City_of_Stuart_Water_Reclamation_Facility_Headworks_Rehab_-_Phase-2.pdf

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Attached to
City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2
Solicitation number
055002
Issued by
Martin County, Florida

About this file

This Invitation to Bid (ITB #055002) is issued by the City of Stuart, Florida for the reconstruction of the Water Reclamation Facility Headworks structure. The project encompasses demolition and salvage of recently installed features, removal of existing structural components, and reconstruction utilizing a combination of owner-furnished and contractor-furnished equipment and materials. Work includes headworks structure reconstruction, pre-engineered metal building installation, odor control duct and supports installation, electrical work, instrumentation, and startup and commissioning activities. A non-mandatory pre-bid meeting is scheduled for August 7, 2026 at 1:00 pm at the City of Stuart Public Works Annex. The deadline for submitting questions is August 14, 2026 at 5:00 pm, with responses due electronically by September 4, 2026 at 2:00 pm through the City's e-Procurement Portal. The contract requires substantial completion within 490 calendar days and final completion within 30 calendar days thereafter, with work to commence within 10 days of receiving the Notice to Proceed. Work hours are restricted to 7:00 am to 5:00 pm Monday through Friday, with no obstruction of travel lanes between 7:00-9:00 am and 4:00-6:00 pm without approval.

Pricing is submitted on a lump sum basis for ten line items including mobilization, demobilization, demolition and salvage, headworks reconstruction, building installation, duct work, electrical, instrumentation, and startup/commissioning. Bidders must submit a proposal guarantee equal to 10 percent of the total bid amount if the total exceeds $50,000, and the successful contractor must furnish payment and performance bonds equal to 100 percent of the contract value. Liquidated damages are assessed at $500 per day for the first 30 days of delay and $1,000 per day thereafter. The contractor is responsible for all labor, materials, equipment, permits, utilities, surveying, testing, and incidental costs required for project completion. Comprehensive insurance requirements include general liability with limits of $2,000,000 per occurrence and $10,000,000 aggregate, business auto liability of $1,000,000 per accident, and workers' compensation in accordance with Florida statutory requirements. Additional requirements include compliance with E-Verify employment eligibility verification, drug-free workplace certification, public entity crimes affidavit, Florida business registration, and appropriate state and local licensing.

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INVITATION TO BID

055002

CITY OF STUART WATER RECLAMATION FACILITY HEADWORKS

REHAB - PHASE-2

City of Stuart

121 SW Flagler Avenue

Stuart, FL 34994

RELEASE DATE: August 3, 2026

DEADLINE FOR QUESTIONS: August 14, 2026

RESPONSE DEADLINE: September 4, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Stuart

INVITATION TO BID

City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2

I. Advertisement II. Introduction

III. Instructions to Bidders IV. General Information V. Scope of Work

VI. Pricing Proposal VII. Vendor Questionnaire

Attachments:

A - Submittal 011.1_Section 06608_Final FRP Building Drawings_Submittal Review

Response

B - Submittal 011.1_Section 06608_Final FRP Building Drawings_Reviewed

C - CityofStuart_StuartWRFHeadworksReconstruction_BidSet-Drawings_July2026

D - Submittal 25_05190_Anchor Rod Dwgs_Submittal Review Response

E - Submittal 05190-25.0 Anchor Rod Drawing 10-20-25_Drawings

F - Submittal 24_Section 13122_Metal Building Drawings_Submittal Review

Response

G - Stuart_PLC1_&_PLC2_modifications

H - Stuart_PLC3_Admin Building

I - Stuart_PLC3_Modifications

J - Submittal #024_13122 Metal Building_ Permit Drawings 10-20-25_Drawings

K - Stuart_PLC4_Reclaimed & MCC-D

L - Stuart_PLC1_&_2_Electrical Building

M - CityofStuart_StuartWRFHeadworksReconstruction_BidSet-Specs_July2026

Invitation To Bid #055002 Title: City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2

N - Stuart_WRF Headworks Rehab_Phase I_ReBid Set_Specifications_March2024

O - Stuart_WRF Headworks Rehab_Phase I_ReBid Set_Drawings_March24

P - Wastewater Treatment Plant Improvements Jan 92

1. Advertisement

CITY OF STUART

055002

City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2

Advertisement

The City encourages E-Bidding through OpenGov Procurement at https://procurement.opengov.com/portal/stuartfl. City of Stuart Water Reclamation Facility Headworks

Rehab - Phase-2 will be received by the City of Stuart at the Procurement Office, 301 SE Ocean Blvd., Suite 303, Stuart, Florida, 34994, until Friday, September 4, 2026 at 2:00 pm.

