Active SLED Opportunity · FLORIDA · CITY OF HIALEAH, FL
AI Summary
City of Hialeah seeks contractor for installation of 20-foot-high chain-link fencing and netting around two soccer rinks at Goodlet Park. Includes gates, permits, plans, and cleanup. Requires licensed contractor with 5+ years experience. Bid due April 30, 2026.
The City of Hialeah requires the services of an experienced and reliable contractor capable of furnishing all labor, materials, equipment, and incidentals necessary for the installation of new perimeter fencing at the Goodlet Park Soccer Rink. The scope of work includes the installation of chain-link fencing, including all required support posts, rails, fittings, hardware, and related appurtenances to provide a complete and secure system. All work shall be performed in accordance with the specifications outlined in this solicitation and must meet all applicable City of Hialeah and Miami-Dade County codes.
The City of Hialeah will substantially change the scope of services to align with the allotted budget. A new solicitation will be reflecting the updated scope of services. We apologized for the inconvenience and look forward to seeing you at the next pre-bid.
Hialeah, Florida (Estimated population of approximately 221,300) is a diverse community, ideally located midway between Miami and Fort Lauderdale, and encompasses approximately 23 square miles. As the fifth largest city in the State of Florida, Hialeah is committed to growth in its business and residential communities, while also focusing on issues such as education, the arts, leisure activities, public safety, and sustainability to provide a viable future for our residents and preserve the City’s rich history since its incorporation in 1925. In 2025 the City is celebrated its centennial.
The City currently has 1500+ employees and provides a wide range of governmental services to its citizens, including public safety/police services, parks and recreation, public works, water and sewer, planning, building and zoning, code enforcement, and community development.
The City is a very large consumer of goods and services, and the purchasing decisions of our employees and contractors can positively or negatively affect the environment. By including environmental considerations in our procurement information, along with our traditional concerns with price, performance, and availability, we will remain fiscally responsible while promoting practices that improve public health and safety, reduce pollution, and conserve natural resources, while still evaluating the Proposals on applicable legal and technical criteria.
The City has issued this Solicitation for the purpose of obtaining responses from qualified respondents to secure fixed firm pricing and delivery of Goodlet Park Soccer Rink Fencing & Netting necessary to the City’s Parks & Community Engagement Department. For clarification on any of the listed items, please contact the Purchasing Division.
The contractor shall furnish all labor, materials, equipment, and services necessary to install a 20-foot-high fencing and netting system around two soccer rinks located at Goodlet Park Soccer Rink Fencing and Netting. The work includes fencing, netting, gates, plans, permits, and site cleanup in accordance with the specifications outlined below.
Netting Specifications
The following timetable should be used as a working guide for planning purposes. The City reserves the right to adjust this timetable, as the City deems necessary, during the course of this Solicitation process.
| Advertisement Date: | April 5, 2026 |
| Pre-Bid Meeting (Non-Mandatory): | April 14, 2026, 10:00am Goodlet Park - 4200 W 8th Ave, Hialeah, FL 33012 @ Running Track Back of Park |
| Last Date for Receipt of Questions: | April 21, 2026, 2:00pm |
| Deadline for Submittal of Bids: | April 30, 2026, 11:00am |
Capitalized words and phrases in this Solicitation are defined in this section and in the Agreement. In addition, the following terms, phrases, words, and their derivations shall have the meaning given herein:
Estimated Project Duration: Ninety (90) calendar days from the date of issuance of the Notice to Proceed (NTP).
The contractor shall coordinate all work with the City of Hialeah Parks & Community Engagement Department to minimize disruption to park operations and public access.
All work shall be performed during regular business hours (Monday through Friday, 7:00 a.m. to 5:00 p.m.), unless otherwise approved in writing by the City.
Capitalized words and phrases in this Solicitation are defined in this section and in the Agreement. In addition, the following terms, phrases, words, and their derivations shall have the meaning given herein:
A Non-Mandatory Pre-Solicitation meeting will be held at the Goodlet Park - 4200 W 8th Ave, Hialeah, FL 33012 @ Running Track Back of Parkon Tuesday, April 14, 2026 at 10:00 am. Respondents are nevertheless encouraged to attend.
Not applicable.
Capitalized words and phrases in this Solicitation are defined in this section and in the Agreement. In addition, the following terms, phrases, words, and their derivations shall have the meaning given herein:
Capitalized words and phrases in this Solicitation are defined in this section and in the Agreement. In addition, the following terms, phrases, words, and their derivations shall have the meaning given herein:
Either the City or the Respondents may add items, which are not covered or listed in the document, as follows:
Additional Request by the City: Any additional requests may be made by the City and will be done in writing, and shall be considered an amendment (addendum) to the document requirement.
Additional Request by the Respondent: The Respondent may include additional items not specified or addressed within the document requirements which do not constitute a material change or variance and do not conflict with law, this Solicitation, or long-standing city policies and practices . The Respondent when doing so shall submit all additions to the proposed items in writing concurrently with their submittal and identify that each item is an addition. Late additional requests will not be considered.
Responses will be considered only from firms that are regularly engaged in the business of furnishing and installing fencing as described in this Solicitation; that have a continuous record of performance for the last two (2) consecutive years with the same Federal Employee ID Number (FEIN); and that have sufficient financial support, resources, equipment, personnel, and organization to ensure that they can satisfactorily provide the painting services if awarded a Contract under the terms and conditions herein stated.
The Respondent must hold all required State of Florida as well as any County and/or City certifications/licenses, as applicable to perform the full installation of fencing systems within City facilities and properties. The licenses must be valid and meet all requirements for the State of Florida as well as any County and/or City requirements. The Respondent must furnish proof of copies of all valid required State of Florida as well as any County and/or City licenses with the submittal in the Response section of this Solicitation. The Respondent shall furnish the City with a copy of any license renewal, at the time the license is renewed.
Any Respondent that fails to satisfy the following minimum requirements may be deemed "NONRESPONSIVE".
A. Respondent must possess a valid building contractor, general contractor or contractors license.
B. Respondent must have five (5) years of experience providing a substantially similar scope of work.
C. Respondent must be an active corporation or other incorporated business entity (e.g., LLC, etc.) in the State of Florida.
D. Respondent must hold a valid Business Tax Receipt (BTR).
E. Respondent must provide proof that it's completed at least three (3) completed contracts for a similar scope of work.
F. Respondent must provide three (3) references in the response section of this solicitation.
To be considered "RESPONSIBLE," the Respondent must meet the following requirements:
A. The Respondent must demonstrate the ability, capacity, equipment, resources, and technical skills necessary to perform the contract or service successfully.
B. The Respondent must possess sufficient financial resources to fulfill the contract's obligations or provide the service.
C. The Respondent must demonstrate the ability to perform the contract or service within the specified timeframe, without undue delay or interference.
D. The Respondent's past performance on previous contracts, character, integrity, reputation, judgment, experience, and efficiency.
And, at minimum, the Respondent cannot have one (1) or more of the following circumstances:
A. Not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is not a debtor or in default to the City; or is not a guarantor, maker, or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City or any other public agency in Florida; or
B. Have no record of any pending lawsuit(s) with or against the City or unsatisfied civil judgments against the Respondent which may affect the performance of the services to be rendered herein or conviction(s) of criminal acts including, without limitation, any crimes involving fraud or moral turpitude, fraud, deceit, or have ever been declared bankrupt or had a receiver appointed over their property or been the subject of an assignment for the benefit of creditors in the past seven (7) years.
C. Not be on the convicted vendor list per "Public Entity Crimes", Section 287.133, Fla. Stat and/or the Discriminatory Vendor List", Section 287.134, Fla. Stat.
D. Not have been debarred within the past seven (7) years by any public agency in Florida.
This Solicitation is extended to any Person, company, and organization that can satisfy the requirements specified herein. The requirements presented in this Solicitation represent the City’s anticipated needs.
The Public Entity Crime Affidavit Form, found in the RESPONSE Section, includes documentation that shall be executed by an individual authorized to bind the Respondent. Any Respondent, or any of its suppliers, subcontractors, or consultants who shall provide goods and services and/or materials that are intended to benefit the City, shall not be a convicted vendor or included on the discriminatory vendor list. If the Respondent or any affiliate of the Respondent has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months must have passed since that person was placed on the convicted vendor or discriminatory vendor list. The Respondent further understands and accepts that any contract issued as a result of this Solicitation shall be either voidable or subject to immediate termination by the City. In the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The City in the event in such termination, shall not incur any liability or cost to the Respondent for any goods, services, supplies, materials, and/or materials furnished. By submitting a response, the Respondent further affirms they are not in violation of Sections 287.1346 , 287.135, 287.1351, 287.136, 287.137 and 287.138, Florida Statutes.
The term of the Agreement shall be for a period of three (3) years, beginning when the City issues P.O. (“Initial Term”). The City may renew the Agreement for two (2) consecutive one-year terms (“Renewal Term”), conditioned upon the Successful Respondent’s satisfactory performance of its duties and responsibilities under the Agreement, and upon a determination that renewal will be in the best interest of the City.
OR
Not Applicable.
Not Applicable.
All Respondents, their agents and proposed sub-consultants or subcontractors, are hereby placed on notice that neither the City Council members, any evaluation committee members, employees of the City or employees of any other project sponsoring agencies shall be lobbied either individually or collectively regarding this Solicitation. Respondents, their agents, and proposed sub-consultants or subcontractors are hereby placed on notice that they are prohibited from contacting any of these individuals for any purpose relating to the Solicitation (e.g., general information, meetings of introduction, meals, etc.). Any Response submitted by a Respondent, its agents and potential subconsultants or subcontractors who violate these guidelines will not be considered for review. The Purchasing Division Director (identified on the cover page of this Solicitation) shall be the only point of contact for questions and/or clarifications concerning the Solicitation, the selection process and the negotiation and award procedures. See, for general reference, Section 2-11.1. (t), Miami-Dade County Code, “Cone of Silence”, which is applicable and deemed as being incorporated by reference.
