belle glade 8026.pdf

CONSTRUCTION PROJECT MANUAL

INVITATION TO BID # 10-2026

THIRD STREET DRAINAGE IMPROVEMENT PROJECT

PHASE 2

FLORIDA DEPARTMENT OF ENVIRONMENTAL

PROTECTION GRANT AGREEMENT #LPA0091

BOOK ONE TERMS, CONDITIONS & BID SUBMITTAL

DOCUMENTS

CITY OF BELLE GLADE CITY COMMISSION

STEVE B. WILSON, MAYOR

DR. ROBERT L. REASE, VICE MAYOR

SORILINDA SANTIAGO, TREASURER

JOAQUIN ALMAZAN, COMMISSIONER

TEQUELLA COLLINS, COMMISSIONER

PURCHASING DIVISION

110 DR. MARTIN LUTHER KING, JR. BLVD., WEST

BELLE GLADE, FL 33430-3900

Purchasing Division

ITB #10-2026

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INVITATION TO BID LEGAL NOTICE

Sealed Bids shall be received by the City of Belle Glade (City) as follows:

Bid Number: 10-2026

Bid Name: Third Street Drainage Improvement Project Phase 2; Florida Department of Environmental Protection Grant Agreement # LPA0091.

Bid Advertising Date: August 2, 2026

Bid Opening Date/Time: Thursday, September 3, 2026 @ 3:00PM

Bonds Required: Yes; 5% Bid Bond; 100% Performance & Payment Bonds, Maintenance Bond

Pre-Bid Meeting: YES

A mandatory pre-bid meeting and site inspection will be held at the City of Belle Glade City Hall City Commission Chambers located at 110 Dr. Martin Luther King Jr., Blvd., West, Belle Glade, Florida, 33430 on Monday, August 17th, 2026 at 10:00AMEastern standard Time.

Failure to attend a mandatory pre-bid conference as required by the Bid Documents shall result in the automatic rejection of your bid as non-conforming and non-responsive..

Last day for questions: Wednesday, August 18th, at 3:00PM

Contact Person: Neil Appel, C.P.M. nappel@belleglade-fl.com

Submit Bid to: City of Belle Glade City Clerk’s Office

110 Dr. Martin Luther King Jr., Blvd., West

Belle Glade, Florida, 33430

Bid Purpose: Improve 3rd Street Drainage. See Scope of Work for details

Proposed Award Date September 2026, TENTATIVE

Bid Documents and addenda may be obtained at the Purchasing Division website at https://www.bellegladegov.com/rfps

Bidders who obtain solicitation documents from other sources than the City of Belle Glade Purchasing Division website or City Clerk’s office are cautioned that the solicitation package may be incomplete.

Bidders are cautioned to check the Purchasing Division website daily to download any addenda.

Bidders shall submit ONE (1) MARKED ORIGINAL, THREE (3) PHOTOCOPIES AND ONE (1) ELECTRONIC FLASHDRIVE OF THE COMPLETED BID PACKAGE in a sealed envelope to the address listed above. The Project Name, Bid Number, and time and date of the Bid opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted.

Bidders may not withdraw their Bid for a period of one hundred twenty (120) calendar days after the day set for the opening of Bids.

The City of Belle Glade reserves the right to waive any technicalities; reject any and all Bids which are incomplete, conditional, non-responsive, or which contain additions not allowed for; to reject any or all Bids in whole or in part with or without cause; to award to a single bidder or to divide the award between bidders, to re-solicit this ITB or any part of this ITB and accept the Bid which best serves the City.

