QQ2025-006_Housing Rehabilitation_Case#22-034_Final.pdf

City of Delray Beach Housing Rehabilitation/ NCS Division

QQ No. 2025-006

The City of Delray Beach

100 NW 1st Avenue Delray Beach, FL 33444

PURCHASING AND CONTRACT ADMINISTRATION DIVISION

QUICK QUOTE

QQ 2025-006

Housing Rehabilitation Program – NCS Division - Quote #22-034

DUE DATE AND TIME: May 5, 2025 @ 2:00 P.M. (LOCAL TIME)

INSTRUCTIONS

Sealed Submittals must be received on or before the due date and time (local time).

BROADCAST

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

Obtain solicitations from sources other than those named above are cautioned that the Quick Quote package may be incomplete. The City will not evaluate incomplete Submittal packages. Bidnet Direct is an independent entity and is not an agent or representative of the City. Any technical issues must be submitted to BidNet Direct by contacting (800) 990-9339 (toll free). The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites.

CONTACT

Any questions regarding the specifications and solicitation process must be submitted in writing through the “Question” feature on www.bidnetdirect.com//cityofdelraybeach. Requests for clarification and additional information must be received prior to the deadline for Submission of Questions on April 25, 2025 @ 5:00 P.M. (Eastern Time).

http://www.bidnetdirect.com/cityofdelraybeach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations

The City of Delray Beach

100 NW 1st Avenue

LEGAL ADVERTISEMENT

QQ NO.: 2025-006

Housing Rehabilitation Program – NCS Division - Quote #22-034

The City of Delray Beach, Florida (“City”) is seeking Submittals from all Bidders in the approved General Contractor List of Housing Rehabilitation Program located in this Quick Quote Solicitation and all other bidders who have successfully completed a bid with the City in the last 90 days.

Quick Quote documents are available beginning April 11, 2025, on the Purchasing and Contract Administration Division’s webpage of the City of Delray Beach website at:

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

Documents may also be obtained via BidNet Direct www.bidnetdirect.com//cityofdelraybeach, by contacting the City Purchasing and Contract Administration Division at descollinesk@mydelraybeach.com or by phone at (561) 243-7442.

Proposals will be accepted through a secure mailbox at BidNet Direct www.bidnetdirect.com//cityofdelraybeach until the Deadline for Submission as indicated in this Quick Quote. The Due Date and Time for submission of quotes May 5, 2025 @ 2:00 P.M. (Eastern Time). Late Quotes will not be accepted. The City will only accept electronic Quotes for this Solicitation.

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

The City will not hold a Pre-Proposal Conference.

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

CITY OF DELRAY BEACH

file://ITSRVF001/DEPARTMENTS/Finance/Purchasing/FY%202025%20Solicitations/2025-006%20RFQ%20Historic%20Marnie%20Way%20Seawall,%20Roadway,%20Utility,%20and%20Drainage%20Improvements%20CONSTRUCTION%20MANAGER%20AT%20RISK/3.%20Solicitation/www.bidnetdirect.com/cityofdelraybeach mailto:cadeauxp@mydelraybeach.com http://pbgvwss/PBG%20Graphics/Graphics%20and%20Logos/PBG%20logo-Landscape.tif

SPECIAL TERMS AND CONDITIONS

1.1 PURPOSE

The purpose of this Solicitation is to receive quotes from qualified bidders to

• Install Hurricane Clips

• Tear Off Existing Roof and Install New

• Install Impact Windows

• Install Impact Sliding Door

• Install Prehung Exterior Impact Door

• Install Prehung Exterior Door with Impact Glass

• Paint house complete

• Add Pavers Front of Porch Stoop

• Install Interior Door

• Install Base Trim,

• Install Ceramic Tile

• Repair Drywall

• Install Hot Water Heater

• Replace Tub/Shower Combination

• Replace Toilet

• Install Exterior Light Fixtures for the property located at 1208 NW 2nd St., Delray Beach, Florida 33444-1619. Qualified bidder shall furnish all services and other deliverables necessary for the successful completion of the proposed project. The contractor shall furnish all labor, equipment, and materials required for the completion of this project in accordance with the terms, conditions, and specifications contained in this Quick Quote.

