riviera b ITB_26-017.pdf

CONSTRUCTION INVITATION TO BID COVER SHEET

SOLICITATION NUMBER: ITB 26-017

SOLICITATION TITLE: BICENTENNIAL PARK KIOSK REPAIRS AND

IMPROVEMENTS (KIOSKS 1-4) RE-BID

ISSUE DATE: May 19, 2026

PRE-SOLICITATION MEETING AND

SITEWALK-THROUGH:

THURSDAY, MAY 28, 2026

TIME: 1:00PM

LOCATION: RIVIERA BEACH MARINA EVENT CENTER

190 E 13TH STREET

RIVIERA BEACH, FL 33404

Site Walk-Through to immediately follow the Pre- Bid Meeting

QUESTIONS DEADLINE: June 2, 2026, at 5:00 pm ET

BID DUE DATE: June 18, 2026, at 2:00 pm ET

The City of Riviera Beach (City) reserves the right to modify or alter the following procurement schedule as needed.

PROCUREMENT SPECIALIST Glendora Williams, Senior Procurement Specialist

EMAIL ADDRESS: GVWilliams@rivierabeach.org

The City of Riviera Beach reserves the right to cancel this ITB at any time and for any reason before the City Council awards a contract.

Bids must be received electronically ONLY via the BidNet website

(https://www.bidnetdirect.com/florida/cityofrivierabeach).

CITY OF RIVIERA BEACH

Procurement Department 1481 W. 15th Street Riviera Beach, Florida 33404

TABLE OF CONTENTS

TABLE OF CONTENTS

I. NOTICE TO BIDDERS

II. NON-MANDATORY PRE-BID MEETING AND SITE WALK-THROUGH

III. ELECTRONIC PROPOSAL OPENING

IV. GENERAL INFORMATION

V. SCOPE OF WORK

VI. INSTRUCTIONS TO BIDDERS

VII. SOLICITATION TERMS AND CONDITIONS

VIII. STANDARD CONTRACT REQUIREMENTS, SPECIAL TERMS AND CONDITIONS

TABLE OF ATTACHMENTS AND REQUIRED FORMS:

ATTACHMENT A – Offeror’s Required Forms

1. Addendum Acknowledgment

2. Authorized Signatories

3. Certificate of Insurance Acknowledgement Form

4. Cone of Silence Acknowledgement Form

5. Conflict of Interest Disclosure Form

6. Drug Free Workplace Form

7. E-Verify Affirmation Statement

8. Human Trafficking Affidavit

9. Litigation Statement

10. Non-Discrimination Affidavit

11. Non-Collusion Affidavit

12. Proposal Certifications

13. Public Access Form

14. Public Entity Crimes Affidavit

15. Required References

16. Scrutinized Companies Certification

17. Bid Bond

18. Performance and Payment Bond Acknowledgement Form

19. Payment Bond Acknowledgement Form

20. Business License (www.myfloridalicense.com)

21. Certificate of Good Standing (www.sunbiz.org)

22. General Contractor License (www.myfloridalicense.com)

ATTACHMENT B – SAMPLE STANDARD CONTRACT FOR CONSTRUCTION

ATTACHMENT C – LOCAL BUSINESS PREFERENCE PROGRAM & AFFIDAVIT

ATTACHMENT D – REQUEST FOR APPROVED EQUALS FORM

The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Riviera Beach

1. _______ Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. _______ Note the procurement contact’s name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have.

3. _______ Attend the pre-bid, proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City and/or the CRA of any ambiguities, inconsistencies, or errors in the RFP.

4. _______ Take advantage of the “question and answer” period. Submit your questions online in BidNet by the advertised due date and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are available online in BidNet and will include all questions asked and answered concerning the RFP.

5. _______ Follow the format required in the RFP when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City and/or the CRA or evaluation committee will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City and/or the CRA. The Proposals are evaluated based solely on the information and materials provided in your response.

7. _______ Check for RFP addenda. Before submitting your response, check online in BidNet for any addenda the

City and/or the CRA has issued.

8. _______ Technical and Cost/Fee Proposals MUST be submitted separately. Cost included in technical proposals will be deem NON RESPPONSIVE.

9. _______ Review and read the RFP document again to make sure that you have addressed all requirements.

10. _______ Submit your response on time. Note all the dates and times listed in the RFP and be sure to submit all required items on time.

Late proposals responses are never accepted. Don’t wait until the last minute to upload electronically in BidNet.

This checklist is provided for assistance only and should NOT be submitted with Offeror’s Response

I. NOTICE TO BIDDERS

The City of Riviera Beach utilizes BidNet as its exclusive electronic solicitation platform. Bids must be submitted in BidNet and presented according to this solicitation's instructions and within the stated time constraints.

Bidding documents, including drawings and specifications, Plan Holders List, Bid Form, and Addendum(s), may be uploaded to BidNet when available. The address is: https://www.bidnetdirect.com/florida/cityofrivierabeach.

