delray b ITBC 2026-040 Annual Stormwater General Construction Advertised.pdf

City of Delray Beach ITBC No. 2026-040

Annual Stormwater General Construction

The City of Delray Beach

100 NW 1st Avenue Delray Beach, FL 33444

PURCHASING AND PROCUREMENT DEPARTMENT

INVITATION TO BID CONSTRUCTION

ITBC NO.: 2026-040

DUE DATE AND TIME: October 7, 2026 @ 2:00PM., (LOCAL TIME)

INSTRUCTIONS

Bids must be received before the Due Date and Time (Local Time). All Bids will be publicly opened at City Hall, unless otherwise specified. The City will only accept electronic Bids.

The City will only accept electronic submittals for this Invitation to Bid Construction (ITBC). ITBC’s will be accepted through a secure mailbox at Bidnet Direct until the Due Date and Time indicated in this ITBC.

Bidnet Direct does not accept electronic Bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its electronic bid submission is complete prior to the solicitation Due Date and Time.

Electronic submission of Bids will require the uploading of forms and/or attachments as designated in this ITBC. Electronic submission must include a signed original of the Solicitation Summary form. The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as a separate file.

If the Solicitation Summary form is not included, the City may deem the bid non-responsive. Bids must contain all information required to be included in the submittal, as described in this Solicitation.

BROADCAST

The City of Delray Beach utilizes electronic online services for notification and distribution of its solicitation documents. The City’s solicitation information can be obtained from: (a) Bidnet Direct; (b) Purchasing Department webpage of the City of Delray Beach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations;

or (c) a request via email to thompsonc@mydelraybeach.com

Bidders who obtain solicitations from sources other than those named above are cautioned that the ITBC package may be incomplete. The City may not evaluate incomplete bid packages. Bidnet Direct is an independent entity and is not an agent or representative of the City. Any technical issues must be submitted to Bidnet Direct by contacting (800) 835-4603 (toll free) or by visiting the webpage https://www.bidnetdirect.com/florida/cityofdelraybeach. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue.

Communications to any independent entities does not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the Solicitation documents, the terms and conditions of the documents will prevail.

CONTACT PERSON

Any questions regarding the specifications and Solicitation process must be submitted through the “Question” feature on Bidnet Direct. Requests for clarification and additional information must be received prior to the deadline for submission of questions on September 11, 2026 @ 5:00 PM., (LOCAL

TIME).

[The remainder of this page is intentionally left blank]

The City of Delray Beach

100 N.W. 1st Avenue Delray Beach, FL 33444

LEGAL ADVERTISEMENT

INVITATION TO BID CONSTRUCTION

DUE DATE AND TIME: October 7, 2026@ 2:00 PM (LOCAL TIME)

The City of Delray Beach, Florida (“City”) is seeking Bids from qualified firms and responsible contractors to provide on an as-needed basis, all labor, material, equipment, tools, supplies, costs and incidentals for stormwater infrastructure improvements within the City of Delray Beach. The work to be accomplished under this contract includes, but is not limited to, the construction and installation of stormwater infrastructure consisting of catch basins, stormwater manholes, piping, exfiltration trenches, tidal backflow valves, swales, pipe lining, video inspection of piping, and repairs to aforementioned items, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid Construction.

Invitation to Bid documents are available beginning August 25, 2026, on the Purchasing Department webpage of the City of Delray Beach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations; on the Bidnet Direct webpage https://www.bidnetdirect.com/florida/cityofdelraybeach or by email request to thompsonc@mydelraybeach.com.

Submission of Bids electronically will be through a secure mailbox at Bidnet Direct until the deadline for submission as indicated in this ITBC. The Due Date and Time for submission of Bids is October 7, 2026 @ 2:00 PM., (LOCAL TIME). Late Proposals will not be accepted. The City will only accept electronic Bids for this ITBC.

