Active SLED Opportunity · FLORIDA · CITY OF HOMESTEAD
AI Summary
City of Homestead ITB for procurement and delivery of two low voltage switchboards for wastewater treatment backup generators. Includes equipment, delivery, training, and installation support. Federally funded project with strict compliance requirements. Bid due June 25, 2026.
The purpose of this Invitation to Bid (ITB) is to establish a contract, by means of sealed bids, to obtain the services of a qualified vendor for the procurement, furnishing, and delivery of two (2) complete and operable low voltage switchboards for the project. The selected vendor shall be responsible for providing all necessary equipment, materials, transportation, and services required for delivery, including fuel, power, and essential communication capabilities to ensure proper operation and integration and delivery of the complete and operable switchboard assemblies and ancillary equipment. In addition, provide all necessary training, instruction on installation and set up services after the delivery of the equipment.
The Wastewater Treatment Backup Generators project is federally funded through the State of Florida Department of Commerce (Commerce) and the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Mitigation Program (CDBG-MIT) I0127 grant 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 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.
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 C-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.
Note: Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to CDBG-DR, CDBG-NDR, or CDBG-MIT grants.
This Background Information section is provided to outline the scope, expectations, and minimum requirements that will apply to all bidders submitting a proposal under this solicitation. The information contained herein is intended to ensure that all bidders have a clear understanding of the project objectives, performance standards, and compliance obligations.
The City of Homestead (City) is undertaking a critical infrastructure initiative to enhance the resilience and operational reliability of its wastewater treatment facility during electrical service interruptions. Supported by funding from the U.S. Department of Housing and Urban Development’s Community Development Block Grant Mitigation Program I0127, the project will ensure that the facility can maintain full operational capability during utility outages.
Due to extended equipment lead times, the City has elected to pre-purchase key components of the facility’s backup power system. These components include three (3) diesel engine generators, a generator output switchboard (SWBD-GEN) equipped with permanent connections for a portable generator, and a distribution switchboard (SWBD-DIST) housing an Automatic Transfer Controller (ATC). For procurement efficiency, the City has divided the overall pre-purchase effort into two packages. This package specifically covers the furnishing of the generator output switchboard (SWBD-GEN) and the distribution switchboard (SWBD-DIST).
The three (3) generators will operate in parallel under the control of a Master Paralleling Controller. The generator output switchboard will serve as the common collection point for the generator outputs, combining them into one output connection that powers the distribution switchboard. The generator output switchboard also includes a permanent portable generator connection, as required by the National Electrical Code (NEC), to provide an additional layer of operational continuity during scheduled maintenance or when the permanent generators are unavailable. The ATC at the distribution switchboard will perform all monitoring, control, and transfer operations required to automatically switch between utility and generator power during outages and subsequently return the load to utility power once conditions stabilize.
The below grant terms and conditions will be adhered to upon award and throughout the project:
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 | Section 3 (24 CFR Part 75) |
| No Obligation by Federal Government | Debarment 24 CFR 570.609 |
| 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.
The procurement standards must be met in accordance with the following categories:
When used in these Bid Documents (defined below) or in related documents, the following terms, or pronouns are used in place of them, shall have the meanings given below:
The City’s Procurement and Contract Services Department is the official source to obtain information relating to City of Homestead procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:
Solicitation documents are available for download from the City's e-Procurement Portal ("Portal"): https://procurement.opengov.com/portal/cityofhomestead
You may also contact the Procurement and Contract Services Department at (305) 224-4620 or visit us during normal business hours, to obtain award information and other documents at:
City of Homestead
Procurement and Contract Services Department
450 SE 6th Avenue
Homestead, FL 33030
Please remember, email notification is provided as a courtesy to our Respondents, but it is the Respondent's responsibility to check with the City of Homestead’s Portal at: https://procurement.opengov.com/portal/cityofhomestead for current solicitations and other procurement information.
We appreciate your interest in doing business with the City of Homestead.
The vendor shall furnish and deliver two (2) complete and operable low voltage switchboard assemblies and ancillary equipment for the Wastewater Treatment Backup Generators Project I0127. The SWITCHBOARD MANUFACTURER shall accept responsibility to warrant, design, manufacture, factory test, witness test, ship, provide coordination of installation as needed, provide all specified field testing and commissioning, training, start-up services, technical support, and operations and maintenance manuals for all equipment specified in this Section to ensure successful integration with the City’s selected installation contractor.
