    • BIDDER QUALIFICATIONS:

      Bidders are expected to submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. A Company Profile should be submitted, including sufficient documentation and relevant information demonstrating that the Bidder meets the following qualifications: Maintains a permanent place of business [i.e. length of time in business]; Has technical knowledge and practical experience included in this scope of work [i.e. any certifications, or training that you company goes through, along with years of experience using these products or providing these services, Resume and experience of those individuals who will be assigned to this project as Project Manager and/or Project Team; Has available the organization and qualified manpower to do the work [i.e. number of employees, size of warehouse, office, location]; Has adequate financial status to meet the financial obligations incidental to the work; Has not had just or proper claims pending against him or his work; Has installed and serviced similar type, size and complexity of such project, evidence will consist of listing the nature of work for each of the last five (5) years. List of any pending or past litigation including all its principals and officers with the City. 

      2.9.1 A Bidder must hold at the time of bid submission: A current valid certificate, as listed below, qualifying the Bidder to perform the work contemplated by these Contract Documents. Failure to hold the appropriate certificate at the time this Bid is submitted shall render the Bid non-responsive. The State of Florida Construction Industry Licensing Board, pursuant to the provisions of Section 489.115 of the Florida Statutes If Bidder is a joint venture, the joint venture entity, of whatever nature or qualifications, must be qualified as a separate and distinct entity, as required by the rules of the State of Florida Department of Professional Regulations. Joint Venture Bidders not otherwise qualified as set forth above may submit Qualifications if they have initiated the process with the Florida Construction Industry Licensing Board and have received a letter from the Department of Professional Regulations (DPR) attesting that they have satisfied the requirements of The State of Florida Department of Professional Regulations pertaining to the Qualifications of Joint Ventures. Such letters must be submitted with the Bid.

      2.9.2 Florida Contractor License is required.

      2.9.3 Failure to comply with the provisions of this Section 2.9 at the time this bid is submitted, may render the Bid non-responsive. 

    • PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:

      If the Bidder is awarded a contract under this bid solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the Bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term.

    • PRODUCT/CATALOG INFORMATION:

      All Bidders must submit catalog information on the product(s) and/or unit(s) they propose to furnish if awarded this Contract. Failure to submit such information will result in rejection of your Bid.

      All Bids that include substances found on the current Florida Toxic Substance List must be submitted with a Material Data Sheet, in accordance with applicable Florida Statutes. 

    • COMPLETE PROJECT REQUIRED:

      These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any item or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project.

    • BID SUBMITTAL & FORMS:

      Other forms to be included with your submission include the following: Americans with Disability Nondiscrimination Statement, Business Entity Affidavit/Conflict of Interest, Certification regarding Debarment, Drug-Free Workplace Program Affidavit, Scrutinized Companies, E-Verify, Sworn Statement, Performance Surveys, Social Security Collection, W-9, Affidavit Attesting to Non-Coercive Conduct for Labor or Services, Affidavit regarding Prohibition on Contracting with Entities of Foreign Countries of Concern, Small & Minority Business Enterprise, Certification regarding Lobbying, Protest Procedures and minimum of three Reference Questionnaires completed by refences, and all required product information and any other items as indicated in this Section or any part of this Invitation to Bid. Bids may be deemed non-responsive if a form is considered material to the bid and not submitted by the specified due date. Additionally, bids may be rejected for failure to include any other required documentation identified in this section, elsewhere in the Invitation to Bid, or in any issued Addenda. 

