INVITATION FOR BIDS

NW 39TH AVE. WASTEWATER FORCE-MAIN UPGRADE

IFB NO. 12-03-26-10

PROCUREMENT DIVISION

4800 WEST COPANS ROAD, COCONUT CREEK, FLORIDA 33063

EBID SYSTEM: https://coconutcreek.ionwave.gov

CITY OF COCONUT CREEK

NW 39TH AVE. WASTEWATER FORCE-MAIN UPGRADE

IFB NO. 12-03-26-10

TABLE OF CONTENTS

TITLE PAGE

Legal Notice/Invitation for Bids ........................................................................................... A-1

Section B: Instructions to Bidders:

1. Format ..................................................................................................................... Page 1

2. Point of Contact ....................................................................................................... Page 1

3. Schedule of Events ................................................................................................. Page 1

4. General Description of the Project .......................................................................... Page 1

5. Definitions ............................................................................................................... Page 2

6. Cone of Silence ....................................................................................................... Page 2-3

7. Pre-Bid Conference … ............................................................................................ Page 3

8. Document Interpretation .......................................................................................... Page 4

9. Bidder’s Understanding ........................................................................................... Page 4

10. Qualification of Contractors ..................................................................................... Page 4

11. Licenses .................................................................................................................. Page 5

12. Legal Requirements ................................................................................................ Page 5

13. Addendum ............................................................................................................... Page 5

14. Drawings ................................................................................................................. Page 5

15. Plans for Construction ............................................................................................. Page 5

16. Type of Bid .............................................................................................................. Page 5

17. Changes in Quantities ............................................................................................. Page 6

18. Quantities in Bid Approximate Only ......................................................................... Page 6

19. State and Local Sales and Use Taxes .................................................................... Page 6

20. Bids Firm for Acceptance ........................................................................................ Page 6

21. Bid Security ............................................................................................................. Page 6

22. Return of Bid Security ............................................................................................. Page 6

23. Performance and Payment Bonds .......................................................................... Page 7

24. Cancellation for Unappropriated Funds ................................................................... Page 7

25. Project Records ....................................................................................................... Page 7

26. Solid Waste Collection Services – City’s Franchise Agreement ............................. Page 7

27. Sworn Statement - Public Entity Crimes ................................................................. Page 8

28. Drug-Free Workplace Programs/ Scrutinized Companies ...................................... Page 8

29. Condition Emergency Hurricane ............................................................................. Page 8

30. Remedies ................................................................................................................ Page 9

31. Gratuities and Kickbacks ......................................................................................... Page 9

32. Audit Rights ............................................................................................................. Page 9

33. Uncontrollable Circumstances (“Force Majeure”) .................................................... Page 9

34. Public Entity Crimes Statement ............................................................................... Page 10

35. Foreign Gifts and Contracts .................................................................................... Page 10

36. E-Verify Requirements ............................................................................................ Page 10

37. Debarred or Suspended Bidders ............................................................................. Page 11

38. Time of Completion ................................................................................................. Page 11

39. Confidential and/or Proprietary Information ............................................................. Page 11

40. Trade Secrets and Proprietary Confidential Business Information .......................... Page 11

41. Request for Approved Equals ................................................................................. Page 11

42. Modification and Withdrawal of Bid ......................................................................... Page 12

43. Preparation of Bids .................................................................................................. Page 12

44. Bid Submission ....................................................................................................... Page 13

45. Basis of Award ........................................................................................................ Page 13

46. Award of Contract.................................................................................................... Page 13

47. Execution of Contract .............................................................................................. Page 14

48. Failure to Execute Contract and Furnish Bond ....................................................... Page 14

49. Bid Protest Process ................................................................................................. Page 14

50. Antitrust Violations; Denial or Revocation under Section 287.137, Florida StatutesPage 15

51. Environmental/Social Activism under Section 287.05701, Florida Statutes ............ Page 15

Section C: General Terms and Conditions

ARTICLE 1 PRELIMINARY MATTERS .......................................................................... Page 16

1.1 Contractor's Pre-Start Representative ......................................................... Page 16

1.2 Pre-construction Conference and Project Schedule .................................... Page 16

1.3 Rejection of Subcontractor .......................................................................... Page 16

ARTICLE 2 CORRELATION, INTERPRETATION AND

INTENT OF CONTRACT DOCUMENTS .................................................... Page 16-17

ARTICLE 3 SUBSURFACE CONDITIONS, REFERENCE POINTS .............................. Page 17

3.1 Subsurface Conditions ................................................................................ Page 17

3.2 Differing Site Conditions .............................................................................. Page 18

ARTICLE 4 INSURANCE REQUIREMENTS ................................................................. Page 18

4.1 Workers' Compensation .............................................................................. Page 18

4.2 General Liability ........................................................................................... Page 19

