ITB# 202613-Wittkop Park Water Treatment Facility Project (Chlorination)

The purpose of this Invitation to Bid (ITB) is to establish a contract, by means of sealed Bids, from a qualified, experienced and licensed State of Florida contractor to provide all labor, materials, equipment, permits, services and incidentals necessary to complete the work as required all in conformance with the Contract Documents and applicable Federal provisions for the City of Homestead Wittkop Park Water Treatment Facility (Chlorination) Project. The Contractor shall also comply with all State of Florida Department of Commerce (Commerce) and Department of Housing and Community Development Block Grant Mitigation Program (CDBG-MIT) requirements pursuant to Agreement No. I0128 between State of Florida Department of Commerce and the City of Homestead.

This project is federally funded through the State of Florida Department of Commerce (Commerce) and the Department of Housing and Community Development with Community Development Block Grant Mitigation Program (CDBG-MIT) funds per the requirements of the Federal Register (FR) notice 84 FR 45838 (August 30, 2019) and as such Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The guidelines under 2 CFR 200, Title 23, and 23 CFR shall apply to this contract in order to be eligible for reimbursement under the Public Assistance Program.

Note that Bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in Attachment G; and that the Contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin.

All procurement and contracting for these services shall follow state and federal regulations including but not limited to 2 CFR Part 200; 24 CFR Part 1, 24 CFR Part 6, 24 CFR Part 75 (Section 3 Compliance); 24 CFR Part 85; 24 CFR Part 570.490, 570.506, 570.508, & 570.609 as well as Attachment L-Contract Provisions (locate in Attachment E-Grant Agreement and Amendments). In compliance with 2 C.F.R. § 200.321 the City shall take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprise and labor surplus area firms are used when possible. The City of Homestead is an Equal Opportunity Employer and encourages participation from MBE/WBE/DBE businesses. Prime contractor is encouraged to take affirmative steps to assure participation of MBE/WBE/DBE businesses as subcontractors as well.

Background

The City of Homestead owns and operates water treatment facilities and a water distribution system that serves City residents and businesses and certain Miami-Dade County customers. Following Hurricane Irma, an engineering assessment recommended that the City of Homestead's chlorine disinfectant system be replaced with new equipment that will be able to withstand the potential impacts of a major hurricane while increasing energy efficiency and effectiveness of the treatment process. A portion of the project includes a new pre-engineered, factory-built chlorine processing building to be reassembled on site.

Bidders should review the Florida Department of Commerce Grant Agreement I0128, and amendments A1, A2, A3, paying close attention to the federal requirements associated with this grant involving compliance with Davis-Bacon Act and Section 3 Reporting (see Agreement I0128 pages 36-37 & 43-44). In addition, the below grant terms and conditions will be adhered to upon award and throughout the project:

the period of performance or date of completion;
the performance requirements;
that the contractor is bound by the terms of this Agreement;
that the contractor is bound by all applicable State and Federal laws, rules, and regulations;
that the contractor shall hold Florida Department of Commerce and City of Homestead harmless against all claims of whatever nature arising out of the contractor’s performance of work under this Agreement;
the obligation of the City of Homestead to document in its Subrecipient reports the contractor’s progress in performing its work under this Agreement;
the requirements of 2 CFR Appendix II to Part 200 – Contract Provision for Non-Federal Entity Contract Under Federal Awards – (refer to Attachment L of Agreement I0128)
the federal safety requirements applicable to the construction and installation of chlorine disinfection systems, including 29 CFR § 1910.119 (Process Safety Management of Highly Hazardous Chemicals), as applicable.
the applicable requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and its implementing regulations at 24 CFR Part 75. This includes the obligation to report labor hours worked, in accordance with 24 CFR § 75.25, and shall provide all information necessary for the City to meet its Section 3 reporting obligations to the State of Florida Department of Commerce and HUD.

From Attachment D of Grant I0128, the awarded contractor will timely submit completed forms for all prime and subcontractors as required by this Agreement, Florida Department of Commerce, HUD, and applicable, regulations and guidance laws, specifically including but not limited to:

Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions);
Section 3 Participation Report (Construction Prime Contractor);
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and
Section 3 Participation Report (Construction Subcontractor)

Per the Environmental Protection Agency's (EPA) Risk Management Program (40 CFR 68), the contractor will be required to submit the Contractor Qualification Safety Forms with the submittal package. Please review these documents carefully to understand the requirements of this project.

Project Details

Reference ID: 202613
Department: Public Works
Department Head: Cairo Cangas (Director of Public Works)

Important Dates

Questions Due: 2026-04-15T21:00:53.327Z
Pre-Proposal Meeting: 2026-03-17T14:00:26.626Z — A NON-MANDATORY pre-bid conference and site inspection will be held on the date and time listed above in the Procurement & Contract Services Department conference room located at 450 SE 6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-bid conference. You may submit questions via the Questions & Answer tab. A site inspection of the project location will be held immediately after the Pre-Bid Conference. ***NOTE*** Any Bidder attending this site inspection is required to complete the Site Inspection Indemnity Form (see attachment) or bring a copy of their certificate of insurance evidencing statutory worker’s compensation coverage to the pre-bid meeting as these forms will be reviewed prior to anyone going to the Site Inspection. Bidders who do not supply this information will not be permitted to attend the site inspection. Virtual Option for Pre-Bid Meeting: Microsoft Teams meeting Join: https://teams.microsoft.com/meet/29896364844152?p=IxWRZAo0KCpS28DDb4 Meeting ID: 298 963 648 441 52 Passcode: Vx3rp2DA ________________________________________ Dial in by phone +1 929-346-7292, Phone conference ID: 615 329 738#

Addenda

Official Notice #1: Pre-Bid Sign In Sheet 03/17/2026 & Presentation (released 2026-03-17T16:43:29.829Z)
Addendum #1 (released 2026-03-20T16:33:01.459Z) —
Responses to Questions received via Question and Answer Tab.
Revisions to ITB Document:
- Addition to COH Forms – Federal
  1. Updated: Attachment M: Contracting with Small Business, Minority Businesses, Women’s Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area
  2. Added: Attachment P: Bidder Acknowledgement of Davis-Bacon and Related Acts (DBRA) Requirement.
- Addition to COH – Federal Contract Provisions-HUD
  1. Added HUD Clauses
- Revision Price Line #13: Permit, Fees, and Inspections: Enter 3% of total bid price. Price sheet has been updated to reflect this change.
Please use the See What Changed link to view all the changes made by this addendum.
Addendum #2 (released 2026-04-02T20:27:29.985Z) —
Extension of bid due date.
Please use the See What Changed link to view all the changes made by this addendum.
Addendum #3 (released 2026-04-15T21:13:23.268Z) —
Responses to Questions received via Question and Answer Tab.

Evaluation Criteria

FEDERAL PROVISIONS —

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

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

Contract Remedies	Clean Air Act & the Federal Water Pollution Control Act
Termination for Cause of Convenience	Debarment and Suspension
Equal Employment Opportunity	Byrd Anti-Lobbying Amendment
Copeland Anti-Kickback Act	Procurement of Recovered Materials
Contract Work Hours and Safety Standards Act	Prohibition on Contracting for Covered Telecommunications Equipment or Services
Rights to Inventions Made Under a Contract or Agreement	Domestic Preferences for Procurements
Access to Records	Affirmative Socioeconomic Steps
Changes & Modifications	Copyright
Use of DHS Seal, Logo, and Flags	2 CFR Part 200.318 through 200.327
Compliance with Federal Law, Regulations, and Executive Orders	Debarment 24 CFR 570.609
No Obligation by Federal Government	24 CFR Part 75 (Section 3 Compliance)
Program Fraud and False or Fraudulent Statements or Related Acts	Section 6002 of the Solid Waste Disposal Act

2 CFR Part 200—

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

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

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

Contracting with small and minority businesses, women’s business enterprises, and area labor surplus firms (2 C.F.R. Part 200.321).
Domestic preferences for procurements (2 C.F.R. Part 200.322).
Procurement of recovered materials (2 C.F.R. Part 200.323).
Federal awarding agency and pass-through entity review (2 C.F.R. Part 200.325).
Contract provisions (2 C.F.R. Part 200.327 and Appendix II).
Recordkeeping requirements (24 C.F.R. 570.490).
Records to be maintained (24 C.F.R. 570.506).
Public access to program records (24 C.F.R. 570.508).
Project files must be retained and accessible for a period of SIX (6) years following the end of the project, whether close-out or termination.

SOLICITATION INFORMATION —
The City’s Procurement and Contract Services Department is the official source to obtain information relating to City of Homestead procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:
Solicitation documents are available for download from the City's e-Procurement Portal ("Portal"): https://procurement.opengov.com/portal/cityofhomestead
You may also contact the Procurement and Contract Services Department at (305) 224-4620 or visit us during normal business hours, to obtain award information and other documents at:
City of Homestead
Procurement & Contract Services Department
450 SE 6^th Avenue
Homestead, FL 33030

