ITB27-001_WTP_Improvements_Phase_1_Buildout_of_the_Existing_NF_Facility.pdf

INVITATION TO BID

ITB27-001

WATER TREATMENT PLANT IMPROVEMENTS

PHASE 1: BUILDOUT OF THE EXISTING

NANOFILTRATION FACILITY

(STATE REVOLVING FUND)

ITB OPENING: NOVEMBER 2, 2026

Virtual Zoom Meeting

For access, go to:

https://pompanobeachfl.gov/pages/meetings

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SCHEDULE OF EVENTS

ITB documents and Addenda(s) are available and can be downloaded for free from the eBid System as a pdf at: https://procurement.opengov.com/login

ITB NUMBER: ITB27-001

ITB TITLE: Water Treatment Plant Improvements

Phase 1: Buildout of the Existing Nanofiltration

Facility

DATE PUBLISHED IN SUN-SENTINEL October 5, 2026

RELEASE DATES/TIME: October 1, 2026

NON-MANDATORY PRE-BIDDERS

CONFERENCE AND SITE VISIT:

October 14, 2026, at 10:00 AM EST

WRITTEN QUESTIONS AND INQUIRIES

ARE DUE ON OR BEFORE:

October 21, 2026, at 5:00 PM EST

ITB RESPONSE DUE DATE/TIME: November 2, 2026, at 2:00 PM EST

RECOMMENDATION FOR AWARD: TBD

DIRECT ALL INQUIRIES TO: https://procurement.opengov.com/login

E-PROPOSAL SUBMITTALS ONLY: https://procurement.opengov.com/login

PROPOSAL VIRTUAL OPENING: https://pompanobeachfl.gov/pages/meetings

*Dates in this schedule may be amended by the City in its sole discretion and no rights shall accrue to any Proposer due to such amendment. Proposers may not rely on dates after the Due

Date and Time until confirmed by the City. All times listed are Eastern Standard Time (EST).

https://procurement.opengov.com/login

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INVITATION TO BID

The City of Pompano Beach (the “City”) will receive sealed bids for Invitation to Bid (ITB) ITB27-001, WATER TREATMENT PLANT IMPROVEMENTS PHASE 1: BUILDOUT OF THE EXISTING

NANOFILTRATION FACILITY, until 2:00 p.m. ET on the date stated in Section 1 - Schedule of

Events. Bids must be submitted electronically through the eBid System on or before the due date and time as specified herein. Any bid received after the due date and time specified will not be considered.

Any uncertainty regarding the time a bid is received will be resolved against the Bidder.

Bidder must be registered on the City’s eBid System in order to view the solicitation documents and respond to this ITB. The solicitation documents can be downloaded for free from the eBid System as a

PDF at: https://procurement.opengov.com/login. The City is not responsible for the accuracy or completeness of any documentation the Bidder receives from any source other than from the eBid System.

Bidder is solely responsible for downloading all required documents. A list of Bidders will be read aloud in a public forum. To attend the virtual public meeting, go to https://pompanobeachfl.gov/pages/meetings to find the Zoom link.

INTRODUCTION

The project consists of furnishing all labor, equipment, tools, materials, supplies, and all labor, transportation, and related services for the installation of the Water Treatment Plant Improvements Phase

1: Buildout of the Existing Nanofiltration Facility, according to the drawings provided and as described herein. The work will include but not be limited to site work, installation and modification to existing yard piping, installation of a raw water booster pump station, physical pretreatment, buildout and modifications to the existing nanofiltration facility, start-up, and restoration. The Water Treatment Plant’s address is

1205 Northeast 5th Avenue Pompano Beach, Florida 33060. The project mentioned will be funded by the

State Revolving Fund (SRF).

NON-MANDATORY PRE-BIDDERS CONFERENCE AND SITE VISIT

The Non-Mandatory Pre-Bidders Conference will be held on the date and time stated in Section 1 -

Schedule of Events, in person at 1205 NE 5th Avenue, Pompano Beach, FL 33060. The site visit will immediately follow the non-mandatory pre-bidders conference at the project address, 1205 NE 5th Ave, Pompano Beach, 33060.