All communications regarding this solicitation will be directed only to the Procurement Specialist listed on the cover page of this solicitation.

AT THE TIME OF SUBMITTAL, AND AT ALL TIMES DURING THE PERFORMANCE OF THIS CONTRACT, BIDDER WILL BE AN APPROPRIATELY LICENSED CONTRACTOR IN THE STATE OF FLORIDA TO PERFORM THE WORK AS IDENTIFIED IN THE INVITATION FOR BID; ALL PROPOSED SUBCONTRACTORS WILL BE APPROPRIATELY LICENSED AS CONTRACTORS IN THE STATE OF FLORIDE FOR PERFORMING THE PORTION OF THE WORK FOR WHICH THEY ARE

RESPONSIBLE.

II. NON-MANDATORY PRE-BID MEETING AND SITE WALK-THROUGH

A Non-Mandatory Pre-Bid Meeting will be held Thursday, May 28, 2026, at 1:00 PM, Eastern Time.

Riviera Beach Marina Event Center 190 E 13th Street

Riviera Beach, FL 33404

All bidders are encouraged to attend. The scope of work and technical aspects of the project will be discussed.

Any perceived or apparent omission or discrepancy in the Bid Documents and any questions may be presented, however, oral statements or instructions will not constitute an addendum to the Invitation to Bid. Any questions or discrepancies in Bid documents will only be addressed upon receipt of official written questions in BidNet Direct.

Immediately following the Non-Mandatory Pre-Bid Meeting, a Non-Mandatory Site Walk-Through will be conducted at the Riviera Beach Marina Event Center.

III. ELECTRONIC PROPOSAL OPENING

Bids must be submitted in BidNet and presented in accordance with this solicitation's instructions and within the stated time constraints.

All City of Riviera Beach solicitations will be opened electronically via the BidNet Direct website (https://www.bidnetdirect.com/florida/cityofrivierabeach) at the date and time indicated in the solicitation. This meeting will be conducted virtually via the Microsoft Teams Platform and in person at the City of Riviera Beach, 1481 West 15th Street, Public Works East Conference Room, Riviera Beach, Florida 33404. Bidders may attend this meeting in real-time on a computer, laptop, cell phone, or any other device with Wi-Fi access.

Microsoft Teams:

Join: https://teams.microsoft.com/meet/276886437168851?p=WRklh7NIhNiISwCdTm

Meeting ID: 276 886 437 168 851 Passcode: CE9Yn2dK

Dial in by phone +1 872-242-8933,,97248146# United States, Chicago

Find a local number Phone conference ID: 972 481 46#

Get the app now and be ready when your first meeting starts: https://www.microsoft.com/en-us/microsoft-teams/download-app

IV. GENERAL INFORMATION

A. HISTORY AND BACKGROUND

The City of Riviera Beach (“City”) is located along the Atlantic shores of southeast Florida in Palm Beach County.

With a population of more than 38,000 residents, Riviera Beach is home to one of the most impressive beaches in the southeastern United States, boasting an average year-round temperature of 75 degrees.

Along the waterfront in Riviera Beach, residents and tourists enjoy the city’s shops, restaurants, and spectacular attractions. The waterfront marketplace draws in crowds of tourists headed for the cruise ships; the Port of Palm Beach is located in Riviera Beach, and the Margaritaville at Sea cruise ship departs every other day. Riviera Beach is a growing harbor city located along the shores of the Atlantic Ocean in southeast Florida, USA.

The City’s municipal beach is one of the finest in the state. Our beautiful sandy beaches make Riviera Beach an appealing place for sporting events. Our community and visitors provide an interesting, varied mix of young people, families and retirees from just about anywhere.

B. BID SUBMISSION:

Electronic bid responses shall be submitted via BidNet in response to this SOLICITATION, prior to the designated bid due date and time indicated on the ITB Cover Page.

It will be the sole responsibility of the Bidder to become familiar with the scope of services, City’s and/or CRA’s requirements, and systems prior to submitting a bid.

Late submittals and paper bid submittals will not be accepted or considered. BidNet Direct’s platform will not accept late submittals.

C. ADDENDUMS AND INTERPRETATIONS:

The City and/or CRA reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If an addendum is issued, Bidder must follow the instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Bidders to monitor the solicitation for any changing information, prior to submitting their response.

No interpretations of the meaning of the plans, specifications, scope of work or other contract documents will be made orally to any Bidder. Bidders must request such interpretation in writing as instructed in the ITB solicitation package. To be considered, such request must be received by the Questions and Answers deadline as indicated on ITB Cover Page and on Bidnet . Questions received after this time will NOT be answered.

D. QUESTIONS

Prospective Bidders are required to submit any questions related to this solicitation electronically through BidNet by the deadline specified within the solicitation documents. No other forms of submission will be accepted, and only those questions submitted via BidNet will be officially received and addressed. It is the sole responsibility of the Bidder to adhere to this procedure for submitting inquiries.