Please remember, email notification is provided as a courtesy to our Respondents, but it is the Respondent's responsibility to check with the City of Homestead’s Portal at: https://procurement.opengov.com/portal/cityofhomestead for current solicitations and other procurement information.
We appreciate your interest in doing business with the City of Homestead.
GENERAL: —
The work to be performed under this contract shall consist of furnishing all equipment, materials, supplies, permits and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents (attached herein). The work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the City.
The work shall be in accordance with the attached drawings and specifications which consists of furnishing all equipment, superintendence, labor, skill, material, permits and all other items necessary for the Wittkop Park Water Treatment Facility Project (Chlorination).
The Contractor shall comply with all applicable occupational safety and health requirements related to the work, including but not limited to the Occupational Safety and Health Administration’s (OSHA) Process Safety Management of Highly Hazardous Chemicals standard at 29 CFR § 1910.119. This project involves the installation, modification, and operation of chlorine gas disinfection systems, which constitute a covered process under the Process Safety Management standard. The Contractor shall be solely responsible for ensuring full compliance with all PSM requirements, including but not limited to hazard analysis, operating procedures, training, mechanical integrity, management of change, and documentation.
The Contractor shall also comply with all State of Florida Department of Commerce (Commerce) and Department of Housing and Community Development Block Grant Mitigation Program (CDBG-MIT) requirements pursuant to Agreement No. I0128 between State of Florida Department of Commerce and the City of Homestead.
The contractor shall perform all work required for such construction in accordance with the Contract Documents and subject to the terms and conditions of the Contract, including all applicable federal provisions, complete and ready for use. The work generally consists of, but is not necessarily limited to the following:
1. Construct the chlorine tank building: located at 505 NW 9th Street. Work includes complete construction of the following:
  1. Chlorine Tank Building
  2. Chlorine Tank Building Accessories
  3. Prefabricated Process Building
  4. Installation of Prefabricated Process Building
  5. Installation of Driveway
  6. Chlorine Gas Disinfectant System
  7. Control Screens
  8. Installation of PPE Storage
  9. Associated site improvements
  10. Fencing/gate installation and modification
  11. Construction permitting processing (permit fees to be paid by the contractor and reimbursed by the City)
2. The work set forth within the attached bid documents includes the furnishing of all labor, materials, equipment, permits, services and incidentals for the Wittkop Park Water Treatment Facility Project (Chlorination), including all items listed above as well all appurtenant work, complete, tested and ready for operation, all in conformance with the Contract Documents and applicable federal provisions.
Please refer to the attached bid documents in Section 9:
- Attachment A - Plans & Drawings
- Attachment B - Project Specifications
- Attachment C - Pre-Fab Building Specification
ARTICLE 1 - DEFINITIONS —
When used in these Contract Documents (defined below). Or in related documents, the following terms, or pronouns are used in place of them, shall have the meanings given below:
1. Addendum: A modification of the Plans, Specifications or other Contract Documents distributed to prospective Bidders prior to the opening of Bids.
2. Advertisement for Bids: The public notice inviting the submission of Bids for the work.
3. Architect/Engineer: The Architectural or Engineering firm which prepared these Contract Documents and which acts as the City of Homestead’s agent in administration of the Contract.
4. Beneficial Occupancy: The City may, in its sole discretion, occupy any portion of the Work prior to Substantial Completion of the work. This will not relieve the Contractor of its obligation to fully complete the work in accordance with the Contract Documents.
5. Bid: The written offer of a Bidder to perform the work.
6. Bid Bond: A bond executed by a Bidder and its Surety in the attached form guaranteeing that the Bidder, if awarded the Contract will execute the same and will timely furnish the required Performance Bond, Payment Bond, and evidence of Insurance.
7. Bidder: Any individual, firm, partnership or corporation submitting a Bid in accordance with the Instructions to Bidders.
8. Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Technical Specifications and Plans, together with all Addenda.
9. Bid Form: The form on which Bids are submitted.
10. Bulletin: Any written document initiated by the Architect/Engineer, advising the Contractor of proposed alterations, revisions, additions and deletions in the work and requesting itemized price quotations for such proposed changes.
11. Calendar Day: Every day shown on the calendar.
12. Change Order: A written agreement executed by the City, the Contractor and the Contractor’s Surety, covering modifications to the Contract recommended by the Architect/Engineer and approved by the City Manager and/or City Council.
13. City: A political subdivision, Incorporated City within Miami-Dade County of the State of Florida, whose governing body is a City Council consisting of a Mayor, Vice Mayor and five City Council members.
14. City Manager: The manager of City of Homestead, Florida.
15. Contract: The written agreement between the City and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration.
16. Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Supplemental Provisions, Technical Specifications and Plans, together with all Addenda, Change Orders, Schedules and Shop Drawings.
17. Contractor: The individual, firm, partnership, corporation or joint venture whose Bid is accepted and who enters into a Contract with the City of Homestead and who is liable for the acceptable performance of the work and for the payment of all legal debts pertaining to the Work.
18. Contract Time: The number of days allowed for completion of the work. The Contract Time will be stipulated in the Bid Form, unless extended by a Change Order. All contract time shall be measured in calendar days.
19. Days: Reference made to Days shall mean consecutive calendar days.
20. Delays: May be Excusable or Non-Excusable. Excusable Delays may be Compensable or Non-Compensable, as further defined within the text of these General Conditions.
21. Direct Costs: Direct Costs recoverable by the Contractor as a result of changes in the Work shall be limited to the actual additional costs of labor and materials installed as part of the Work and for the reasonable additional cost of rental for any Special Equipment or Machinery. Labor shall be limited to site labor costs, including Employers Payroll Burden. Specifically excluded from labor are the costs of general foremen and site office personnel. Materials are limited to permanent materials required by the drawings and specifications and materials approved by the Architect/Engineer as necessary to install the permanent materials in an efficient and workmanlike manner. Rental for Special Equipment and Machinery shall be an amount equal to the appropriate hourly daily, or monthly rental rate for such equipment, in accordance with the current issue of Associated Equipment Distributor “Compilation of Nationally Averaged Rental Rates and Model Specifications for Construction Equipment” (not withstanding the caveats contained therein that such rental rates are not for use by government agencies) for each and every rental period (in hours, days, or months as applicable) that the Special Equipment or Machinery is in use on the work. For Special Equipment or Machinery not listed in said document the Contractor shall be paid a rental rate corresponding to the average prevailing rental rate for such equipment or machinery in Miami-Dade County, Florida, subject to approval by the Architect/Engineer. No additional payment shall be made to the Contractor for fuel, lubricants, fair wear and tear, transportation, insurance or depreciation. Any equipment or machinery not designated by the Architect/Engineer as Special Equipment and Machinery shall be considered Overhead.
22. Employer’s Payroll Burden: The term “employer's payroll burden” shall include, but is not limited to, the following items: costs of workers’ compensation insurance, applicable fringe benefits and liability insurance, employer social security contribution, employer pension contributions, unemployment insurance and health insurance.
23. Extra Work: An item of work not provided for in the awarded contract as previously modified by Change Order, but which is found by the Architect/Engineer to be necessary to complete the work within the intended scope of the Contract.
24. Field Representative: An authorized representative of the Owner providing administrative and construction inspection services during the preconstruction, construction, and closeout phases of the Contract.
25. Indirect Costs: The total daily compensation for approved compensable delays, which consist of all costs associated with: project bond premiums, project insurance premiums, costs of supervision, coordination, superintendents, general foremen, consultants, schedulers, cost controllers, accountants, office administrative personnel, time keepers, clerks, secretaries, watch persons, small tools, equipment or machinery not designated by the Architect/Engineer as Special Equipment or Machinery, utilities, rent, telephones, facsimile machines, computers, word processors, printers, plotters, computer software, home office expense, all expendable items, job site and general office expenses, profit, extended jobsite general conditions, interest on monies retained by the City of Homestead, escalated costs of materials and labor, decreased productivity, home office expenses or any cost incurred that may be allocated from the headquarters of the Contractor or any of its subcontractors, loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, costs to prepare a bid, cost to prepare a quote for a Change in the Work, costs to prepare, negotiate or prosecute claims, costs of legal and accounting work, costs spent to achieve compliance with applicable laws and ordinances, loss of projects not bid upon, loss of productivity or inefficiencies in the execution of the Work.
26. Lessee: Any individual, partnership or corporation having a tenant relationship with the City of Homestead.
27. Liquidated Damages: The amount that the Contractor accepts, as stipulated herein, that will be deducted from the Contract Sum for each Calendar day of delay due to a Non-excusable Delay.
28. Liquidated Indirect Costs: The amount stipulated in the Bid Form that will be added to the Contract sum for each Calendar Day of delay due to a Compensable Delay. The Contractor accepts this sum as full compensation for the Contractor's and all its Subcontractors' Indirect Costs. There will not be any compensation for delays.
29. Notice To Proceed (NTP): The written communication issued by the City to the Contractor directing the Contractor to begin contract work and establishing the date of commencement of the work.
30. Owner: The term Owner as used in this Contract shall mean the City of Homestead, but it excludes the regulatory departments of Development Services, Building Safety, Planning & Zoning, Development and Regulation (Building and Zoning); City Utilities, Departments of Miami Dade County, Department of Environmental Resources Management (DERM); Public Works, Water & Sewer, and Fire Department or their successors.
31. Performance and Payment Bonds: Bonds executed by the Contractor and his Surety, on the attached forms, assuring that the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work.
32. Plans: The drawings, or reproductions thereof, prepared by the Architect/Engineer, which show the locations, character, dimensions and details of the work to be done and which are part of the Contract Documents.
33. Project: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractor’s obligations.
34. Project Manual: The portion of the Contract Documents, prepared by the Architect/Engineer, other than the Plans.
35. Project Testing Laboratory: The Laboratory(ies) employed by the City of Homestead to perform under the direction of the Architect/Engineer and Owner all quality assurance testing.
36. Site, Project Site, Work Site, Construction Site, Job Site: The location(s) at which the work under this Contract is to be accomplished, as shown on the Plans.
37. Special Equipment or Machinery: Equipment or machinery such as power-driven rollers, tractors, backhoes, bulldozers, excavators, trucks (excluding pickup trucks), cranes, industrial railroad equipment, or any other such equipment approved by the Architect/Engineer as necessary to complete the Project in an efficient and workmanlike manner. This equipment or machinery must be a requirement for the economical performance of the work to be accomplished by the Contractor or by a Subcontractor (of any tier). Special Equipment or Machinery shall not include small tools or pieces of equipment considered to be standard equipment included in the basic inventory of a General Contractor or a Subcontractor (of any tier).
38. Subcontractor: Any individual, firm, partnership, joint venture or corporation supplying the Contractor with labor, materials, supplies and equipment used directly or indirectly by the Contractor in the prosecution of the Work.
39. Substantial Completion: Substantial Completion of the Work shall occur when the Architect/Engineer certifies that the Work is sufficiently complete, in accordance with the Contract Documents, so that the City may use the Work for the use for which it is intended or for such other use which the City in its sole discretion may determine to be appropriate under the circumstances, and only after receipt of the final certificate of occupancy.
40. Surety: The bonding company furnishing the Bonds required of a Bidder and of the Contractor.
41. Technical Specifications: The general term comprising all the written directions, provisions and requirements contained herein, entitled Technical Specifications, those portions of Standard Specifications to which reference is specifically made in the Technical Specifications, and any Addenda, and Change Orders that may be issued for the Contract, all describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies and equipment and standards to which such work is to be performed.
42. Work: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractor's duties and obligations imposed by the Contract Documents.
BID TABULATIONS: —
Bid tabulations are posted on the City website at: https://procurement.opengov.com/portal/cityofhomestead.
INSURANCE REQUIREMENTS: —
These are mandatory insurance requirements, please be sure to fulfill each requirement listed below. All policies, endorsements, certificates and/or binders shall be subject to approval by the City’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by a duly authorized representative of the City. A lapse in any required insurance coverage during this Contract shall be considered a material breach. Further it is understood and agreed by Bidder that nothing in this provision shall waive or otherwise limit the right of the City to modify INSURANCE REQUIREMENTS to meet the demands of special or unique circumstances. Accordingly, those rights are expressly reserved by the City.
The insurance obligations under this Contract shall be: all the insurance coverage and/or limits carried by or available to the Bidder or the minimum insurance requirements and/or limits shown in this Contract, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover obligations of the Bidder under this Contract.
If evidence of insurance provided by Bidder does not comply with the requirements of this section, the City reserves the right but not the obligation to deem your Bid non-responsive.
Throughout the term of this agreement and for all applicable statutes of limitation periods, Bidder agrees to have and maintain in full force and effect the insurance policies set forth in this article. All policies must contain an endorsement requiring minimum thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy or ten day notice for non-payment of premium.
BIDDER EXPRESSLY AFFIRMS THAT IT HAS HAD THE OPPORTUNITY TO RECOVER THE COSTS OF THE INSURANCE REQUIRED IN ITS CONTRACT PRICE.
1. All insurance policies shall be issued by insurers that are authorized to transact business in the State of Florida, and have an A. M. Best's financial and size rating of A-VIII or better.
2. All insurance policies, except Property, Workers Compensation and Professional Liability (if applicable), shall name and endorse the following as additional insured: The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Bidder. The Commercial General Liability policy shall be endorsed with the ISO CG2010 Additional Insured endorsement (or similar endorsement or policy coverage form with coverage at least as broad as the ISO CG 2010) and the ISO CG 2037 Additional Insured – Completed Operations endorsement (or similar endorsement or policy coverage form with coverage at least as broad as the ISO CG 2037). As additional insured, the City shall be defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Bidder, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence. Bidder shall provide a copy of these policy forms or endorsements prior to project start and at any time upon City request.
3. It is specifically agreed that the City of Homestead shall not be liable to the Bidder for any liability arising out of the performance of this Agreement. Bidder specifically waives any and all rights of recovery it may have against the City of Homestead, independent of any waiver of rights of recovery by any insurer. All insurance policies shall include a Transfer of Rights of Recovery Against Others to Us/Waiver of Subrogation in favor of the City.
  Bidder agrees to obtain any endorsement or policy coverage form that may be necessary to effect all waivers of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement or policy coverage form from the insurer.
4. All insurance policies shall be endorsed to provide that (a) Bidder’s Insurance is primary and non-contributory to any other Insurance available to the City of Homestead with respect to claims covered under the policy and (b) Bidder’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable. Any policy including a self-insured retention (“SIR”) in the primary layer of liability in any amount must be submitted to and approved by the City’s Risk Management Department prior to risk approval.
5. If the Bidder fails to submit the required insurance certificate(s) in the manner prescribed with the executed agreement submitted to the City and if not submitted with the executed agreement in no event exceed three (3) calendar days after request to submit certificate(s) of insurance, the Bidder shall be in default, and the Contract may be rescinded at the City’s sole discretion. Under such circumstances, the Bidder may be prohibited from submitting future solicitations to the City.
6. Bidder shall carry the following types of insurance coverage whether products and/or services provided by Bidder to the City in connection with the performance of this Contract occur on City premises or not.
  1. WORKER'S COMPENSATION: As required by the State of Florida with the statutory limits, and include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy shall be endorsed with a “Waiver of Our Right to Recover From Others” endorsement which favors the City. A copy of NCCI Form WC 00 03 13 (or similar endorsement with coverage at least as broad as NCCI Form WC 00 03 13) issued by the insurer shall be required for risk review prior to project start and shall be provided by Bidder at any time upon request.
    If Bidder’s workers compensation program is part of an employee-leasing or co-employment arrangement where certain Statutory employees may be excluded from coverage, Bidder specifically agrees to indemnify, hold harmless, defend against and pay or reimburse the City for losses the City or its insurers may be obligated to pay to any natural person who is denied workers compensation benefits or employers liability coverage that arise out of or result from Bidder’s employee-leasing or co-employment arrangement.
  2. AUTOMOBILE LIABILITY: Bidder shall carry automobile liability insurance with minimum limits of One Million ($1,000,000) dollars, combined single limit per occurrence for bodily injury liability and property damage. The policy is to be written on ISO Form CA 00 01 covering any auto (Symbol 1) or if Bidder has no owned autos, covering hired (Symbol 8) and non-owned (Symbol 9) autos. Policies shall be endorsed to add the City of Homestead as Additional Insured and include a Waiver of Subrogation in favor of the City. Coverage must be primary and non-contributory to any other insurance available to the City of Homestead. Copies of the endorsements or policy forms reflecting these terms may be required for risk review and shall be provided by Bidder at any time upon request.
  3. COMMERCIAL GENERAL LIABILITY: Bidder shall carry Commercial General Liability Insurance for all on-going and completed operations of the Bidder, including all on-going and completed operations of all Bidder’s sub-contractors and shall include but shall not be limited to Contractual, Products and Completed Operations and Personal and Advertising Injury coverage with limits of not less than: One million ($1,000,000) dollars each Occurrence and for Personal and Advertising Injury coverage and two million ($2,000,000) dollars for Products – Completed Operations Aggregate and General Aggregate. The Commercial General Liability insurance policy must include but shall not be limited to the following listed Coverages: Coverage A – Bodily Injury and Property Damage Liability, Coverage B – Personal and Advertising Injury Liability, and Coverage C – Medical Payments. Coverage shall include but shall not be limited to coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed.
    Bidder’s Commercial General Liability insurance coverage shall be primary and non-contributory. For any claim related to this contract, this coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 – PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Bidder’s insurance and shall not contribute with it. Bidder shall provide a copy of this policy form or endorsement prior to project start and at any time upon City request.
    The Commercial General Liability policy shall be endorsed with the ISO CG 2503 Designated Construction Project(s) General Aggregate Limit endorsement or similar endorsement with coverage at least as broad as the ISO CG 2503 evidencing “City of Homestead- Removal and Replacement of Rapid Infiltration Trench” as the Designated Construction Project. Bidder shall provide copy of this policy endorsement prior to project start and at any other time upon request.
    The City’s Risk Management Department shall not accept an insurance policy that includes the ISO CG 21 39 CONTRACTUAL LIABILITY LIMITATION, the ISO CG 24 26 AMENDMENT OF INSURED CONTRACT DEFINITION or similar policy coverage forms or endorsements.
    The Commercial General Liability policy must be endorsed to add the City of Homestead as Additional Insured and include a Transfer of Rights of Recovery Against Others to Us / “Waiver of Subrogation” endorsement in favor of the City. Copies of these policy coverage forms or endorsements reflecting these terms may be required for risk review and shall be provided by Bidder to the City prior to project start and at any time upon request.
  4. COMMERCIAL EXCESS / UMBRELLA LIABILITY: Bidder shall carry and maintain minimum $1,000,000 per Occurrence and $1,000,000 Aggregate excess liability limits over underlying Commercial General Liability, Auto Liability and Employer’s Liability coverage as outlined above.
    A copy of the Additional Insured and Transfer of Rights of Recovery Against Others to Us / “Waiver of Subrogation” policy coverage forms or endorsements may be required for risk review prior to project start and shall be provided by Bidder at any time upon request.
  5. ENVIRONMENTAL IMPAIRMENT/POLLUTION LEGAL LIABILITY: Bidder shall carry and maintain environmental impairment / pollution legal liability insurance for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under the Agreement, or which arises out of, or in connection with the Agreement, including but not limited to coverage for clean-up of pollution conditions and third-party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage (including but not limited to loading and unloading) and non-owned disposal site coverage. Coverage shall extend to defense costs and expenses incurred in the investigation, civil fines, penalties and damages or settlements.
    The City and City’s members, officials, officers and employees shall be included as additional insureds on the policy. Bidder shall provide copy of this policy endorsement or policy coverage form evidencing additional insured status prior to commencement of services and at any time thereafter upon request.
    The minimum limits to be maintained by Bidder (inclusive of any amounts provided by an umbrella or excess policy) shall be $1,000,000 Each Claim or Occurrence and $1,000,000 Annual Aggregate.
    Coverage must either be on an Occurrence basis or, if on a Claims-Made basis, the coverage must respond to all claims reported within five years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. If coverage is provided on a Claims-Made basis, evidence of insurance must include the policy retroactive date.
    A copy of the policy and any policy endorsement may be required for risk review prior to project commencement and shall be provided to the City at any time upon request.
  6. PROPERTY IN THE COURSE OF CONSTRUCTION: Bidder shall provide, in a policy acceptable to the City as outlined herein, Builder’s Risk / Installation Floater insurance coverage covering all construction, additions, machinery and equipment included in the project, including that which is tangible personal property purchased directly by the City. In addition to the Bidder, City as Owner, Subcontractors and its Sub-Subcontractors of any tier shall also be included as insureds. If named or additional insured status is not available to City under the policy, policy shall be endorsed to show City as loss payee. Coverage shall be provided on an "All Risk" (i.e., Special Form) basis, and shall include coverage for but shall not be limited to: theft, windstorm, hail, flood, and earth movement (including sinkhole and earthquake). Subject to any sub-limits applicable to flood and earth movement, the amount of insurance (valuation basis) shall be the Accepted Project Bid Amount of the Project when completed. Coverage shall not be subject to any restriction with respect to occupancy or use by the City and, subject to forty-five (45) days' prior written notice to the Owner, shall remain in full effect until final acceptance by the City. The maximum deductible for the perils of windstorm, hail, flood, earth movement (including sinkhole and earthquake) and all other perils shall be determined by City Risk Management prior to Project commencement. Except with respect to damage or loss to tangible personal property which meets the criteria in Rule 12A-1.094(4)(b)1-4, F.A.C. to determine if City is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat., Bidder shall be solely responsible for that portion of Covered Loss under the deductible applicable to the Builder’s Risk required by this Subsection. Except with respect to City retaining the risk of loss for damage or loss to tangible personal property which meets the criteria in Rule 12A-1.094(4)(b)1-4, F.A.C. to determine if City as Owner is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat., the risk of loss shall remain with Bidder until the date of Final Completion. City shall retain the risk of loss for damage or loss to tangible personal property which meets the criteria in Rule 12A- 1.094(4)(b)1-4, F.A.C. to determine if City is the purchaser for the purpose of a tax exemption under Section 212.08(6), Fla. Stat.
    To the extent collectible from the insurance provided by Bidder pursuant to this Subsection, Bidder and City respectively waive any and all claims against each other, and their respective members, officials, officers and employees, for loss or damage to their respective property. Bidder shall require all Subcontractors and Sub-subcontractors to waive, to the extent collectible under the insurance provided by Bidder pursuant to this Subsection, any and all claims against City, and its members, officials, officers, employees, for loss or damage to Subcontractors or Sub-subcontractors property. If City has agreed by contract to obtain waivers of subrogation in favor of a design professional, Bidder also waives, to the extent collectible under the insurance provided by Bidder pursuant to this Subsection, any and all claims against the design professional, and its members, officials, officers and employees, for loss or damage to Bidder’s property. If City has agreed by contract to obtain waivers of subrogation in favor of a design professional, Bidder shall require all Subcontractors and Sub-subcontractors to waive, to the extent collected under the insurance provided by Bidder pursuant to this Subsection, any and all claims against the design professional, and its members, officials, officers, employees, for loss or damage to Subcontractors or Sub-subcontractors property. The policy or policies of insurance provided by Bidder pursuant to this Subsection shall permit such waivers and shall include waivers of subrogation by endorsement or otherwise.
    As evidence of compliance with the insurance required by this Subsection, the Bidder shall, prior to Project start, furnish the City with a fully completed Evidence of Builder’s Risk ACORD Form 28 or other evidence satisfactory to City Risk Management.
7. Bidder shall be solely responsible for ensuring that all vendors and/or independent or sub-contractors (“sub-contractors”) also comply with the insurance requirements, terms, conditions, limits and related criteria as outlined above and shall specifically require Commercial General Liability, Auto Liability and Florida Workers Compensation coverage from any sub-contractor utilized by Bidder.
8. BIDDER’S PROPERTY: Bidder and its subcontractors, if any, are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the City of Homestead.
9. Bidder shall provide of the City of Homestead’s Contract Administrator/Buyer with a copy of the certificate(s) of insurance and endorsements evidencing the types of insurance and coverage required in this Section within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Contract and, at any time thereafter, upon request by the Contract Administrator/Buyer. It is the BIDDER’S responsibility to ensure that the Contract Administrator/Buyer is provided with evidence of current insurance on file with the City during the term of this Agreement, or longer as may be required herein.
10. Bidder's Insurance Policies shall be endorsed to provide the City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits or ten days for non-payment of premium. Notice shall be sent to:
  City of Homestead
  Attn: Procurement & Contract Services Department
  450 SE 6th Avenue
  Homestead, FL 33030
11. At any time while this Agreement is in force, if any of the Bidder's insurance policies is written on a Claims-Made coverage form, then Bidder shall maintain such insurance coverage for a period of FIVE (5) years after the expiration or termination of this agreement (including any and all extensions and/or renewals) OR provide City with an Extended Reporting Period endorsement with a minimum term of no less than FIVE (5) years, as evidence of the City’s ability to present a claim(s) past the expiration of the Claims Made policy(ies), which arise from work performed under this Bid during any Claims Made policy period.
12. If any of Bidder's Insurance policies (1) includes a general aggregate limit and (2) provides that claims investigation and/or legal defense costs and/or expenses are included within the policy’s general aggregate limit, the general aggregate limit of said policy(ies) shall be no less than five (5) times the per occurrence limit as specified above in this Section.
13. The provisions of this Section shall survive the expiration or termination of this agreement.
14. PAYMENT: If any of the insurance policies required under this Section lapse during the term of this agreement or any extension or renewal of the same, Bidder shall not receive payment from the City until such time that the City has received satisfactory evidence of reinstated coverage of the types and coverage specified in this Section that is effective as of the lapse date. The City, in its sole discretion, may terminate the Agreement immediately and no further payments shall be due to Bidder.
15. RENEWAL OF INSURANCE: Bidder shall be responsible for assuring that the insurance certificate/ endorsements required in conjunction with this section remains in force for the duration of the Contract term. If the insurance certificate/endorsements are scheduled to expire during this period, Bidder shall be responsible for submitting a new or renewed insurance certificate/ endorsements to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate(s) evidencing acceptable insurance coverage which covers the Contract term, the City may suspend this Agreement until such time as the new or renewed certificate/endorsements evidencing acceptable insurance coverage are received by the City.
16. MINIMUM COVERAGE: Insurance coverage in the minimum amounts set forth herein shall not be construed as to relieve Bidder of liability in excess of such coverage, nor shall it preclude or otherwise limit the City from taking other action(s) as may be available under any other provision(s) of this Agreement or otherwise in law or equity.
17. CONFLICT: In the event that a conflict arises between the provisions of any agreement, contract or understanding that arises out of this Bid and this Section, the provisions of this Section shall control and prevail.
18. DISCLOSURE OF INFORMATION: Bidder agrees that the City may disclose the name and contact information of its insurers to any third party which presents a claim against the City for any damages or claims resulting from or arising out of work performed by the Bidder, its agents, employees, servants or subcontractors in the performance of this contract.
19. RELAXATION OR SUSPENSION OF INSURANCE REQUIREMENTS: If, in the opinion of the City, full compliance with the insurance requirements in this Section is not commercially practicable for the Bidder, and would not be commercially practicable for most other Bidders qualified to perform the Project or Work, at the written request of the Bidder, the City may, in its sole discretion, and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Bidder. As a condition to any such relaxation of the insurance requirements, City may require Bidder to provide the City with written evidence satisfactory to the City that full compliance with the insurance requirements is neither commercially practicable for the Bidder, nor commercially practicable for most other Bidders qualified to perform the Work. Any such modification shall be subject to the prior written approval of the City, and subject to the conditions of such approval.
20. SUBSEQUENT AGREEMENTS: The requirements of this Section shall extend to any subsequent written agreement which results from this ITB and shall represent the City’s minimum insurance requirements. Bidder understands and agrees that the insurance requirements may be updated or amended at the sole discretion of the City’s Risk Manager in any subsequent agreement executed which is subject to this ITB based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
EXCEPTIONS TO SPECIFICATIONS: —
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to these Sections may be cause for the bid to be considered non-responsive.
Taking an exception to any of the Terms and Conditions or Sections other than Technical Specifications may, depending on the item, cause your response to be deemed non-responsive and not considered for award.
NO BID: —
If not submitting a bid, respond by returning an original copy of Bid Form, marking it “No Bid,” and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier’s name from the bid mailing list. NOTE: A Bidder, to qualify as a respondent, must submit a “no bid” and same must be received no later than the stated bid opening date and hour.
ARTICLE 2 - ADMINISTRATION OF THE CONTRACT —
1. Intent of Contract
  1. The intent of the Contract is to include all necessary items for the proper completion of the Work by the Contractor so the Owner may have a functioning facility which it may use as intended. The Contractor shall perform, without additional compensation, such incidental work as necessary to complete the Work, so that it will meet the requirements for which the Project was intended, in a satisfactory and workmanlike manner.
  2. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third-party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract.