A. CONE OF SILENCE NOTICE:

The Cone of Silence shall take effect once this solicitation is released to the General Public and shall remain in effect until the City Commission has taken final action to approve or reject an award. The “Cone of Silence” shall terminate upon the City’s award or approval of a contract, rejection of all proposals or responses, or any other formal action that concludes the solicitation or other procurement process. For confirmation of the official termination date of the Cone of Silence, contact the Purchasing Agent of record. During the Cone of Silence period, Respondents to this solicitation, or persons acting on their behalf, including lobbyists, shall not communicate, directly or indirectly, regarding any aspect of this solicitation with any member of the City Commission, the City Clerk, the City Manager’s Office, any

Evaluation Committee member, or any other City of Pompano Beach employee, except in writing to the

Procurement and Contracts Department staff as expressly permitted in this solicitation. Violation of the https://procurement.opengov.com/login

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Cone of Silence may be grounds for rejection of a Proposal or other appropriate action as permitted by

City ordinance.

B. SPECIFICATIONS AND DRAWINGS

Refer to the attachments tab of the City’s eBid System.

C. LINE ITEMS

As an assistive tool, ITB27-001 Attachment A - Bid Form is available on the Attachments tab of the

City’s eBid System. All bid figures must be entered into the City’s eBid System Line Item Pricing

Section.

D. BIDDER’S RESPONSIVENESS AND RESPONSIBILITY

Award of ITB shall be to the lowest responsive and lowest responsible Bidder. In determining the lowest responsive and lowest responsible Bidder and that the purchase or contract will best serve the interests of the City, the Procurement and Contracts Director, where applicable, shall consider various factors. These factors include, but are not limited to, price and the following:

1. Responsiveness:

Each bid shall be reviewed in accordance with the conditions provided herein. If a Bidder fails to satisfy these conditions, the city may deem the bid non-responsive and not consider it for further review.

a. Each Bid must be submitted prior to the deadline provided in the eBid System. Submission will not be accepted outside the eBid System, including but not limited to faxed, emailed, or hand-delivered to the City’s Purchasing Division of the Procurement and Contracts

Department. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bidders shall contact the Purchasing representative at 954-786-4098 in such a case for special permission.

b. Qualification of Bidders form must be completed and uploaded to the Response

Attachments tab of the City’s eBid System.

2. Responsibility Documentation:

To demonstrate the Bidder’s responsibility, the Bidder must submit to the City the information provided herein. Submittals requested pursuant to this paragraph are in addition to those required elsewhere.

a. Bonding: Each bid requires a cashier’s check or Bid Bond executed on the prescribed form, payable to the City of Pompano Beach, P.O. Box 1300, Pompano Beach, Florida 33061, in an amount not less than five percent (5%) of the bid amount. Bidder shall upload a copy of its Bid Bond or a copy of the cashier’s check to the Response Attachments tab in the eBid System. The Awarded Bidder will be required to submit the original executed Bid

Bond or cashier’s check prior to the execution of the contract and before the commencement of any work.

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The bid security of the Awarded Bidder will be retained until such Bidder has executed the

Contract and furnished (if required) contract security (if provided as a cashier’s check or certified check), whereupon the bid security will be returned. If the Awarded Bidder fails to execute and deliver the Contract and furnish the required contract security within ten

(10) days after the Notice of Award, the City may annul the Notice of Award, and the bid security of that Bidder will be forfeited. The bid security of other Bidders whom the City believes to have a reasonable chance of receiving the award may be retained by the City until a completed contract has been executed, whereupon bid security furnished by such

Bidders will be returned.

If provided, the executed Bid Bond shall be issued by an entity with a registered agent in the State of Florida. This check or bond shall be retained by the City as liquidated damages should the Bidder refuse or fail to enter into a contract with the City for the execution of the work embraced in the bid in the event the bid of the Bidder is accepted.

b. Prior Project Experience and References: Bidder must provide the following verifiable information with the bid at the time it is submitted:

i. Evidence that Bidder was the Prime Contractor on two (2) nanofiltration, reverse osmosis, microfiltration, or ultrafiltration membrane water treatment plant projects for a municipal client, each with a project cost of at least $20,000,000.00, completed

(substantial completion) within the last fifteen (15) years. Each project submitted as qualifying experience must be located within the continental United States, and must be of similar complexity and scope to the project described in this ITB.

Bidder must describe the following: 1) the project and the work actually completed by Bidder, 2) how the referenced project relates to the ITB, and 3) the amount paid to Bidder for the work completed; and

ii. At least one verifiable municipal contact (client) reference for each project described previously. The bidder must provide the client’s name, phone number, and e-mail address for each project. If the Bidder has done work for the City, the City may, at its discretion, rely on the City’s past performance records or may contact references.