      1. AMERICANS WITH DISABILITIES ACT OF 1990: 
        Equal Opportunity for Individuals with Disability 
        The Contractor and the City of Homestead, (hereafter “owner”) shall agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this Contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this Contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this Contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. 
        The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. 
        It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this Contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. 
        It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
      2. BUSINESS ENTITY DISCLOSURE STATEMENT/CONFLICT OF INTEREST: 
        Bidder or Vendor hereby recognizes and certifies that no elected official, board member, or employee of the City shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent, domestic partner, stepmother, stepfather, or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder or as defined by Miami Dade County. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Vendor or Bidder. Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City Manager upon advice of the City Attorney. Further, Bidder or Vendor recognizes that with respect to this transaction or Bid, if any Bidder or Vendor violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder or Vendor may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to City. Bidder or Vendor must complete and execute the Business Entity Affidavit form. The terms "Bidder" or "Vendor," as used herein, include any person or entity making a proposal herein to City or providing goods or services to City.
      3. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS: 
        The Bidder certifies by submission of the Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the City of Homestead, Miami-Dade County, the State of Florida or Federal Government. Further, Bidder certifies that it has divulged, in its Bid response, information regarding any of these actions or proposed actions with other governmental agencies. 
        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 to provide any goods or services to a public entity, may not submit a Bid to 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 36 months from the date of being placed on the convicted vendor list. 
        The awarded Bidder or any subcontractor shall not employ any persons with multiple felonies and / or crimes against children. The awarded Bidder must provide documented proof of efforts to comply with this requirement. The City may declare any noncompliance or lack of diligent effort by the awarded Bidder to comply as a breach of contract and immediately terminate the services of the awarded Bidder.
      4. DRUG-FREE WORKPLACE AFFIDAVIT: 
        In the event of identical tie low Bids, preference shall be given to businesses with drug-free workplace programs. Bidders with such programs shall complete and submit the attached form with Bid. 
        All persons and entities that contract with City of Homestead are required to certify that they will maintain a drug-free workplace and such persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace.
      5. SCRUTINIZED COMPANIES FORM: 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 this Agreement 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.
        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 terminate this Agreement 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 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.
        The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement.
        As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative.
      6. E-VERIFY: In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein.
      7. PUBLIC ENTITY CRIMES (PEC): 
        A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes 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 or real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
      8. PERFORMANCE SURVEYS: 
        The City conducts monthly, quarterly and post project performance surveys for vendors whom are awarded Bids and contracts. Surveys will be sent to the user-departments and will be used as a monitoring device to gauge performance and to utilize when awarding or renewing contracts.
      9. NOTIFICATION OF SOCIAL SECURITY NUMBER COLLECTION AND USAGE: 
        In compliance with Florida Statutes §119.071(5), the City of Homestead Procurement & Contracts Department collects and uses your Social Security number in performance of the City’s duties and responsibilities. 
        A Social Security number is only used for legitimate employment business purposes in compliance with completing a Vendor Application in lieu of a Federal Employer Identification Number (FEIN).
      10. W9 FORM: 
        Bidder shall provide a completed W9 tax form which certifies an individual's tax identification number. A tax identification number (TIN) is the Social Security number of an individual or the Employer Identification Number of a business, fiduciary or other organization. This form must also be present in a brokerage account's files to avoid backup withholding by the IRS.
      11. NONCOERCION AFFIDAVIT: In accordance with Section 787.06, Florida Statutes, the City requires all vendors executing, renewing or extending a contract with the City to execute the required City affidavit, attesting that vendor does not use coercion for labor or services.
      12. CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED: In accordance with Section  287.138, Florida Statutes, each bidder, respondent, proposer, or vendor, is required to properly complete, execute and submit to the City the attached Affidavit which is required by the statute.

         

        2.11.1  LICENSING:

        Bidder(s) shall submit, with their Bid, a copy of their valid occupational/business license and State registration [Florida State Registration can be located and printed at www.Sunbiz.org]. Bidder must also submit certificates of competency, licenses or any other certification necessary to complete the Contract. Bidders must be in good standing and authorized to transact business in the State of Florida. Must not be listed in the System for Award Management (SAM) as an excluded party. In addition, all licenses required for Bidders whose businesses and professions are regulated by the Florida Department of Business and Professional Regulation must be active and current.

        2.11.2  ALTERNATE BID DOCUMENTS:

        Documents prepared by the City must be used for the submission of the Bid response. Alternate bids or bids that deviate from the requirements of this solicitation will not be considered. Bidders shall not insert in their submission any written statement which will have the effect of making any material change or changes in the Scope of Services or in any contract between the parties covering the subject matter thereof.

        2.11.3 TRENCH SAFETY ACT COMPLIANCE FORM

      Bidder acknowledges that the Florida Trench Safety Act, Florida Statutes Section 553.60 et seq. (“Trench Safety Act”), effective October 1, 1990, shall be in full force and effect during the construction period of this Project. By signing and submitting its Bid, Bidder certifies that any trench excavation performed under this Contract will be completed in accordance with all applicable trench safety standards.

    • SUBCONTRACTORS:

      All successful Bidders/respondents on City contracts in which subcontractors may be used shall provide a detailed statement of their policies and procedures for awarding subcontracts which:

      1. Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract;
      2. Invites local subcontractors to submit bids in a practical, expedient way;
      3. Provides local subcontractors’ access to information necessary to prepare and formulate a subcontracting bid;
      4. Allows local subcontractors to meet with appropriate personnel of the Bidder to discuss the Bidders requirements; and
      5. Awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Bidders stated objectives.
        All Bidders/respondents seeking to contract with the City shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide the required statement shall preclude the Bidder/respondent from receiving the contract. 

      2.12.1 Prospective Bidders need to furnish a list at time of Bid of all sub-contractors to be used during the construction of this project. The City of Homestead reserves the right to approve or disapprove any sub-contractor on the basis of the responses to the requirements listed below during the term of this contract. The prime contractor must maintain and furnish a current list (to the City's Project Manager) of the following information for each sub-contractor and notify the City of any changes to this information during the term of this contract:

      1. Sub-Contractor
        1. Company Name: 
          Company Contact Person:
          Address: Phone:
          Fax:
          E-mail: 
        2. Proof of experience related to the type of work to be performed (last five years). 
        3. List of references from projects (up to five years in the past) and contact information of such.
        4. List of any pending litigation the sub-contractor and all its principals and officer is a party to and any litigation they’ve been involved in during the past five years.
        5. List of any pending or past litigation with the City.
        6. List of any safety or environmental citations/violations the contractor has received in the past five years.
    • PRICES QUOTED:

      Bidder should deduct trade discounts and quote firm net prices and give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. / C.I.F. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s).