  3. No acceptance, order, measurement, payment, or certificate of or by the Owner or its employees or agents shall either stop the Owner from asserting any rights or operate as a waiver of any provision hereof or of any power or right herein reserved to the Owner or of any rights to damages herein provided.
2. Other Contracts
  1. The Owner may award other contracts for other work on the Site. The Contractor shall fully cooperate with such other contractors and shall carefully fit his own work to that provided under other contracts as may be directed by the Field Representative. The Contractor shall not commit or permit any act, which will interfere with the performance of work by any other Contractors or fail to perform such acts as required to avoid interference with the performance of work by any other Contractor.
  2. In the event of interference between the work of the Contractor and other contractor(s) working concurrently at the Site, the Field Representative will instruct the Contractor as to which Work has priority in performance and such instructions shall be binding upon the Contractor. The Contractor shall not have any claim against the Owner, the Consulting Engineers, the Architect/Engineer, or the Field Representative for any additional compensation whatsoever in connection therewith.
  3. The Contractor shall conduct its operations so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors.
3. Plans, Specifications, and Other Contract Documents
  1. Plans showing general outlines and details necessary for a comprehensive understanding of the work, form a part of the Contract Documents. The total number and the titles of the drawings constituting the Plans are given in Division I of the Project Manual. All work under the Contract shall be performed in all respects in compliance with the requirements of the Contract Documents.
  2. The Contract Documents provide for a complete work and may have been prepared in divisions of various crafts, trades and other categories of work. The Contractor is responsible for the performance of all work under the Contract regardless of any such divisions, and shall ensure that all of the work is performed and completed.
  3. OMITTED.
  4. The Contractor shall maintain at the Site at all times at least one (1) full-size updated and current copy of the Plans, Technical Specifications and all other Contract Documents, together with at least one (1) full size complete set of approved Shop Drawings and approved samples.
  5. The Contractor shall make available at the job site one copy of each referenced standards and/or specifications for the Contractor's and the Field Representative’s use during the time that work covered by the standards and/or specifications is underway.
  6. The Contract Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.
  7. In the event of any conflicts, ambiguities, or discrepancies among the Contract Documents, the precedence in resolving such conflicts, ambiguities, or discrepancies shall be as follows:
    1. Special Provisions shall govern over General Conditions, Division I and Technical Specifications.
    2. General Conditions shall govern over Division 1, Technical Specifications and Plans.
    3. Division 1 shall govern over Technical Specifications and Plans.
    4. Technical Specifications shall govern over Plans and over Standard Specifications and over standards for testing and materials.
    5. Plans shall govern over Standard Specifications and over standards for testing and materials.
    6. On the Plans, calculated or figured dimensions shall govern over scaled dimensions.
  8. The Contractor shall not take advantage of any apparent error, omission, discrepancy or ambiguity on the Plans or Specifications. If any error, omission, discrepancy or ambiguity is found by the Contractor in the Plans or Technical Specifications the Contractor shall refer the same to the Field Representative for an interpretation and decision by the Architect/Engineer, and such decision shall be final.
  9. The Architect/Engineer shall have the right to correct apparent errors or omissions in the Plans and Technical Specifications and to make such interpretations as he may deem necessary for the proper fulfillment of the Contract Documents. During the course of the work, should any conflicts, ambiguities, or discrepancies be found that are not addressed or any discrepancies between the Plans and the Technical Specifications to which the Contractor has failed to call attention before submitting the bid, then the Architect/Engineer will interpret the intent of the Plans and Technical Specifications and the Contractor hereby agrees to abide by the Architect/Engineer’s interpretation and agrees to carry out the work in accordance with the decision of the Architect/Engineer. In such event the Contractor will be held to have included in the bid the best quality and new material and/or method of construction.
  10. OMITTED.
  11. The organization of the Contract Documents into divisions, sections and articles, and the arrangement of drawings does not restrict or limit the Contractor in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade.
  12. Product and Reference Standards:
    1. When descriptive catalog designations including manufacturer’s name- product, brand name, or model number are referred to in the Contract documents, such designations shall be considered as being those found in industry publications of current issue on the date of the first advertisement for bids.
    2. When standards of the Federal Government, Florida Department of Transportation, Standards Organization such as ASTM, AASHTO, AWS or ANSL trade societies, or trade associations are referred in the Contact Documents by specific date of issue, these shall be considered a part of this Contract. When such references do not bear a date of issue, the current published edition on the date of the first advertisement for bids shall be considered as part of the Contract.
  13. Where in the Contract Documents an item is identified by a particular manufacturer’s name, model or other code it shall be interpreted to include other manufacturers’ product of like and equal quality whether the words “or equal’ are included or not.
  14. Wherever a particular manufacturer’s product is required, to the exclusion of all others, appropriate language is included in the Contract Documents.
  15. Wherever the terms, “as directed”, “ordered”, ‘permitted”, ‘designated”, “as approved”, “approved equal”, “or equal”, “acceptable” and other words of similar meaning which authorize an exercise of judgment are used in the Contract Documents, such judgment shall be vested only in the Architect/Engineer and/or the Owner.
4. Conformity with Plans and Specifications
  1. The entire work and each part thereof shall be constructed at the location, elevation, grade and gradient specified, and in proper alignment and adjustment. The Contractor shall provide all frames, forms, false-work, shoring guides, anchors and temporary structures required to ensure these results.
  2. No deviation from the approved Plans, Technical Specifications and other Contract Documents shall be permitted without the prior written approval of the Architect/Engineer, which approved deviation(s) shall be documented to the extent required by the Contract Documents.
5. Authority of the Architect/Engineer
  1. The Architect/Engineer shall respond to questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Architect/Engineer shall decide all questions, which may arise as to the interpretation of the Specifications or Plans relating to the work, and the fulfillment of the Contract on the part of the Contractor.
  2. The Architect/Engineer is not authorized to revoke, alter, or waive any requirement of the Contract.
  3. Where the Contract Documents provide for decisions or other actions by the Architect/Engineer, the same shall be final and binding upon the Contractor.
  4. The Architect/Engineer shall have free access to the work and materials at all times to facilitate the performance of his duties.
  5. The Architect/Engineer shall have the right to reject any material or work performed which does not meet the requirements of the Contract Documents. When the Architect/Engineer discovers any work in progress that does not meet the requirements of the Contract Documents, the Architect/Engineer shall reject that portion of the work affected and shall confirm such rejection in writing, as soon as practical, detailing the reasons for the rejection. Work rejected by the Architect/Engineer will not be paid for.
  6. The fact that the Architect/Engineer has not made earlier discovery of materials furnished or work performed which does not meet the requirements of the Contract Documents, shall not bar the Architect/Engineer from subsequently rejecting said materials or work.
  7. The observation of the work and actions by the Architect/Engineer, as herein provided, shall not be construed as undertaking supervisory control of the construction work or of means and methods employed by the Contractor or its subcontractors and shall not relieve the Contractor from any of his responsibilities or obligations under the Contract, including compliance with the ADA, its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances. The Contractor shall not request or attempt to require the Architect/Engineer to undertake such supervisory control or to administer to supervise, to inspect, to assist, or to act in any manner so as to relieve the Contractor from such responsibilities or obligations.
6. Authority and Duties of the Field Representative
  1. The Field Representative will administer the Contract and the orders of the Owner are to be given through the Field Representative. The Field Representative shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract.
  2. The Field Representative will randomly observe the Contractors work for general compliance with the Contract Documents. Such observation shall extend to all or any part of the work done and to the preparation, fabrication, or manufacture of the material to be used.
  3. The Field Representative shall call to the Contractor’s attention faulty workmanship or defective materials and shall reject work and materials not conforming to the requirements of the Contract Documents.
  4. When any work in progress does not meet the requirements of the Contract Documents, the Field Representative shall have the authority to order the Contractor to shut down that portion of the work affected and shall confirm this order in writing as soon as practicable, detailing the reasons for the shutdown. Work performed in violation of the Field Representative’s order to shut down will not be accepted or paid for.
  5. The Field Representative is not authorized to revoke, alter, or waive any requirements of the contract.
  6. When any portion of the work is to be performed away from the site, the Contractor shall notify the Field Representative, in reasonable time, where and when such work is to be done and shall make arrangements for access thereto by the Field Representative in order that same may be inspected by him.
  7. The Field Representative shall have the right to reject any material or work performed which does not meet the requirements of the Contract Documents. When the Field Representative discovers any work in progress that does not meet the requirements of the Contract Documents, the Field Representative shall reject that portion of the work affected and shall confirm such rejection in writing, as soon as practical, detailing the reasons for the rejection. Work rejected by the Field Representative will not be paid for.
  8. The fact that the Field Representative has not made earlier discovery of materials furnished or work performed which does not meet the requirements of the Contract Documents shall not bar the Field Representative from subsequently rejecting said materials or work.
  9. The Field Representative shall not act as a foreman or perform other duties for the Contractor, nor interfere with the management of the work by the Contractor.
  10. The administration, observation of the work and actions by the Field Representative, as herein provided shall not be construed as undertaking supervisory control of the construction work or of means and methods employed by the Contractor or his subcontractors and shall not relieve the Contractor from any of his responsibilities or obligations under the Contract: the Contractor shall not request or attempt to require the Field Representative to undertake such supervisory control or to administer, to supervise, to inspect, to assist, or to act in any manner so as to relieve the Contractor from such responsibilities or obligations
  11. The Field Representative shall decide all questions relating to the rights of different contractors on the project.
7. Observation of the Work
  1. All materials and each part or detail of the work shall be subject to observation by the Field Representative and/or the Architect/Engineer. The Architect/Engineer and the Field Representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required.
  2. If either the Architect/Engineer, the Field Representative or Owner requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed, after examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work thus exposed or examined prove acceptable, the uncovering, removing, and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, removing, and the replacing of the covering or making good of the parts removed will be at no additional cost to the Owner.
  3. Any work done or materials used without observation by Field Representative may be ordered removed and replaced at the Contractor's expense unless the Architect/Engineer and/or Field Representative failed to observe the work after having been given reasonable notice in writing.
8. Other Authorized Inspection
  1. The Owner, the Lessee(s) and other agencies having jurisdiction over the work hereunder shall be afforded free access to the site to perform such inspections and tests as may be required to determine conformance of the Work with the Contract Documents.
  2. For all Projects the work is subject to permits, inspection and approval by the City Building Department, County Building departments, Fire Department as well as State and Federal authorities having jurisdiction.
BILLING INSTRUCTIONS: —
Invoices, unless otherwise indicated, must show the purchase order number and respective Bid number and shall be submitted to the City of Homestead (100 Civic Court Homestead, FL 33030) with the requesting Department labeled on the mailing envelope.
ARTICLE 3 - OWNER —
1. Owner Provided Information
  1. The records of borings, test excavations and other subsurface investigations, if any, are offered as information only and solely for the convenience of the Contractor. The Owner does not warrant or guarantee either that said records are complete or that the said records will disclose the actual subsurface conditions. The interpretation of the records and the conclusions drawn therefrom as to the actual existing subsurface conditions are the sole responsibility of the Contractor.
  2. Any estimates of quantities of work or materials, based on said borings, test excavations and other subsurface investigations are not warranted to indicate the true quantities or distribution of quantities.
2. Interest of Public Officials
  1. No officer or employee of the City of Homestead during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof or as defined in the Miami-Dade County code, whichever is greater.
TAXES: —
The City of Homestead is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order.
ARTICLE 4 - CONTRACTOR —
1. Pre-Construction Conference
  1. A Pre-construction Conference will be held prior to the issuance of the Notice to Proceed to discuss the work to be performed under this Contract. The Contractor and his major Subcontractors shall be required to attend this meeting. The Contractor will be advised of the time, date and location of the meeting.
2. Commencements and Prosecution of Work
  1. Within a reasonable time after the execution of the Contract, the Owner will initiate a written notice to the Contractor to proceed with the work, which said Notice to Proceed (NTP) shall direct the Contractor to commence work on a certain day. The time within which all of the work is to be completed following the giving of the Notice to Proceed shall be as stipulated in the Bid Form of these Contract Documents.
  2. The Contractor shall commence the work on the day stated in the Notice to Proceed and shall prosecute the work in a manner that will ensure completion within the specified time.
  3. The Contractor shall prosecute the work so as not to interfere with normal operations of the facility or surrounding buildings or as may be further detailed in Division I of the Project Manual. If the Contractor desires to prosecute the work at other than the days and times set forth herein, it shall notify the Architect/Engineer and Owner at least 48 hours in advance, so that the Architect/Engineer and Owner may make arrangements for access to the job site and to be present. Any work performed without such advance notice having been given to the Architect/Engineer and Owner or without having the Architect/Engineer being present may be rejected, if in the sole judgment of the Architect/Engineer, and if such work is not susceptible to its observation after the fact to determine compliance with the Contract Documents.
  4. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract Documents. All workers shall have sufficient skill and experience to properly perform the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.
  5. All proposed equipment shall be properly registered and of sufficient size and in such mechanical condition as to meet requirements of the work, producing a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing city facilities will result from its use.
3. Contractor's Responsibility for the Work
  1. The Contractor shall be responsible for the complete performance for all of the work under the Contract, and for the methods, means, and equipment used in performing the Contract and for all materials, tools, apparatus and property of every description used in connection therewith.
  2. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Architect/Engineer and its Field Representatives and with other contractors in every way possible.
  3. The Contractor shall maintain the work during construction and until the work is accepted.
  4. The Contractor shall use reasonable professional effort and judgment to comply with Americans with Disabilities Act (“ADA”), its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances and to coordinate with the Architect and any other City consultants to ensure all accessibility issues identified throughout the design and construction process are being fully and accurately implemented.
  5. Until Substantial Completion or Beneficial Occupancy by the Owner of any part or all of the work as provided in these Contract Documents, it shall be under the charge and care of the Contractor, and he shall take even necessary precaution to protect against loss or damage to any part of the work by the action of the elements or from any other cause whatsoever, whether arising from execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all loss or damage to a portion of the work occasioned by any of the foregoing causes before its completion and acceptance.
  6. The Contractor shall be responsible for scheduling and coordinating the work of all crafts and trades required to perform the work and to complete the work within the prescribed time. Any inefficiency or loss of productivity in the labor, materials or equipment of the Contractor or his subcontractors of any tier, from any cause shall be the responsibility of the Contractor. No reimbursement of Direct Costs can be requested by or granted to the Contractor or any of his subcontractors of any tier for inefficiency or loss of productivity in labor, materials, or equipment. The only relief the Contractor may seek for any impact that could cause inefficiency or loss of productivity in his labor, materials or equipment is an excusable time extension.
  7. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage, which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded to cause damage to structures or to any other type of construction will not permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed or as specified in the Technical Specifications. The Contractor shall be responsible for all damage done by its hauling equipment and shall cancel such damage at its own expense.
  8. The Contractor's responsibility for Maintenance of Traffic shall begin on the day the Contractor staffs work on the project, or on the effective date of the Notice to Proceed, whichever comes first.
4. Contractor's Superintendent and Equipment
  1. The Contractor shall provide a competent English-speaking Superintendent on the work at all times, who shall be fully authorized as the Contractor’s agent on the work. The Superintendent shall be capable of reading and thoroughly understanding the Plans, Technical Specifications and other Contract Documents.
  2. The Contractor shall furnish all labor, materials, services and equipment sufficient for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress.
  3. All equipment, tools, and machinery used in the prosecution of the work shall be maintained in a safe working condition and shall be appropriate for the work to be performed as per state, local and regulatory agencies.
  4. The Contractor shall submit to the Architect/Engineer the daily manpower count subdivided by trade and position, no later than noon of the day following the day covered.
5. Environmental Protection
  1. The Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. It shall take necessary precautions to prevent pollution of streams, lakes, ponds, underground waters, aquifers and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.
6. Weekly Construction Coordination Meetings
  1. The Contractor shall attend weekly Construction Coordination Meetings at a time and place to be determined by the Architect/Engineer and Owner. These meetings are intended to determine job progress, identify job problems, assist in solving and preventing job problems, and promote coordination with all entities involved in the Contract and with any other Owner contractors. The Contractor shall cause Subcontractors and Suppliers to attend as he deems advisable, or as requested by the Architect/Engineer.
7. Shop Drawings
  The Contractor is responsible for the preparation of detailed shop drawings necessary for the demolition, fabrication, erection and construction of all parts of the work in conformity with the Contract Documents and requirements of Division 1 of the Project Manual.
  1. The Owner will back-charge the Contractor the Architect/Engineer's Project Manager's hourly rate for engineering review of submittals, starting after the first rejection of an item. Contractor shall furnish one copy of Submittal Log and will submit required portions, with correct updated information, with each submittal transmittal. By approving and submitting Shop Drawings, Product Data, Samples, Coordination Drawings and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and Contract Documents.
    Contractor shall submit six (6) sets of all submittal data and/or drawings for the Owner’s review, one copy will be returned to Contractor with comments and approval status. Contractor shall submit six (6) original sets of all as-built prints and documents for the Owner’s use. Contractor shall furnish six (6) sets of all Operations and Maintenance Manuals for Owner’s use. If disapproved, owner will return all but one to Contractor.
    1. The Contractor shall review, approve and submit to the Owner Shop Drawings, Product Data, Samples, Coordination Drawings and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of other contractors and subcontractors. Contractor shall allow a minimum of fourteen calendar days for Owner’s review, normal review time for Architect / Engineer and time required for shipping, and handling. Contractor shall not perform any portion of the Work requiring submittals without the respective submittal(s) being first approved. The Contractor shall not be relieved of the responsibility for errors and omissions in submittals by the approval of Owner or Architect/Engineer. The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents unless Contractor has specifically informed the Owner and the Architect/Engineer in writing of such deviation (noting the impact, changes and coordination required due to the deviation) at the time of submittal and the Owner has given written approval to the specific deviation.
    2. By approving and submitting Shop Drawings, Product Data, Samples, Coordination Drawings and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and Contract Documents.
8. Substitution
  1. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer, together with catalog designation or other identifying information. When Contract Documents specifically disallow substitution, the specified product shall be provided. Alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use. The Contractor shall submit a substitution request within 45 calendar days from the Notice to Proceed or sooner as required by the job progress, in order not to impair the project schedule.
  2. No request for substitution will be considered unless accompanied by complete information and descriptive data necessary to determine the quality of the proposed materials, articles or equipment. Samples shall be provided when requested by the Architect/Engineer. The burden of proof as to the comparative qualities or suitability of the proposed materials, articles or equipment shall be upon the Contractor. The Architect/Engineer and the Owner’s decision in such matters shall be final. In the event that the Architect/Engineer rejects the use of such substitute materials, articles or equipment, then one of the particular products designated by brand name shall be provided.
  3. The Architect/Engineer will examine and review the Substitution request with the Owner and return it, within 21 calendar days from the date of its receipt at the Architect/Engineer’s office, to the Contractor noted with the final decision. When requested by the Architect/Engineer, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.
  4. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials, articles, or equipment, or because of deviations from the Contract Documents, such changes shall be shown in the substitution request and such changes shall be made without additional cost to the Owner.
  5. Acceptance on another project, by the Owner, of a product other than that specified for this Project does not constitute evidence of its equality with the product specified nor its suitability for this Project.
9. Approval of Sources of Supply of Materials
  1. The Contractor shall submit a complete list of the sources of supply and the manufacturers of all items of materials, equipment and machinery requested by the Architect/Engineer for approval prior to the commencement of any work.
10. Approval & Acceptance of Materials & Salvage of Materials
  1. The materials used on the work shall conform to the requirements of the Contract Documents and may be subject to inspection, testing and approval by the Architect/Engineer before incorporation in the work. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used, reprocessed, reconditioned or refurbished, etc.).
  2. In order to expedite the acceptance of materials, the Architect/Engineer may require the Contractor to furnish complete statements as to the origin, composition, and manufacturer of all materials to be used in the work. Such statements shall be furnished sufficiently in advance of the delivery of such materials.
  3. At the Architect/Engineers option, materials may be approved at the source of supply before delivery is slated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.
  4. Any work in which untested materials are used without approval or written permission of produce such specified and the Architect/Engineer shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Architect/Engineer, shall be removed at the Contractor’s expense. Unless otherwise designated, Quality Assurance tests performed in accordance with the requirements of Contract Documents will be made by the Architect/Engineer or the Project Testing Laboratory at the expense of the Contractor. The Architect/Engineer or the Project Testing Laboratory will take material samples for Quality Assurance purposes as required. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work and until Final Acceptance of the Work. Copies of all tests will be furnished to the Contractor’s representative at his/her request.
  5. Samples of all materials to be tested, upon which the acceptance or rejection thereof is to be based, shall be taken by the Architect/Engineer or the Project Testing Laboratory. Materials may be sampled either prior to shipment or after being received at the Site. Lab and test work (i.e., soil, concrete, etc.) shall be the Contractor’s responsibility.
  6. The Contractor shall provide such facilities as the Architect/Engineer or the Project Testing Laboratory may require for conducting field tests and for collecting and forwarding samples. The Contractor shall not use or incorporate into the work any materials represented by the samples until tests have been made and the materials are found to be acceptable. Only materials conforming to the requirements of the Contract Documents shall be used in the work.
  7. Materials or assemblies not conforming to the requirements of the Contract Documents shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Architect/Engineer at Contractor’s expense. Rejected material or assemblies, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Architect/Engineer has approved its use on site, in writing.
  8. Ownership of all salvaged equipment and materials, surplus excavation, etc., shall remain with the Contractor, unless stated otherwise in the Contract Documents, who shall legally dispose of such equipment, materials and surplus excavation, etc., at a legal disposal site(s) provided by and at the expense of the Contractor, away from the jobsite. All equipment and materials to be salvaged for the Owner's use, shall be transported by the Contractor and delivered to the location within City limits called for in the Contract Documents or as directed by the City of Homestead.
  9. The Contractor shall exercise due caution in the removal, dismantling and handling of equipment and materials to be salvaged for the Owner's use. The Contractor shall prepare inventory lists for all such salvaged equipment and materials before removal and such lists shall be receipted by the Owner at the time such equipment and materials are delivered to the Owner.
  10. The Contractor shall be liable for losses or damage resulting from the Contractor’s handling of equipment and materials to be salvaged for the Owner’s use.
  11. The Architect/Engineer may direct the Contractor to dispose of all or any class of salvage material to a fill or storage site on or adjacent to the work area, at no additional cost to the Owner.
  12. Pursuant to 49 CFR 18.36, the usage of salvage credits is not allowed.
11. Certificates of Compliance
  1. The Architect/Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract Documents. The manufacturer shall sign the certificate. A certificate of compliance in which the lot is clearly identified must accompany each lot of such materials or assemblies delivered to the work.
  2. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time, and if found not to be in conformity with the requirements of the Contract Documents, will be subject to rejection whether in place or not.
  3. When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “brand name”, the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:
    1. Conformance to the specified performance, testing, quality or dimensional requirements and
    2. Suitability of the material or assembly for the use intended in the Work.
  4. If the Contractor proposes to furnish an “or equal” material or assembly, he shall furnish the manufacturer’s certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Architect/Engineer shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.
  5. The Architect/Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.
12. Storage of Materials and Equipment
  1. Before commencing work, the Contractor shall consult with the Architect/Engineer as to available space for temporary storage of materials, location of temporary structures, if any, equipment and other property of the Contractor. Locations determined for such storage of materials, temporary structures, equipment and other property shall be temporary and the Contractor shall be required to relocate the same as directed by the Architect/Engineer to avoid interference with operations of the Owner or with the work of other contractors on the job site. Temporary structures shall be neat in appearance, shall not constitute a fire hazard and shall be properly maintained as per state, local and regulatory agencies.
  2. Any space that the Contractor may require for plant, equipment, storage or other purposes, in addition to that set forth above, shall be procured by the Contractor and the cost thereof shall be included in the bid price(s) for the work. Stored materials, structures, equipment and other property shall remain the property of the Contractor and he shall be solely responsible for the protection of such property from theft and damage of any sort. To this end, the Contractor shall provide at no additional cost to the Owner all secured enclosures, security personnel, material inventory programs and any other means necessary for the protection of his property. The granting of rights of storage on Owner property shall in no way obligate the Owner for protection or replacement of loss of such stored property.
  3. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Architect/Engineer. Materials shall be stored on Owner property or in approved warehouse(s): materials stored within the limits of an operating City facility shall not create an obstruction to operations nor shall these interfere with the free and unobstructed movement of any vehicles, or personnel. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Architect/Engineer.
  4. Unless otherwise specified or directed by the Architect/Engineer, all storage sites shall be restored to their original condition by the Contractor at no additional cost to the Owner.
13. Construction Schedules
  1. The construction of this project will be planned and recorded with a Computerized Project Planner Format (Primavera or Microsoft Project) or, only when so specified in Division I, conventional Critical Path Method (CPM) Format as specified in Division I of the Project Manual. The Construction Schedules shall be used for coordination, monitoring. and payment of all work under the Contract, including all activities of Subcontractors, vendors, and suppliers. The Contractor shall be solely responsible for the preparation, revisions and updating of the Construction Schedules. Updated schedules shall be submitted with every payment application.
14. Safety, Fire Prevention, and Environmental Considerations
  1. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding Industrial Safety under Section 440.56 Florida Statutes, Safety Rules – Workers Compensation Laws and with United States Williams - Steiger Occupational Safety and Health Act of 1970, commonly referred to as “OSHA”, as applicable, and other national consensus standards of safety pertaining to particular trades. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same.
  2. The Contractor shall not endanger, by cutting, digging, loading or otherwise, the structural integrity or overall safety of any structure, installation, facility, work in progress or work completed.
  3. Materials stored upon the Site or along the route of the work shall be so placed and the work shall be so conducted as to cause no obstruction to traffic other than as provided in these Contract Documents.
  4. Equipment will not be allowed on the jobsite, which is not properly equipped to contain all materials, fluids, debris, etc. Constant inspections will be performed by the Contractor to ensure a continuous, clean and safe jobsite operation at all times.
  5. The Contractor shall furnish and erect signs, barricades, lights, flags and other protective devices as may be required to protect pedestrian and vehicular traffic and the work. All such signs, barricades, lights, flags and other protective devices shall be in accordance with the requirements of the Contract Documents.
  6. The Contractor shall furnish flaggers in sufficient numbers to protect and divert vehicular and pedestrian traffic from working areas closed to traffic, or to protect any new work. Such flaggers shall be furnished on a 24-hour basis when conditions and/or construction operations require.
  7. The Contractor and all Subcontractors shall be governed by the provisions of the Miami Dade County, Florida, Fire Prevention and Safety Code, and shall take all necessary precautions to guard against and eliminate all possible fire hazards and to prevent injury to persons or fire damage to any construction, building materials, equipment, temporary field office & storage sheds, and all ether property, both public and private, particularly when gas or arc welding and torch cutting is taking place.