The Purchasing Division may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of services is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to circumstances beyond the Successful Respondent(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on the pricing or availability of services is substantial, and (4) the volatility so affects the Successful Respondent(s) that continued performance of the contract would result in a substantial loss. Successful Respondent(s) may have to supply documentation to justify any requested percentage increase in cost to the City of Hialeah.
The City may temporarily or permanently suspend or debar contractor(s) from doing business with the City whenever a contractor materially breaches its contract with the City in accordance with the applicable provisions of the City Code. Any Response submitted by a Respondent, its proposed subcontractors or subconsultants who are included on the City’s Suspension List shall not be considered for evaluation or review.
In addition, the principles of any Respondents or its proposed subcontractors or sub-consultants shall not attempt to do business with the City under a different name or form a new legal entity in order to do business with the City while the principals of the Respondent or its proposed subcontractors or subconsultants remain on the Suspension List. In the event there is any intentional misrepresentation, the Respondent further understands and accepts that any contract issued as a result of this Solicitation shall be subject to immediate termination for default and suspension procedures by the City. The City, in the event of such termination, shall not incur any liability to the Respondent for any goods, services or materials furnished. For purposes of this Solicitation “Respondents”, "Bidders", "Proposers", “Contractors” and “Vendors” are synonymous terms.
While respondents may initially contact the Purchasing Division Director, all general and technical inquiries must be submitted and addressed via the City's e-Procurement Portal Question & Answer feature.
No inquiries will not be entertained or processed beyond Tuesday, April 21, 2026 at 2:00 pm. No extensions or exceptions.
Each Response shall be accompanied by a list of three (3) written references provided in the RESPONSE Section, which shall include the name of the company, dates of the contract, description of goods supplied, a contact person and the telephone number. The references may be either public or private entities. Do not include references from the City of Hialeah. NO RESPONSE WILL BE CONSIDERED WITHOUT THIS WRITTEN LIST OF THREE (3) REFERENCES.
No oral representation, conversation, or statement made by any City staff or official shall be binding on the City. The contents of this Solicitation and any subsequent addenda issued by the City shall govern all aspects of this Solicitation.
The Respondent warrants that no one was paid a fee, commission, gift, compensation, remuneration, bonus, stipend, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.
If any revisions to the Solicitation become necessary (other than changes to the deadline for Response submission), the City will notify all registered Respondents requesting the corresponding document at least three (3) calendar days before the date scheduled for opening on Thursday, April 30, 2026 at 11:00 am. The City may revise the deadline for Response submission at any time prior to the date and time scheduled for opening the Responses. It is the sole responsibility of all Respondents to ascertain whether any addenda have been issued before the Solicitation deadline by either calling or checking with the City’s Purchasing Division Director or Purchasing staff.
A copy of the manufacturer’s standard warranty, and any special warranty, as/if applicable must be submitted with responses. Failure to comply with this provision may disqualify the responses that do not comply at the option of the City as non-responsive.
The contract will be awarded to the lowest responsive and responsible Respondent complying with all the provisions of this Solicitation, provided the Response prices are reasonable and it is in the best interest of the City to accept it. The City reserves the right to reject any or all Responses and to waive any minor informality or technicality in Responses received whenever such rejection or waiver is in the interest of the City. The City also reserves the right to reject the Response of a Respondent who has previously failed to perform properly or complete on time contracts of a similar nature, or Response of a Respondent whose investigation indicates is not in position to perform or fulfill the requirements of the contract.
All services provided to the City of Hialeah shall be rendered pursuant to the terms of a "contract". The City of Hialeah will not sign any contracts submitted by a Respondent.
Contractor awarded contract. The Contract provides that the contractor will render the requested services to the Owner as provided for in this document pursuant to the issuance of a Purchase Order through the City's Purchasing Division.
The City expressly reserves the right to cancel this Solicitation, to reject any or all responses, and/or readvertise and re-solicit the requirements at any time for any reason whatsoever when determined to be in the best interest of the City. This right is expressly reserved and clearly announced in this Solicitation.
Neither the City nor its officers, employees, or representatives shall be liable for any expenses incurred by any Person in connection with the preparation, submission, or presentation of a Response in response to this Solicitation. The Response and the information in the Response shall be provided at no cost to the City.
The terms and conditions contained in this Solicitation shall govern the City’s competitive procurement process. However, after the City and the Respondent execute the Agreement, the parties shall be governed solely by the terms and conditions set forth in the Agreement (Contract Documents).
The data/information contained in this Solicitation, and any data/information that may be provided by an employee or agent of the City, are presented to the Respondents as a convenience only. The City makes no warranty or guarantee concerning the accuracy of any data or information set forth in this Solicitation or any other document. Respondents shall make no claim and will have no recourse against the City because of any such data/information that proves to be erroneous in any respect. EACH RESPONDENT SHALL BE SOLELY RESPONSIBLE FOR DETERMINING ALL OF THE RELEVANT FACTS THAT MAY AFFECT ITS RESPONSE.
The City is exempt from Florida Sales and Federal Excise taxes on direct purchases of tangible property by the City.
Each Respondent assumes all risks and shall pay all expenses associated with the preparation and submittal of a Response in response to this Solicitation. The City shall not be liable for any expenses incurred by the Respondent when responding to this Solicitation, including but not limited to the cost of travel, site visits, and making presentations to the City.
Responses will be electronically opened and may be received up to but not later than Thursday, April 30, 2026 at 11:00 am as indicated on the cover page of this Solicitation. Submit Electronic Responses via the City of Hialeah https://procurement.opengov.com/portal/cityofhialeahfl. A list of Respondents shall be available via the City of Hialeah e-Procurement Portal. A list of Respondents shall be available via the City of Hialeah e-Procurement Portal.
The City of Hialeah e-Procurement Portal Clock is the official clock/record for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet, connections, disruptions, or going offline. The City strongly recommends completing and electronically submitting your response well ahead of the deadline. Paper responses may not be submitted nor will they be considered.
Upon award, the Contractor(s) shall report and work directly with the designated Project Manager or any other designee for the City.
A Respondent shall not transfer, sell, pledge, give, grant, or assign its Response, in whole or in part, directly or indirectly, to any third-party following submission of a Response to the City. No exceptions.
A Respondent may withdraw their electronically submitted Response. Responses, once opened, shall not be withdrawn or modified except to the extent (if any) agreed to by the City in its sole discretion during subsequent contract negotiation.
The City shall be notified by the Contractor(s) upon completion of work. The City shall inspect and approve the same before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor(s) at no additional charge to the City.
As provided specifically in Section 119.071 (1) (b), Florida Statutes, Responses become “public records” and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Respondents shall invoke the exemptions to disclosure provided by law, in the Response, by providing the specific statutory authority for the claimed exemption, identifying the data or other materials to be protected, and stating the reasons why such exclusion from public disclosure is necessary.
The Respondent shall comply with the Public Records Laws, including but not limited to: (1) keeping and maintaining all public records that ordinarily and necessarily would be required by the City in order to perform the service; (2) providing the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meeting all requirements for retaining public records and transferring, at no cost, to the City all public records in possession of the Contractor upon termination of the Contract and destroying any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements upon such transfer. In addition, all records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Failure to meet any of these provisions or to comply with Florida’s Public Records Laws as applicable shall be a material breach of this Agreement and shall be enforced by the terms and conditions of the Agreement.
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 AGREEMENT, THE CONTRACTOR SHOULD CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL (CityClerk@hialeahfl.gov), OR MAIL (CITY OF HIALEAH, OFFICE OF THE CITY CLERK, 501 PALM AVENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
The Successful Respondent shall make delivery of any item(s) ordered herein within the required period of time specified on the purchase order. Failure to deliver and respond as specified may be cause to deem the Successful Respondent in default. Shipments/delivery must be via Freight on Board (“FOB Destination”) arrangements for the designated delivery destination(s) in the City agreed to by the parties.
The Successful Respondent shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this Solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City’s authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back-order quantities and estimated delivery of back-orders if applicable.
The City reserves the right to reject any and all Responses for reasons including, but not limited to, the following: (1) when such rejection is in the best interests of the City; (2) if such Response is deemed non-responsive; (3) if the Respondent is deemed non-responsible; or (4) if the Response contains any material misstatements, irregularities, defects, errors, mistakes or omissions. Minor irregularities contained in a Response may be waived by the City in its discretion. A minor irregularity, technicality, error, mistake, or omission is a variation from the Solicitation that does not affect the price of the contract nor does it give a Respondent an advantage or benefit not enjoyed by other Respondents and does not adversely impact the City.
Responses found to be non-responsive may not be considered. A Response may be found to be non-responsive because, among other things, the Respondent: failed to utilize or complete or sign the required forms; failed to provide any information requested by the City; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; or provided improper or undated signatures. The City’s grounds for rejecting Responses include, but are not limited to, evidence of: collusion among Respondents; a lack of experience, expertise, or other qualifications to perform the required work; a submission of more than one Response by any Person under the same or different names; the failure to perform satisfactorily or meet financial obligations on previous contracts; the employment of unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; the listing of a Respondent on the U.S. Comptroller General’s List of Ineligible Companies for Federally Financed or Assisted Projects; or the listing of a Respondent on the City’s or the State’s Debarred, Convicted or Discriminatory Contractor’s List or a listing of the Respondent as a debarred or discriminatory vendor per Section 287.133, Florida Statutes or discriminatory vendor under Section 287.134, Florida Statutes or is contracting with scrutinized companies under Section 287.135, Florida Statutes or is a suspended vendor under Section 287.1351, Florida Statutes or has antitrust violations per Section 287.137, Florida Statutes, or is in violation of Section 287.138, Florida Statutes, prohibiting contracting with entities of foreign countries of concern . In addition, Responses will be rejected if the Responses are not delivered to the City’s Purchasing Division on or before the date and in the manner and time specified for the submittal of the Response.
