ITB#_202536_Purchase_of_Submersible_Pumps_and_Control_Panel_to_Upgrade_Pump_Station_#22_-_RE-BID_(Addendum_#1_Revision).pdf

202536 Page 1

INVITATION TO BID

FOR

ITB# 202536 PURCHASE OF SUBMERSIBLE PUMPS AND

CONTROL PANEL TO UPGRADE PUMP STATION #22 -

RE-BID

202536

Submittal Due Date:

Tuesday, September 30, 2025 at 2:00 pm, EST

Non-Mandatory Pre-Submittal Meeting:

Tuesday, September 16, 2025, EST

ISSUED BY:

Procurement & Contract Services Department

450 SE 6th Avenue Homestead, FL 33030

Date Issued: Friday, September 5, 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

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TABLE OF CONTENTS

1. INTRODUCTION

2. SPECIAL TERMS & CONDITIONS

3. GENERAL CONDITIONS

4. SCOPE OF WORK

5. METHOD OF AWARD

6. INSURANCE REQUIREMENTS

7. FEDERAL PROVISIONS

8. PRICING

9. SUBMITTALS

Attachments:

A - Sewage Pumps Specifications (Section 11192)

B - Control Panel Specifications (Section 16900)

C - PS22 Drawings (Pumps and Control Panel)

D - PS 22 Upgrades Bid Set Drawings (8-15-25)

E - PS 22 Upgrades Bid Set Specifications (7-22-25)

F - B-24-CP-FL-0624_FY24_CPF_Grant_Agreement_v1_signed

G - Buy America Preference Certification

H - Federal Contract Provisions

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1. INTRODUCTION

1.1. Summary

The purpose of this Invitation to Bid is to establish a contract, by means of sealed bids, to obtain a qualified vendor to purchase, furnish and deliver three (3) submersible pumps, motors accessories and associated services and one (1) control panel, accessories and associated services.

The scope of work includes all necessary services where the selected vendor will include shop drawing preparation, fabrication, equipment delivery to upgrade Pump Station #22 located at 801

E. Mowry Drive.

This project is federally funded through U.S. Department of Housing and Urban Development

(HUD). All procurement and contracting for these services shall follow state and federal regulations including, but not limited to, 2 CFR Part 200; 24 CFR Part 85; 24 CFR Part 75, 24

CFR Part 570.489, 570.490, 570.502, 570.506, 570.508 & 570.509, 570.609. The Contractor shall comply with all federal requirements pursuant to Agreement No, B-24-CP-FL-0624 between the

U.S. Department of Housing and Urban Development (HUD) and the City of Homestead.

1.2. Background

The City was awarded federal funds from the U.S. Department of Housing and Urban

Development (HUD) to upgrade Pump Station #22 located at 801 E. Mowry Drive. The awarding agency authorized the City to purchase equipment to be furnished to the contractor (upon selection) to install which will assist in speeding up the project due to the current state of emergency.

The project will improve an existing wastewater pump station to meet the growing operational and resiliency needs of the community. Improvements to the pump station, which serves a 200-acre area with approximately 10,000 residents and countless businesses, is critical in maintaining the effectiveness of the City’s wastewater collection and treatment system. Once complete, the station will efficiently and reliably move sewage to the nearby treatment plant, where it will be treated before being directed back into the ground. In addition, considerations such as sea-level rise were incorporated to ensure the facility would have long-term protection. The facility was identified as a priority due to the importance of the overall wastewater system, above-capacity operations, and current conditions that make the station vulnerable to flooding.

The triplex 35HP station is one facet of the Pump Station #22 operations and shall include the control panel as well.

1.3. Contact Information

Lilia Jaimes-Renteria, CPPB, NIGP-CPP

Buyer II

100 Civic Court

Homestead, FL33030

Department: Public Works & Engineering

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1.4. Timeline

Release Project Date: September 5, 2025

Pre-Bid Meeting (Non-Mandatory): September 16, 2025, 10:00am

Agenda

A NON-MANDATORY pre-proposal conference will be held on the date and time listed above. in the Procurement & Contract

Services Department conference room located at 450 SE 6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-proposal conference. You may submit questions via the Questions & Answer tab.