Responses to all questions received within the designated solicitation period will be posted as an addendum in BidNet. Bidders are advised that failure to report any known or suspected issues, or failure to seek clarification or correction of any aspect of the solicitation, will be done at their own risk.

THE CONTRACTOR MUST POSSESS BUSINESS LICENSES, APPLICABLE GENERAL OR SPECIALIZED LICENSES, AND CERTIFICATION(S) TO BE CONSIDERED RESPONSIVE AND RESPONSIBLE TO THIS SOLICITATION.

Failure to submit proof all required license(s) and certification(s) with proposal submittal will result in a non-responsive and responsible determination.

Required licenses and certifications will consist of the following, but is not limited to:

State:

• Business License

• Certificate of Good Standing

• General Contractor License

E. CONTRACT PERIOD:

This is a one-time fixed project.

F. CONE OF SILENCE:

Section 2-166 (Cone of Silence) of the City; Code of Ordinances, prohibits any communication, except written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between any person’s representative seeking award from such competitive solicitation;

and any City Council person or legislative staff, or any City employee authorized to act on behalf of the Council to award a contract under this Bid.

The Cone of Silence shall be in effect as of the deadline to submit the proposal, bids or other response to this competitive solicitation and shall remain in effect and subject to the terms of this section for any person or person’s representative.

The provisions of this division shall not apply to oral communications at any public proceeding, including pre-bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the Council and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, Council member, or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

The cone of silence shall terminate at the time the Council, awards or approves a contract, rejects all bids or responses or otherwise takes action, which ends the solicitation process.

Any Contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

Penalties for violation of the Cone of Silence shall be applied per Section 2- 168 (Penalties) of the City; Code of Ordinances.

G. ACCEPTANCE OF BIDS / MINOR IRREGULARITIES

The City and/or CRA reserves the right to accept or reject any and all bids, part of bids and waive minor irregularities or variances to specifications contained in bids, which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give an offeror an advantage or benefit not enjoyed by other offerors, does not adversely impact the interests of other firms, or does not affect the fundamental fairness of the solicitation process. The City and/or CRA also reserves the right to reissue an Invitation to Bid.

H. APPROVED EQUALS OR EQUIVALENT

The Contractor may use Approved Equal or Equivalent equipment and parts as applicable to stay in compliance with current industry standards. The Contractor shall provide The Procurement Department Contact the technical specification and data sheets for any hardware, equipment, parts, accessories, licenses, and management controls that meet or exceed the minimum requirement listed herein. Bidders shall complete Attachment “D” - Request for Approved Equal Form and submit a request prior to the bid due date. Approval of such request is at the control and approval of the City and/or CRA.

The City and/or CRA reserves the right to disqualify bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer.

I. CHANGES AND ALTERATIONS

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

J. MATERIAL MODIFICATIONS / ALTERATIONS

Material modification and/or alterations to the verbiage or documents herein made by the Offeror’s is expressly prohibited and is not enforceable. Modifications and/or alterations may render the proposal submission void and bar the Offeror from consideration in connection with this solicitation.

K. TRANSACTION FEES

The City of Riviera Beach uses BidNet to distribute bids and proposals. There is no charge to register and participate in the solicitation process, nor will any fees be charged to the awarded Proposer.

V. SCOPE OF WORK

A. BACKGROUND

The Riviera Beach Community Redevelopment Agency (CRA) is at the forefront of the City’s vibrant transformation, serving as the strategic guide for redevelopment initiatives. Its principal mission is to guide the City’s redevelopment efforts. This involves strategically investing public funds into key infrastructure projects that catalyze additional private investment, stimulate job creation, and improve the quality of life for City residents.

Beyond these infrastructural improvements, the Riviera Beach CRA is deeply committed to enhancing the daily lives of Riviera Beach’s residents through a variety of programs. The agency has successfully renovated Beach Park and revitalized the City’s marina, providing families with public access to the waterfront and its amenities.

Additionally, by funding not-for-profit organizations, the Riviera Beach CRA helps build new homes, improve neighborhoods, and deliver essential services to residents. The Clean and Safe Program, another significant initiative, enhances both the visual appeal and security of the community.

The Riviera Beach CRA further boosts economic vitality with its Business Services and Grant Incentives programs, designed to eliminate blight, attract new businesses, and retain existing ones, thus maintaining the City’s economic stability.

The goals and objectives of the Riviera Beach CRA are to:

• To reduce poverty in the City of Riviera Beach through development within the Riviera Beach CRA area.

• To implement the City’s redevelopment plan where every individual is respected as a stakeholder.

• To ensure that the public waterfront is protected and enhanced by the project.

• To provide a tangible return to the City’s residents which will pay dividends for future generations.

• To create a vibrant waterfront that is welcoming to both residents and visitors and strengthens our public spaces and community assets.