After the advertisement of this Solicitation, all communications concerning this Solicitation shall be directed to the City’s Purchasing Division Department. Potential Respondents and their agents and employees shall not contact the Mayor, any member of the City Council, or any member of the City staff, except the Purchasing Division Director, to discuss this Solicitation. Notwithstanding any other provision of this section, the imposition of a cone of silence on this Solicitation shall not preclude purchasing staff from obtaining industry or trade comments, input, or performing market research provided all communications related thereto with a potential offeror, service provider, Respondent, lobbyist, or consultant are in writing or are made at a duly noticed public meeting. The Miami-Dade County Cone of Silence Ordinance, Section 2-11.1(t), Miami-Dade County Code is deemed as being incorporated by reference herein and made applicable to this solicitation. This Section does not apply to oral communications at pre-solicitation meetings, oral and/or written presentations before selection committees, contract negotiations, and public presentations made to the City Council during any duly noticed public meeting. A copy of all written communications must be filed with the City Clerk and a copy will be forwarded to other respondents who are on record for this Solicitation.
Although this Solicitation identifies specific products/suppliers to be provided, it is hereby agreed and understood that facilities, related products, or suppliers may be added/deleted to/from this contract at the option of the City. When an additional product to the contract is required, the suppliers shall be invited to submit price quotes for these new product(s). If prices are not competitive or are not carried, the City maintains the right to add additional suppliers to the contract to carry those items required. If these quotes are comparable with market prices offered for similar products/suppliers, they shall be added to the contract, as determined by the City when it is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City.
The City of Hialeah requires business entities to complete and file a registration application before doing business with the City. Respondents need not register with the City to present a Response; however, the selected Respondent(s) must register before the award of a contract because the failure to register may result in the rejection of the Response. To register, contact the Purchasing Division at (305) 883-5865. It is the responsibility of the business entity to update and renew its application concerning any changes, such as new address, telephone number, etc. during the performance of any agreement, purchase order, or similar document obtained as a result of this Solicitation.
Should it not be possible to reach the Respondent/Contractor(s) and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor(s) in default of the contract, terminate the contract, and/or make appropriate reductions in the contract payment and exercise any other remedies available under Florida law . The City expressly reserves all of its rights and remedies in this respect.
Unless otherwise specified, any manufacturers’ names, trade names, brand names, information, or catalog numbers listed in a specification are descriptive, not restrictive. The Respondent shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following:
Any Respondent required by Florida law to register to do business in this state shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapters 607, 608, 617, and/or 621 Florida Statutes. A copy of the registration/application and current certificate of good standing will be required prior to the award of a contract. Any partnership submitting in response to this Solicitation shall have complied with the applicable provisions of Chapter 321, Florida Statutes. Any Limited Liability Company submitting in response to this Solicitation shall have complied with the applicable provisions of Chapter 605, Florida Statutes.
The City shall be notified by the Contractor(s) upon completion of work. The City shall inspect and approve the same before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor(s) at no additional charge to the City.
The Response must contain a manual signature (an electronic signature conforming to the requirements of Florida law is acceptable) of an authorized representative in the space provided on the Response Form. Failure to properly sign the Response shall invalidate the same and it shall NOT be considered for award eligible for consideration or award. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be dated and initialed by the person signing the Response. Electronic initialing approved by Florida Law is acceptable. Any illegible entries, pencil Responses, or corrections not initialed will not be tabulated. The original Response conditions and specifications CANNOT be changed or altered in any way after being submitted to the City.
FOR DEFAULT
If the Contractor(s) defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City may terminate this Contract, in whole or in part, upon written notice without penalty to the City and without recourse against the City. In such event, the Contractor(s) 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(s) was not in default or (2) the Contractor(s)’s failure to perform is without its and/or (either or both, as applicable) its sub-consultant’s or subcontractor’s control, fault, or negligence, the termination will be deemed to be a termination for the convenience of the City.
FOR CONVENIENCE
The City may terminate this Contract, in whole or in part, upon thirty (30) days’ prior written notice when it is in the best interests of the City, for convenience, without any cause. If this Contract is for supplies, products, construction, equipment, goods and materials, or software, and is so terminated for the convenience of the City, the Contractor(s) will be compensated in accordance with an agreed-upon adjustment of cost. To the extent that this Contract is for services and is so terminated, the City shall be liable only for payment in accordance with the payment provisions of the Contract for those goods, services, construction, supplies, products, equipment, goods, and materials, or software satisfactorily rendered or supplied prior to the effective date of termination.
Federal, State, County and City laws, ordinances, codes, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Respondent will in no way be a cause for relief from responsibility for compliance by the Respondent.
The individual executing this Response on behalf of the Company warrants to the City that the Company is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Company possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to provide the goods or perform the services herein described.
The CONTRACTOR shall comply with all the applicable federal required standard provisions, as set forth in 2 C.F.R. Sec. 200.326 and 2 C.F.R. Part 200. In the event of any conflicts, the provisions of 2 C.F.R. Sec. 200.326 and 2 C.F.R. Part 200 shall prevail.
Solicitations shall be opened electronically on the date and at the time and in the manner specified on the City’s e-Procurement Portal. Solicitations will not be opened except as provided in this section.
Any work that is estimated prior to commencement that exceeds or varies from the original scope of work shall require an approved change order. The change order must be pre-approved in writing by the City’s project manager.
In case of any doubt or difference of opinion as to the services to be furnished hereunder, the decision of the Purchasing Director, after consultation with the City Attorney shall be final and binding on both parties. Any timely protest meeting the requirements of Section 2-815.1 of the City Code shall be handled pursuant to Section 2-815.1 of the City Code.
The Respondent, without exception, shall indemnify, defend (at its own cost and expense), hold, and save harmless the City of Hialeah, Florida, and its officials & employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, intellectual property rights, process, goods, or articles manufactured or used in the performance of the contract, including their use by the City. If the Respondent uses any design, device, or materials covered by letters, patent, copyright, and/or any other intellectual property rights it is mutually understood and agreed, without exception, that the Response prices shall include all royalties and/or costs arising from the use of such design, device, or materials in any way involved in providing the required goods or services. This Section shall survive the cancellation/expiration of the Contract and the Work.
The Contractor shall guarantee a minimum and maximum response time in its submittal as requested to correct errors, defects, non-conforming work and/or materials, and situations that may warrant an immediate response.
The Contractor shall provide the City with the names and phone numbers of those persons to contact for a response to a request. The Contractor shall maintain 24 hours per day, 365 days per year, and the ability to respond when requested by the City. The list shall also include the names and phone numbers of the Contractor's authorized representative. The City shall also provide the Contractor a list of names and (cell) phone numbers of their authorized representatives.
The Respondent warrants that the product and services supplied to the City shall conform in all respects to the standards outlined 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 Respondent responsible for same.
Any Special Conditions that vary from these General Conditions shall have precedence and in the event of an express conflict, the Special Condition(s) will govern and control.
The Contractor shall guarantee all work performed as to the quality of the work and the compliance with all applicable codes, laws, and regulations. The Contractor shall guarantee all work performed for a period no less than one year from the date of acceptance. The guarantee is not a warranty; the guarantee applies to the workmanship and the proper methods of work. The guarantee will be that the Contractor at no cost to the City will perform inspections, testing, and necessary corrective measures.
Product Warranty: The Contractor shall be responsible for following and complying with all product manufacturers'’ instructions to meet the requirements for product warranties. This applies to all products furnished by the Contractor or the City. All product warranties shall be turned over to the City upon completion of the job.
The Respondent certifies 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.
Work may be performed concurrently by the utilities in the City or the City’s contractor in the right-of-way and it shall be the responsibility of the Contractor to coordinate his work with the utility companies, the City, and the City’s contractors.
Utility Locations: The Contractor is responsible for all utility preservation, facilitating relocation if necessary, and damage prevention and must comply with Florida Sunshine One Call Requirements.
Protection of Existing Structures: The Contractor shall take full responsibility for maintaining and restoring all existing structures encountered by his construction operations, including paving, catch basins, drains, electrical light power, telephone poles, gas mains, and other structures encountered above and below ground. Damage to utilities will be repaired by the respectively utility. Where a catch basin is located within the area to be paved, the Contractor shall cover the opening to prevent introduction of asphalt into the structure. If deleterious material is introduced into the catch basin, the Contractor shall clean it to the satisfaction of the Engineer, at no additional cost
Respondents are required to assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all Miami-Dade County and City of Hialeah Code and building requirements, and the Florida Building Code. The Respondent shall be liable for any damages or loss to the City occasioned by negligence of the Respondent (or agent) or any person the Respondent has designated in the completion of the contract as a result of the Response. The Insurance Coverage required by the City for this Work is provided in the Response. Any modifications to the Insurance Coverage must be approved in advance and in writing by the City Risk Manager or designee prior to solicitation closing on Thursday, April 30, 2026. This Section shall survive the cancellation/expiration of the Contract and the Work.
NO MODIFICATIONS TO THE INSURANCE REQUIREMENTS WILL BE ALLOWED AFTER THE SOLICITATION CLOSING.
The Contractor shall furnish all supplies and materials. The Contractor Shall be informed when each work order is issued as to if the Contractor or City is to furnish materials. In some cases, both parties may supply items. When the Contractor supplies materials a list of all materials supplies must be included in the invoice documentation of each work order.
A bid bond will be required if the bid amount exceeds $100,000.00. A Bid Bond, a certified check, cashier’s check, Treasurer’s check or bank draft of any State or National Bank in the amount of five percent (5%) of the total bid amount must be submitted as an original hard copy prior to the closing date and time of the solicitation. The bonding company must appear on the US Treasury List. The Bid Bond of the successful Respondent will be retained until receipt and acceptance of a performance bond and all other required documents. Bid Bonds of all other Bidders will be returned without interest upon Award of Contract. Failure to provide the bid bond when required shall result in the Bidder being “non-responsive” and rejected. The original bid bond must be delivered prior to the closing of the solicitation to the Purchasing Division with the name of the solicitation clearly indicated.
