CONSTRUCTION INVITATION TO BID

SOLICITATION NUMBER: 26-021

SOLICITATION TITLE: AVENUE E AND 34TH STREET

ISSUE DATE: June 23, 2026

PRE-BID MEETING: N/A

QUESTIONS DEADLINE: July 7, 2026 at 5:00pm

BID DUE DATE: July 23, 2026 at 1:00pm

The City reserves the right to modify or alter the following procurement schedule as needed.

PROCUREMENT SPECIALIST Alex Massari

EMAIL ADDRESS: AMassari@rivierabeach.org

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

Bids must be received electronically ONLY via the Bidnet Direct website (https://www.bidnetdirect.com/florida/cityofrivierabeach). Bids not received electronically will be rejected.

Procurement Department

Web: www.rivierabeach.org Office: (561) 845-4180

Email: purchasing@rivierabeach.org

Table of Contents

I. NOTICE TO BIDDERS

II. PRE-BID CONFERENCE

III. ELECTRONIC BID OPENING

IV. DEFINITIONS

V. SCOPE OF WORK

VI. INSTRUCTIONS TO BIDDERS / BIDDING REQUIREMENTS

VII. SPECIAL TERMS AND CONDITIONS

VIII. INSURANCE REQUIREMENTS

ADDITIONAL ATTACHMENTS AND REQUIRED FORMS:

ATTACHMENT “A” – Offeror’s Required Forms

1. Authorized Signatories - REQUIRED

2. Conflict of Interest Disclosure Form - REQUIRED

3. General Certifications (10 Certifications-One Signature Page) REQUIRED

4. Human Trafficking Affidavit (Notarized) - REQUIRED

5. Litigation Statement - REQUIRED

6. Public Entity Crimes Sworn Statement (Notarized) - REQUIRED

7. Required References - REQUIRED

ATTACHMENT “B” – CITY OF RIVIERA BEACH ITB TERMS AND CONDITIONS

ATTACHMENT “C” – BID COST PROPOSAL

ATTACHMENT “D” – SAMPLE CONTRACT FOR CONSTRUCTION

ATTACHMENT “E” - SBE PARTICIPATION SCHEDULE 1 & 2

ATTACHMENT “F” - LOCAL VENDOR PREFERENCE PROGRAM

ATTACHMENT “G” – BID BOND FORM

ATTACHMENT “H” – PERFORMANCE BOND FORM

ATTACHMENT “I” – PAYMENT BOND FORM

ATTACHMENT “J” – 260415 AVE E & WEST INFRA IMPROVE BID SET

ATTACHMENT “K” – WEST INFRA IMPROVE BID SET

ATTACHMENT “L” – CHENMOORE AVE E & W 34TH ST INFRA IMPROVE SPECS

ATTACHMENT “M” – REQUEST FOR APPROVED EQUALS

Remainder of Page Intentionally Left Blank

I. NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT ELECTRONIC BIDS will be received on the above referenced Project by City of Riviera Beach, hereinafter “City”, until 1:00 PM Eastern time on July 23, 2026, for the Scope of Work set forth below. No bids will be received after this date and time.

City of Riviera Beach utilizes BidNet as its exclusive electronic solicitation platform. Registration is free and is required to view solicitation documents, get updates, and submit responses. Bids must be submitted in BidNet and presented in accordance with this solicitation's instructions and within the stated time constraints.

Bidding documents, including drawings and specifications, Plan Holders List, Bid Form and Addendum(s) will be uploaded in 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. Failure to use this single point of contact may cause your bid to be rejected. Any answers or clarifications affecting the cost will be addressed to all Bidders in an addendum. Under no circumstances will verbal interpretations or clarifications be given to individual contractors.

AT THE TIME OF SUBMITTAL OF A ELECTRONIC BID, 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 FLORIDA FOR

PERFORMING THE PORTION OF THE WORK FOR WHICH THEY ARE RESPONSIBLE.

II. PRE-BID CONFERENCE

No pre-bid meeting will be held.

Any questions or discrepancies in Bid documents will only be addressed upon receipt of official written questions.

