hollywood Water_Treatment_Plant_Maintenance_Package_A_Degasifier_Package_(Project_No._25-4261A).pdf

INVITATION FOR BID

IFB-395-26-JM

WATER TREATMENT PLANT MAINTENANCE

PACKAGE ‘A’ DEGASIFIER PACKAGE (PROJECT NO.

25-4261A)

FOR THE

CITY OF HOLLYWOOD, FLORIDA (CITY)

IFB Issue Date: September 9, 2026

Questions Due Date: September 29, 2026

Submittal Due Date: October 14, 2026, 3:00 pm

City of Hollywood

IFB-395-26-JM

Water Treatment Plant Maintenance Package ‘A’ Degasifier

Package (Project No. 25-4261A)

TABLE OF CONTENTS

1. SUMMARY

2. INTRODUCTION

3. SPECIAL TERMS AND CONDITIONS

4. SCOPE OF WORK/SERVICES

5. BID SUBMISSIONS

6. PRICING (BID FORM)

7. GENERAL TERMS AND CONDITIONS

Attachments:

A - Attachment A_-_Maintenance Package Vol 1 of 2

B - Attachment_B_-_General_Conditions_PU

C - Attachment_C_-_Supplementary_Gen_Cond

D - Attachment D - Maintenance Package Vol 2 of 2

1.1. SUMMARY

1.1.1. Summary

The Work to be performed under this Contract consists of constructing the Work shown in the

Contract Documents and described below. This Work consists of all the improvements, and all related appurtenances, incidentals, and General Conditions. The Work is generally described as follows:

Replacement of packing media in three degasifiers (units 2, 3, and 4) with additional servicing of the units, including power washing of the vessel interiors, repairs, replacement of media support grids, replacement of the differential pressure gauges, vessel disinfection, and resealing of the access doors. The Work shall be performed one unit at a time while maintaining the operation of the other degasifier units.

The Work is located at the following address:

City of Hollywood Water Treatment Plant 3441 Hollywood Boulevard Hollywood, Florida 33021

Contracting Method: Work shall be constructed under one prime contract.

1.1.2. Background

The City of Hollywood is a beachfront community located in southeastern Broward County midway between Miami and Fort Lauderdale. Founded by Joseph Young in 1925, Hollywood is approximately 30 square miles in size and is Broward’s third-largest municipality with a population of roughly 153,000 residents. Hollywood has an average annual high temperature of 83 degrees and low temperature of 68 degrees.

Hollywood is home to more than 60 parks, seven golf courses, seven miles of pristine beaches, and the one-of-a-kind Hollywood Beach Broadwalk, a promenade that stretches nearly 2.5 miles along the Atlantic Ocean. Named one of America's Best Beach Boardwalks by Travel + Leisure magazine, this brick-paved thoroughfare hosts pedestrians, joggers, bicyclists, rollerbladers, and millions of others every year. Dozens of eateries and inns line the Broadwalk and the promenade also features the Hollywood Beach Theatre, a children’s water playground at Charnow Park, and many other attractions. Hollywood Beach also offers dozens of luxury resort hotels and condominiums such as the Margaritaville Hollywood Beach Resort, Hyde Resort & Residences and Hollywood Beach Marriott. In addition to many independently owned and operated boutique inns and vacation properties.

Hollywood has steadily grown into a dynamic business hub with more than 10,000 companies in the City. Approximately 80 percent of Port Everglades, the world’s second-busiest cruise port, is located in Hollywood and the port is home to Royal Caribbean’s Allure of the Seas and Oasis of the Seas, the largest cruise liners in the world. Hollywood also provides easy access to Fort

Lauderdale/Hollywood International Airport and Miami International Airport, a major gateway to

Latin America. Hollywood also is home to the Memorial Healthcare System, the nation's fifth-largest healthcare network, its flagship hospital, Memorial Regional, and the Joe DiMaggio

Children's Hospital, the largest free-standing children's healthcare facility in Broward County.