In cases where an item is identified by a manufacturer's name, trade name, catalogue number, or reference, it is understood that the Respondent proposes to furnish the item so identified and does not propose to furnish an “EQUAL” unless the proposed “EQUAL” is definitely, expressly, and clearly indicated by the Respondent.
The reference to a name brand is intended to be descriptive, but not restrictive, and only to indicate to the prospective Respondent articles that will be satisfactory. Responses on other makes and catalogs will be considered, provided each Respondent clearly states in their Response exactly what they propose to furnish and forwards with their Response a cut illustration or other descriptive matter that will clearly indicate the character of the article covered by their Response.
The City hereby reserves the right to approve as an equal, or reject as not being equal, any article the Respondent proposes to furnish that contains major or minor variations from the specification requirements but may comply substantially with the specifications.
If no particular brand, model, or make is specified, and if no data is required to be submitted with the Response, the successful Respondent afterward and before manufacturer shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with.
Performance and Payment Bonds will be required if the contract amount exceeds $ 200,000.00. The successful Bidder shall post a Performance and Payment Bond from a Corporate Surety after an approved award, which is satisfactory to the City as security for the performance and prompt payment to all persons supplying labor and material in the execution of the work to be performed under this Contract and on any and/or all duly authorized modifications hereof. A bond will be posted on a per project basis and shall be a sum equal to one hundred percent (100%) of each project(s) total, unless otherwise specified. The bond may be in the form of a Cash Bond or Surety bond written through an approved, reputable, and responsible company authorized to do business in the State of Florida. Attorneys-in-fact who sign bid bonds or contract bonds must file with such bond a certified copy of power of attorney to sign said bond.
Performance Bond must be filed by the Contractor with the City Clerk, in the full amount of the contract price, as set forth here within this section in form and with corporate surety currently authorized to transact business in Florida, conditioned upon the performance of the work in accordance with the Contract and the Plans and Specifications thereof, and for the payment of all persons performing labor and furnishing goods, services, equipment, supplies, and/or materials in connection with the Contract and indemnifying, defending, and holding harmless said City of Hialeah from any expense, loss, action, claim, or cost arising from and out of the improper/deficient/defective/substandard/negligent performance of said Contract and/or the failure to make required payments to all such persons.
The Respondent shall furnish the Owner (to the attention of the City’s Risk Management Division), the names of any subcontractors that will be performing work under the primary Respondent. Additionally, subcontractors must supply the primary Respondent with proof of proper insurance and licenses. The minimum licensing and insurance qualifications for the subcontractors shall be the same as the primary Respondent. The subcontractor shall be listed, and all required documents supplied, with the primary Respondent's original Response. Any and all subcontractors that the primary Respondent wishes to include in the future will be strictly subject to approval by the Owner.
The Respondent shall be responsible to comply with and fulfill all requirements for compliance with the conditions, procedures, and requirements of the contract and any and all special instructions, special conditions, policies, and scope of services. Verification of the Respondent being in compliance with all conditions and requirements will be made by the Owner's representative and must be obtained prior to approval of payment for any rendered services. The Respondent must self-perform at least 50% of the Work.
The following specification shall apply to bid/proposal, performance, payment, maintenance, and all other types of bonds:
All Bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Bests Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey.
| Bond Amount | Best Rating |
| 500,000 to 1,499,999 | A | VI |
| 1,500,000 to 2,499,999 | A | VIII |
| 2,500,000 to 4,999,999 | A | X |
| 5,000,000 to 9,999,999 | A | XII |
| over 10,000,000 | A | XV |
On bond amount of $500,000 or less, the provisions of Section 287.0935, Florida Statutes shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by:
1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the Invitation for Bid and/or Request for Proposals is issued.
2.Certifying that the surety is otherwise in compliance with the Florida Insurance Code.
3.Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. U.S.C. 9304-9308.
Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of Treasury entitled A Surety Companies Acceptable to the Federal Bonds, published annually. The bond amount shall not exceed the underwriting limitations.
The Respondent shall furnish the Owner (to the attention of the City’s Risk Management Division), the names of any subcontractors that will be performing work under the primary Respondent. Additionally, subcontractors must supply the primary Respondent with proof of proper insurance and licenses. The minimum licensing and insurance qualifications for the subcontractors shall be the same as the primary Respondent. The subcontractor shall be listed, and all required documents supplied, with the primary Respondent's original Response. Any and all subcontractors that the primary Respondent wishes to include in the future will be strictly subject to approval by the Owner.
The Respondent shall be responsible to comply with and fulfill all requirements for compliance with the conditions, procedures, and requirements of the contract and any and all special instructions, special conditions, policies, and scope of services. Verification of the Respondent being in compliance with all conditions and requirements will be made by the Owner's representative and must be obtained prior to approval of payment for any rendered services.
The City reserves the right to inspect the Respondent’s facilities and /or local office at any time during regular business hours with prior oral or written notice.
The address that any and all Notices to Owner should be sent to is: The City of Hialeah Purchasing Division 5601 E 8th Avenue, Building 4., Hialeah, Florida 33013. Attention: Purchasing Division Director Luis Suarez. The primary contractor, any sub-contractor or any material supplier submitting a Notice to Owner must use the stated address. Each Notice to Owner must be satisfied prior to payment of invoices to the contract. A signed partial release of lien must be submitted along with the invoice for each payment request. Final payments will not be made until all signed builder or material release of liens and a final release of lien has been submitted. The primary contractor must notify the Owner of any notice or lien received from any sub-contractor equipment supplier or material supplier. The primary contractor is responsible to provide all release of liens from any contactor, sub- contractors, equipment supplier, material supplier and/or laborer that have filed a Notice to Owner with the City. The Director shall be furnished with a list of Sub-Contractors by the Contractor.
Solicitation Tabulations will be made available electronically to all Respondents upon award of this solicitation via the City of Hialeah e-Procurement Portal https://procurement.opengov.com/portal/cityofhialeahfl.
The Contractor is responsible to furnish all partial and full releases of liens to include the primary Contractor as well as any and all sub-contractors, suppliers, laborers, etc., as applicable, performing work or supplied materials or equipment. The Contractor shall furnish applicable partial or releases of liens for all work performed.
Note: No invoice will be processed nor will any payment be made to the contractor if/when any required related releases of liens have not been executed and furnished to the City as the Owner.
Administrative Charges for Obtaining Release or Collection of Funds: The Contractor is responsible for the payment of all monies owed sub-contractors and material/equipment suppliers and laborers including the material/equipment suppliers and laborers for the subcontractors.
The owner may charge the contractor or deduct a charge amount from the contract for administrate cost for collection for monies owed the sub-contractor or material/equipment suppliers. The contractor is responsible for and, must obtain all required release of lien both full and partial from all sub-contractors and material/equipment suppliers. Should the contractor not obtain and furnish the required releases the owner may charge the contractor or deduct a charge amount from the contract for administrate cost for obtaining releases both full or partial from all sub- contractors and material/equipment suppliers. The administrative charge may be up to an amount of 10% of the total contract price per separate incident.
The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of the Contract or any sub-contract of the Contract. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under the Contract and by the subcontractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing by the City.
The laws of the State of Florida shall govern this Solicitation and the contract between the City of Hialeah and the successful Respondent. Any action or proceeding including, without limitation, dispute resolution and/or mediation, concerning this Solicitation or the Agreement shall be brought exclusively in the State or Federal Courts or administrative officers in and for Miami-Dade County, Florida. Parties consent to jurisdiction within Miami-Dade County, Florida. Each party shall bear their own attorney’s fees.
If any person contemplating submitting a Response under this Solicitation is in doubt as to the true meaning of the specifications or other Solicitation documents or any part thereof, the Respondent must submit a request for clarification to the City of Hialeah Purchasing Director. Respondents shall submit all inquiries regarding this Solicitation via the City of Hialeah e-Procurement Portal, located at https://procurement.opengov.com/portal/cityofhialeahfl.Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City of Hialeah e-Procurement Portal. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the respondent to check the website for answers to inquiries.
Any interpretation of the Solicitation, if made, will be made only by Addendum duly issued by the City of Hialeah Purchasing Division Director. 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 Responses are required.
The City will be deemed to have accepted the work after the Procurement Division is notified by the user department of its satisfaction of the work is completed. Risk of loss will only pass to the City following actual acceptance by the City. The work under this contract shall remain the property of the Contractor until the City accepts it. In the event the work furnished under this contract is found to be defective or does not conform to the specifications/scope of work, the City reserves the right to cancel the contract upon written notice to the Contractor and/or to direct the Contractor to promptly cure and furnish conforming work at no additional cost to the City and/or institute and maintain a civil action for specific performance, damages, and /or such other actions as the City determines are in its best interests.
It is the sole responsibility of the Contractor to comply with any and all applicable Federal, State, County, and City Laws, Codes, and Regulations including, without limitation, any and all Building, Life-Safety, Electrical, Environmental Codes and Regulations. The Contractor, vendor, consultant, lessee, or concessionaire (as applicable) understands that violation of this section shall be deemed a default under the terms of the Solicitation, contract, lease, or agreement (as applicable).
The City has relied on the Respondent’s submission in selecting the Respondent. The Respondent shall not assign, transfer, convey, sell, pledge, grant, or otherwise dispose of any contract, or similar document, in whole or in part, including any or all of its right, title, or interest therein, or its power to execute such contract to any person, company, incorporated business entity including a corporation or LLC without the prior written consent of the City, which may be withheld, refused or conditioned.
All work will be inspected by the Ci t y during the job, and for final approval of each job. In addition, the work site will be inspected for cleanness, safety, and progress of the work schedule. The inspections will include evaluation of proper construction, installation, or repair, as well as any requirements set by city standards or policy. All work will be inspected by the Owner. Additional permitted work will be inspected by the permitting agency or agencies having jurisdiction.