4.3 Automobile Liability ...................................................................................... Page 19

4.4 Information Security/Cyber Liability Insurance ............................................ Page 19

4.5 Professional Liability/Errors and Omissions Coverage ................................ Page 19

4.6 Builder’s Risk Insurance .............................................................................. Page 19

4.7 Environmental Liability/ Pollution Remediation and Legal Liability .............. Page 20

4.8 General ........................................................................................................ Page 20

4.9 Insurance Company and Agent ................................................................... Page 21

4.10 Safety .......................................................................................................... Page 21

4.11 Occupational Health and Safety .................................................................. Page 21

ARTICLE 5 CONTRACTOR'S RESPONSIBILITIES ...................................................... Page 22

5.1 Supervision and Superintendence ............................................................... Page 22

5.2 Labor, Materials and Equipment .................................................................. Page 22

5.3 Contractor Furnishes All Materials .............................................................. Page 22

5.4 Installation Instructions ................................................................................ Page 22

5.5 Contractor Responsibilities .......................................................................... Page 22

5.6 Subcontractors Terms ................................................................................. Page 23

5.7 Permits ........................................................................................................ Page 23

5.8 Electric Power and Lighting ......................................................................... Page 23

5.9 Taxes ........................................................................................................... Page 23

5.10 Record Drawings ......................................................................................... Page 23

5.11 Cleaning Up Site .......................................................................................... Page 23

5.12 Cleaning Up General ................................................................................... Page 23

5.13 Waste Removal Services ............................................................................ Page 23

5.14 Public Convenience and Safety ................................................................... Page 24

5.15 Sanitary Provisions ...................................................................................... Page 24

5.16 Work in Street, Highway and

Other Rights-of-Way .................................................................................... Page 24

5.17 Hurricane Precautions ................................................................................. Page 24

5.18 Value Engineering ....................................................................................... Page 25

5.19 Public Records ............................................................................................ Page 25-26

ARTICLE 6 CHANGES IN THE WORK .......................................................................... Page 26-27

ARTICLE 7 TIME FOR COMPLETION, LIQUIDATED

DAMAGES AND CHANGE OF CONTRACT TIME ..................................... Page 28-29

ARTICLE 8 GUARANTEE .............................................................................................. Page 29