Virtual Option Meeting Link:

Microsoft Teams

Join the meeting now

Meeting ID: 258 021 342 783 6

Passcode: X5gX9mv6

Dial in by phone

+1 929-346-7292,,75299675#

Phone conference ID: 752 996 75#

For organizers: Meeting options | Reset dial-in PIN

Question Submission Deadline: September 23, 2025, 5:00pm https://government-project.s3.amazonaws.com/195978/29538fcf-ae14-4135-b1fe-0aefba4ad3b5_202536-ITB_Meeting_Agenda.pdf

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Submission Deadline: September 30, 2025, 2:00pm

JOIN THE VIRTUAL BID OPENING:

Microsoft Teams

Join the meeting now

Meeting ID: 250 504 957 769

Passcode: yB2gx2jz

Dial in by phone

+1 929-346-7292,,447363336#

Phone conference ID: 447 363 336#

For organizers: Meeting options | Reset dial-in PIN

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

Committee of the Whole (COW): Tentative: November 11, 2025

Council: Tentative: November 19, 2025

2. SPECIAL TERMS & CONDITIONS

2.1. SOLICITATION INFORMATION:

The City’s Procurement and Contract Services Department is the official source to obtain information relating to City of Homestead procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:

Solicitation documents are available for download from the City's e-Procurement Portal

("Portal"): https://procurement.opengov.com/portal/cityofhomestead

You may also contact the Procurement and Contract Services Department at (305) 224-4620 or visit us during normal business hours, to obtain award information and other documents at:

City of Homestead

Procurement and Contract Services Department https://procurement.opengov.com/portal/cityofhomestead

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450 SE 6th Avenue

Please remember, email notification is provided as a courtesy to our Respondents, but it is the

Respondent's responsibility to check with the City of Homestead’s Portal at:

https://procurement.opengov.com/portal/cityofhomestead for current solicitations and other procurement information.

We appreciate your interest in doing business with the City of Homestead.

2.2. PROJECT LOCATION:

801 E. Mowry Drive

2.3. PLANS:

Refer to Attachment A for full set of plans.

2.4. SITE INSPECTION:

Prior to submitting a bid, the bidder is required to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions.

2.5. RESPONSE TIME FOR TRAINING AND SET UP OF EQUIPMENT:

The vendor agrees to provide all necessary training, instruction on installation and set up services after the delivery of the equipment. The response time for such services, including training is expressly understood that this service response time applies exclusively to the training service-related components of the bid and does not affect or alter the 180-day maximum delivery timeframe for the furnishing of the equipment. The vendor shall ensure that all services related to the training commence within one (1) week of notice.

2.6. DELIVERY TIME:

Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in Section 9

(#9 Delivery Time). Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.

Bidders shall specify in Section 9 Submittals the estimated delivery time (in calendar days) for each item. The delivery time should be your best estimate, as orders will be placed based on that information.

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The contract shall remain active and in full force until the completion of all service obligations, including setup, startup, and training services. These services must be provided by the vendor within one year from the effective date of the contract, unless otherwise extended due to unforeseen delays or scheduling conflicts. In the event that the vendor has not provided the required services within the specified one-year period, the contract may be extended on a month-to-month basis, at the discretion of the purchaser, until such services are completed.

The vendor acknowledges that the contract may be extended beyond the initial one-year period to accommodate unforeseen delays or other factors that may affect the delivery or provision of services. This could include delays due to construction schedules, unforeseen design changes, or other causes outside the vendor’s control. Extensions will be agreed upon in writing by both parties.

As part of this contract, the vendor acknowledges that a wage escalation clause may be applied in the event that the contract extends beyond three years. This escalation will be calculated based on industry-standard rates and documented increases in wages, subject to mutual agreement at the time of the extension.

2.7. COMPLETION TIME:

INTENTIONALLY OMITTED.

2.8. LIQUIDATED DAMAGES:

If the successful Bidder fails to deliver equipment within the specified delivery time, it is understood that .3% per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time.

This is imposed as liquidated damages not as a penalty in recognition of the difficulty in ascertaining actual damages.

2.9. REFERENCES:

Each Bid must be accompanied by a list of references [minimum of six], of clients or government organizations for which the Bidder is currently furnishing or has furnished similar services.

References shall include the name of the company, a contact person, telephone number, fax number, and email address.

In addition, Bidders are requested to provide their clients with the Reference Questionnaire forms attached herein, and Bidder shall include completed client reference questionnaire forms with their bid. It is the responsibility of the Bidder to ensure timely responses and the return of the questionnaires from their client references. Each bid must have a minimum of three (3) of the six

(6) references required complete the attached reference questionnaire. Only forms completed by the client references themselves will be considered. NO BID WILL BE CONSIDERED

WITHOUT THIS LIST OR COMPLETED QUESTIONNAIRES.