  8. The Contractor shall not use explosives on the Site, nor allow explosives of any type or nature to be brought upon the Site of the construction, without the prior express written approval of the City of Homestead and State Fire Marshall’s office. Any such authorized use of explosives shall in no way relieve the Contractor or his Subcontractors from responsibilities under his Contract relating to liability for damages or injury arising out of the use of such means and equipment.
    The City will require the name, address and social security number of each operator of explosives and who has been certified and is a qualified operator of such means and equipment. The Contractor’s submittal shall include an affidavit stating that only the certified operator(s) named shall be permitted to use explosives.
  9. Environmental Considerations
    1. Air pollution: The Contractor shall use emissions control devices on gasoline or diesel powered construction equipment and minimize idling and unnecessary operation of equipment to prevent and control air pollution in accordance with criteria issued by Federal, State and local agencies having relevant jurisdiction.
    2. Dust Control: The Contractor shall employ appropriate measures to control the generation and accumulation of dust at the site. Sprinkling with water or other suitable means shall be used to prevent the dispersal of substantial amounts of dust produced by demolition and other work generating dust. Collection and removal measures shall be employed to prevent accumulation of dust deposits.
    3. Asbestos: When asbestos materials are encountered or are suspected to be present in the area of the work, the Contractor shall immediately shut down all work in the area and notify the Architect/Engineer of the asbestos discovery. The Contractor may be required to prepare and execute a program for asbestos disposal, abatement or encapsulation with the guidance and approval of the City’s asbestos consultant. The program shall meet all applicable Federal, State and County regulations relating to asbestos removal, encapsulation, protection of workers and public and any other relevant procedures. Unless otherwise provided in the contract documents, all such work will be authorized by an appropriate Change Order.
    4. Flammable Materials: The Contractor shall store petroleum products, paint and other flammable materials in designated locations and in compliance with fire safety regulations. Spillages shall be collected and legally disposed of promptly and in a manner consistent with fire safety regulations and environmental protection regulations issued by Federal, State and local agencies having relevant jurisdiction.
    5. Noise Controls: The Contractor shall minimize noise caused by work operations in accordance with the City Code. The Contractor shall provide machinery and equipment fitted with efficient noise-suppression devices for protection of employees and the public and he shall schedule working hours and operations to minimize public disturbance in the vicinity of the work. The Contractor shall employ sound barriers as directed by the Architect/Engineer.
    6. Fumes: The Contractor shall not conduct operations that will result in the production of noxious, flammable, explosive or odoriferous fumes in locations or in quantities that constitute a hazard to health or safety or an objectionable environment for workers or public.
    7. Clean Air and Water Pollution Control Requirements for all Construction Contracts and Subcontracts exceeding $100,000.00.
      The Contractor and all his subcontractors agree to:
      1. That any facility to be used in the performance of the Contract or subcontract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) list of violating facilities.
      2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended. 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C 1251 et seq. relating to inspection, monitoring, entry reports and information as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.
      3. That, as a condition for the award of this contract, the Contractor or subcontractor will notify the Owner of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities.
      4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000.00 the aforementioned criteria and requirements.
  10. Unless otherwise provided for in Division 1 or in the Technical Specifications, no additional payment will be made to the Contractor for signs, barricades, lights, flags, watch persons, flaggers, fire extinguishing apparatus, safety personnel, and other protective devices.
  11. Florida Trench Act: The Contractor and all his subcontractors performing trench excavation on this Contract shall comply with the Florida Trench Safety Act (Sections 553.60-553.64. Florida Statutes) and the Occupational Safety and Health Administration (OSHA) trench excavation safety standards, 29 C.F.R., s.1926.650. Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security (DLES). The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor.
15. As-Built Information
  1. A complete set of Contract Documents will be supplied to the Contractor for recording “As-Built” information. These Contract Documents shall be kept on the job site at all times and all changes shall be marked in red ink as the work progresses. The Architect/Engineer will coordinate the review of As-Built Drawings weekly by the responsible architectural or engineering discipline(s) and an As-Built Drawing Review Log will be signed by each architectural or engineering discipline representative attesting to its review of the As-Built Drawings. A copy of the log shall be attached to the Minutes of the Weekly Construction Meeting. The Architect/Engineer shall report on the status of As-Built Drawings at the Weekly Construction Meeting. Upon completion of the work and prior to approval of the Application for Final Payment, the complete set of As-Built Drawings will be delivered to the Architect/Engineer for final verification.
  2. Requisitions for Payment will not be processed unless the Architect/Engineer certifies that the status of the “As-Built’ Drawings is current as of the date of the Contractor’s Monthly Requisition for Payment. Certification by the Architect/Engineer of the current status does not certify that the information contained in the “As Built” Drawings is accurate.
  3. The Contractor shall provide complete and accurate As-Built information to the same degree of detail as the Contract Documents. Dimensioned features shall be re-dimensioned as necessary in As-Built submittals and unaltered design dimensions clearly verified. Work required survey layout will be recorded by submission of a Florida Registered Land Surveyor’s certified survey.
  4. Any incomplete or incorrect “As-Built” information shall constitute “fault: workmanship’ subject to the remedies set forth in the Contract Documents, including those provided under the Performance Bond.
  5. The Contractor shall submit, as a part of his monthly pay request, his certification that “As-Built” drawings have been brought up to date as specified in this Article, that supplemental data, surveys, etc. have been recorded and that records are transmitted to the Architect/Engineer or available for review. The maintenance and updating of As-Built records shall constitute an essential step in the completion of the various items of work under the contract which shall be reflected in the payment to be made for such items of work.
16. Quality of Work and Materials
  1. The Contractor warrants to the Owner and the Architect/Engineer that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that the work will be of good quality, free from faults and defects in materials and workmanship for a period of one year from the date of Substantial Completion unless otherwise required under this Contract. Work not conforming to these standards may be considered defective. If required by the Architect/Engineer or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
17. Signs
  1. No Contractor sign or other advertising matter shall be permitted on the jobsite unless prior written permission is granted by the City of Homestead.
  2. The Contractor will provide a construction sign as called for in the Contract Documents, if required.
18. Employee Food Service
  1. The Contractor and his subcontractors may bring food or beverage catering trucks, vending machines, or other serving facilities onto the jobsite, as long as all debris and garbage pertaining to these services are collected, removed and disposed away from the jobsite at the end of every workday.
19. Payment of Wage Rates and Benefits
  1. The Contractor and each subcontractor under him shall pay or cause to be paid, to all employees under them, the wages and benefits as reflected to comply with all of the requirements of the United States Department of Labor, Wage Rates and Benefits Requirements.
BID BOND: —
All bids must be accompanied by a Bid Bond in the amount of 5% of the total bid submitted, to be in the form of a Cashier’s Check (which shall be tantamount to a Bid Bond) made payable to the City of Homestead; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond of all unsuccessful bidders will be returned after bid award. The Bidder shall not withdraw their Bid after Bid Opening for the period stipulated as the Bid guaranty period. Bidders will give these assurances that all bids offered will be held open and are not revocable for lack of consideration during the time stipulated herein.
2.3.1 Attorneys-in-fact, who sign the Bid Bond, Performance Bond and Payment Bond, must file with such Bonds, certified copies of their current power of attorney to sign such Bonds. All Bonds must be countersigned by an agent of the Surety licensed in the state of Florida, with a copy of the agent's current identification card, as issued by the State of Florida Insurance Commissioner, attached thereto.
EQUIVALENTS: —
If Bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers’ and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the Bid Form the manufacturer’s name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form.
Manufacturer’s name, brand name and model number may have been used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is no way intended to prohibit the bidding of other manufacturer’s items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal.
PAYMENT AND PERFORMANCE BOND: —
If the contract award amount exceeds $200,000.00, a Performance Bond and Labor and Material Payment Bond will be required and will be issued within ten (10) days upon issuance of a notice to proceed in the form(s) required herein, and written by a surety licensed in Florida and acceptable to the City. Bidder shall provide evidence of sufficient bonding capacity with its Bid in the form required herein. Failure to provide such evidence may result in rejection of the Bid.
A Performance Bond/Payment Bond that does not conform to the City’s form may not be accepted. The Surety Company shall be acceptable to the City and must be authorized to do business in the State of Florida. The Performance and Payment bonds from the bidder shall name the City as an obligee. BIDDERS THAT CANNOT PROVIDE EVIDENCE OF THE CAPACITY FOR BONDING IN THE MINIMUM AMOUNT OF THE BID PRICE AT THE TIME OF BID SUBMISSION MAY NOT BE CONSIDERED RESPONSIVE OR OTHERWISE QUALIFIED TO PERFORM THE PROJECT PURSUANT TO THIS BID. SUFFICIENT EVIDENCE OF SUCH MUST BE PROVIDED BY THE BIDDER PURSUANT TO THIS BID AT THE TIME OF BID SUBMISSION. City reserves the right in its sole discretion to determine the sufficiency of such evidence of Bidder’s bonding capacity.
2.4.1 The Performance Bond shall be conditioned so that the contractor performs the Contract in the time and manner prescribed in the Contract, including the obligation to cure any and all defects in the Work, including latent defects, with in the time period allowed by section 95.11(3)(c), Florida Statutes. The Payment Bond shall be conditioned so that the contractor promptly make payments to all persons who supply the contractor with labor, materials, supplies, and equipment used directly or indirectly by the contractor in the prosecution of the work provided for in the Contract. The bonds shall provide that the surety be obligated to an amount not exceeding the penal sum of each bond, together with interest at the maximum rate allowed by law, and shall further indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said Contract which the City may be required to make under the law.
2.4.2 Pursuant to the requirements of Section 255.05. Florida Statutes, it shall be the duty of the contractor to record the aforesaid Payment Bond in the public records of Miami-Dade County, with the contractor to pay all recording costs, and to deliver a certified copy thereof to the City prior to the commencement of any construction. Bidder acknowledges that notwithstanding the provisions of the Bid Documents, the Contract, or any “prompt payment” laws to the contrary, City shall not be obligated to make any payment to the contractor unless and until contractor complies this this section.
ARTICLE 5 - SUBCONTRACTOR —
1. Assignment of Contract - Subcontracting Portions of the Work
  1. The Contractor shall not assign this Contract, nor any part thereof.
  2. The Contractor will be permitted to subcontract portions of the work to competent subcontractors. Such subcontractors shall hold valid current certificate(s) of competency and licenses for the type of work to be performed in accordance with the qualifications requirements as set forth in Chapter 489 of the Florida Statutes and Chapter 10 of the Code of Miami-Dade County.
  3. Nothing contained herein shall create any contractual relationship between the Owner and any level of subcontractor, of materialmen or of supplier.
  4. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor, which shall contain provisions that:
    1. Preserve and protect the rights of the Owner, the Architect/Engineer and the Field Representative under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights.
    2. Require that such Work be performed in accordance with the requirements of the Contract Documents.
    3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a part, in reasonable time to enable the Contractor to apply for payment.
    4. Require that all compensable claims for additional costs, extensions of time, damages for delay’s or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor or Supplier where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner, and
    5. Require specific consent to the provisions of the Contract Document.
MISTAKES: —
Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder’s risk.
ARTICLE 6 - MISCELLANEOUS PROVISIONS —
1. Methods of Sampling and Testing
  1. Sampling and testing of all materials shall be as set forth in the Contract Documents. Except for quality control testing and any other testing that may be the direct responsibility of the Contractor as set forth in the Contract Documents, the testing of samples and materials will be made at the expense of the Contractor by the Project Testing Laboratory. The Contractor shall furnish the required samples without charge. The Contractor shall give sufficient notification to the Field Representative of the placing of orders for or receipt of materials to permit testing.
  2. The Field Representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for its acceptance of the material or assembly.
    Should the Field Representative conduct plant inspections, the following shall exist:
    1. The Field Representative shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials.
    2. The Field Representative shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of materials being furnished.
    3. If required by the Field Representative, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant.
  3. It’s understood and agreed that the Owner shall have the right to request a retest of any material which has been tested and approved at the source of supply after it has been delivered to the site. The Field Representative shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. All testing shall be at the Contractor’s expense.
  4. All inspections and testing of materials, assemblies, and equipment will be performed within Miami-Dade County. If the Contractor's material or manufacturing sources are such that inspections or tests cannot be made in Miami-Dade County, all traveling and lodging expenses in connection with such inspections and testing shall be borne by the Contractor.
2. Interference with Existing Utilities, Controls, and Other City Facilities
  1. Attention of the Contractor is specifically directed to the need for careful control on all aspects of his work to prevent damage to cables, ducts, water mains, sewers, fire mains, telephone cables, fuel lines, gas lines, fiber optic cables, and any other underground utilities and structures.
  2. Before commencing work in any given area, the Contractor shall carefully review the Plans, survey and search the site for utility locations, and determine possible utility conflicts. All known above and underground utilities, including but not limited to, electrical, telephone, communications, lighting cables, fiber optic lines, fuel lines, gas lines, sewer, drainage and water pipes, and other existing structures, etc., are shown on the Plans, but no guarantee is implied that the information is accurate. It shall be the responsibility of the Contractor to verify the location of all such utilities, structures, etc., using magnetic and electronic detectors and by hand excavation or other appropriate measures before performing any work that could result in damage to such utilities or structures. The Contractor shall, in conjunction with the Field Representative, make a thorough search of the particular location for underground utilities, structures, etc., whether or not shown on the drawings, before excavation work is commenced in any particular location. To this end, the Contractor shall provide and maintain throughout the term of the Contract electronic and magnetic detecting devices capable of locating underground utilities, etc. The Contractor shall, after locating primary and critical existing utilities, record their locations on the As-Built records and mark their location with indelible material or other means satisfactory to the Field Representative and maintain above-ground physical identification during the work.
  3. In the event of damage to, or accidental disruption of utilities or other facilities as a result of the Contractor's operations, the Contractor shall take immediate steps to repair or replace all damage and to restore all services. Further, the Contractor shall engage any additional outside services which may be necessary to prosecute repairs on a continuous “around the clock” basis until services are restored. The Contractor shall also provide and operate any supplemental temporary services to maintain uninterrupted use of the facilities. All costs involved in making repairs and restoring disrupted service resulting from the Contractor’s work shall be borne by the Contractor and the Contractor shall be fully responsible for any and all claims resulting from the damage.
3. Existing Utilities and Structures
  1. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever without first obtaining the written permission of the Field Representative. If a suitable bypass of such utility cannot be provided, then the Field Representative may direct the Contractor to proceed with the work on a 24-hour per day basis until such interrupted utility services are completely restored. Requests for disconnection shall be submitted on a fully completed copy of the City of Homestead “Shut Down Request Form” delivered to the Owner for processing and approval at least five (5 working days prior to the time of the requested interruption and shall state:
    1. The identity of the utility involved.
    2. Justification of the requested disconnect.
    3. The location of the requested disconnect.
    4. The exact date and time at which the disconnect is requested.
    5. The duration of the proposed disconnect.
  2. The Contractor shall take all necessary precautions when using steel-treaded equipment or vehicles to protect the pavement surface from damage. Protected rubber tires or treads shall be used whenever possible. Any damage to pavement caused by Contractor’s or Subcontractor's equipment or vehicles shall be repaired by the Contractor in a manner acceptable to the Field Representative, at no additional cost to the Owner.
  3. The Contractor shall provide protective shoring and sheet piling, as required at all existing structures, etc., where they may be affected by installation of new work.
  4. During the construction of new structures and other foundation work, conflicts may occur with existing underground utilities or structures. The Contractor shall call these conflicts to the attention of the Field Representative, in writing, immediately. The Field Representative will issue instructions regarding a solution to the conflict. The Contractor shall be responsible for all means & methods, materials, and processes necessary to protect all existing facilities, property, structures, equipment or finishes damaged in any manner through its negligence during execution of the work.
  5. In the event of damage to existing facilities or structures, proposed to remain, relocated or otherwise reused by the Owner as a result of the Contractor's operations, the Contractor shall take immediate steps to repair or replace all damage and to restore all Services. Further, the Contractor shall, when directed by the Field Representative, engage any additional outside services which may be necessary to prosecute repairs on a continuous “around the clock” basis until facilities or structures are restored. All costs involved in making repairs and restoring disrupted service resulting from the Contractor’s work shall be borne by the Contractor and the Contractor shall be fully responsible for any and all claims resulting from the damage.
4. Temporary Utilities, Drainage, Etc.
  1. Any temporary utilities, drainage, etc., which may be required to maintain operations of the Owner’s facilities, other affected facilities, or the Work in progress during the construction period, shall be furnished, installed and maintained by the Contractor. No such utilities, drainage, etc., shall be installed or operated without the prior approval of the Field Representative. At the completion of the Work, all temporary utilities, drainage, etc., shall be removed.
  2. All fees, charges, and cost for labor and materials, including the furnishing of temporary equipment and the connection(s) thereof, required for the maintenance of temporary utility services in lieu of existing utility services disrupted by the work shall be furnished by the Contractor at his expense, except where otherwise specified. When such temporary services are no longer required, the Contractor shall remove all temporary equipment and connections and leave the facilities and existing permanent apparatus in as good condition as existed prior to making such temporary connections.
  3. The Contractor shall furnish temporary heat or air-conditioning wherever required to prevent injury to work and materials through dampness, heat and cold. Use of open salamanders or any temporary heating devices which may be life hazards or may cause smoke damage to finished work will not be permitted. Minimum and maximum temperature requirements specified for various materials shall be strictly observed by the Contractor so as to not damage products or void warranties.
  4. Unless otherwise specified in the Contract Documents, the Contractor shall provide all utility services (e.g., telephone, power, lighting, water, sewer), necessary for the performance of its work, in accordance with the requirements of Division I of the Project Manual.
5. Permits, Laws, Taxes, Royalties and Regulations
  1. The Contractor shall apply for and procure all permits, certificates, inspections and licenses, pay all charges, taxes, royalties and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work, except that the Contractor will be reimbursed by the Owner for the actual costs of permit fees including the Planning, Development, and Regulation Permit Fees, DERM, WASA, EPA, DEP, SFWMD and USACE Permit Fees, License Fees, Impact Fees, and Inspection Fees paid to any governmental entity in connection with the construction of the project: reimbursement will be made at the Owner’s option, and the reimbursement will be made directly from other Owner’s funds.
  2. Permits and Inspection Fees: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. However, since the project is funded by the City, the City will waive the permit fees except for those portions required by the County, which cannot be waived by the City. The bidder shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.
  3. The Owner will not pay or reimburse the Contractor for any penalties relating to permits or fees as a result of the Contractor's failure to timely obtain all permits, inspection approvals, etc.
  4. The Contractor shall observe and comply with all applicable Federal, State, County, City and other laws, codes, ordinances, rules and regulations of the Federal, State, County, and City governments including the ADA, its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances relating to accessibility and any and all programs developed in compliance therewith, in any manner affecting the conduct of the Work.
  5. Dewatering of excavation shall be performed in accordance with the applicable provisions of DERM, Florida DEP, and SFWM Dewatering Permits and the requirements of Division I of the Project Manual.
  6. All construction activities shall be subject to the pollution prevention requirements established under the National Pollutant Discharge Elimination System (NPDES) program under the Clean Water Act, regulating storm water discharges from construction Sites.
  7. If the Contractor is required or desires to use any design, device, material or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, the Field Representative, and the Consulting Architects/Engineers from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work.
  8. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.
    Should the Contractor encounter, during its operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Field Representative. The Field Representative will immediately investigate the Contractor's finding and will direct the Contractor to either resume its operations or to suspend operations as directed.
    Should the Field Representative order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work such extra work shall be covered by an appropriate Change Order. If appropriate, the delay shall be considered a Compensable Excusable Delay.
  9. Upon completion of all of the work contemplated under the Contract Documents, the Contractor shall obtain and deliver to the Field Representative such Certificate(s) of Occupancy or Certificate of Completion as required by the South Florida Building Code.
  10. The Owner may, at its option, issue the Contractor Authorization to process and pull any necessary Building Permits (City, County, Fire, HRS, DERM, etc.) prior to the Notice to Proceed. Authorization to process and pull such permits is not a Notice to Proceed.
6. Audit Rights and Review of Records
  1. The Contractor shall, during the term of this Contract and for a period of five years thereafter, allow the Owner and its duly authorized representatives to inspect all payroll records, invoices for materials, books of account, project correspondence and project-related files and all relevant records pertinent to the Contract.
  2. The Owner retains the right to audit accounts and access all files, correspondence and documents in reference to all work performed under this contract. The Owner shall be provided, at a location specified by Owner, full access upon request to all documents, including those in possession of Subcontractors or suppliers during the work and for a period of five years after the completion of the Work. In case of any litigation regarding this project, such rights shall be extended until final settlement of such litigation. Failure to allow the Owner access shall be deemed a waiver of Contractor's claims.
7. Governing Laws
  1. The Contractor shall, during the term of this Contract, be governed by the statutes, regulatory orders, ordinances and procedures of the United States of America, the State of Florida, Miami-Dade County and the City of Homestead. At City’s request, any clauses mandated by the above-described laws, ordinances or procedures shall be incorporated into the City’s contract with the successful bidder.
8. Successors and Assigns
  1. The Owner and the Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the contract or sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due the Contractor hereunder, without the previous written notice of the Owner.
9. Written Notice
  1. Written notice to the Contractor shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to any officer of the corporation for whom it was intended or if delivered at or sent by mail to the last business address known to those who give the notice.
  2. Written notice to the Owner shall be deemed to have been duly served if delivered in person, delivered at or sent by facsimile to 305-242-6833, or mailed to City of Homestead, 650 NE 22 Terrace, Homestead, Florida 33030-6299, in care of the City Clerk’s Office.
10. Non-Discrimination - Equal Employment Opportunity
  1. The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The Contractor shall take affirmative action to ensure that Applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post notices setting forth the provisions of this nondiscrimination clause in conspicuous places, available to employees and applicants for employment.
  2. The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin.
  3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contractor understanding, a notice advising the labor union or workers representative of the Contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24. 1965, as amended and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
REFERENCES: —
Each Bid must be accompanied by a list of references [minimum of six], of clients or government organizations for which the Bidder is currently furnishing or has furnished similar services. References shall include the name of the company, a contact person, telephone number, fax number, and email address.
In addition, Bidders are requested to provide their clients with the Reference Questionnaire forms attached herein, and Bidder shall include completed client reference questionnaire forms with their bid. It is the responsibility of the Bidder to ensure timely responses and the return of the questionnaires from their client references. Each bid must have a minimum of three (3) of the six (6) references required complete the attached reference questionnaire. Only forms completed by the client references themselves will be considered. NO BID WILL BE CONSIDERED WITHOUT THIS LIST OR COMPLETED QUESTIONNAIRES.
The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data.
CONDITIONS AND PACKAGING: —
It is understood and agreed that any item offered or shipped as a result of this bid shall be latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
ARTICLE 7 - CHANGES IN THE WORK —
1. Changes in the Work
  1. The Owner reserves the right to delete work from this Contract, to add work to this Contract, and to change work to be accomplished under this Contract without invalidating the Contract.
  2. In the event the Owner exercises its right to change, delete or add work under the Contract, such work will be ordered and paid for as provided for in the Contract Documents.
  3. Changes in the work may be initiated by the issuance of a Bulletin by the Architect/Engineer. The Contractor shall submit a price quote to the Architect/Engineer and the Owner for their review within 21 calendar days of receipt of a Bulletin. The Contractor shall maintain this price for acceptance by the Owner for a minimum of 90 calendar days after submittal. The cost or credit to the Owner for any change in the work shall be determined in accordance with the provisions of the Contract Documents. The contractor shall not be compensated for effort expended in preparing and submitting price quotes.
  4. At such time as work is to be performed under a change order, if any, the work shall be incorporated into the Construction Schedule and the Schedule of Values and shall in all respects be integrated into the construction as a part of the Contract as awarded.
  5. The Change Order for the required work will be issued by the Architect/Engineer upon receipt from the Contractor of a satisfactory proposal for performance of the work and the acceptance thereof by the Architect/Engineer and the Owner. If the nature of the work is such that a Unit Price or Lump Sum price is not economically practical, the Change Order may be issued to perform the work on a Cost Plus Basis.
  6. The Contractor shall solicit not less than three (3) competitive bids from appropriate subcontractors and materials suppliers when so directed by the Architect/Engineer for performance of the work in accordance with such Plans and Specifications as may be required and as may be furnished by the Architect/Engineer. The Contractor shall submit the solicited bids to the Architect/Engineer for approval or rejection. If the bids are rejected by the Architect/Engineer, the Contractor shall solicit additional bids for submittal.
2. Deletion or Addition of Work
  1. In the event the Owner exercises its right to delete any portion(s) of the work contemplated herein, such deletion will be ordered and the Contract total Amount will be adjusted as provided for in these Contract Documents.
    1. Deleted Work – Lump Sum Item(s)
      The Contractor shall credit the Owner for the reasonable value of the deleted work determined from the approved Schedule of Values, subject to approval by the Architect/Engineer. If the reasonable value of the deleted work cannot be readily ascertained from the Schedule of Values submitted in accordance with these General Conditions or if requested by the Architect/Engineer, the Contractor shall supply all data required by the Architect/Engineer to substantiate the amount of the credit to be given the Owner.
  2. The Contractor shall be reimbursed for any actual reasonable expenses incurred prior to the notice of deletion of work as a result of preparing to perform the work deleted. The Contractor shall submit to the Architect/Engineer all data required to substantiate the amount of compensation requested. In no event shall the Contractor be entitled to quantity of Work shown on the Schedule of Prices Bid in the Bid Form.
  3. No payment(s) shall be made to the Contractor by the Owner for loss of anticipated profit(s) from any deleted work.
  4. In the event the Owner exercises its right to add to any portion of the work contemplated herein, such addition will be ordered and the Contract Total Amount and Contract Time will be adjusted as provided for in these contract Documents by Change Order or by Work Order as appropriate
3. Extra Work Not Covered by Contract Prices
  1. All additional work ordered, work changed or deleted shall be authorized by Change Order(s). All changed or added work so authorized shall be performed by the Contractor at the time and in the manner specified.
  2. If Work is ordered, changed or deleted which is not covered by the Lump Sum Agreement, then the Owner and the Contractor shall negotiate an equitable adjustment to the Contract Price for the Direct and Indirect Costs for the performance of such work. Direct Costs, as described in Article 1, are limited to site labor costs, permanent materials costs and Special Equipment Costs. Indirect Costs for Work ordered changed or deleted may be reimbursed for Excusable and Compensable Delay as defined in these Contract Documents.
    In order to reimburse the Contractor for additional Direct Costs by Change Order or any other means, the Contractor must have additional work added to the Contract Scope of Work. The additional cost of idle or inefficient labor from any cause or the additional cost of labor made idle or inefficient from any cause will not be considered a reimbursable additional Direct Cost. Special Equipment or Machinery which is made idle or inefficient by the Work ordered, changed or deleted may be reimbursable if approved by the Architect/Engineer as an unavoidable cost to the Contractor caused by the Owner.
    Costs of Special Equipment or Machinery approved by the Architect/Engineer shall be calculated using the current issue of the AED Manual. The selection of which of the AED rates (daily, weekly, monthly) to be used to calculate these costs shall be as follows:
    - For approved time extensions of between one day and seven days, use the daily rate
    - For approved time extensions of between seven days and thirty days, use the weekly rate
    - For approved time extensions of between thirty days, use the monthly rate.
  3. If the Owner and the Contractor cannot reach agreement on an equitable adjustment to the Contract Price as prescribed above, then the extra work will be performed on a force account basis as directed by the Architect/Engineer and paid for as specified below.
  4. The following percentages will be allowed as mark-ups over Direct Costs for all negotiated adjustments to the Contract or for work performed on a negotiated lump sum basis or a force account basis (time and materials work):
    1. Extra Work Performed by Contractor’s Own Forces
      The Contractor shall be paid 10% time the actual Direct Cost as direct compensation for Overhead, profit and all other costs associated with the Work.