• To give residents and local businesses in the community an opportunity to participate meaningfully in the redevelopment process.

• To recognize the economic opportunities of the unique waterfront location of Riviera Beach’s Marina

Village to create an engine of revitalization, attracting new investment, business, and jobs.

By integrating these comprehensive efforts, the Riviera Beach CRA not only transforms the City's landscape but also empowers the community to engage actively in a shared vision of growth and prosperity.

The following information and instructions are given for the purpose of guiding Proposer’s in properly preparing their proposal responses and are standard for Request for Proposal (RFP) Solicitations as issued by the Riviera Beach CRA. These directions and instructions have equal force and weight with the scope of services, specifications and strict compliance which is required with all of these provisions. The Riviera Beach CRA may delete, modify supersede any of these standard instructions for a particular contract to Contractor or in the line item. It is the Proposer’s sole responsibility to become familiar with the scope of services, CRA requirements, and systems prior to submitting a proposal.

B. PROJECT OVERVIEW

The City and/or CRA is soliciting qualified contractors to provide comprehensive repairs, maintenance, and improvements to four (4) existing kiosks located within Bicentennial Park. These kiosks support water-related recreational uses and are exposed to coastal and marine environmental conditions that have contributed to structural wear, material deterioration, and safety concerns.

The project is based on recent inspection reports and is intended to address both immediate repair needs and longer-term durability through the use of hurricane-rated, marine grade, and moisture-resistant materials.

C. PROJECT PURPOSE

The purpose of this project is to:

• Restore the structural integrity and functionality of the kiosks.

• Improve safety, code compliance, and weather resistance.

• Address deterioration caused by salt air, moisture, sand erosion, and heavy use.

• Extend the useful life of the kiosks while maintaining a consistent and professional appearance throughout Bicentennial Park.

D. GENERAL REQUIREMENTS

• Contractor must verify all measurements and quantities during the non-mandatory pre-proposal site inspection.

• All work must comply with the Florida Building Code, local codes, and relevant industry standards.

• Contractor is responsible for site safety, debris removal, and protection of adjacent property.

• All materials used must be commercial grade, water/moisture resistant, and suitable for a marine environment.

• All paints must be Zero/Low VOC, mid-grade or better, with a minimum 5-year warranty.

E. SCOPE OF WORK BY DISCIPLINE

1. Site & Exterior Conditions

• Address sand erosion at the base of kiosks through sand replenishment and stabilization.

• Remove debris and non-kiosk-related items surrounding kiosks (particularly #1 and #2).

2. Structural & Carpentry

• Replace deteriorated fascia boards, soffits, and decorative wood supports; caulk, seal, and paint.

• Repair or replace exterior wall surfaces where damaged, ensuring proper sealing before painting.

• Replace deteriorated wood steps and stoops with pressure-treated wood, built to code.

• Reinforce, caulk, seal, and refinish kiosk window counters where needed.

3. Doors & windows

• Replace kiosk entry doors with hurricane impact-resistant (HIR) doors, including composite frames, marine-grade or aluminum hardware, casing, and hinges.

• Service, clean, lubricate, and repair rolling hurricane shutters; replace non-functioning locking mechanisms and reinforce frames.

4. Flooring & Interior

• Remove damaged flooring and subflooring; replace deteriorated wood with pressure-treated plywood.

• Install new non-skid resilient vinyl plank flooring in a neutral tone, with proper trim and thresholds.

• Repair and finish interior walls where unfinished or damaged.

5. Electrical & Circulation

• Replace or upgrade all receptacles to GFCI type, including rear storage rooms.

• Add additional receptacles and commercial-grade surge-protected power strips.

• Ensure proper grounding and provide cover plates for all outlets and switches.

• Install commercial-grade exterior ceiling fans with lights, waterproof and UL-rated, properly mounted and wired.

6. Painting

• Pressure wash, caulk, seal, and prepare all exterior surfaces for painting.

• Apply primer and two coats of exterior-grade, moisture-resistant paint (approved colors to be confirmed).

• Provide the manufacturer’s paint warranty and leave excess paint for future maintenance.

7. Inspections

• Conduct a Wood Destroying Organism (WDO) inspection for all kiosks by a Florida-licensed company.

Provide a comprehensive report in accordance with state requirements.

8. Beach & Sand Restoration

• Provide sand restoration/nourishment around kiosks as directed by the City. Amount and areas to be determined at the pre-construction phase.

F. DELIVERABLES

• WDO Inspection Reports (per kiosk).

• Manufacturer warranties for all installed doors, shutters, and paint.

• Documentation of materials used and paint color codes.

• Final walk-through with CRA project manager to confirm completion.

G. CONTRACTOR RESPONSIBILITIES

1. The project includes acquiring all tools, equipment, materials, and other supplies, including but not limited to fuel, power, water, and communication devices required to complete the project. The work also includes the performance of all labor, work, and other operations required to complete this project

2. The Contractor shall protect and maintain all surfacing and improvements during the entire construction process. Protection of surfacing and improvements may include but is not limited to, the installation of fencing, cabling, or other preventative measures to reduce the non-permitted use of the playground before its formal opening.