Refer to Attachments A & B for details on specifications and drawings.
Bidder must bid on all items listed on the Bid Form to qualify for award of the Contract. Bid will be awarded on an all or nothing basis.
The purpose of this Invitation to Bid (ITB) is to establish a contract, by means of sealed bids, to obtain the services of a qualified vendor for the procurement, furnishing, and delivery of two (2) complete and operable low voltage switchboards for the project. The selected vendor shall be responsible for providing all necessary equipment, materials, transportation, and services required for delivery, including fuel, power, and essential communication capabilities to ensure proper operation and integration and delivery of the complete and operable switchboard assemblies and ancillary equipment. In addition, provide all necessary training, instruction on installation and set up services after the delivery of the equipment.
The Wastewater Treatment Backup Generators project is federally funded through the State of Florida Department of Commerce (Commerce) and the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Mitigation Program (CDBG-MIT) I0127 grant 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 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.
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 C-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.
Note: Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to CDBG-DR, CDBG-NDR, or CDBG-MIT grants.
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.
Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign Bid shall invalidate same and it shall NOT be considered for award. All Bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original Bid conditions and specifications CANNOT be changed or altered in any way. Altered Bids will not be considered. Clarification of Bid submitted shall be in letter form, signed by Bidders and attached to the Bid.
Under this contract, the Vendor shall furnish and deliver to the City two (2) complete and operable low voltage switchboards ready for installation by others. This procurement is intended to secure long-lead equipment in advance of construction, which will be performed under a separate contract.
Vendor to submit equipment specifications with submittal. Refer to Attachment A for complete requirement listing.
Shipment shall be FOB Destination to the following address: Public Works - Wastewater Treatment Facility
Wastewater Treatment Facility:
551 SE 8th Street
Homestead, FL 33030
Deliveries shall be between 8:00am and 4:00pm, Monday through Friday, except for City observed holidays.
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.
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.
This Background Information section is provided to outline the scope, expectations, and minimum requirements that will apply to all bidders submitting a proposal under this solicitation. The information contained herein is intended to ensure that all bidders have a clear understanding of the project objectives, performance standards, and compliance obligations.
The City of Homestead (City) is undertaking a critical infrastructure initiative to enhance the resilience and operational reliability of its wastewater treatment facility during electrical service interruptions. Supported by funding from the U.S. Department of Housing and Urban Development’s Community Development Block Grant Mitigation Program I0127, the project will ensure that the facility can maintain full operational capability during utility outages.
Due to extended equipment lead times, the City has elected to pre-purchase key components of the facility’s backup power system. These components include three (3) diesel engine generators, a generator output switchboard (SWBD-GEN) equipped with permanent connections for a portable generator, and a distribution switchboard (SWBD-DIST) housing an Automatic Transfer Controller (ATC). For procurement efficiency, the City has divided the overall pre-purchase effort into two packages. This package specifically covers the furnishing of the generator output switchboard (SWBD-GEN) and the distribution switchboard (SWBD-DIST).
The three (3) generators will operate in parallel under the control of a Master Paralleling Controller. The generator output switchboard will serve as the common collection point for the generator outputs, combining them into one output connection that powers the distribution switchboard. The generator output switchboard also includes a permanent portable generator connection, as required by the National Electrical Code (NEC), to provide an additional layer of operational continuity during scheduled maintenance or when the permanent generators are unavailable. The ATC at the distribution switchboard will perform all monitoring, control, and transfer operations required to automatically switch between utility and generator power during outages and subsequently return the load to utility power once conditions stabilize.
The below grant terms and conditions will be adhered to upon award and throughout the project:
This Contract shall commence the day after date of award by the City Council of Homestead, Florida, 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 job completion.
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.
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.
Refer to Section 10 - Attachment A and B for full set of plans.
Lilia Jaimes-Renteria, CPPB, NIGP-CPP
Buyer II
100 Civic Court
Homestead, FL33030
Department: Public Works
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 first year of this Contract. Cost adjustments may only be considered year two and beyond if there is an economic impact in the industry and can be validated through the Consumer Price Index. If no price increase has been requested, the City will assume that the bidder has agreed to continue under the same price allowed in the current term.