The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data.

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2.10. HOURLY RATE I & II

INTENTIONALLY OMITTED.

2.11. PERCENTAGE ABOVE VENDOR COST:

Bids for material, parts and supplies for additional work not included in the scope of services herein shall be submitted on a percentage above vendor cost. Evidence of said costs shall be submitted with invoice, for each repair or service call. Proof of costs shall be printed, properly identified and dated as to issuance and effectiveness.

2.12. ADDITIONS/DELETIONS OF UNITS:

Although this Solicitation identifies specific item(s) to be purchased, serviced and/or maintained, it is hereby agreed and understood that additional items may be added/deleted to/from this Contract at the option of the City, at the awarded Bid price or negotiated price.

2.13. BIDDER'S QUALIFICATIONS:

In order for bids to be considered, Bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. A Company Profile shall be provided and must include evidence and all necessary information to certify that the Bidder:

1. Maintains a permanent place of business [i.e. length of time in business];

2. Has technical knowledge and practical experience included in this scope of work [i.e.

any certifications, or training that you company goes through, along with years of experience using these products or providing these services,

3. Resume and experience of those individuals who will be assigned to this project as

Project Manager and/or Project Team;

4. Has available the organization and qualified manpower to do the work [i.e. number of employees, size of warehouse, office, location];

5. Has adequate financial status to meet the financial obligations incidental to the work;

6. Has not had just or proper claims pending against him or his work;

7. List of any pending or past litigation including all its principals and officers with the

City.

8. Has installed and serviced similar type, size and complexity of such project, evidence will consist of listing the nature of work for each of the last five (5) years.

Complete and include as part of this Section 9, the Bidder Qualifications form provided in

Section 9 #7.

Must be registered, active in SAM.gov.

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Failure to comply with the provisions of this Section 2.13 at the time this bid is submitted, shall render the Bid non-responsive.

2.14. PAYMENT:

Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. All Bid prices must be F.O.B./C.I.F. destination, freight prepaid

Homestead, Florida with delivery to the location specified at the time of order.

All invoices must reference the purchase order number issued by the City. No work shall be performed without issuance of a Purchase Order.

2.15. ADDITIONAL WORK:

In the event additional work requested is not covered in the bid line items then Contractor will be asked to supply a proposal task order with scope of work details, pricing, schedules, deliverables and not to exceed dollar amount unless authorized by the City contract representative.

2.16. AVAILABILITY OF FUNDS:

It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this contract.

2.17. SUBCONTRACTOR:

All successful Bidders/respondents on City contracts in which subcontractors may be used shall provide a detailed statement of their policies and procedures for awarding subcontracts which:

A. Notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract;

B. Invites local subcontractors to submit bids in a practical, expedient way;

C. Provides local subcontractors’ access to information necessary to prepare and formulate a subcontracting bid;

D. Allows local subcontractors to meet with appropriate personnel of the Bidder to discuss the Bidders requirements; and

E. Awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Bidders stated objectives.

All Bidders/respondents seeking to contract with the City shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide the required statement shall preclude the Bidder/respondent from receiving the contract.

Prospective Bidders need to furnish a list at time of Bid of all sub-contractors to be used during the construction of this project. The City of Homestead reserves the right to approve or disapprove any sub-contractor on the basis of the responses to the requirements listed below

202536 Page 10 during the term of this contract. The prime contractor must maintain and furnish a current list (to the City's Project Manager) of the following information for each sub-contractor and notify the

City of any changes to this information during the term of this contract:

A. Sub-Contractor

1. Company Name:

Company Contact Person:

Address: Phone:

Fax:

E-mail:

2. Proof of experience related to the type of work to be performed (last five years).

3. List of references from projects (up to five years in the past) and contact information of such.

4. List of any pending litigation the sub-contractor and all its principals and officer is a party to and any litigation they’ve been involved in during the past five years.

5. List of any pending or past litigation with the City.

6. List of any safety or environmental citations/violations the contractor has received in the past five years.

3. GENERAL CONDITIONS

3.1. DEFINITIONS:

When used in these Bid Documents (defined below) or in related documents, the following terms, or pronouns are used in place of them, shall have the meanings given below:

A. Addendum: A modification of the Plans, Specifications or other Contract Documents distributed to prospective Bidders prior to the opening of Bids.