3. The Contractor shall be responsible for any and all damage resulting from improper use, damage, or vandalism before the City and/or the CRA accepted the project.

4. For contract close, the Contractor shall submit the following:

a. Product list including product name, product number, contact information, and application method for all materials used on the project.

b. Warranty letter.

c. Submittal documents, including manufacturer’s instructions, field reports, and testing certificates.

d. Maintenance schedule and recommendations.

e. Progress reports identifying project status, percent completion, and scheduled time of completion, and submitted to the City and/or the CRA Designee.

5. This selected Contractor must use effective project management practices while working on this project, including, but not limited to, clear communication with the City and/or the CRA and other parties involved in this project, management of time and resources, and documentation of all services and communication.

6. The Contractor shall maintain all certifications, licenses, bonds, and certificates of insurance for the duration of this project until final acceptance is received.

7. The contractor shall be responsible for protecting all personnel against hazards and/or injuries caused by their operations at the work site.

8. The Contractor shall correct any and all damage caused by their operations to the City’s and/or the CRA’s satisfaction at no additional cost to the City and/or the CRA.

9. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and providing reasonable protection to prevent damage to properties surrounding the work site and injury or loss to employees, materials, and equipment in connection with the work performance herein.

10. The Maintenance of Traffic (MOT) (if needed): The Contractor shall closely follow the directions provided throughout this document and shall be in conformance with the applicable sections of the FDOT Road Design Standards Index 600.

11. The Contractor shall supervise and direct the work, using the Contractor’s best skill and attention. The Contractor shall work with the Contract Administrator / Project Manager to oversee the development of the project means, methods, techniques, sequences, procedures, and coordination of all portions of the work under this agreement.

12. The Contractor shall enforce strict discipline and good order amongst its employees and other persons under this contract. The Contractor shall be responsible to the City and/or the CRA for acts and omissions of its employees, subcontractors, and other agents performing portions of the work for or on behalf of the Contractor or any of its subcontractors.

13. The Contractor shall be responsible for protecting all existing utilities, irrigation, drainage structures, pipes, and signs within the limits of this project site. These shall remain in place and be in working condition during and after the completion of this project.

14. The Contractor shall assess the conditions at this site, notify the designated Project Manager in writing of any discrepancies, conflicts, or omissions promptly upon discovery, and make necessary recommendations to resolve identified issues

15. Reporting Dangerous Conditions / Situations: The Contractor shall notify the Contract Administrator /

Designee of any and all encounters with unsafe and dangerous conditions and/or unusual situations occurring at the work sites while working on this project.

H. GOVERNING REGULATIONS

The Contractor will provide services in compliance with all state, federal, City, and County regulations and guidelines. The materials and equipment must meet and/or exceed all current standards and requirements of:

I. PROJECT MEETINGS

The City and/or the CRA requires periodic meetings throughout the duration of the project. Attendance will be mandatory for the City’s and/or the CRA’s designated representative, the Contractor, all subcontractors and sub-consultants, representatives from applicable governmental agencies with jurisdiction over the project area (as applicable), and any other parties requested by the City and/or the CRA and/or Contractor. The City’s and/or CRA’s designee will be responsible for scheduling and coordinating the time and location of these meetings.

1. Pre-Construction Meeting Following contract award, receipt of the Notice to Proceed (NTP), and prior to the commencement of work, a pre-construction meeting will be held. This meeting will include the Contractor, the City’s and/or the CRA’s representative, and other stakeholders impacted by the project. The project schedule, including milestones and completion dates, will be established at this meeting.

2. Contractor Personnel and Responsibilities At the pre-construction meeting, the Contractor shall:

• Identify and introduce the designated project manager, foreman, site supervisor, and any other key personnel who will represent the Contractor. Their roles and responsibilities must be clearly defined.

• The designated project manager shall serve as the primary representative of the Contractor.

Communications directed to the project manager shall be considered as binding as if given directly to the Contractor. All critical communications must be confirmed in writing. Other communications should also be confirmed in writing upon request.

3. Proposed Subcontractors and Suppliers

• The Contractor shall provide the City’s and/or the CRA’s designee, in writing, with the names of all persons or entities proposed for each principal portion of the work, including those supplying materials or equipment requiring custom fabrication.

• The City and/or the CRA will respond promptly in writing, indicating whether it has any reasonable objections to any proposed person or entity, following its review and due diligence.

• The Contractor shall not enter into agreements with any proposed person or entity to whom the City and/or the CRA has made a reasonable and timely objection. Likewise, the Contractor shall not be required to contract with any person or entity to whom it has a reasonable objection.