1.2 PRE-BID SITE VISIT

The City will hold a Non-Mandatory Pre-Bid Site Visit on April 18, 2025 @ 10:00 A.M., (LOCAL TIME). The Non-Mandatory Pre-Bid Site Visit will be held at Job Site Located at:

1208 NW 2nd St

1.3 CONTRACT MEASURES AND PREFERENCES

Intentionally Omitted

1.4 TERM OF CONTRACT

The Contract shall be a one-time award via purchase order.

1.5 OPTIONS TO RENEW

1.6 METHOD OF AWARD: LOWEST PRICE

The City will award this contract to the responsive and responsible Bidder who submits the lowest price to perform the work.

Vendors must bid on ALL line items within all Groups to be considered responsive to the bid requirements. The City’s intent is to award this contract by TOTAL PRICE, the sum of all line items within all Groups, to the low responsive, responsible bidder. Bidders must indicate “No Charge” in the “Notes for Buyer” section in BidNet Direct on items that are included at no additional charge by place $0.00 in the offer field.

1.7 PRICES SHALL BE FIXED AND FIRM

If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the performance of the Work, notwithstanding price adjustments made in accordance with Section 1.8.

The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.

1.8 PRICE ADJUSTMENTS BASED ON GOVERNMENTAL PRICE INDEX

1.9 EXAMINATION OF BID SPECIFICATION

Prior to submitting its offer, it is recommended that the Bidder visit the site of the proposed work and 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 advised to carefully examine any drawings, specifications, or equipment, and become thoroughly aware 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. Refer to Section 1.26 and Instruction Bidders Paragraph 2.

1.10 EQUAL PRODUCTS

1.11 INSURANCE

The awarded bidder shall not commence any performance pursuant to the terms of this solicitation until certification or proof of insurance has been received and approved by the City’s Risk Manager or designee.

The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of A- VIII or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Delray Beach shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach.

The awarded bidder must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration.

The awarded bidder shall provide insurance coverage as follows:

a. WORKERS COMPENSATION AND EMPLOYER’S LIABILITY

Workers Compensation Insurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation.

Employer’s Liability Insurance with a limit of not less than $100,000 for each accident, $100,000 for each occurrence, and $500,000 in the aggregate.

b. COMPREHENSIVE GENERAL LIABILITY Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured.

NOTE: If Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00).

c. AUTOMOBILE LIABILITY Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars ($1,000,000.00) each occurrence.

d. The awarded bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Delray Beach as an additional insured.

All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Division located at 100 N.W. 1st Ave., Delray Beach, FL 33444.

1.12 PERFORMANCE BOND

1.13 CERTIFICATIONS

Any Bidder that submits an offer in response to this Solicitation shall, at the time of such offer, hold all necessary certifications issued by the State or County Examining Board qualifying the Bidder to perform the work proposed for this project. If other professions or trades are required in conjunction with this Solicitation and such work/services will be performed or provided by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder’s offer; provided, however, that the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s) certificate to the City during the evaluation period.

1.14 BID BOND/GUARANTY

1.15 METHOD OF PAYMENT:

The awarded Bidder shall submit an invoice to the City for progress payments for work that has been completed and has been inspected and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the completion of that portion of the work. Under no circumstances shall the invoice be submitted to the City in advance of the completion and acceptance of the work.

The invoice shall contain the following basic information: the awarded Bidder’s name and address, invoice number, date of invoice, description of the goods or service, the contract number, purchase order number, and any discounts.

The city prides itself on paying its vendors promptly and efficiently, and as such requires that vendors accept payment via wire transfer, ACH (direct deposit), or an appropriate electronic payment method. The City is averse to issuing paper checks and seeks to discontinue this practice.