    • UNDERWRITERS’ LABORATORIES:

      Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination listing where such has been established by UL for the item(s) offered and furnished.

    • FAILURE TO EXECUTE:

      Failure by the Bidder to whom the Contract has been awarded, to execute and deliver the required documents and/or other applicable forms, and to furnish the Performance and Payment Bonds, and to furnish satisfactory evidence of all insurance coverage within ten (10) calendar days after the award letter is presented to Bidder for execution, may result in the annulment of the award and the forfeiture of the bid guarantee to the City, which forfeiture shall be considered not as a penalty but in liquidation of damages sustained by the City. Award may then be made to the next lower responsive and responsible Bidder or all remaining Bids may be rejected, and the Contract may be re-advertised.

    • AMERICAN MADE:

      The City Council of Homestead, acting in session on June 20, 1983, adopted Resolution No. 83-06-21 which states, “That it is the intent and policy of the City Council of the City of Homestead, Florida, that the needs of the City of Homestead for supplies, materials and equipment be met using only those supplies, materials and equipment manufactured in the United States of America when same are available and when the price of same and the bid of same is consistent with the bidding procedures of the City Code of the City of Homestead.”

    • TERM OF CONTRACT:

      This Contract shall commence the day after date of award by the City Council of Homestead, Florida (the “City Council”), unless otherwise stipulated in the Notice of Award Letter and/or Notice to Proceed, which is distributed by the Procurement & Contract Services Director. The Contract shall remain in effect through successful job completion.

    • METHOD OF AWARD:
      1. The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous and of best value to the City of Homestead. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the methods described below. Tie Bids will be decided as described in General Conditions.
      2. Responsible Vendor Determination: Proposer/Bidder is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.
      3. Bidder must bid on all items listed in Section 7. Pricing, to qualify for award of the contract. Bid will be awarded on an all or nothing basis.
      4. The City reserves the right to reject all bids or any portion of any bid it deems necessary to serve the best interest of the City, to accept any item or group of items unless qualified by the Bidder, to acquire additional quantities at prices quoted in Section 7. Pricing. All awards made as a result of this bid shall conform to applicable Florida Statutes.
      5. Bid prices should be submitted with the understanding that the City of Homestead is not authorized to pay service charges, which may be imposed due to the late payment of an invoice, which has become delinquent.
      6. The City shall award a contract to a Bidder through action taken by the City of Homestead City Council at a duly authorized meeting. Acceptable bids which are for an amount not exceeding $100,001 will not have to go through Council and may be awarded by the City Manager or the Procurement & Contract Services Director. This action shall be administratively supported by a written award of acceptance and the issuance of a Purchase Order, mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party.
      7. The General Terms and Conditions, the Special Conditions, the Technical Specifications, Addenda, the Bidder’s Proposal, and the Purchase Order are collectively an integral part of the contract between the City of Homestead and the successful Bidder.
      8. While the City Council may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in Section 2 of this bid. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement and Contract Services Director, will void its acceptance of the Bidder’s offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year.
      9. The Term of the Contract shall be stipulated in the Notice to Proceed, which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Notice to Proceed, the Bid shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods.
      10. The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declares the Bidder to be in default of its contractual obligations and award to the next low Bidder or seek a new Bid Solicitation. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting the future Bids for a period of one year.
      11. The City reserves the right to automatically extend this contract for a maximum period not to exceed one hundred and twenty (120) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to the Bid Offer Form, the Bidder hereby acknowledges and agrees to this right.
      12. The City of Homestead reserves the right not to award a contract to, or to reject bids from vendors that are currently in litigation with the City of Homestead or as a result of any prior lawsuits.
    • NON-CONFORMANCE TO CONTRACT CONDITIONS:

      Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at vendor’s expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the Bidder. Any violation of these stipulations may also result in:

      1. Vendor’s name being removed from the vendor list. 
      2. All departments being advised not to do business with vendor.
    • AVAILABILITY OF FUNDS:

      It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this contract.

    • DISPUTES:

      In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties.

    • PAYMENT:

      Refer to Article 10 - Special Provisions for Construction Contract, attached herein.

    • LEGAL REQUIREMENTS:

      Federal, state, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility.

    • INSPECTION, ACCEPTANCE & TITLE:

      Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at Bidder’s expense.

      NOTE TO VENDORS DELIVERING TO WAREHOUSE:
      Receiving hours are Monday through Friday, excluding holidays, from 7:00 a.m. to 3:30 p.m. The warehouse is located at 450 S.E. 6 Avenue, Homestead, FL, 33030.

    • PATENTS AND ROYALTIES:

      The Bidder, without exception, shall indemnify and save harmless the City of Homestead, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Homestead, Florida. If the Bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

    • COMPLETION TIME:

      Final completion shall be achieved 210 calendar days inclusive of days, nights and weekends, but exclusive of recognized holidays from issuance of Notice to Proceed (NTP).