ARTICLE 9 PAYMENTS AND COMPLETION ............................................................... Page 30

9.1 Payments to Contractor ............................................................................... Page 30

9.2 Retainage Release ...................................................................................... Page 31

9.3 City’s Right to Withhold Payment ................................................................ Page 31

9.4 Waiver of Liens ............................................................................................ Page 31

9.5 Contractor’s Warranty of Title ...................................................................... Page 31-32

9.6 Labor Harmony ............................................................................................ Page 32

9.7 Third Party Beneficiaries ............................................................................. Page 32

9.8 Agreement Subject to Funding .................................................................... Page 32

9.9 Remedies……. ............................................................................................ Page 32

9.10 Disentanglement .......................................................................................... Page 32

9.11 Prohibited Telecommunication Equipment .................................................. Page 33

9.12 Severability; Waiver of Provisions ............................................................... Page 33

9.13 Data Management; Data Security Standards .............................................. Page 33

9.14 Waiver of Jury Trial ...................................................................................... Page 33

9.15 Discriminatory Vendor List ........................................................................... Page 34

ARTICLE 10 CONTRACT TERMINATION ....................................................................... Page 34

10.1 City's Right to Terminate Contract - Cause ................................................. Page 34-35

10.2 Contractor's Right to Terminate Contract - Convenience ............................ Page 35

Section D: Special Conditions and Supplementary Conditions ..................................... Page 36-40 Required Forms: ........................................................................................................ …..Page 41-42 Section E: Bid Sheets and Bid Schedule ...................................................................... Page 43-53 Section F: Bid Bond ...................................................................................................... Page 54-55 Section G: Non-Collusive Affidavit ................................................................................ Page 56-57 Section H: Sworn Statement on Public Entity Crimes ................................................... Page 58-60 Section I: Drug-Free Workplace Form ......................................................................... Page 61 Section J: Indemnification Clause ................................................................................ Page 62 Section K: Bidder’s Qualifications ................................................................................. Page 63-68 Section L: Certified Resolution ..................................................................................... Page 69 Section M: Foreign (Non-Florida) Corporations ............................................................. Page 70 Section N: References………………………………………………………………………..Page 71 Section O: Acknowledgement of Conformance with O.S.H.A. Standards……………....Page 72 Section P: Bidder’s Affidavit in Compliance with Florida Trench Safety Act……………Page 73-74 Section Q: Scrutinized Companies Certification ............................................................ Page 75 Section R: E-Verify Form .............................................................................................. Page 76 Section S: Human Trafficking ....................................................................................... Page 77

Exhibits “A TO I”:

Exhibit “A”: Agreement ................................................................................................... Page 79-85 Exhibit “B”: Payment Bond ............................................................................................. Page 86-89 Exhibit “C”: Performance Bond ....................................................................................... Page 90-92 Exhibit “D”: Notice of Intent ............................................................................................ Page 93

Exhibit “E”: Notice to Proceed ........................................................................................ Page 94 Exhibit “F”: Notice of Commencement ........................................................................... Page 95 Exhibit “G”: Change Order No. 01 .................................................................................. Page 96 Exhibit “H”: Application for Payment ............................................................................... Page 97 Exhibit “I”: Contractor’s Final Waiver of Lien ................................................................ Page 98-99

CITY OF COCONUT CREEK

FINANCE AND ADMINISTRATIVE SERVICES

4800 WEST COPANS ROAD

COCONUT CREEK, FLORIDA 33063

October 18, 2026

LEGAL NOTICE / INVITATION FOR BIDS

IFB No.: 12-03-26-10 IFB Name: NW 39th Ave. Wastewater Force-Main Upgrade Non-Mandatory Pre-Bid Conference: October 29, 2026, at 9:30 a.m. ET Due Date/Time: December 03, 2026, at 10:00 a.m. ET

The City of Coconut Creek, Florida is soliciting bids from qualified, experienced, and licensed General Contractors for the construction of a new, upsized force main to improve system reliability, increase wastewater conveyance capacity, support future development, and provide the infrastructure necessary to connect properties currently served by septic systems. The work shall be performed in full accordance with the plans, specifications, terms, and conditions contained in this Invitation for Bids (IFB).

A Cone of Silence is in effect with respect to this IFB. The Cone of Silence prohibits certain communications between potential Respondents and/or Vendors and the City. All communication regarding this IFB shall be directed to Carlos Marmolejos, Procurement Operations Supervisor, at email cmarmolejos@coconutcreek.gov.

A non-mandatory pre-bid conference will be held at the Coconut Creek Government Center, City Hall, 4800 West Copans Road, Coconut Creek, Florida 33063 with the City of Coconut Creek staff. Bidders or their representative(s) are encouraged to attend. Please ensure that your company has reviewed the plans and specifications, as this meeting presents an opportunity to clarify any concerns regarding the bid requirements.

Bidder must be registered on the City’s eBid System in order to respond to this IFB. A complete IFB Document may be downloaded for free from the eBid System as a pdf at: www.coconutcreek.gov/fin/procurement. The City is not responsible for the accuracy or completeness of any documentation the Bidder receives from any source other than from the eBid System.

Bids shall be submitted electronically through the eBid System on or before the due date/time stated above.

Bidder is solely responsible for downloading all required documents. Each Bidder shall submit evidence that he is licensed to perform the work and services or qualified by examination to be so licensed. Responses will be electronically unsealed in a public forum and read aloud. Any bid received after the due date and time specified, will not be considered. Any uncertainty regarding the time a bid is received will be resolved against the Bidder.