A Non-Mandatory pre bid meeting will be held at City of Stuart Public Works Annex conference room at

1:00 pm, Friday, August 7, 2026.

If submitting a hard copy, please submit an original, two (2) copies and one (1) electronic copy (PDF format preferred) on a flash drive. It must be submitted in sealed envelopes/packages addressed to

Purchasing Division, City of Stuart, and marked “055002, City of Stuart Water Reclamation Facility

Headworks Rehab - Phase-2. Submittals received after that date and time will not be accepted or considered and will be retained in the Procurement Office unopened

A complete bid package can be obtained by contacting the Procurement Office at 772-288-5320, purchasing@ci.stuart.fl.us or from OpenGov Procurement at https://procurement.opengov.com/portal/stuartfl or by calling (800) 711-1712. The City of Stuart is not responsible for the content of any bid package received through any 3rd party bid service or any source.

Mail/Overnight/Hand Deliver Submittal Responses to:

Procurement Office

301 SE Ocean Blvd., Suite 303

Stuart, Florida 34994

Mark outside of envelope: 055002, City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2

Published: Monday, August 3, 2026 https://procurement.opengov.com/portal/stuartfl mailto:purchasing@ci.stuart.fl.us https://procurement.opengov.com/portal/stuartfl

2. Introduction

2.1. Summary

The Work consists of reconstruction of the City of Stuart Water Reclamation Facility headworks structure. The reconstruction activities include removal and salvage of recently installed features, demolition of existing structural components, and then reconstruction with a combination of Owner furnished equipment and

Contractor furnished equipment and materials.

2.2. Background

The current state of existing Headworks structure includes work partially complete by a project titled: Water

Reclamation Facility Rehabilitation Phase 1 Design, dated March 2024, by Carollo Engineers. This project was advertised and a contract was awarded to a construction contractor and the work performed over the period from

September 2024 to mid 2026. Due to the condition of the existing flume concrete walls and slab, the City requires portions of the headworks structure be reconstructed with new materials rather than repaired as previously designed. This was based on the condition assessment performed after the temporary bypass was commissioned.

The contract for the Water Reclamation Facility Rehabilitation Phase 1 was ended and this new scope of work prepared. The status of partially completed work from the above referenced design documents is described within the Summary of Work section and new work is identified. The intent is to restore the headworks to operable condition in a timely manner.

2.3. Contact Information

Marc Rogolino

U&E Project Manager

121 SW Flagler Ave.

Stuart, FL 34994

Email: mrogolino@stuartfl.gov

Phone: (772) 221-4700

Department:

Utilities and Engineering

2.4. Timeline

Release Project Date August 3, 2026

Pre-Proposal Meeting (Non-Mandatory) August 7, 2026, 1:00pm

City of Stuart Public Works Annex conference room

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

Proposal Submission Deadline September 4, 2026, 2:00pm mailto:mrogolino@stuartfl.gov tel:(772)221-4700

3. Instructions to Bidders

3.1. Submittal

Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification.

The City of Stuart is registered with OpenGov Procurement, you may submit your bid electronically by registering on the City's e-Procurement Portal https://procurement.opengov.com/portal/stuartfl.

Otherwise, all bids must be submitted in a sealed envelope plainly marked on the outside with the invitation to bid number, date and time of opening.

If not submitting electronically then an original, two (2) copies and one (1) electronic copy (PDF format preferred) on a flash drive must be submitted in sealed envelopes/packages addressed to

Purchasing Division, City of Stuart by the due date and time. Submittals received after that date and time will not be accepted or considered and will be retained in the Procurement Office unopened.

It is the bidder’s responsibility to assure that Bids are received in the City of Stuart Procurement Office, 301 SE Ocean Blvd., Suite 303 Stuart, Florida 34994, not later than 2:00 pm, on the day and date shown above. Any received after this date and time will not be accepted or considered and will be returned unopened to the bidder. No telegraphic or facsimile offers will be considered.