J. PROJECT DURATION

The Contractor shall complete all services no less than Two Hundred Ten Days (210) from receipt of the Purchase Order and Notice to Proceed (NTP).

Time is of the essence for the Contractor’s work performance. The Contractor is expected to complete this project as expeditiously as possible. The work to be performed under this contract shall commence upon issuance of a Purchase Order (PO) and in conjunction with a Notice to Proceed (NTP). No Contract Time extensions will be allowed for holidays or vacations. At a minimum, the selected DBF must adhere to the following schedule as set by the City and/or the CRA:

1. The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 10 calendar days (6 working days) of the date of the Notice to Proceed.

2. The Work shall be Substantially Completed within 105 calendar days (75 working days) after the date the Contract Time commences to run, as provided in the Notice to Proceed.

3. The Work shall be finally completed on the Final Completion Date and ready for final payment per this Agreement within 210 calendar days (150 working days) after the date when the Contract Time commences to run as provided in the Notice to Proceed.

4. Preliminary Project Schedule - Within 10 days after notice of award and as a condition precedent to executing the Contract, before commencement of any work, the Contractor shall submit their preliminary project schedule to the City and/or the CRA for review and approval. The schedule shall be written in sufficient detail to show the chronological relationship of all major aspects of the project, including procurement of materials, scheduling of equipment, construction, and installation phases, with a level of detail.

K. CLEAN UP

All usable materials and debris shall be removed from the premises at the end of each workday and disposed of appropriately. Upon final completion, the Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated location Contract Administrator / Designee.

L. WORK ACCEPTANCE

1. Services to be performed under this agreement will be inspected by an authorized representative of the Riviera Beach Community Redevelopment Agency to determine acceptance of work, appropriate invoicing, and warranty conditions.

2. A contractor that requires final acceptance testing. The City and/or the CRA shall complete any necessary inspection and testing of the software and related services for compliance with the scope of services, technical specifications, and requirements within five (5) business days of delivery or completion of any required services.

3. The City and/or the CRA shall provide written notice of acceptance or rejection within five (5) business days of completion of testing. The contractor may not invoice the City and/or the CRA for software or software-related services unless and until the City and/or the CRA provides written notice of final acceptance.

VI. INSTRUCTIONS TO BIDDERS

The following information and instructions are given to guide Bidders in properly preparing their bid responses and are standard for Construction Invitations to Bid (CITB) solicitations as issued by the City. These directions and instructions have equal force and weight with the scope of services, specifications, and strict compliance, which is required with all these provisions. The City may delete, modify, or supersede any standard instructions for a particular contract to the Contractor or in the line item. It is the Bidder’s sole responsibility to become familiar with the scope of services, City requirements, and systems before submitting a bid. The solicitation package, exhibits, attachments, addendums, and the successful bid response will be included in any Agreement between the Contractor and the City.

In addition to the documents in Attachment “A” — Offeror’s Required Forms, Bidders must complete any additional project-specific requested forms. Failure to submit the required forms will deem the Bidder Non- Responsive.

A. ELIGIBILITY

No bid response will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Riviera Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Council of Riviera Beach.

B. RESPONSIBILITY

No variation in price or conditions will be permitted based upon a claim of ignorance. Submitting a bid response will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.

C. ADDITIONAL TERMS AND CONDITIONS

No additional terms and conditions the Bidder includes with the Bid response will be evaluated or considered. All such additional terms and conditions will have no force and effect and are inapplicable to this Bid if submitted purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists, or warranties. It is understood and agreed that the general conditions in this Invitation to Bid are the only conditions applicable to this Bid, and the Bidder’s authorized signature on the Bid Form attests to this.

D. SPECIFIC EXPERIENCE REQUIRED

To be considered for any executed contract(s), the following expertise is required. Specific references attesting to this expertise must be submitted with the bid.

The Contractor will have at least ten (10) years of experience providing the same type of construction services required for this project, within the state of Florida.

Bidder will submit proof of previous experience of a minimum of three (3) projects of similar scope and scale (or larger) and will identify the location, dates of services, project name and overall scope, scope of work that was self-performed by Contractor, and client name, address, telephone number, and e-mail address for each project listed. Projects must have been completed within the last three (3) years.

NOTE: REFERENCES WILL INCLUDE AT LEAST ONE (1) LOCAL, CITY, or STATE ENTITY.

By signing this bid solicitation, the Bidder affirms that this expertise will be provided for this contract at no additional charge.

E. AUTHORIZED SIGNATORIES

An authorized officer of the company must sign all associated forms.

F. BID ACCEPTANCE

Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of One Hundred and Twenty (120) calendar days from the date of bid opening unless otherwise stated in the solicitation. The City will award the contract within this period or request from the recommended Bidder an extension to hold pricing until a formal award has been executed.

G. MATERIAL MODIFICATIONS / ALTERATIONS

Material modifications or alterations to the verbiage or documents made by the Bidder are expressly prohibited and are not enforceable. Modifications or alterations may render the Bidder’s submission void and bar the Bidder from consideration in connection with this solicitation.