III. ELECTRONIC BID OPENING

Bids must be submitted in BidNet Direct 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. Bidders may attend this meeting on a computer, laptop, cell phone, or any other device with Wi-Fi access.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/294470437698841?p=R4AZF31UosgBzvWu09

Meeting ID: 294 470 437 698 841 Passcode: rk9he2kg

Dial in by phone +1 872-242-8933,,940213827# United States, Chicago

Find a local number Phone conference ID: 940 213 827#

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

IV. DEFINITIONS

The following terms, when used in this Construction Invitation to Bid (CITB) and in any resulting Contract for Construction, shall have the meanings set forth below. These definitions apply throughout all sections of the CITB and all Contract Documents unless the context clearly requires otherwise.

Where a term appears in all capitals in the Contract for Construction (e.g., “CITY,” “CONTRACTOR”), it shall have the same meaning as the defined term below. This CITB is expressly incorporated into and made a part of the resulting Contract for Construction by reference. The CITB number shall be inserted in Article 2 – Order of Precedence of the Contract at execution.

Addendum. A written modification, clarification, or supplement to this CITB issued by the City prior to the Bid Due Date. All Addenda are incorporated into and made part of the Contract Documents. In the event of conflict, Addenda issued later in time shall control over earlier Addenda.

Bid. The complete and properly executed response submitted by a Bidder in response to this CITB, including all required forms, certifications, attachments, and the Bid Cost Proposal, submitted in accordance with the requirements set forth herein.

Bid Bond. A bond submitted by the Bidder with its Bid, executed by a surety company authorized to do business in the State of Florida, in an amount not less than five percent (5%) of the total Bid amount, guaranteeing that the Bidder will enter into a Contract with the City and deliver the required Performance Bond and Payment Bond within ten (10) business days of receiving notice of award.

Bid Cost Proposal (Bid Sheet). The pricing schedule submitted by the Bidder as part of the Bid, setting forth all-inclusive unit and/or lump sum prices for the Work described in the Scope of Work.

Prices offered on the Bid Cost Proposal are all-inclusive and constitute complete compensation for the Work.

Bid Due Date. The date and time by which all Bids must be received by the City, as stated on the Cover Sheet of this CITB. Bids received after the Bid Due Date will not be considered.

Bidder. Any individual, firm, partnership, corporation, joint venture, or other legal entity that submits a Bid in response to this CITB. Upon award and execution of the Contract, the successful Bidder becomes the Contractor.

BidNet Direct. The City’s designated electronic procurement platform, accessible at www.BidNetDirect.com/florida/cityofrivierabeach, through which this CITB is distributed and through which all Bids must be submitted electronically.

City. The City of Riviera Beach, a municipal corporation organized and existing under the laws of the State of Florida, whose principal address is 600 West Blue Heron Blvd., Riviera Beach, FL 33404, acting by and through its City Council and authorized representatives. As used in the Contract for Construction, “CITY” and “City” refer to the same party.

City Council. The governing body of the City of Riviera Beach, vested with authority to approve contracts, authorize expenditures, and take other actions as required by the City’s Charter and applicable law. Certain Contract Amendments and contract awards require City Council approval as a condition of legal effectiveness.

City Representative / Contract Administrator. The City employee or designee assigned to administer and oversee the day-to-day performance of the Contract on behalf of the City, currently the Director of Public Works or designated Construction Administrator identified in the Scope of Work.

The City Representative is authorized to review and approve invoices, issue written notices, and provide direction on routine Contract matters, but is not authorized to amend or modify the Contract except as permitted under the Contract Documents.

Cone of Silence. The prohibition on oral and written communication between a Bidder or its representatives and City officials, employees, or evaluation personnel regarding a pending solicitation, as established by Section 2-166 of the City’s Code of Ordinances, from the date of issuance of this CITB until the City Council takes final action on the award.

Contract. The written agreement executed between the City and the Contractor governing performance of the Work, together with all incorporated Contract Documents, including this CITB and all Addenda, the Contractor’s Bid, the Scope of Work (Exhibit A), the Schedule of Payments (Exhibit B), and any duly executed Contract Amendments. This CITB is expressly incorporated into and made a part of the Contract by reference.

Contract Documents. The complete set of documents governing performance of the Work: (1) the Contract for Construction; (2) this CITB and all Addenda; (3) the Contractor’s Bid; (4) the Scope of Work (Exhibit A); (5) the Schedule of Payments (Exhibit B); (6) construction plans and specifications;

and (7) any duly executed Contract Amendments. In the event of conflict, the order of precedence set forth in Article 2 of the Contract shall govern.