The City will hold a Non-MANDATORY Pre-Bid Conference on September 10, 2026 @ 11:00 AM (Local Time) online via Microsoft Team meeting using the link provided below:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/263573016822787?p=e2tHuktaM6BjS5OEvQ Meeting ID: 263 573 016 822 787 Passcode: cM7vZ3ca

It is the responsibility of the Proposer to ensure all pages are included in the submission. All Proposers are advised to closely examine the solicitation package.

The City of Delray Beach reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City.

CITY OF DELRAY BEACH

SECTION 1: INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the City of Delray Beach, Florida Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the CITY, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, most qualified, responsible, and responsive Bidder to whom CITY (on basis of CITY'S evaluation as hereinafter provided) makes an award that is most advantageous to the CITY. The City may award multiple contracts to more than one Successful Bidder. The CITY’S evaluation of the bid shall take into consideration the cost (total, unit price, or combination of both), CITY’S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner. The term "Bidding Documents" includes the Invitation to Bid Construction, Instructions to Bidders, the Bid Form, and the proposed contract documents (including all Addenda issued prior to receipt of Bids). “Addenda” means all written or graphic instruments issued by the City prior to the execution of the Contract that modifies or interprets the Bidding Documents by additions, deletion, clarifications or corrections. “Bid” means a complete and properly signed proposal to do the Work for the sum stipulated therein, submitting in accordance with the Bidding Documents. “Responsible Bidder” means a bidder having the required qualifications to perform the work set forth in the Advertisement for Bids; the Bidder’s responsibility is determined by the City’s good faith evaluation of whether, in the City’s opinion, the Bidder possesses the judgment, skill, experience and financial resources necessary to perform the Contract. “Non-Responsible Bidder” means a bidder who, as judged by the CITY, lacks those attributes of a Responsible Bidder necessary to perform the Contract.

“Responsive Bid” means a bid in which the Bidder describes the Work in the same way as it is described in the advertisement for Bids; the Bidder’s responsiveness is determined by the CITY’S evaluation of the Bid’s conformance in all material respects to the Advertisement for Bids. “Days” means calendar days unless otherwise stated.

2. Copies of Bidding Documents.

2.1. Complete sets of the Bidding Documents in the number and for the sum, if any, stated in the Advertisement for Bids may be obtained from CITY Purchasing Department.

2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor CONSULTANT assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

3. Qualifications of Bidders.

3.1. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within three (3) business days of CITY'S request written evidence, such as financial data, previous experience; present commitments and other such data as may be called for in the Instructions to Bidders. Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located. The CITY reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the Work and if, after investigation, the evidence of his competency or financial ability is not satisfactory, the CITY reserves the right to reject his bid.

3.2. Bidder shall submit information and documentation requested in this Section that confirms it meets the following qualification requirement(s). For the purposes of this ITBC, a responsible Bidder is a Bidder that meets the minimum qualification requirements below.

3.2.1. Bidder has previously provided acceptable services for the type of work identified in this ITBC. Provide the following information for up to five (5) client references to verify Bidder has provided acceptable and applicable services.

A. Owner Name B. Owner’s Primary Contact for Work Provided

i. Name

ii. Title

iii. Phone Number

iv. Email Address

C. Project Information

i. Name

ii. Address

iii. Brief Description

iv. Start/End Date

v. Number of Change Orders and/or Amendments

vi. Within Budget?

3.2.2. Bidder has a Florida State General Contractor’s license or current certificate of competency issued by Palm Beach County Examining Board having jurisdiction over licensing of Contractors in the type of work involved in this contract.

Provide proof, in the form of a copy of license(s), that the Bidder meets this qualification.

3.2.3. Bidder must have been in the business of for a minimum of sixty (60) months prior to the Due Date and Time.

Provide supporting documentation (e.g. state, county, city business license;

occupational license) that confirms Bidder has been in business for a minimum of sixty months prior to the Due Date and Time.

3.2.4. Bidder must have experience in constructing a minimum of four (4) similar projects since 2016, with a minimum contract value of $200,000, that had the following components – stormwater infrastructure including catch basins, stormwater manholes, piping, exfiltration trenches, tidal backflow valves, swales, pipe lining, video inspection of piping, maintenance of traffic and site restoration.