3.2. City Representative

Bidders are requested not to contact the City Commission, requesting/evaluating Departments or

Divisions from the time of the issuance of the solicitation or advertisement until such time as the agency provides notice of an intended decision or until thirty (30) days after opening ‘the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions will be answered through the

Procurement Division.

Anthony Cooling

Budget & Procurement Manager acooling@stuartfl.gov

(772) 288-5321

3.3. Bid Opening

Bids will be opened and read aloud via Zoom you may join by logging into:

3.4. Withdrawal of Bids

Bids may not be withdrawn for a period of 30 days after the public opening date.

3.5. Protest

Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in accordance with section 20 of the Procurement Manual, which can be found on the City of Stuart webpage.

3.6. Questions and Answers

The City will not respond to oral inquiries. Bidders shall submit all inquiries regarding this bid via the

City’s e-Procurement Portal, located at https://secure.procurenow.com/portal/stuartfl. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City’s e-Procurement

Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

All proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the

City prior to opening of the proposals.

Respondents may not contact any, City employee or City elected official during this solicitation process.

All questions or requests for clarification must be routed through the e-procurement portal.

3.7. Addenda

https://procurement.opengov.com/portal/stuartflo register for an account via the City’s e-Procurement

Portal hosted by OpenGov Procurement. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/stuartfl.

3.8. Delivery

Product delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default.

Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B.

Destination.

3.9. Right to Reject

The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City.

3.10. Miscellaneous

https://procurement.opengov.com/portal/stuartflthe terms and conditions of this solicitation.

Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed.

All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation.

The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitations.

Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder.

Bids may be received up to but not later than Friday, September 4, 2026 at 2:00 pm via the City’s e-

Procurement Portal located at https://secure.procurenow.com/portal/stuartfl. The City’s e-Procurement

Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Stuart strongly recommends completing your response well ahead of the deadline.

Failure to comply with these instructions may result in disqualification of your bid.

4. General Information

4.1. Delays

The City may delay scheduled due dates, if it is to the advantage of the City to do so. The City will notify bidders of all changes in scheduled due dates by written addenda submitted to the City.

4.2. Qualification Submission and Withdrawal

The City will receive all proposals at the following addresses:

The City prefers electronic submission of bids and proposals. Please submit electronic responses via the

City e-Procurement Portal https://procurement.opengov.com/portal/stuartfl. By way of the e-

Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

If you would like to submit a paper copy please submit at the following address:

Stuart City Hall

Procurement Office

301 SE Ocean Blvd., Suite 303

Stuart, Florida 34994

To facilitate processing, please mark the outside of the envelope as follows: 055002 “City of Stuart

Water Reclamation Facility Headworks Rehab - Phase-2” The envelope shall also include the bidder's return address.

If not submitting electronically, respondents must submit one (1) original and two (2) copies of the proposal submittal with each marked "COPY", and one (1) electronic copy (PDF format preferred) on a flash drive in a sealed envelope marked as noted above. A bidder may submit the proposal by personal delivery, mail, or express shipping service.

THE CITY MUST RECEIVE ALL BIDS BY

2:00 pm ON Friday, September 4, 2026

Due to the irregularity of mail service, the City cautions bidders to assure actual delivery of mailed or hand-delivered proposals directly to the City's Procurement Office, as specified above, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 288-5320, before proposal closing time. A proposal received by the City

Procurement Office after the established deadline will be retained unopened.

Bidders may withdraw their proposal submissions by notifying the City in writing at any time prior to the deadline for proposal submittal. Bidders may withdraw their submissions in person or by an authorized representative. Bidders and authorized representatives must provide the letter of withdrawal, picture identification, proof of authorization (in the case of authorized representatives) and provide the City with a signed receipt for the withdrawn proposal. After the deadline, proposals once opened, become a public record of the City and are subject to the provisions of the Florida Public Records Law. As such they are subject to public disclosure in accordance with Chapter 119, Florida Statutes.

4.3. Addenda

https://procurement.opengov.com/portal/stuartfl register for an account via the City’s e-Procurement

Portal hosted by ProcureNow. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/stuartfl

4.4. Equal Opportunity

The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises.