Each bid shall be accompanied by cash, a certified check, or cashier's check drawn on a local bank in good standing, or by an acceptable BID BOND in an amount equal to five percent (5%) of the amount of the bid payable to the City of Coconut Creek, Florida, as a guarantee that if the bid is accepted, the Bidder will execute the CONTRACT and file acceptable PERFORMANCE AND PAYMENT SURETY BONDS equal to one hundred percent (100%) of the contract price within ten (10) days after written Notice of Award of the Contract. Bidder shall submit a copy of their original Bid Bond in Bid Submittal.

Pursuant to Section 119.071, Florida Statutes, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.

Please be advised that City Hall is closed on Fridays and on holidays observed by the City. City Hall hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Thursday.

Carlos Marmolejos, MSM, CPM, NIGP-PPA Procurement Operations Supervisor Publish Date: Sunday, October 18, 2026 Advertised: Sun Sentinel

A-1

SECTION B

INSTRUCTIONS TO BIDDERS

1. Format The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice to separate categories of subject matter for convenient reference thereto.

Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

2. Point of Contact To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, elected official or employee during the submission process, other than the Procurement and Contracts Manager, regarding the requirements for this submittal. Any such contact may be considered grounds for disqualification. The City shall not be responsible for oral interpretations given by any City employee or its representative.

All inquiries concerning clarifications of this solicitation or for additional information shall be submitted via the eBid System “Questions” tab or by email and directed as follows:

Carlos Marmolejos, Procurement Operations Supervisor Email: cmarmolejos@coconutcreek.gov

All responses to questions/clarifications will be issued via the eBid System in the form of an addendum to all Bidders registered for this project. Such contact is to be for clarification purposes only. Material changes, if any, to the specifications, or proposal procedures will only be transmitted via the eBid System by addendum.

3. Schedule of Events The City will use the following tentative time schedule in the selection process. The City reserves the right to change and/or delay scheduled dates.

Event Date IFB Available October 18, 2026. 7:00 AM ET Non-Mandatory Pre-Bid Meeting (9:30 a.m. ET) October 29, 2026, 9:30 AM ET Last Date of Receipt of Questions November 23, 2026, 5:00PM ET Last Date of Receipt of Requests for Approved Equals Form November 24, 2026, 5:00 PM ET Addendum Release (if required) November 30, 2026, 5:00 PM ET

Bid Due Date Thursday, December 03, 2026, 10:00 AM ET

Compliance Review The week of December 07, 2026 Commission Award of Contract N/A

4. General Description of the Project The project consists of the construction of a new, upsized force main to improve system reliability, increase wastewater conveyance capacity, support future development, and provide the infrastructure necessary to connect properties currently served by septic systems. The project will provide long-term public health and environmental benefits. Grant funding will help offset construction costs and enable the City to complete this critical wastewater infrastructure improvement.

IFB No. 12-03-26-10

5. Definitions The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process. The terms may be used interchangeably by the City: IFB or RFP; Bid or Proposal; Bidder, Proposer, or Seller; Contractor or Consultant; Contract, Award, Agreement or Purchase Order.

Addendum: A document that is subsequently issued prior to the opening of bids, which clarify, supplement, delete, modify, correct or change the bidding documents or the contract documents.

Agreement / Contract: A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. Contract shall be inclusive of the term “Agreement” unless stated otherwise.

Bid: A price and terms quote received in response to an IFB.

Bidder: One who submits a bid directly to the City as distinct from a Sub-Contractor, who submits a bid to the Bidder.

City: Refers to the City of Coconut Creek, a municipal corporation of the State of Florida.

Change Order: A written signed and approved document by the City Manager or designee ordering a change in the contract price or contract time or a material change in work.

Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this project.

Contract Administrator: Means assigned City Director or designee responsible for the management of all actions required for initiating and issuing procurements, along with all contract-related actions performed during the course of the work from award until closeout of the contract.

Contractor: Successful Bidder who is awarded a Purchase Order, Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City Invitation for Bids (IFB): When the City is requesting bids from qualified Bidders.

Responsive Bidder: A person whose bid conforms in all material respects to the terms and conditions included in the IFB.

Responsible Bidder: A person who has the capability in all respects to perform in full the contract requirements, as stated in the IFB, and the integrity and reliability that will assure good faith performance.

Seller: Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.

Successful Bidder: Means the best, qualified, responsible and responsive Bidder to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award.