Provide the following information for the four (4) qualifying projects:

A. Name of Project Owner B. Contact Name C. Contact Email D. Location / Address of Project E. Dates of Project (start/end) F. Brief Description of Project G. List of the components of the project as stated above

NOTE: The City recognizes that it is unlikely that candidates for this solicitation will have all of the similar experience requested in a single project. Experience in each of the different elements is desired, however, it is not required that all types of similar project experience is included in the same project.

3.2.5. Bidder has no reported conflict of interests in relation to this ITBC. No additional documentation is required.

The City will verify from Bidder’s Conflict of Interest Disclosure Form.

3.2.6. Provide proof that Bidder is registered with the States of Florida, Division of corporations to do business in Florida.

No documentation is required. The City will verify.

3.2.7. Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, or any of its employees, is or has been involved within the last three (3) years.

4. Examination of Contract Documents.

4.1. Bidder shall be familiar with and fully comply with all federal, state and local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure to familiarize oneself with applicable laws, ordinances, rules and regulations will in no way relieve bidder from the responsibility included in the applicable laws. Bidder is solely responsible for compliance with all federal, state and local laws, ordinances, rules, regulations and applicable building codes.

4.3. Information and data related to this Invitation to Bid Construction with respect to Under-ground Utilities at or contiguous to the site is based upon information and data furnished to the CITY and the CONSULTANT by the owners of such Underground Utilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof.

4.9. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are located with the municipal limits of Delray Beach. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR.

4.10. The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of Article 4 of the Instructions to Bidders, "Bidder's Examination of Contract Documents", that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

5. Pre-Bid Conference

5.1. The City will hold a Non-MANDATORY Pre-Bid Conference on September 10, 2026 @ 11:00 AM (Local Time) online via Microsoft Team meeting using the link provided below:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/263573016822787?p=e2tHuktaM6BjS5OEvQ Meeting ID: 263 573 016 822 787 Passcode: cM7vZ3ca

5.2. The City will not conduct a site visit for this solicitation.

5.3. The purpose of the Pre-Bid Conference is to provide and obtain information relative to the scope, purpose, nature, and extent of the work, and any local conditions, which may affect the performance of work. Submission of a Bid shall constitute an acknowledgement by the Bidder that it has thoroughly examined and is familiar with the requirements of this Solicitation package. The failure or neglect of the Bidder to examine the Solicitation package shall in no way relieve the Bidder of any obligation with respect to its Bid or the requirements of the Contract. No claim for additional compensation will be allowed which is based on a lack of knowledge of the requirements of this Solicitation package or the resultant Contract.

5.4. If you need a sign language interpreter or materials in accessible format for this event, please contact the Purchasing and Procurement Department thompsonc@mydelraybeach.com at least five (5) days in advance of the scheduled conference.

6. Interpretations and Addenda.

6.1. All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing and Procurement Department. Interpretations or clarifications considered necessary by the Purchasing and Procurement Department in response to such questions will be issued by addenda mailed or delivered to all parties recorded by the Purchasing Department as having received the Bidding Documents. Questions received less than ten

(10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by

CITY or CONSULTANT.

6.3. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the CITY and CONSULTANT errors, inconsistencies for ambiguities discovered.

7. Bid Security.

Intentionally Omitted

8. Contract Time.

The Contract shall commence upon the date of the duly executed Agreement and shall remain in effect for a term of three (3) years. Upon mutual agreement of the City and the awarded Bidder, the Agreement may be renewed for two (2) additional one (1) year period(s).

9. Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in the Agreement.

10. Substitute or "Or-Equal" Items.

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to CONSULTANT, application for such acceptance will not be considered by CONSULTANT until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by CONSULTANT is set forth in Paragraphs 7.6.1, 7.6.2 and 7.6.3 of the General Conditions which may be supplemented in the General Requirements. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by CONSULTANT at least ten (10) days prior to the date for receipt of Bids. Furthermore, no substitutions will be permitted in the absence of the express written consent of CONSULTANT.