4.5. Insurance

Proof of the following insurance will be furnished by the successful bidder by certificate of insurance, which name the City of Stuart its offices, board members, employees, and agents as additional insured on general liability & automobile liability insurance policies. The policies must be specifically endorsed to grant the City the same notification rights that it provides to the first named insured as respects cancellation and nonrenewal. The City by and through risk management department and in cooperation with the contracting department, reserves the rights to review, modify reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an AM Best rating of at least A-VII or better.

When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not obligation, to review and request or audited financial statement.

All contractors, including any independent contractors and subcontractors utilized must comply with the following insurance requirements:

Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the professional and/or subcontractor providing such insurance.

Workers’ Compensation: with limits equal to Florida statutory requirements. Employers’ liability must include limits of at least $100,000 each accident, $100,000 each disease/employee, $500,000 each disease/maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under federal workers compensation statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine act), proof of appropriate federal act coverage must be provided.

If the contractor maintains higher limits than the minimums shown above, the City of Stuart requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City’s Risk Management department.

Commercial General Liability: insurance, Occurrence Form – ISO CG 0001 or equivalent, including

Contractual Liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

A. Each occurrence $2,000,000

B. Personal/advertising injury $1,000,000

C. Products/completed operations aggregate $3,000,000

D. General aggregate $10,000,00

E. Fire damage $100,000 Any 1 fire

F. Medical expense $10,000 Any 1 person

An additional insured endorsement must be attached to the certificate of insurance and must include coverage for completed operations (ISO forms CG2010 & CG2037) under the General Liability policy.

Products & Completed Operations coverage to be provided for a minimum of 10 years date of possession by owner or completion of contract. Coverage is to be written on an occurrence form basis and shall apply as primary and non-contributory. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation is to be provided in favor of the City of Stuart. Policy shall contain no exclusion for third party action-over claims

(injury to subcontract workers). If applicable, there shall be no exclusion for EIFS. Coverage should extend to independent contractors and fellow employees. Contractual liability is to be included. Any cross-liability exclusion should not extend to Additional Insured’s.

Any subcontractors or independent contractors utilized must list the City of Stuart as additional insured including completed operations (ISO Forms CG 2038 & CG 2037).

Business Auto Liability: Must cover any auto (all owned, hired, and non-owned autos) with limits of not less than $1,000,000 per accident. In the event bidder does not own any automobiles, the City of Stuart will accept proof of hired and non-owned auto liability only. Certificate holder must be listed as additional insured. A waiver of subrogation must be provided. Coverage should apply on a primary basis.

Insurance Requirements:– Fifteen (15) days prior to the commencement of any Work under the

Contract Documents, a certificate of insurance shall be provided to the City of Stuart for review and approval. The certificate shall provide that: (a) City of Stuart as Owner and named as an additional insured on the commercial general liability, auto liability, and Contractor’s Builders’ Risk “All Risk” insurance policies; (b) the Contractor’s insurance coverage shall be primary; and (c) City of Stuart as

Owner and will be given thirty (30) days’ notice prior to cancellation or modification of any required insurance and such notice shall be in writing by registered mail, return receipt requested and addressed to the City of Stuart. The Contractor shall be responsible to ensure that all subcontractors comply with all insurance requirements of the Contract Documents.

All coverage shall be maintained without interruption from the date of commencement of the Work and remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07 of the General

Conditions. In addition, with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, such insurance shall remain in effect for at least two years after final payment. Contractor shall furnish Owner and Engineer with evidence satisfactory to Owner of the continuation of such insurance at final payment and again one year thereafter, so that Owner is assured of such continuing coverage.

All insurers must be authorized to do business in Florida and have a Best Key Rating of A- VII.

Certificates of Insurance: The Proposer, upon notice of award, will furnish Certificate of Insurance

Forms. These shall be completed by the authorized Resident Agent and returned to the Purchasing

Office. This certificate shall be dated and show:

A. The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date.

B. Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.

C. The City of Stuart and Consultant is to be specifically included as an ADDITIONAL INSURED on

General Liability Insurance, Business Automobile Liability Insurance, and Contractor’s Builders

Risk “All Risk” insurance policies.