The City will only attempt to contact each reference three times.

iii. If the Bidder fails to provide the previously described items, or if the City is unable to reach a reference after three (3) attempts, the City may deem the Bidder non-responsible.

iv. The City reserves the right, at its sole discretion, to deem a Bidder’s response non-responsible and reject it if the references submitted do not conform to the above, or the references are deemed unsatisfactory to the City.

c. License Requirements - Be able to provide proof of required licensure. (Such licensure must have been obtained prior to the date of Bid Submission.)

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d. Corporations and Partnerships - The City will review the Bidder’s business to confirm that it is in good standing with the Florida Department of State, Division of Corporations based on the information provided in the Qualification of Bidders Form.

e. Have a satisfactory past and/or current performance record - based on the information gathered by the City regarding Bidder's performance on past or current contracts. The City shall rely on the contractor’s periodic performance evaluations and any other reasonable and reliable sources within the City’s organization and control from past and present City projects where applicable.

f. Be financially solvent and have sufficient financial resources to perform the resulting

Contract and shall provide proof thereof of its financial solvency. At its sole discretion, the

City may ask for additional proof of financial solvency, including additional documents post-bid unsealing and prior to award that demonstrates the Bidder’s ability to perform the resulting contract and provide the required materials and/or services.

g. Have the necessary production capacity, construction, and technical equipment and facilities, or the ability to obtain them.

h. Provide satisfactory evidence that such elements as production control procedures, property control systems, quality assurance procedures, and safety programs applicable to work to be produced or services to be performed by the Bidder, Suppliers and

Subcontractors are present.

i. Have the necessary management organization, experience, technical skills, accounting and operational controls, plan, manpower, and financial resources and be otherwise qualified and eligible to perform the work under applicable laws and regulations.

The City does not consider social, political, or ideological interest in determining the Contractor’s responsibility in compliance with Florida Statute 287.05701.

E. RECOMMENDATION TO AWARD SOLICITATION AND RESULTING CONTRACT

a. The City reserves the right to reject any and all bids, to waive any and all informalities not involving price, time, and changes in the work and to negotiate contract terms with the

Awarded Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, the City reserves the right to reject the bid of any Bidder if the

City believes that it would not be in the best interest of the Project to make an award to that

Bidder, whether because the bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. Therefore, discrepancies between the indicated sum of any column of figures and the correctly tabulated sum of any column will be resolved in favor of the correctly tabulated sum of any column.

b. In evaluating bids, the City will consider the bidders' qualifications, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the ITB or prior to the Recommendation to Award.

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c. The City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractor, Suppliers, and other persons and organizations must be submitted. The City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the

Recommendation to Award.

d. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of Bidders, Proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract resulting from the ITB to the City’s satisfaction within the prescribed time.

e. If the Bid is to be awarded, it will be awarded to the lowest responsive and responsible

Bidder.

f. The Bidders will receive a Recommendation to Award from the eBid System.

g. City reserves the right to postpone the award of the Contract for a period of time which shall not exceed one hundred twenty (120) days from the Bid unsealing date.

City may, at its sole discretion, release any bid and return the Bid Security prior to that date. City also reserves the right to ask for additional postponement time, which the Bidder may provide written binding acceptance. An email to the purchasing representative from an authorized agent of the Bidder shall be considered a written binding acceptance of the postponement time.

h. The Awarded Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract Documents. All Bid Bonds, Contract Bonds, Insurance Contracts, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida and in all ways complying with the insurance laws of the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Bid Bonds, are required;

Performance and Payment Bonds are required for projects over two hundred thousand dollars ($200,00.00). Performance and Payment Bonds must be recorded with Broward County. Insurance is required for all bids.

j. When the City makes a recommendation to award a vendor a contract to the lowest priced, responsible and responsive bidder, the signed Contract by the vendor will be presented to the commission for approval. Within ten (10) days thereafter, Contractor shall provide all required documents to the City with the required Bonds. Within fifteen (15) days thereafter, the City shall deliver one fully signed counterpart to the Contractor.

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F. INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions.

The term “Bidder” means one who submits a bid directly to the City, as distinct from a sub-bidder, who submits a bid to a Bidder. The term “Awarded Bidder” means the lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of City’s evaluation as hereinafter provided) makes an award. The term “ITB Documents” includes the ITB, attachments, and the all addenda issued prior to receipt of bids.