      Substantial Completion shall be achieved within 180 calendar days.

      The liquidated damages specified in paragraph 2.20 LIQUIDATED DAMAGES below shall apply. The project shall not be deemed to be complete until such time as the work has been completed in accordance with specifications enumerated herein. Completed work shall be subject to the inspection and approval of the Project Manager.

    • OSHA:

      The Bidder warrants that the product supplied to the City of Homestead, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Bidder responsible for same.

    • SUBSTANTIAL COMPLETION:

      Substantial Completion is the stage when the Work in accordance with the approved plans and specifications are complete, certified by the Architect/Engineer of the record as complete, so that the work can be used for its intended purpose. At this point, all essential components of the system must be operational, testing and inspections have been successfully completed, minor corrective work, final adjustments or punch‑list items remain unfinished, and the project warranty period commences. Failure to meet the Substantial Completion date, it is understood that liquidated damages will be assessed in the amount of $2,667.00 for each calendar day after the specified date.

    • ANTI-DISCRIMINATION:

      The Bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin.

    • FINAL COMPLETION:

      Final Completion shall be achieved within 30-days of the date of Substantial Completion, in which point the punch list items have been addressed, project is fully constructed in accordance with the plans, specification meeting all applicable regulatory requirements and all the regulator permits are closed. At this stage, every punch‑list item has been corrected, all testing and inspections have been successfully completed, and all required signed and sealed as-built, warrantee documentation has been submitted and accepted. Failure to meet the Final Completion date, it is understood that liquidated damages will be assessed in the amount of $667.00 for each calendar day after the specified date.

    • DEFAULT:

      In the event of default on a contract, the successful Bidder shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.

    • LIQUIDATED DAMAGES:

      Applicable liquidated damages are the amounts established in the following schedule:

       

      Original Contract Amount RangeDaily Charge (Per Calendar Day)
      $299,999 and under$904
      $300,000 – less than $2,000,000$1,685
      $2,000,000 – less than $5,000,000$2,667
      $5,000,000 – less than $10,000,000$3,813
      $10,000,000 – less than $20,000,000$5,021
      $20,000,000 – less than $40,000,000$7,442
      $40,000,000 and over$10,224 + 0.00005 × (amount over $40M)

       

      For all contracts, regardless of whether the contract time is stipulated in calendar days, the Engineer will count days in calendar days.  If the Contractor or, in case of his default, the surety fails to complete the work within the time stipulated in the Contract, or within such extra time that the CITY may have granted the Contract or, in case of his default, the surety shall pay to the CITY, liquidated damages, in the amount of $2,667.00 per calendar day in which work is not completed. This is imposed as liquidated damages, not as a penalty, in recognition of the difficulty of ascertaining actual damages. The CITY has the right to apply, as payment on such liquidated damages, any money the CITY owes the Contractor.  The CITY does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions.

    • SUBSTITUTIONS:

      The City of Homestead, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the Bidder’s expense.

    • BIDDER’S FACILITIES:

      The City reserves the right to conduct site visits to Contractor’s business location(s) at any time with prior notice and/or may request that Contractor participate in live presentations. The selection of a contractor may be based wholly or in part upon the results of site visits or live presentations.

    • ADDITIONAL WORK:

      In the event additional work requested is not covered in the bid line items, Contractor will be asked to supply a proposal task order with scope of work details, pricing, schedules, deliverables and a not to exceed dollar amount unless authorized by the City contract representative.

      Refer to Special Provisions for Construction Contracts, Article 7, Changes in the Work.

    • CONE OF SILENCE:
      1. Definitions: “Cone of Silence,” as used herein, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or bid, between: a potential vendor, service provider, proposer, Bidder, lobbyist, or consultant, and: the City Council members, City’s professional staff including, but not limited to, the City Manager and his or her staff, any member of the City’s selection or evaluation committee.
      2. Restriction; Notice: A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence, the City Manager or his or her designee shall provide for public notice of the Cone of Silence by posting a notice at the City Hall. The City Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the City Clerk, with a copy thereof to each City Councilmember, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.
      3. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Council meeting (whether regular, special or Committee of the Whole meeting) at which the City Manager makes his or her written recommendation to the City Council. However, if the City Council refers to the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the Manager makes a subsequent written recommendation.
      4. Exceptions to Applicability: The provisions of this section shall not apply to:
        1. Oral communications at pre-bid conferences;
        2. Oral presentations before selection or evaluation committees;
        3. Public presentations made to the City Councilmembers during any duly noticed public meeting;
        4. Communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The Bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request;
        5. Communications regarding a particular RFP, RFQ or Bid between a potential vendor, service provider, proposer, Bidder, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;
        6. Communications with the City Attorney and his or her staff;
        7. Duly noticed site visits to determine the competency of the Bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation;
        8. Any emergency procurement of goods or services pursuant to City Code;
        9. Responses to the City’s request for clarification or additional information;
        10. Contract negotiations during any duly noticed public meeting;
        11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, Bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting.
        12. Contract negotiations between city staff and individuals or representatives of entities that have proposed to enter into a public-private partnership with the city in accordance with F.S. § 255.065, as amended from time to time.
      5. Penalties: Violation of this section by a particular Bidder or proposer shall render any RFP award, RFQ award or bid award to said Bidder or proposer voidable by the City Council or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action.

      Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.

    • DISCLAIMER:

      The City of the City of Homestead may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all Bids; re-advertise this Bid; postpone or cancel at any time this Bid process; or, waive any formalities of or irregularities in the bidding process. Bids that are not submitted on time and/or do not conform to the City of Homestead’s requirements will not be considered. After all bids are analyzed, organization submitting bids that appear, solely in the opinion of the City of Homestead, to be the most competitive, shall be submitted to the City Council, and the final selection will be made shortly thereafter with a timetable set solely by the City of Homestead. The selection by the City of Homestead shall be based on the bid, which is, in the sole opinion of the City Council, in the best interest of the City of Homestead. The issuance of this bid constitutes only an invitation to make presentations to the City of Homestead. The City of Homestead reserves the right to determine, at its sole discretion, whether any aspect of the bid satisfies the criteria established in this Bid. In all cases the City of Homestead shall have no liability to any contractor for any costs or expense, incurred in connection with this bid or otherwise.

    • CLARIFICATIONS / INTERPRETATIONS:
      1. It is the Bidder’s obligation to notify the City prior to opening of Bids of any conflicts, ambiguities, or discrepancies it finds in the contract documents, in order to allow City to issue appropriate addenda. The City reserves the right to make changes to the contract documents as it finds necessary or in its best interest, at any time prior to the opening of the Bids. Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted through the e-Procurement Portal via the Question & Answer tab.
      2. If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, and has questions or is in need of clarification concerning this Bid, the Bidder must submit to the City of Homestead’s Procurement and Contract Services Department at least seven (7) calendar days prior to scheduled bid opening, a “request for clarifications”. All such requests for clarification must be made through the e-Procurement Portal via the Q&A tab. The City will make every best attempt to answer all questions submitted after said seven (7) days but cannot guarantee a response. Such questions must be sent through the e-Procurement Portal via the Q&A tab. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through the e-Procurement Portal. NO QUESTIONS WILL BE RECEIVED OR ANSWERED VERBALLY.
      3. Any interpretations of the Bid, if made, will be made only by Addendum duly issued by the City of Homestead Procurement and Contract Services Department. The City shall issue an Informational Addendum if clarification or minimal changes are required. The city shall issue a formal Addendum if substantial changes, which impact the technical submission of Bids, are required. A copy of such Addendum will be posted via the E-Procurement Portal Addenda tab. In the event of conflict with the original Contract Documents, Addendum shall govern all other contract documents to the extent specified. Subsequent Addendum shall govern over prior addendum only to the extent specified. Only the interpretation or corrections of the Bid Documents given by addenda shall be binding, and prospective Bidders are warned that no other source is authorized to give information concerning, explaining or interpreting the Bid Documents. Bidders shall not rely on any oral interpretation, or correction of any apparent ambiguity, inconsistency or error offered by any person.
      4. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing the addendum and including it with the Bid Proposal. Failure of a Bidder to include a signed formal Addendum in its Bid Proposal may deem its Bid non-responsive provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative.
    • EVIDENCE:

      The submission of a Bid shall be prima facie evidence that the Contractor is familiar with and agrees to comply with the contents of this Bid Project.

    • DEMONSTRATION OF COMPETENCY:
      1. Pre-award inspection of the Bidder’s facility may be made prior to the award of contract. Bids will only be considered from firms, which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the City of Homestead. 
      2. The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 
      3. The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder’s Proposal may render the Bid non-responsive. 
      4. The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder’s record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder’s performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section.
    • HIRING REFERRAL PROGRAM:

      The successful Bidder, prior to hiring to fill each vacancy arising as a result of this solicitation shall (1) first notify the City’s designated Referral Agency for this solicitation, of the vacancy and list the vacancy with the designated agency, and (2) make a good faith effort to fill its employment needs through the designated agency. If no suitable candidates can be employed after a Referral Period of three to five days, the successful Bidder is free to fill its vacancies from other sources. Successful Bidders will be required to provide quarterly reports to the designated agency indicating the name and number of employees hired in the previous quarter, or why referred candidates were rejected.

    • PERMITS AND INSPECTION FEES:

      The Bidder shall obtain and pay for all certificates of competency, licenses, insurance, permits, inspection fees, and any other certification necessary or required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Building, mechanical, electrical, plumbing and structural permit plans or installations which are reviewed by a third party are subject to fees. Those fees required by the County [i.e.] fire, impact fees, PERA (Permitting Environment and Regulatory Affairs, formerly PERA), code compliance, and State fee’s and surcharges are the responsibility of the Contractor and cannot be waived by the City. These fees will NOT be reimbursed by the City of Homestead and are the sole responsibility of the Contractor. The Bidder shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.