6. Cone of Silence

6.1 “Cone of Silence” means a prohibition on any communication regarding a particular Request for Proposals (RFP), Request for Qualifications (RFQ), Invitation for Bids (IFB), or other competitive solicitation between:

(a) Any person who seeks an award therefrom, including a potential vendor or vendor’s representative, and

(b) The City Commission, City Attorney, City Manager, and all City employees, and any non-employee appointed to evaluate or recommend selection in such procurement process.

The Cone of Silence shall not apply to communications with the Procurement Official to obtain clarification or information concerning the subject solicitation. Any such contact other than the Procurement Official may be considered grounds for disqualification. The City shall not be responsible for oral interpretations given by any City employee or its representative. For purposes of this section, “vendor’s representative” means an employee, partner, director, or officer of a potential vendor, or consultant, lobbyist, or actual or potential subcontractor or subconsultant of a vendor, or any other individual acting through or on behalf of any person seeking an award.

6.2 The Cone of Silence shall be applicable to each RFP, RFQ, IFB, or other competitive solicitation during the solicitation and review of responses. At the time of issuance of the solicitation, the Procurement Official shall include in any advertisement and public solicitation for goods and services a statement disclosing the requirements of this section.

6.3 The Cone of Silence shall terminate at the time the City awards or approves a contract, votes to reject all bids or responses, or otherwise takes action which ends the solicitation and review process.

6.4 Nothing contained herein shall prohibit any potential vendor or vendor’s representative from:

(a) Making public presentations at duly noticed pre-bid conferences or at meetings before a duly noticed Selection Committee;

(b) Communicating with the City Commission during any duly noticed public meeting;

(c) Communicating verbally or in writing with any City employee or official for the limited purpose of seeking clarification or additional information, when such employee is specifically designated in the applicable RFP, RFQ, IFB, or other competitive solicitation documents;

(d) Communicating in writing with the Procurement Official or other staff person specifically designated in the procurement document.

The potential vendor or vendor’s representative shall deliver a copy of any such written communication to the Office of the City Clerk, who shall make copies available to the public upon request. The written communication shall include a reference to the RFP, RFQ, IFB, or other competitive bid document number.

6.5 Any violation of this rule shall be investigated by the Procurement Official and the City

Attorney’s Office and/or the City Manager’s Office and may result in disqualification of said violating potential vendor or any recommendation for award, or any RFP award, or IFB, or RFQ award to said violating potential vendor or vendor’s representative being deemed void or voidable. The potential vendor or vendor’s representative determined to have violated this rule, shall be subject to penalties up to and including debarment. In addition, to any other penalty provided by law, violation of this rule by a City employee shall subject the employee to disciplinary action up to and including termination.

7. Non-Mandatory Pre-Bid Conference and Site Inspection

All Bidders or their representatives are strongly urged to attend a non-mandatory pre-bid conference and site inspection on the date and time specified herein at the Coconut Creek Government Center, City Hall, 4800 West Copans Road, Coconut Creek, Florida 33063. This information session presents an opportunity for the Bidder to clarify any concerns regarding bid requirements. The Bidder is cautioned that, although the pre-bid conference is optional, no modification or any changes will be allowed in the pricing because of the failure of the Bidder to have attended the conference or visited the site.

The Bidder shall make a careful examination of the project site, shall familiarize himself with existing conditions, and shall satisfy himself as to the quantity and quality of materials and workmanship required for the work. Submission of a bid will be construed that the Bidder is acquainted sufficiently with the work to be performed. He shall carefully and thoroughly examine the Contract Documents before submitting a bid.

8. Document Interpretation

The Contract Drawings governing the work proposed herein consist of the Drawings and all material made part of the contract document. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work.

Any person contemplating the submission of a bid shall have thoroughly examined all of the various parts of these documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should contact Carlos Marmolejos, Procurement Operations Supervisor at email: cmarmolejos@coconutcreek.gov. The last day for receipt of questions will be in accordance with the Schedule of Events. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their bids, or indicate receipt of, all Addenda. The City will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. All Addenda shall become part of the Contract Documents.

9. Bidder’s Understanding

Each Bidder shall inform himself of the conditions relating to the execution of the work and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the Successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents.

It shall be the Bidder’s obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions.

Information derived from inspection of Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the sites and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.

Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, design and construction standards, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

10. Qualifications of Contractors

Bids shall be considered only from firms normally engaged in performing the type of work specified within the contract documents. Bidders shall have five (5) years or more experience and must not be listed in the System for Award Management (SAM) as an excluded party. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. The prospective Bidders must meet the statutorily prescribed requirements before Award of Contract.

In determining a Bidder’s responsibility and ability to perform the contract, the City has the right to investigate and request information concerning the ability to perform the work under this contract, financial condition, experience record, personnel, equipment, facilities, principal business location, organization of the Bidder, the Bidder’s record with environmental regulations, and the claims/litigation history of the Bidder.

11. Licenses To be eligible for award of this project, the Bidder must possess at time of bid opening the following State Certified license:

• Florida State Licensed General Contractor

All licenses required for Bidders whose businesses and professions are regulated by the Florida Department of Business and Professional Regulation must be active and current. A copy of the State of Florida Certificate of Status or Good Standing, a copy of General Contractors License, and a copy of the Business Tax Receipt (must be in effect as required by Florida Statute 205.065 or as amended) must be provided with bid response.

12. Legal Requirements The Bidder shall observe and comply with all federal, state, county laws and local ordinances, rules and regulations that apply to this Contract. Failure to familiarize himself/herself with applicable laws will in no way relieve him/her from responsibility.

13. Addendum Changes in specification requirements will be issued on official addendum via the eBid System (www.coconutcreek.gov/procurement). The issuance of written addendum is the only official method whereby interpretation, clarification, changes or additional information can be given. It is the Bidder’s responsibility to check the website prior to the proposal submittal deadline to ensure that the Bidder has a complete, up-to-date bid package.

14. Drawings Drawings will be made available electronically via the eBid System only.

15. Plans for Construction The Successful Bidder will be furnished four (4) sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at reproduction cost.

16. Type of Bid When the bid for the work is to be submitted on a unit price basis, unit price bids will be accepted on all items of work set forth in the bid, except those designated to be paid for as a lump sum. The estimate of quantities of work to be done is tabulated in the bid and, although stated with as much accuracy as possible, is approximate only and is assumed solely for the basis of calculation upon which the award of Contract shall be made. Payment to the Contractor will be made on the measurement of the work actually performed by the Contractor as specified in the Contract Documents. The City reserves the right to increase or decrease the amount of any class of work as may be deemed necessary, without any increase in the unit prices, unless otherwise specified in the Supplementary Conditions.

When the bid for the work is to be submitted on a lump sum basis, the lump sum price shall include all labor, materials, and equipment to complete the work described in the bid item included in the bid schedule. The bid items are intended to be general in nature and are not meant to be exhaustive in detail. Payment for all portions of the work associated with and necessary for the completion of a bid item shall be included in the lump sum price for that item whether or not it is mentioned specifically in the bid item description. All work described in the plans and specifications shall be accomplished and paid for as a part of one (1) or more bid items. If the Contractor believes that a portion of the work as described in the plans and specifications has not been included in any bid item, he shall bring this fact to the attention of the Contract Administrator at least one (1) week before the bids are to be received. Otherwise, it shall be assumed that the Contractor's bid includes reimbursement for all work described in the plans and specifications.

17. Changes in Quantities

The City reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary.

18. Quantities in Bid Approximate Only

If the bid form contains unit price items, the quantities stated therein are approximate only and are intended to serve as a basis for the comparison of bids and to fix the approximate amount of the cost of the project. The City does not express or imply that the actual amount of the work done in the performance of the contract will correspond with the quantities in the bid form; the amount of work done may be more or less than the said quantities and may be increased or decreased by the Contract Administrator as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the completion of the work, except as provided in the Contract Document. The Contractor will only be paid for the actual quantities of work performed and accepted by the Contract Administrator. The Contractor shall not be entitled to any compensatory damages in the event the quantities to be built are less than what are shown in the Bid Schedule.

19. State and Local Sales and Use Taxes

Unless Supplementary Conditions contains a statement that the City is exempt from State sales tax on materials incorporated into the work due to the qualification of the work under this Contract, all State and local sales and use taxes, as required by the laws and statutes of the State and its political subdivisions, shall be paid by the Contractor. Prices quoted in the bid shall include all nonexempt sales and use taxes, unless provision is made in the bid form to separately itemize the tax.