2. COPIES OF ITB DOCUMENTS

a. Complete sets of the ITB Documents may be obtained from the City’s website at no charge.

b. Complete sets of ITB Documents must be used in preparing bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of

ITB Documents.

c. City, in making copies of ITB Documents available on the above terms, does so only for the purpose of obtaining bids on the work and does not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work and to be considered for the award, each Bidder must submit written evidence, such as previous experience, present commitments, and other such data as may be required in the Qualification of Bidders document available in the “Attachments” tab of the City’s eBid

System.

4. PUBLIC ENTITY CRIMES

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

5. DRUG FREE WORKPLACE

In accordance with Section 287.087, State of Florida Statutes, preference shall be given to businesses with

Drug-free Workplace Programs.

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6. ANTI-KICKBACK ACT

The Awarded Bidder must comply with the Copeland “Anti-Kickback Act” (19 U.S.C. Section 874), as supplemented in the United States Department of Labor Regulations DOL 29 CFR, Part 3

(https://www.ecfr.gov/current/title-29/subtitle-A/part-3 ).

7. EXAMINATION OF ITB DOCUMENTS AND SITES

a. It is the responsibility of each Bidder before submitting a bid, to (a) examine the ITB

Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect costs, progress, performance or furnishing of the work, (c) consider Federal, State and Local Laws and Regulations that may affect cost, progress, performance or furnishing of the work, (d) study and carefully correlate Bidder’s observations with the ITB

Documents, and (e) notify the City of all conflicts, errors or discrepancies in the ITB

Documents.

b. Information and data reflected in the ITB Documents with respect to or contiguous to the site is based upon information and data furnished to the City by owners of such facilities or others, and the City does not assume responsibility for accuracy or completeness thereof unless it is expressly provided otherwise.

c. Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, underground facilities, and other physical conditions, and possible changes in the ITB Documents due to differing conditions appearing in the

General Conditions section of the ITB.

d. Before submitting a bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data that pertain to the physical conditions (surface, subsurface, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the ITB Documents.

e. On request in advance, the City will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for the submission of a bid. Bidder shall fill all holes, clean up, and restore the site to its former condition, or better, upon completion of such explorations.

f. The lands upon which the work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the work are identified in the ITB Documents. The Contractor will provide all additional lands and access required for temporary construction facilities or storage of materials and equipment.

Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract resulting from the ITB.

https://www.ecfr.gov/current/title-29/subtitle-A/part-3

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g. The electronic submission of a bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of the ITB Documents, that without exception, the bid is premised upon performing and furnishing the work required by the ITB Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the ITB Documents, and that the ITB

Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

8. INTERPRETATIONS AND ADDENDA

a. All questions must be submitted using the Questions feature in the eBid System by the deadline stated in Section 1 - Schedule of Events. No further questions will be accepted after this date. Oral and other interpretations or clarifications will be without legal effect.

If any addendum is issued to the ITB, the addendum will be issued via the eBid System.

b. An addendum may also be issued to modify the ITB as deemed advisable by the City.

9. BID SECURITY

a. Each bid must be accompanied by Bid Security made payable to the City in an amount of five percent (5%) of the Bidder’s maximum Bid Price and in the form of a certified check, cashier’s check, or a Bid Bond issued by a surety meeting the requirements stated herein.

Bidder shall upload a copy of its Bid Bond or a copy of the certified check to the Response

Attachments tab in the eBid System. The Awarded Bidder will be required to submit the original executed Bid Bond or cashier’s check prior to the execution of the Contract and before the commencement of any work.

b. The Bid Security of the Awarded Bidder will be retained until such Bidder has executed the Contract and furnished the required contract security (if provided as a cashier’s check or bank officer’s check), whereupon the Bid Security will be returned. If the Awarded

Bidder fails to execute and deliver the Contract and furnish the required contract security within ten (10) days after the Notice of Award, City may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom

City believes to have reasonable chance of receiving the award may be retained by the City until a completed Contract has been issued, whereupon Bid Security furnished by such

Bidders will be returned.

c. The Bid Bond shall be issued by a company having a registered agent in the State of

Florida. This check or bond shall be retained by the payee as liquidated damages should the Bidder refuse or fail to enter into a Contract with the payee for the execution of the work embraced in the bid, in the event the bid of the Bidder is accepted.

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10. CONTRACT TIME

The number of days within which, or the dates by which, the work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the section entitled Bidder

Acknowledgement.