The Respondent shall apply for, obtain and pay all licenses, permits, regulatory and other required approval(s), and inspection fees as may be required by the Agreement , by law, and this Solicitation. The Respondent shall comply with all applicable laws, ordinances, regulations, and Florida Building Code requirements applicable to the construction, goods or services contemplated herein.
The City shall be notified by the Contractor(s) upon completion of work. The City shall inspect and approve the same before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor(s) at no additional cost, expense, fee, or charge to the City.
It is the intent of the City to purchase the goods and/or services specifically listed in this Solicitation from the selected Respondent. However, items that are to be “Spot Market Purchased” may be purchased by other methods, i.e., Federal, State, County, Entities or Agencies, Special Districts, other public agency, or local contracts.
All information, data, designs, plans, drawings, and specifications/scope of work furnished to or developed for the City by the Contractor or its employees, pursuant to this contract, shall be the sole property of the City and all rights herein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents.
All sub-contractors are obligated to, and will follow the same requirements, regulations, and procedures as the primary contractor. All work by any sub-contractor must be pre-approved by the Owner. The use of sub-contractors is only after receiving prior written approval from the City. Payment for services rendered by any approved sub-contractor requires approved compliance following the same terms and conditions as the primary contractor prior to payment with each payment request (invoice).
The City has EXCLUDED incentive/disincentive for early completion provisions in the contract. Liquidated damages may apply for untimely delivery of goods, materials, supplies, or services if included in the Contract Documents. .
By submitting this Response, Respondent certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, before to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor Response list(s).
It shall be the Contractor's responsibility to obtain any applicable permits and required approvals. Any municipal permits issued by the City of Hialeah shall be at NO cost to the Contractor if any City of Hialeah payments are paid by the Contractor, they will be reimbursable.
Contract documents shall be modified, if necessary, to reflect the requirements of 23 Code of Federal Regulations ("CFR") 635.109, as amended. The changed conditions contract clauses shall be made part of, and incorporated in this project which has been approved under 23 United States Code ("U.S.C.") 106, as amended.
All of the Contractor's employees shall be considered to be at all times the sole employees of the Contractor under its sole direction and not employees or agents of the Owner.
Construction shall be performed in such a manner as to provide a minimum of inconvenience to the residents of the area. Any earth or other excavated material spilled from trucks shall be removed by the Contractor and the streets shall be cleaned twice daily to the satisfaction of the Streets Director.
In a competitive bid process where an award, if any, is to be made to the responsive and responsible bidder offering the lowest bid, the local Bidder shall be entitled to the preference subject to Section 2-820. Local Business Preference of the Code, which, except where contrary to federal or state law, or any other funding source requirements, provides that preference be given to local businesses.
The Contractor is responsible for all tools and equipment as well as materials. Storage of these items on site must be requested and approved by the City. The City is not responsible for the loss or damage of any tools, equipment, or materials stored by the Contractor at the Owners site, or in the possession of the Contractor.
For competitive proposals and other competitive procurement solicitations (not solely based on price but objective factors with point or percentage totals), a local business in compliance with Section 2-819.2 will have an additional two (2) points or two (2%) percent, as applicable, added to its ranked point score or percentage received during the evaluation process.
The Contractor shall be responsible for the safety of the Contractors employees. The Contractor shall abide by all Federal, State, County, and City safety requirements and regulations. The Contractor is responsible to furnish the Contractors employees with all required safety equipment. The Contractor is required to comply with all OSHA regulations including but not limited to "Right to Know", "Confined Space Entry" and "Airborne Blood Pathogens".
The Successful Respondent shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The Successful Respondent shall not employ, contract, hire, or retain any person who is not legally authorized under federal law to be employed in the United States, as set forth in 8 U.S.C. Section 132a(h)(3), as interpreted by any applicable federal rule or regulation and pursuant to Chapter 448.95 of the Florida Statutes. The City shall consider the employment by any Successful Respondent of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Respondent knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Respondent agrees to utilize the U.S. Agency of Homeland Security’s E-Verify System, https://everify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. The Successful Respondent shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. A sample E-Verify affidavit to be submitted to the City is attached.
By entering into this Contract, the Contractor and its Subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled “Employment Eligibility.” The Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees of the Contractor; (b) it has required all Subcontractors to this Contract to register and use the E-Verify system to verify the work authorization status of all new employees of the Subcontractor; (c) it has an affidavit from all Subcontractors to this Contract attesting that the Subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Contract. Registration information is available at: (http://www.uscis.gov/e-verify)
If the City has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, then the City shall terminate this contract in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, the Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that the Contractor shall be liable for any additional costs incurred by the City because of such termination.
In addition, if the City has a good faith belief that a Subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but the Contractor has otherwise complied with its requirements under those statutes, then the Contractor agrees that it shall terminate its contract with the Subcontractor upon receipt of notice from the City of such violation by the Subcontractor in accordance with Section 448.095(5)(c), Florida Statutes.
Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Contractor, or Subcontractor no later than twenty (20) calendar days after the date of contract termination.
Respondents should fully review the Draft Agreement in its ENTIRETY. Exceptions not expressly and timely taken by addendum process of clarifications to questions posed are expressly and unconditionally waived. A copy of the Draft Professional Services Agreement is attached to this solicitation.
The Contractor shall supply and use all pedestrian warning devices, overhead protection and any necessary barricade devices to keep the public or anyone other than the Contractors employees out of job sites. The Contractor shall furnish and post any required signs and overhead protection. The Contractor is responsible for the safety of the work site at all times.
Respondent affirms by the Form included in this Solicitation that it does not meet any of the criteria listed in Section 287.138 (2) (a) ---(c), Florida Statutes.
The Project Manager or other person designated by the Purchasing Division Purchasing Division Director to supervise the work shall have the right at any time to have tests made on any material used on the job. All expenses for tests shall be borne by the City of Hialeah, except the cost of re-testing materials which failed to meet the specifications and waiting time due to Contractor failure to be ready for tests when scheduled. The cost and scheduling of such re-testing shall be the responsibility of the Contractor. All re-testing shall be done by the testing laboratory which tested the failed samples. The Contractor will inform the City of his source of materials with sufficient time to secure the necessary samples and perform the necessary tests. The Contractor shall request and receive inspections of specific phases of work as required elsewhere in these specifications.
As work progresses, the Contractor must record all information pertaining to changes and deviations from the contract drawings with special attention to all underground installations. At the completion of the job, the Contractor shall submit a complete set of reproducible and in electronic form as-built drawings to the City. Additionally, the contractor shall maintain a field book with all deviations recorded. The completed as-built sketches and field books and electronic files shall become the property of the City. As-built information must be supplied with each pay request. Failure to provide as-built information is cause to reject pay requests.
Respondent affirms that it does not use coercion for labor or services it uses as defined in 787.06, F.S. Respondent, prior to entering into an Agreement with the City shall furnish an Affidavit, under penalty of perjury, that is does not use coercion for labor or services.
The Contractor shall preserve the existing sidewalk, if any, throughout the project unless otherwise directed by the Project Manager or other person designated in writing by the City Director or designee.
Prohibition Against Governmental Entity Contracts With Common Carrier or Contracted Carrier
By entering into, amending, or renewing this Contract, including, without limitation, a grant agreement or economic incentive program payment agreement (all referred to as “Contract”), as applicable, the Common Carrier or Contracted Carrier (collectively referred to as “Carrier” or “Contractor”) is obligated to comply with the provisions of Section 908.111, Florida Statutes (“F.S.”), titled “Prohibition against governmental entity contracts with Common Carriers,” etc. as amended, which is deemed as being incorporated by reference in this Solicitation. All definitions and requirements from Section 908.111, F.S. apply to this Solicitation.
This compliance includes Contractor providing an attestation that it is not willfully providing, nor will it willfully provide, any service during the Contract term in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from the State of Florida or the United States. This attestation by the Contractor shall be in the form attached to this solicitation in the response section - Common Carrier or Contracted Carrier Attestation Form and must be executed by Contractor and provided to the City of Hialeah when entering, amending, or renewing a Contract. The Contract shall not be effective unless and until Contractor executes and provides such attestation.
Additionally, the Contractor acknowledges and agrees that this Paragraph and the corresponding compliance with the requirements of Section 908.111, F.S., are deemed added to Section 2.22 of this Solicitation (LEGAL REQUIREMENTS). The Contractor further affirms that if it is found in violation of the required attestation, or of any requirement of the Contractor set forth in Section 908.111, F.S., such violation shall be just cause for immediate termination of the Contract by the City, without opportunity to cure, and exclusive of any procedures to cure set forth in elsewhere in the Contract for other events of default. Such termination shall be effective on the termination date stated in the written notice provided by the City and Contractor shall take all actions as provided for in of this Contract. If the City terminates this Contract for cause under this subsection, the City shall retain its rights under this Solicitation (1) terminate or cancel any other Contract(s) that such individual or corporation or other entity has with the City and that such individual, corporation or other entity shall pay all direct or indirect costs associated with such termination or cancellation, (2) debar Contractor from the City contracting in accordance with the City or other applicable debarment procedures.
When existing survey markers are removed or destroyed as a result of the construction, it shall be the responsibility of the contractor to replace them using a registered licensed surveyor. Hand and Rolled Asphalt Adjacent to Curb and Catch Basins:
Asphalt adjacent to curbs and asphalt aprons around catch basins shall be hand-rolled using a steel roller with a minimum weight of 200 pounds.
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Respondent(s) or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) or work will be awarded to any firm(s).
Punch list items must be completed within 30 days of completion of final work. Failure to complete punch list items shall result in a deduction from the Contractor's monthly invoice, an amount equal to the cost of incomplete punch list items. This amount shall be in addition to the 10% or other specified retainage.
At the option of the awarded respondent, the submission of any Response in response to this Solicitation constitutes a Response made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties, special districts, and cities.
Each governmental agency desiring to accept these Responses, and make an award thereof, shall do so independently of any other governmental agency. Each agency is responsible for its own purchases and each shall be liable only for goods, materials and/or services ordered and received by it and no agency assumes any liability by virtue of this Response excepting its own purchases.