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TABLE OF CONTENTS

Section Title

1. Notice to Bidders

1.1 Invitation to Bid

1.2 Table of Contents

1.3 Definitions

1.4 Scope of Work

2. Instructions to Bidders

3. General Conditions

4. Special Conditions

5. Bid Submittal Form

Bid Checklist

Bid form

Price Schedule Conflict of Interest Form

Bid Signature Certification

Statement of No-Bid

Bid Bond

Affidavit for Bond

Bidder Qualification Statement

General Information Notice of Compliance With Chapter 556, Florida Statutes

Experience/ Capacity Scrutinized Companies Certification Form

Material List Certification Regarding Lobbying

Subcontractor List Affidavit of Compliance With Foreign Entity Laws

Drug Free Workplace Certification Affidavit of Compliance with Anti-Human Trafficking Laws

Non-Collusion Affidavit

Affidavit of Prohibited Contracting with Entities of Foreign Countries of Concern

Trench Safety Act Compliance

Warranties

Public Entity Crime Statement

Statement of No Bid

6. Sample Forms

Construction Performance Bond Change Order

Construction Payment Bond Product Substitution Form

Certificate and Affidavit for Bond Project Rain Day Form

Certificate of Substantial Completion Interior Inspection Form

Subcontractor Waiver, and Release of Lien Exterior Inspection Form

Final Waiver, Receipt, and Release of Lien Submittal Cover Form

Submittal Record Form

Build America, Buy America (BABA) Act Forms BABA Certification

BABA Waiver

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7. Appendices

Specifications Including The following Permits

South Florida Water Management District (SFWMD) Environmental Resource General Permit #50-109868-P

SFWMD General Permit #17052-R

Florida Department of Health, Palm Beach County division of Public Health Permit

#13829-075-DWC

Department of the Army Corp of Engineers Regulatory Division south Permits Branch

#SAJ-2023-02852 (NWP-JLA)

SFWMD Supplementary Specification Sections for Canal Bank Restoration

Drawings

Grant Contract

Sample Contract

THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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DEFINITIONS

Defined Terms - Terms used in the Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions.

The term "Bidder" means one who submits a Bid directly to City (City of Belle Glade), as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

Wherever used in the Contract Documents the definitions have the meanings indicated which are applicable to both the singular and plural thereof:

Wherever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1.1 Acceptance: By the CITY'S PROJECT MANAGER of the Work as being fully complete in accordance with the Contract Documents.

1.2. Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract

1.3. Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payments or final payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

1.4. Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices for the WORK.

1.5. Bidder:- Any person, firm or corporation submitting a Bid for the Work directly to the CITY.

1.6. Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

1.7. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the Contract Documents and in accordance with the law of the place of the project.

1.8. Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract.

1.9. Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the City’s authorized agent within the scope of work entrusted to them by the City.

1.10. Consultant’s Representative: An authorized representative of the Consultant assigned to observe the work performed and materials furnished by the CONTRACTOR.

1.11. Contract: The written agreement between CITY and CONTRACTOR covering the WORK to be performed.

1.12. Contract Documents: The Contract Documents establish the rights and obligations of the parties and include the Contract, Contract/Bid Addenda, CONTRACTOR’S Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Tentative Award)

REV 7/9/2025 Page 5 of 152 Section 2-Instructions to BIDDERS when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Technical Specifications, and the Drawings as the same are more specifically identified in the Contract, together with all Written Amendments, Change Orders, Field Orders, and CONSULTANT’S written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents

1.13. Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document.

1.14. Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the WORK.

1.15. CONTRACTOR: The individual, partnership, corporation, joint-venture, or other legal entity with whom the CITY has entered into the Contract.

1.16. Day: A calendar day of 24 hours measured from midnight to the next midnight.

1.17. Defective Work: WORK that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or WORK that has been damaged prior to the CONSULTANT'S recommendation of final payment.

1.18. City: The City of Belle Glade, Florida, a Florida Municipal corporation, the public entity with whom the Contractor has entered into the Contract and for whom the WORK is to be provided.

1.19. City Representative: The person or persons designated by the CITY'S PROJECT MANAGER. The CITY'S PROJECT MANAGER. This may include the CONSULTANT.

1.20. Drawing: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the WORK, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as so defined.

1.21. Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated it means the date on which the Contract is signed by the last of the two parties to sign the Contract.

1.22. Field Order: A written order issued by the CITY'S PROJECT MANAGER or by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with paragraph 9.4 Clarifications and Interpretations or orders minor changes in the Work in accordance with paragraph 10.1.