11. Subcontractors, Suppliers and Others.

11.1. If the Bid Form requires the identity of certain Subcontractors, Suppliers and other persons and organizations, including those who are to furnish the principal items of material and equipment, to be submitted, the Bidder shall provide such identification. If requested by the CITY or CONSULTANT, Bidder shall provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, supplier, person or organization. If the CITY or CONSULTANT after due investigation has reasonable objection to any proposed Subcontractor, supplier, other person or organization, either may, before the Notice of Intent to Award is given, request the apparent successful Bidder(s) to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder(s) declines to make any such substitution, the CITY may retract its award of the Contract to Bidder and award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. Any Subcontractor, Supplier, other person or organization listed and to whom the CITY or CONSULTANT does not make written objection prior to the giving of the Notice of Intent to Award will be deemed acceptable to the CITY and CONSULTANT subject to revocation of such acceptance after the Effective Date of the Agreement. Subcontractors shall not be changed without the approval of the CITY and the CONSULTANT. No acceptance by the CITY or CONSULTANT of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective work or materials not conforming with these specifications.

11.2. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent successful Bidder(s), as a condition precedent to being awarded the Contract, shall identify in writing to the CITY those portions of the Work that such Bidder proposes to subcontract. If the Bidder is awarded the Contract based upon such representations, it is precluded from subcontracting out any additional portions of the Work.

11.3. No Bidder shall be required to employ any Subcontractor, other person or organization against whom Bidder has reasonable objection.

12. Bid Form.

12.1. Bids must be submitted on the Bid Form formulated by the CITY. The Bid Form is included with the Bidding Documents. Failure to submit a Bid on the Bid Form provided herein or to fully complete the Bid in accordance with these instructions renders the Bid void and shall not be considered for award by the CITY.

12.2. All blanks on the Bid Form must be completed in ink or by typewriter and the Bidder will be responsible for its correctness.

12.3. Bids by corporations must be executed in the corporate name by the president, a vice-president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature.

12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5. All names must be typed or printed below the signature.

12.6. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

12.7. The address to which communications regarding the Bid are to be directed must be shown.

12.8. The Bidder shall comply with the Florida Trench Safety Act, Fla. Stat. 553.60 et seq. All Bids shall include all information required by Statute.

12.9. The Bidder shall comply with the Public Entity's Crime Statute, Fla. Stat. 287.133. All Bids shall include the information required by Statute.

12.10. The Bidder shall comply with the Drug-Free Workplace Statute, Fla. Stat. 287.133 and provide information required by Statute.

12.11. The Bid Form contains two (2) categories – Category A and Category B. Bidders may provide pricing for only Category A, only Category B, or for both Category A and Category B, but must provide pricing for all line items listed in the category that is being submitted.

The City of Delray Beach reserves the right to award a contract to more than one Bidder.

13. Submission of Bids.

13.1. Sealed Electronic Proposals of the Bid shall be submitted at the time and place indicated in the Bid form. Each bid shall be accompanied by all required documents. Bidder assumes full responsibility for timely delivery of its Bid, which must be sent electronically or be means whereby the Bidder receives positive notification for delivery to the CITY.

Oral, telephonic, faxed or telegraphic Bids are invalid and will not receive consideration.

13.2. The CITY shall have the right to reject Bids from Bidders whom the CITY has determined to be Non-Responsible. A Bidder determined to be Non-Responsible shall be prohibited from bidding or receiving Contracts for any future work for the CITY until the CITY, declares the Bidder once again responsible.

14. Modification and Withdrawal of Bids.

14.1. Bids may be modified or withdrawn only by an appropriate electronically submitted document in the same manner the original Bid was duly executed and delivered.

14.2. If any Bidder files a duly signed written notice with the CITY executed by an appropriate official, and promptly thereafter demonstrates to the reasonable satisfaction of the CITY that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids.

Bids will be opened and read aloud publicly at the time and place indicated in the Invitation to Bid Construction.