20. Bids Firm for Acceptance

Bidder warrants, by virtue of bidding that his bid and the prices quoted in his bid will be for acceptance by the City for a period of ninety (90) calendar days from the date of bid opening unless otherwise stated in the IFB.

21. Bid Security

Each Bidder shall include in their Bid Submittal a Bid Bond by the Due Date/Time (specified in the Schedule of Events stated herein) a certified check, cashier's check drawn on a local bank in good standing, or cash, or an acceptable Bid Bond issued by a Surety authorized to issue such bonds in the State of Florida in an amount equal to five percent (5%) of the amount of the bid payable to the City of Coconut Creek, Florida. This bid security shall be given as guarantee that the Bidder will not withdraw or modify his bid for a period of ninety (90) days after bid opening.as a guarantee that if the bid is accepted the Bidder will execute the contract.

The Attorney-in-Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form found bound herewith, or one conforming substantially thereto in form and content.

22. Return of Bid Security Within thirty (30) calendar days after the award of the Contract, the City will return the bid securities to all Bidders whose bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose bids they accompanied.

23. Performance and Payment Bonds The Successful Bidder shall file with the City a Performance Bond and a Payment Bond on the forms bound herewith, each in the amount of one hundred percent (100%) of the Contract Price in accordance with the requirement of Section 255.05 or 713.23, Florida Statutes as amended from time to time, as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, for a period of one (1) year after the day of final acceptance of the work by the City. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the City, shall be authorized to do business in the State of Florida, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. The attorney-in-fact (Resident Agent) who executes this Performance and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the Bond.

All Contracts, Performance and Payment Bonds, and respective powers-of-attorney will have the same date.

Upon notification by the City, corrects any and all defective or faulty work or materials which appear within one (1) year after final acceptance of the work. Further in accordance with the City of Coconut Creek Code of Ordinance the Contractor shall be obligated to grant a one (1) year Maintenance Bond beginning after the release of the Performance Bond in the amount equal to 25% of the Performance Bond.

24. Cancellation for Unappropriated Funds The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.

25. Project Records City shall have the right to inspect and copy, at City’s expense the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the project and to any claim for additional compensation made by Contractor.

Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the project and to any claim for a period of five (5) years following Final Completion of the project. During the project and the five (5) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice.

If the project is funded by grants, either partially or fully, records shall be made available to the granting agency in requirements of its standards, when necessary.

26. Solid Waste Collection Services – City’s Franchise Agreement The City has contracted with Republic Services of Florida, Limited Partnership d/b/a All Service Refuse to furnish solid waste and recycling collection services. The City grants to All Service Refuse the sole and exclusive right, franchise, license and privilege to provide non-hazardous solid waste collection, removal and disposal services within the corporate limits of the City. The successful Contractor shall coordinate with All Service Refuse the level and type of service to be provided and the manner of collection of charges.

27. Sworn Statement – Public Entity Crimes Statement

Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid for a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($35,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

28. Drug-Free Workplace Programs

Preference shall be given to businesses with Drug-Free Workplace programs. Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that completes the attached Drug-Free Workplace Form certifying that it is a Drug-Free Workplace shall be given preference in the award process.

Scrutinized Companies pursuant to Section 287.135 and 215.473 Contractor must certify that the company is not participating in a boycott of Israel. Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Contractor must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.

Company understands and agrees that pursuant to Sections 287.135 and 287.473, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the City to terminate this Agreement at the option of the City.

29. Conditions for Emergency/Hurricane or Disaster

It is hereby made a part of this agreement that before, during and after a public emergency, disaster, hurricane, flood, pandemic or other substantial loss that the City of Coconut Creek will require a “first priority” basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public safety and health, as determined by the City Manager. Contractor agrees to rent/sell/lease all goods and services to the

City or other governmental entities, as opposed to a private citizen or corporation, on a first priority basis. The City expects to pay a fair and reasonable price for all products/services in the event of a disaster, pandemic, emergency or hurricane. Awarded Contractor must furnish a twenty-four (24) hour telephone number in the event of such an emergency.

30. Remedies

a) Damages

The City reserves the right to recover any ascertainable actual damages incurred because of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor’s failure to perform in accordance with the requirements of this Agreement.

b) Correction of Work

If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require…