B. Advertisement for Bids: The public notice inviting the submission of Bids for the work.

C. Bid: The written offer of a Bidder to perform the Work.

D. Bid Bond: A bond executed by a Bidder and its Surety in the attached form guaranteeing that the Bidder, if awarded the Contract will execute the same and will timely furnish the required Performance Bond, Payment Bond, and evidence of Insurance.

E. Bidder: Any individual, firm, partnership or corporation submitting a Bid in accordance with the Instructions to Bidders.

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F. Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid

Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special

Provisions, Technical Specifications and Plans, together with all Addenda.

G. Bid Form: The form on which Bids are submitted.

H. Calendar Day: Everyday shown on the calendar.

I. Change Order: A) A written agreement executed by the City, the Contractor and the

Contractor’s Surety, covering modifications to the Contract recommended by the

Architect/Engineer and approved by the City Manager and/or City Council. B) Any addition(s) to the Scope of Work or to a Purchase Order as a result of the Bid award that adds additional costs must be brought to the City’s attention and approved by the

Procurement Department prior to commencement of additional work, shipment of goods or the addition of unauthorized freight charges. Once approved, a Change Order will be issued to include the additional costs and work may commence and/or shipment of goods can begin. Additional costs that were not brought to the City’s attention and did not result in a Change Order approved by the Procurement Agent will not be honored.

J. Contract: The written agreement between the City and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration.

K. Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Supplemental Provisions, Technical Specifications and Plans, together with all Addenda, Change Orders, Schedules and Shop Drawings.

L. Contractor: The individual, firm, partnership, corporation or joint venture whose Bid is accepted and who enters into a Contract with the City of Homestead and who is liable for the acceptable performance of the work and for the payment of all legal debts pertaining to the Work.

M. Contract Time: The number of days allowed for completion of the Work. The Contract

Time will be stipulated in the Bid Form, unless extended by a Change Order. The

Contract Time shall be measured in Calendar Days.

N. City: City of Homestead, a municipal corporation of the State of Florida a political subdivision, Incorporated City within Miami-Dade County of the State of Florida, whose governing body is a City Council consisting of a Mayor, Vice Mayor and five City

Council members.

O. City Manager: The Manager of the City of Homestead, Florida.

P. Days: Reference made to Days shall mean consecutive calendar days.

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Q. Lessee: Any individual, partnership or corporation having a tenant relationship with the

City.

R. Liquidated Damages: The amount that the Contractor accepts, as stipulated herein, that will be deducted from the Contract Sum for each Calendar Day of delay due to a Non-excusable Delay.

S. Notice To Proceed (NTP): The written communication issued by the City to the

Contractor directing the Contractor to begin Contract work and establishing the date of commencement of the Work.

T. Owner: The term Owner as used in the Contract shall mean the City, but it excludes the regulatory departments of Development Services, Building Safety, Planning & Zoning, Development and Regulation (Building and Zoning); City Utilities, Departments of

Miami Dade County, Department of Environmental Resources Management (DERM);

Public Works, Water & Sewer, and Fire Department or their successors.

U. Performance and Payment Bonds: Bonds executed by the Contractor and his Surety, on the attached forms, assuring that the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work.

V. Plans: The drawings or reproductions thereof, prepared by the Architect/Engineer, which show the locations, character, dimensions and details of the Work to be done and which are part of the Contract Documents.

W. Project: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractor’s obligations.

X. Subcontractor: Any individual, firm, partnership, joint venture or corporation supplying the Contractor with labor, materials, supplies and equipment used directly or indirectly by the Contractor in the prosecution of the Work.

Y. Substantial Completion: Substantial Completion of the Work shall occur when the

Architect/Engineer certifies that the Work is sufficiently complete, in accordance with the

Contract Documents, so that the City may use the Work for the use for which it is intended or for such other use which the City in its sole discretion may determine to be appropriate under the circumstances, and only after receipt of the final certificate of occupancy.

Z. Surety: The bonding company furnishing the Bonds required of a Bidder and of the

Contractor.

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AA. Technical Specifications: The general term comprising all the written directions, provisions and requirements contained herein, entitled Technical Specifications, those portions of Standard Specifications to which reference is specifically made in the

Technical Specifications, and any Addenda, and Change Orders that may be issued for the Contract, all describing the Work required to be performed, including detailed technical requirements as to labor, materials, supplies and equipment and standards to which such Work is to be performed.