H. ELECTRONIC BID SUBMISSION DEADLINE:

Electronic Bid Responses will be submitted via BidNet (https://www.bidnetdirect.com/florida/cityofrivierabeach) before the designated bid due date and time indicated in the solicitation. PAPER BID SUBMITTALS WILL NOT BE

ACCEPTED.

I. COST

Pricing shall be submitted in BidNet, all inclusive, and shall constitute complete compensation. Failure on the part of the Contractor to completely and properly evaluate any factors of costs prior to bidding shall not form a basis for additional compensation.

J. INVOICING AND PAYMENT

Under this agreement, the Contractor shall submit a detailed “itemized” invoice list of equipment, plants, shrubs, labor, parts, and appurtenances. The invoice shall identify all one-time and recurring charges. Installation services fees shall be submitted and paid as a one-time charge to the City and/or the CRA.

Invoices shall be submitted as follows:

1. Initial: Upon Completion of 50% of the project.

2. Final: Upon Completion and the City’s and/or the CRA’s Acceptance of Work.

Note: Payment Retainage applies to this agreement at a rate of 5% and will be withheld until it has been determined that the Contractor has complied with DBRA requirements.

VII. SOLICITATION TERMS AND CONDITIONS

A. AWARD

The City of Riviera Beach shall award the bid to the lowest, responsive, and responsible bidder(s), subject to the Local Vendor Preference provisions outlined herein, where applicable.

To be considered for award:

• Bidders must submit pricing for every item listed in BidNet.

• Each item must fully comply with the specifications provided.

• Failure to meet the specifications of even a single item will result in the entire bid being deemed non-responsive.

B. CONDITIONS AND PACKAGING

Unless otherwise stated in the solicitation or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and will be the current standard production model available at the time of the solicitation response. The goods must be suitably packaged for shipment by a common carrier. Each container or multiple units or items otherwise packaged will bear a label, imprint, stencil, or other legible markings stating the name of the manufacturer or supplier, purchase order number, and any other markings required by specifications or other acceptable means of identifying Contractor and purchase order number.

C. BIDDER RESPONSIBILITY

The undersigned Bidder affirms that he/she has or will obtain all equipment necessary to complete the work described, that he/she has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the state of Florida.

D. LEGAL REQUIREMENTS

Bidders must comply with all provisions of Federal, State, County, and local laws, bid and ordinances, rules and regulations, and any City rules that apply to the items being bid. Lack of knowledge by the Bidder will not be a cause for relief from responsibility or constitute a cognizable defense against the legal effect thereof.

E. LOBBYING ACTIVITIES

ALL CONTRACTORS PLEASE NOTE: Any Contractor submitting a response to this solicitation must comply, if applicable, with the CITY’S Lobbying Ordinance, which is provided in Chapter 2.164 of the City Code of Ordinance.

Copies of the Ordinance may be obtained from the Office of CITY Clerk’s, 600 West Blue Heron Boulevard, Suite #140, Riviera Beach, Florida, 33404. The ordinance may also be viewed on the City’s website at:

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances.

F. CODE REQUIREMENTS

The Contractor and his or her subcontractors on each project must be familiar with all applicable Federal, State, City, and Local Laws, Regulations, or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. The Contractor is responsible for scheduling all required inspections. The Contractor will be present for inspections should it be necessary. The Contractor will be responsible for all costs associated with rework necessary to resolve a failed inspection.

G. CONE OF SILENCE

To ensure the fair evaluation of proposals/bids, communication initiated by offerors is prohibited from the time responses are open until the final decision has been made. Sec. 2-166. - Cone of silence.

Any Contract entered into in violation of the cone of silence provisions in this section will render the transaction voidable.

H. CONFLICT OF INTEREST

All Bidders MUST disclose with their Bid the name of any officer, director, agent, or any relative of an officer, director, or agent who is also an employee of the City. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s firm or any of its subsidiaries.

I. CONTINGENCY FEES

By submission of this solicitation response, Bidder certifies that no contingency fees (sometimes known as a finder’s fee) have been paid to any person or organization other than a bona-fide employee working solely for the Bidder to secure a contract made pursuant to this solicitation. Violating this policy may result in termination of any resultant contract or possible debarment of the Bidder.

J. DEBARRED OR SUSPENDED BIDDERS

By submitting a solicitation response to this solicitation, the Bidder certifies that neither it nor its principals nor subcontractors are presently debarred or suspended by any state, local, or federal department or agency.

K. DISCOUNTS

Cash discounts for prompt payment will not be considered when determining the lowest net cost for the bid evaluation process.

L. DRUG-FREE WORKPLACE

Preference will be given to a business with Drug-Free Workplace (DFW) programs. Whenever two or more Bids that are equal with respect to price, quality, and service are received by the CITY for the procurement of contractual services, a Bid received from a business that completes the attached DFW form certifying that it is a DFW will be given preference in the award process.