Prices or billing amounts shall not exceed the prices stated in the Contract without the prior written consent of the City. The prices stated include packing, crating, and transportation, F.O.B./C.I.F. destination, Freight prepaid. Bidder agrees that any price reduction applicable to the ordered services or supplies subsequent to the order date but prior to delivery will be applicable to the Contract.
Bidder may offer incentive discounts from this fixed price to the City at any time during the Contract term.
All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this ITB shall be submitted via “Q&A” through the City’s e-Procurement Portal. 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.
| Release Project Date: | May 29, 2026 |
| Question Submission Deadline: | June 18, 2026, 5:00pm |
| Submission Deadline: | June 25, 2026, 2:00pm JOIN THE VIRTUAL BID OPENING: |
| Committee of the Whole (COW): | Tentative: August 4, 2026 |
| Council: | Tentative: August 19, 2026 |
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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.
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 commencing services and at any time thereafter upon City request.
The City’s Risk Management Department will 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 at any time upon request.
The City’s Risk Management Department shall require a COMPLETE copy of Bidder's commercial general liability policy including all coverage forms and endorsements to confirm that there are no exclusions and/or other limitations for operations of Bidder's independent or sub-contractors. Risk Management, in its sole discretion, shall not accept an insurance policy that includes these type or other similar policy coverage forms or endorsements.
Bidders are responsible for reviewing and acknowledging receipt of all issued Addenda. Failure to acknowledge Addenda may result in a determination that the Bid is non-responsive; however, the City reserves the right to waive such deficiency if it is determined to be in the City’s best interest and does not materially affect the Bid.
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.
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.
If not submitting a Bid, respond by returning an original copy of the NO Bid Form, and check off 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.
This Contract shall commence the day after date of award by the City Council of Homestead, Florida, unless otherwise stipulated in the Notice of Award Letter and/or Purchase Order, which is distributed by the Procurement & Contract Services Director. The Contract shall remain in effect through job completion.
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.
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.
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City 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 Bidders have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
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.
Bidder must bid on all items listed on the Bid Form to qualify for award of the Contract. Bid will be awarded on an all or nothing basis.
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.
Minimum $1,000,000 per Claim or Occurrence and $2,000,000 Aggregate limits required to be evidenced. Unless coverage is written on an Occurrence Form, the retroactive date must be evidenced on the COI provided to the City and must be no later than the date of this Contract.
If coverage is written on a Claims-Made form, Bidder shall satisfy the requirements of this Section by either: (1) maintaining a Professional Liability policy as outlined above for 36 months post-completion OR (2) terminating Professional Liability insurance coverage post-completion AND purchasing an Extended Reporting Period (“ERP”) Endorsement (with a 36-month term minimum) within 10 working days of policy termination. If Bidder chooses Option (2) at any time post-completion, a copy of the ERP shall be provided to the City within 30 calendar days.
All Bids submitted shall be binding for 365 calendar days following the Bid Opening.
The vendor agrees to provide all necessary training, instruction on installation and set up services after the delivery of the equipment. The response time for such services, including training is expressly understood that this service response time applies exclusively to the training service-related components of the bid and does not affect or alter the 30-week maximum delivery timeframe for the furnishing of the equipment. The vendor shall ensure that all services related to the training commence within one (1) week of notice.
Notwithstanding any other provision of these specifications, the provisions as set forth in of Section 2-411.2 “Cone of Silence,” of the City of Homestead is applicable to this Solicitation. The “Cone of Silence” provides, as follows:
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in Section 8 (Q#5 Delivery Time). Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.
Bidders shall specify in Section 8 Submittals the estimated delivery time (in calendar days) for each item. The delivery time should be your best estimate, as orders will be placed based on that information.
The contract shall remain active and in full force until the completion of all service obligations, including setup, startup, and training services. These services must be provided by the vendor within one year from the effective date of the contract, unless otherwise extended due to unforeseen delays or scheduling conflicts. In the event that the vendor has not provided the required services within the specified one-year period, the contract may be extended on a month-to-month basis, at the discretion of the purchaser, until such services are completed.
The vendor acknowledges that the contract may be extended beyond the initial one-year period to accommodate unforeseen delays or other factors that may affect the delivery or provision of services. This could include delays due to construction schedules, unforeseen design changes, or other causes outside the vendor’s control. Extensions will be agreed upon in writing by both parties.