1.1.3. Contact Information

Project Contact:

Juan Figueroa Senior Project Manager 1621 N. 14th Avenue Hollywood, FL 33022 Email: jfigueroa@hollywoodfl.org Phone: (954) 921-3930

Procurement Contact:

Julissa Marcano Senior Purchasing Agent 1621 N 14th Ave Hollywood, FL 33020 Email: jmarcano@hollywoodfl.org Phone: (954) 710-9956

Department:

Public Utilities

1.1.4. Timeline

Release Project Date September 9, 2026

Pre-Bid Meeting (Non-Mandatory) September 23, 2026, 9:00am

City of Hollywood Water Treatment Plant, Office Building (Main entrance at N 35th Avenue) 3441 Hollywood Boulevard Hollywood, Florida 33021

Question Submission Deadline September 29, 2026, 5:00pm

Bid Submission Deadline October 14, 2026, 3:00pm

1.2. INTRODUCTION

1.2.1. Purpose

The City of Hollywood, Florida (City) is seeking bids from qualified and experienced contractors, hereinafter referred to as the Contractor or Bidder, to replacement of packing media in three degasifiers (units 2, 3 and 4) with additional servicing of the units including power washing of the vessel interiors, repairs, replacement of media support grids, replacement of the differential pressure gauges, vessel disinfection and resealing of the access doors for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Wednesday, October 14, 2026, by 3:00 pm, and will be opened in a virtual public setting on October 14, 2026, at 3PM EST.

Submittals shall be received electronically through OpenGov, the City's eProcurement Portal

("Portal").

Submittals shall be considered a bid on the part of the bidder, which bid shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids, to waive irregularities and technicalities, and request new bids The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city.

Submission of a bid shall serve as prima facie evidence that the Bidder has examined this solicitation and is fully aware of all conditions affecting the provision of services and the evaluation criteria and scoring methodology as set forth in this solicitation document.

1.2.2. Pre-bid Conference and/or Site Visit (Non-Mandatory)

There will be a non-mandatory pre-bid conference and/or site visit scheduled for this solicitation.

It is strongly suggested that all Contractors attend the non-mandatory pre-bid conference and/or site visit to receive information that may be critical to their understanding of this solicitation.

Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance.

Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.

1.2.3. OpenGov ("Portal")

The City of Hollywood uses OpenGov, the e-Procurement Portal (“Portal”)

(https://procurement.opengov.com/portal/hollywoodfl) to administer the competitive solicitation process, including but not limited to soliciting bids/proposals, issuing addenda, posting results and issuing notification of an intended decision.

The City shall not be responsible for a Bidder's/Proposer’s inability to submit a bid/proposal by the bid/proposal end date and time for any reason, including issues arising from the use of the

Portal.

1.2.4. Point of Contact

For information concerning procedures for responding to this solicitation, contact the Point of

Contact within the Office of Procurement Services, Julissa Marcano, Senior Purchasing Agent at jmarcano@hollywoodfl.org or by phone at (954) 710-9956, or Jean Joinville, Procurement

Manager, at jjoinville@hollywoodfl.org or by phone at 954-921-3290. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Tuesday, September 29, 2026, by 5:00 pm, in order to receive a timely response.

Project Manager: Juan Figueroa, Senior Project Manager, Public Utilities, email:

jfigueroa@hollywoodfl.org, or by phone: (954) 921-3930.

For information concerning technical specifications, please utilize the question / answer feature provided by OpenGov at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule.

Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the OpenGov site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in OpenGov shall become part of any contract that is created from this solicitation.

It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through the Portal at https://procurement.opengov.com/portal/hollywoodfl

1.2.5. Cone of Silence

The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created

Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services.

The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a

Formal Solicitation is open.

The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information.

The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation.

The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the

City Attorney’s designee on those procurement items to be considered by the City Commission.

The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-bid conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting.

The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation.

To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view

Section 30.15F

All communications regarding this bid should be sent in writing to the Procurement and

Performance Management Division as identified in this bid.

1.3. SPECIAL TERMS AND CONDITIONS

1.3.1. Addenda, Changes, and Interpretations

It is the sole responsibility of each contractor to notify the Point of Contact utilizing the question / answer feature provided by OpenGov and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed, or the solicitation process will be answered within the question / answer feature provided by

OpenGov and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to OpenGov as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued.