Contract Price. The total compensation payable by the City to the Contractor for full and complete performance of the Work in accordance with the Contract Documents, as set forth in the Bid Cost Proposal and Schedule of Payments (Exhibit B). The Contract Price is all-inclusive.

Contract Time. The number of calendar days allotted for the Contractor to achieve Substantial Completion of the Work, as specified in the Contract, commencing upon the date of the Notice to Proceed. Time is of the essence under the Contract in all respects.

Contractor. The individual, firm, partnership, corporation, joint venture, or other legal entity that has been awarded the Contract and is responsible for performing the Work in accordance with the Contract Documents. As used in the Contract for Construction, “CONTRACTOR” and “Contractor” refer to the same party. The Contractor is an independent contractor and not an employee, agent, or servant of the City. The Contractor shall perform a minimum of fifty percent (50%) of the Work with its own forces and equipment.

Contingent Fee. Any fee, commission, percentage, gift, or other consideration paid or agreed to be paid by a Bidder or Contractor to any person, company, corporation, or firm, other than a bona fide employee working solely for the Bidder or Contractor, that is contingent upon or resulting from the award of a City contract. Contingent fees are prohibited. Violation entitles the City to terminate the Contract without liability and to recover the full amount of any such fee paid.

Days. Unless otherwise specified, “days” means calendar days. “business days” or “working days” means Monday through Friday, excluding City-observed holidays.

E-Verify. The Federal Electronic Employment Eligibility Verification System (E-Verify.gov) that employers use to confirm the employment eligibility of newly hired workers, as required by Section 448.095, Florida Statutes. Registration and use of E-Verify is mandatory for the Contractor and all subcontractors. Failure to comply may result in contract termination and a one-year debarment from City contracting.

Final Acceptance. The City’s written determination that all Work has been completed in conformance with the Contract Documents, all punch list items resolved, all required documentation and releases delivered, and the City has issued written notice of final acceptance to the Contractor. The Contractor may not submit a Final Invoice until the City provides written notice of Final Acceptance.

Invitation to Bid (ITB). This solicitation document, including all sections, attachments, exhibits, and incorporated references, issued by the City’s Procurement Department to solicit competitive sealed bids for the construction Work described herein. References to “ITB No.” in the Contract for Construction refer to this CITB and the blank shall be filled in with the applicable CITB number at execution.

Liquidated Damages. A pre-agreed, good-faith pre-estimate of the daily damages the City will suffer as a result of the Contractor’s failure to achieve Substantial Completion within the Contract Time.

Liquidated damages are not a penalty. The applicable daily rate is set forth in Section IV (Scope of Work) of this CITB and in the Contract.

Local Business. A Bidder that maintains a permanent, physical place of business within the City limits of Riviera Beach with a valid business tax receipt and certificate of occupancy, established for a minimum of twelve (12) months prior to the published date of this CITB. Post office boxes and postal service center locations do not qualify. The City’s local vendor preference shall not result in the City paying more than $25,000 above the amount proposed by a non-local vendor.

Notice to Proceed (NTP). The written notice issued by the City to the Contractor authorizing commencement of the Work and establishing the date from which Contract Time is measured.

Construction work must begin within ten (10) calendar days from the date of receipt of the NTP, provided the City has received required proof of insurance and Performance and Payment Bonds.

Payment Bond. The bond provided by the Contractor pursuant to Section 255.05, Florida Statutes, equal to one hundred percent (110%) of the Contract Price, guaranteeing payment of all obligations to laborers, materialmen, and subcontractors arising under the Contract.

Performance Bond. The bond provided by the Contractor pursuant to Section 255.05, Florida Statutes, equal to one hundred percent (110%) of the Contract Price, guaranteeing faithful performance of all obligations of the Contractor under the Contract Documents, including the correction of defective Work during the warranty period. The surety must maintain a minimum “A-” Financial Strength Rating (FSR) and Financial Size Category (FSC) “10” rating in Best’s Key Rating Guide.

Procurement Director. The Director of the City’s Procurement Department, or authorized designee, responsible for administering the solicitation process and serving as the primary point of contact for this CITB through award.