M. DUN & BRADSTREET REPORT REQUIREMENT

The City may review the Contractor(s) rating and payment performance to assist in determining a Contractor(s) responsibility when being evaluated for a contract award.

N. LOCAL VENDOR PREFERENCE

Under the City’s Procurement Code, DIVISION 1. - PREFERENCES FOR LOCAL VENDORS, the City has a preference for local businesses. A local business, for the purposes of the application of the local vendor preference, means a Bidder, which has a permanent, physical place of business within the city limits and a valid business tax receipt and certificate of occupancy applicable to the required goods, services, or construction items being procured. Post office boxes or locations at a postal service center are not verifiable and will not be used for the purpose of establishing said physical address. If the business is a joint venture/partnership, it is sufficient for qualification as a local business if at least one party of the joint venture/partnership meets the test outlined in this section. The Bidder will have the burden of demonstrating that it meets this definition. A permanent physical location must be established for a minimum of twelve (12) months before the published date of this solicitation.

Applying the local vendor preference will not change the actual cost proposal. Further, in no event will it cause the city to pay more than $25,000.00 above the amount proposed by the non-local vendor, which would have been recommended for award if the local vendor preference had not been applied.

O. MISTAKES

Bidders are cautioned to examine all specifications, scopes of services, scope of works, drawings, delivery instructions, unit prices, extensions, and all other special conditions pertaining to this solicitation. Failure of the Bidder to examine all pertinent documents will not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in the extension, the unit price will govern. Multiplication or addition errors are deemed clerical errors and will be corrected by the City. In the case of arithmetic error(s), the unit price will prevail, and the Bidder’s total offer will be corrected accordingly. Written Amounts will take precedence over numerical amounts. Bids having erasures or corrections must be initialed in ink by the Bidder. Failure to do so will result in the bid being deemed non-responsible and will be rejected.

P. MODIFICATIONS

All changes to purchase orders will be by issuance of a change order. Any modifications or changes to any contract entered as a result of this solicitation must be by written amendment with the same formality and of equal dignity before initiating any such change.

Q. NON-COLLUSION STATEMENT

By signing its Bid, the Bidder certifies that its Bid is made independently and free from collusion. Bidder will complete and submit the Non-Collusion Affidavit Form located in Attachment “A” – Offeror’s Required Forms package, to their best knowledge, any Riviera Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the supplier's business, who is in a position to influence this procurement. Any Riviera Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he/she directly or indirectly owns more than five percent (5%) of any business entity's total assets or capital stock or if they otherwise stand to personally gain if the contract is awarded to this Bidder.

Failure of a Bidder to disclose any relationship described herein will be a reason for debarment according to the provisions of the City Procurement Code.

If doing business under an assumed name, i.e., an Individual, Association, Partnership, Corporation, or otherwise, Bidder will be registered with the Florida Department of State, Division of Corporations.

R. PRICES

Firm prices will be provided in BidNet, including all handling, setup, shipping, and inside delivery charges to the destination shown herein unless otherwise indicated.

1. THE CONTRACTOR: In submitting this solicitation response, certifies that the prices provided herein are not higher than the prices at which the same commodity (ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever.

2. F.O.B.: Unless otherwise specified, prices will be provided as F.O.B. Destination Riviera Beach, Florida, freight included and inclusive of all costs. Current and/or anticipated applicable fuel costs should be considered and included in the prices provided.

3. TIES: The Procurement Department will break tie responses according to the Procurement Code.

S. TAXES

The City and/or CRA is exempt from Federal Excise and State Sales taxes. Contractors or Contractors doing business with the City will not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CITY unless an exemption is available to the Contractor or Contractor, nor will any Contractor/Contractor be authorized to use the CITY’S AND/OR CRA’S Tax Exemption Number in securing such materials.

T. MINIMUM / MAXIMUM QUANTITY

The Minimum Annual Quantity for each bid item is considered zero (0). The Maximum Annual Quantity listed for each bid item will not be exceeded per year.

U. PROTEST PROCEDURES

In accordance with Section 16.5-241, of the City Code of Ordinances, if a Contractor intends to protest a solicitation or proposed award of a contract the following apply:

1. Right to protest. Any actual or prospective bidder, offeror, or Contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the City Council. Protestors will seek resolution of their complaints initially with the Director, and secondly with the City Manager prior to protesting to the City Council. A protest with respect to an invitation for bids or request for proposals will be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and could not have been reasonably expected to know of the facts giving rise to such protest prior to bid opening or the closing date for proposals.

2. The protest will be submitted within five (5) calendar days after such aggrieved person knows or could have reasonably been expected to know if the facts giving rise thereto.

3. Stay of procurements during protests. In the event of a timely protest under subsection (a) of this section, the Director of Procurement will not proceed further with the solicitation or award of the contract until all…