1.3.2. Dimensions, Quantities and Subsurface Information

Dimensions, quantities, and subsurface information supplied by the City are in no way warranted to indicate true amounts or conditions. Bidders/Contractors shall neither plead misunderstanding or deception nor make claims against the City if the actual amounts, conditions, or dimensions do not conform to those stated. Any "Outside" reports made available by the Engineer are neither guaranteed as to accuracy or completeness, nor a part of the Contract Documents.

1.3.3. Trench Safety Form

The Trench Safety Form included in the Bid Documents must be completed and signed.

Noncompliance with this requirement may invalidate the bid.

1.3.4. Changes and Alterations

Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline.

1.3.5. Bidder’s Costs

The City shall not be liable for any costs incurred by Bidders in responding to this solicitation.

1.3.6. Pricing/Delivery

All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in the #SCOPE OF WORK/SERVICES section.

1.3.7. Price Validity

Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and

Bidder.

1.3.8. No Exclusive Contract

Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.

1.3.9. Responsive

In order to be considered responsive to the solicitation, the contractor’s bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance.

1.3.10. Responsible

In order to be considered as a responsible bidder, bidder shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance.

1.3.11. Minimum Qualifications

To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the #SCOPE OF

WORK/SERVICES section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. Bidder must possess and be able to provide the City with any and all required Federal, State, County and/or municipal licenses, and occupational licenses. Bidder must be able to provide proof of valid licensing for all subcontractors and/or material suppliers hired by the contractor, if requested. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City.

1.3.12. Award of Contract

Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible bidder, quoting the lowest price, for that product/service that will best serve the needs of the City.

The Contract will be awarded only to a Bidder, who in the opinion of the Engineer, is fully qualified to undertake the work, quoting the lowest price, for that product/service that will best serve the needs of the City. The City reserves the right before awarding the Contract to require a Bidder to submit such evidence of his qualifications as it may deem necessary and may consider any available evidence of his financial status, technical qualifications, and other qualifications and abilities.

The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City.

As applicable, the City shall comply with Section 287.05701, Florida Statutes, in not considering or giving preference for an award based on a vendor’s social, political, or ideological interest.

The City, in all solicitations or advertisements for purchasing of goods, supplies, materials, equipment and services, will receive consideration from qualified businesses without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

1.3.13. Execution Of Contract

The Bidder awarded the Contract shall, within ten days from the date of award, execute all required documents and submit them electronically, complete with valid signatures and seals.

A. The Contract B. Performance and Payment Bond C. Evidence of required Insurance D. Proof of authority to execute the Contract E. Proof of authority to execute the Bond on behalf of the Awardee F. List of Subcontractors, estimated Contract Value for each and proof that such subcontractors possess all required Federal, State, County and/or municipality licenses, including but not limited to certified of competency and occupational license

The above documents must be furnished, executed and delivered before the Contract will be executed by the City. The Contract shall not be binding upon the City until it has been executed by the City and a copy of such fully executed Contract is delivered to the Contractor.

1.3.14. Failure To Execute Contract, Bid Guaranty Forfeited

Should the Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Section 2.13 above within ten (10) days after Notice of Award, the additional time in days (including weekends) required to CORRECTLY complete the documents will be deducted, in equal amount, from the Contract Time, or the City may elect to revoke the Award. The Bid

Guaranty of any Bidder failing to execute the awarded Contract shall be retained by the City and the Contract awarded as the Commission desires.

1.3.15. Manufacturer/Brand/Model Specific Request

In the event of a manufacturer/brand/model specification. No substitutions will be allowed unless specified in Section: SCOPE OF WORK/SERVICES.

1.3.16. Permits and Fees

The Contractor and Subcontractors must obtain Building Permits required for all work covered under this contract as well as any other permit required by any other regulatory agency. The

Master Building Permit required by the City shall be obtained by the Contractor but paid for by the

City. Any and all other permits required by the City, County, State of Florida, or other regulatory agency shall be obtained and paid for by the Contractor.

The Contractor or Subcontractors shall also be responsible to call for all inspections as required in Section 110 (Inspections) of the latest edition of the Florida Building Code.

Refer to the Technical Specifications (Section 01 22 13 Measurement and Payment)

1.3.17. Contract Security

When the awarded bidder delivers the executed contract to the City, it must be accompanied by the required bonds.