1.23. General Requirements: See Special Conditions and Division 1 of the Technical Specifications.

1.24. Hazardous Environmental Condition: The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

1.25. Hazardous Waste: The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

1.26. Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations.

1.27. Liens—Charges: Security interests, or encumbrances upon Project funds, real property, or personal property.

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1.28. Milestone: A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

1.29. Notice of Award: The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement.

1.30. Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time and the date the Contract WORK is to be completed.

1.31. Notice of Tentative Award: The official written notice by the CITY to the apparent successful BIDDER stating that upon compliance by the apparent successful BIDDER with the conditions precedent enumerated therein within the time specified, the CITY may enter into a Contract.

1.32. Partial Utilization: Placing a portion of the WORK in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the WORK.

1.33. Project: The total construction of which the WORK to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

1.34. Progress Schedule: A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

1.35. Project: The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

1.36. Project Manua: The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

1.37. Resident Project Representative (RPR): The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof.

1.38. RESPONSIBLE BIDDER, OFFERER, QUOTER, OR RESPONDENT: means an individual or business which has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will give reasonable assurance of good faith and performance.

1.39. RESPONSIVE BIDDER, OFFERER, QUOTER, OR RESPONDENT, VENDOR, CONTRACTOR:

means an individual or business which has submitted a bid, offer, proposal, quotation or response, which conforms in all material respects to the solicitation, including, but not limited to compliance with any M/WBE requirements contained within the solicitation.

1.40. Samples: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

1.41. Schedule of Submittals: A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

1.42. Schedule of Values: A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

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1.43. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of it’s representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other Modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents.

1.44. Site: Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor.

1.45. Special Conditions: When included as a part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedent over the General Conditions.

1.46. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work and certain administrative details applicable thereto.

1.47. Sub-Bidder: One who submits a Bid to a BIDDER.

1.48. Subcontractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the Site.

1.49. Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes §2I8.70 and §2I8.735, the term Substantial Completion shall be as follows, in lieu of any other definition:

a. “Substantial Completion” is defined as that point where the City is able to enjoy beneficial occupancy of the Work and where the Work has achieved that level of completion such that City is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items except where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work.

b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific and are as set forth in attached Technical Specifications.

c. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project.

1.50. Successful Bidder: The lowest, qualified, responsible and responsive BIDDER to whom CITY (on basis of CITY’S evaluation as hereinafter provided) makes an award.

1.51. Supplementary General Condition: The part of the Contract Documents which amends or supplements these General Conditions, but are subordinate to Special Conditions.

1.52. Supplier: A manufacturer, fabricator, supplier, distributor, materialman or vendor.

1.53. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and his acceptable performance of the Work.

1.54. Unbalanced Bids:

a. Mathematically Unbalanced Bid means a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's

REV 7/9/2025 Page 8 of 152 Section 2-Instructions to BIDDERS anticipated profit, overhead costs, and other indirect costs.

b. Materially Unbalanced Bid means a bid which generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the City; or which is so mathematically unbalanced as to result in an advance payment.

1.55. Unit Price Work: WORK to be paid for on the basis of unit prices.

1.56. Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems.

1.57. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnished thereof.

1.58. Work Change Directive: A written directive to CONTRACTOR, issued on or after the Effective Date of the Contract and signed by the CITY and recommended by the CONSULTANT, ordering an addition, deletion or revision in the WORK, or which references an emergency or unforeseen physical conditions under which the WORK is to be performed. A Work Change Directive may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive shall be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time.

1.59. Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract and normally dealing with the non-engineering or non-technical rather than strictly WORK related aspects of the Contract Documents.

1.60. Minor Irregularity: a variation from the terms and conditions of this solicitation that does not (1) affect the price of the Bid, (2) give the Bidder an unfair competitive advantage over other Bidders, or (3) adversely impact the interests of the City.

1.61. Intent of Certain terms

a. Furnish, Install, Perform, Provide

i. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

ii. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

iii. The words “perform,” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials or equipment complete and ready for intended use.

b. When “furnish,” “install,” “perform,” or “provide,” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of contractor, “provide” is implied.

c. Unless stated otherwise in the contract documents, words or phrases which have a well known technical or construction industry or trade meaning are used in the contract documents in accordance with such recognized meaning.