16. Bids to remain Open.

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

17. Award of Contract.

17.1. The CITY reserves the right to accept any Bid or combination of Bid alternates which, in the CITY'S judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder(s), and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the CITY reserves the right to reject the Bid of any Bidder if the CITY believes that it would not be in the best interest of the City to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

17.2. In evaluating Bids, the CITY shall consider the cost, CITY’S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner as well as whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Intent to Award.

17.3. The CITY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in Section 10. The CITY also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Intent to Award.

17.4. The CITY may conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility qualifications and financial ability of the Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to the CITY'S satisfaction within the prescribed time.

17.5. If the contract is to be awarded, the contract will be awarded to the most responsible, responsive Bidder(s) whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the CITY. The City of Delray Beach reserves the right to award a contract to more than one Bidder.

17.6. The CITY reserves the right to reduce the quantities of work to be done and to completely eliminate any items of the work listed in the Proposal in order that the work can be completed within the amount of available funds.

17.7. If the contract is to be awarded, the CITY will give the successful Bidder(s) a Notice of

Intent to Award within one hundred and twenty (120) days after the day of the Bid opening.

17.8. In the event of irregularity in the bidding procedure, the CITY reserves the right to reject an unopened Bid, or receive and record it, if in the CITY’S best judgment such action accrues to the best interest of the CITY. Receiving and recording a Bid does not constitute a waiver of irregularities by the CITY.

17.9. Upon the CITY’S award of the Contract, the Bidder’s failure to execute the Contract within fifteen (15) calendar days from the date of the notification of award shall be just cause and the CITY may annul and void the award.

17.10. Within fifteen (15) calendar days of the Notice of Intent to Award of the Contract, Bidder shall submit to the CITY and Consultant in writing a list of all subcontractors, principal suppliers and fabricators, persons or entities proposed for the principal portions of the Work.

17.11. Upon execution of the Contract by the CITY and the successful Bidder(s), submittal of the required performance and payment bonds, certificates of insurance, and receipt and approval of the required post-bid information, the CITY will issue the Notice to Proceed.

17.12. The selected Bidder(s) will receive Task Work Orders during the effective term of the contract. Each Task Work Order will require Surety Bonds equal to 100% of the Task Work Order total. Prior to the commencement of work under a Task Work Order, the Bidder to whom a contingent award is made shall duly execute and deliver to the City a Performance Bond and a Construction Bond, both in the amount not less than the total cost of such Task Work Order.

18. Contract Security and Insurance.

Article 6 of the General Conditions sets forth the CITY'S requirements as to performance and pay-ment Bonds. When the successful Bidder(s) delivers the executed Agreement to the CITY, it must be accompanied by the required performance and payment Bonds and required insurance certifi-cates and policies if applicable. The surety on such bonds shall be a duly authorized nationally recognized surety company satisfactory to the CITY. Such bond shall be executed and issued by a resident agent licensed and having an officer in Palm Beach, Dade, Broward or Martin County, Florida, representing such corporate surety. Attorney-in-fact who signs bonds must file with such bond a certified copy of their Power-of-Attorney to sign said bonds. All bonds and insurance must meet the requirements of Article 6 of the General Conditions.

19. Signing of Agreement.

When CITY gives a Notice of Intent to Award to a successful Bidder(s), it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to CITY with the required bonds and insurance certificates. Within thirty (30) days thereafter, the CITY upon final award by the City Commission shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

20. Qualification of Surety.

See paragraph 6.1 of the General Conditions for the CITY'S requirements.

21. Florida Trench Safety Act-Compliance.

In the event this contract requires trench excavation, the requirement of Florida Statutes 553.60, et seq., shall be adhered to by all Bidders. Every Bidder shall provide a certification on the form provided and other required documentation.

22. 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 a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases 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 for a period of 36 months from the date of being placed on the convicted vendor list.

23. Drug-Free Workplace.

Every Bidder shall provide a certification on the form provided indicating whether the Bidder has implemented a drug-free workplace program pursuant to the requirements of Florida Statute Sec-tion 287.087. Preference in the award process shall be given, according to the statutory require-ments, to a business that certifies it has implemented a drug-free workplace program.