      Where Bidders are required to enter or go onto City of Homestead property to deliver materials or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Homestead building requirements and the Florida Building Code. The Bidder shall be liable for any damages or loss to the City occasioned by negligence of the Bidder (or agent) or any person the Bidder has designated in the completion of the Contract as a result of his or her Bid.

      Successful bidder (General Contractor and Qualifier) must also register with the City of Homestead’s Development Services, Planning and Zoning Department prior to performing any work associated with this project.

    • ASSIGNMENT:

      The Contractor agrees not to enter into subcontracts and shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Homestead.

    • INDEMNIFICATION:

      Contractor shall indemnify and hold harmless the City of Homestead and City’s officers and employees to the fullest extent authorized by Section 725.06 (2), Florida Statutes, which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein.

    • BIDS BINDING:

      All bids submitted shall be binding for 365 calendar days following the Bid Opening.

    • OPTIONAL CONTRACT USAGE:

      As provided in Section 287.042 (16), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement and Contract Services, has certified its use to be cost effective and in the best interest of the state. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option.

    • BINDING DOCUMENTS:

      The submittal of all the items under this article plus the following Sections which are also part of the Contract Documents shall bind the Bidder to all the Provisions of the entire Contract Documents:

      1. Bid Advertisement
      2. Special Conditions
      3. General Conditions
      4. Articles 1 through 13
      5. Technical Specifications
      6. Surety Performance Bond
      7. Surety Payment Bond
      8. Drawings, Attachments, and Exhibits
      9. All Addenda, Notices, and Question & Answers
    • SPOT MARKET PURCHASES:

      It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be “Spot Market Purchased” may be purchased by other methods, i.e. Federal, State or local contracts.

    • LOCAL PREFERENCE:

      In accordance with City Code Section 2-411, there shall be a fifteen (15%) percent local preference given to local businesses who are holders of current city local business tax receipts for businesses which are physically located within the city limits of Homestead and have held such local business tax receipts for a minimum of one year prior to asserting the local preference. Said fifteen (15%) percent local preference must be asserted by the party seeking it at the time the competitive quotation, bid or proposal is made . and shall be calculated by the purchasing department in rating competitive quotations, bids or proposals which are governed by this section of the Code of the city. The local preference shall not apply if the solicitation specifications of the city so state. Further, said local preference, as described above, shall only be applied in certain situations and shall be specifically governed by the below-described limitations:

        1. No local preference for competitive quotations, bids or requests for proposals shall be applied where prohibited by law, regulation or applicable agreement.
        2. That when local preference has been used in computing award recommendations, either for the purchase of goods or for the purchase of services, the city council shall not reject the low bid solely based upon the locale of the said business. Under a competitive process solicitation, when a responsive, responsible non-local business submits the lowest price offered, and the offer submitted by one or more responsive, responsible local businesses is within fifteen percent (15%) of the price submitted by the nonlocal business, each of the aforementioned responsive, responsible local businesses shall have the opportunity to submit, within five (5) working days of notice of intent to award a best and final offer equal to or lower than the amount of the low offer previously submitted by the non-local business. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid, quote or proposal. In the case of a tie in the best and final bid, quote or proposal between a local business and a non-local business, contract award shall be made to the local business. In the case of a tie in the best and final bid quote or proposal between two or more local businesses, the contract shall be awarded in accordance with procedures established by the City Manager.

       

    • PUBLIC RECORDS LAW:
      1. Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Agreement.  Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City.
      2. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
      3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City.
      4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.  All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
      5. Any compensation due to Contractor shall be withheld until all records are received as provided herein.
      6. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City.

      Section 119.0701(2)(a), Florida Statutes

      IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN PUBLIC RECORDS.

      Custodian of Records:        ELIZABETH SEWELL, CITY CLERK
      Mailing address:                  100 CIVIC COURT, HOMESTEAD, FL 33030 Telephone number: 305-224-4442
      Email:                                    ESEWELL@HOMESTEADFL.GOV

    • SUNSHINE LAW:

      As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor acknowledges that the materials submitted with the Bid and the results of the City of Homestead’s evaluation are open to public inspection upon proper request. Contractor should take special note of this as it relates to proprietary information that might be included in its Bid.

    • FORCE MAJEURE:

      The performance of any act by the City or Contractor hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement.

    • COLLUSION:

      By offering a submission pursuant to this Invitation to Bid, the Bidder certifies the Bidder has not divulged, discussed or compared his Bid with other Bidders and has not colluded with any other Bidder or parties to this Bid whatsoever. Also, the Bidder certifies, and in the case of a joint bid, each party thereto certifies, as to his own organization, that in connection with this Bid.

      Any prices and/or cost data submitted have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Bidder or with any competitor.

      Any prices and/or cost data quoted for this Bid have not knowingly been disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to the scheduled opening, directly or indirectly to any other Bidder or to any competitor.

      No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

      The only person or persons interested in this Bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into.

      No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee accepting bona fide employees or established commercial agencies maintained by the Bidder for the purpose of doing business.