    2. Extra Work Performed by a Subcontractor or any Subtier Subcontractor
      The Contractor shall be paid 15% times the subcontractor’s or subtier subcontractor’s actual Direct Cost as direct compensation for the Contractor and Subcontractors’ Overhead, profit and all other costs associated with the Work at all tiers.
    3. Extra Work Involving Compensable Time Extensions
      If a compensable time extension is approved the Contractor will be paid the daily rate stipulated in the Bid Form.
  5. In the event extra work is performed on a force account basis, then the Contractor and the Subcontractor(s), as appropriate shall maintain itemized daily records of costs quantities labor and the use of authorized Special Equipment or Machinery. Copies of such records maintained as follows shall be furnished to the Architect/Engineer daily for approval, subject to audit.
  6. Increases to the Contract Amount shall be authorized by a Change Order executed by the Contractor, the Contractor’s Surety and the Owner. Decreases to the Contract amount shall be by Change Order or Work Order as determined by the Owner.
  7. Any claim for payment of Extra Work that is not covered by a Change Order will be rejected by the Owner.
4. Non-Excusable and Excusable Delays
  1. A Non-Excusable Delay is any delay which extends the completion of the Work or portion of the Work beyond the Contract Time and which is caused by the act, fault or omission of the Contractor or any subcontractor, materialmen, supplier or vendor to the Contractor. Delays in obtaining permits caused by the Contractor’s actions or lack of actions are Non-Excusable Delays. A Non-Excusable Delay shall not be cause for granting a Contract Time extension and shall subject the Contractor to liquidated damages.
  2. An Excusable Delay is any delay which extends the completion of the Work and which is caused by circumstances beyond the control of the Contractor or its Subcontractors, materialmen, suppliers or vendors. The Contractor many be entitled to a Contract time extension for each day the Work is delayed beyond the Contract Time due to an Excusable Delay.
  3. The Contractor shall document its claim for any time extension in accordance with the requirements of these General Conditions. Failure of the Contractor to comply with all requirements as to any particular event of Project delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of Project delay.
  4. An Excusable Delay may be Compensable or Non-Compensable. The Contractor shall be entitled to Liquidated Indirect Costs for Compensable Excusable Delay, in accordance with the Contract Documents.
  5. An Excusable Delay is Compensable when:
    1. The delay causes the Work to extend beyond the Contract Time and
    2. The delay is caused by circumstance beyond the control of the Contractor or its subcontractors, materialmen, suppliers or vendors, and
    3. The delay is caused by an act or omission of the Owner, or of the Architect/Engineer provided, however, delays caused by permitting agencies, whether or not part of Miami-Dade County, are non-compensable excusable delays to the extent that such delays were not caused by the Contractor permitting delays caused by the Contractor are non-excusable delays.
  6. An Excusable Delay is Non-Compensable when:
    1. It is caused by circumstances beyond the control of the Contractor, its Subcontractors, materialmen, suppliers and vendors and is also caused by circumstances beyond the control of the Owner and the Architect/Engineer, such as delay(s) caused by the permitting agencies whether or not part of the City of Homestead to the extent that such delays were not caused by the Contractor or
    2. It is caused jointly or concurrently by the Contractor or its subcontractors, materialmen, suppliers or vendors and by the Owner or the Architect/Engineer, then the Contractor shall be entitled only to a time extension and no further compensation for the delay or
    3. The delay does not cause the Work to extend beyond the Contract Time.
  7. Weather may be grounds for Non-Compensable Excusable Delay if the inclement weather is unusually frequent or unusually severe, occurs when no inside work is being performed and delays the completion of the Work.
  8. In no event shall the Contractor be compensated for interim which do not extend the Contract Time.
  9. In no event shall Contractor be compensated for delays except for delays exceeding the Contract time stipulated in the Bid Forms.
5. Liquidated Damages and Liquidated Indirect Costs
  1. The parties to the Contract agree that time, in the completion of the Work is of the essence. The Owner and the Contractor recognize and agree that the precise amount of actual damages for delay in the performance and Completion of the Work is impossible to determine as of the date of execution of the contract and that proof of the precise amount will be difficult. Therefore, the contractor shall be assessed Liquidated Damages on a daily basis for each Day the Contract Time is exceeded due to a Non-Excusable Delay. These Liquidated Damages shall be assessed, not as a penalty, but as compensation to the Owner for expenses which are difficult to quantify with any certainty and which were incurred by the Owner due to the delay. The amount of liquidated damages assessed shall be an amount, as stipulated in the Bid Form, per day for each calendar day which the Project is delayed due to a Non-Excusable Delay.
  2. In the event the Contractor fails to perform any other covenant or condition of this Contract relating to the Work, the Contractor shall become liable to the Owner for any actual damages which the Owner may sustain as a result of such failure on the part of the Contractor.
  3. Nothing in this Article shall be construed as limiting the right of the Owner to terminate the Contract, to require the Surety to complete said Project, and to claim damages for the failure of the Contractor to abide by each and every one of the terms of this contract as set forth and provided for in the Contract Documents.
6. Temporary Suspension of Work
  1. The Architect/Engineer and the Owner shall have the authority to suspended the work wholly, or in part, for such period or periods as may be deemed necessary, because of unsuitable weather, for failure of surety, or other conditions unfavorable for the prosecution of the work, or for failure ton the part of the Contractor to carry out the instructions of the Architect/Engineer or Owner as provided in the Contract Documents.
  2. If it should become necessary to suspend the work for an indefinite period, the Contractor shall store all materials in such a manner that they will not become an obstruction, nor become damaged in any way, and it shall take every precaution to prevent damage or deterioration of the work performed. The contractor shall construct temporary structures where necessary to provide for traffic on, to, or from the jobsite.
  3. The Contractor shall not suspend the work without written order from the Architect/Engineer or Owner.
  4. In the event that the Contractor is ordered by the Architect/Engineer or Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract Documents and over which the Contractor, his Subcontractors, Suppliers or Materialmen have no control, the period of such shutdown, if it causes delay in the completion time, may be considered Compensable Excusable delay as provided elsewhere in the Contract Documents. The period of shutdown shall be computed from the effective date of the Architect/Engineer or Owner’s order to suspend work to the effective date of the Architect/Engineer or Owner’s order to resume the work. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delays provided for in the Contract Documents.
  5. Nothing in this Contract shall be construed as entitling the Contractor to compensation for delays due to failure of the Surety, suspensions ordered as a result of the Contractor’s nonconformance with the Contract Documents, as a result of the Contractor’s failure to carry out the instructions of the Architect/Engineer and Owner, or for any other delays not specifically deemed to be Compensable Excusable Delays, as provided for elsewhere in the Contract Documents.
WARRANTY/GUARANTEE: —
The successful bidder will be required to warranty/guarantee all work performed. The warranty/guarantee that the vendor is offering shall be described in detail and submitted with their bid.
Only manufacturer’s authorized parts or approved equal shall be used in the equipment repairs. All parts used must be new. Whenever parts are to be replaced, the Contractor shall ensure that all warranty conditions are maintained. Parts and labor shall be warranted for a minimum period of one (1) year from date of installation, and the contractor shall maintain a record of all warranted parts.
If Contractor finds a piece of equipment that appears to be under manufacture warranty and recognizes that it may not be maintenance by a Third-Party. It is the Contractors responsibility to list it and bring it to the attention of the Project Manager.
ARTICLE 8 - CLAIMS FOR ADDITIONAL COMPENSATION —
1. Claims and Damages
  1. Should the Contractor suffer injury or damage to person or property because of an act or omission of Owner or of any of its employees, agents or others for whose acts the Owner is legally liable, a claim shall be made in writing to the Owner within 10 days after the first observance of such injury or damage.
  2. Each claim must be certified and accompanied by certified final bid tabulation in accordance with Section - City of Homestead Claims Certification Procedure.
  3. No claims for additional compensation, time extension or for any other relief under the Contract shall be recognized, processed, or treated in any manner unless the same is presented in accordance with this Article. Failure to present and process any claim in accordance with this Article shall be conclusively deemed a waiver, abandonment or relinquishment of any such claim, it being expressly understood and agreed that the timely presentation of claims, in sufficient detail to allow proper investigation and prompt resolution thereof, is essential to the administration of this Contract.
  4. Each and every claim shall be made in writing and delivered to the Field Representative as soon as reasonably practicable after the event, occurrence or non-occurrence which gives rise to such claim, however, in no event later than 10 days after the event or occurrence, or in the case of non-occurrence, within 10 days after the time when performance should have occurred. Verbal, telephone, email or facsimile notice shall be given in those instances where delay in presenting the claim would result in the conditions causing the claim to change, thereby requiring an immediate need to examine the job site or other conditions to ascertain the nature of the claim before the condition(s) disappear or become unobservable.
    Any such oral or facsimile notice shall be followed, at the earliest practicable time, but in no event more than 10 days after the event causing the claim, by written confirmation of the claim information.
  5. Each and every claim shall state:
    1. The date of the event or occurrence giving rise to the claim. In the case of a claim arising from a claimed nonperformance, the date when it is claimed that performance should have occurred shall be stated.
    2. The exact nature of the claim, including sufficient detail to identify the basis for the claim, including by way of example only, such detail as drawing numbers, specification sections, job site location, affected trades, contract clauses relied upon, schedule references, correspondence, photographs or any other details reasonably necessary to state the claim.
    3. The claim shall clearly state whether additional monies are part of the claim. If known, the dollar value associated with the claim shall be stated. If unknown, the notice shall indicate the types of expenses, costs or other monetary items that are reasonably expected to be part of the claim amount.
    4. The dollar value associated with the claim, along with all supporting documentation, shall be delivered within 30 days after completion of the work that is subject of the claim. It shall be broken down into Direct and Indirect Costs. The Direct Costs shall be calculated as Changes in the Work.
    5. Any claim for additional monies that also involves a request for a Contract time extension shall be submitted together with the amount of time being requested and the supporting data, including applicable scheduling references supporting the claim. Scheduling references shall include a month-by-month time impact analysis (TIA) using the approved monthly progress schedules and demonstrating the effect of the delay or change on the Contract completion date for each monthly update period that the change or delay affects.
    6. No reservation of rights will be effective to preserve any claims that are not fully documented and submitted in accordance with requirements of these Contract Documents. Failure of the Contractor to make a specific reservation of rights regarding any such disputed amounts within the Request for Partial Payment or the Request for Final Payment shall be construed as a waiver, abandonment and relinquishment of all claims for additional monies resulting from the claim.
  6. The currently approved overall project schedule(s) shall be the basis for interpreting any and all time-associated provisions of the Contract, including proposed time extensions. Proposed time extensions must include a time impact analysis (TIA), clearly showing the impact on the current schedule and conclusively proving the validity of the proposed extension.
    In order to request additional time or compensation associated with changes or delays, the Contractor shall submit a written request for time extension with his request for Change Order and a time impact analysis (TlA). The TlA shall demonstrate the time impact of each change or delay based on the date of the change or start of delay on the Contractor's current construction schedule. Each TIA shall include how the Contractor proposes to incorporate the changes or delays into its construction schedule. Contractor's failure to submit the TlA in accordance with this paragraph shall constitute a waiver and abandonment by Contractor of any claims for time-related issues.
    1. The Contractor shall submit the time impact proposal used in the T1A within ten (10) days after a delay commences.
    2. Where the Contractor does not submit a TIA for a specific change or delay within the period of time specified herein. then it is expressly understood that the particular change or delay has no time impact on the Contract completion date and no time extension is required or shall be subsequently granted.
    3. Payment for delays shall be in accordance with the General Conditions.
      Proposed contract time extensions shall not be approved unless the time extension will cause the Contract completion date to be extended.
  7. The Architect/Engineer and the Field Representative shall be allowed full and complete access to all personnel, documents, work sites or other information reasonably necessary to investigate any claim. Within 60 days after a claim has been received, the claim shall either be recognized or if the claim is not recognized within 60 days, it shall be deemed denied. If the claim is recognized, the parties shall attempt to negotiate a satisfactory settlement of the claim, which settlement shall be included in a subsequent Change Order or Purchase Order. If the parties fail to reach an agreement on a recognized claim, the Owner shall pay to the Contractor the amount of money it deems reasonable, less any appropriate retention to compensate the Contractor for the recognized claim.
  8. The Contractor shall not cease work on account of any denied claim or any recognized claim upon which an agreement cannot be reached.
  9. With regard to any and all claims for additional compensation resulting from delays to the Work, it is expressly understood and agreed as follows:
    1. The claimed delay shall not result from a cause specified in the Contract Documents as a Non-excusable Delay.
    2. Notice of the claim shall have been provided in accordance with and within the time specified in this Article.
    3. The Contractor assumes all risk for the following items, none of which shall be the subject of any claim and none of which shall be compensated for except as they may have been included in the compensation for indirect costs.
      1. Home office expenses or any direct costs incurred allocated from the headquarters of the Contractor.
      2. Loss of anticipated profits on this or any other project.
      3. Loss of bonding capacity or capability.
      4. Losses due to other projects not bid upon.
      5. Loss of business opportunities.
      6. Loss of productivity on this or any other project
      7. Loss of interest income on funds not paid.
      8. Costs to prepare, negotiate or prosecute claims.
      9. Costs spent to achieve compliance with applicable laws and ordinances (excepting only sales taxes paid shall be reimbursable expense subject to the provisions of the Contract Documents).
    4. All claimed items of additional compensation shall be properly documented and supported with copies of invoices, time sheets, rental agreements, crew sheets and the like.
    5. No payment(s) shall be made to the Contractor by the Owner for loss of anticipated profit(s) from any deleted work.
2. City of Homestead Claims Certification Procedure
  1. Short title: purpose
    1. The purpose of the City of Homestead Certification Procedure is to deter persons from knowingly causing or assisting in causing the City to pay claims that are false, fraudulent, or inflated, and to provide remedies for obtaining damages and civil penalties for the City when money is sought or obtained from the City by reason of a false claim.
    2. The provisions of this procedure are not exclusive, and the remedies provided for in this procedure shall be in addition to any other remedies provided for in any other law, or available under common law, or otherwise.
    3. This procedure shall be liberally construed and applied to promote the public interest.
  2. Definitions
    The following terms and phrases, when used in this procedure, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
    1. Bid takeoff means the final estimate, tabulation, or worksheet prepared by the contractor in anticipation of the bid submitted, and which shall reflect the final bid price.
    2. Claim means any invoice, statement, request, demand, lawsuit, or action under contract or otherwise, for money, property, or services made to any employee, officer, or agent of the City, or to any contractor, grantee, or other recipient if any portion of the money, property, or services requested or demanded was issued from, or was provided by, the City (hereinafter "City funds").
    3. Claimant means any person who brings, submits, files, maintains, or pursues a claim.
    4. City means the government of the City of Homestead or any department, division, bureau, section, commission, planning agency, board, district, authority, agency, or instrumentality of the City.
    5. Extended overhead means the amount of a claim relating to an increase in overhead costs resulting from a delay in contract performance that is not compensated by a markup of direct costs.
    6. Knowing or knowingly means that a person, with respect to information:
      1. Has actual knowledge of the information;
      2. Acts in deliberate ignorance of the truth or falsity of the information; or
      3. Acts in reckless disregard of the truth or falsity of the information.
    7. Overhead per diem means the amount calculated by dividing the total overhead costs set forth in the final bid takeoff by the number of days for substantial completion of the work set forth in the contract.
    8. Person means any natural person, corporation, firm, association, organization, partnership, agency, limited liability company, business, or trust.
  3. Certification of claims
    1. Upon the request of the City, the person submitting a claim shall, within thirty (30) calendar days, including Saturdays, Sundays, and legal holidays, submit a certified claim as defined by this section. A "certified claim" shall be made under oath by a person duly authorized by the claimant, and shall contain a statement that:
      1. The claim is made in good faith;
      2. The claim's supporting data are accurate and complete to the best of the person's knowledge and belief;
      3. The amount of the claim accurately reflects the amount that the claimant believes is due from the City; and
      4. The certifying person is duly authorized by the claimant to certify the claim.
    2. Failure to provide the requested certification within the prescribed thirty (30) day period shall constitute a forfeiture of the entire claim.
  4. Liability for false claims; penalties
    1. The following action(s) shall constitute a violation of this article:
      1. Any person who knowingly presents or causes to be presented to the City, or to any officer, employee, agent, or consultant of the City, a false or fraudulent claim for payment or approval;
      2. Any person who knowingly makes, uses, or causes to be made or used, a false record or statement to get a false, fraudulent, or inflated claim paid or approved by the City;
      3. Any person who conspires to defraud the City by facilitating the payment of a false, fraudulent, or inflated claim allowed or paid by the City;
      4. Any person who delivers, with the intent to defraud the City, goods or services of different quality or quantity than that specified in the applicable contract or specification;
      5. Any person who is authorized to make or deliver a document certifying receipt of property used, or to be used, by the City and, intending to defraud the City, makes or delivers the receipt without completely knowing that the information on the receipt is true;
      6. Any person who knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer, employee, or agent of the City who lawfully may not sell or pledge the property; or
      7. Any person who knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the City.
    2. Any beneficiary of an inadvertent submission of a false claim to the City, who subsequently discovers the falsity of the claim, and who fails to disclose the falsity of the claim to the City within thirty (30) days of discovering the error, shall also be found to have submitted a false claim to the City.
    3. Any person found to have submitted a false claim to the City shall:
      1. Be liable to the City for an amount equal to three (3) times that part of the claim which is false, fraudulent, or inflated;
      2. Immediately, fully, and irrevocably forfeit the entire amount of the claim;
      3. Be liable to the City for all costs and fees (including, without limitation, reasonable legal, expert, and consulting fees) incurred by the City to review, defend, and evaluate the claim; and
      4. Be subject to debarment from City contracting for a period not to exceed five (5) years. Additionally, any person who certified a claim later found to be false shall be subject to debarment from City contracting for a period not to exceed five (5) years.
    4. Liability under this section shall be joint and several for any act committed by two (2) or more persons.
BIDDER QUALIFICATIONS: —
In order for bids to be considered, Bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. A Company Profile shall be provided and must include evidence and all necessary information to certify that the Bidder:
1. Maintains a permanent place of business [i.e. length of time in business];
  1. Has technical knowledge and practical experience included in this scope of work [i.e. any certifications, or training that you company goes through, along with years of experience using these products or providing these services,
  2. Resume and experience of those individuals who will be assigned to this project as Project Manager and/or Project Team;
  3. Has available the organization and qualified manpower to do the work [i.e. number of employees, size of warehouse, office, location];
  4. Has adequate financial status to meet the financial obligations incidental to the work;
  5. Has not had just or proper claims pending against him or his work;
  6. Has installed and serviced similar type, size and complexity of such project, evidence will consist of listing the nature of work for each of the last five (5) years.
  7. List of any pending or past litigation including all its principals and officers with the City.
2.7.1 A Bidder must hold at the time of bid is submitted:
1. A current valid certificate, as listed below, qualifying the Bidder to perform the work contemplated by these Contract Documents. Failure to hold the appropriate certificate at the time this Bid is submitted shall render the Bid non-responsive.
  1. The State of Florida Construction Industry Licensing Board, pursuant to the provisions of Section 489.115 of the Florida Statutes; or
  2. The Miami-Dade County Construction Trades Qualifying Board, pursuant to the provisions of Section 10-3 (a) of the Miami-Dade County Code. Holders of Miami-Dade County Certificates of Competency must also hold Certificates of Registration issued by the State of Florida Construction Industry Licensing Board, pursuant to the provisions of Section 489.117, Florida Statutes.
  3. Successful bidders (General Contractor and Qualifier) must also register with the City of Homestead’s Development Services, Planning and Zoning Department prior to performing any work associated with this project.
2. If Bidder is a joint venture, the joint venture entity, of whatever nature or qualifications, must be qualified as a separate and distinct entity, as required by the rules of the State of Florida Department of Professional Regulations. Joint Venture Bidders not otherwise qualified as set forth above. may submit Qualifications if they have initiated the process with the Florida Construction Industry Licensing Board and have received a letter from the Department of Professional Regulations (DPR) attesting that they have satisfied the requirements of The State of Florida Department of Professional Regulations pertaining to the Qualifications of Joint Ventures. Such letters must be submitted with the Bid.
2.7.2 Must be registered, active and not be listed in the System for Award Management (SAM) as an excluded party.
2.7.3 State of Florida General Contractor License is required.
2.7.4 Failure to comply with the provisions of this Section 2.7 at the time this bid is submitted, shall render the Bid non-responsive.
QUALITY: —
All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship.
ARTICLE 9 - CONFORMITY WITH CONTRACT DOCUMENTS —
1. Conformity with Plans and Specifications
  1. All work and all materials furnished shall be in reasonably close conformity with the lines, grades and grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract Documents.
  2. If the Architect/Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the Contract Documents but that the portion of the affected work will, in its opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, it will advise the Owner of its determination that the affected work be accepted and remain in place. In this event, the Architect/Engineer will document its determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the Contract Price for the affected portion of the work. The Architect/Engineer’s determination and recommended Contract Price adjustments will be based on the requirements of the Technical Specifications, good professional judgment and such tests or retests of the affected work as are, in its opinion needed. Changes in the Contract Price will be made in a Change Order as applicable.
    If the Architect/Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the Contract Documents and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Architect/Engineers written orders.
    For the purpose of this Article, the term “reasonably close conformity” shall not be construed as waiving the Contractors responsibility to complete the work in accordance with the requirements of the Contract Documents. The term “reasonably close conformity” shall not be construed as waiving the Architect/Engineers or the Owners right to insist on strict compliance with the requirements of the Contract Documents during the Contractors prosecution of the work, when, in the Architect/Engineer’s or the Owners opinion, such compliance is essential to provide an acceptable finished portion of the work.
    For the purpose of this Article, the term “reasonably close conformity” is also intended to provide the Architect/Engineer with the authority to use good professional judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract Documents.
2. Removal of Defective or Unauthorized Work
  1. All work which has been rejected by either the Architect/Engineer or the Field Representative shall be satisfactorily repaired or if it cannot be satisfactorily repaired it shall be removed and replaced all at no additional cost to the Owner.
    Materials not conforming to the requirements of the Contract Documents shall be removed immediately from the site of the work and replaced with satisfactory material by the Contractor at no additional cost to the Owner.
  2. Work done without control lines and grades having been furnished by either the Architect/Engineer or the Field Representative, work done beyond the scope of the Contract work done without proper inspections, or any extra work done without written authority, will be at the Contractors risk, and such work shall not be paid for unless written authorization in the form of a Change Order is obtained. In the event written authorization is not obtained, such work shall be removed or replaced by the Contractor, at no additional cost to the Owner, upon the directions of the Field Representative.
  3. Work that is defective or Work that fails to conform with the Contract Documents will be at the Contractors risk, and no payment shall be made for such work. To the extent any modifications or alterations are required due to any aspect of the Project not complying with the ADA or other applicable laws or regulations, such work shall be satisfactorily repaired or if it cannot be satisfactorily repaired it shall be removed and replaced all at no additional cost to the Owner. As specified in the Technical Specifications or at the option of the Owner, an agreed equitable amount may be deducted from the Contract amount in lieu of replacement or repair of work not fully meeting the requirements of the Contract Documents. Acceptance by the Owner of such deduction shall not modify the requirements of any guarantees called for by the Contract Documents. Written authorization for such work must be obtained in the form of a Change Order with the appropriate credit to the Owner. In the event written authorization is not obtained, and upon the directions of the Field Representative, such work shall be removed or replaced by the Contractor at no additional cost to the Owner.
  4. If either the Architect/Engineer or the Field Representative so requests, the Contractor shall at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examinations, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. If the work thus exposed or examined proves acceptable, the uncovering or removing and the replacing of the covering or making good of parts removed shall be at the Owner’s expense, but if the work so exposed or examined proves unacceptable, the uncovering or removing and the replacing of the covering or making good of the defective work shall be at the Contractors expense.
  5. No extension of time will be allowed the Contractor in connection with the correction of work that fails to conform with the Contract Documents.
3. Correction of Work
  1. The Contractor shall promptly correct all Work rejected by either the Architect/Engineer or the Field Representative as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting rejected Work, including the cost of the Architect/Engineers services, the Field Representative and the Owners additional services.
  2. After being notified in writing by the Field Representative or the Owner, of work that is not in accordance with the requirements of the Contract Documents, or of any defects in the Work the Contractor shall promptly commence and prosecute with due diligence all work necessary to fulfill the terms of the Contract, and to complete the Work within a reasonable period of time.
    - In the event of an emergency, constituting an immediate hazard to the health or safety of personnel and/or property, the Owner, without prior notice, has the right but not the obligation to undertake at the Contractor’s expense, all work necessary to correct such hazardous condition when it was caused by work of the Contractor not being in accordance with the requirements of the Contract Documents.
  3. If within one year after the date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct such work within ten days after receipt of a written notice from the Owner to do so. In the event the Contractor fails to comply, the Owner may proceed to have such work done at the Contractor’s expense and the Contractor and/or its surety will pay the cost thereof upon demand. The Owner shall be entitled to all costs, including reasonable attorney’s fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.
  4. All such defective or non-conforming work shall be removed from the site if necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner.
  5. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction.
  6. Upon failure on the part of the Contractor to comply forthwith with any order of the Field Representative made under the provisions of this Article, the Owner will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor.
  7. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents.
CANCELLATION: —
RESERVED
PRODUCT/CATALOG INFORMATION: —
All Bidders must submit catalog information on the product(s) and/or unit(s) they propose to furnish if awarded this Contract. Failure to submit such information will result in rejection of your Bid.
All Bids that include substances found on the current Florida Toxic Substance List must be submitted with a Material Data Sheet, in accordance with Florida Statutes – Chapter 422.106.
ARTICLE 10 - PAYMENTS —
1. Scope of Payment
  Contractor shall submit a lump sum price inclusive of all labor, parts/supplies needed to demolish, construct, furnish, deliver, install and/or complete project as described herein, and supply all other incidental material and appliances, tools, transportation, etc., required to complete the work, and to leave the premises in first-class condition.
  All bid prices must be F.O.B./C.I.F. destination, freight prepaid Homestead, Florida with delivery to the location specified at the time of order.
  The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance.
  The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, to the provisions of the Contract Documents.
  When the “Basis of Payment” Article of a Technical Specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the Contract, Plans, or Specifications.
  When the accepted quantities of work vary from the quantities in the Bid Form, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract bid price for the accepted quantities of work actually completed and accepted. No allowance except as provided for in subsection titled “Deletion or Addition of Work” will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from its unbalanced allocation of overhead and profit among the Contract items, or from any other cause.
2. Partial Payments to the Contractor
  1. Within fifteen (15) days after the award of the Contract in accordance with the Instructions to Bidders, the successful low Bidder shall prepare and submit to the Field Representative the following items for approval by the Architect/Engineer and the Owner:
    1. Preliminary Schedule of Values.
    2. Schedule of Estimated Monthly Partial Payments.
  2. Submit the Construction Progress Schedules within the time frames specified in Division 1.
  3. No payments will be made until the preliminary Schedule of Values, Schedule of Estimated Monthly Partial Payments and the Construction Progress Schedules required as specified above are received and approved by the Architect/Engineer and the Owner.
  4. Within ten (10) calendar days from the approval of the Overall Construction Progress Schedule, as specified in Division I, the Contractor shall prepare and submit to the Field Representative the itemized Schedule of Values. No further Partial Payments will be made until the Overall Construction Schedule and Schedule of Values are received and approved by Architect and the Owner.
  5. The Schedule of Values shall be prepared on the form provided by the Owner and shall relate to the activities and monetary values shown in the approved Overall Construction Progress Schedule. It will include a complete breakdown of all project costs by the Specification Sections and Subsections for each of the major items of the work. It shall be revised when requested by the Field Representative if any of the values of items of work in the Schedule of Values appear to be incorrect or unbalanced. No such revisions shall in any manner alter the Total Contract Amount. Supporting data acceptable to the Field Representative will be required to substantiate the Schedule of Values. The approved Schedule of Values shall be used in the preparation of the Partial Payments and shall be used in determining the equitable value of work to be deleted from a lump sum contract or a lump sum item.