As part of this contract, the vendor acknowledges that a wage escalation clause may be applied in the event that the contract extends beyond three years. This escalation will be calculated based on industry-standard rates and documented increases in wages, subject to mutual agreement at the time of the extension.
Only manufacturer’s authorized parts or approved equal shall be used in 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 delivery, and the Contractor shall maintain a record of all warranted parts. Manufacturer warranties to be included with the Bid.
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No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end Contract. Estimated quantities will be used for Bid comparison purposes only. The City of Homestead reserves the right to: issue purchase orders as and when required, or issue a blanket purchase order for individual agencies and release partial quantities. No delivery shall become due or be acceptable without a written order by the City, unless otherwise provided in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing.
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The City reserves the right in the event the primary Bidder cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract.
Each Bid should be accompanied by a list of references (minimum of six [6]) for clients or government organizations for which the Bidder is currently furnishing or has previously furnished similar products or services. The reference list should include, the name of the company, a contact person, telephone number, email address, Purchase Order or Contract Number.
The City further reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, contacting current or former clients, reviewing relevant documentation, conducting site visits, and performing other independent confirmation of data.
It is the intent of the City to enter into agreement with the successful Bidder that will satisfy its needs as describe herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with its own employees.
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After opening, no changes in prices or other provisions shall be permitted. Respondents may withdraw or correct a submittal prior to the stipulated date and time for the opening of the Solicitation.
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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).
Although this Solicitation identifies specific item(s) to be purchased, serviced and/or maintained, it is hereby agreed and understood that any new locations or items may be added/deleted to/from this Contract at the option of the City, at the awarded Bid price.
In order for Bids to be considered, Bidders should submit with their Bid sufficient information demonstrating their ability to provide the goods specified in this ITB in a satisfactory and timely manner. Bidders may attach additional pages to the Bidder Qualification form included in Vendor Submission Section of this ITB to provide the information below.
Failure to provide sufficient information to demonstrate the above qualifications may result in a determination of non-responsibility. However, the City reserves the right, in its best interest, to request additional information, waive minor informalities, or accept alternative evidence of a Bidder’s qualifications.
Not Applicable. Project is grant related.
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, Reference List, W9, and all product information and any other items as indicated in this Section or any part of this Invitation to Bid. Bids may be considered “Non-Responsive” for lack of including forms 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.
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 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.
All invoices must reference the purchase order number issued by the City. No work shall be performed without issuance of a Purchase Order.
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Where Bidder is required to enter or go onto City property to deliver materials or perform the Work, it must be properly coordinated in advance and the Contractor shall 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 building requirements and the Florida Building Code. The Contractor shall be liable for any damages or loss to the City occasioned by negligence of the Contractor (or agent) or any person the Contractor has designated in the completion of the Contract.
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, DERM, code compliance, and State fee’s and surcharges are the responsibility of the Contractor and 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.
Bidders shall be properly licensed, registered, and authorized to transact business in the State of Florida, as applicable to the goods being provided under this ITB.
Evidence of required licenses, registrations, and certifications may be submitted with the Bid; however, such documentation shall be provided upon request by the City and prior to award.
Bidders shall be in good standing with the State of Florida and shall not be listed as an excluded party in the federal System for Award Management (SAM). Where applicable, all licenses required for businesses regulated by the Florida Department of Business and Professional Regulation (DBPR) shall be current and active.
Failure to maintain required licensing and eligibility may result in a determination of non-responsibility.
The City reserves the right to verify Bidder qualifications, licensing, and eligibility at any time prior to award.
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.
The awarded Contractor shall be responsible for obtaining and maintaining, throughout the term of the Contract, any required city or county business tax receipt(s), as applicable.
Bidders are encouraged to provide a copy of their current business tax receipt with their Bid; however, such documentation may be requested by the City prior to award.
If the Bidder operates under a fictitious name, as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Division of Corporations shall be provided prior to award.
Entities required to be registered with the Florida Department of State shall be in active status at the time of award.
The City reserves the right to verify Bidder qualifications, licensing, and eligibility at any time prior to award.
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After acceptance of Bids, the City will notify the successful Bidder to submit a certificate(s) of insurance naming the City as an additional insured. Contractor shall provide and maintain insurance coverage as required herein in-force until all the Work to be performed under the Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth in Section 6 Insurance.