All payments shall be made in accordance with the Florida Prompt Payment Act, Section 218.74, Florida Statutes, upon presentation of a proper invoice by the awarded Bidder.

1.16 WARRANTY REQUIREMENTS:

In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the services received from the awarded Bidder does not constitute a waiver of these warranty provisions.

1.17 ADDITIONAL FACILITIES OR PRODUCTS

Although this Solicitation and resultant Contract may identify specific tasks, it is hereby agreed and understood that any product or task may be added to this Contract at the option of the City, for similar products or tasks. The awarded Bidder shall be invited to submit price quotes for these additional products or tasks. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the awarded Bidder by formal modification of the Contract or Purchase Order. The City may determine to obtain price quotes for the additional product or task f from non-contract awarded Bidder(s) in the event that fair and reasonable pricing is not obtained from the awarded Bidder, or for other reasons, at the City’s discretion.

1.18 CATALOGS AND PRICE LISTS

1.19 CLEAN UP

The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday and dispose of the same in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved.

1.20 ACCIDENT PREVENTION AND BARRICADES

Precautions shall be exercised at all times for the protection of persons and property. All Vendors performing services or delivering goods under this contract shall conform to all relevant OSHA, State and City regulations during the course of such an effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed in areas traversed by persons, or when deemed necessary by the City.

1.21 DEMONSTRATION OF EQUIPMENT

1.22 HOURLY RATE

1.23 MOTOR VEHICLE LICENSE REQUIREMENT

Bidders’ employees/staff, authorized/assigned to this project must possess a current valid license issued by the state of Florida Department of Agriculture and Consumer Affairs, and or proof of current licensure shall be submitted with bid.

1.24 PATENTS AND ROYALTIES

1.25 RELEASE OF CLAIM REQUIRED

Pursuant to Section 255.05, Florida Statutes, all payments to the awarded Bidder’s subcontractors shall be made within ten (10) days of receipt of the partial payment by the awarded Bidder. With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten

(10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Bidder must provide the City's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished.

1.26 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED

As part of its Bid, the Bidder must identify any subcontractors that will be used in the performance of the proposed work, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder fails to identify any subcontractors in the Bid, the Bidder may be allowed to submit this documentation during the Bid evaluation period, if such action is in the best interest of the City.

Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City.

1.27 TRANSFER PROHIBITED

Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement, or of any or all of its rights, title or interest herein, or its power to execute such Agreement to any person, company or corporation, without prior written consent of the City.

1.28 OTHER FORMS OR DOCUMENTS

If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this

Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder’s forms or documents.

1.29 FAILURE TO DELIVER OR COMPLETE WORK

Should the awarded Bidder fail to deliver or complete the work within the time stated in the Contract, it is hereby agreed and understood that the City reserves the authority to cancel the Contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shall be responsible for paying the awarded Bidder for work which was completed, and items delivered and accepted by the City in accordance with the Contract specifications. The City may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo, for any additional costs over and beyond the original Contract price, which were incurred by the City, as a result of having to secure the services of another vendor.

1.30 STORAGE OF MATERIALS

Suitable storage facilities shall be furnished by the awarded Bidder. All materials, supplies and equipment intended for use in the work shall be suitably stored by the awarded Bidder to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. All hazardous materials must be stored in compliance with all pertinent requirements concerning their safe use and storage. The bidder will refuse to accept or sample for testing materials, supplies or equipment that have been improperly stored, as determined by the Bidder. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. Delivered materials shall be stored in a manner acceptable to the City before any payment for same will be made. Materials strung out along the line of construction will not be allowed unless the materials will be installed within one week from the time of unloading and stringing out.

1.31 CORRECTING DEFECTS

The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the City may procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing.

1.32 PRESERVATION OF PROPERTY

The awarded Bidder shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the awarded Bidder, it shall be immediately restored to its original condition by the awarded Bidder at no cost to the City. In case of failure on the part of the awarded Bidder to restore such property, or make good such damage for injury, the City may, after 48 hours’ notice to the awarded Bidder, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due, or which may become due the awarded Bidder under this contract.