The Contractor or designated representative shall supervise their employees when any work is being performed and it shall be the Contractor's responsibility to make sure the employees are following the plans. All plans' revision expenses caused by the Contractor's or his employees' fault are the sole responsibility of the Contractor.
The Respondent (Contractor) will be required to indemnify, defend (at its own cost and expense), save, and hold harmless the City in the Agreement in the manner provided herein: for itself, and for its officers, directors, employees, subcontractors, subconsultants, agents, representatives, successors, assigns, and any other individual or entity who may attempt to sue or be sued on the Respondent/Contractor’s behalf, hereby unequivocally agrees to protect, defend, indemnify, forever discharge, release, waive, save and hold harmless the City, its officers, whether elected or appointed, directors, employees, attorneys, contractors, agents, representatives, and all other persons, entities, organizations, and corporations affiliated therewith (all of whom collectively constitute the “City’s Released Parties"), from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs, or expenses, including court costs and attorney’s fees at all levels of proceedings (including administrative, trial and appellate levels), and from any judgments, orders, or decrees entered thereon or resulting therefrom, for any personal injury, loss of life, loss or destruction to property, claim for royalties, and /or other intellectual property rights, any alleged infringement of any other property rights, any statutory or strict liability claims or actions, or any other liability, loss, cost, or expense of whatever kind and premised on whatsoever theory of liability (all of which collectively constitute “Claims”), due to its negligent acts or omissions, arising out of, resulting from, relating to, incidental to, or in any way connected to the work , goods, and services agreed to or performed by the Respondent/Contractor under the Agreement. The obligation of the Respondent/Contractor under this Section is absolute and unconditional; to the extent allowed by applicable law or not otherwise prohibited, it is not conditioned in any way on any attempt by a City’s Released Parties to collect from an insurer any amount under a liability insurance policy, and is not subject to any set-off, defense, offset, deduction, crossclaim, or counterclaim that the Respondent/Contractor might have against the City’s Released Parties.
If a City’s Released Parties requests that the Respondent/Contractor defend it with respect to any legal proceeding for which the City’s Released Parties are entitled to indemnification, the City’s Released Parties may participate in the defense at the Respondent/Contractor’s sole cost and expense. The Respondent/Contractor shall advance or promptly reimburse to a City’s Released Parties any and all costs and expenses incurred by the City’s Released Parties in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the City’s Released Parties are entitled to indemnification under this Section, whether or not the City’s Released Parties is a party or potential party to it. This Section shall survive the cancellation or expiration of this Agreement. This Section will be interpreted to comply with Sections 725.06 and/or 725.08, Fla. Stat., as and if applicable. If any sentence or Section is judicially declared to be invalid it shall be severable and independent from the remainder of the Section which will continue in operative force and effect.
The City’s conflict of interest guidelines are contained in Chapter 26 of the City Code, as amended, and the guidelines shall apply to any Response submitted in response to this Solicitation. Each Respondent, City employee, Council member, and the Mayor also must comply with all applicable requirements set forth in Section 2-11.1 (Conflict of Interest and Code of Ethics Ordinance) of the Miami-Dade County Code of Ordinances and Florida Ethics Code, Sections 112.311-112.3261, Florida Statutes. Respondents should be aware that no Person under the City’s employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Solicitation may have any personal financial interest, directly or indirectly, with any vendor providing professional or other goods and/or services on work assigned to the Respondent, except as fully disclosed to and if approved by the City. No Person having such an interest shall be employed by the Respondent to work or consult on this project.
The cost of restoration of pavement or parkways shall be included in the unit cost of the item being constructed. No separate payment will be made for restoration.
The City complies with Sections 218.70-218.80, Florida Statutes (The Local Government Prompt Payment Act). Prompt payment is made within forty-five (45) days of the date on which proper invoicing is received for goods and services, and twenty-five (25) business days for construction services. These time limits will not apply if an invoice is improper/incomplete or is contested/ controverted.
Unless otherwise specifically permitted by the proper authorities, the Contractor shall at all times maintain the streets passable on which he is conducting his work. The contractor will maintain access to all houses, garages, etc., with the least possible interruption and shall conduct his work so that the inconvenience to all property owners adjacent to the work will be at a minimum. All property owners shall be notified in advance if access to their property is to be temporarily interrupted in case of any hardship resulting therefrom; the Contractor shall make suitable arrangements with the property owners to the satisfaction of the Director.
The Contractor shall provide all temporary signing, striping, detouring, barricading, signals, competent flagmen, and etc. required in accordance with the minimum requirements of the current Manual of Uniform Traffic Control Devices, latest edition , whenever and wherever needed for pursuance of the project, and/or as directed by the owner or designated representative. The Contractor shall supply the City or designated representative with a traffic maintenance plan. Use of Police must be approved in advance by the City of Hialeah. The Contractor may not submit additional charges for cost incurred for providing a Maintenance of Traffic plan.
The Contractor shall maintain the site of the work in a reasonable condition, shall avoid or promptly remove the accumulation of dirt, debris, etc., from streets and storage areas, shall control the creation of a dust nuisance by sprinkling or chloride treatment, shall limit noise, and vibration and take such other measure as may be reasonable or proper to avoid undue nuisance to surrounding property owners. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by his employees or work, or the employees or work of any of his subcontractors. The Contractor shall not stockpile materials at the project site unless approved in writing by the City Director or designee.
Pursuant to Section 2-815.1 of the City Code, Any responsible bidder, qualified bidder, or any qualified offeror, submitting a responsive bid or proposal, who is aggrieved in connection with the solicitation or the proposed award of a contract may file a written protest with the city clerk. The following procedures shall be used for resolution of protested formal solicitations and awards over the minimum bid amounts set forth in Section 2-812 the City Code, as amended:
When materials are installed that require applicator certification the contractor must provide the owner with documents verifying that the contractor is a current certified applicator certified by the manufacture. The contractor must meet any and all requirements by material manufacturers in order to apply the materials and to validate the application and qualify for all warranty/guarantee requirements.
Whenever two or more Responses which are equal with respect to price, quality, and service are received by the City (“tie responses”) for the purchase of commodities or contractual services, a Response electronically received first in time and verified by the Purchasing Director’s office will be given preference in the award process.
The Contractor is responsible for keeping job sites clean on a daily basis. The job site must be completely clean after the job and the Contractor must remove and dispose of all waste, trash and debris.
Each Respondent must provide proof of its ability to obtain insurance complying with the requirements specified in the Agreement. At a minimum, each Respondent shall submit an “Information Only Accord Certificate” demonstrating the Respondent’s ability to obtain the required level of insurance. Certificates of insurance complying with the requirements in the Agreement do not need to be submitted with the Response; however, certificates of insurance will be required before the City executes the Agreement with the Contractor. The Contractor must submit, prior to signing the Agreement, Certificates of Insurance naming the City of Hialeah as an additional insured for the insurance required by this Solicitation. The Contractor must ensure that all required insurance coverage remains current and in effect throughout the remainder of the term of the Agreement.
All insurers must satisfy the applicable requirements set forth in the Insurance Requirements and Insurance Checklist found in the Response of this Solicitation. The City’s Risk Manager must review and approve the insurers and the certificates of insurance before the City executes the Agreement with the Contractor.
THE CITY'S RIGHTS
In its sole and absolute discretion, the City may: reject any or all Responses; cancel and re-advertise this Solicitation; postpone or cancel this Solicitation process at any time; or waive any minor irregularities, technicalities, omissions, or mistakes in this Solicitation or in any Response received by the City. These, by definition, can never change prices or give a Respondent an advantage or benefit over any other Respondents.
The City shall have the sole and absolute discretion to determine: the manner and extent to which the City will investigate a Respondent’s qualifications; whether a Respondent is responsive and responsible; whether a Respondent will be awarded the Agreement; and whether any award will be made as a result of this Solicitation. In addition to these rights, the City reserves unto itself all other rights, privileges, and immunities provided by law, custom, Home Rule Powers, and regulations. The City expressly reserves the rights to reject some or all of the responses, to re-advertise/re-bid, and/or reject the award/execution of any Agreement.
In no event will any successful challenger of any decision taken by the City in this procurement process be automatically entitled to an award of the Agreement.
The submittal of a Response shall constitute an offer by the Respondent to provide the goods/services described in this Solicitation, subject to and in compliance with the requirements in the Agreement.
There shall be no contractual expectations as a result of the response being awarded. If a contract is fully executed then work under the contract may commence once the City issues a Work Order, Notice of Commencement or Notice to Proceed, as applicable.
BY SUBMITTING A RESPONSE, EACH RESPONDENT ACKNOWLEDGES AND AGREES THAT THE RESPONDENT ACCEPTS ALL OF THE TERMS, CONDITIONS, AND LIMITATIONS IMPOSED ON THE RESPONDENT IN THIS SOLICITATION AND ANY APPENDED AGREEMENT (CONTRACT).
RULES, REGULATIONS, AND REQUIREMENTS
Each Respondent shall comply with all applicable laws, including but not limited to all local, state, and federal laws, codes, ordinances, rules, and regulations applicable to this Solicitation and the services required in the Agreement.
Time is of the essence in the commencement, progress, and completion of the Work. Upon failure to begin or complete the project or each stage of the work in accordance with the contract documents, and proposal, and to the satisfaction of the City within five (5) working days of the time allowed, the bidder may be subject to charges for liquidated damages in the amount of $500.00 for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said liquidated damages from any amount due or that may become due to the bidder under this agreement or to invoice the bidder for such items if the costs incurred exceed the amount due to the bidder. The Contractor by the act of submitting a response expressly agrees to the procedure provided for in this Section.
The Successful Respondent(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Respondent(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from the date damage occurred).
Sealed Responses will be received for the Solicitation through the City of Hialeah e-Procurement Portal located at https://procurement.opengov.com/portal/cityofhialeahfl.