11. LIQUIDATED DAMAGES

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

12. INDEMNIFICATION

All Bidders must enter in the “Line Items” tab of the City’s eBid System the amount of consideration required by the Bidder in return for the Bidder’s promise of indemnity contained in the General Conditions section of the ITB.

13. SUBSTITUTE OR “OR-EQUAL” ITEMS

The Contract, if awarded, shall be on the basis of materials and equipment described in the drawings or specified in the specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished or used by Awarded Bidder/Contractor if acceptable to the City, application for such acceptance will not be considered by the City until after the effective date of the

Contract.

14. SUBCONTRACTORS, SUPPLIERS AND OTHERS.

a. Each bid must identify the names and addresses of Subcontractors, Suppliers and other persons and organizations including those who are to furnish the principal items of material and equipment listed in the “Line Items” tab of the City’s eBid System. If requested, the apparent lowest Bidder, and any other Bidder so requested, shall within seven (7) days after the ITB opening submit to the City a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, Supplier, other persons or organization, if requested by the City. If the City has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request the apparent lowest Bidder to submit an acceptable substitute without an increase in Bid Price. If apparent lowest

Bidder declines to make any such substitution, the City may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom the City does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City subject to revocation of each acceptance after the Effective Date of Contract.

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b. In contracts where the Contract Price is on the basis of cost of the work plus a fee, the apparent lowest Bidder, prior to the Notice of Award, shall identify in writing to the City those portions of the work that such Bidder proposes to subcontract and after the Notice of

Award may only subcontract other portions of the work with the City’s written consent.

c. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom the Contractor has reasonable objection.

15. BIDDER ACKNOWLEDGMENT

a. The Bidder Acknowledgement is included with the ITB.

b. All requested information on the Bidder Acknowledgement is to be provided electronically using the City’s eBid System.

c. In case of a discrepancy between unit prices and totals, unit prices will prevail.

16. SUBMISSION OF BIDS

a. Bids shall be submitted electronically using the City’s eBid System on or before the due date and time specified herein.

b. More than one bid received for the same work from an individual, firm partnership, corporation, or association under the same or different names will not be considered.

Reasonable grounds for believing that any Bidder is interested in more than one bid for the same work will cause the rejection of all such bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the bids of participants in such collusion will not be considered.

c. Bid tabulations will be posted for the bid in the City’s eBid System. Bid results will not be read to you over the phone.

17. MODIFICATION AND WITHDRAWAL OF BIDS

a. Bids may be modified or withdrawn at any time prior to the due date and time of the opening of bids by using the “Retract” feature of the City’s eBid System.

18. UNSEALING OF BIDS

A list of Bidders will be read aloud in a public forum. Bidder pricing will be made public only when the tabulation is posted. An abstract of the amounts of the base bids and major alternates (if any) will not be made available to Bidders until the posting of the tabulation.

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19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

a. All bids will remain subject to acceptance for one hundred and twenty (120) days after the day of the bid deadline, but the City may, in its sole discretion, release any bid and return the Bid Security prior to that date.

b. Extensions of time when bids shall remain open beyond the one hundred and twenty (120) day period may be made only by mutual agreement between the City, the apparent lowest responsive and lowest responsible bidder, and the surety, if any, for the Awarded Bidder.

20. CONTRACT SECURITY

For projects over two hundred thousand dollars ($200,000); when the Awarded Bidder delivers the executed Contract to the City, it must be accompanied by the required Performance and Payment Bonds.

Performance and Payment bonds must be recorded with Broward County.

21. EXECUTION OF CONTRACT

When the City makes a recommendation to award a vendor a contract to the lowest priced, responsible and responsive bidder, the signed Contract by the vendor will be presented to the commission for approval.

Within ten (10) days thereafter, Contractor shall provide all required documents to the City with the required Bonds. Within fifteen (15) days thereafter, the City shall deliver one fully signed counterpart to the Contractor.

22. EMPLOYMENT ELIGIBILITY

By entering into a resulting contract with the City, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of the

Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit or County

Court no later than 20 calendar days after the date of termination. If this awarded contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

23. TAXES

The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The

Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements.

24. NOTICE TO CONTRACTOR

Pursuant to Chapter 8 CFR 274a.2” (see link) https://www.govinfo.gov/content/pkg/CFR-2017-title8-vol1/pdf/CFR-2017-title8-vol1-sec274a-2.pdf, the employment of unauthorized aliens by any Contractor https://www.govinfo.gov/content/pkg/CFR-2017-title8-vol1/pdf/CFR-2017-title8-vol1-sec274a-2.pdf https://www.govinfo.gov/content/pkg/CFR-2017-title8-vol1/pdf/CFR-2017-title8-vol1-sec274a-2.pdf

Page 13 ITB27-001 is considered a violation of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract.