1.32 OMISSIONS IN SPECIFICATIONS

The Statement of Work or description of items contained within this Solicitation describes the various work requirements deemed necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the Specifications and/or Statement of Work shall not relieve the awarded Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project.

1.33 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS

The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant Contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the awarded Bidder at the awarded Bidder’s expense and the Contract cancelled or (2) the City may require the awarded Bidder to replace the materials at the awarded Bidder’s expense.

1.34 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS

The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace.

Accordingly, the awarded Bidder performing under this Contract is required to provide two (2) complete sets of Material Safety Data Sheets to the City for any products that are subject to these regulations. This information shall be provided at the time when the initial delivery is made, on a product-by-product basis.

MINIMUM QUALIFICATIONS

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

i. Bidder is registered with the States of Florida, Division of corporations to do business in Florida.

No documentation is required. The City will verify.

ii. Must have been in business for a minimum of five (5) years prior to the Due Date. Provide supporting documentation (e.g. state, county, city business registration; occupational license) that confirms Bidder has been in business for a minimum of five (5) years prior to the Due Date.

iii. Bidder has a Florida State General Contractor’s license or current certificate of competency issued by Palm Beach County Examining Board having jurisdiction over licensing off Contractors in the type of work involved in this project. If Bidder is utilizing a subcontractor to meet this minimum qualification, please disclose the name of the subcontractor and provide proof of current certification. Provide proof, in the form of a copy of certification(s), that the Bidder meets this qualification.

iv. Bidder has submitted pricing utilizing the pricing form contained in this Quick Quote. No additional documentation is required. The City will verify from Bidder’s Bid.

v. Bidder has previously provided acceptable services for the type of work identified in this Quick Quote. Submit up to three (3) client references for whom Bidder has provided similar services similar to those specified in this Quick Quote in the past three (3) years and who are agreeable to respond to a request from the City regarding bidder’s experience. Each client reference should include the following:

a. Organization name:

b. Contact Name(s):

c. Contact Email Address:

d. Address:

e. Telephone Number:

f. Dates of Service (start/end):

g. Type of Work (brief description):

vi. Bidder Is NOT listed on the Florida Department of Management Services, Convicted Vendor List as defined in Florida Statute Section 287.133(3) (d). No documentation is required. The City will verify the status.

vii. Bidder has no reported conflict of interests in relation to this Quick Quote. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect.

viii. Bidder Is NOT listed on the System for Award Management (SAM), electronic roster of debarred companies excluded from Federal procurement and non-procurement programs throughout the U.S. Government (unless otherwise noted) and from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and nonfinancial assistance and benefits.

No documentation is required. The City will verify the status. Per Section 34.f. Rejection of quotes of the City’s Purchasing Policies and Procedures Manual, vendors may be deemed non-responsible if: Vendor have been declared to be in default on any City or public entity contract, debarred or suspended by any public entity.

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Exhibit

Write-Up

NEIGHBORHOOD SERVICES DIVISION

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. INTERPRETATIONS OR ADDENDA

All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing and Contract Administration Division. Interpretations or clarifications considered necessary by the Purchasing and Contract Administration Division in response to such questions will be issued by addenda and uploaded to Bidnet Direct www.bidnetdirect.com. Any questions regarding the specifications and solicitation process must be submitted through the “Question” feature on Bidnet Direct www.bidnetdirect.com. All such addenda shall become part of Contract and all Bidders shall be bound by such addenda.

2. INSPECTION OF SITE

Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligations under it due to his failure to received or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the City of Delray Beach will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

3. ALTERNATIVE BIDS

No alternative bids will be considered unless specifically requested by the Purchasing Division.