D. The City of Stuart shall be named as Certificate Holder. Please Note that the Certificate Holder should read as follows:

1. City of Stuart 121S.W. Flagler Avenue Stuart, FL 34994

E. No City Division, Department, or individual name should appear on the certificate. NO OTHER

FORMAT WILL BE ACCEPTABLE.

F. The “Acord” certification of insurance form should be used.

4.6. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit proposals or contract with the City for construction of a public building or public works; may not submit bids for 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 for in s. 287 for CATEGORY TWO for a period of 36 months from the date being placed on the convicted vendor list. Questions regarding this statement should be directed to the State of Florida, Bureau of

State Procurement (850) 488-8440.

4.7. Suspended Vendor

http://dms.myflorida.com/business_operations/state_purchasing/vendor_information or List will not be considered for award. The Suspended Vendor List is available on the State’s website at:

http://dms.myflorida.com/business_operations/state_purchasing/vendor_information http://dms.myflorida.com/business_operations/state_purchasing/vendor_information

4.8. Assignment & Subcontracting

The successful bidder will not be permitted to assign its contract with the City without obtaining prior written approval of the City of Stuart. If a vendor subcontracts any portion of a contract for any reason, the bidder must include, in writing the name and address of the Subcontractor. Name of the person to be contacted, include telephone number and extent of work to be performed. This information is to be submitted with bid response. If vendor should need to change subcontractor information, changes are subject to the approval by the City. The City reserves the right to reject a proposal of any bidder if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award.

4.9. Public Records

Bids become “public records” and shall be subject to public disclosure consistent with Chapter 119.07

Florida Statutes. Document files may be examined, during normal working hours by appointment.

Requested information in this ITB will not be considered confidential and/or proprietary.

PUBLIC RECORDS LAW: Public Records Relating to Compliance, Request for Records; Noncompliance, &

Civil Action

Note: If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this contract, contact the office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at cityclerk@ci.stuart.fl.us, City of Stuart, City Clerk 121 SW Flagler Avenue, Stuart, Fl. 34994 per F.S. 119.12.

In compliance with F.S. 119.0701 the Contractor shall:

A. Keep and maintain public records required by the public agency to perform the service.

B. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the mailto:PublicRecordsRequest@ci.stuart.fl.us contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.

If a contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract.

A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F.S. 119.10.

If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if:

A. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and

B. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor.

A notice complies with subparagraph 2 above, if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.

A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement.

4.10. Business Registration

Bidders seeking to do business with Martin County (that fall under the categories listed below) shall, before award of contract, be registered, or shall have applied for registration, with the Florida

Department of State, Division of Corporations in accordance with the provisions of Chapter 607 and/or

620, Florida Statutes (https://dos.myflorida.com/sunbiz/): • Corporations [foreign or domestic]

• Limited Liability Companies (LLC)

• Non-profits https://dos.myflorida.com/sunbiz/)

• Partnerships

Doing Business As [DBA] - If the Bidder’s name stands apart from the owner’s or partners’ personal legal name, or the officially registered name of an LLC or corporation, the Bidder, before award of contract, shall be registered as a fictitious name with the Florida Division of Corporations in accordance with the provisions of Chapter 865, Florida Statutes. The above requirements are also applicable to all subcontractors proposed in the bid submittal.

4.11. Licenses

Bidders shall, at the time of submitting a bid in response to this solicitation, be licensed by the appropriate federal, state and local regulatory agencies as it relates to Bidders’ profession or business.

Bidder shall provide proof of certification and/or registration as a Contractor by the State of Florida applicable to the work required in the solicitation.

The above requirements are also applicable to all subcontractors proposed in the bid submittal.

4.12. Business Tax Receipt

Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the bid.

4.13. Other Governmental Entities

When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms, conditions, and prices of the bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity.

4.14. Contract Amendment

The City reserves the right to delete, add or revise locations under this proposal at any time during the contract term when and where deemed necessary. If any locations are added or deleted from the contract, the rate quoted shall be used to determine the adjusted contract price.

4.15. Non Exclusive Contract

CONTRACTOR agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option.