Responsive Bidder. A Bidder that has submitted a Bid that conforms to the requirements of the CITB in all material respects, including submission of all required forms, certifications, and documentation by the Bid Due Date.

Responsible Bidder. A Bidder that has demonstrated the capability, financial resources, experience, integrity, and reliability necessary to perform the Work in accordance with the Contract Documents, as determined by the City in its sole discretion.

Retainage. Five percent (5%) of each Progress Payment withheld by the City from amounts otherwise due to the Contractor to ensure satisfactory completion of the Work. Retainage is released upon Final Acceptance in accordance with the Contract and applicable Florida law.

SBE (Small Business Enterprise). A business entity meeting the City’s small business designation criteria as established in the City’s Procurement Code, Division 2 – Small Business Enterprise Participation Goal. The City has established a goal of fifteen percent (15%) SBE participation on City construction contracts.

Scope of Work. The detailed description of construction services, labor, materials, equipment, and deliverables to be provided by the Contractor, as set forth in Section IV of this CITB and in Exhibit “A” to the Contract.

Subcontractor. Any individual, firm, partnership, corporation, or other legal entity having a direct contractual relationship with the Contractor to perform any portion of the Work. All Subcontractors are subject to prior written approval by the City. The Contractor remains fully responsible to the City for all acts and omissions of its Subcontractors. No contractual relationship is created between any Subcontractor and the City.

Substantial Completion. The stage of the Work at which the Work is sufficiently complete in accordance with the Contract Documents so that the City can use or occupy the Work for its intended purpose, evidenced by the City’s issuance of a Certificate of Substantial Completion.

Surety. The bonding company, licensed in the State of Florida with a minimum “A-” Financial Strength Rating (FSR) and a Financial Size Category (FSC) “10” in Best’s Key Rating Guide, that issues the Performance Bond and Payment Bond on behalf of the Contractor.

Work. The entire completed construction, or the various separately identifiable parts thereof, required to be furnished and performed by the Contractor under the Contract Documents, including all labor, materials, equipment, tools, supervision, permits, and incidentals necessary to complete the Project in accordance with the Contract Documents. “Work” and “Project” are used interchangeably throughout the Contract Documents and refer to the same undertaking.

V. SCOPE OF WORK

A. 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. PURPOSE

Reconstruct of deteriorated public streets, installation of limerock base, asphaltic pavement, concrete sidewalks, concrete curb and gutter, reinforced concrete drainage pipe and inlet structures, ex-filtration trench, replacement of existing water main, and services, installation of fire hydrants and appurtenances, replacement of existing sanitary sewer system, manholes and lines including lateral services and cleanouts, traffic calming devices, striping and signage, and grouting, adjustment, and proper disposal or abandonment of existing utilities.

C. CONSTRUCTION ADMINISTRATOR

Mr. Terrence Bailey, City Engineer, is the designated Construction Administrator/Project Manager for this project. Mr. Bailey can be reached at TBailey@rivierabeach.org or (561) 845-4080. The Contractor will work with the Engineering Department, and the designated Construction Administrator to complete this project.

D. CONSTRUCTION ADMINISTRATOR RESPONSIBILITIES:

1. The Construction Administrator / Designee shall serve as a liaison, coordinate, and approve all work under the contract.

2. The Construction Administrator / Designee shall resolve any disputes.

3. The Construction Administrator / Designee shall perform performance evaluations regularly.

4. The Construction Administrator / Designee shall schedule and conduct contractor performance evaluations, document findings, and review and approve all invoices for work performed or items delivered for payment.

E. CONTRACTOR RESPONSIBILITIES:

1. The successful bidder (hereinafter referred to as the contractor) shall furnish, at their expense, all labor, supervisors, equipment, machinery, tools, materials, transportation, and other services necessary to fully reconstruct of deteriorated public streets, installation of limerock base, asphaltic pavement, concrete sidewalks, concrete curb and gutter, reinforced concrete drainage pipe and inlet structures, ex-filtration trench, replacement of existing water main, and services, installation of fire hydrants and appurtenances, replacement of existing sanitary sewer system, manholes and lines including lateral services and cleanouts, traffic calming devices, striping and signage, and grouting, adjustment, and proper disposal or abandonment of existing utilities and all other elements as indicated on the associated plans and specifications. The contractor shall be responsible for protection of all irrigation.