To the fullest extent permitted by law the Bidder shall hold harmless, defend at its own expense, and indemnify the City, its officers, agents, employees, directors, independent contractors, volunteers, successors and assigns and other authorized representatives from and against any and all liability, claims, demands, damages, losses, expenses, including reasonable attorney’s fees, arising from all acts or omissions, misfeasance, or malfeasance of the Bidder, or its officers, agents, servants, independent contractors or employees, including fines, fees, expenses, penalties, and attorney’s fees for trial and on appeal, and of any kind and nature arising out of the actions of the Bidder connected with the Bid or the performance of any agreement resulting from this Bid, whether by act or omission of the Bidder, its agents, servants, employees or others; and including those claims or liabilities arising from City's negligence, except to the extent said claim or liability is caused by the sole negligence or intentional wrongful act of the City or City's agents or employees.
These indemnification provisions are independent of and shall not in any way be limited by the insurance contracts required by this Contract and does not in any way relieve Bidder from liability under this section.
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If the base Bid or the base Bid plus the sum of any alternates exceed $100,000.00, Bid 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.
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Bid tabulations are posted on the City website at: https://procurement.opengov.com/portal/cityofhomestead.
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.
Any pricing on invoices that is incorrect or freight charges that were not included on the original Bid Pricing and/or Purchase Order, must be brought to the attention of the Procurement Agent and corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the City’s attention and did not receive written approval via a Change Order issued by the Procurement Agent will not be honored.
The City of Homestead is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order.
Certificate of Exemption can be located here: https://www.homesteadfl.gov/514/Tax-Forms
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.
Upon requests, the Bidder shall provide a complete and accurate sample of the product(s) which they propose to furnish. These items must be furnished free of expense and, if not destroyed, will, upon request, be returned at the Bidder’s expense. Bidders will be responsible for the removal of all samples furnished within (30) days after Bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Bidder’s name. Failure of Bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the Bid. Unless otherwise indicated, samples should be delivered to the Procurement and Contract Services Department, 450 S.E. 6th Avenue Homestead, FL 33030 or mailed to 100 Civic Court, Homestead, FL 33030.
Bidder shall supply the City with a SAFETY DATA SHEET (SDS), for any and all applicable commodities contained in this formal Bid. If an award includes materials that require a SDS, the SDS must be included and accompany the delivery of these materials to the City per OSHA standard: (Subpart Z, Toxic and Hazardous Substances, 29 CFR 1910.1200(g)). If material is not hazardous, is exempted in the OSHA HazCom Standard 29 CFR 1910.1200(g) and does not require an SDS, provide a written statement from the manufacturer supporting this claim.
All Bidders may be requested to submit catalog information on the product(s) and/or unit(s) they propose to furnish if awarded this Contract. Failure to submit such information will result in rejection of your Bid.
All Bids that include substances found on the current Florida Toxic Substance List must be submitted with a Material Data Sheet, in accordance with applicable Florida Statutes.
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.
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.
Quantities stated are for Bidders’ guidance only and no guarantee is given or implied as to quantities that will be used during the Contract period. Estimated quantities are based upon previous needs and estimated usage for one year period. Said estimated quantities may be used by the City for the purpose of evaluating the low Bidder meeting specifications.
It is understood and agreed that any item offered or shipped as a result of these Bid Documents shall be the 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.
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.
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. 6th Avenue Homestead, FL 33030.
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.
All warranties, express or implied, shall be made available to the City for goods and services covered by these Bid Documents. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the City, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty. Section 3 – Instructions to Bidders of the Bid may supersede the manufacturer’s standard warranty.
In the event the awarded Bidder receives notice that a product delivered by the awarded Bidder to the City has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the awarded Bidder shall notify the City’s Bid Procurement Agent within two (2) business days of receiving such notice. The City’s acceptance or failure to reject the affected product as non-conforming shall not in any way impact, negate, or diminish the awarded Bidder’s duty to notify the City’s Procurement Agent that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the City shall include the name and description of the affected product; the approximate date the affected product was delivered to the City; the Bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the City, if necessary to protect the health, welfare, and safety of the City, residents or employees; and any health hazards known to the awarded Bidder which may be caused or created by the affected product. The awarded Bidder shall, at the option of the Procurement Department and/or Procurement Agent, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the City. Unless it was absolutely necessary for the City to dispose of the affected product, the awarded Bidder shall be responsible for removal and/or replacement of the affected product within a reasonable time, as determined by the City, without causing significant inconvenience to the City.