BB. Work: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractors duties and obligations imposed by the Contract Documents.

3.2. EXECUTION OF BID FORM:

Bid must contain a manual signature of an authorized representative in the space provided on the

Bid Form. Failure to properly sign Bid shall invalidate same and it shall NOT be considered for award. All Bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original Bid conditions and specifications CANNOT be changed or altered in any way. Altered Bids will not be considered.

Clarification of Bid submitted shall be in letter form, signed by Bidders and attached to the Bid.

3.3. EXCEPTIONS TO SPECIFICATIONS:

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this ITB shall be submitted via “Q&A” through the City’s e-Procurement Portal. Any exceptions to these

Sections may be cause for the bid to be considered non-responsive.

Taking an exception to any of the Terms and Conditions or Sections other than Technical

Specifications may, depending on the item, cause your response to be deemed non-responsive and not considered for award.

3.4. ADDENDA:

Bidder(s) shall acknowledge receipt of any formal Addenda. Failure to acknowledge Addenda in its Bid may deem its Bid non-responsive provided, however, that the City may waive this requirement in its best interest.

3.5. NO BID:

If not submitting a Bid, respond by returning an original copy of the NO Bid Form, and check off the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier’s name from the bid mailing list. NOTE: A Bidder, to qualify as a respondent, must submit a “no bid” and same must be received no later than the stated Bid opening date and hour.

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3.6. TIE BIDS:

Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied Bidders have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

A. 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 action that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’ 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.

C. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (A).

D. In the statement specified in subsection (A), notify the employees 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.

E. 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.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

3.7. CLARIFICATIONS/INTERPRETATIONS:

A. It is the Bidder’s obligation to notify the City prior to opening of Bids of any conflicts, ambiguities, or discrepancies it finds in the contract documents, in order to allow City to issue appropriate addenda. The City reserves the right to make changes to the contract documents as it finds necessary or in its best interest, at any time prior to the opening of the Bids. Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted through the e-Procurement Portal via the Question &

Answer tab.

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B. If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, and has questions or is in need of clarification concerning this Bid, the Bidder must submit to the

City of Homestead’s Procurement and Contract Services Department at least seven (7) calendar days prior to scheduled bid opening, a “request for clarifications”. All such requests for clarification must be made through the e-Procurement Portal via the Q&A tab.

The City will make every best attempt to answer all questions submitted after said seven

(7) days but cannot guarantee a response. Such questions must be sent through the e-

Procurement Portal via the Q&A tab. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through the e-Procurement Portal.

NO QUESTIONS WILL BE RECEIVED OR ANSWERED VERBALLY.

C. Any interpretations of the Bid, if made, will be made only by Addendum duly issued by the City of Homestead Procurement and Contract Services Department. The City shall issue an Informational Addendum if clarification or minimal changes are required. The city shall issue a formal Addendum if substantial changes, which impact the technical submission of Bids, are required. A copy of such Addendum will be posted via the E-

Procurement Portal Addenda tab. In the event of conflict with the original Contract

Documents, Addendum shall govern all other contract documents to the extent specified.

Subsequent Addendum shall govern over prior addendum only to the extent specified. Only the interpretation or corrections of the Bid Documents given by addenda shall be binding, and prospective Bidders are warned that no other source is authorized to give information concerning, explaining or interpreting the Bid Documents. Bidders shall not rely on any oral interpretation, or correction of any apparent ambiguity, inconsistency or error offered by any person.

D. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing the addendum and including it with the Bid Proposal. Failure of a Bidder to include a signed formal Addendum in its Bid Proposal may deem its Bid non-responsive provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative.

3.8. BID BINDING:

All Bids submitted shall be binding for 365 calendar days following the Bid Opening.

3.9. CONE OF SILENCE:

Notwithstanding any other provision of these specifications, the provisions as set forth in of

Section 2-411.2 “Cone of Silence,” of the City of Homestead is applicable to this Solicitation.

The “Cone of Silence” provides, as follows:

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A. Definitions: “Cone of Silence,” as used herein, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for

Qualification (“RFQ”) or bid, between: a potential vendor, service provider, proposer, Bidder, lobbyist, or consultant, and: the City Council members, City’s professional staff including, but not limited to, the City Manager and his or her staff, any member of the

City’s selection or evaluation committee.