24. Building Permits.

The CONTRACTOR shall make application and obtain the necessary building permits from the CITY or other governing bodies. There shall be no cost for permits issued by the CITY.

25. Sales Tax.

The CONTRACTOR'S attention is directed to the fact that all materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes.

26. Sub-Contracting / MBE Participation:

The CITY reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Bidder, who, in the opinion of the CITY will be in the best interest of and/or most advantageous to the CITY. The CITY also reserves the right to reject a bid of any Bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The CITY reserves the right to make said determination.

It is the policy of the CITY that Minority and Women Business Enterprises (M/WBEs) shall have the maximum opportunity to participate in, and, perform projects financed with CITY, State and Federal Funds. Bidders are hereby informed that the CITY encourages the utilization and participation of Minority and Women Business Enterprises in contracts financed with CITY funds. Since subcontract awards by successful Bidder(s) to minority/women firms are crucial to the achievement of the CITY'S objectives, Bidders are encouraged to seek Minority and Women Business Enterprises for participation in subcontracting opportunities. Assistance in identifying qualified Minority and Women Business Enterprises may be obtained from the CITY'S Purchasing Department.

27. Contractor's Certification.

CONTRACTOR'S bidding on this project must hold a State license or a current certificate of competency issued by Palm Beach County Examining Board having jurisdiction over licensing of CONTRACTORS in the type of work involved in this contract. The Bidder must submit proof this requirement has been met.

28. Indemnification.

The Bid shall include in its price the sum of $10.00 in consideration, for the indemnification provision. The indemnification provision contained in Section 7.28 of the general conditions is incorporated herein, and made a part hereof, as if fully set forth herein.

29. Force Majeure.

No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of any party be deemed Force Majeure.

30. Undefined General Allowance.

An undefined general allowance may be included as part of the Schedule of Bid Prices. This allowance is included to cover contract item identified in Section 01020 - Undefined General Allowances. Prior to the initiation of any expenditure of any undefined general allowance, an executed formal Change Order is necessary for the utilization of allowance funds. The method for computing Change Order dollar amounts shall be as specified in the General Conditions.

31. Cone of Silence.

The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this ITBC, which provides as follows:

(a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between:

(1) Any person or person's representative seeking an award from such competitive solicitation;

and

(2) Any county commissioner or commissioner's staff, any member of a local governing body or the member’s staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer’s staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract.

(b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, CONSULTANT, lobbyist, or any actual or potential subcontractor or CONSULTANT of the person.

(c) Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the City of Delray Beach, all Solicitations, once advertised and until the appropriate authority has approved an award recommendation, are under the cone of silence. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article.

(d) The provisions of this article shall not apply to oral communications at any public proceeding, including prebid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

(e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable.

(f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process.

(g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

32. Inspector General.

Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors.

Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination.

33. Protests.

33.1. Standing

Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section.

33.2. Protest Filing

33.2.1. Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non-responsive and/or non-responsible, the bidder, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the City Clerk by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited.

It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall.

33.2.2. Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the City Clerk by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall.

A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure.

33.2.3. Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the City Clerk.

33.3. Protest Bond

Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents.

33.4. Protest Procedures

33.4.1. A bidder or proposer that has submitted a response to a Formal Solicitation and is adversely affected by the decision of award may file a formal written protest within three (3) business days from the time of initial posting of the intended award. Notice of Intent to Award shall be posted in Bidnet Direct.

Note: Suspended or debarred vendors are ineligible to submit a bid protest.

33.4.2. Formal written protests shall not exceed fifteen (15) type-written pages (including exhibits and attachments) and in all other respects shall comply with the formatting requirements for an appellate brief as set forth in the Florida Rules of Appellate Procedure. A written protest is considered received by the City when it is delivered to and received by the City Clerk or designee. The City Clerk shall time/date stamp all written protest immediately upon receipt. Delivery to and receipt by any other City employee or staff member shall not constitute receipt by the City of Delray Beach. Protests submitted via email do not meet the requirements of this Section.