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SCOPE OF WORK

This project is made possible by the State of Florida Department of Environmental Protection Grant

Agreement # LPA0091.

The City of Belle Glade’s NW 3rd Street Phase II-A Drainage Improvements Project includes, but is not limited to,

1. The removal and replacement of existing storm drainage infrastructure, including pipes, structures, and catch basins, as well as connections to the existing stormwater system.

2. The project also includes water main adjustments and deflections,

3. Installation of one (1) control structure and a downstream defender® treatment unit,

4. Construction and grading of new stormwater swales, and

5. Replacement of the existing outfall, including associated riprap and bank stabilization improvements.

6. Due to limited construction funds, the current design is being phased as per outlined/noted on the plans in RED (which is also reflected in the quantities of the schedule of values/SOV).

This project is being funded, in part, through the Florida Department of Environmental Protection

(FDEP). As such, bidders are responsible for reviewing and complying with all applicable grant requirements outlined in the contract documents.

Time is of the essence due to an upcoming grant funding deadline. The Notice to Proceed (NTP) and pre-construction meeting are tentatively scheduled for September 29, 2026, contingent upon City

Commission approval of the contract award, which is currently anticipated to occur approximately one week earlier.

Performance and Payment Bonds must be registered with Palm Beach County and delivered to the City prior to the commencement of construction.

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Article Title Article Title

1. Defined Terms 46. Code of Ethics

2. Copies of Bid Documents 47. Samples-Demonstrations/Mockups

3. Execution of Bid 48. Lobbying

4. No Bid 49. Cone of Silence

5. Bid Submission 50. Disputes

6. Bid Form 51. Assignment

7. Bid Security 52. Subcontracting

8. Qualifications of Bidders 53. Bid Tabulation Posting

9. Examination of Bid Documents and Site 54. Bid Protest

10. Contract Security/Insurance 55. Unbalanced Bids

11. Signing of Contract 56. Sales Tax

12. Bids To Remain Open 57. Direct Material Purchases

13. Modification of Bids 58. Indemnification

14. Withdrawal of Bids

15. Award of Contract 59 Contracting Prohibitions

16. Bid Tabulation 60 Lobbying

17. Prices 61 E-Verify

18. Delivery 62 Anti-Human Trafficking

19. Mistakes 63 Scrutinized Companies

20. Invoicing and Payment 64 Inspector General

21. Interpretations and Addenda 65 Contract Modifications

22. Conflict of Interest 66 Prohibited Contracting with Entities of Foreign Countries of Concern

23. Bid Exempt 67. Prohibited Diversity, Equity, & Inclusion Material use

24. Promotional Pricing

25. Contractual Agreement

26. Bonding Guaranty

27. Advertising

28. Facilities

29. Representation

30. Disqualification of Bidders

31. Substitute Or Equal Items

32. Adjustments/ Changes/ Deviations

33. Rejection

34. Non-Collusion

35. Definition of Terms

36. Qualifications Evidence

37. Public Entity Crimes

38. Public Records

39. Annual Appropriation

40. Cost of Bid

41. Licenses and Permits

42. Bidder Mailings Address

43. Subcontracting/Minority Business Inclusion

44. Anti-Discrimination

45. Joint Bids

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INSTRUCTIONS TO BIDDERS

These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall contain BIDDER’s name, return address, date and time of Bid opening, and Bid number and title. Bids not submitted on the enclosed Bid Form shall be rejected. By submitting a Bid the BIDDER agrees to all terms and conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the BIDDER. Bids that do not comply with these requirements may be rejected at the option of the CITY. As used in this Invitation to Bid, the words BIDDER, proposer, and contractor may be used interchangeably, and when so used, deemed to mean BIDDER.

1. DEFINED TERMS: Terms used in these Instructions to

Bidders, have the meanings assigned to them in the City of Belle Glade, Standard General Conditions of the Construction Contract.