4.16. Estimated Quantities

It shall be understood and agreed that quantities designated herein are estimated only and may be increased or decreased in accordance with the actual requirements of the City. The City may require modifications and changes to this contract, as it relates to quantities, areas, frequency of services and specified services. The Contractor shall provide the City with the cost for such additional services. All rates shall be in accordance with the unit cost structure submitted by the contractor and accepted by the City.

4.17. Default

In the event that the Contractor cannot respond adequately to the needs of the City by reason of equipment failure or any other reason, the Contractor shall advise the City, as soon as possible, and further advise as to the length of said inability. The City may then consider said inability to be a breach of this Contract and may undertake the necessary work through its own services or those of another

Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract.

4.18. Background Information

As part of the evaluation process, the City reserves the right, to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the qualifications and abilities of the Bidder, including past performance (experience) with the

City by the Bidder or any of their Owners.

4.19. Competency of Respondents

Proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this ITB and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. 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.

4.20. Extra Work

The City may, at any time by a written order and without notice to the sureties, require the performance of such extra work as it may find necessary or desirable arising out of the modification of the specification or plans. An order for extra work shall be valid only by an executed change order. All work so ordered must be performed by the Contractor. The amount of compensation to be paid to the

Contractor for any work so ordered shall be determined as follows:

A. By such applicable unit prices, if any, as are set forth in the contract; or

B. If no such unit prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the City and the Contractor; or

C. If no such unit prices are so set forth in the contract and if the parties cannot agree upon a lump sum or other unit prices, then by the actual net cost in money to the Contractor of the extra work performed and the cost shall be determined as follows:

1) For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon, to which shall be added an amount equal to 15 per cent of the sum thereof which shall be considered and accepted as full compensation for general supervision and the furnishing of small tools and miscellaneous equipment used, such as picks, shovels, hand pumps, and similar items.

2) For all materials used, the Contractor shall receive the actual cost of such materials delivered at he site and previously approved delivery point as established by original receipted bills. No percentage shall be added to this cost.

3) For special equipment and machinery such as power-driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economic performance of the authorized work, the

Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. No percentage shall be added to this sum.

4) The Contractor's profit shall be computed by taking 10% of the sum of Items 1 and 2. The total cost of performing this extra work shall be the sum of Items 1, 2, 3, and 4.

Records of extra work done, if any, shall be reviewed at the end of each day by the Contractor or his representative and the Engineer, duplicate copies of accepted records made and signed by both the

Contractor or his representative and the Engineer, and one copy retained by each.

Claim for payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills.

Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless the same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed.

4.21. Bond Guarantee

A proposal guarantee must be submitted with the proposal, if the total amount proposed exceeds

$50,000. The bond shall be in an amount equal to ten percent (10%) of the total amount. The guarantee may be in the form of a Surety Bond with a carrier duly licensed and authorized to do business in the State of Florida, a Cashier's Check or a Certified Check (checks made payable to The City of Stuart). Purpose of the proposal guarantee is to assure the apparent low, responsive and responsible bidder will enter into a contract to provide the described services. Should the bidder not enter into a contract the proposal guarantee shall be retained by the City to defray the additional costs of either awarding to the second low, responsive and responsible bidder or re-advertise and re-solicit the project.

*If e-bidding, bidder shall upload a copy of the bond to OpenGov Procurement (Procurement Portal

(opengov.com). Failure to provide bid bond may deem the bid non-responsive.

4.22. Payment & Performance Bonds

The successful bidder, when awarded a contract, will be required to furnish payment and performance bonds with a carrier duly licensed and authorized to do business in the State of Florida, equal to one hundred percent (100%) of the total amount of the contract to assure faithful performance and timely payments to all persons providing labor, materials or supplies used in the performance of the work.

4.23. Permits

The Contractor is responsible for applying for and obtaining any and all required building, demolition or excavation permits required by any municipality or county having jurisdiction over the conduct of the work being pursued (to include the City of Stuart and Martin County). The Contractor should take every precaution that he is aware of the cost of all required permit fees and should include those costs in his bid in the appropriate item. The City of Stuart has received a FDOT permit for Landscape, Irrigation and hardscape, however the construction is contingent on maintenance agreement approval from FDOT.