Protesters shall file their written protests with the City between the hours of 8:00a.m. and 5:00 p.m. Service of a protest by mail or courier shall not expand the time period allowed for delivery of a protest.

33.4.3. In computing any time period prescribed or allowed by this protest policy, the day of the act or event from which the designated time period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, federal holiday, or holiday observed by the City, in which event the period shall run until the end of the next business day which is neither a Saturday, Sunday, federal holiday, nor a holiday observed by the City. A written protest shall not challenge the specifications, scope of work, relative weight of evaluation criteria, or a formula for assigning points.

33.4.4. Fee Required

The letter of protest shall be accompanied by a non-refundable protest application fee in an amount equal to one percent (1%) of the protestor's bid or five thousand dollars ($5,000.00), whichever is less. The protest application fee must be a cashier's check, a certified check, or an attorney's trust account check made payable to the City of Delray Beach. Failure to provide the required protest application fee shall deem the protest as incomplete and invalid.

33.4.5. Authority to Resolve Protests

The City's consideration of a timely written protest shall not necessarily stay the award process, as may be in the best interest of the City. The Chief Procurement Officer may recommend to the City Manager to render moot any written protest that is overtaken by events, in which case the City Manager may abate or dismiss such protest. Within ten (10) business days (excluding Saturdays, Sundays, legal holidays, and City observed holidays) of receipt of the formal written protest, the Chief Financial Officer and the City Attorney shall attempt to settle or resolve the dispute, at the City Attorney's sole discretion. A decision will be rendered in writing and shall: (1) state the reasons for the action taken; and (2) inform the protestor of its right to appeal as provided herein. A copy of the decision of the Chief Financial Officer and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. The protesting party may appeal the decision of the Chief Financial Officer and the City Attorney, by submitting the appeal to the City Manager within seven (7) days (excluding Saturdays, Sundays, legal holidays and City-observed holidays) from the date of the written decision. The appeal shall be in writing and shall state with specificity the grounds therefore and also the action requested of the City Manager. The City Manager shall attempt to settle or resolve the matter at his/her sole option. The City Manager shall render a decision, in writing, within 10 days (excluding Saturdays, Sundays, legal holidays and City observed holidays) following receipt of the appeal. A decision of the City Manager under this section shall be final and conclusive on the protester. Timely submittal of a protest or appeal required. Failure of a party to submit timely a written protest to the Chief Procurement Officer within the time provided in this Section shall constitute a waiver of such party's right to protest pursuant to this Section. Costs. Any and all costs incurred by a protesting party in connection with a protest pursuant to this Section shall be the sole responsibility of the protesting party.

Failure to follow the protest procedures or failure to meet any deadline set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror, or contractor. The City is not subject to or bound by the requirements and/or procedures set forth in Chapter 120, Florida Statutes.

33.5. Stay of Award of Agreement or Sealed Competitive Method

In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest.

33.6. Appeals to City Commission

The protesting party may appeal the decision of the Chief Financial Officer and the City Attorney, by submitting the appeal to the City Manager within seven (7) days (excluding Saturdays, Sundays, legal holidays and City-observed holidays) from the date of the written decision. The appeal shall be in writing and shall state with specificity the grounds therefore and also the action requested of the City Manager. The City Manager shall attempt to settle or resolve the matter at his/her sole option. The City Manager shall render a decision, in writing, within ten (10) days (excluding Saturdays, Sundays, legal holidays and City observed holidays) following receipt of the appeal. A decision of the City Manager under this section shall be final and conclusive on the protester.

33.7. Failure to File Protest

Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award.

34. Apprentices.

In the event this Contract is in excess of $25,000.00, the apprentice employment requirements of Chapter 446.011(3), Florida statutes are hereby incorporated:

34.1. The CONTRACTOR agrees:

34.1.1. That he will make a diligent effort to hire for the performance of the Contract a number of apprentices in each occupation which bears to the average number of the journeyman in that occupation to be employed in the performance of the Contract, the ratio of at least one apprentice to every five journeymen.

34.1.2. That he will, when feasible, assure that 25 percent of such apprentices are in their first year of…