Barrier_Walls_for_Lucy_Switching_Station_(Re-Bid)_(Addendum_#1_Revision).pdf

ITB#202635 Page 1

INVITATION TO BID

FOR

BARRIER WALLS FOR LUCY SWITCHING STATION (RE-

BID)

ITB#202635

Submittal Due Date:

Tuesday, October 20, 2026 at 2:00 pm, EST

Non-Mandatory Pre-Submittal Meeting:

Tuesday, September 29, 2026, EST

ISSUED BY:

Procurement & Contract Services Department

450 SE 6th Avenue Homestead, FL 33030

Date Issued: Friday, September 18, 2026

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofhomestead https://secure.procurenow.com/portal/%7bproject.government.code%7d

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TABLE OF CONTENTS

1. INTRODUCTION

2. SPECIAL TERMS & CONDITIONS

3. GENERAL CONDITIONS

4. SCOPE OF WORK

5. INSURANCE REQUIREMENTS

6. PRICING

7. VENDOR SUBMISSION

Attachments:

A - Construction - Articles and Bond Forms

B - Site Visit and Inspection Indemnification Agreement Form

C - EHS_Doc_for_Lucy

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1. INTRODUCTION

1.1. Summary

Homestead Public Services (HPS Energy) seeks qualified and experienced contractors to furnish and install a prefabricated concrete perimeter barrier wall at the Lucy 138kV Switching Station. Lucy is a critical asset because it serves as the primary tie-in point for the Florida Power & Light (FPL) feeder. Protecting the infrastructure at the Lucy Station is critical for HPS Energy system reliability.

The goal of this project is to install high-strength concrete barriers to harden the station against physical threats and environmental damage. Because Lucy operates in an energized 138 kV environment, the selected contractor must have documented experience furnishing and installing similar barrier walls at electric utility stations. The selected contractor must have documented experience furnishing and installing similar barrier walls at electric utility station that are energized during construction.

HPS Energy seeks a partner who can do this work in accordance with the specifications and building code, and on schedule. Vendors with documented experience in heavy concrete work in industrial or utility settings are encouraged to submit a bid response.

The City of Homestead is an Equal Opportunity Employer and encourages participation from MBE/WBE/DBE businesses.

1.2. Contact Information

Lissandra Kmoch

Procurement Specialist II

450 SE 6th Ave

Homestead, FL 33030

Email: lkmoch@homesteadfl.gov

Phone: (305) 224-4620

Department:

Procurement & Contract Services

Department Head:

Malia Rivera, NIGP-CPP, CPPO, CPPB

Director of Procurement

1.3. Timeline

Release Project Date September 18, 2026 mailto:lkmoch@homesteadfl.gov tel:(305)224-4620

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Pre-Bid Meeting (Non-Mandatory) September 29, 2026, 10:00am

A NON-MANDATORY pre-bid conference will be held on the date and time listed above in the General Services Administration

Department conference room located at 350 SE

6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-bid conference. You may submit questions in writing to be received at least two (2) days prior to the pre-bid conference to: Lissandra

Kmoch Procurement Specialist II, City of

Homestead, 350 SE 6th Avenue, Homestead, FL 33030; via email at: bids@homesteadfl.gov

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

Project address: Lucy Switching Station -

16191 SW 328th Street Homestead, FL 33030

(NE Corner of SW 162nd Ave and SW 328th

St)

**Site Inspection**: Any Bidder attending this site inspection is required to complete the Site

Inspection Indemnity Form (see attachment) or bring a copy of their certificate of insurance evidencing statutory worker’s compensation coverage to the pre-bid meeting as these forms will be reviewed prior to anyone going to the

Site Inspection. Bidders who do not supply this information will not be permitted to attend the site inspection

VIRTUAL ATTENDANCE OPTION -

Microsoft Teams Meeting:

Join:

https://teams.microsoft.com/meet/22733597202

534?p=GjaLZRgleVTIN19AhB

Meeting ID:227 335 972 025 34

Passcode:2X4fn9ZS mailto:bids@homesteadfl.gov https://teams.microsoft.com/meet/22733597202534?p=GjaLZRgleVTIN19AhB https://teams.microsoft.com/meet/22733597202534?p=GjaLZRgleVTIN19AhB

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Dial in by phone

+1 929-346-7292,,936873436# United States, New York City

Find a local number

Phone conference ID:936 873 436#

Question Submission Deadline October 14, 2026, 5:00pm

Bid Submission Deadline October 20, 2026, 2:00pm

JOIN THE VIRTUAL BID OPENING

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/23944546739

8884?p=pWmQmKot6GCzg8rkWF

Meeting ID:239 445 467 398 884

Passcode:vb3bR7RW

Dial in by phone +1929-346-7292,,401618199#

Phone conference ID:401 618 199#

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

Council Meeting Tentative: November 2026

2. SPECIAL TERMS & CONDITIONS

2.1. 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 https://teams.microsoft.com/meet/239445467398884?p=pWmQmKot6GCzg8rkWF https://teams.microsoft.com/meet/239445467398884?p=pWmQmKot6GCzg8rkWF https://procurement.opengov.com/portal/cityofhomestead

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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.

2.2. EXCEPTIONS TO SPECIFICATIONS:

Any exceptions to the requirements of this solicitation shall be disclosed in the designated

Exceptions Section of the OpenGov submission and shall reference the applicable section number. The City reserves the right to determine the acceptability of any exception. Material exceptions to the Terms and Conditions, Scope of Work, Specifications, or other solicitation requirements may result in the proposal being deemed non-responsive and removed from further consideration.

2.3. SITE INSPECTION

Prior to submitting the bid, the bidder is expected 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.

2.4. PROJECT LOCATION:

Lucy Switching Station

16191 SW 328th Street Homestead, FL 33030

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(NE Corner of SW 162nd Ave and SW 328th St)

MOBILIZATION TIME: Bidders shall specify the estimated response and mobilization time required to commence work after receipt of a Work Order or Notice to Proceed. The stated mobilization time shall be expressed in calendar days and shall represent the Bidder’s firm commitment. The City may rely on the stated mobilization time in evaluating bids and scheduling work. Failure to meet the stated mobilization time during contract performance may be considered in evaluating the Contractor’s performance.

2.5. BID BOND:

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

2.5.1 Attorneys-in-fact, who sign the Bid Bond, Performance Bond and Payment Bond, must file with such Bonds, certified copies of their current power of attorney to sign such Bonds. All

Bonds must be countersigned by an agent of the Surety licensed in the state of Florida, with a copy of the agent's current identification card, as issued by the State of Florida Insurance

Commissioner, attached thereto.

2.6. 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.

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2.6.1 The Performance Bond shall be conditioned so that the contractor performs the Contract in the time and manner prescribed in the Contract, including the obligation to cure any and all defects in the Work, including latent defects, with in the time period allowed by section

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

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

2.7. REFERENCES:

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

Number. The City 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.

2.8. 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.

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2.9. BIDDER QUALIFICATIONS:

Bidders shall submit, with their Bid, a Company Profile and supporting documentation demonstrating their qualifications to perform the work.

A. The information provided will be used by the City to determine the responsibility of the

Bidder. The Company Profile should include, at a minimum:

1. Length of time in business and business location • Relevant experience, certifications, and technical qualifications

2. Key personnel and project team experience • Organizational capacity and available resources

3. Financial capability (may be requested separately or post-bid)

4. Record of past performance, including similar projects completed within the last five (5) years

5. Disclosure of litigation or claims, failure to provide complete qualification information may result in a determination of non-responsibility, but shall not automatically render a Bid non-responsive. The City reserves the right to request additional information or clarification.

