PROJECT MANUAL

ITB WS 54-26

Shoal River Ranch Water Storage Tank Okaloosa County, Florida

OKALOOSA COUNTY COMMISSIONERS

Trey Goodwin, Chair, District 4 Drew Palmer, Vice-Chair, District 5

Sherri Cox, District 3 Paul Mixon, District 1

Carolyn Ketchel, District 2

COUNTY ADMINISTRATOR

John Hofstad

DEPUTY COUNTY ADMINISTRATOR

Jason Autrey, P.E.

OKALOOSA WATER AND SEWER

Mike Hackett, Director

Mark Wise, P.E., Deputy Director

ENGINEERING MANAGER

Cory T. Lewis, P.E.

ENGINEER OF RECORD

Beth Brant, P.E. – Poly Inc.

SHOAL RIVER RANCH WATER STORAGE TANK APRIL 2026

ITB WS 54-26 POLY JOB NO. 41-492

Advertisement for Bids Page 00 11 13-1

INVITATION TO BID (ITB) & RESPONDENT’S ACKNOWLEDGEMENT

ITB TITLE: SHOAL RIVER RANCH WATER STORAGE TANK

ITB NUMBER: ITB WS 54-26

ISSUE DATE:

MANDATORY PRE-BID:

LAST DAY FOR QUESTIONS:

ITB OPENING DATE & TIME:

May 18, 2026

June 16, 2026 9:00 AM CDT

July 9, 2026 12:00 PM CDT

July 15, 2026 3:00 PM CDT

NOTE: BIDS RECEIVED AFTER THE BID OPENING DATE & TIME WILL NOT BE CONSIDERED.

Okaloosa County, Florida solicits your company to submit a bid on the above referenced goods or services. All terms, specifications and conditions set forth in this ITB are incorporated into your response. A bid will not be accepted unless all conditions have been met. All bids must have an authorized signature in the space provided below. All bids must be submitted electronically by the time and date listed above. Bids may not be withdrawn for a period of ninety (90) days after the bid opening unless otherwise specified.

RESPONDENT ACKNOWLEDGEMENT FORM BELOW MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE RESPONDENT.

COMPANY NAME

MAILING ADDRESS

CITY, STATE, ZIP

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):_________________________________________

TELEPHONE NUMBER: EXT: FAX:

EMAIL:

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDENT SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID FOR THE RESPONDENT.

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE:________________________________________________________ DATE: _________________________________________________

Rev: September 22, 2015

Advertisement for Bids Page 00 11 13-2

DOCUMENT 00 00 10 – TABLE OF CONTENTS

DIVISION 0 – CONTRACT AND BIDDING DOCUMENTS

00 11 13 ADVERTISEMENT FOR BIDS

00 21 13 INSTRUCTIONS TO BIDDERS

00 41 00 BID FORM WITH ATTACHMENTS

00 43 13 BID BOND

00 51 00 NOTICE OF INTENT

00 52 13 DRAFT AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

00 61 13.13 PERFORMANCE BONDS

00 61 13.16 PAYMENT BONDS

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

TECHNICAL DATA

Appendix A – Contract and Technical Specifications as prepared by Poly, Inc. bearing the title, Shoal River Ranch Water Storage Tank, ITB WS 54-26 – Technical Specifications, dated MAY 2026, 133 pages.

Appendix B – FDEP Permit (Pending)

Appendix C – FAA Determination Letter, 5 pages.

Advertisement for Bids Page 00 11 13-3

DOCUMENT 00 11 13 – ADVERTISEMENT FOR BIDS

OKALOOSA BOARD OF COUNTY COMMISSIONERS

CRESTVIEW, FLORIDA

ITB WS 54-26 PAINT & REPAIR WATER TANKS (2026)

Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept bids until 3:00 p.m. (CDT) July 15, 2026, for the SHOAL RIVER RANCH WATER STORAGE TANK. The intended Scope of Work is described in the technical specifications in Appendix A of this document.

Interested respondents desiring consideration shall submit their response online at OPENGOV through the link provided below:

https://procurement.opengov.com/portal/myokaloosa

A mandatory pre-bid conference will be held at 9:00 AM CDT on June 16, 2026 at the Okaloosa County Water and Sewer Field Operations Building, 1802 Lewis Turner Blvd, FWB, FL 32548 – Large Conference Room

Unless otherwise stipulated in the bid/bid description, all responses must be submitted using OPENGOV only. No other means of submission of responses will be accepted. Responses will be accepted by OPENGOV until 3:00 p.m.