Each Response submitted to the City must include all of the original completed Response forms to include original electronic/digital signatures, and all of the information requested in the Response forms and this Solicitation. Responses may be considered “non-responsive” if the required information is not submitted with the Response, particularly with any "must" requirements that are stated in mandatory terms in the solicitation.
Before submitting a Response, each Respondent shall make all investigations and examinations necessary to determine whether any addenda to this Solicitation were issued by the City’s Purchasing Department. It is the responsibility of the Respondent to ensure all addenda have been received before submitting a Response.
All responses should include ALL fees, including shipment, delivery, and related charges (if any). Shipments must be via “FOB Destination “arrangements.
If any major dispute arises between the City and Contractor regarding the meaning or requirements of any part of this Agreement and no agreement is reached; such dispute shall be submitted first to the Mayor of the City who shall make a final decision. If the Contractor disagrees with the decision, the Contractor may elect arbitration under the rules of the American Arbitration Association. Any dispute arising out of or relating to the Agreement shall be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association. The City and Contractor shall share equally the expense of an arbitrator and each party shall bear their own costs and attorney’s fees. A major dispute is defined as a dispute with respect to material terms of this Agreement such as Contract Time, Contract Sum, Scope of Work, Experience of Workforce or Contractor, Quality or Performance of Work, Bond, Insurance or Indemnity that cannot be resolved amicably among the parties within a reasonable period of time. Pending resolution of a claim or dispute, unless otherwise agreed to by the parties, the Contractor shall proceed diligently with performance of the Agreement; provided the City is diligently performing all other obligations under the Agreement except those obligations that gave rise to the claim or dispute. Any other dispute shall be resolved by the City Project Manager, whose decision shall be binding on the City.
If the contractor desires to make a claim for enlargement to the Contract Time as a result of circumstances or events beyond the Contractor’s control and not as a result of the Contractor’s delay other than Force Majeure, written notice shall be given in a timely fashion prior to or contemporaneously with the event or circumstances that necessitates the claim; or within 7 days of the event. The Contractor's claim shall include a cost estimate and describe the probable effect of delay on progress of the Work.
Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections or in any other manner than as required in this Solicitation. The City of Hialeah strongly recommends completing and submitting your response well ahead of the deadline.
Respondents shall submit all inquiries regarding this Solicitation via the City of Hialeah e-Procurement Portal, located at https://procurement.opengov.com/portal/cityofhialeahfl. Please note the deadline for submitting inquiries. Late inquiries will not be considered. All answers to inquiries will be posted on the City’s e-Procurement Portal. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries.
The Solicitation number and title must be identified in all correspondence. Be sure to include the page and paragraph number of the Solicitation for each question and suggestion to ensure that they are responded to correctly. All questions and suggestions must be delivered no later than Tuesday, April 21, 2026 at 2:00 pm. Each Respondent shall be deemed to have waived all objections to the terms of this Solicitation that are not submitted to the Purchasing Division Director in compliance with the requirements and deadline in this Section.
The City will only respond to questions timely submitted to the City via the e-procurement Portal.
NO ORAL QUESTIONS OR SUGGESTIONS WILL BE ADDRESSED BY THE CITY. NO QUESTIONS WILL BE ACCEPTED AFTER THE DEADLINE FOR SUBMITTING WRITTEN QUESTIONS ON THE E-PROCUREMENT PORTAL.
The City’s official responses to questions and suggestions will be issued in an addendum to this Solicitation. Respondents may not rely on oral or written statements provided by the City, unless such statements are contained in a written addendum to this Solicitation. It is the Respondent’s sole responsibility to ensure the Respondent receives all addenda.
The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract.
Changes to the Work may be accomplished after execution of the Agreement, and without invalidating the Agreement, by written Change Order. A Change Order may represent a change in the Work, an adjustment in the amount of the Contract Sum and an adjustment in the Contract Time. No claims, demands or invoices whatsoever for extra work will be considered or paid unless provided in a written Change Order duly authorized and signed by the City. The City has administrative authority to execute Change Orders that do not exceed the contingency expenditures reserve amount of 10% of the Contract Sum. If the Change Order exceeds contingency reserves then such Change Order may require approval or authorization by resolution of the City Council and the Mayor. The Contractor shall not perform any change in the Work without first receiving a written, executed and valid Change Order. A Change Order is a written instrument prepared by the Contractor and signed by the City, stating their agreement upon all of the following: A change in the Work, the amount of the adjustment in the Contract Sum, if any, and the extent of the adjustment in the Contract Time, if any.
When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for preservation, presentation and resolution of the claim.
Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding against the City for the items and for the sums or time set forth in the Contractor’s certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim.
No construction work shall be performed by convict labor at the work site or within the limits of any Federal-aid highway construction project from the time of award of the contract or the start of work on force account until final acceptance of the work by the STD unless it is labor performed by convicts who are on parole, supervised release, or probation.
No procedures or requirement shall be imposed by any State which will operate to discriminate against the employment of labor from any other State, possession or territory of the United States, in the construction of a Federal-aid project.
Contract Time:
The Respondent shall substantially complete all assigned Work within the time specified in the Notice to Proceed, calculated in calendar days from the issuance date of the Notice to Proceed by the City ("Performance Period"), unless the Performance Period is extended. The Respondent shall submit a performance schedule identifying the phases and progress of Work and providing a period of completion for each phase of work for review and acceptance by the City prior to commencement of Work. The Respondent shall pursue all phases of the Work diligently to completion as set forth in the approved performance schedule.
Contract Time Extensions:
The City may grant an extension of the Performance Period when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of response. The City may allow such extension of time only for delays occurring during the Performance Period or authorized extensions of the Performance Period. When failure by the City to fulfill an obligation under the Contract results in delays to the controlling items of work, the City will consider such delays as a basis for granting a time extension to the Contract.
The sum of the duration of the initial Indefinite Delivery/Indefinite Quantity (ID/IQ) contract and any optional contract extension shall not exceed five years.
Work performed by equipment-rental agreement:
For any work proposed to be performed by equipment-rental agreement, Contractor agrees to notify the City in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non-operated basis. Contractor agrees to include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment.
The operators of all rented equipment, whether rented on an operated or a non-operated basis are operators subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on an operated basis, and when required by the Contract or requested by the City, furnish payrolls from the lessor with the names of the operators shown thereon.
When a lessor provides rentals of equipment on an operated basis that exceeds $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project.
All parties affiliated with this project agree to comply with s. 20.55(5). F.S., and to incorporate in all subcontracts the obligation to comply with s. 20.055(5). F.S. It is the duty of the Contractor and subcontractors to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this project.
This contract will require that the Contractor comply with the provisions contained in FHWA-1273.
A copy of the FHWA-1273 provisions are included in this IFB and the electronic version, dated October 23, 2023 is posted on the Florida Highway Administration’s website at the following URL address: https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf
The Respondent must comply with all applicable Federal Labor Standards Provisions to this project. A copy of Form HUD-4010 is included in this IFB.
For this Contract, payment of predetermined minimum wages applies.
This project is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
The U.S. Department of Labor Wage Rates applicable to this Contract are provided in the attachment section of this IFB. In instances where the Wage Rate Determination is modified or replaced by the U.S. Department of Labor during the project’s advertisement period, contractors must take into account and adhere to the Wage Rate Determination in effect up through ten days prior to the opening of the solicitation responses. Contractors are responsible for obtaining the applicable Davis-Bacon Act (DBA) Wage Rate Determination through the Wage Determinations web site (https://sam.gov) and ensure that employees receive the minimum wages applicable.
Contractors are responsible for determining the appropriate staffing necessary to perform the contract work and are also responsible for complying with the minimum wage and benefits requirements for each classification performing work on the contract. If a classification considered necessary by the contractor for performance of the work is not listed on the applicable Wage Rate Determination, the contractor must initiate a request for approval of an additional classification along with the proposed wage and benefit rates for that classification.
Instructions for completing Payroll Form WH -347 and Payroll Form WH-347 are included in the attachments section of this IFB, for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.
The Federal Endangered Species Act requires that the City of Hialeah, in conjunction with the Florida Department of Transportation investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the City’s investigation determines that there is a potential impact to a protected, threatened or an endangered species, the City will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed in the Contract Documents or permits.
In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, FDOT has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project.
These guidelines are posted at the following URL address:https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/urlinspecs/files/endangeredwildlifeguidelines.pdf?sfvrsn=e27baf3f_2.
Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities.
Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Submit this notification at least 30 days in advance of planned commencement of the off-site activity, to allow for the City to conduct an investigation without delaying job progress.
Do not perform any off-project activity without obtaining written clearance from the Engineer. In the event the City's investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off-project activities.
Section 4(f) of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use.
Before undertaking any off-project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources Survey discussed in 120‑6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity, the Financial Project ID, the location of the site by township, range, section, a county or city map showing the site location, including the access route and the name of the property. It is the Contractor’s responsibility to submit justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Submit this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off-project activity without obtaining written clearance from the Engineer.
The contractor warrants that the Work is constructed in a good workmanlike manner in accordance with the approved plans and all applicable standards and specifications, and will be free from defects for a period of time, as detailed in this section, from the date of Final Acceptance (“Warranty Period”). Asphalt pavement consisting of asphalt concrete structural course and asphalt concrete friction course, subject to a three (3) year warranty period after final acceptance. Portland Cement Concrete Pavement (Concrete Pavement), subject to a five (5) year warranty period after final acceptance. Aluminum light poles are subject to a one (1) year warranty period after final acceptance. Luminaires are subject to a one (1) year parts and labor warranty period, and a ten (10) year manufacturer's warranty period after final acceptance. All other general physical components of the project not explicitly mentioned in this section will subject to a twelve (12) month warranty period. During the Warranty Period, Contractor shall make all needed repairs or replacements to any of the components of the Work constructed that are deemed defective by the City, in the City’s sole discretion.