The contractor shall be responsible for restoration of pavement and sodding of all disturbed areas. The Contractor prior, during and at the completion of the demolition part of this work shall follow all the required notifications, protection, regulatory requirements and execution procedures described in Section 02050 of the Project Manual.

2. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition.

3. The contractor shall provide a schedule for the required work and coordinate all required work with other occupancy and/or construction occurring on or in this area by others.

4. Safeguard of all equipment, tools, materials, etc., at the work site shall be the contractor's responsibility.

5. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site.

6. Contractor shall correct any and all damage caused by their operations to the City's satisfaction at no additional cost to the City.

7. The contractor shall have an English-speaking supervisor/representative on the work site at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf.

8. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with City Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on City projects.

9. The contract time for this solicitation shall be for 210 days from issuance of Notice to Proceed to Project Substantial Completion. The contractor work shall Finally Complete with an additional 30 calendar days from Substantial Completion. Total Calendar Days shall be 240 days unless specifically indicated in the origination of the requisition.

10. The Public Works Department has taken the liberty to utilize the standard bid documents and latest contract to initiate a draft of the necessary bid document and technical specifications. Please find enclosed the draft bid package.

F. GOVERNING REGULATIONS

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

1. Federal Consumer Public Safety Commission (CPSC);

2. American Society for Testing Materials (ASTM);

3. The Americans with Disabilities Act (ADA); and

4. Florida Building Code.

5. The most recent editions of the following but not limited to; OSHA Regulations for Construction

– Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations, OSHA Standards – Title 29, Part 1910, Occupational Safety and Health Standards, Code of Regulations

G. PERMITS

The Contractor shall procure and pay for all permits and licenses, charges, and fees, and give all notices necessary and incidental to the lawful prosecution of the work. The Contractor shall include the cost for all permits in the Contractor’s base proposal.

The Contractor shall possess and keep in force all licenses, business permits, and other permits required to perform the services of this Agreement.

NOTE: Contractor shall not commence any work without obtaining all required permits.

H. PROJECT DURATION

The Contractor shall complete all services no less than Two Hundred Forty (240) calendar days from receipt of the Notice to Proceed (NTP) to Project Submittal Completion. The Contract work shall Finally Complete with an additional fifteen (30) calendar days from Substantial Completion. Total Calendar Days shall be 270 calendar days, unless specifically indicated in the origination of the requisition.

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 Notice to Proceed (NTP). No Contract Time extensions will be allowed for holidays or vacations. At a minimum, the selected Contractor must adhere to the following schedule as set by the City:

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 NTP.

2. The Work shall be Substantially Completed within 210 calendar days (150 working days) after the date the Contract Time commences to run, as provided in the NTP.

3. The Work shall be finally completed on the Final Completion Date and ready for final payment per this Agreement within 30 calendar days (21 working days) after the date when the Contract Time commences to run as provided in the NTP.

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 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.

I. LIQUIDATED DAMAGES

The parties acknowledge that time is of the essence under the Contract, and that the City will suffer damages if the Contractor fails to achieve Substantial Completion within the Contract Time.

Because the actual damages resulting from such delay would be difficult or impossible to determine with precision, the parties agree that the liquidated damages rate set forth herein represents a reasonable, good-faith pre-estimate of the City's actual damages and is not a penalty.

Upon failure of the Contractor to achieve Substantial Completion within the Contract Time, as the same may be extended in accordance with the Contract Documents, the Contractor shall be liable to the City for liquidated damages in the amount of $500.00 per calendar day for each day that Substantial Completion is delayed beyond the Contract Time.

The City may deduct accrued liquidated damages from any monies due or to become due to the Contractor under the Contract, or may collect such amounts from the Contractor or its surety.

Assessment of liquidated damages shall not release the Contractor from any other obligation under the Contract, including the obligation to achieve Final Completion.

J. WEATHER

1. The Time of Completion for this project has been calculated assuming that the weather conditions will be average to moderate. If, in the opinion of the City’s Contract Administrator / Designee, the weather escalates to a point where the work delays on the project are more than the Contractor could have reasonably anticipated or controlled, the Contract Administrator / Designee will make the necessary arrangements to extend the time of completion for each work order package once the request has been made for such extensions by the Contractor.