2.9.1 Licensing & Registration:

A. At the time of Bid submission, the Bidder must hold all required licenses necessary to perform the Work in accordance with Florida Statutes 489.115. Failure to possess the required license at the time of Bid submission shall render the Bid non-responsive.

1. Contractors holding a local Certificate of Competency must also be registered with the State of Florida pursuant to Florida Statutes 489.117.

2. Proof of required State registration shall be provided prior to contract award or execution, and failure to obtain such registration within the time specified by the City may result in a determination of non-responsibility or contract award withdrawal.

B. The successful Bidder, including the General Contractor and designated Qualifier, shall be required to register with the City of Homestead’s Development Services, Planning and Zoning

Department prior to commencing any work under the Contract. Failure to complete such registration within the time specified by the City may result in a determination of non-responsibility, delay of Notice to Proceed, or withdrawal of award.

2.9.2 Post-Bid Responsibility Review

A. The City will evaluate the apparent low bidder for responsibility in accordance with the

Procurement Policy, including:

1. The City reserves the right to request additional documentation after Bid opening to make this determination.

2.9.3 Joint Ventures

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A. If the Bidder is a joint venture (“JV”), the following shall apply:

1. Each joint venture partner shall be properly licensed, as required, in accordance with

Florida Statutes 489.115 at the time of Bid submission. Failure of any required licensed entity to hold a valid license at the time of Bid submission may render the

Bid non-responsive.

2. The joint venture entity, if formed as a separate legal entity, shall be properly qualified to do business in the State of Florida prior to contract award.

3. Evidence of the joint venture arrangement, including identification of all partners and the designated qualifying contractor, shall be provided with the Bid or within a reasonable time thereafter upon request by the City.

4. If the joint venture entity is not fully formed or registered at the time of Bid submission, the Bidder may still be considered, provided that all required licensing requirements are met by the qualifying party(ies). The fully executed joint venture agreement and proof of legal formation shall be submitted prior to contract award.

5. The City reserves the right to request additional documentation to determine the responsibility of the joint venture, including but not limited to licensing, experience, financial capacity, and authority of the qualifying contractor. Failure to provide required joint venture documentation within the time specified by the City may result in a determination of non-responsibility.

2.10. PRODUCT/CATALOG INFORMATION:

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

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

2.11. BID SUBMITTAL & FORMS:

Other forms to be included with your submission include the following: Americans with

Disability Nondiscrimination Statement, Business Entity Affidavit/Conflict of Interest, Certification regarding Debarment, Drug-Free Workplace Program Affidavit, Scrutinized

Companies, E-Verify, Sworn Statement, Performance Surveys, Social Security Collection, W-9, Affidavit Attesting to Non-Coercive Conduct for Labor or Services, Affidavit regarding

Prohibition on Contracting with Entities of Foreign Countries of Concern and all required product information and any other items as indicated in this Section or any part of this Invitation to Bid. Bids may be deemed non-responsive if a form is considered material to the bid and not submitted by the specified due date. Additionally, bids may be rejected for failure to include any

ITB#202635 Page 11 other required documentation identified in this section, elsewhere in the Invitation to Bid, or in any issued Addenda.

A. 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

ITB#202635 Page 12 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.

B. 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.

C. 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.

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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.

D. 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.

E. SCRUTINIZED COMPANIES FORM: Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to

Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized

Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.

If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S.

Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with

ITB#202635 Page 14 business operations in Cuba or Syria during the term of the Agreement.

The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement.

As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative.

F. 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.

G. 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.

H. 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.

I. 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.

https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify

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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).

J. 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.

K. NONCOERCION AFFIDAVIT: In accordance with Section 787.06, Florida Statutes, the City requires all vendors executing, renewing or extending a contract with the City to execute the required City affidavit, attesting that vendor does not use coercion for labor or services.

L. CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN

PROHIBITED: In accordance with Section 287.138, Florida Statutes, each bidder, respondent, proposer, or vendor, is required to properly complete, execute and submit to the City the attached Affidavit which is required by the statute.

2.11.1 LICENSING: Bidder(s) shall submit, with their Bid, a copy of their valid occupational/business license and State registration [Florida State Registration can be located and printed at www.Sunbiz.org]. Bidder must also submit certificates of competency, licenses or any other certification necessary to complete the Contract. Bidders must be in good standing and authorized to transact business in the State of Florida. Must not be listed in the System for Award

Management (SAM) as an excluded party. In addition, all licenses required for Bidders whose businesses and professions are regulated by the Florida Department of Business and Professional

Regulation must be active and current.

2.11.2 ALTERNATE BID DOCUMENTS: Documents prepared by the City must be used for the submission of the Bid response. Alternate bids or bids that deviate from the requirements of this solicitation will not be considered. Bidders shall not insert in their submission any written statement which will have the effect of making any material change or changes in the Scope of

Services or in any contract between the parties covering the subject matter thereof.

2.12. 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:

A. Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract;

B. Invites local subcontractors to submit bids in a practical, expedient way;

https://www.sunbiz.org/

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C. Provides local subcontractors’ access to information necessary to prepare and formulate a subcontracting bid;

D. Allows local subcontractors to meet with appropriate personnel of the Bidder to discuss the Bidders requirements; and

E. Awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Bidders stated objectives.

All Bidders/respondents seeking to contract with the City shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide the required statement shall preclude the Bidder/respondent from receiving the contract.

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

City of any changes to this information during the term of this contract:

A. 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.

2.13. 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

ITB#202635 Page 17 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.

2.14. 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.

2.15. METHOD OF AWARD:

A. 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.

B. 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.

C. Bidder must bid on all items listed in Section 6. Pricing, to qualify for award of the contract.

Bid will be awarded on an all or nothing basis.

D. 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 7. Pricing. All awards made as a result of this bid shall conform to applicable Florida Statutes.

E. 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.

F. The City shall award a contract to a Bidder through action taken by the City of Homestead

City Council at a duly authorized meeting. Acceptable bids which are for an amount not exceeding $100,001 will not have to go through Council and may be awarded by the City

Manager or the Procurement & Contract Services Director. This action shall be administratively supported by a written award of acceptance and the issuance of a Purchase

Order, mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party.

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G. 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.

H. 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.

I. 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.

J. 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.

K. 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

ITB#202635 Page 19 extension. By affixing its authorized signature to the Bid Offer Form, the Bidder hereby acknowledges and agrees to this right.

L. 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.

2.16. 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.

2.17. PAYMENT

Refer to Article 10 in Section 9 - Special Provisions for Construction Contract.

2.18. 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.

2.19. COMPLETION TIME:

Final completion shall be achieved 120 calendar days from issuance of Notice to Proceed.

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

2.20. LIQUIDATED DAMAGES:

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

Original Contract Amount Range Daily Charge (Per Calendar Day)

$299,999 and under $904

$300,000 – less than $2,000,000 $1,685

$2,000,000 – less than $5,000,000 $2,667

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$5,000,000 – less than $10,000,000 $3,813

$10,000,000 – less than $20,000,000 $5,021

$20,000,000 – less than $40,000,000 $7,442

$40,000,000 and over $10,224 + 0.00005 × (amount over $40M)

For all contracts, regardless of whether the contract time is stipulated in calendar days, the

Engineer will count days in calendar days. If the Contractor or, in case of his default, the surety fails to complete the work within the time stipulated in the Contract, or within such extra time that the CITY may have granted the Contract or, in case of his default, the surety shall pay to the

CITY, liquidated damages, in the amount of $1,685.00 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.

2.21. ADDITIONAL WORK:

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

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

2.22. CONE OF SILENCE:

A. 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.

B. 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.

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C. 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.

D. 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.

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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.

E. 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.