The term "Bidder" means one who submits a Bid directly to City (City of Belle Glade), as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

Wherever used in the Contract Documents the definitions have the meanings indicated which are applicable to both the singular and plural thereof

2. COPIES OF BID DOCUMENTS: Bid documents may be obtained from the Purchasing Division website at https://www.bellegladegov.com/rfps.

Complete sets of Bid Documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes and each disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

CITY and CONSULTANT in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining bids on the WORK and do not confer a license or grant for any other use.

Auto Cad files and/or raw data will not be provided for use in preparing Bids.

3. EXECUTION OF BID: Bid must contain a manual signature, in ink, of an authorized representative, who has the legal ability to bind the BIDDER in contractual obligations. Bid must be typed or legibly printed in ink.

Use of erasable ink is not permitted. All corrections made by BIDDER to any part of the Bid document must be initialed in ink

4. NO BID: If not submitting a Bid, please respond no later than the Bid opening date and time, by returning the acknowledgment, noting the reason in the space provided. Failure to respond three (3) times in succession without returning the acknowledgement may be cause for removal of the BIDDER's name from the mailing list.

5. BID SUBMISSION: Bidders shall submit one (1) marked original, three (3) copies, and one (1) electronic flash drive of the completed Bid package in an opaque sealed envelope to the City Clerks Office.

All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid opening shall be public, at the CITY’s City Clerk’s Office located at:

110 Dr. Martin Luther King Jr. Blvd West, Belle Glade Florida 33430-3900 on the date and time specified in the Invitation to Bid.

The Bid opening may be delayed if, at the sole discretion of the CITY, it is considered to be in the CITY’s best interest. Under no circumstances shall Bids delivered after the Bid opening time has begun be considered, and such Bids shall be returned unopened.

It is the BIDDER’s sole responsibility to assure that his/her Bid is complete and delivered at the proper time and place of the Bid opening. Offers by facsimile, telegram, or telephone are not acceptable. A Bid may NOT be altered by the BIDDER after opening of the Bids. NOTE: Bid tabulations shall be furnished upon request.

The Clerk’s Office shall be open and available for the receipt of bids according to the following schedule.

Bids may be submitted Monday through Thursday from 7:30 a.m. to 6:30 p.m. HOWEVER, THE DAY

THE BIDS ARE TO BE SUBMITTED THE LATEST

TIME ALLOWED FOR SUBMISSION SHALL BE THE

TIME STATED IN THE ADVERTISEMENT OR

SUBSEQUENT BID ADDENDA. The City Clerk’s

Office is closed and unavailable for the receipt of bids on Fridays, Saturdays, Sundays, and legal holidays.

If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the face of the enclosing envelope.

Bids will be opened and read aloud publicly at the time and place indicated in the Invitation to Bid. All BIDDERS and their representatives are invited to attend. An abstract of the amounts of the base Bids will be made available to BIDDER after the opening of Bids.

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If not submitting a Bid, please respond no later than the Bid opening date and time, by returning the acknowledgment, noting the reason in the space provided. Failure to respond three (3) times in succession without returning the acknowledgement may be cause for removal of the BIDDER’S name from the mailing list.

All Bids shall remain subject to acceptance for one hundred twenty (120) calendar days after the day of the Bid opening, but the CITY may, at the sole discretion of the CITY, release any Bid and return the Bid Security prior to that date.

6. BID FORM: Bids must be submitted on the prescribed form; all blank spaces must be filled in as noted, in ink or typed with amounts extended and totaled. Where indicated on the Bid Form, items shall be stated in numbers.

The Bid Form is included with the Bidding Documents;

additional copies may be obtained from the City (or the issuing office). Bid submittals must be made on the blank forms provided herein. All blank spaces in the Bid form must be filled in, regardless of whether quantities are shown, and no change shall be made either in the phraseology of or in the items mentioned in the Bid form.

All blanks on the Bid Form must be completed in ink or by typewriter.