1.3.18. Contract Period

The initial contract term shall commence upon date of award by the City for a duration of Two

Hundred and Ten (210) calendar days. The City reserves the right to extend the contract providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. Refer to the Supplementary General

Conditions attached to this solicitation.

In the event services are scheduled to end because of the expiration of this contract, the

Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City.

1.3.19. Bid Guaranty

A Bid Guaranty in the form of a Cashier's Check, Certified Check or Bid Bond executed by the

Bidder and a qualified Surety in the amount of 5% of the Bid is required for this project.

1.3.20. Warranties of Usage

Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.

1.3.21. Rules and Submittals of Bids

The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder.

1.3.22. Tie Breaker

In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, (2) local Hollywood vendor preference, (3) closest proximity/location to project site or City Hall, and/or (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders.

1.3.23. Local Preference

When the lowest responsive responsible bidder is a non-Hollywood business and a responsive responsible local Hollywood vendor’s Bid is within 5% of the Bid submitted by the lowest responsive responsible bidder, the local vendor is allowed to submit a second Bid. The second bid from the local Hollywood bidder must be lower than the bid submitted by the lowest responsive and responsible non-Hollywood bidder by at least 1% in order for the bid to be awarded to the local Hollywood bidder. If more than one responsive and responsible local Hollywood vendor is within 5%, each would be permitted to submit a best and final offer and the local Hollywood vendor submitting the lowest bid will be awarded the contract; provided, however, if none of the local

Hollywood vendors bids are lower than the lowest responsive and responsible non-Hollywood bidder by at least 1%, the non- Hollywood bidder will be awarded the contract.

1.3.24. Contracting with Entities of Foreign Countries

By responding to this solicitation, your entity certifies and attests under penalty of perjury to not being a “foreign country of concern" as defined under Sections 287.138 and 692.202, Florida

Statutes, and compliance with all regulations within the statutes.

1.3.25. Federal Procurement Standards

This solicitation shall be subject to Federal procurement standards as defined under Sections

200.317 through 200.327 of the Code of Federal Regulations (CFR) if funded by a Federal award, including all contract provisions/clauses under Section 200.327 of the CFR.

1.3.26. Conflict of Interests Prohibited

Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of

Hollywood, City Clerk's Office at 954-921-3299.

1.3.27. Protest Procedure

Any respondent who is not recommended for award of a contract and who alleges a failure by the

City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s

Procurement Code within five days after a notice of intent to award is posted on the City’s web site, OpenGov, City Clerk’s Office, Open Government, and/or City’s Sunshine Board

(https://www.hollywoodfl.org/Archive.aspx?AMID=140).

1.3.28. Insurance Requirements

Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances:

All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Owner. All companies be rated a minimum A-VII, as per A.M. Best Company’s Key Rating Guide, latest edition.

Any sub-contractor shall supply such similar insurance required of the Contractor. Such certificates shall name the City as additional insured on the general liability and auto liability policies.

The Contractor shall furnish certificates of insurance to Risk Management for review and approval prior to the execution of this agreement. No failure to renew, material change or cancellation of, the insurance shall be effective without a 30-day prior written notice to and approval by the Owner.

A. COMMERCIAL GENERAL LIABILITY:

Prior to the commencement of work governed by this contract, the Contractor shall obtain

General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum:

a. Premises Operations

b. Products and Completed Operations

c. Personal & Advertising Injury

d. Damages to rented premises

The minimum limits acceptable shall be:

$1,000,000 Each Occurrence / $2,000,000 General Aggregate

The City of Hollywood shall be named as an Additional Insured in the Description of

Operations Box.

The City of Hollywood must be the certificate holder per the following format:

City of Hollywood (Nothing else on this line)Public Utilities1621 N. 14th

AvenueHollywood, FL 33022

I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.

Initial _________ Date __________

B. COMMERCIAL AUTOMOBILE LIABILITY:

Recognizing that the work governed by this contract requires the use of vehicles, the

Contractor, prior to the commencement of work, shall obtain Vehicle Liability

Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for:

I. Owned, Non-Owned, and Hired Vehicles II. The minimum limits acceptable shall be:

III. $500,000 Combined Single Limit

The City of Hollywood shall be named as Additional Insured in the Description of Operations

Box.