2. If adverse weather conditions are the basis of a Claim(s) for additional time, such Claim(s) shall be documented by data substantiating that weather conditions were abnormal for the period, could not have been reasonably anticipated, and had an adverse effect on the project's scheduled activities.

3. The Contractor will be required to promptly notify the City’s Contract Administrator / Designee in writing of any such delays to the work, explaining its efforts to mitigate the effects of such delays. Any notification received by the Contract Administrator / Designee more than five business days after the delay will not be considered. No extension of time shall be granted for delay(s) resulting from typical weather conditions prevailing in the applicable area(s) as defined by the average of the last ten (10) years of weather data recorded with the City and the appropriate jurisdiction(s).

K. DELIVERY, STORAGE, AND HANDLING

The Contractor shall coordinate delivery and arrange storage of materials (if needed). Storage space may be limited. Components sensitive to damage in a harsh environment shall be stored off-site and delivered as required. The Contractor shall provide all necessary protective covering to prevent damage to surrounding work areas. The Contractor shall be responsible for the on-site security of tools, equipment, and materials.

L. PERSON OF CONTACT

The Contractor shall provide contact information for Primary and Secondary staff within the company who will be responsible for responding to the City's request for support services during the term of this agreement. Contact information shall include the name of the Contact(s), email address, Website Information, Phone Number, and Fax Number.

M. RESTORATION OF PROPERTY

Property - whether public or private - if damaged during construction or removed for the convenience of the work; ALL such property shall be repaired and/or replaced by the Contractor at his/her own expense in a manner acceptable to the City’s Contract Administrator, before final acceptance of the work. Restoration of specific items (such as benches, shelters, traffic signs, street signs, fences, sod, etc.) shall be performed promptly for reasons of public safety, health, and welfare.

N. STORAGE SITES

The Contractor shall furnish, at his/her own expense, suitably secure area(s) for storing any equipment and materials to be left on-site (where approved). The location of such area(s) shall be approved by the appropriate governing jurisdiction and/or property owner. The Contractor shall maintain these areas clean and orderly, causing a minimum nuisance to the surrounding areas/community.

O. CONTRACTOR AND SUBCONTRACTOR UNIFORM/BADGING

The Contractor employees assigned to this contract must wear a professional uniform with the company name permanently affixed to it. Uniforms shall comply with all safety provisions from the Florida Department of Transportation, OSHA, and the City.

P. CONTRACTOR AND SUBCONTRACTOR VEHICLES

The Contractor’s company vehicles shall be distinctly labeled with the company name and shall only be parked in designated spaces provided by the City.

Q. DAMAGE REIMBURSEMENT

The Contractor shall be solely responsible for and shall reimburse the City any and all costs and/or expenses of any kind or nature relating to the correction of any damage to any City property resulting from the installation, maintenance, or replacement of mounted equipment and infrastructure.

R. WARRANTY

The Contractor shall furnish all pertinent warranty information, including manufacturers’ warranties and effective dates, as they become available, for all new equipment. All materials, parts, components, equipment, and labor work performed shall be fully warranted and guaranteed for a minimum of One (1) year from the date of completion of services and acceptance by the City. Parts and equipment shall be replaced during the warranty period and have a warranty matching that of the original part from date of replacement. Repair or replacement of defects occurring in labor or product(s) within the warranty period shall be performed and provided at no additional cost to the City.

S. 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.

T. WORK ACCEPTANCE

1. Services to be performed under this agreement will be inspected by an authorized representative of the Public Works Department to determine acceptance of work, appropriate invoicing, and warranty conditions.

2. The City shall complete any necessary inspection and testing of work for compliance with the scope of services and technical specifications within five (5) business days of notification of completion by the Contractor.

3. The City shall provide written Notice of Acceptance or Rejection within five (5) business days of completion of inspection. The Contractor may not submit a final invoice unless and until the City provides written Notice of Final Acceptance.

U. INVOICING AND PAYMENT

Under this Contract, the Contractor shall submit detailed, itemized invoices identifying all labor, materials, equipment, and services performed. Invoices must reference the applicable Purchase Order number and be submitted in accordance with the Schedule of Payments set forth in Exhibit B of the Contract for Construction.

Invoices shall be submitted to the City once per month on the 20th day of each month for services rendered as follows:

1. Monthly for the duration of the project.

Note: Payment Retainage applies to this agreement at a rate of 5% and will be withheld until Final Acceptance of the Work by the City and satisfaction of all conditions for Final Payment as set forth in the Contract for Construction.