(CDT) July 15, 2026 at which time all bids that are timely submitted will be opened and reviewed.

The County reserves the right to award the bid to the lowest responsive respondent and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bids and the resulting Agreement that is in its best interest, and its decision shall be final.

For solicitation information, please contact:

DeRita Mason, Purchasing Manager dmason@myokaloosa.com , 850-689-5960

DeRita Mason, Purchasing Manager Date

OKALOOSA COUNTY

BOARD OF COUNTY COMMISSIONERS

ROBERT A. “TREY” GOODWIN, III, CHAIRMAN

END OF DOCUMENT 00 11 13 - ADVERTISEMENT FOR BIDS

https://procurement.opengov.com/portal/myokaloosa mailto:dmason@myokaloosa.com

Instructions to Bidders Page 00 21 13-1

DOCUMENT 00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

Terms used in these Instructions to BIDDERs will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.01 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.02 BIDDER – The individual or entity who submits a Bid directly to OWNER.

1.03 Successful BIDDER – The lowest, responsible BIDDER submitting a responsive bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the ENGINEER.

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within five days of OWNER’s request written evidence such as financial data, previous experience, present commitments and other such data as may be called for below. The successful low BIDDER(s) will be required to acquire a county business license before the contract will be awarded.

3.02 CERTIFIED TO DO BUSINESS IN THE STATE OF FLORIDA.

BIDDER must be certified to conduct business in the state of Florida through Florida’s Secretary of State’s office, department of corporations. https://dos.myflorida.com/sunbiz/forms/corporations/. Bidder shall be licensed in accordance with the requirements of Chapter 489 of the Florida Statutes.

3.03 CERTIFICATE OF GOOD STANDING FOR STATE OF FLORIDA

Florida Statute 607.1501 requires that all vendors who wish to do business in the State of Florida be licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is https://dos.myflorida.com/sunbiz/manage-business/certification/.

3.04 Pursuant to section 287.05701, Florida Statutes, the County will not request any documentation of or consider a proposer’s social, political or ideological interests when determining if the proposer is a responsible proposer. The County will not give a preference to a proposer based upon the proposer’s social, political, or ideological interests.

https://dos.myflorida.com/sunbiz/forms/corporations/ https://dos.myflorida.com/sunbiz/manage-business/certification/

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ARTICLE 4 - PRE-BID CONFERENCE

4.01 A mandatory pre-bid conference will be held at 9:00 AM CDT on June 16, 2026 at the Okaloosa County Water and Sewer Field Operations Building, 1802 Lewis Turner Blvd, FWB, FL 32548 – Large Conference Room

4.02 BIDDERS are required to attend and participate in the conference.

4.03 ENGINEER will transmit (via Purchasing Department) to all prospective BIDDERS of record such

Addenda as ENGINEER considers necessary in response to questions arising at the conference.

Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE

5.01 Subsurface and Physical Conditions

A. Reference is made to the Supplementary Conditions for the identification of:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 5.01.A will be made available by OWNER to any BIDDER on request. These reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which BIDDER is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph 5.03 of the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion BIDDER draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

5.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing

Underground Facilities at or adjacent or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. ENGINEER assumes no responsibility for the accuracy or completeness of the information furnished by said OWNERs.

5.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous

Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bid Documents.

B. Copies of reports and drawings referenced in Paragraph 5.03.A will be made available by OWNER to any BIDDER on request. These reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which BIDDER is entitled to rely as provided in Paragraph 5.06 of the General Conditions has been identified and established in Paragraph 5.06 of the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion BIDDER draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

5.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 5.03,

5.04 and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition

Instructions to Bidders Page 00 21 13-3 uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

5.05 On request, OWNER will provide BIDDER access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as BIDDER deems necessary for submission of Bid. BIDDER shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests and studies.

5.06 Reference is made to Article 8 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for each other work.

5.07 It is the responsibility of each BIDDER before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy BIDDER as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy BIDDER as to all federal, state and local Laws and

Regulations that may affect cost, progress, or performance of the Work;

D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 5.03 of the General Conditions, and carefully study all reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 5.06 of the General Conditions.