    • ELIGIBILITY:

      All agents, employees and subcontractors of the Bidder retained to perform services pursuant to this bid shall comply with all laws of the United States concerning work eligibility.

    • TIE BIDS:

      Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

      1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition.
      2. Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
      3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1).
      4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
      5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.
      6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
    • PROPERTY:

      Property owned and in the possession of the City of Homestead is the responsibility of the City of Homestead. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Homestead. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Homestead shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any.

    • TERMINATION FOR DEFAULT:

      If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Homestead. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor’s failure to perform is without his or his subcontractor’s control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Homestead under Section 3.38.

    • TERMINATION FOR CONVENIENCE:

      The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Homestead. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Homestead the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Homestead shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. In no event shall City be liable for consequential damages, including anticipated lost profits on work not performed on this or any other project. The City Manager may terminate this Contract immediately for public health, safety and welfare.

    • CONFIDENTIALITY:

      As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order.

    • GOVERNING LAW AND VENUE:

      The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami-Dade County, Florida.

    • ATTORNEY’S FEES:

      In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees through and including appellate litigation and any post-judgment proceedings.

    • NO PARTNERSHIP OR JOINT VENTURE:

      Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Homestead and Contractor, or to create any other similar relationship between the parties.

    • PARTIAL INVALIDITY:

      If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.

    • PROVISIONS BINDING:

      Except as otherwise expressly provided in this Contract, all covenants, conditions and provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

    • HEADINGS AND TERMS:

      The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof.

    • ENTIRE AGREEMENT:

      The contract consists of this City of Homestead Bid and specifically this Section III, Contractor’s Response and any written agreement entered into by the City of Homestead and Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. This Contract may be modified only by a written agreement signed by the City of Homestead and Contractor.

    • AUDITS:

      The City shall have access to all books, records, and documents of the successful Bidder which directly relate to the Work to be performed for the purpose of inspection and auditing upon reasonable written notice during normal business hours at the office of the Contractor or at some location mutually agreed upon by the City and the Contractor.

    • MINIMUM WAGE RATES:

      U.S. Department of Labor: In projects having Federal participation, minimum wage rates for the proposed work will be established by the U.S. Department of Labor, Employment Standards Administration. Schedules of labor classifications and corresponding wage rates and benefits will be included in the Bid Documents, and shall apply to this Project.

      COMPLIANCE WITH DAVIS-BACON AND ARRA: Pursuant to use of federal funds, the Contractor may be required to comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.

      Prevailing wage rates are found at the Department of Labor website:  https://www.dol.gov/

      A guide for contractors on Davis Bacon can be found online at: https://www.dol.gov/agencies/whd/government-contracts/construction/guidance

       

       

    • WITHDRAWAL OF BIDS:

      No Bid can be withdrawn by a Bidder after it is filed with the Clerk, during the period stipulated in the advertisement for Bids, unless the Bidder makes the request in writing to the City Clerk and the request is received prior to the time set for the opening of Bids.

    • REJECTION OF BIDS:
      1. Bids that do not contain completed and properly executed forms and affidavits, as required and included in these Bid Documents, may be rejected by the City.
      2. Bids which are not responsive to the Bid Documents shall be rejected by the City.
      3. Bids will be considered irregular and may be rejected if they contain omissions, alterations of form, additions not called for, unauthorized alternate bids, or other irregularities.
      4. Any of the following additional factors may be considered sufficient cause for the rejection of the Bid.
        1. Bid submitted on a form other than that furnished by the City; 
        2. Submission of more than one Bid for the same work by an individual, firm, partnership or corporation under the same or different names;
          1. Affiliated entities are defined as business concerns that are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both
          2. Indicators of control include, but are not limited to: interlocking management or ownership, shared facilities and equipment, or common use of employees
          3. Identical pricing submitted by ostensibly separate entities shall be considered sufficient evidence of a lack of independent price determination and may result in the immediate rejection of all affected bids.
        3. Evidence of collusion among Bidders;
        4. Previous participation in collusive bidding on work for the City;
        5. Submission of an unbalanced Bid in which the prices bid for some items are out of proportion to the prices bid for other items;
        6. Lack of Competency of Bidder. The Contract will be awarded only to a Bidder considered to be capable of performing the work as required by the Contract Documents. The City may declare any Bidder ineligible at any time during the process of receiving bids or awarding the Contract where developments arise which, in the opinion of the City, adversely affect the Bidder's competency to perform the work and to discharge its responsibilities under the Contract;
        7. Lack of capability as shown by past performance of Bidder's work for the City, judged from the standpoint of workmanship and progress;
        8. Unfinished work for which the Bidder is committed by contract, which, in the judgment of the City, might hinder or prevent the prompt completion of work under this Contract if awarded to such Bidder;
        9. Being in arrears on any existing Contract, or having been sued to enforce the City's rights on a construction contract, or having failed to complete the Work, the punch list, or warranty items, or having defaulted on a previous contract with the City;
        10. If the Bid does not contain a bid price for each pay item listed in the Bid Form, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a bid price;
        11. If the Bid is not accompanied by the Bid guaranty, if one is being required.
    • ORDER OF PRECEDENCE:

      In the event that a conflict arises between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions.