VI. INSTRUCTIONS TO BIDDERS / BIDDING

REQUIREMENTS

The following information and instructions are given for the purpose of guiding 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 of these 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 prior to 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” – Bidder’s Required Forms, Bidders are required to 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. Submission of 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. QUESTIONS

Prospective bidders must submit any questions regarding this solicitation electronically in BidNet by the due date and time specified in the solicitation. Only questions submitted via BidNet will be accepted and addressed. Responses to questions received during the solicitation time period are posted on the website at https://www.bidnetdirect.com/florida/cityofrivierabeach in an addendum. Bidders who fail to report a known or suspected problem with this solicitation or who fail to seek clarification or correction of this solicitation do so at their own risk.

D. 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 will provide Public Works Department 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 will complete Attachment “M” - 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.

E. ADDITIONAL TERMS AND CONDITIONS

No additional terms and conditions included by the Bidder 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 either 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.

F. 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 three (3) years of previous construction/renovation experience in 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 for each project listed, identify location; dates of services; project name and overall scope; scope of work that was self-performed by Contractor; and client’s name, address, telephone number and e-mail address.

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

GOVERNMENT, AND FEDERAL ENTITY.

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

NOTE: BIDDERS SHALL NOT INCLUDE ANY WORK PERFORMED FOR THE CITY OF

RIVIERA BEACH, NOR LIST ANY CITY STAFF AS REFERENCES, WHEN

DEMONSTRATING QUALIFICATIONS, EXPERIENCE, OR CAPABILITIES IN

RESPONSE TO THIS CITB. DO NOT INCLUDE PROPOSED TEAM MEMBERS OR

PARENT/SUBSIDIARY/AFFILIATED COMPANIES AS REFERENCES IN YOUR

SUBMITTALS.

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

G. AUTHORIZED SIGNATORIES

All associated forms must be signed by an authorized officer of the company.

H. 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 Twenty (120) days from the date of bid opening unless otherwise stated in the solicitation. The City will award contract within this period or will request to the recommended awarded Contractor an extension to hold pricing, until products/services have been awarded.

I. MATERIAL MODIFICATIONS / ALTERATIONS

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

J. ELECTRONIC BID SUBMISSION DEADLINE:

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

K. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the plans, specifications, scope of work or other contract documents will be made orally to any Bidder. Prospective Bidders must request such interpretation in writing as instructed in the bid package. To be considered, such request must be received by the Questions and Answers deadline as indicated on the Request for Information and on BidNet (https://www.BidNetdirect.com/florida/cityofrivierabeach). Questions received after this time will not be answered.

• Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum on

BidNet (https://www.BidNetdirect.com/florida/cityofrivierabeach).

• Failure of any Bidder to receive any such addenda or interpretation will not relieve any Bidder from any obligation under the bid as submitted. All addenda so issued will become a part of the contract document.

• Bidder will verify in BidNet (https://www.BidNetdirect.com/florida/cityofrivierabeach) that the bid response has all addenda before submitting a bid. Receipt of all addenda will be acknowledged by the Bidder(s) on the General Certifications Form “Addendum Acknowledgement Section” and submitted with Attachment “A” – Bidder’s Required Forms package as instructed.

L. BID BOND: REQUIRED FOR THIS PROJECT

Each Bid must be accompanied by a Bid Bond of not less than five percent (5%) of the total bid amount. Bid Bonds amounting to less than one hundred dollars need not be submitted. A Bid Bond signed by a surety company authorized to do business in the State of Florida is the only bond that is acceptable. The City reserves the right to hold the Bid Bond until the successful Bidder has executed the Contract and provided all required bonds and insurance documents. If the successful Bidder is presented with a contract by the City and fails to execute and deliver such a contract within ten (10) business days after receiving notice to do so, the City shall be entitled to enforce the bond. Retention of such amount will not be construed as liquidated damages.

Failure to submit a Bid Bond in the proper amount and form may deem the Bid non-responsive.

M. PERFORMANCE AND PAYMENT BONDS

Pursuant to Section 255.05, Florida Statutes, as may be amended, the Contractor shall furnish to the City, prior to commencement of any Work and as a condition of the Notice to Proceed, a Performance Bond and a Payment Bond, each in the amount of one hundred ten percent (110%) of the Contract Price.