City of Hollywood (Nothing else on this line) Public Utilities 1621 N. 14th Avenue Hollywood, FL 33022

I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.

Initial _________ Date __________

C. WORKERS' COMPENSATION / EMPLOYERS LIABILITY:

Prior to the commencement of work governed by this contract, the contractor shall obtain

Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues.

In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:

$500,000 bodily injury by accident $500,000 bodily injury by disease, each employee $500,000 bodily injury by disease, policy limit

I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.

Initial _________ Date __________

D. POLLUTION LIABILITY

The minimum limits acceptable shall be:

$1,000,000 Each Occurrence / $2,000,000 General Aggregate

I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.

Initial _________ Date __________

Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City.

Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the

City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect.

The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception.

The City reserves the right to require additional insurance in order to meet the full value of the contract.

Contractor waives, and Contractor shall ensure that Contractor’s insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to

Recover from Others or equivalent.

Contractor shall ensure that Contractor’s insurance policy is primary and non-contributary.

The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures.

I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.

Initial _________ Date __________

1.3.29. Uncontrollable Circumstances (Force Majeure)

The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that:

1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure;

2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and

3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and

4. The non-performing party uses its best efforts to remedy its inability to perform.

Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section.

1.3.30. Supplier Portal (Oracle) Payment Method

The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information.

Contractors are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information.

1.3.31. Debarred or Suspended Bidders or Proposers

Contractor(s) certifies/certify, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency.

1.3.32. Payment and Performance Bond

A Performance Bond and a Payment Bond each equal to 100 percent of the total Bid will be required of the Awardee. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least "A", Class X, in the latest edition of "Best's Key Rating

Guide", published by A.M. Best Company. As per Florida Statute Section 255.05, the Contractor shall be required to record the payment and performance bonds in the public records of Broward

County.

1.3.33. Public Records

1. Public Records/Trade Secrets/Copyright:

All responses will become the property of the City. The Contractor’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public

Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida

Statutes.

Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to

Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida

Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.

The Consultant must specifically identify the exemption being claimed under Florida

Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the

City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected.

EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE

SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE

SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR

RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED.

2. PUBLIC RECORDS GENERAL

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT CITY CLERK’S OFFICE, 2600 HOLLYWOOD BOULEVARD,

HOLLYWOOD, FLORIDA 33020 OR AT (954) 921-3211,

PCERNY@HOLLYWOODFL.ORG.

• Consultant shall:

o Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service.

o Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes.

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

o Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the

Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements.

1.4. SCOPE OF WORK/SERVICES

1.4.1. Project Description

Scope:

1. CONTRACTOR shall provide all labor, equipment, materials, and incidentals as required to replace the packing media and supports in 3 existing degasifiers (units 2, 3, and 4) to restore the forced draft fiberglass Degasifiers to satisfactory operational condition for the removal of carbon dioxide and hydrogen sulfide from the water process, with all appurtenances for proper operation as specified.

2. The replacement would consist of existing media being removed and disposed of, power washing of the interior, removal and replacement of packing supports and repairs as needed, and the replacement of the differential pressure gauge systems.

3. CONTRACTOR shall inspect the existing degasifiers and make recommendations for their repair and rehabilitation. The CONTRACTOR and/or its designated subcontractor shall rehabilitate and make repairs in accordance with the inspector’s findings. At a minimum, repairs shall include but not be limited to the repair of packing supports, cleaning and disinfecting of the tower internals, and repairs to prevent process air from exhausting into the clearwell or process water from leaking.

General:

1. CONTRACTOR shall be completely responsible for the proper operation and functions of the Degasifier System herein specified. CONTRACTOR shall be responsible for the coordination of all interfaces to return units to the required Degasifier System operation.

2. In this Section, the words FRP pipe and duct are used interchangeably as are vessel and tank, as are Degasifier and Decarbonator.