4.24. Liquidated Damages

The Contractor shall pay to the party of the first part, as damages for non-completion of the work within the time stipulated for its completion, one hundred dollars ($100.00) for each and every day for the first thirty (30) days and five hundred dollars ($500.00) for each and every day thereafter, which may exceed the stipulated time for its completion, is hereby agreed upon, fixed and determined by the parties hereto as liquidated damages that the party of the first part will suffer by reason of such default and not by way of penalty.

The party of the first part is hereby authorized to deduct the said sum (as specified above) from the moneys which may be due or become due said Contractor for the work under this contract, or as much thereof as the Owner may, at its own option, deem just and reasonable.

4.25. Suspension of Work Due to Weather

During inclement weather, all work which might be damaged or rendered inferior by such weather conditions shall be suspended. The orders and decisions of the Public Works Director as to suspension shall be final and binding. During the suspension of the work for any cause, it must be suitably covered and protected so as to preserve it from injury by the weather or otherwise. If the Public Works Director shall so direct, the rubbish and surplus material shall be removed.

The Contractor shall not be entitled to any extension of time for delays resulting from weather unless the Contractor has requested, in writing, to the City by 11 am the day of the weather delay. If the Owner or Public Work Director orders the suspension of work due to inclement weather, the Contractor shall receive an extension of time for the full period when such suspension is in effect until the suspension is lifted by the Owner.

5. Scope of Work

5.1. City of Stuart Water Reclamation Facility Headworks Rehab - Phase-2

A. The Work consists of reconstruction of the City of Stuart Water Reclamation Facility headworks structure. The reconstruction activities include removal and salvage of recently installed features, demolition of existing structural components, and then reconstruction with a combination of Owner furnished equipment and Contractor furnished equipment and materials. A summary of key items is described in the following paragraphs.

B. The current state of existing Headworks structure includes work partially complete by a project titled: Water Reclamation Facility Rehabilitation Phase 1 Design, dated

March 2024, by Carollo Engineers. This project was advertised and a contract was awarded to a construction contractor and the work performed over the period from

September 2024 to mid 2026. Due to the condition of the existing flume concrete walls and slab, the City requires portions of the headworks structure be reconstructed with new materials rather than repaired as previously designed. This was based on the condition assessment performed after the temporary bypass was commissioned. The contract for the Water Reclamation Facility Rehabilitation

Phase 1 was ended and this new scope of work prepared. The status of partially completed work from the above referenced design documents is as follows:

1. The work depicted on the demolition drawings for removal of the existing structure and duct work was completed.

2. The work depicted on the civil drawings for the headworks bypass piping and flow meter was completed and the bypass remains in service until the headworks reconstruction activities are complete. During construction of the original bypass depicted on drawing C01, additional bypass piping was installed to provide return activated sludge (RAS) from the existing RAS pumps. To accomplish the RAS bypass, a fitting was removed at grade and

10-inch PVC was extended from a point south of existing clarifier 3 to the above ground portion of the bypass indicated on drawing C01 prior to the tie-in to existing aeration basin 2. Approximately 120 feet of 10-inch piping was installed and the connection made with a tapping sleeve. Following commissioning of the reconstructed headworks, Contractor shall disconnect the bypass piping and move to a location onsite to be stored for potential future use.

3. The work depicted on the structural drawings is in a partial state of completion:

a. The pre-engineered metal canopy and columns were furnished and installed.

b. Provisions for duct supports in the pre-engineered metal canopy manufacturer’s design drawings were provided. Duct work shown on the drawings from column line 1 towards the flumes was furnished but not installed.

c. Gate re-attachment was deemed not feasible and not completed. New gates shall be provided when the concrete walls and top slab are reconstructed.

d. Coring of the top slab for odor duct was not performed.

e. Cutting holes in the existing aluminum plate was not performed.

f. Aluminum gutter and downspouts were installed.

g. The perimeter concrete curb and associated weep holes to support the guardrail was not installed. The guardrail was installed, mounted directly to the top slab, for interim safety purposes.

h. Structural repairs per the numerous typical details were not performed as the concrete was determined to have corroded too significantly to warrant repairs

4. The work depicted on the mechanical drawings is in a partial state of completion:

a. The duct work was furnished but only sections from the odor scrubber to column line 1, east of the flume structure, were installed.

b. The FRP enclosure for the screen was furnished and installed.

c. Aluminum checker plate modifications were not completed.

d. Coring of concrete for odor drop legs was not completed.

e. The odor control modifications described in Section 11395A, except for replacement of media, was performed, started up, and commissioned.