  6. The Schedule of Estimated Monthly Partial Payments shall be realistic and shall conform to the construction schedules. The Schedule of Estimated Monthly Partial Payments may be adjusted from time to time, to reflect changes, if any in the Overall Project Schedule.
  7. The Contractor may request payments, on a monthly basis, as the work progresses. Payments shall be based on prepared Applications for Payment showing the value of work performed each month, including work completed and materials delivered and properly stored on the Site.
  8. The Contractor shall prepare each Application for Payment and submit the same to the Field Representative for approval by the Architect/Engineer. All payments to the Contractor shall be payable at the administration offices of the City of Homestead, Finance Department, mail applications to; 650 NE 22 Terrace, Homestead, FL 33030.
  9. The Contractor shall submit as attachments to each Application for Payment, a current, updated and approved project schedule, three (3) copies of a properly executed Contractor’s affidavit and Subcontractors' affidavit(s) in the forms as bound herein and proof that As-Built Information is being maintained up to date. No monthly estimate will be approved for payment without certification from the Field Representative that the Contractor’s As-Built drawings have been updated and are current as of the date of the monthly Application for Payment.
  10. Payment for work represented by monthly Applications for Payment will be made approximately thirty (30) calendar days after the Architect/Engineer approval of the Application for Payment. In case of a dispute in one or more of the amounts in an Application for Payment, only the amounts not being disputed will be paid.
  11. The quantity of work performed and its value will be determined based on field measurements made by the Field Representative and from the approved Schedule of Values, and any changes in the work as may be authorized by the Owner.
  12. The value of materials on hand but not incorporated in the work will be determined by the Field Representative, based on actual invoice costs to the Contractor, and such value will be included in the monthly Applications for Payment only if the materials have been properly stored on the Site, provided that such materials meet the requirements of the Contract Plans and Specifications and are delivered to acceptable sites within the City of Homestead that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:
    1. The material has been stored and stockpiled in a manner acceptable to the Field Representative at or on the approved site.
    2. The Contractor has furnished the Field Representative with acceptable evidence of the quantity and quality of such stored or stockpiled materials.
    3. The Contractor has furnished the Field Representative with satisfactory evidence that the material and transportation costs have been paid.
    4. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored and stockpiled.
    5. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials in accordance with the requirements of the Contract Plans, and Specifications and does not waive Owners claim to reject defective materials when it is delivered to the job site.
    6. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used, or the value for such materials established in the approved Schedule of Value.
    7. No partial payment will be made for stored or stockpiled living or perishable plant materials.
    8. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this Article.
  13. The Owner shall retain ten percent (10%) of the value of such work and materials. At Final Acceptance, the retainage will be released with the Final Payment.
  14. The Owner shall pay the Contractor the balance not retained as aforesaid, after deducting therefrom all previous payments. The estimates will be approximate only and all partial or monthly estimates and payments shall be subject to correction in the Application for Payment rendered following discovery of an error in any previous Application for Payment.
  15. In the event the Contractor's monthly Payments, the Contractor shall submit a revised Schedule of Estimated Monthly Partial Payments to the Field Representative for approval by the Architect/Engineer.
  16. In the event the Surety on the Performance and Payment Bonds given by the Contractor becomes insolvent, or is placed in the hands of a receiver, or has its right to do business in the State of Florida suspended or revoked as provided by law, the Owner shall withhold payment of any Application(s) for Payment filed and certified by the Architect/Engineer until the Contractor shall given good and sufficient Bond(s) as required by the Contract Documents, in lieu of the Bond(s) so executed by such Surety.
  17. If any work or material is discovered, which in the opinion of either the Architect/Engineer or the Field Representative is defective, or should a reasonable doubt arise on the part of the either the Architect/Engineer or the Field Representative as to the integrity of any part of the work completed previous to the final acceptance and payment, there will be deducted from the first Application for Payment rendered after the discovery of such work, an amount equal in value to the defective or questioned work, and this work will not be included in any subsequent Applications for Payment until the defects have been remedied or the causes for doubt removed.
  18. If the Contractor fails to complete the Work, prior to or on the Contract completion date, no further Payments will be made after the date of Contract completion date until the Contractor delivers to the Owner a written consent of the Contractor's Surety covering all payments to be made thereafter without affecting the validity of the Performance and Payment Bonds.
3. Subcontractor's Affidavits for Payments
  1. Every request by the Contractor for payment of work performed, except the first draw, shall be accompanied by Affidavits and Release of Claims to be in substantially the form as bound herein.
4. Final Payment
  1. After Final Acceptance of the Work, a request for Final Payment prepared by the Contractor shall be submitted to the Field Representative for approval by the Architect/Engineer and the Owner and subsequent payment to the Contractor.
  2. Except as may be noted on the Contractor’s Affidavit and Release of All Claims, the Contractor hereby agrees to accept Final Payment as full payment for performing and completing the Work, for furnishing all labor, materials, services, equipment and everything necessary for or incidental to, and for all incidental expenses in connection with, for all loss by damage to or destruction of the Work due to any cause whatsoever, for any additional expenses because of delays or unforeseen difficulties encountered for settlement of claims, agreed upon deductions in lieu of removal and replacement of defective work, and for replacement of defective work and materials. Except as may be noted on the Contractor's Affidavit and Release of All Claims, acceptance of the Final Payment shall constitute an accord and satisfaction between the Owner and the Contractor. In case of unresolved Subcontractor claims against the Contractor, the Owner will withhold all disputed amounts unless the Contractor provides a fully executed Consent of Surety in a form acceptable to the Owner.
5. Salvage Credits
  Pursuant to 49 CFR 18.36, the usage of salvage credits is not allowed.
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: —
If the Bidder is awarded a contract under this bid solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the Bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term.
BID SUBMITTAL & FORMS: —
Other forms to be included with your submission include the following: ADA Disability Nondiscrimination Statement, Business Entity Disclosure Statement/Conflict of Interest , Certificate of Debarment, Drug-Free Workplace Affidavit, Scrutinized Companies Form, E-Verify, Sworn Statement on Public Entity Crimes form, Performance Survey Form, minimum of three Reference Questionnaires completed by refences, Notification of Social Security Number, W9, and all required product information and any other items as indicated in this Section or any part of this Invitation to Bid. Bids will be considered “Non-Responsive” for lack of including the required sealed Bid Bond Form if the required forms are not submitted by the due date and time specified. Bids may also be rejected for lack of including other forms as indicated in this section or any other section in this Invitation to Bid or issued Addenda.
1. STATEMENT OF NO BID: Bidders in receipt of a bid notice that are not able to bid for any reason whatsoever, must complete the NO BID form attached hereto prior to the stipulated bid opening deadline.
2. AMERICANS WITH DISABILITIES ACT OF 1990: Equal Opportunity for Individuals with Disability The Contractor and the City of Homestead, (hereafter “owner”) shall agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this Contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this Contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this Contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this Contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
3. BUSINESS ENTITY DISCLOSURE STATEMENT/CONFLICT OF INTEREST: Bidder or Vendor hereby recognizes and certifies that no elected official, board member, or employee of the City shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent, domestic partner, stepmother, stepfather, or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder or as defined by Miami Dade County. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Vendor or Bidder. Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City Manager upon advice of the City Attorney. Further, Bidder or Vendor recognizes that with respect to this transaction or Bid, if any Bidder or Vendor violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder or Vendor may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to City. Bidder or Vendor must complete and execute the Business Entity Affidavit form. The terms "Bidder" or "Vendor," as used herein, include any person or entity making a proposal herein to City or providing goods or services to City.
4. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS: The Bidder certifies by submission of the Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the City of Homestead, Miami-Dade County, the State of Florida or Federal Government. Further, Bidder certifies that it has divulged, in its Bid response, information regarding any of these actions or proposed actions with other governmental agencies. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid to provide any goods or services to a public entity, may not submit a Bid to contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The awarded Bidder or any subcontractor shall not employ any persons with multiple felonies and / or crimes against children. The awarded Bidder must provide documented proof of efforts to comply with this requirement. The City may declare any noncompliance or lack of diligent effort by the awarded Bidder to comply as a breach of contract and immediately terminate the services of the awarded Bidder.
5. DRUG-FREE WORKPLACE AFFIDAVIT: In the event of identical tie low Bids, preference shall be given to businesses with drug-free workplace programs. Bidders with such programs shall complete and submit the attached form with Bid. All persons and entities that contract with City of Homestead are required to certify that they will maintain a drug-free workplace and such persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace.
6. PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
7. PERFORMANCE SURVEYS: The City conducts monthly, quarterly and post project performance surveys for vendors whom are awarded Bids and contracts. Surveys will be sent to the user-departments and will be used as a monitoring device to gauge performance and to utilize when awarding or renewing contracts.
8. REFERENCE QUESTIONNAIRES: Bidder’s shall provide their clients with the Reference Questionnaire attached herein, and Bidder shall include completed client reference questionnaire forms with their Bid. It is the responsibility of the Bidder to ensure timely responses and the return of the questionnaires from their client references. Only forms completed by the client references themselves will be considered. No Bid will be considered without the minimum required completed questionnaires as specified in these Bid Documents. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data.
9. NOTIFICATION OF SOCIAL SECURITY NUMBER COLLECTION AND USAGE: In compliance with Florida Statutes §119.071(5), the City of Homestead Procurement & Contracts Department collects and uses your Social Security number in performance of the City’s duties and responsibilities. A Social Security number is only used for legitimate employment business purposes in compliance with completing a Vendor Application in lieu of a Federal Employer Identification Number (FEIN).
10. W9 FORM: Bidder shall provide a completed W9 tax form which certifies an individual's tax identification number. A tax identification number (TIN) is the Social Security number of an individual or the Employer Identification Number of a business, fiduciary or other organization. This form must also be present in a brokerage account's files to avoid backup withholding by the IRS.
11. SCRUTINIZED COMPANIES:
  1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
  2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
  3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement.
  4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative.
12. E-VERIFY: In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein.
13. NON-COERCION AFFIDAVIT: In accordance with Section 787.06, Florida Statutes, the City requires all vendors executing, renewing or extending a contract with the City to execute the required City affidavit, attesting that vendor does not use coercion for labor or services.
14. CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED: In accordance with Section 287.138, Florida Statutes , each bidder, respondent, proposer, or vendor, is required to properly complete, execute and submit to the City the attached Affidavit which is required by the statute.
2.9.1 LICENSING: Bidder(s) shall submit, with their Bid, a copy of their valid occupational/business license and State registration [Florida State Registration can be located and printed at www.Sunbiz.org]. Bidder must also submit certificates of competency, licenses or any other certification necessary to complete the Contract. Bidders must be in good standing and authorized to transact business in the State of Florida. Must be registered and Active in the System for Award Management (SAM) and not be listed as an excluded party. In addition, all licenses required for Bidders whose businesses and professions are regulated by the Florida Department of Business and Professional Regulation must be active and current. See also Section 2.7.
2.9.2 ALTERNATE BID DOCUMENTS: Documents prepared by the City must be used for the submission of the Bid response. Alternate bids or bids that deviate from the requirements of this solicitation will not be considered. Bidders shall not insert in their submission any written statement which will have the effect of making any material change or changes in the Scope of Services or in any contract between the parties covering the subject matter thereof.
ARTICLE 11 - CONTRACT COMPLETION —
1. Determination and Extension of Contract Time
  1. All work under this Contract shall be completed within the number of calendar days stipulated in the Bid Form, counting from the effective date of the Notice-to-Proceed and including all Saturdays, Sundays, holidays and non-work days. All calendar days elapsing between the effective dates of the Field Representative’s orders to suspend and resume all work, due to causes not the fault of the Contractor, its Subcontractors or Suppliers, as specified in these General Conditions, shall be considered as Excusable Delays; request(s) for time extension shall be in accordance with the requirements of these General Conditions.
  2. If the Contractor finds it impossible for reasons beyond its control to complete the Work within the specified Contract Time, or as extended in accordance with the provisions of these General Conditions, it may, at any time prior to the expiration of the Contract Time as extended, make a written request to the Field Representative for an extension of time setting forth the reasons which it believes will justify the granting of its request. The Contractors plea that insufficient time was specified is not a valid reason for extension of time. If the Field Representative finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Field Representative may recommend to the Owner to extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be extended in the form of a Change Order that will be in full force and effect, the same as though it were the original time for completion. This Change Order may be executed prior to or after the expiration of the Contract Time as extended. All extensions, if any, will be in calendar days.
2. Beneficial Occupancy and Substantial Completion
  1. Beneficial Occupancy shall occur when the Owner in its sole discretion, determines that a portion of the Work may be occupied. The Owner may take Beneficial Occupancy in accordance with the provisions of the Contract Documents. If known that the Owner intends to take Beneficial Occupancy of any portion of the Work, such will be stated in the Contract Documents. If not known prior to the time of receipt of Bids, the Owner will give written notice to the Contractor through the Field Representative, within a reasonable time of taking any such Beneficial Occupancy.
  2. Substantial Completion shall commence when the Contractor issues a certificate of substantial completion request to the Owner. The Contractor is entitled to Substantial Completion when a Certificate of Occupancy is obtained by the Building Department, only minor Punch List items are pending, and when the Work can fully be used for the use for which it was intended.
  3. Beneficial Occupancy or issuance of a Certificate of Substantial Completion shall not constitute Final Acceptance of the Work, nor shall it relieve the Contractor of any responsibility for the correction of work or for the performance of work not complete at the time of Beneficial Occupancy or Substantial Completion.
  4. Prior to Beneficial Occupancy or Substantial Completion, the Contractor shall obtain a Certificate of Occupancy from the Building Department.
  5. Prior to Beneficial Occupancy or Substantial Completion, the Contractor shall deliver to the Field Representative complete As-Builts, one complete set of reproducible tracings, or two complete Sets of prints, of all approved Shop Drawings, three complete sets of maintenance manuals, pamphlets, charts, parts lists and specified spare parts, operating instructions and other necessary documents required for all installed materials, equipment, or machinery, all applicable warrantees and guarantees and the appropriate Certificate of Occupancy.
  6. Thirty (30) calendar days prior to the anticipated date of Beneficial Occupancy or Substantial Completion, the Contractor shall instruct Owner personnel as necessary for the proper operation and maintenance of all equipment and machinery which will serve the Work.
  7. Fifteen (15) calendar days prior to the date of Beneficial Occupancy or Substantial Completion, the Owner and the Field Representative will inspect the Work and begin the preparation of a Punch List covering those items of incomplete or defective work which the Contractor shall complete and correct prior to Final Acceptance.
  8. The Contractor shall not be responsible for normal wear resulting from the Owner's use of the Work after Beneficial Occupancy or Substantial Completion. However, any damage to the work not attributable to normal wear resulting from the Owner’s use shall be repaired by the Contractor at no additional cost to the Owner.
3. Contractor's Responsibility for Work
  1. Until the final acceptance of the Work, excepting only those portions of the work declared Substantially Completed, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before Final Acceptance and shall bear the expense thereof.
  2. The Contractor is responsible for coordination with the Architect and/or any other Owner consultant to ensure compliance with the ADA, its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances and to conduct a punch list walk-through review, to confirm all accessibility issues identified throughout the design and construction process have been fully and accurately implemented, prior to final acceptance of the Work.
  3. If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall protect the work from erosion, provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities as necessary to protect the work.
4. Guarantees and Warranties
  1. The guaranty period for the entire Work covered by the Performance and Payment Bonds shall not begin until Substantial Completion of all work under the Contract and will be for a period of one year unless otherwise stipulated in the Contract Documents.
  2. The guaranty period for equipment covered by Contractors and Subcontractors guarantees shall start at the time of Beneficial Occupancy for any portion of the Work which is occupied by the Owner prior to Substantial Completion, or at Substantial Completion, whichever occurs first and will be for a period of one year unless otherwise stipulated in the Contract Documents.
  3. The Contractor hereby warrants and guarantees that all work shall be in accordance with the Contract Documents. The Contractor will submit a written guarantee in the form found in the Contract Documents prior to Substantial Completion. The Contractor further agrees that it will correct all defects discovered within one year (or longer if a longer period is stipulated in the Contract Documents) of the date of Substantial Completion and that it will commence work on such repairs within ten (10) calendar days after being notified by the Owner of the need for this work.
  4. If the Contractor fails to act within this time period, the Owner reserves the right to have the work performed by others at the expense of the Contractor, and the Contractor agrees to pay the Owner the cost thereof upon demand. The Owner shall also be entitled to reasonable attorney’s fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.
  5. The Contractor will correct all latent defects discovered within time specified per Florida Statute 95.11(2)(b), after Substantial Completion, provided that the Owner shall notify the Contractor of each latent defect within the time specified by law. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for all damages sustained by the Owner resulting from latent defects, fraud, or such gross mistakes as may amount to fraud, discovered after the stated guarantee and warranty periods have expired. If the Contractor fails to act within 10 days, the Owner reserves the right to have the work performed by others at the expense of the Contractor, and the Contractor agrees to pay the Owner the cost thereof upon demand. The Owner shall also be entitled to reasonable attorney’s fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.
  6. Required Guarantees:
    1. Subcontractor’s Guarantees
      The Contractor shall furnish a written guaranty from each Subcontractor in the form found in the Contract Documents.
    2. Manufacturer’s Guarantees
      The Contractor shall furnish an original guaranty or warranty from each of the manufacturers of equipment or materials supplied and installed under this Contract. Each guaranty or warranty shall be in accordance with the respective manufacturer’s association Standard Guaranty and shall be in favor of the Contractor and the Owner.
    3. Special Guaranty and Warranty Requirements
      The Contractor shall also furnish any special guaranty or warranty called for in the Contract Documents.
  7. All guarantees and warranties shall be delivered to the Field Representative prior to Beneficial Occupancy or Substantial Completion, whichever is applicable.
  8. Notwithstanding the foregoing provisions, in the event of an emergency constituting an immediate hazard to the health or safety of employees, property, or the general public, the Owner may undertake, at the Contractors expense without prior notice, all work necessary to correct such hazardous condition when it was caused by work of the Contractor not being in accordance with the requirements of this Contract.
5. Final Acceptance
  1. Upon due notice from the Contractor of presumptive completion of the Work, the Architect/Engineer, Field Representative, and the Owner will make an inspection of the project. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract Documents, such inspection shall constitute the final inspection. They will notify the Contractor in writing of Final Acceptance as of the date of final inspection.
  2. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Field Representative will give the Contractor the instructions for correction of same (punch lists) and the Contractor shall immediately comply with and execute the work listed in the punch list. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided that work has been satisfactorily completed. In such event, the Field Representative will notify the Contractor in writing of Final Acceptance as of the date of this final inspection.
  3. Upon notification of Final Acceptance, the Contractor shall furnish to the Field Representative the final Contractor’s Affidavit and Release of All Claims.
  4. Final Acceptance of the Work does not preclude or stop the Field Representative from correcting any measurement estimate, or certificate made before or after completion of the Work, nor shall the Owner be precluded or stopped from recovering from the Contractor or its Surety, or both, such overpayment as maybe sustained, or by failure on the part of the Contractor to fulfill its obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach.
  5. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.
6. Contractor's Affidavit and Release of All Claims
  1. Upon the completion of the Work and before the final payment is made, the Contractor shall execute a Contractor’s Affidavit and Release of All Claims. This is to be accompanied by a consent of the Surety, in favor of the Owner, on the Form included in the Contract Documents. An original Contractors Affidavit and Release of All Claims shall be submitted to the Field Representative with the Contractor’s Request for Final Payment.
  2. The rights of all persons supplying labor, materials, and supplies, used directly or indirectly in the prosecution of the Work covered by this Contract are governed by the provisions of Section 255.05, Florida Statutes. Nothing in the Contract Documents shall be construed to confer any benefits or rights upon or to create any relationships whatsoever with any subcontractor, supplier, laborer or any other party except as same may be granted, conferred or created by Section 255.05 of the Florida Statutes.
COMPLETE PROJECT REQUIRED: —
These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any item or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project.
SUBCONTRACTORS: —
All successful Bidders/respondents on City contracts in which subcontractors may be used shall provide a detailed statement of their policies and procedures for awarding subcontracts which:
1. Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract;
2. Invites local subcontractors to submit bids in a practical, expedient way;
3. Provides local subcontractors’ access to information necessary to prepare and formulate a subcontracting bid;
4. Allows local subcontractors to meet with appropriate personnel of the Bidder to discuss the Bidders requirements; and
5. Awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Bidders stated objectives.
  All Bidders/respondents seeking to contract with the City shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide the required statement shall preclude the Bidder/respondent from receiving the contract.
2.10.1 Prospective Bidders need to furnish a list at time of Bid of all sub-contractors to be used during the construction of this project. The City of Homestead reserves the right to approve or disapprove any sub-contractor on the basis of the responses to the requirements listed below during the term of this contract. The prime contractor must maintain and furnish a current list (to the City's Project Manager) of the following information for each sub-contractor and notify the City of any changes to this information during the term of this contract:
1. Sub-Contractor
  1. Company Name:
    Company Contact Person:
    Address: Phone:
    Fax:
    E-mail:
  2. Proof of experience related to the type of work to be performed (last five years).
  3. List of references from projects (up to five years in the past) and contact information of such.
  4. List of any pending litigation the sub-contractor and all its principals and officer is a party to and any litigation they’ve been involved in during the past five years.
  5. List of any pending or past litigation with the City.
  6. List of any safety or environmental citations/violations the contractor has received in the past five years.
ARTICLE 12 - CANCELLATION OR TERMINATION OF CONTRACT —
1. Cancellation by the Owner
  1. The Owner may, at its option and discretion, cancel the Contract at any time without any default on the part of the Contractor by giving a written Notice of Cancellation to the Contractor and its Surety at least tell (10) days prior to the effective date of such cancellation.
  2. In the event of cancellation by the Owner, the Owner shall pay the Contractor for all labor performed, all materials and equipment furnished by the Contractor and its Subcontractors, materialmen and suppliers and manufacturers of equipment less all partial payments made on account prior to the date of cancellation as determined by the Field Representative and approved by the Architect/Engineer and the Consulting Engineers. The Contractor will be paid for:
    1. The final value of all work completed under the Contract, based upon the approved Schedule of Values and/or Unit Prices.
    2. The final value of all materials and equipment delivered to but not incorporated into the work and properly stored on the site.
    3. The final value of all bona fide irrevocable orders for materials and equipment not delivered to the construction site as of the date of cancellation. Such materials and equipment must be delivered to the Owner to a site or location designated by the City of Homestead prior to release of payment for such materials and equipment.
    4. No claims for loss of anticipated profits or for any other reason in connection with the cancellation of the Contract shall be considered.
  3. In the event of cancellation under this Article, the Contractor shall not be entitled to any anticipated profits for any work not performed due to such cancellation.
  4. Upon cancellation as above, the Field Representative shall prepare a certificate for Final Payment to the Contractor.
2. Termination by Default of Contractor
  1. The Contract may be terminated by the Owner for failure of the Contractor to comply with any requirements of the Contract Documents including but not limited to:
    1. Failure to begin the work under the Contract within the time specified in the Notice to Proceed, or
    2. Failure to perform the work or failure to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, and the approved Progress Schedule, or
    3. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, after written directions from the Field Representative, or
    4. Discontinues the prosecution of the work, or
    5. Failure to resume work which has been discontinued within a reasonable time after notice to do so, or
    6. Becomes insolvent or is declared bankrupt. or commits any act of bankruptcy or insolvency, or failure to maintain a qualifier, or
    7. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or
    8. Makes an assignment for the benefit of creditors, or
    9. For any other cause whatsoever, fails to carry on the work in an acceptable manner.
  2. Before the Contract is terminated, the Contractor and its Surety will be notified in writing by the Architect/Engineer of the conditions which make termination of the Contract imminent. The Owner will terminate the Contract ten (10) days after said notice has been given to the Contractor and his Surety. Unless a satisfactory effort acceptable to the Owner has been made by the Contractor or his Surety to correct the conditions, the Owner may declare the Contract breached and send a written Notice of Termination to the Contractor and his Surety.
  3. The Owner reserves the right, in lieu of termination as set forth in this Article, to withhold any payments of money which may be due or become due to the Contractor until the said default(s) have been remedied.
  4. In the event the Owner exercises its right to terminate the Contract for default of the Contractor as set forth herein, the Surety shall complete the Contract in accordance with its terms and conditions. If the Surety takes over, the time or delay between Notice of Default and start of work by the Surety is a Non-Excusable Delay. If the Surety fails to act promptly, but no longer than 30 calendar days, the Owner may exercise any of its other options. No claims for loss of anticipated profits or for any other reason in connection with the termination of the Contract shall be considered.
3. Termination for National Emergencies
  1. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President of the United States with respect to the prosecution of war or in the interest of national defense.
  2. When the contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits or for any other reason in connection with the termination of the Contract shall be considered.
4. Implementation of Cancellation or Termination
  1. If the Owner cancels or terminates the Contract, the Contractor shall stop all work on the date specified in the Notice of Cancellation or Termination and shall:
    1. Cancel all orders and subcontracts which may be terminated without costs.
    2. Cancel and settle other orders and subcontracts where the cost of settlement will be less than costs which would be incurred were such orders and subcontracts to be completed, subject to prior approval of the Field Representative.
    3. Transfer to the Owner, in accordance with directions of the Field Representative, all materials, supplies, work in progress, facilities, equipment, machinery or tools acquired by the Contractor in connection with the performance of the work and for which the Contractor has been or is to be paid.
    4. Deliver to the Field Representative As-Built Documents, complete as of the date of cancellation or termination, Plans, Shop Drawings, Sketches, Permits, Certificates, Warranties, Guarantees, Specifications, three complete sets of maintenance manuals, pamphlets, spare parts lists, spare parts (if any), operating instructions required for all installed or finished equipment or machinery, and all other data accumulated by the Contractor for use in the performance of the work.
    5. The Contractor shall perform all work as may be necessary to preserve the work then in progress and to protect materials, plant and equipment on the site or in transit thereto.
    6. Cancellation or termination of the Contract or a portion thereof shall neither relieve the Contractor of its responsibilities for the completed work nor shall it relieve its Surety of its obligation for and concerning any just claim arising out of the work performed.
PRICES QUOTED: —
Bidder should deduct trade discounts and quote firm net prices and give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. / C.I.F. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s).
FAILURE TO EXECUTE: —
Failure by the Bidder to whom the Contract has been awarded, to execute and deliver the required documents and/or other applicable forms, and to furnish the Performance and Payment Bonds, and to furnish satisfactory evidence of all insurance coverage within ten (10) calendar days after the award letter is presented to Bidder for execution, may result in the annulment of the award and the forfeiture of the bid guarantee to the City, which forfeiture shall be considered not as a penalty but in liquidation of damages sustained by the City. Award may then be made to the next lower responsive and responsible Bidder or all remaining Bids may be rejected, and the Contract may be re-advertised.
UNDERWRITERS’ LABORATORIES: —
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination listing where such has been established by UL for the item(s) offered and furnished.
TERM OF CONTRACT: —
This Contract shall commence the day after date of award by the City Council of Homestead, Florida (the “City Council”), unless otherwise stipulated in the Notice of Award Letter and/or Notice to Proceed, which is distributed by the Procurement & Contract Services Director. The Contract shall remain in effect through successful job completion.
ARTICLE 13 - CONTRACTOR AND SUBCONTRACTORS GUARANTEE FORMS AND AFFIDAVITS -CONTRACTOR'S GUARANTEE —
CONTRACTOR'S GUARANTEE