25. NON-DISCRIMINATION

There shall be no discrimination as to race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the operations conducted under the Contract.

26. OCCUPATIONAL HEALTH AND SAFETY

In compliance with Section 442, Florida Statues, any items included in the latest edition of “Florida

Substance List”, which are delivered from a Contract resulting from the ITB, must be accompanied by a

Material Safety Data Sheet (MSDS). The MSDS must be maintained by the City and must include the following information:

a. The chemical name and the common name of the toxic substance.

b. The hazards or other risks in the use of toxic substance, including:

i. The potential for fire, explosion, corrosiveness, and reactivity;

ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and

iii. The primary routes of entry and symptoms of overexposure.

c. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure.

d. The emergency procedure for spills, fire disposal, and first aid.

e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.

f. The year and month, if available, that the information was compiled and the name, address, and the emergency telephone number of the manufacturer responsible for preparing the information.

Any questions regarding Section 442, Florida Statutes, should be directed to:

Department of Labor and Employment Security, Division of Safety, 2002 Old St. Augustine Road, Tallahassee, Florida, 32399; telephone: 1-800-367-4378.

Page 14 ITB27-001

ALL TOXIC SUBSTANCES MUST BE LABELED FOR IDENTIFICATION, IN ACCORDANCE

WITH O.S.H.A. STANDARDS.

Notice: Federal I.D. Number must be referenced on your invoice for us to process payment. Please note

I.D. Number on Bid Response page.

27. WASTE REMOVAL SERVICES

The City has contracted with Coastal Waste & Recycling, Inc., for residential and commercial solid waste collection and disposal services. The City has granted to Coastal Waste & Recycling, Inc., the sole and exclusive right, franchise, license and privilege to provide non-hazardous solid waste collection, removal and disposal services within the corporate limits of the City, including collection and removal of certain

Construction and Demolition Debris. The Awarded Bidder/Contractor shall coordinate with Coastal

Waste & Recycling, Inc., the level and type of service to be provided and the manner of collection charges.

Any Contractor or Subcontractor performing construction work within the City of Pompano Beach must use the City’s franchised hauler for garbage removal services including removal of Construction and

Demolition Debris generated over ten (10) cubic yards, with the exception of Source Separated Recovered

Materials as defined in Section 403.703(24), Florida Statutes and Chapter 96 of the City Ordinance. The

City’s current franchised hauler is Coastal Waste & Recycling, Inc., which may be contacted directly for dumpsters and/or roll-offs at:

Coastal Waste & Recycling, Inc.

1840 NW 33rd Street

Pompano Beach, FL 33064

(954) 947-4000

Page 15 ITB27-001

28. PERMITS AND FEES

The Contractor awarded the project, which is the scope of the ITB, shall be required to obtain and pay for the permits and/or fees indicated on the chart below in the amounts set forth or pursuant to the formula for percent or unit method which is indicated.

Fees cannot be waived and must be collected by the City from the Contractor. Contact the City

Department below for additional details regarding the required permit and fee.

FEE OR PERMIT CITY

DEPARTMENT

COST (SET FEE OR PERCENT OF PROJECT

AMOUNT)

All construction within City right-of-way

Engineering Waived

All utilities tie-ins to City water, sewers, and drainage

Engineering Waived

Paving Engineering Waived

Fire plan review for new construction, additions and alterations

Building Inspection See City Code of Ordinances 95.14

Fire alarm and fire sprinkler plan review (new installations)

Fire Plan Review See City Code of Ordinances 95.14

Fire hydrant flow test Fire Plan Review See City Code of Ordinances 95.14

Business Tax Receipt (only if the

Contractor has a temporary office in the City of Pompano Beach)

Zoning See City Code of Ordinances

Site plan review Zoning See City Code of Ordinances

Rezoning Zoning See City Code of Ordinances

Variance Zoning See City Code of Ordinances

Tree Permit application fee Zoning See Zoning Code/City Code of Ordinances

Landscape reinspection fee Zoning See Zoning Code/City Code of Ordinances

Capital recovery fees Customer Service See City Code of Ordinances 50.13 and 51.11

Tapping fee Customer Service See City Code of Ordinances

Deposits (water bill) Customer Service Deposit based upon size of meter (only applies if

Contractor responsible for water bills during period between meter installation and City acceptance of project.)