The City is maintaining the equipment in place. The replacement media was furnished to the City and is being stored. Installation of the media will be coordinated by the City in a separate project.

f. The piping for the wastewater influent line and re-installation of the existing flow meter was completed.

5. The work depicted on the electrical drawings is in a partial state of completion:

a. The grounding for the lightning protection system was not completed.

b. The lighting plan features were not constructed.

c. The receptacle plan features were not constructed.

d. The temporary strap on flow meters were furnished, installed, and commissioned and remain in service.

e. The bar screen control panel and wiring was temporarily supported prior to the removal of the existing structure.

C. Design drawings were developed for the demolition and reconstruction of the upper walls and top slab of the structure. Demolition shall include structural, electrical, and mechanical components noted on the drawings, in addition to demolition and salvage of the items noted above that are partially complete and to be re-installed.

Reconstruction shall include reinforced concrete walls and slab, slide gates, and aluminum checker plate. Following structural reconstruction, the work originally depicted that was either partially completed or not completed, shall be provided as designed in the referenced 2024 specifications and drawings.

5.2. START OF WORK AND TIME FOR COMPLETION

It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this contract. By submitting a proposal response, successful respondent agrees to start the work within ten (10) days of issuance of Notice to Proceed. All performance of the

Contract Work shall be completed as follows: substantial completion within four hundred ninety (490) calendar days, final completion within thirty (30) calendar days from substantial completion.

Commencement of the Contract Work by the Contractor shall be deemed a waiver of the NTP and shall constitute the date of commencement for the purpose of the completion deadline.

Substantial Completion: The work shall be considered substantially complete when the headworks structure is commissioned following its return to service.

Final Completion: The work shall be considered finally complete when all identified work, including punch list comments, has been completed.

5.3. SITE INSPECTION

A. It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities.

B. The contractor is to verify to his own satisfaction the figures appearing in these specifications. After award, no extra charge or compensation will be allowed by the City as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor.

5.4. INSPECTION AND DIRECTION

The work will be conducted under the general direction of the Utilities & Engineering Dept. Director or designee, and is subject to inspection to insure compliance with the terms of the bid. The Utilities &

Engineering Dept. Director or designee will make final inspection of the work covered by this contract when it is completed and finished in all respect in accordance with specifications and must be approved before payment is made. The contractor will notify the City upon completion of replacement, repair or maintenance and the City agrees to provide inspection of the reported work within two (2) working days following the report of work completion. Any work found to be unsatisfactory by the City shall be reported to the contractor within that same period. The contractor agrees to finish all work to the satisfaction of the City, at no additional cost, prior to receiving payment for such work.

5.5. INVOICING AND PAYMENT

The City requires a firm price for each contract period. Invoices will be checked to confirm compliance with quoted pricing. Failure to hold prices firm through each contract term will be grounds for contract termination. Payment will be made upon completion and acceptance of the work, net 30 days.

5.6. BUSINESS OPERATIONS

A. Hours of Operation: Unless otherwise directed by the Utilities & Engineering Dept. Director; or his designee, the successful Contractor(s) shall insure that the following schedule is adhered to and services as required must be scheduled to insure that all work occurs between the hours of 7:00 AM and 5:00

PM; All work performed outside of hours of operation must be approved in advanced by an authorized representative of the City.

B. Inclement Weather Conditions: Upon approval by the Utilities & Engineering Dept. Director or designee, the Contractor may cease operations of services during inclement weather conditions.

C. Observed Holidays New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor

Day, Veteran's Day, Thanksgiving Day & Day After, Christmas Eve & Day.

5.7. PUBLIC SAFETY AND CONVENIENCE

In the Contractor’s use of streets and parking lots for the work to be done under these specifications, he/she shall conform to all Municipal, County, State and federal laws and regulations as applicable. The

Contractor shall at all times so conduct his/her work so as to ensure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages of work, and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property, in a manner satisfactory to the Utilities & Engineering

Dept. Director or appointed designee. There shall be no obstruction of the travel…

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