STATE OF FLORIDA

COUNTY OF MIAMI-DADE

Before me, the undersigned authority, personally appeared

who, being duly sworn, deposes and says as follows:

That he is the duly authorized representative of

                                                              (Name of Contractor)
being its
                                                  (Partner) (President or other Officer)
and as such has full authority to execute this Contractor's Guarantee.

That the said Contractor has performed certain work for the Owner, under Purchase Order No.                                                     Entitled                                                                                               which said Project has now been completed by the Contractor in its entirety.

That in consideration of the partial payments heretofore made by the Owner to the Contractor, and in consideration of the final payment yet to be made, the Contractor does hereby warrant to the Owner that all labor, work, materials and equipment furnished, supplied and performed under said Contract, are in strict accordance with the Contract Documents.

That should any defects develop in the work, during the guarantee periods as required by the Contract Documents, all from the date of final acceptance by the Owner, due to improper materials, workmanship or arrangement, or defective machinery and equipment, the Contractor warrants and covenants that the defects shall be made good by the Contractor, at the time specified by the Owner and that any other work affected in correcting such defects shall also be made good, all at the Contractor's sole cost and expense. Any corrections to work performed during the guarantee periods shall also be covered with its guarantee as required by the Contract Documents, commencing from the date of final acceptance of the correction by the Owner.

CONTRACTOR:


                        Name of Contractor

By:
            (Signature of Authorized Representative)


            (Title)


             Date

STATE OF FLORIDA              )
COUNTY OF MIAMI-DADE   )

The foregoing instrument was acknowledged before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ________________________________________ as ________________________________________          (Name of person acknowledging)                                   (Title)
for _______________________________________.
            (Company name)

Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________.

                                                                        __________________________________________
(NOTARY SEAL HERE)                                             SIGNATURE OF NOTARY PUBLIC

                                                                        PRINT, TYPE/STAMP NAME OF NOTARY
AMERICAN MADE: —
The City Council of Homestead, acting in session on June 20, 1983, adopted Resolution No. 83-06-21 which states, “That it is the intent and policy of the City Council of the City of Homestead, Florida, that the needs of the City of Homestead for supplies, materials and equipment be met using only those supplies, materials and equipment manufactured in the United States of America when same are available and when the price of same and the bid of same is consistent with the bidding procedures of the City Code of the City of Homestead.”
ARTICLE 13 - CONTRACTOR AND SUBCONTRACTORS GUARANTEE FORMS AND AFFIDAVITS - SUBCONTRACTOR'S GUARANTEE —
SUBCONTRACTOR'S GUARANTEE

STATE OF FLORIDA

COUNTY OF MIAMI-DADE

Before me, the undersigned authority, personally appeared


Who, being duly sworn, deposes and says as follows:

That he is the duly authorized representative of :


                                                              (Name of Subcontractor)

being its
                                                 (Owner) (Partner)   (President or other Officer)
and as such has full authority to execute this Subcontractor's Guarantee.

That the said Subcontractor has performed certain work for
the General Contractor for the Owner, under Contract No.                                        which said work has now been completed by the Subcontractor in its entirety.

That in consideration of the partial payments heretofore made by the Contractor to the Subcontractor, and in consideration of the final payment yet to be made, the Subcontractor does hereby warrant to the Contractor that all labor, work, materials and equipment furnished, supplied and performed under the said Subcontract, by this Subcontractor, are in strict accordance with the Contract Documents.

That should any defects develop in the work during the guarantee periods as required by the Contract Documents, all from the date of final acceptance by the Owner, due to improper materials, workmanship or arrangement, or defective machinery and equipment, the Subcontractor warrants and covenants that promptly upon notice from the Contractor, the defects shall be made good by the Subcontractor at the time specified by the Contractor, and that any other work affected in correcting such defects shall also be made good, all at the subcontractor's sole cost and expense. Any corrections to work performed during the guarantee periods shall also be covered with its guarantee as required by the Contract Documents, commencing from the date of final acceptance of the correction by the Owner.

SUBCONTRACTOR:

                        Name of Subcontractor

By:
            (Signature of Authorized Representative)


(Title)

(Date)
METHOD OF AWARD: —
1. The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous and of best value to the City of Homestead. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the methods described below. Tie Bids will be decided as described in General Conditions.
2. Responsible Vendor Determination: Proposer/Bidder is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.
3. Bidder must bid on all items listed in Section 8. Pricing, to qualify for award of the contract. Bid will be awarded on an all or nothing basis.
4. The City reserves the right to reject all bids or any portion of any bid it deems necessary to serve the best interest of the City, to accept any item or group of items unless qualified by the Bidder, to acquire additional quantities at prices quoted on Section 8. Pricing. All awards made as a result of this bid shall conform to applicable Florida Statutes.
5. Bid prices should be submitted with the understanding that the City of Homestead is not authorized to pay service charges, which may be imposed due to the late payment of an invoice, which has become delinquent.
6. The City shall award a contract to a Bidder through action taken by the City of Homestead City Council at a duly authorized meeting. Acceptable bids which are for an amount not exceeding $100,000 will not have to go through Council and may be awarded by the City Manager or the Procurement & Contract Services Director. This action shall be administratively supported by a written award of acceptance and the issuance of a Purchase Order, mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party.
7. The General Terms and Conditions, the Special Conditions, the Technical Specifications, Addenda, the Bidder’s Proposal, and the Purchase Order are collectively an integral part of the contract between the City of Homestead and the successful Bidder.
8. While the City Council may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in Section 2 of this bid. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement and Contract Services Director, will void its acceptance of the Bidder’s offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year.
9. The Term of the Contract shall be stipulated in the Notice to Proceed, which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Notice to Proceed, the Bid shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods.
10. The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declares the Bidder to be in default of its contractual obligations and award to the next low Bidder or seek a new Bid Solicitation. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting the future Bids for a period of one year.
11. The City reserves the right to automatically extend this contract for a maximum period not to exceed one hundred and twenty (120) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to the Bid Offer Form, the Bidder hereby acknowledges and agrees to this right.
12. The City of Homestead reserves the right not to award a contract to, or to reject bids from vendors that are currently in litigation with the City of Homestead or as a result of any prior lawsuits.
AVAILABILITY OF FUNDS —
It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this contract.
NON-CONFORMANCE TO CONTRACT CONDITIONS: —
Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at vendor’s expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the Bidder. Any violation of these stipulations may also result in:
1. Vendor’s name being removed from the vendor list.
2. All departments being advised not to do business with vendor.
CONTRACTOR'S AFFIDAVIT AND RELEASE OF CLAIM —
CONTRACTOR'S AFFIDAVIT AND RELEASE OF CLAIM
FOR PAY APPLICATION FOR PAYMENT NO. (_______)

STATE OF                                )

COUNTY OF                             )

Before me, the undersigned authority, personally appeared the AFFIANT,

who being duly sworn, deposes and says as follows:

That they are the duly authorized representative of

   (Name of Contractor)

being its
and as such has full authority to make this affidavit and to give this Release of Claim.

That the said Contractor has completed certain work for the CITY, under its Contract No. ________________
dated                                         , for which the Contractor has requested partial payment. This Application for
Payment is for $                         , and of the said amount, the Contractor has heretofore received the
sum of $                          , under prior Pay Application No.        leaving a balance of $                              ,
now due and payable.

That the said Contractor hereby covenants that the claims of all persons supplying labor, materials and supplies,
used directly or indirectly in the prosecution of the work covered by the aforesaid prior Application for
Payment No. ______, have been paid in full,

That the said Contractor hereby releases the CITY from any and all claims of any nature arising out of the performance of the aforesaid certain work described in prior Pay Application No.       , and hereby accepts the aforesaid Amount in lieu of those claims.

CONTRACTOR:


                        Name of Contractor

                                                                              By                                                                                                                                                                    (Signature of Authorized Representative)

(Title)                                   (Date)

The foregoing instrument was acknowledged before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ________________________________________ as ________________________________________          (Name of person acknowledging)                                   (Title)
for _______________________________________.
            (Company name)

Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________.

                                                                        __________________________________________
(NOTARY SEAL HERE)                                             SIGNATURE OF NOTARY PUBLIC

                                                                        PRINT, TYPE/STAMP NAME OF NOTARY
DISPUTES: —
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties.
PAYMENT —
Refer to Article 10 in Special Provisions for Construction Contract.
CONTRACTOR'S AFFIDAVIT AND RELEASE OF ALL CLAIMS —
CONTRACTOR'S AFFIDAVIT AND RELEASE OF ALL CLAIMS

STATE OF                                )

COUNTY OF                             )

Before me, the undersigned authority, personally appeared the AFFIANT,

who being duly sworn, deposes and says as follows:

That they are the duly authorized representative of:

                                                              (Name of Contractor)
being its
                                                 (Partner) (President or other Officer)
and as such has full authority to make this affidavit and to give this Release of All Claims.

That the said Contractor has completed certain work for the CITY, under its Contract No.
dated                                              , for which the Contractor has requested payment in full. The Final
Contract Amount is $                                 , and of the said amount, the Contractor has heretofore received the sum of $                                          , leaving a retained balance of $                                           , now due and payable.

That the said Contractor hereby covenants that the claims of all persons supplying labor, materials and supplies, used directly or indirectly in the prosecution of the work covered by the aforesaid Contract, have been paid in full, except for the sum of $                                   , which shall be paid in full from the aforesaid retained balance due the Contractor.

That the said Contractor hereby releases the CITY from any and all claims of any nature arising out of the performance of the aforesaid Contract, and hereby accepts the aforesaid Final Contract Amount in lieu thereof.

That the said Contractor hereby covenants that payment by the CITY of the Final Contract Amount in no way releases the Contractor from his continuing obligations under the Performance and Payment Bonds heretofore posted with the CITY, and the Surety on said Bonds hereby consents to the payment by the CITY of the retained funds.

CONTRACTOR:

                        Name of Contractor

By
            (Signature of Authorized Representative)


            (Title)

            (Date)

The foregoing instrument was acknowledged before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ________________________________________ as ________________________________________          (Name of person acknowledging)                                   (Title)
for _______________________________________.
            (Company name)

Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________.

                                                                        __________________________________________
(NOTARY SEAL HERE)                                             SIGNATURE OF NOTARY PUBLIC

                                                                        PRINT, TYPE/STAMP NAME OF NOTARY
LEGAL REQUIREMENTS: —
Federal, state, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility.
CONSENT OF SURETY TO PAY APPLICATION FOR PAYMENT —
CONSENT OF SURETY TO PAY APPLICATION FOR PAYMENT

PROJECT NAME:                                                                                            PROJECT NO.:______________
CONTRACTOR:
A/E CONSULTANT:

Attachment to Requisition No.       _dated                        _ in the amount of $

TO: CITY OF HOMESTEAD, CITY CLERK

The Surety Company,
              (Insert full name or legal title and address of Surety)

on the bond of the Contractor listed above, hereby approves this payment to the Contractor. Said payment shall not relieve the Surety Company of any of its obligations to City of Homestead, including the Security from any and all liens, claims, or demands whatsoever that may now exist or be made in the future by any subcontractor or material suppliers against this project and contract.

This Consent of Surety recognizes that claims have been made by the following subcontractors and material suppliers against the contract in the amounts listed below:

(        subcontractor/material supplier name and telephone number        )   (          amount of claim          )
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________
_________________________________________________________   $________________________

(   ) attached find additional listed names/amounts on pages 2 thru _______

The Surety recognizes that releases of lien or releases and assignment of claim have not been requested or received from all the subcontractors and material suppliers for this facility.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _____ day of _________________, 2024.

Attest:
Witnesses:
________________________________________          Surety:
    Signature of Authorized Representative

________________________________________          Title:
(Seal)

Attachment: Surety Power of Attorney
INSPECTION, ACCEPTANCE & TITLE: —
Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at Bidder’s expense.
NOTE TO VENDORS DELIVERING TO WAREHOUSE: Receiving hours are Monday through Friday, excluding holidays, from 7:00 a.m. to 3:30 p.m. The warehouse is located at 450 S.E. 6 Avenue, Homestead, FL, 33030.
PATENTS AND ROYALTIES: —
The Bidder, without exception, shall indemnify and save harmless the City of Homestead, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Homestead, Florida. If the Bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.
COMPLETION TIME: —
Final completion shall be achieved 210 calendar days from issuance of Notice to Proceed.
- Substantial Completion: Please note Substantial Completion for this project shall be achieved no later than 180 calendar days upon issuance of this Notice to Proceed. Failure to meet the Substantial Completion date, it is understood that liquidated damages will be assessed in the amount of One Thousand Four Hundred Twenty-Three Dollars and Zero Cents ($1,423.00) for each calendar day after the time specified.
- Final Completion: Final Completion of the Project shall be contemplated no later than 30 calendar days from the date of Substantial Completion. Failure to meet the Final Completion date subsequent to the Substantial Completion date shall also be a material breach of this agreement and liquidated damages will be assessed will be assessed the sum of Five Hundred Dollars and Zero Cents ($500.00) for each calendar day after the time specified in subsection 2.18 of the bid.
The liquidated damages specified in paragraph 2.18 LIQUIDATED DAMAGES below shall apply. The project shall not be deemed to be complete until such time as the work has been completed in accordance with specifications enumerated herein. Completed work shall be subject to the inspection and approval of the Project Manager.
AS-BUILT DRAWING REVIEW LOG —
LIQUIDATED DAMAGES: —
Applicable liquidated damages are the amounts established in the following schedule:
Contract Amount Daily Charge per Calendar Day
$50,000 and under $313
Over $50,000 but less than $250,000 $580
$250,000 but less than $500,000 $715
$500,000 but less than $2,500,000 $1423
$2,500,000 but less than $5,000,000 $2121
$5,000,000 but less than $10,000,000 $3057
$10,000,000 but less than $15,000,000 $3598
$15,000,000 but less than $20,000,000 $4544
$20,000,000 and over $8537 plus 0.00027 of any amount over $20 million

For all contracts, regardless of whether the contract time is stipulated in calendar days, the Engineer will count days in calendar days. If the Contractor or, in case of his default, the surety fails to complete the work within the time stipulated in the Contract, or within such extra time that the CITY may have granted the Contract or, in case of his default, the surety shall pay to the CITY, liquidated damages, in the amount of $1,423.00 per calendar day in which work is not completed. This is imposed as liquidated damages, not as a penalty, in recognition of the difficulty of ascertaining actual damages. The CITY has the right to apply, as payment on such liquidated damages, any money the CITY owes the Contractor. The CITY does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions.
OSHA: —
The Bidder warrants that the product supplied to the City of Homestead, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Bidder responsible for same.
SURETY PAYMENT BOND —
SURETY PAYMENT BOND

Project Title:_______________________________      Owner: ___________________________________
Property Address:___________________________      Address: __________________________________
                                ___________________________                   ____________________________________
Property Improvement:_______________________    Phone: ____________________________________
___________________________________

Surety: ____________________________________    Contractor: _________________________________
Address: ___________________________________    Address: ___________________________________
                ___________________________________                    ___________________________________
Phone: ____________________________________    Phone:    ____________________________________

By this Bond, We                                                     , as Principal, whose principal business address is                                                                                                                        , as Contractor under the contract dated                      , 2023, between Principal and City of Homestead for the construction of                                                                                                                       , project No.
(herein after referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and                                                                                                            , a corporation, whose principal business address is                                                                                        as Surety, are bound to City of Homestead (hereinafter referred to as "City") in the sum of                                                                                                                             (U.S. Dollars) $_____________     , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:
1. Promptly makes payments to all claimants, as defined in Sections 713.01 and 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and
2. Pays City all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that City sustains because of a failure by Principal to make any such payments; then this bond is void; otherwise it remains in full force.
A claimant shall have a right of action against Principal and the Surety for the amount due to it.
Such action shall not involve the City in any expense.

A claimant, except a laborer, who is not in privity with the Principal shall, before beginning or not later than 45 days after beginning to furnish labor, materials, services or supplies for prosecution of the work, furnish the Principal with a written notice that it intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for its labor, materials, services or supplies shall, within 90 days after the final furnishing of the labor, materials, services, or supplies by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery

of the materials or supplies and of the nonpayment. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. This Bond is given to comply with Section 255.05, Florida Statutes, and is subject to the notice requirements and time limitations provided for in Section 255.05(2), Florida Statutes.

An action for the labor, materials, or supplies may not be instituted against the contractor or the surety unless the notice to the contractor and notice of nonpayment have been served, if required by section 255.05, Florida Statutes.. An action, except an action for the recovery of retainage, must be instituted against the Principal or the Surety on the bond within one (1) year after the performance of the labor or completion of delivery of the materials or supplies; however, an action for the recovery of retainage may not be instituted until one of the conditions listed in Section 255.05(10) is satisfied, and if no such conditions are satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period, this limitation period shall be extended until 120 days after one of these conditions is satisfied. A claimant may not waive in advance its right to bring an action under the bond against the surety.

Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes, do not affect Surety’s obligation under this Bond.

IN WTINESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the ______day of______, 20__.

                                                                        (CONTRACTOR)

                                                                        ____________________________________
                                                                                                   (Contractor Name)

                                                                        BY:

                                                                        ________________________________________
                                                                        (President) (Managing Partner or Joint Venturer)

COUNTERSIGNED BY
FLORIDA AGENT OF SURETY:                SURETY:________________________________

_______________________________
(COPY OF Agent’s current Identification
Card as issued by State of Florida
Insurance Commissioner must be attached)

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

Project Title:______________________________      Owner: ___________________________________
Property Address:__________________________        Address:__________________________________
                                __________________________                     ___________________________________
Property Improvement:_____________________        Phone: __________________________________
___________________________________

Surety: ________________________________        Contractor:_________________________________
Address: _______________________________         Address: __________________________________
                _______________________________                          ___________________________________
Phone: ________________________________           Phone:   __________________________________

By this Bond, We                                                     , as Principal, whose principal business address is                                                                             , as Contractor under the contract dated                      __________, 20      , between Principal and City of Homestead for the construction of                                .
Project No.                                  (herein after referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and                                                                        , a corporation, whose principal business address is                                                                                             .                                                         as Surety, are bound to City of Homestead (hereinafter referred to as "City") in the sum of                                                                          (U.S. dollars) $                      , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1.     Performs all the work under the Contract in the times and in the manner prescribed in the Contract, said Contract being made a part of this bond by reference, including but not limited to guarantees, warranties and the curing of latent defects, including any and all damages for delay; and

2.     Pays City all losses, damages, including damages for delay, expenses, costs and attorney's fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within the time period provided in Section 95.11(3)(c), Florida Statutes; and

3.     Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within the time period provided in Section 95.11(3)(c), Florida Statutes;

then this bond is void; otherwise it remains in full force.

Surety specifically assumes liability for any and all delay damages arising from Principal's default of the Contract, as well as all latent defects uncovered in the work of the Principal after final acceptance of the work by the City.

Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.

This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance by the City of the Contract work as are provided for in the Contract by which Principal guarantees to repair or replace any or all work performed or materials and equipment furnished, which were not performed or furnished according to the terms of the Contract. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1)year from the date of final acceptance by the City;
provided however, that this limitation does not apply to suits seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3)(c), Florida Statutes.

IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the                        day of                       , 20__.