B. Restriction; Notice: A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of

Silence, the City Manager or his or her designee shall provide for public notice of the

Cone of Silence by posting a notice at the City Hall. The City Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the City

Clerk, with a copy thereof to each City Councilmember, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.

C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Council meeting (whether regular, special or Committee of the Whole meeting) at which the City Manager makes his or her written recommendation to the City

Council. However, if the City Council refers to the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the Manager makes a subsequent written recommendation.

D. Exceptions to Applicability: The provisions of this section shall not apply to:

1. Oral communications at Pre-Bid Conferences;

2. Oral presentations before selection or evaluation committees;

3. Public presentations made to the City Councilmembers during any duly noticed public meeting;

4. Communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The Bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request;

5. Communications regarding a particular RFP, RFQ or Bid between a potential vendor, service provider, proposer, Bidder, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;

6. Communications with the City Attorney and his or her staff;

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7. Duly noticed site visits to determine the competency of the Bidders regarding a particular bid during the time period between the opening of bids and the time the

City Manager makes his or her written recommendation;

8. Any emergency procurement of goods or services pursuant to City Code;

9. Responses to the City’s request for clarification or additional information;

10. Contract negotiations during any duly noticed public meeting;

11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, Bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting.

12. Contract negotiations between city staff and individuals or representatives of entities that have proposed to enter into a public-private partnership with the city in accordance with F.S. § 255.065, as amended from time to time.

E. Penalties: Violation of this section by a particular Bidder or proposer shall render any

RFP award, RFQ award or bid award to said Bidder or proposer voidable by the City

Council or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action.

Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.

3.10. AWARD OF CONTRACT:

A. Award will be made only to responsible, licensed contractors possessing the potential ability to perform successfully under the terms and conditions of these specifications.

Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, references, and financial and technical resources.

Contractors submitting Bids must be regularly engaged in the trade or trades relating to the

Bids submitted.

B. Responsible Vendor Determination: Proposer/Bidder is hereby notified that Section

287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

C. The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Homestead. The lowest

202536 Page 18 responsive, responsible Bidder(s) will be determined in conjunction with the methods described below. Tie Bids will be decided as described in the General Conditions.

D. In the best interest of the City of Homestead, the City reserves the right to reject all Bids or any portion of any Bid they deem necessary for the best interest of the City, to accept any item or group of items unless qualified by the Bidder, to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted “BID IS FOR SPECIFIED QUANTITY ONLY.” All awards made as a result of these Bid Documents shall conform to applicable Florida

Statutes.

E. Bid prices should be submitted with the understanding that the City of Homestead is not authorized to pay service charges, which may be imposed due to the late payment of an invoice, which has become delinquent.

F. The City shall award a contract to a Bidder through action taken by the City of Homestead

City Council at a duly authorized meeting. Acceptable Bids which are for an amount not exceeding $50,000 will not have to go through Council and may be awarded by the City

Manager or the Procurement & Contract Services Director. This action shall be administratively supported by a written award of acceptance and the issuance of a Purchase

Order, mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party.

G. The General Terms and Conditions, the Special Conditions, the Technical Specifications, the Bidder’s Proposal, Addenda and the Purchase Order are collectively an integral part of the contract between the City of Homestead and the successful Bidder. While the City of

Homestead City Council may determine to award a contract to a Bidder(s) under this

Solicitation, said award may be conditional on the subsequent submission of other documents as specified in Section 2-Special Conditions of this Bid. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement & Contract Services Director, will void its acceptance of the

Bidder’s offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year.

H. The Term of the Contract shall be stipulated in the Purchase Order, which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Purchase Order, the Bid shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods.

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I. The City reserves the right to exercise the option to renew a term contract of any successful

Bidder(s) to a subsequent optional period provided that such option is stipulated in the

Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declares the Bidder to be in default of its contractual obligations and award to the next low Bidder or seek a new Bid Solicitation.

The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting the future

Bids for a period of one year.

J. The City reserves the right to automatically extend this contract for a maximum period not to exceed one hundred and twenty (120) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right.

K. The City of Homestead reserves the right not to award or to reject Bids from Bidders that are currently in litigation with the City of Homestead or as a result of any prior lawsuits.

L. Bidder must bid on all items listed on the Bid Form to qualify for award of the Contract.

Bid will be awarded on an all or nothing basis.