4. BIDS

a. All electronically submitted Bids must be on forms supplied by the City of Delray Beach and shall be subject to all requirements of the Contract Documents, including the Drawings, and these INSTRUCTIONS TO BIDDERS. All bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Proposal Work Write-up by the Bidder.

b. Sealed Electronic Proposals of the Bid shall be submitted at the time and place indicated in the

Bid form. Each bid shall be accompanied by all required documents. Bidder assume full responsibility for timely delivery of its Bid, which must be sent electronically on Bidnet Direct www.bidnetdirect.com.

c. The City of Delray Beach may consider as irregular any Bid on which there is an alternation of or departure from the Bid Proposal Work Write-up hereto attached and at its option may reject the same.

d. Bidder Is NOT listed on the System for Award Management (SAM), electronic roster of debarred companies excluded from Federal procurement and non-procurement programs throughout the U.S. Government (unless otherwise noted) and from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and nonfinancial assistance and benefits.

No documentation is required. The City will verify the registration status. Per Section 34 (f) Rejection of Bids or Proposals of the City’s Purchasing Policies and Procedures Manual, vendors may be deemed non-responsible if: Vendor have been declared to be in default on any City or http://www.bidnetdirect.com/ public entity contract, debarred or suspended by any public entity. Purchasing Procedure Manual.

https://www.delraybeachfl.gov/home/showpublisheddocument/12270/638140626086330000.

5. COLLUSIVE AGREEMENTS

Each Contractor accepting a contract through the City of Delray Beach for any portion of the work contemplated by the documents on which bidding is based shall execute an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted.

6. NON-SEGREGATED FACILITIES AGREEMENT

Each Contractor accepting a contract through the City of Delray Beach shall execute an affidavit in the form herein providing to the effect that he/she will not maintain or provide for segregated facilities.

7. STATEMENT OF BIDDER’S QUALIFICATIONS

Each Bidder shall, upon request of the Neighborhood Services Division, furnish for that purpose (a copy of which is included in the Contract Documents) a statement of the Bidders qualifications, his experience record in constructing the type of improvements embraced in the contract, his organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement.

The Neighborhood Services Division shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City of Delray Beach that the Bidder is qualified to carry out properly the terms of the Contract.

8. UNIT PRICES

The unit price for each of the several items in the proposal of each Bidder shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five percent (25%), except for work not covered in the Drawing and Technical Specifications as provided for in Section 109 thereof.

9. CORRECTIONS

Addenda may also be issued to make corrections or modify the Bidding Documents as deemed advisable by the City.

10. TIME FOR RECEIVING BIDS

All bids shall be submitted electronically via Bidnet Direct (www.bidnetdirect.com)

11. OPENING OF BIDS

At the time and place fixed for the opening of Bids, the City of Delray Beach Purchasing Division or approved representative will cause to open and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein, Bidders and other persons properly interested may be present, in person or by representative.

https://www.delraybeachfl.gov/home/showpublisheddocument/12270/638140626086330000

12. WITHDRAWAL OF BIDS

A Bid shall be irrevocable unless the Bid is withdrawn as provided therein. Only a written letter received by the Purchasing Division prior to the due date for Bids may withdraw a Bid. A Bid may be withdrawn ninety (90) days after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on a company letterhead and signed by an authorized agent of the Bidder.

1. AWARD OF CONTRACT: REJECTION OF BIDS

a. The contract will be awarded to the most responsible, responsive Bidder whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the City. The Bidder to whom the award is made will be notified at the earliest possible date. The City of Delray Beach, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

b. The City of Delray Beach reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the Improvements embraced in this Contract.

GENERAL CONDITIONS

PART I

101. DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a. The term “Contract” means the Contract executed by the City and the Contractor, of which these

GENERAL CONDITIONS, PARTS I and II form a part.

b. The term “Contractor” means the person, firm or corporation entering into the Contract with the

Homeowner to construct and install the Improvements embraced in this Contract.

c. The term “Engineer” means the City of Delray Beach’s Community Improvement Department, serving the Local Public agency with architectural or engineering services, his successor, or any other person or persons employed by said Local Agency for the purpose of directing or having in charge the work embraced in this Contract, the said engineer acting, directly or having in charge the work embraced in this Contract, the said Engineer acting directly or indirectly through any Assistant Engineer having immediate charge of a portion thereof limited by the particular duties entrusted to him.

