City of Delray Beach ITBC No. 2026-043

Water Treatment Plant 4 Log, Chemical System and Scada Improvements

The City of Delray Beach

100 NW 1st Avenue Delray Beach, FL 33444

PURCHASING AND PROCUREMENT DEPARTMENT

INVITATION TO BID CONSTRUCTION

ITBC NO.: 2026-043

WATER TREATMENT PLANT 4 LOG, CHEMICAL SYSTEM AND SCADA IMPROVEMENTS

DUE DATE AND TIME NOVEMBER 4, 2026 @ 2:00 PM., (LOCAL TIME)

INSTRUCTIONS

Sealed 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 submittals for this Invitation to Bid Construction (ITBC). ITBC’s will be accepted through a secure mailbox at BidNet Direct www.bidnetdirect.com//cityofdelraybeachuntil the Due Date and Time indicated in this ITBC. Bidnet Direct does not accept electronic Proposals after the Due Date and Time. It is the sole responsibility of the Proposer to ensure its electronic ITBC submission is complete prior to the solicitation Due Date and Time. Electronic submission of Proposals 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.

If the Solicitation Summary form is not included, the City may deem the Bid non-responsive. Proposals 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 webpage on the City of Delray Beach website; and (c) Request via email;

thompsonc@mydelraybeach.com.

Proposers who obtain solicitations from sources other than those named above are cautioned that the Request for Proposals package may be incomplete. The City will not evaluate incomplete Proposal packages. Periscope S2G is an independent entity and is not an agent or representative of the City.

Communications to independent entities do 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.

CONTACT

Any questions regarding the specifications and Solicitation process must be submitted in writing through the “Question” feature on www.bidnetdirect.com//cityofdelraybeach. Requests for clarification and additional information must be received prior to the deadline for Submission of Questions on October 9, 2026 @ 5:00 PM., (LOCAL TIME).

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The City of Delray Beach

100 N.W. 1st Avenue

LEGAL ADVERTISEMENT

INVITATION TO BID CONSTRUCTION

ITBC NO.: 2026-043

DUE DATE AND TIME: NOVEMBER 4, 2026 @ 2:00 PM., (LOCAL TIME)

The City of Delray Beach, Florida (“City”) is seeking bids from qualified firms for the installation of baffle walls, analyzers and chemical bulk storage tanks, SCADA/instrumentation improvements and other miscellaneous work at the Water Treatment Plant in accordance with the terms, conditions, and specifications contained in this Invitation to Bid Construction.

Invitation to Bid Construction documents are available beginning September 20, 2026, on the Purchasing and Contract Administration Division’s webpage of the City of Delray Beach website at:

https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations

Documents may also be obtained via BidNet at www.bidnetdirect.com//cityofdelraybeach, by contacting the City Purchasing and Procurement Department at thompsonc@mydelraybeach.com or by phone at

(561) 243-7163.

Bids will be accepted through a secure mailbox at Periscope S2G until the Deadline for Submission as indicated in this ITBC (www.bidnetdirect.com//cityofdelraybeach). The Due Date and Time for submission of submittals is November 4, 2026, @ 2:00 P.M., (LOCAL TIME). Late Proposals will not be accepted. The City will only accept electronic Proposals for this ITBC.

The City will hold a Non-Mandatory Pre-Bid Conference & site visit on October 5, 2026, 9:00 AM (LOCAL TIME) at: 434 S Swinton Avenue, SOC Training Room Delray Beach, FL 33444

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

The City of Delray Beach is exempt from Federal and State Taxes for tangible personal property tax.

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

TABLE OF CONTENTS

SECTION 1: INSTRUCTIONS TO BIDDERS……………………………………………………………………………. xx

SECTION 2: PROPOSAL……………………………………………………………………………………………………… xx

SECTION 3: AGREEMENT……………………………………………………………………………...…………………… xx

SECTION 4: SCOPE OF WORK AND LIST OF EXHIBITS…………………………………………..……………… xx

SECTION 5: STANDARD GENERAL CONDITIONS…………………………………………………………………. xx

SECTION 6: SOLICITATION SUMMARY……………………………………………………………………………….. xx

EXHIBITS: ………………………………………………………………………………………………………………………. xx

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’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 and Contract Administration Division.

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 constructing a minimum of three (3) similar projects since 2019, with a minimum contract value of $1,000,000 that had the following components: new PLCs installation and programming, SCADA system, new servers, new firewalls, water quality online analyzers, instrumentation, and water tank(s) inside improvements by using divers (water tank in use and online); per the construction documents.

Provide the following information for the three (3) 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.

4. Examination of Contract Documents and Site.

4.1. In submitting a Bid, the Bidder represents that it has examined the location of the proposed Work, by thorough examination of the Contract Documents, requirements of the Work and the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a bid dispute or complain of such estimate nor the nature or amount of work to be done. The Bidder further represents and warrants that it has visited the site, become familiar with local conditions under which the Work must be performed and has correlated its personal observations with the requirements of the Contract Documents.

4.2. 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 himself 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 reflected in the Contract Documents with respect to Underground

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.

4.4. Reference may be made to the Technical Specifications for the Identification of:

4.4.1. Those reports of exploration and tests of subsurface conditions at the site which have been utilized by CONSULTANT in preparation of Contract Documents.

Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction.

4.4.2. Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by CONSULTANT in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction.

4.4.3. Copies of such reports and drawings will be made available by the CITY to any

Bidder on request. Those reports and drawings are not part of the Contract Documents, and such technical data has been identified and established in Technical Specifications.