Administrative fee Customer Service See City Code of Ordinances

Building permit Building Inspection See Bldg Fee Schedule/City Code of Ordinances

Building Reinspection fee Building Inspection See Bldg Fee Schedule/City Code of Ordinances

Certificate of occupancy Building Inspection See Bldg Fee Schedule/City Code of Ordinances

Lien law Building Inspection $5.00

Surcharge Bwd. Cty. Bd. of Rules

& Appeals

Building Inspection $0.60 per $1,000 valuation

Surcharge Fla. Statute 553.721 Building Inspection 1.5% of permit fees, minimum $2.00

Surcharge Fla. Statute 468.631 Building Inspection 1.5% of permit fees, minimum $2.00

Page 16 ITB27-001

G. PROJECT WEB REQUIREMENTS

A. This project will utilize Procore, a web-based project management tool. This web-based application is a collaboration platform that will allow all project team members continuous access to important project data and up-to-date status information for decisions and approvals via the Internet.

Procore is a comprehensive Project and Construction Management system that the City will use to manage project documents, communications, and costs between the lead Consultant, Sub-Consultants, Design Consultants, Contractor, and Owner. Procore includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. Training will be provided for all consultants and contractors selected to provide services for the City of Pompano Beach.

B. Prime Consultant, Contractor, and/or Sub-Consultants shall conduct project controls outlined by the

Owner, Project Manager, and/or Construction Manager utilizing Procore. The designated web-based application license(s) shall be provided by the City to the Prime Consultant, Contractor, and/or Sub-

Consultants.

C. The Prime Consultant, Contractor, and/or Sub-Consultants shall have the responsibility for logging in to the project website on a daily basis, and as necessary, to remain fully apprised of project developments and required action items. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety

Notices, Accident Reports, Personal Injury Reports, Schedules, Site Logistics, Progress Reports, Correspondence, Daily Logs, Non‑Conformance Notices, Quality Control Notices, Punch Lists, Meeting

Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request

Applications, Supplemental Instructions, Owner Change Directives, Potential Change Orders, Change Order

Requests, Change Orders and similar documentation.

All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety SDS sheets, substitution requests, and similar materials will be submitted in digital format via Procore. All PDF file content should be flattened and/or optimized to ensure that no comments, stamps, or other editable content appear in the comment panel of the PDF tool. Files with editable content may be rejected.

LCPtracker is the City’s labor compliance system of record for construction contracts only.

Professional services consultants are not required to use LCPtracker. LCPtracker allows the City to monitor and report on labor compliance requirements such as certified payroll and on-the-job training.

LCPtracker provides construction compliance management, certified payroll, and workforce reporting. The City uses LCPtracker to collect workforce utilization information on projects subject to the Workforce Training & Hiring Program requirements.

Certified payrolls are required to be submitted on a weekly basis via LCPtracker. Prime Contractors are responsible for monitoring all subcontractor certified payrolls in LCPtracker with the role of Prime

Approver. Prime Approvers must review and approve all payroll submissions for the project.

If you are unfamiliar with the Prime Approver role, training resources are available in LCPtracker.

The City will provide training to Prime Contract Holders on using LCPtracker.

Page 17 ITB27-001

H. BIDDER ACKNOWLEDGEMENT

1. The Bidder submits and agrees, if its bid is accepted, to enter into a Contract with the City in the form included in the ITB to perform and furnish all work as specified or indicated in the Sample

Contract Documents for the Contract Price and within the Contract Time indicated in this bid and in accordance with the other terms and conditions of the Sample Contract resulting from the ITB.

2. Bidder accepts all of the terms and conditions of the ITB Documents, including, without limitation, those dealing with the disposition of Bid Security and the Sample Contract. The bid will remain subject to acceptance for one hundred twenty (120) days after the Bid unsealing. Bidder will sign and submit the Contract with the bonds and other documents required by Bidding Requirements within ten (10) days after the City’s Notice of Award date.