At the option of the City, the awarded Bidder may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded Bidder will bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the affected product with an equivalent replacement within a reasonable time without significant inconvenience to the City will be considered a default.
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.
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.
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.”
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:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties.
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.
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.
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.
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.
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.
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.
The City 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 these Bid Documents; postpone or cancel at any time during this Bidding 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’s requirements will not be considered. After all Bids are analyzed, organization submitting bids that appear, solely in the opinion of the City, to be the most responsive/responsible, shall be submitted to the City of Homestead’s City Council, and the final selection will be made shortly thereafter with a timetable set solely by the City. The selection by the City shall be based on the Bid, which is, in the sole opinion of the City Council of the City of Homestead, in the best interest of the City. The issuance of this Bid constitutes only an invitation to make presentations to the City of Homestead. The City reserves the right to determine, at its sole discretion, whether any aspect of the Bid satisfies the criteria established in these Bid Documents. In all cases the City shall have no liability to any contractor for any costs or expense, incurred in connection with these Bid Documents or otherwise.
The submission of a Bid shall be prima facie evidence that the Contractor is familiar with and agrees to comply with the contents of these Bid Documents.
All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor, under the Contractor's sole direction, and not an employee or agent of the City of Homestead. The Contractor shall supply competent and physically capable employees and the City may require the Contractor to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on City property is not in the best interest of the City. Each employee shall have and wear proper identification.
The Contractor agrees not to enter into subcontracts and shall not assign, transfer, convey, sublet or otherwise dispose of the 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.
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.
It is the intent of the City to purchase the items specifically listed in these Bid Documents from the awarded Bidder. However, items that are to be “Spot Market Purchased” may be purchased by other methods, i.e. Federal, State or local contracts.
As a political subdivision, the City 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’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.
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 the Contract.
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.
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.
Property owned by the City is the responsibility of the City. 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 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.
If Contractor defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, either the City Manager or the City Council of Homestead may terminate this Contract, in whole or in part, upon written notice without penalty to the City. 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 under Section 3.68. City Manager may terminate this Agreement immediately if the City Manager deems it to be for the health, safety, and welfare of the public.
The City Manager may terminate the Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City. If the Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City 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 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.
Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor, sub-subcontractor and the City. Contractors shall be as fully responsible to the City for the acts and omission of the subcontractors and sub-subcontractors as for the acts and omissions of person(s) directly employed.
As a political subdivision, the City is subject to the Florida Sunshine Act and Public Records Law. If the Bid submittal contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order.
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 be proper exclusively in Miami-Dade County, Florida.
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.
Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City and Contractor, or to create any other similar relationship between the parties.
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.
Except as otherwise expressly provided in these Bid Documents, 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.
The headings to the various paragraphs of these Bid Documents 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.
The Contract consists of this Invitation to Bid, General and Special Conditions, Minimum Technical Specifications, Addenda, Contractor’s Response, all items attached and any written agreement entered into by the City and Contractor, and are made part of 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.
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.
American Recovery and Reinvestment Act funds used for a transaction that involves a new construction or repair contract, exceeding $2,000 must comply with the prevailing wage requirements of the Davis-Bacon and Related Acts requirements.
Section 1606 of the ARRA legislation:
“Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and sub-contractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.”
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.
Where there appears to be a conflict 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.
PUBLIC RECORDS:
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 OF 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
Please download the below documents, complete, sign and upload.
Please download the below documents, complete, sign and upload with your Bid Package.
Please download the below documents, complete, sign and upload.
Please download the below documents, complete, and upload.
Vendor confirms it has reviewed the specifications, pricing complies fully with those specifications, no deviations have been submitted, and all items proposed are in accordance with specifications provided.
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.
Please download the below documents, complete, and upload. Refer to Section 2.17
Provide a copy of valid occupational/business license.
State registration [Florida State Registration can be located and printed at www.Sunbiz.org].
Provide the estimated delivery time (in calendar days) for each item. The delivery time should be your best estimate, as orders will be placed based on that information. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.
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.
Example: $25.00
Grant related project.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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