4.5. In submitting a Bid, Bidder warrants the accuracy of the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encoun-tered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the Work of this Project. The prices established for the work to be done will reflect all costs pertaining to the Work. Any claims for extras based on substrata or groundwater table conditions will not be allowed.

4.6. By submission of its bid, Bidder affirms that he has, at his own expense, made or obtained any additional examinations, investigations, explorations, tests, and studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise, prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents and/or he has satisfied himself with respect to such conditions and he shall make no claims against the CITY or the CONSULTANT if on carrying out the Work he finds that the actual conditions do not conform to those indicated. In submitting its Bid, Bidder further warrants the accuracy of the plans and specifications with regard to all underground facilities.

4.7. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests as Bidder deems necessary for submission of his Bid. Bidder shall schedule such access in advance with the CITY.

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

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 identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by CITY unless otherwise provided in the Contract Documents.

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 and Site", 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 & site visit on October 5, 2026, 9:00 AM (LOCAL TIME) at:

434 S Swinton Avenue, SOC Training Room

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 at thompsonc@mydelraybeach.com or by phone at (561) 243-7163 at least five (5) days in advance of the scheduled conference.

5.5. All bidders must be present and signed in prior to the start of the mandatory Pre-Bid

Conference. Anyone not signed in at the commencement of the meeting will be considered late and will not be allowed to bid on the project.

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 Contract Administration Division. Interpretations or clarifications considered necessary by the Purchasing and Contract Administration Division in response to such questions will be issued by addenda mailed or delivered to all parties recorded by the Purchasing and Contract Administration Division 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.

7.1. Each Bid must be accompanied by Bid security made payable to the City of Delray Beach in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified check or cashiers check drawn upon any State or National Bank of Florida or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.1 of the General Conditions. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that Bidder, upon receipt of notification of tentative award of the contract, will enter into an Agreement with the CITY, and furnish the necessary documents including but not limited to: insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in the amount stated herein, all bonds shall be written by a surety authorized to conduct business in the State of Florida and shall have a registered agent in the State of Florida, meeting the requirements of Paragraph 6.1 of the General Conditions.

Bid Bonds issued on any form, other than those provided herein, will not be acceptable.

No bids will be considered unless accompanied by the required bid security. To submit an original bid security, in lieu of submitting an electronic bid bond using Surety 2000 through Bidnet Direct, Vendor must submit an original bid security in a sealed envelope, with the solicitation number, solicitation title, date and the time of bid opening, and address listed on the envelope. A copy of the bid security should also be uploaded into Bidnet Direct. The uploaded copy of the bid guarantee does not replace the original bid security submission requirement. Vendors must submit the original bid guarantee, by the solicitation due date and time, to: Casetra Thompson City of Delray Beach Purchasing and Procurement Department 100 NW 1st Avenue, Delray Beach, FL 33444.

7.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon the Bid security will be returned. If the apparent successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Intent to Award, the CITY may annul the Notice of Intent to Award and the Bid security of that Bidder will be forfeited. The CITY may then accept the bid of the next most qualified responsible responsive Bidder, or re-advertise for bids. If the bid of the next most qualified responsible responsive Bidder is accepted, this acceptance shall bind such Bidder as though he was the original successful Bidder. There shall be no binding contract until such time as the CITY accepts the contract and makes final award of the contract. The Bid Security of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Agreement or the ninety-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not responsive will be returned within ten (10) days after the Bid opening.

8. Contract Time.

The number of calendar days within which, or the date by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

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 to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder 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. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. 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, 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.

11.4. No more than fifty percent (50%) of the dollar value of the total contract work may be accomplished by subcontractors. Balance of work must be accomplished by selected Contractor's own forces. Each bidder must furnish with his proposal, a list of the items he proposes to sub-contract and the estimated cost of these items.

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.

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.

12.2. 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 and the Bid Security will be returned. 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 and return the Bid Security 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, 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 whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the CITY.

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 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 and declare forfeiture of the bid security or good faith deposit in liquidation of all damages sustained.

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, 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.

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 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, 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. 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:

21.1. The CONTRACTOR agrees:

21.1.1. 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.

21.1.2. That he will, when feasible, assure that 25 percent of such apprentices are in their first year of training, except when the number of apprentices to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first-year apprentices, the hazardous nature of the work for beginning workers and excessive unemployment of the apprentices in their second and subsequent years of training.

21.1.3. That, during the performance of the Contract, he will make diligent efforts to employ the number of apprentices necessary to meet requirements of subparagraphs 1 and 2.

21.2. The CONTRACTOR agrees to return records of employment by trade of the number of apprentices and apprentices by first year of training and of journeymen and the wages paid and hours of work of such apprentices and journeymen, on a form as prescribed by the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities at three-month intervals. Submission of duplicate copies of forms submitted to the United States Department of Labor shall be sufficient compliance with the provisions of this section.

21.3. The CONTRACTOR agrees to supply to the Bureau of Apprenticeship of the Division of

Labor and Employment Opportunities, at three-month intervals, a statement describing steps taken toward making a diligent effort and containing a breakdown by craft of hours worked and wages paid for first-year apprentices, other apprentices and journeymen.

21.4. The CONTRACTOR agrees to insert in any subcontract under this Contract the requirements contained in this section. The term "Contractor", as used in such clauses and any subcontract, shall mean the subcontractor."

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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 Bidders 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 and Contract Administration Division Office.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. Protests.

34.1 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.

34.2 Protest Filing

34.2.1 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.

34.2.2 Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is…