d. The term “Local Government” means the City (town, borough, or political subdivision) within which the Project Area is situated.

e. The term “Contract Documents” means and shall include the following: Executed Contract, Addenda (if any), Quick Quote, Instructions to Bidders, Signed Copy of Bid, General Conditions;

Parts I and II, Special Conditions, Technical Specifications and Drawings.

f. The term “Technical Specifications” means that part of the Contract documents which describes, outlines and stipulates; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Contract.

g. The term “Addendum” or “Addenda” means any changes, revisions or clarifications of the

Contract Documents which have been duly issued by the Neighborhood Services Division to prospective Bidders prior to the time of receiving Bids.

h. The term “Secretary” means the Secretary of Housing and Urban Development, or other persons who may be at the time acting in the capacity or authorized to perform the functions of such secretary, or the authorized representative thereof.

102. SUPERINTENDENCE BY CONTRACTOR

a. Except where the Contractor is an individual and gives his/her personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City of Delray Beach, on the work at all times during working hours with full authority to act for him/her. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his/her work.

b. The Contractor shall lay out his/her work and he/she shall be responsible for all work executed by him/her under the Contract. He/she shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his/her failure to do so.

103. SUBCONTRACTORS

a. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he/she has submitted a non-collusion affidavit from the subcontractor in substantially the form as shown elsewhere in these Contract Documents and has received written approval of such subcontractor from the City of Delray Beach.

b. No proposed subcontractor shall be disapproved of by the Neighborhood Services Division except for cause.

c. The contractor shall be as fully responsible to the Neighborhood Services Division for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by them, as he/she is for the acts and omissions of persons directly employed by him/her.

d. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the Contract.

e. Nothing contained in the Contract shall create any contractual relations between any subcontractor and the City of Delray Beach.

104. OTHER CONTRACTS

The City of Delray Beach may award, or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his/her own work with that to be performed under other Contracts as may be directly by the City of Delray Beach. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled.

105. FITTING AND COORDINATION OF WORK

a. The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractor or material men engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

b. Pre-Construction Conference. At the awarding of the Contract and the issuance of the “Notice to

Proceed” order, a pre-construction conference will be held between the Contractor and a representative of the Neighborhood Services Division, and any other persons designated by the City of Delray Beach to have a material interest in the work. The time and place of this conference will be set by the Neighborhood Services Division. The Contractor shall bring with him to this conference a copy of his proposed work progress schedule for the job.

c. Notice to Proceed. For Contracts bearing a specified number of calendar days to complete, as stated in the bid form, effective date for starting the work shall be so stated in writing by the “Notice to Proceed” issued by the Neighborhood Services Division. The effective date of the beginning of work stipulated in the “Notice to Proceed” shall be set at a date no later than ten

(10) calendar days after the date of execution of the Contract Documents, unless otherwise mutually agreed by the Contractor and the Neighborhood Services Division.

106. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor. If such other Contractor or subcontractor shall assert any claim against the City of Delray Beach on account of any damage alleged to have been so sustained, the City of Delray Beach will notify this Contractor who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the City of Delray Beach shall be allowed, the Contractor shall pay or satisfy such judgment or claims and pay all costs and expenses in connection therewith.

107. PAYMENTS TO CONTRACTOR

Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows:

Partial payments of up to 75% of the contract amount with a 10% retention of each draw at the listed percentage work completion of the contract to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Division Office, where the contract amount for an individual project exceeds $7,000.

All material and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Contract, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under the Contract for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day the Contract remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, The City of Delray Beach’s Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor for the expressed and sole purpose of authorizing the Neighborhood Services Division to transfer this sum to the appropriate Neighborhood Services Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions.