CONTRACTOR

                                                                                                                                                            (Contractor Name)


BY:

                                                                                              (President)
                                                                        (Managing Partner or Joint Venturer)

               (SEAL)

COUNTERSIGNED BY
FLORIDA AGENT OF SURETY:                                    SURETY:



(Copy of Agent's current
Identification Card as issued by
State of Florida Insurance Commissioner must be attached) By:
                                                                                                                Attorney-in-Fact
                   (CORPORATE SEAL)

(Power of Attorney must be attached)
ANTI-DISCRIMINATION: —
The Bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin.
DEFAULT: —
In the event of default on a contract, the successful Bidder shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.
CLARIFICATIONS / INTERPRETATIONS: —
1. It is the Bidder’s obligation to notify the City prior to opening of Bids of any conflicts, ambiguities, or discrepancies it finds in the contract documents, in order to allow City to issue appropriate addenda. The City reserves the right to make changes to the contract documents as it finds necessary or in its best interest, at any time prior to the opening of the Bids. Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted through the e-Procurement Portal via the Question & Answer tab.
2. If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, and has questions or is in need of clarification concerning this Bid, the Bidder must submit to the City of Homestead’s Procurement and Contract Services Department at least seven (7) calendar days prior to scheduled bid opening, a “request for clarifications”. All such requests for clarification must be made through the e-Procurement Portal via the Q&A tab. The City will make every best attempt to answer all questions submitted after said seven (7) days but cannot guarantee a response. Such questions must be sent through the e-Procurement Portal via the Q&A tab. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through the e-Procurement Portal. NO QUESTIONS WILL BE RECEIVED OR ANSWERED VERBALLY.
3. Any interpretations of the Bid, if made, will be made only by Addendum duly issued by the City of Homestead Procurement and Contract Services Department. The City shall issue an Informational Addendum if clarification or minimal changes are required. The city shall issue a formal Addendum if substantial changes, which impact the technical submission of Bids, are required. A copy of such Addendum will be posted via the E-Procurement Portal Addenda tab. In the event of conflict with the original Contract Documents, Addendum shall govern all other contract documents to the extent specified. Subsequent Addendum shall govern over prior addendum only to the extent specified. Only the interpretation or corrections of the Bid Documents given by addenda shall be binding, and prospective Bidders are warned that no other source is authorized to give information concerning, explaining or interpreting the Bid Documents. Bidders shall not rely on any oral interpretation, or correction of any apparent ambiguity, inconsistency or error offered by any person.
4. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing the addendum and including it with the Bid Proposal. Failure of a Bidder to include a signed formal Addendum in its Bid Proposal may deem its Bid non-responsive provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative.
SUBSTITUTIONS: —
The City of Homestead, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the Bidder’s expense.
HIRING REFERRAL PROGRAM: —
The successful Bidder, prior to hiring to fill each vacancy arising as a result of this solicitation shall (1) first notify the City’s designated Referral Agency for this solicitation, of the vacancy and list the vacancy with the designated agency, and (2) make a good faith effort to fill its employment needs through the designated agency. If no suitable candidates can be employed after a Referral Period of three to five days, the successful Bidder is free to fill its vacancies from other sources. Successful Bidders will be required to provide quarterly reports to the designated agency indicating the name and number of employees hired in the previous quarter, or why referred candidates were rejected.
PERMITS AND INSPECTION FEES: —
The Bidder shall obtain and pay for all certificates of competency, licenses, insurance, permits, inspection fees, and any other certification necessary or required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Building, mechanical, electrical, plumbing and structural permit plans or installations which are reviewed by a third party are subject to fees. Those fees required by the County [i.e.] fire, impact fees, PERA (Permitting Environment and Regulatory Affairs, formerly PERA), code compliance, and State fee’s and surcharges are the responsibility of the Contractor and cannot be waived by the City. These fees will NOT be reimbursed by the City of Homestead and are the sole responsibility of the Contractor. The Bidder shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.
Where Bidders are required to enter or go onto City of Homestead property to deliver materials or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Homestead building requirements and the Florida Building Code. The Bidder shall be liable for any damages or loss to the City occasioned by negligence of the Bidder (or agent) or any person the Bidder has designated in the completion of the Contract as a result of his or her Bid.
BIDDER’S FACILITIES: —
The City reserves the right to conduct site visits to Contractor’s business location(s) at any time with prior notice and/or may request that Contractor participate in live presentations. The selection of a contractor may be based wholly or in part upon the results of site visits or live presentations.
DISCLAIMER: —
The City of the City of Homestead may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all Bids; re-advertise this Bid; postpone or cancel at any time this Bid process; or, waive any formalities of or irregularities in the bidding process. Bids that are not submitted on time and/or do not conform to the City of Homestead’s requirements will not be considered. After all bids are analyzed, organization submitting bids that appear, solely in the opinion of the City of Homestead, to be the most competitive, shall be submitted to the City Council, and the final selection will be made shortly thereafter with a timetable set solely by the City of Homestead. The selection by the City of Homestead shall be based on the bid, which is, in the sole opinion of the City Council, in the best interest of the City of Homestead. The issuance of this bid constitutes only an invitation to make presentations to the City of Homestead. The City of Homestead reserves the right to determine, at its sole discretion, whether any aspect of the bid satisfies the criteria established in this Bid. In all cases the City of Homestead shall have no liability to any contractor for any costs or expense, incurred in connection with this bid or otherwise.
BIDS BINDING: —
All bids submitted shall be binding for 365 calendar days following the Bid Opening.
EVIDENCE: —
The submission of a Bid shall be prima facie evidence that the Contractor is familiar with and agrees to comply with the contents of this Bid Project.
BINDING DOCUMENTS: —
The submittal of all the items under this article plus the following Sections which are also part of the Contract Documents shall bind the Bidder to all the Provisions of the entire Contract Documents:
A. Bid Advertisement
B. Special Terns and Conditions
C. General Conditions
D. Articles 1 through 13
E. Technical Specifications/Scope of Work
F. Surety Performance Bond
G. Surety Payment Bond
H. Drawings, Attachments, and Exhibits
I. All Addenda, Notices, and Question & Answers
LOCAL PREFERENCE: —
NOT APPLICABLE, GRANT RELATED.
DEMONSTRATION OF COMPETENCY: —
1. Pre-award inspection of the Bidder’s facility may be made prior to the award of contract. Bids will only be considered from firms, which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the City of Homestead.
2. The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City.
3. The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder’s Proposal may render the Bid non-responsive.
4. The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder’s record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder’s performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section.
ASSIGNMENT: —
The Contractor agrees not to enter into subcontracts and shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Homestead.
PUBLIC RECORDS LAW: —
1. Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City.
2. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City.
4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
5. Any compensation due to Contractor shall be withheld until all records are received as provided herein.
6. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN PUBLIC RECORDS.
Custodian of Records: ELIZABETH SEWELL, CITY CLERK
Mailing address: 100 CIVIC COURT, HOMESTEAD, FL 33030 Telephone number: 305-224-4442
Email: ESEWELL@HOMESTEADFL.GOV
ADDITIONAL WORK: —
In the event additional work requested is not covered in the bid line items, Contractor will be asked to supply a proposal task order with scope of work details, pricing, schedules, deliverables and a not to exceed dollar amount unless authorized by the City contract representative.
INDEMNIFICATION: —
Contractor shall indemnify and hold harmless the City of Homestead and City’s officers and employees to the fullest extent authorized by Section 725.06 (2), Florida Statutes, which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein.
OPTIONAL CONTRACT USAGE: —
As provided in Section 287.042 (16), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement and Contract Services, has certified its use to be cost effective and in the best interest of the state. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option.
PROJECT LOCATION: —
Wittkop Water Treatment Facility
505 NW 9^th Street
Homestead, FL 33030
SITE INSPECTION: —
Prior to submitting the bid, the bidder is required to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions.
A site inspection of the project location will be held immediately after the Pre-Bid Conference.
Any Bidder attending this site inspection is required to complete the Site Inspection Indemnity Form (see attachment) or bring a copy of their certificate of insurance evidencing statutory worker’s compensation coverage to the pre-bid meeting as these forms will be reviewed prior to anyone going to the Site Inspection. Bidders who do not supply this information will not be permitted to attend the site inspection.
SPOT MARKET PURCHASES: —
It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be “Spot Market Purchased” may be purchased by other methods, i.e. Federal, State or local contracts.
ENVIRONMENTAL CLEARANCE: —
This project is subject to the environmental review requirements of the U.S. Department of Housing and Urban Development (HUD) at 24 CFR Part 58. No construction activities, physical work, or commitment of funds may occur, and no Notice to Proceed shall be issued, until all required environmental reviews have been completed and the City has received written Authority to Use Grant Funds from the State of Florida Department of Commerce.
SUNSHINE LAW: —
As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor acknowledges that the materials submitted with the Bid and the results of the City of Homestead’s evaluation are open to public inspection upon proper request. Contractor should take special note of this as it relates to proprietary information that might be included in its Bid.
FORCE MAJEURE: —
The performance of any act by the City or Contractor hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement.
COLLUSION: —
By offering a submission pursuant to this Invitation to Bid, the Bidder certifies the Bidder has not divulged, discussed or compared his Bid with other Bidders and has not colluded with any other Bidder or parties to this Bid whatsoever. Also, the Bidder certifies, and in the case of a joint bid, each party thereto certifies, as to his own organization, that in connection with this Bid.
Any prices and/or cost data submitted have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Bidder or with any competitor.
Any prices and/or cost data quoted for this Bid have not knowingly been disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to the scheduled opening, directly or indirectly to any other Bidder or to any competitor.
No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.
The only person or persons interested in this Bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into.
No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee accepting bona fide employees or established commercial agencies maintained by the Bidder for the purpose of doing business.
ELIGIBILITY: —
All agents, employees and subcontractors of the Bidder retained to perform services pursuant to this bid shall comply with all laws of the United States concerning work eligibility.
TIE BIDS: —
Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
PROPERTY: —
Property owned and in the possession of the City of Homestead is the responsibility of the City of Homestead. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Homestead. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Homestead shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any.
TERMINATION FOR DEFAULT: —
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Homestead. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor’s failure to perform is without his or his subcontractor’s control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Homestead under Section 3.38.
TERMINATION FOR CONVENIENCE: —
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Homestead. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Homestead the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Homestead shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. In no event shall City be liable for consequential damages, including anticipated lost profits on work not performed on this or any other project. The City Manager may terminate this Contract immediately for public health, safety and welfare.
CONFIDENTIALITY: —
As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order.
GOVERNING LAW AND VENUE: —
The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami-Dade County, Florida.
ATTORNEY’S FEES: —
In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees through and including appellate litigation and any post-judgment proceedings.
NO PARTNERSHIP OR JOINT VENTURE: —
Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Homestead and Contractor, or to create any other similar relationship between the parties.
PARTIAL INVALIDITY: —
If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
PROVISIONS BINDING: —
Except as otherwise expressly provided in this Contract, all covenants, conditions and provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
HEADINGS AND TERMS: —
The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof.
ENTIRE AGREEMENT: —
The contract consists of this City of Homestead Bid and specifically this Section III, Contractor’s Response and any written agreement entered into by the City of Homestead and Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. This Contract may be modified only by a written agreement signed by the City of Homestead and Contractor.
AUDITS: —
The City shall have access to all books, records, and documents of the successful Bidder which directly relate to the Work to be performed for the purpose of inspection and auditing upon reasonable written notice during normal business hours at the office of the Contractor or at some location mutually agreed upon by the City and the Contractor.
MINIMUM WAGE RATES: —
U.S. Department of Labor: In projects having Federal participation, minimum wage rates for the proposed work will be established by the U.S. Department of Labor, Employment Standards Administration. Schedules of labor classifications and corresponding wage rates and benefits will be included in the Bid Documents, and shall apply to this Project.
3.48.1 COMPLIANCE WITH DAVIS-BACON AND ARRA: Pursuant to use of federal funds, the Contractor is required to comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.
Refer to Attachment G - DBA Wage Decision FL20260125, for the specific wage determination rate applicable to this contract.
A guide for contractors on Davis Bacon can be found online at:
- https://www.hudexchange.info/resource/2541/making-davis-bacon-work-contractors-guide-prevailing-wage-requirements/
WITHDRAWAL OF BIDS: —
No Bid can be withdrawn by a Bidder after it is filed with the Clerk, during the period stipulated in the advertisement for Bids, unless the Bidder makes the request in writing to the City Clerk and the request is received prior to the time set for the opening of Bids.
REJECTION OF BIDS: —
1. Bids that do not contain completed and properly executed forms and affidavits, as required and included in these Bid Documents, may be rejected by the City.
2. Bids which are not responsive to the Bid Documents shall be rejected by the City.
3. Bids will be considered irregular and may be rejected if they contain omissions, alterations of form, additions not called for, unauthorized alternate bids, or other irregularities.
4. Any of the following additional factors may be considered sufficient cause for the rejection of the Bid.
  1. Bid submitted on a form other than that furnished by the City;
  2. Submission of more than one Bid for the same work by an individual, firm, partnership or corporation under the same or different names;
  3. Evidence of collusion among Bidders;
  4. Previous participation in collusive bidding on work for the City;
  5. Submission of an unbalanced Bid in which the prices bid for some items are out of proportion to the prices bid for other items;
  6. Lack of Competency of Bidder. The Contract will be awarded only to a Bidder considered to be capable of performing the work as required by the Contract Documents. The City may declare any Bidder ineligible at any time during the process of receiving bids or awarding the Contract where developments arise which, in the opinion of the City, adversely affect the Bidder's competency to perform the work and to discharge its responsibilities under the Contract;
  7. Lack of capability as shown by past performance of Bidder's work for the City, judged from the standpoint of workmanship and progress;
  8. Unfinished work for which the Bidder is committed by contract, which, in the judgment of the City, might hinder or prevent the prompt completion of work under this Contract if awarded to such Bidder;
  9. Being in arrears on any existing Contract, or having been sued to enforce the City's rights on a construction contract, or having failed to complete the Work, the punch list, or warranty items, or having defaulted on a previous contract with the City;
  10. If the Bid does not contain a bid price for each pay item listed in the Bid Form, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a bid price;
  11. If the Bid is not accompanied by the Bid guaranty, if one is being required.
ORDER OF PRECEDENCE: —
In the event that a conflict arises between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions.

Submission Requirements

I certify that I have read through the attached solicitation, and I understand all specifications, terms, conditions, and materials provided therein. (required)
Confirmation of Special Provisions for Construction Contract (required) —
The Bidder certifies that it has fully reviewed the Special Provisions applicable to this Construction Contract and acknowledges and confirms its acceptance of, and agreement to comply with, all such provisions.
Bid Bond (required) —
Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 5% of the total bid price, payable toCity of Homestead, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 60 days from the date of the bid opening.
Please scan and upload a copy of your bid bond/cashier's check. Bidder must also DELIVER the original bid guarantee with a postmarked date no later than Wednesday, April 22, 2026 addressed to:
City of Homestead
Lilia Jaimes-Renteria, CPPB, NIGP-CPP
450 SE 6^th Avenue
Homestead, FL 33030
Please have the Bidder Name, Contract Title ("ITB# 202613-Wittkop Park Water Treatment Facility Project (Chlorination)"), and Contract Number ("202613") listed clearly on the outside of the envelope.
Upload Proof of Bid Bond Delivery (required) —
In accordance with Q#3 - Bid Bond - Bidder must deliver the original bid bond to indicated address.
Bid Offer Form (required) —
Please download the below documents, complete, and upload.
COH Forms - Federal (required) —
Please download the below documents, complete, and upload with your Bid Package.
1. AMERICANS WITH DISABILITIES ACT (ADA) DISABILITY NONDISCRIMINATION STATEMENT
2. BUSINESS ENTITY AFFIDAVIT/CONFLICT OF INTEREST
3. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
4. DRUG-FREE WORKPLACE PROGRAM AFFIDAVIT
5. SCRUTINIZED COMPANIES FORM
6. E-VERIFY
7. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
8. PERFORMANCE SURVEYS
9. NOTIFICATION OF SOCIAL SECURITY NUMBER COLLECTION AND USAGE
10. W-9 FORM
11. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
12. AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN
13. CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, VETERAN-OWNED BUSINESSES, AND LABOR SURPLUS AREA
14. CERTIFICATION REGARDING LOBBYING
15. PROTEST PROCEDURES
16. BIDDER ACKNOWLEDGEMENT OF DAVIS-BACON AND RELATED ACTS (DBRA) REQUIREMENTS
Federal Contract Provisions (required) —
Please download the below documents, complete, and upload.
List of References (required) —
Please download the below documents, complete, and upload.
Reference Questionnaires (Refer to Section 2.5): (required) —
Please download the below documents, complete, and upload with your Bid Package.
Each bid must have a minimum of three (3) reference questionnaires. Only forms completed by the client references themselves will be considered.
Contractor Qualification Safety Form (required) —
Per the Environmental Protection Agency's (EPA) Risk Management Program (40 CFR 68), the contractor will be required to submit the Contractor Qualification Safety Forms with the submittal package. Please review these documents carefully to understand the requirements of this project.
Please download the below documents, complete, and upload.
Provide copy of Florida Contractors License, Refer to Section 2.7: (required)
Provide copy of valid occupational/business license and State registration (required) —
Bidder(s) shall submit, with their Bid, a copy of their valid occupational/business license and State registration [Florida State Registration can be located and printed at www.Sunbiz.org].
Upload System for Award Management (SAM): (required) —
It is highly recommended that firms responding to this ITB register their entity at SAM.gov. The process is free and a requirement for award of work on federally funded projects. To register, follow the link provided: https://sam.gov/content/entity-registration . Once registered, your firm will be issued a Unique Identifier Number. The registration process usually takes several days but can be up to several weeks depending on demand. This will be a requirement for the firm selected for award.
Required Documentation:
Provide proof of active SAM registration, including your firm’s Unique Entity Identifier (UEI) and current registration status.
Upload E-Verify (required) —
E-VERIFY: In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein.
Every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
Provide evidence of Insurance. (required)
Bidder's Qualifications Form: (required) —
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
- Submit a Company Profile demonstrating qualifications to perform the work.
- Provide evidence of a permanent place of business (including length of time in business).
- Demonstrate technical knowledge and relevant experience, including certifications, training, and years of experience with similar products/services.
- Include resumes and experience of the proposed Project Manager and/or Project Team.
- Show evidence of adequate organizational capacity and qualified manpower (number of employees, warehouse/office size and location).
- Provide documentation of financial capability to meet project obligations.
- Confirm there are no outstanding or unresolved claims against the firm or its work.
- List similar projects completed within the last five (5) years, including type, size, and complexity.
- Disclose any pending or past litigation involving the firm, its principals, or officers with the City.
Upload Schedule of Values - Refer to Section 8 - Pricing (required)
Wage Rates: (required) —
Pursuant to the statutes of the State of Florida and Davis Bacon Prevailing Wage, the wage rates paid to all laborers, workers, and mechanics employed in the execution of this Contract shall not be less than the current wage rates applicable to the location where the work is performed. As of this solicitation issue date the Wage Determinations are included in this bid document in the attachments. If the wage determinations change before the bid opening date, the City will notify the bidders and provide 1 week to update your bid prior to opening. The bidder will be responsible for paying the updated wages.
Acknowledgment of Addenda and Q&A (required) —
Bidder acknowledges that they are solely responsible for reviewing the latest questions and answer, notices and addenda associated with this procurement process. Failure to consider key information and changes within your submission may result in your offer being deemed non-responsive if key data or forms are omitted.
# of days completion time (required) —
Enter in the number of days for completion time.
What is the project location? (required)

Questions & Answers

Q (Testing and Inspections): Who will be responsible for the materials testing and special inspections for this? Will it be hired by the owner part of an on-call contractor or QC by the awarded contractor?

A: Refer to Addendum #1.

Q (Budget): Good Afternoon ! What is the budget for this project?

A: Refer to Addendum #1.

Q (No subject): Specification section 133400 for the factory-built chemical feed building does not reference section 463111 for the Gas chlorine feed equipment even though the V10K valves, roto-meters, etc. are shown in that building. Part of the the equipment referenced in that specification is to be placed in a different structure. Whose responsibility is it to provide the gas chemical feed equipment? Jason Holle Project Manager

A: Refer to Addendum #1.

Q (Section 463111 - Chlorine Gas Feed Equipment): Specification Section 463111 does not contain technical specifications for the Chlorine Gas Leak Scrubber System as indicated on drawings G 021.00, D3 110.00 and D 500.00. Please confirm that the DeNora Water Technologies, Capital Controls DES Series Dry Emergency Chlorine Gas Scrubber System is an approved manufacturer. Please see: https://china.denora.com/dam/jcr:5d21e61f-378a-4e29-a1a4-1f419a5a880f/Dry%20Emergency%20Gas%20Scrubber%20Product%20Bulletin_575-0301.pdf

A: Refer to Addendum #1.

Q (Section 463111 - Chlorine Gas Feed Equipment): Specification Section 463111 does not detailed technical specifications for the ton Cl2 container mounted vacuum regulators, and the wall mounted Cl2 gas rotameters. What is the PPD capacity of each ton container mounted vacuum regulator ? Is an automatic vacuum switch over required ? What is the PPD capacity of each wall mounted Cl2 gas rotameter ? Please confirm that the DeNora Water Technologies, Capital Controls NXT3000 Chlorine gas vacuum feed system is an approved manufacturer. Please see: https://china.denora.com/dam/jcr:9873ccf0-2731-4784-8823-e8fe357d1cf0/999C1220AP-Feb%202020.pdf

A: Refer to Addendum #1.

Q (Chlorine Gas Leak Scrubber System): Please delete our previous question about the Chlorine Gas Leak Scrubber System as indicated on drawings G 021.00, D3 110.00 and D 500.00. We found the technical specifications under SECTION 234219 - CATALYTIC ADSORPTION AIR FILTRATION. De Nora Water Technologies is an approved manufacturer.

A: Refer to Addendum #1.

Q (No subject): Section 133400 - Fabricated Engineered Structures, Paragraph 4.03 A. What are the names, and contact information, for the "eligible building manufacturers" ?

A: Refer to Addendum #3.

Q (No subject): Section 234219 - Catalytic Adsorption Air Filtration: The Chlorine dry emergency gas scrubber system is installed external to the Section 133400 - Fabricated Engineered Structure. Therefore, can the General Contractor purchase the Chlorine dry emergency gas scrubber system directly from it's manufacturer ? Or, must it be provided by the Fabricated Engineered Structure manufacturer, at a higher price mark up ?

A: Refer to Addendum #3.

Q (Scope Clarification): Please confirm scope of 133400 Part 1-A, 1.01 Building manufacture has to design furnish and deliver pre-engineered building along with piping, controls and appurtenances. Will the building manufacturer need to supply and install all specified equipment and piping and controls or will the pipe, controls and appurtenances be performed by a separate vendor/sub-contractor?

A: Refer to Addendum #3.

Q (Drawing Submittals ): 133400 1.03 A 1-3,Specs state the building manufacture is to provide mechanical, electrical and I&C design drawings with proposal, however, these drawings already exists in the project documents. Will those drawings suffice or are only the structural drawings from the building manufacturer required with submission?

A: Refer to Addendum #3.

Q (Award Method): Per ITB, Pg 18 2.13 method of award, The contract will be awarded to the lowest responsible bidder, however the building specifications section 133400 1.02 A states the award of the contract of this work will not be based solely on price, please clarify which is applicable to the submission and how this will be awarded.

A: Refer to Addendum #3.

Q (No subject): Specification Section 463111 does not contained detailed technical specifications for the ton Cl2 container mounted vacuum regulators, the wall mounted Cl2 gas rotameters, and ejectors. What is the PPD capacity of each ton container mounted vacuum regulator ? Is an automatic vacuum switch over required ? What is the PPD capacity of each wall mounted Cl2 gas rotameter, and ejector ?

A: Refer to Addendum #3.

Q (Clarification and Extension Request): 1. Sheet CS 100.00 calls to install a new 5’ X 3’6” load access hatch. Please confirm if this is for an existing concrete vault and the contractor is to only replace the hatch and leave the existing vault in place. 2. Please confirm the size of the existing WM that the two chlorine injectors need to connect to. 3. Additionally, we would like to request a 2-week extension to the due date in consideration of the clarifications we are requesting. The answers to the above questions will impact on the accuracy of our pricing and the quotes of our subcontractors. If 2 weeks is not possible, any additional time would be appreciated. We feel being provided additional time for this estimate will improve the competitiveness of this submission for all bidders taking part in this solicitation

A: Refer to Addendum #3.

Q (I&C Contractor Requirements): Can the City please confirm if the Instrumentation & Controls Contractor must be located within 50 miles of the site? We feel this requirement limits all bidders ability to obtain competitive quotes from I&C subcontractors. If the City decides to keep this requirement is it possible to use an I&C Subcontractor outside of this radius if "Good Faith Efforts" are demonstrated?

A: Refer to Addendum #3.

Q (No subject): In Specification section 133400 the chemical process station requires a submittal with the bid. The specification says this submittal is supposed to be transmitted to the engineer at the same time the contractor bids are due. Is there a contact that we are supposed to get this document to? We are bidding to the contractors and not directly through the site itself. Are we to transmit our submittal document through the website? If so, is there a specific way that is required?

A: Refer to Addendum #3.

Q (Builders Risk (Question Received via Email from Dane.Leonard@razorbackllc.com)):

A: Will the City be requiring Builders Risk. If so, would the City like the Builders Risk to Cover Sink Holes and/or Floods? Refer to Addendum #3.

Q (Qualified I&C Companies): The specs state that the I&C contractor must be within 50 miles of the project location. Is there a specific I&C company that you have in mind? If so, please identify

A: Refer to Addendum #3.

Q (Overbudget Bids ): May the City please confirm if overbudget bids will be accepted or if the cities budget is too constrained to do so?

A: Refer to Addendum #3.

Q (No subject): Is the owner/engineer willing to revise limiting requirements for instrumentation subcontractors such as the 50 mile radius? Furthermore may the owner/engineer please provide more direction and information on the instrumentation portion of the scope for this project?

A: Refer to Addendum #3.

Q (No subject): Does the city have a list of approved or preferred instrumentation contractors that they may provide to the plan holders?

A: Refer to Addendum #3.

Q (No subject): Does the City intend to have the Instrumentation System Supplier; design, supply, and integrate the instrumentation and controls systems regarding the spec section 264010? Or does the City expect the instrumentation subcontractor to only supply and integrate the product?

A: Refer to Addendum #3.

Q (No subject): Is the owner/engineer able to provide more direction on how they want to control system to operate? I/O point quantity? Required signals? More clear fiber optic specifications? How they want the instruments/devices to communicate?

A: Refer to Addendum #3.

Q (Existing Shed): The existing shed appears to conflict with both the foundation slab of the process building and the chlorine injection tap. Please confirm if the existing shed is to remain in place or demolished?

A: Refer to Addendum #3.

Q (Existing Chemical Storage Demo): Please confirm how the existing chemical storage system is to be demolished. There appears to be no information in the plans or specs specifying the extent of the demo required for the chemical storage.

A: Refer to Addendum #3.

ITB# 202613-Wittkop Park Water Treatment Facility Project (Chlorination)

Opportunity details

Description

Background

Project Details

Important Dates

Addenda

Evaluation Criteria

Submission Requirements

Questions & Answers

Key dates

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