Each Respondent shall submit a letter of intent, which shall be signed by an authorized officer of the company or other Person authorized to bind the Respondent to the terms presented in its Response. The letter of intent must expressly state that the Respondent will provide the services requested in the Solicitation, in compliance with the terms in the Agreement, for the prices submitted with the Response.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete, and upload.
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
Please download the below documents, complete and have notarized.
If yes, please download the below documents, complete, and upload completed.
If no, please download the form and upload blank.
If yes, please download the below documents, complete, and upload completed.
If no, please download the form and upload blank.
Please download the below documents, complete, and upload.
Please download the below documents, complete and have notarized.
The Bidder shall complete and submit the Bid Bond Form. AN ORIGINAL COPY OF THE BOND MUST BE RECEIVED PRIOR TO THE CLOSING DATE OF THE SOLICITATION IN ORDER FOR YOUR SUBMITTAL TO BE CONSIDERED RESPONSIVE. The bond must be delivered DIRECTLY to the Purchasing Division Office located at 501 Palm Avenue, 4th Floor, Hialeah, FL 33010. The office is open during normal business hours M-F 8:30 am-5 pm (excluding city-recognized Holidays).
Please download the below documents, complete and have notarized.
Please download the below documents, complete, and upload.
To be establish responsibility the Respondent cannot have one (1) or more of the following circumstances.
A. Not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is not a debtor or in default to the City ; or is not a , guarantor, maker, or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City; or
B. Not have any record of any pending lawsuit(s) or unsatisfied civil judgments against the Respondent or conviction(s) of criminal acts including, without limitation, any crimes involving fraud or moral turpitude, fraud, deceit, or have ever been declared bankrupt or had a receiver appointed over their property or been the subject of an assignment for the be benefit of creditors in the past seven (7) years.
C. Not be on the convicted vendor list per “Public Entity Crimes”, Section 287.133, Fla. Stat and/or the Discriminatory Vendor List”, Section 287.134, Fla. Stat. or.
D. Not have been debarred within the past seven (7) years by any public agency in Florida
These findings of responsibility will apply jointly and severally to the Respondent as a business entity and to a member, principal, officer, or stockholder of the Respondent.
RESPONDENT MEETS ONE (1) OR MORE OF THE FOLLOWING CIRCUMSTANCES.
If YES to the Litigation and Debarments question, please disclose within this text window. Failure to disclose any circumstances listed above shall result in a response being deemed NON-RESPONSIVE.
If NO to the Litigation and Debarments question, please label this section as N/A".
Each Respondent must confirm that the Respondent does not violate any of the following conflicts of interest provisions:
(a) To the best of its knowledge, no officer, director, agent, or employee of the Respondent, or any relative of an officer, director, agent, or employee of the Respondent, is also an employee of the City.
(b) To the best of its knowledge, no City employee owns, directly or indirectly, an interest of five percent (5%) or more in the Respondent’s firm or any of its subsidiaries or affiliates.
(c) The Respondent does not directly or indirectly own or have a financial interest in more than ten percent (10%) of any other Respondent, regardless of whether such ownership is direct or through a parent, subsidiary, affiliate, other agreement or arrangement, or holding company of any other business entity.
Each Respondent shall list and describe any professional or financial relationship that it has or had with the City, its elected or appointed officials, any employees or agents, or any of its agencies or component units, during the past five (5) years (i.e., since January 1, 2019), together with a statement explaining why each relationship do not constitute a conflict of interest relative to the services sought in this RFP. The
Respondent shall have an ongoing obligation to give the Purchasing Division Director prompt written notice of any other professional or financial relationships that it enters into with the City, its elected or appointed officials, its employees or agents, or any of its agencies or component units before the Agreement is executed.
Each Respondent must list all relationships that present potential, actual, or perceived conflicts of interest in connection with the Respondent’s potential work under this Solicitation. Concerning each such conflict, please provide a brief explanation of the facts and issues involved in the potential conflict. If the Respondent is not aware of any potential conflict, the Respondent should state there are no such conflicts expressly.
Each Respondent must identify all persons that are involved with this Solicitation on behalf of the Respondent. In addition to the representatives previously addressed by the Respondent in their response to this Solicitation, please identify the names of any person serving as the Respondent’s lawyer, lobbyist, or public relations representative with regard to this Solicitation. The Respondent also must promptly notify the City Clerk in writing if any person is added to this list after the submittal of the Proposal.
If the Respondent is participating in any discussions concerning a merger, acquisition, partnership, or assignment of the Agreement, please identify the other person(s) that may be participating in the work performed under the Agreement.
RESPONDENT MEETS ONE (1) OR MORE OF THE FOLLOWING CIRCUMSTANCES.
If YES to the Conflicts of Interest and Ethics question, please disclose within this text window. Failure to disclose any circumstances listed above shall result in a response being deemed NON-RESPONSIVE.
If NO to the Conflicts of Interest and Ethics question, please label this section as N/A".
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
The Contractor must certify that they have the financial capacity to complete the project. It is required that the Contractor download, complete, and submit attached form FDOT form # 525-101-46.
Bidder must download FDOT form #375-030-33 and FDOT form #375-030-034d, complete, and upload.
Please download the non-collusion declaration and compliance with 49 CFR §29.110(a) form, complete, and upload.
Please download the vendor eligibility check prior to contract award form, complete, and upload.
To be establish responsibility each Respondent must provide information demonstrating that the Respondent will be able to dedicate sufficient capable personnel, inventory, materials, equipment, and other resources to perform the work required under the Agreement. Each Respondent must identify and describe the resources it has available to serve the City.
To be establish responsibility each Respondent shall submit proof that a Respondent is a Person who is licensed or authorized to complete the fencing and netting installation required in this Solicitation and is licensed to do business in the State of Florida and in “Good” standing.
A. Respondent must submit a list of all contractor licenses required to perform the fencing, netting, gate installation, and associated work described in this Solicitation.
B. Respondent must submit proof that they are an active business entity authorized to conduct business in the State of Florida.
C. Respondent must submit a copy of a valid Business Tax Receipt (BTR).
To be establish responsibility each Respondent must submit proof that it has completed a minimum of three (3) contracts within the last four (4) years, in which the Respondent provided Florida cities, counties or other Florida governmental agencies; or alternatively, each Respondent must submit proof that it has worked on a minimum of one (1) contract of substantially similar scope of services and value/cost, within the last four (4) years, in which the Respondent provided similar services to non-governmental entities; or a combination of both with at least two contracts being for work performed for a government entity.
Do not include references from the City of Hialeah.
For each such contract, the Respondent must provide the following information:
Name telephone number and email address for your client's contact person or representative for each contract.
A narrative description of the services performed.
To be establish responsibility each Respondent must submit proof that it has completed a minimum of three (3) contracts within the last four (4) years, in which the Respondent provided Florida cities, counties or other Florida governmental agencies; or alternatively, each Respondent must submit proof that it has worked on a minimum of one (1) contract of substantially similar scope of services and value/cost, within the last four (4) years, in which the Respondent provided similar services to non-governmental entities; or a combination of both with at least two contracts being for work performed for a government entity.
Do not include references from the City of Hialeah.
For each such contract, the Respondent must provide the following information:
Name telephone number and email address for your client's contact person or representative for each contract.
A narrative description of the services performed.
To be establish responsibility each Respondent must submit proof that it has completed a minimum of three (3) contracts within the last four (4) years, in which the Respondent provided Florida cities, counties or other Florida governmental agencies; or alternatively, each Respondent must submit proof that it has worked on a minimum of one (1) contract of substantially similar scope of services and value/cost, within the last four (4) years, in which the Respondent provided similar services to non-governmental entities; or a combination of both with at least two contracts being for work performed for a government entity.
Do not include references from the City of Hialeah.
For each such contract, the Respondent must provide the following information:
Name telephone number and email address for your client's contact person or representative for each contract.
A narrative description of the services performed.
Each Response must be accompanied by a list of three (3) references, which shall include the name of the company, dates of contract, description of the completed work or goods supplied, a contact person and the current telephone number. Each reference may be either public or private entities, but must be distinct and cannot be duplicated. Do not include references from the City of Hialeah, and please. NO RESPONSE WILL BE CONSIDERED WITHOUT THIS WRITTEN LIST OF REFERENCES. IT WILL BE DEEMED NON-RESPONSIVE.
Each Response must be accompanied by a list of three (3) references, which shall include the name of the company, dates of contract, description of the completed work or goods supplied, a contact person and the current telephone number. Each reference may be either public or private entities, but must be distinct and cannot be duplicated. Do not include references from the City of Hialeah, and please. NO RESPONSE WILL BE CONSIDERED WITHOUT THIS WRITTEN LIST OF REFERENCES. IT WILL BE DEEMED NON-RESPONSIVE
Each Response must be accompanied by a list of three (3) references, which shall include the name of the company, dates of contract, description of the completed work or goods supplied, a contact person and the current telephone number. Each reference may be either public or private entities, but must be distinct and cannot be duplicated. Do not include references from the City of Hialeah, and please. NO RESPONSE WILL BE CONSIDERED WITHOUT THIS WRITTEN LIST OF REFERENCES. IT WILL BE DEEMED NON-RESPONSIVE
By submitting their response and price proposal, the respondent certifies they have followed all solicitation rules and are making a legally binding offer to accept any resulting award.
The Respondent certifies that this response and price proposal is submitted in accordance with the solicitation specifications and conditions governing this Solicitation, and that the Respondent will accept any award(s) made to them as a result of this Solicitation.
This confirmation constitutes the unequivocal offer of the Respondent to be bound by the terms of its response and price proposal.
If no account has been designated, please see OMB before continuing.
If no account has been designated, please see OMB. Be as detailed as possible when describing the funding source.
Please choose the applicable option
Please choose the applicable option
Please choose the applicable option
Please choose the applicable option
Note: A self-performance requirement sets a minimum percentage of work that the contractor must complete in this project rather than utilize subcontractors.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
SamSearch Platform
AI-powered intelligence for the right opportunities, the right leads, and the right time.