Each Bid Form shall specify a unit price written in figures for each of the separate items as called for, except when the Bid calls for a lump sum. Lump sum Bids shall be shown in figures.

Any Bid submittal which does not contain prices set opposite each of the items for which there is a blank space shall be cause for rejection. Any items not bid upon shall be indicated “NO BID” in place of the price.

Any Bid which in any manner fails to conform to the conditions of the published notice will be cause for rejection.

In the event of addition errors, the extended totals will prevail and the Bidder’s total offer will be corrected accordingly. If there is a conflict, words take precedence over figures. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

The estimate of the various quantities of work or goods applicable to unit price items as shown on the Bid Form is approximate and is intended solely to provide the basis of comparison upon which the Award of Contract is made. Final payment shall be made on the basis of the actual quantities of each item.

Irregular Bids may be rejected. Irregular Bids are defined as those containing serious omissions, unauthorized alternative Bids, incomplete Bids or unbalanced Bids. Failure to provide all of the information required to accompany the Bid, Bid Form and Specifications shall be considered a serious omission, which may result in the bid being rejected as non-conforming.

Bids by corporations must be executed in the corporate name by the President or Vice President (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the Secretary or Assistant Secretary. The corporate address and State of Incorporation shall be shown below the signature.

Bids by partnership must be executed in the partnership name and signed by a general partner, his title must appear under his signature and the official address of the partnership must be shown below the signature.

All names of persons signing documents must be typed or printed below the signature.

The address, telephone number and email address for communications regarding the Bid must be shown.

At the sole discretion of the City, Bids that contain any omission, erasure, alteration, addition, or item not called for, or that show irregularities of any kind, may be considered as informal or irregular. This will be cause for the rejection of a Bid.

If a Bidder wishes to change unit prices prior to Bid submission, they shall strike the unit price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the Bid. Any changes or alteration of unit prices in the Bid shall be initialed.

Failure to initial these changes or illegible entries of corrections or unit prices may be cause for the rejection of the Bid as informal or irregular.

The Bid shall contain acknowledgment of receipt of all addenda (copies of which shall be attached to the Bid Form).

BID TERMS, CONDITIONS AND SPECIFICATIONS

MAY NOT BE CHANGED BY THE BIDDER WITHOUT

THE PRIOR WRITTEN CONSENT OF THE CITY.

7. BID SECURITY: When required by the Bid documents each Bid must be accompanied by a Bid security made payable to the City of Belle Glade in an amount of five percent (5%) of the BIDDER’S maximum Bid price and in the form of a certified check or cashier’s check drawn upon any State or National Bank of Florida or a Bid Bond issued by a Surety that must have a “Best” rating of "A", and be authorized to do business in Florida.

Said check or Bid Bond shall be made payable to the City of Belle Glade and shall be given as a guarantee that BIDDER, upon receipt of Notice of Tentative Award of the purchase order or contract, shall enter into the Contract or accept the purchaser order with the CITY, and furnish the necessary documents including, but not limited to insurance certificates, other required Bonds, each of the said Bonds to be in the amount stated on the Invitation to Bid.

The Attorney-in-Fact who signs the bond must file with the bond a current certificate of proof of appointment as Attorney-In-Fact.

The Bid Security of the SUCCESSFUL BIDDER shall be retained until such BIDDER has been awarded a binding Contract or Purchase Order or Contract security whereupon the Bid security shall be returned. If the apparent SUCCESSFUL BIDDER fails to execute and

REV 7/9/2025 Page 13 of 152 Section 2-Instructions to BIDDERS deliver the Purchase Order or Contract and furnish the required contract security within fifteen (15) calendar days after the Notice of Tentative Award, which is issued prior to the CITY’s award of Purchase Order or Contract, the CITY may annul the Notice of Tentative Award, and the Bid security of that BIDDER shall be forfeited and retained by the CITY. The CITY may then recommend to the Commission to accept the Bid of the next lowest responding BIDDER, or re-advertise for bids. If the Bid of the next lowest BIDDER is accepted, this acceptance shall bind such BIDDER as though it was the original SUCCESSFUL BIDDER.