Both bonds shall be executed by a surety company licensed to do business in the State of Florida, listed on the United States Department of the Treasury's Circular 570 list of approved sureties, and maintaining a minimum "A-" Financial Strength Rating (FSR) and a Financial Size Category (FSC) of "10" in Best's Key Rating Guide. The City reserves the right to reject any surety that does not meet these qualifications. If at any time during the term of the Contract the surety becomes insolvent, has its license suspended or revoked, or fails to maintain the required ratings, the Contractor shall immediately substitute a qualifying surety at no additional cost to the City.

The Performance Bond shall guarantee the faithful performance of all obligations of the Contractor under the Contract Documents, including the correction of defective Work during the warranty period.

The Payment Bond shall guarantee payment to all claimants, as defined in Section 255.05(2)(a), Florida Statutes, supplying labor, services, materials, or supplies used directly or indirectly in the prosecution of the Work.

Both bonds shall be submitted on forms acceptable to the City, shall name the City of Riviera Beach as obligee, and shall remain in full force and effect until: (a) the Performance Bond — Final Acceptance of the Work by the City and expiration of the warranty period; and (b) the Payment Bond

— Final Acceptance of the Work by the City and satisfaction of all payment claims. The Contractor's obligation to furnish bonds is not limited to the original Contract Price; in the event of any Contract Amendment increasing the Contract Price, the Contractor shall, within ten (10) calendar days of execution of such amendment, provide riders or replacement bonds reflecting the increased Contract Price at no additional cost to the City.

Pursuant to Section 255.05(2), Florida Statutes, the Contractor shall record the Payment Bond in the public records of Palm Beach County prior to commencing the Work and shall provide the City with written evidence of such recordation. Failure to record the Payment Bond shall not relieve the Contractor or surety of their obligations thereunder.

Any Bidder that is unable to obtain the required bonds shall be deemed non-responsible and shall not be eligible for award. The inability of a Bidder to obtain bonds shall not entitle the Bidder to return of its Bid Bond.

N. COST

Prices offered on the Bid Cost Proposal (Bid Sheet) Form are all inclusive and will constitute complete compensation. Failure on the part of the Contractor to completely and properly evaluate any factors of costs prior to bidding will not form a basis for additional compensation.

O. REQUIRED LICENSING

In order to be deemed responsive and responsible to this solicitation, Bidder Must be registered to do business in the State of Florida and possess all required State, Federal, and Local licenses and certifications required to perform the services requested herein.

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 bid submittal will result in a non-responsive and responsible determination.

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

State: Business License (www.myfloridalicense.com) Certificate of Good Standing (www.sunbiz.org) General Contractor License (www.myfloridalicense.com)

P. SUBMITTAL GUIDELINES FOR BIDNET DIRECT

1. CITB Released This CITB is being conducted through BidNet, an online, electronic tool, which allows a supplier to register, log on, select answers and type text in response to questions, and upload any necessary documents. Each supplier interested in competing to win a contract award must complete and submit a response to this CITB using BidNet.

2. CITB Review

Carefully review all information contained in the solicitation, including all documents available as attachments or available through links. Any difficulty accessing the solicitation or documents should be reported immediately to the Procurement Contact and/or the BidNet Help Desk.

3. Uploading Forms When the Bidder is ready to upload electronic files (completed forms or worksheets, product sheets, etc.), please follow the directions within the CITB to upload these documents in the proper location.

4. Reviewing the Response Before Submission Each Bidder is responsible for ensuring all questions have been answered appropriately and that all necessary documents have been uploaded where applicable.

5. Help Desk Support For technical questions related to the use of BidNet Direct, suppliers have access to phone support at 800-835-4603, Monday through Friday 8:00 AM to 8:00 PM EST excluding Holidays or closings in response to inclement weather. Suppliers can also email questions to:

support@bidnet.com.

Q. CONTRACT PERIOD

This is a one-time fixed project.

There are no renewal options for this project. All prices, terms, and conditions shall remain fixed for the initial period of the contract. There will be no allowable price escalations throughout any contract period(s), unless otherwise specified in this document.

R. 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 Meeting, Oral Presentations before Evaluation 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…