1.4.2. Technical Specifications

Refer to the following attachments:

A - Attachment A_-_Maintenance Package Vol 1 of 2

B - Attachment_B_-_General_Conditions_PU

C - Attachment_C_-_Supplementary_Gen_Cond

D - Attachment D - Maintenance Package Vol 2 of 2

1.4.3. Contractor Qualifications

The contract will be awarded only to a responsive contractor qualified by experience to do the

Work specified. The bidder shall submit, prior to award of contract, satisfactory evidence of his experience in like Work and that he is fully prepared with the necessary organization, capital, equipment and machinery to complete the Work to the satisfaction of the City within the time limit stated. In addition to the above, the Contractor shall satisfy the following criteria:

• Contractor with a project manager with experience of five (5) years in similar projects (3 projects minimum).

Form 15 – Information Required from Bidders shall be completed fully and accurately by the

Contractor and submitted with the bid. Information included on the questionnaire will be used in evaluating the qualifications of the Contractor. The City reserves the right to request additional information not identified on the questionnaire.

Any one of the following causes, among others, may be considered as sufficient justification to disqualify a bidder and reject his or her bid:

A. Submission of more than one bid for the same work by an individual, firm, partnership or corporation under the same or different names.

B. Evidence of collusion.

C. Previous participation in collusive bidding on work for the City of Hollywood, Florida.

D. Submission of an unbalanced bid in which the prices bid for some items are out of proportion to the prices bid for other items.

E. Lack of competency. The Bidder shall provide proof that their past experience can demonstrate similar complexity and size compared to this contract. The Engineer may declare any bidder ineligible, at any time during the process or receiving bids or awarding the contract, if developments arise which, in his opinion, adversely affects the bidder's responsibility. The Bidder will be given an opportunity, by the engineer, to present additional evidence before final action is taken.

F. Lack of responsibility as shown by past work judged by the Engineer from the standpoint of workmanship and progress.

G. Non-compliance with the City’s Local Preference (when applicable).

H. Uncompleted work for which the Bidder is committed by Contract, which is in the judgment of the Engineer, might hinder or prevent the prompt completion of work under this Contract.

I. Being in arrears on any existing Contracts with the City, or any taxes, licenses or other monies due the City; in litigation with the City or having defaulted on a previous contract with the City.

1.4.4. Deliverable and Objectives

Refer to the following attachments:

A - Attachment A_-_Maintenance Package Vol 1 of 2

B - Attachment_B_-_General_Conditions_PU

C - Attachment_C_-_Supplementary_Gen_Cond

D - Attachment D - Maintenance Package Vol 2 of 2

1.4.5. Project Schedule / Timeline

Refer to Section 1, Project Schedule, in the following attachment:

C - Attachment_C_-_Supplementary_Gen_Cond

1.4.6. Questions

Refer to Form 15, Information Required from Bidders.

1.5. BID SUBMISSIONS

The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance.

1.5.1. VENDOR REFERENCE FORM*

Please download the below documents, complete, and upload.

• Vendor_Reference_Form_(Fill...

*Response required

1.5.2. HOLD HARMLESS AND INDEMNITY CLAUSE*

I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract.

☐ Please confirm

*Response required

1.5.3. NON-COLLUSION STATEMENT*

I , being first duly sworn, depose that:

1. He/she is an authorized representative of the Company, the Bidder/Offeror that has submitted the attached Bid/Proposal.

2. He/she has been fully informed regarding the preparation and contents of the attached

Bid/Proposal and of all pertinent circumstances regarding such Bid/Proposal;

3. Such Bid/Proposal is genuine and is not a collusion or sham Bid/Proposal;

4. Neither the said Bidder/Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other

Bidder/Offeror, firm or person to submit a collusive or sham Bid/Proposal in connection with the contractor for which the attached Bid/Proposal has been submitted or to refrain from bidding/proposing in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Offeror, firm or person to fix the price or prices, profit or cost element of the

Bid/Proposed price or the Bid/Proposed price of any other Bidder/Offeror, or to secure an advantage against the City of Hollywood or any person interested in the Contract; and

5. The price or prices quoted in the attached Bid/Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the

Bid/Proposal or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

☐ Please confirm

*Response required

1.5.4. CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS*

The applicant certifies that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

☐ Please confirm

*Response required

1.5.5. DRUG-FREE WORKPLACE PROGRAM*

1. IDENTICAL TIE BID/PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

☐ Please confirm

*Response required

1.5.6. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY *

Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.”

The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor,…