3.11. CONTRACT EXTENSION(S):

A. The contract terms and extension(s) are specified in the Special Conditions of this Bid. The

City Manager may renew the Contract subject to Bidder acceptance, satisfactory performance and determination that renewal will be in the best interest of the City.

Notification of Intent to Renew will be e-mailed thirty (30) to one-hundred fifty (150) calendar days in advance of expiration date of this Contract. All prices, terms and conditions shall remain firm for the initial period of the Contract and for any renewal period unless subject to price adjustment specified as a “special condition” hereto. 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 Procurement & Contract Services Manager.

The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect under the contract when this extension clause is invoked by the City.

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B. The City reserves the right to exercise the option to renew a term Contract of any successful

Bidder(s) to a subsequent optional period provided that such option is stipulated in the

Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation by no later than sixty

(60) calendar days prior to the commencement of the option period. These documents, which are specified in Section 2-Special Conditions, include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations and award to the next low Bidder or seek a new Bid Solicitation.

The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting future

Bids for a period of one year. The City reserves the right to automatically extend the

Contract for a maximum period not to exceed one hundred and twenty (120) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right.

3.12. OPEN-END CONTRACT:

No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end Contract. Estimated quantities will be used for Bid comparison purposes only. The City of Homestead reserves the right to: issue purchase orders as and when required, or issue a blanket purchase order for individual agencies and release partial quantities.

No delivery shall become due or be acceptable without a written order by the City, unless otherwise provided in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing.

3.13. SECONDARY/OTHER BIDDERS:

The City reserves the right in the event the primary Bidder cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract.

3.14. NON-EXCLUSVITY:

It is the intent of the City to enter into agreement with the successful Bidder that will satisfy its needs as describe herein. However, the City reserves the right as deemed in its best interest to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with its own employees.

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3.15. WITHDRAWAL OF BIDS:

After opening, no changes in prices or other provisions shall be permitted. Respondents may withdraw or correct a submittal prior to the stipulated date and time for the opening of the

Solicitation.

3.16. REJECTION OF BIDS:

A. Bids that do not contain completed and properly executed forms and affidavits, as required and included in these Bid Documents, may be rejected by the City.

B. Bids which are not responsive to the Bid Documents shall be rejected by the City.

C. Bids will be considered irregular and may be rejected if they contain omissions, alterations of form, additions not called for, unauthorized alternate bids, or other irregularities.

D. Any of the following additional factors may be considered sufficient cause for the rejection of the Bid.

1. Bid submitted on a form other than that furnished by the City;

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

3. Evidence of collusion among Bidders;

4. Previous participation in collusive bidding on work for the City;

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

6. Lack of Competency of Bidder. The Contract will be awarded only to a Bidder considered to be capable of performing the work as required by the Contract

Documents. The City may declare any Bidder ineligible at any time during the process of receiving bids or awarding the Contract where developments arise which, in the opinion of the City, adversely affect the Bidder's competency to perform the work and to discharge its responsibilities under the Contract;

7. Lack of capability as shown by past performance of Bidder's work for the City, judged from the standpoint of workmanship and progress;

8. Unfinished work for which the Bidder is committed by contract, which, in the judgment of the City, might hinder or prevent the prompt completion of work under this Contract if awarded to such Bidder;

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9. Being in arrears on any existing Contract, or having been sued to enforce the City's rights on a construction contract, or having failed to complete the Work, the punch list, or warranty items, or having defaulted on a previous contract with the City;

10. If the Bid does not contain a bid price for each pay item listed in the Bid, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a bid price;

11. If the Bid is not accompanied by the Bid guaranty, if one is being required.

3.17. PRICES QUOTED:

Bidder should deduct trade discounts and quote firm net prices and give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. / C.I.F. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s).

3.18. LOCAL PREFERENCE:

Not Applicable. Project is grant related.

3.19. BID SUBMITTAL & FORMS:

Other forms to be included with your submission include the following: ADA Disability

Nondiscrimination Statement, Business Entity Disclosure Statement/Conflict of Interest , Certificate of Debarment, Drug-Free Workplace Affidavit, Scrutinized Companies Form, E-

Verify, Sworn Statement on Public Entity Crimes form, Performance Survey Form, minimum of three Reference Questionnaires completed by refences, Notification of Social Security Number, W9, and all required product information and any other items as indicated in this Section or any part of this Invitation to Bid. Bids will be considered “Non-Responsive” for lack of including the required sealed Bid Bond Form if the required forms are not submitted by the due date and time specified.