108. CHANGES IN THE WORK

a. The Neighborhood Services Division may make changes in the scope of the work required to be performed by the Contractor under the Contract of making the Contract, and without relieving or releasing the Contractor from any of his/her obligations under the Contract or any guarantee given by him pursuant to the Contract provisions. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise.

b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Neighborhood Services Division authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

c. If applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices), the Neighborhood Services Division may order the Contractor to proceed with desired united prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (25%) in accordance with the Section entitled Unit Prices, under INSTRUCTIONS TO BIDDERS.

d. If applicable unit prices are NOT contained in the Agreement or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%), the Neighborhood Services Division shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows:

(1) If the proposal is acceptable, The Neighborhood Services Division will prepare the change order in accordance therewith for acceptance by the Contractor and

(2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Neighborhood Services Division may order the Contractor to proceed with the work on a cost-plus limited basis. A cost-plus limited basis is defined as the net cost of the Contractor’s labor, materials and insurance plus fifteen percent (15%) of said net cost to cover overhead and profit, the total cost not to exceed a specified limit.

e. Each change order shall include in its final form:

(1) A detailed description of the change in the work,

(2) The Contractor’s proposal (if any) or a conformed thereof,

(3) A definite statement as to the resulting change in the contract price and/or time, and

(4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

109. CLAIMS FOR EXTRA COST

a. If the Contractor claims that any instructions by Drawings or otherwise, involve extra cost or extension of time, he/she shall within ten (10) days after the receipt of such instructions and in any event before proceeding to execute the work, submit his/her protest thereto in writing to the Neighborhood Services Division, stating clearly and in detail the basis of his/her objections. No such claims will be considered unless so made.

b. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and Maps shall at once be reported to the Neighborhood Services Division and work shall not proceed except at the Contractor’s risk, until written instructions have been received by him/her from the Neighborhood Services Division.

b. If, on the basis of the available evidence, the Neighborhood Services Division determines that an adjustment of the Contract Price and/or time is justifiable, the procedure shall be as provided in Section 108 thereof.

110. TERMINATION OF DELAYS

In the event that any of the provisions of this contract are violated by the Contractor, or by any of his/her subcontractors, the Owner, with the approval of the City of Delray Beach’s Neighborhood Services Division, may serve written notice upon the Contractor of his/her intention to terminate the contract and said notices will contain the reasons for such intention to terminate the contract.

The contract shall, upon the expiration of a ten (10) day period, cease and terminate, unless within said ten (10) day period after serving of notice upon the Contractor, such violation or delay shall cease and satisfactory arrangements for correction be made. In the event of any such termination, the Owner may, for the purpose of completing the work, take over the work by entering into a subsequent contract. In this event, the Contractor shall be liable to the Owner, as represented by the Neighborhood Services Division, for any costs in excess of the contract amount stipulated herein or as amended by subsequent change orders, which are incurred in the completion of the defaulted work. The Contractor agrees to relieve this liability by providing an amount equal to the excess costs incurred. Payment shall be made to the City of Delray Beach for the expressed and sole purpose of depositing this amount in the appropriate Neighborhood Services Account as a reimbursement to the Program.

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any excusable delays due to the following:

1. Acts of the Government restricting labor, equipment or materials by reason of national emergency.

2. Acts on the part of the Owner or the Neighborhood Services Division.

3. Causes beyond the control and without the fault or negligence of the Contractor including but not restricted to the following: Acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather. (This does not include stop work orders for code violations.)

It shall be the responsibility of the Contractor to notify the City of Delray Beach’s Neighborhood Services Division in writing of any such delay within ten (10) consecutive days. Upon receipt of such notification the Neighborhood Services Division will evaluate the cause and extent of delay.

If upon the basis of the facts and the terms of this agreement, the delay is found properly excusable, the City of Delray Beach’s Neighborhood Services Division shall extend the time for project completion for a period of time commensurate with the period of the excusable delay. In the event of Contract termination, the provisions of this Contract pertaining to: Conflict of Interest, Governmental Audit; and Record Retention shall remain in full force and effect until such time as the provision regarding record retention has elapsed.

111. ASSIGNMENT OR NOVATION

The Contractor…