    Submission Requirements

    • I certify that I have read through the attached solicitation, and I understand all specifications, terms, conditions, and materials provided therein. (required)
    • Confirmation of Special Provisions for Construction Contract (required)

      The Bidder certifies that it has fully reviewed the Special Provisions applicable to this Construction Contract and acknowledges and confirms its acceptance of, and agreement to comply with, all such provisions.

    • Bid Bond (required)

      Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 10% of the total bid price, payable to City of Homestead, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 365 days from the date of the bid opening.

      Please scan and upload a copy of your bid bond/cashier's check. Bidder must also DELIVER the original bid guarantee with a postmarked date no later thanThursday, June 18, 2026 addressed to:

      City of Homestead

      Procurement & Contract Services Department
      Xintia Rubio
      450 SE 5th Avenue
      Homestead,FL33030

      Please have the Bidder Name, Contract Title ("Basin 11 Pump Station Force Main Project"), and Contract Number ("202624") listed clearly on the outside of the envelope.

       

      ***********IMPORTANT*****************

      Bidders are reminded that the Bid Bond must be fully executed. Please verify the Bid Bond is signed and dated, including required signatures from the bidder (principal) and surety/authorized agent. Failure to submit a properly executed Bid Bond may result in disqualification of the bid.

    • Upload Proof of Bid Bond Delivery (required)

      In accordance with Q#3 - Bid Bond - Bidder must deliver the original bid bond to indicated address. 

    • Bid Offer Form (required)

      Please download the below documents, complete, and upload.

    • COH Forms (required)
      1. AMERICANS WITH DISABILITIES ACT (ADA) DISABILITY NONDISCRIMINATION STATEMENT
      2. BUSINESS ENTITY AFFIDAVIT/CONFLICT OF INTEREST
      3. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
      4. DRUG-FREE WORKPLACE PROGRAM AFFIDAVIT
      5. SCRUTINIZED COMPANIES FORM
      6. E-VERIFY
      7. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
      8. PERFORMANCE SURVEYS
      9. NOTIFICATION OF SOCIAL SECURITY NUMBER COLLECTION AND USAGE
      10. W-9 FORM
      11. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
      12. AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN
    • Trench Safety Act Compliance Form: (required)

      Please download the below documents, complete, and upload.

    • Bidder Qualifications Form: (required)

      Please download the below documents, complete, and upload.

      • Submit a Company Profile demonstrating qualifications to perform the work.

      • Provide evidence of a permanent place of business (including length of time in business).

      • Demonstrate technical knowledge and relevant experience, including certifications, training, and years of experience with similar products/services.

      • Include resumes and experience of the proposed Project Manager and/or Project Team.

      • Show evidence of adequate organizational capacity and qualified manpower (number of employees, warehouse/office size and location).

      • Provide documentation of financial capability to meet project obligations.

      • Confirm there are no outstanding or unresolved claims against the firm or its work.

      • List similar projects completed within the last five (5) years, including type, size, and complexity.

      • Disclose any pending or past litigation involving the firm, its principals, or officers with the City.

    • List of References (required)

      Please download the below documents, complete, and upload.

    • Provide copy of Florida Contractors license: (required)
    • Provide copy of valid occupational/business license. (required)

      Bidder(s) shall submit, with their Bid, a copy of their valid occupational/business license.

    • State Registration: (required)

      State registration [Florida State Registration can be located and printed at www.Sunbiz.org].

    • Upload System for Award Management (SAM) (required)

      It is highly recommended that firms responding to this ITB register their entity at SAM.gov. The process is free and a requirement for award of work on federally funded projects. To register, follow the link provided: https://sam.gov/content/entity-registration . Once registered, your firm will be issued a Unique Identifier Number. The registration process usually takes several days but can be up to several weeks depending on demand. 

      Bidder/Contractor must not be listed in the System for Award Management (SAM) as an excluded party.

    • Upload E-Verify (required)

      E-VERIFY: In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein.

      Every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.

    • Provide evidence of Insurance. (required)
    • Acknowledgment of Addenda and Q&A (required)

      Bidder acknowledges that they are solely responsible for reviewing the latest questions and answer, notices and addenda associated with this procurement process. Failure to consider key information and changes within your submission may result in your offer being deemed non-responsive if key data or forms are omitted.

    • Subcontractor Listing (required)

      Refer to Section 2.12 - Prospective Bidders need to furnish a list at time of Bid of all sub-contractors to be used during the construction of this project.

    • Project Schedule and Sequencing Plan (required)

      Bidders are required to submit, as part of their bid, a detailed project schedule and sequencing plan outlining all major activities, timelines, and the project's critical path with clearly defined timelines.

    • # of days completion time (required)

      Enter in the number of days for completion time.

    • What is the project location? (required)

    Key dates

    1. May 15, 2026Published
    2. June 18, 2026Responses Due

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