3. In submitting its bid, Bidder represents, as more fully set forth in the Contract, that:

a. Bidder has examined copies of all the ITB documents and the addendum/addenda.

b. Bidder has familiarized itself with the nature and extent of the ITB Documents, work, site, locality, and all local conditions, laws, and regulations that may affect the cost, progress, performance, or furnishing of the work in any manner.

c. Bidder has studied carefully all reports and drawings of physical conditions that are identified in the ITB.

d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, and studies [in addition to or to supplement those referred to in (C) above], which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the ITB Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.

e. Bidder has reviewed and checked all information and data shown or indicated on the ITB

Documents with respect to existing site conditions and assumes responsibility for such. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said site area or will be required by Bidder in order to perform and furnish the work at work Contract Price, within the Contract Time and in accordance with other terms and conditions of the ITB Documents.

f. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the ITB Documents.

g. Bidder has given City written notice of all conflicts, errors or discrepancies that it has discovered in the ITB Documents and the written resolution thereof by the City is acceptable to Bidder.

Page 18 ITB27-001

h. This bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City.

4. Bidder agrees that the construction of the Project will be substantially complete within 890 calendar days after the date when the Contract Time commences to run as provided in the General

Conditions of the ITB document, and completed and ready for final payment (final completion) within 920 calendar days after the date when the Contract Time commences to run.

Bidder accepts the provisions of the Contract as per liquidated damages in the event of failure to complete the work on time.

5. Bidder agrees that all Federal, State and Local sales and use taxes are included in the stated Bid

Prices for the work.

6. Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the unit prices herein (if applicable) represent a true measure of the labor, materials, equipment and any other incidentals required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents.

7. The Bid Line-Item pricing includes all the necessary excavation, backfill, grading, restoration, and removal of materials attendant upon the construction of the work, complete in place, and the disposal of all excess materials, and the final cleaning up of the work.

8. At the preconstruction conference, the Bidder shall submit a complete detailed schedule of shop drawing submittals which will show lead time for the following:

• Date of planned submittal.

• Date of anticipated receipt of review (usually three weeks after submittal).

• Delivery lead time.

• Anticipated installation date.

THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY

Page 19 ITB27-001

Contractor Performance Report

City of Pompano Beach Procurement and Contracts Department

1101 N.E. 5th Avenue Pompano Beach, Florida, 33060

CITY OF POMPANO BEACH

CONTRACTOR PERFORMANCE REPORT

1. Report Period: from ___________________ to __________________________

2. Contract Period: from __________________ to __________________________

3. RFP# & or P.O.#: ___________________________________________________________

4. Contractor Name: __________________________________________________________

5. City Department: ___________________________________________________________

6. Project Manager: ___________________________________________________________

7. Scope of Work (Service Deliverables):

Page 20 ITB27-001

Contractor Performance Report

CATEGORY RATING COMMENTS

1. Quality Assurance/Quality

Control

- Product/Services of high quality

- Proper oversight

- Communication

Poor =1

Satisfactory =2

Excellent =3

2. Record Keeping

-Accurate record keeping

-Proper invoicing

-Testing results complete

Poor =1

3. Close-Out Activities

- Restoration/Cleanup

- Deliverables met

- Punch list items addressed

4. Customer Service

- City Personnel and Residents

- Response time

- Communication

5. Cost Control

- Monitoring subcontractors

- Change-orders

- Meeting budget

Poor =1

6. Construction Schedule

- Adherence to schedule

- Time-extensions

- Efficient use of resources

Poor =1

SCORE

ADD ABOVE RATINGS/DIVIDE

TOTAL BY NUMBER OF

CATEGORIES BEING RATED

RATINGS

Poor Performance (1.0 – 1.59): Marginally responsive, effective and/or efficient; delays require significant adjustments to programs; key employees marginally capable; customers somewhat satisfied.

Satisfactory Performance (1.6 – 2.59): Generally responsive, effective and/or efficient; delays are excusable and/or results in minor program adjustments; employees are capable and satisfactorily providing service without intervention; customers indicate satisfaction.

Excellent Performance (2.6 – 3.0): Immediately responsive; highly efficient and/or effective; no delays;

key employees are experts and require minimal direction; customer’s expectations are exceeded.

Page 21 ITB27-001

Would you select/recommend this contractor again? _____ Yes _____ No

Please attach any supporting documents to this report to substantiate the ratings that have been provided.

Ratings completed by (print name) Ratings completed by signature Date

Department Head (print name) Department Head Signature Date

Vendor Representative (print name) Contractor Representative Signature Date

Comments, corrective actions etc., use additional page if necessary:

Page 22 ITB27-001

BID BOND

BY THIS BOND, We __________________________________________________________, as

Principal (“PRINCIPAL”) and ______________________________, an entity duly organized under the laws of the State of…