There shall be no binding contract until such time as the Commission or designee executes the Contract or issues the Purchase Order as the final award of the contract. The Bid Security of other BIDDERS whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract or the one hundred twenty first (121) first day after the Bid opening, whereupon Bid security furnished by such BIDDERS shall be returned.

Bid security with Bids which are not competitive or responsive shall be returned upon award of the Bid.

8. QUALIFICATIONS OF BIDDERS: To demonstrate qualifications to perform the WORK, each BIDDER must be prepared to submit within five (5) calendar days of CITY’S request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for in the Instructions to Bidders. Each Bid must contain:

A. Evidence of Bidder’s authority to do business in the State of Florida, Palm Beach County and the City of Belle Glade.

B. Bidder’s state contractor license number, if applicable.

C. References from a minimum of five (5) other comparable projects.

D. Letter establishing the Bidder’s bonding capacity for the value of the Project.

E. The City reserves the right to request a Bidder under consideration for award to furnish a certified financial statement, current within the past quarter, which must be a complete report of the financial resources and liabilities or as otherwise requested by the City. Regardless of the foregoing, such information will be subject to F.S. 119.01, et seq. A compilation financial statement is not acceptable.

F Competency Requirements. Bids will be considered only from firms which are regularly engaged in the business of providing the contracting services as described in this Invitation to Bid and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time;

have sufficient financial support, sufficient personnel, delivery equipment and organization to insure that they can satisfactorily perform the construction of the project if awarded a Contract under the terms and conditions herein stated. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. Pre-award inspection of the Bidder’s facility may be made prior to award of Contract.

The CITY reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any BIDDER to perform the WORK and if, after investigation, the evidence of the BIDDER’S competency or financial ability is not satisfactory, the CITY reserves the right to reject the BIDDER’S Bid.

The project shall be constructed by a firm with the primary qualifying agent licensed as a Contractor pursuant to Florida Statute 489, and as defined in Paragraph 489.105, and shall have been employed full time by the construction firm for at least one year prior to this project’s bid date.

9. EXAMINATION OF BID DOCUMENTS AND SITE:

Pursuant to Article 4, General Conditions, Site of the Work, BIDDER must satisfy itself by personal and thorough examination of the location of the proposed WORK, Bid Documents, requirements of the WORK and the accuracy of the estimate of the quantities of the WORK to be done; and BIDDER shall not at any time after the submission of a Bid dispute or complain of such estimate nor the nature or amount of WORK to be done.

By submission of its Bid, BIDDER affirms that it has, at its own expense, made or obtained any additional examinations, investigations, explorations, tests, and studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise, prior to bidding which may affect cost, progress, or performance of the WORK and which BIDDER deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Bid Documents and/or BIDDER has satisfied itself with respect to such conditions and it shall make no claims against the CITY or the CONSULTANT if on carrying out the WORK it finds that the actual conditions do not conform to those indicated.

On request, the CITY will provide BIDDER access to the site to conduct such investigations and tests, as BIDDER deems necessary for submission of its Bid.

BIDDER shall schedule such access in advance with the CITY.

Upon completion of such additional field investigations and tests, BIDDER shall completely restore disturbed areas.

10. CONTRACT SECURITY/ INSURANCE: When required by the specification herein, the successful BIDDER shall furnish ALONG WITH THE EXECUTED CONSTRUCTION CONTRACT, a Performance and Payment bond, or other acceptable form of security in accordance with 255.05 Florida Statutes, and insurance certificates as stated on the cover page of this solicitation, on the CITY’s forms, within fifteen (15) calendar days after notification of INTENT TO AWARD

REV 7/9/2025 Page 14 of 152 Section 2-Instructions to BIDDERS contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the CITY would sustain due to BIDDER’s failure to furnish said bonds.

11. SIGNING OF CONTRACT: The Notice of Tentative Award will be presented to the SUCCESSFUL BIDDER, accompanied by the required number of unsigned counterparts of the Construction Contract with all other written Contract Documents attached. Within ten (10) calendar days thereafter, the SUCCESSFUL BIDDER shall sign and deliver the required number of counterparts of the Construction Contract and attached documents to CITY with the required bonds and insurance certificates. Within forty-five (45) calendar days thereafter, or as soon as otherwise practicable the CITY upon final award by the CITY Commission shall deliver one fully signed counterpart to the SUCCESSFUL BIDDER. Each counterpart is to be accompanied by a complete set of the Drawings.

12. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for one hundred twenty (120) days after the date of Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

13. MODIFICATION OF BIDS: Bids may be modified by an appropriate document duly executed (in the manner that the Bid must be executed) and delivered to the place where the Bids are to be submitted at any time prior to the solicitation closing date and time. The BIDDER must present certification to assure that they are indeed an authorized representative of the BIDDER’s firm at the time modification to the Bid is presented.

14. WITHDRAWAL OF BIDS All Bids shall be irrevocable unless the Bid is withdrawn as provided herein. All Bids may be withdrawn only by written communication delivered to the Purchasing Division prior to the solicitation closing date and time. The BIDDER must present certification to assure that they are indeed an authorized representative of the BIDDER’s firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid.

However, if, within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed written notice with the CITY and promptly thereafter demonstrates to the reasonable satisfaction of the CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid, and the Bid Security will be returned. The BIDDER must present certification to assure that the BIDDER is indeed an authorized representative of the BIDDER’S firm at the time such communication to withdraw the Bid is presented. A CITY representative shall verify this information prior to return of the Bid and Bid Security.

Thereafter, that BIDDER will be disqualified from further bidding on the WORK to be provided under the Bid Documents.

15. AWARD OF CONTRACT: The Commission reserves the right to accept any Bid or combination of Bid alternates, that in the City’s judgement shall best serve the City’s interest; to reject any and all Bids and waive any and all informalities, minor irregularities, (a variation from the terms and conditions of this solicitation that does not (1) affect the price of the Bid, (2) give the Bidder an unfair competitive advantage over other Bidders, or (3) adversely impact the interests of the City) to accept any item or group of items unless qualified by BIDDER; to acquire additional quantities at prices quoted on the Invitation to Bid unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids or counter-proposals. In addition, the Commission reserves the right to make a multiple award if it is in the best interest of the CITY.

Further, the CITY reserves the right to reject the Bid of any BIDDER if the CITY believes that it would not be in the best interest of the CITY to make an award to that BIDDER, whether because the Bid/Bidder is of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the CITY.

In evaluating Bids, the CITY shall consider the qualifications of the BIDDERS, whether or not the Bids comply with the prescribed requirements, alternate, unit prices and other data as requested on Bid Forms or prior to the Notice Of Tentative Award.

Time of Completion may also be an award evaluation factor. In addition, the CITY may require the apparent successful BIDDER to submit an itemized cost estimate breakdown for the submitted bid.

The CITY may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items or material, services, or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted.

The CITY may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the WORK when such data is required to be submitted prior to the Notice of Tentative Award.

The CITY may conduct such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the BIDDERS, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the CITY’s satisfaction within the prescribed time. The Commission reserves the right to reject the Bid of any BIDDER who does not pass any such evaluation to the CITY’s satisfaction.

The BIDDER whom staff intends to recommend for award may be required to submit a Schedule of Values

REV 7/9/2025 Page 15 of 152 Section 2-Instructions to BIDDERS priced in line item format including time frames (not dated) for staff to review prior to staff’s actual award recommendation being submitted to the CITY Commission. Staff shall review BIDDERS schedule for any inconsistencies. Should any inconsistencies be noted, they shall be brought to the attention of the intended awardee for adjustment. The award process shall not continue until the CITY accepts said schedule.

An unbalanced Schedule of Values may result in rejection of the bid as non-responsible. Failure to produce said Schedule of Values within four (4) business days of the CITY’s request may result in the bid being rejected as non-responsive.

The CITY reserves the right to reduce the quantities of WORK to be done and to completely eliminate any items of the WORK listed in the Bid Form in order that the WORK can be completed within the amount of available funds and/or…