E. obtain and carefully study (or assume responsibility for doing so) all examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, tests, studies, and data with the Bidding Documents;

I. promptly give Purchasing written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to BIDDER; and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

Instructions to Bidders Page 00 21 13-4

5.08 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 5, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that BIDDER has given Purchasing written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in the Bidding Documents and the written resolutions thereof by Purchasing are acceptable to BIDDER, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The sites are identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Purchasing via OPENGOV prior to last day for questions. The last day for questions will be 12:00 PM local time on July 9, 2026, and shall be submitted via OPENGOV. Interpretations or clarifications considered necessary by Purchasing in response to such questions will be issued by Addenda via Vendor Registry and delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

Note: For BIDDER’s convenience, this form of Addendum Acknowledgement is enclosed as Attachment “A” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of BIDDER’s maximum Bid price and in the form of a cashier’s check or a Bid Bond on the form attached issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. The copy of Bid Bond must be included in electronic package and the original should be mailed or hand delivered to the office by the due date of the ITB.

8.02 The Bid security of the Successful BIDDER will be retained until such BIDDER has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful BIDDER fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that BIDDER will be forfeited. The Bid security of other BIDDERs whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of ten (10) days after the effective date of the Agreement or sixty (60) days after the bid opening whereupon Bid security furnished by such BIDDER will be returned.

8.03 Bid security of other BIDDERs that OWNER believes do not have a reasonable chance of receiving the award will be released within ten days after the Bid opening.

Instructions to Bidders Page 00 21 13-5

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed, and (b) also completed and ready for final payment, are set forth in Article 4 of the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in Article 4 of the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If OWNER requests the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of the Effective Date of the Agreement as provided for in Paragraph 7.06 of the General Conditions, the apparent Successful BIDDER, and any other BIDDER so requested, shall within seven (7) days after receipt of a written request from the OWNER or the ENGINEER, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful BIDDER to submit a substitute, in which case apparent Successful BIDDER shall submit an acceptable substitute, BIDDER’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful BIDDER declines to make any such substitution, OWNER may award the Contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers, individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any BIDDER. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to subsequent revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General Conditions.

12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual or entity against who CONTRACTOR has reasonable objection.

Note: For BIDDER’s convenience, this form of Schedule of Subcontractors is enclosed as Attachment “B” with Section 00 41 00 “Bid Form with Attachments”. Attachment “B” is not required to be submitted as part of the Bid Package.

Instructions to Bidders Page 00 21 13-6

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. The BIDDER shall submit an electronic copy via

OPENGOV

13.02 All blanks on the Bid Form shall be completed in ink or type written and the Bid Form signed in ink. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. Bids having erasures or corrections must be initialed in ink by the BIDDER. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it and initial the correction. Any illegible entries, pencil bids or corrections not initialed may not be accepted.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer who has legal authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

13.06 A Bid by an individual shall show the BIDDER’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.

The official address of the joint venture must be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on Attachment “A” with Section 00 41 00 “Bid Form with Attachments”.

13.10 The address and telephone number for communications regarding the Bid shall be shown.

13.11 If the BIDDER is an out-of-state corporation, the Bid shall contain evidence of BIDDER’s authority and qualification to do business as an out-of-state corporation in the State of Florida. BIDDER’s state contractor license number for the State of Florida shall also be shown on the Bid Form. Contractor shall be licensed in accordance with the requirements of Chapter 489 of the Florida Statutes.

ARTICLE 14 - BASIS OF BID, EVALUATION OF BIDS

14.01 Unit Price

A. BIDDERs shall submit a Bid on a unit price basis for each item of Work listed in the Bid

Schedule.

B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

D. The Bid price shall include such amounts as the BIDDER deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents, as provided in the General Conditions.

Instructions to Bidders Page 00 21 13-7

ARTICLE 15 - SUBMITTAL OF BID

15.01 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be submitted electronically via OPENGOV. The response submitted should be one (1) completed document, unless otherwise specified within the document.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 Once bids are open, the bid submittal may not be withdrawn for sixty (60) days, unless within 24 hours after Bids are opened the BIDDER files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid, and the Bid security will be returned.

Thereafter, if the Work is rebid, that BIDDER will be disqualified from (1) further bidding on the Work, and

(2) doing any work on the Contract, either as a subcontractor or any other capacity.

ARTICLE 17 - OPENING OF BIDS

17.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the BIDDER’s responsibility to ensure that his bid is entered electronically at the proper time and place. Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of Bids will be made available to BIDDERs after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of sixty (60) days after the day of the bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - AUTHORITY TO PIGGYBACK

19.01 AUTHORITY TO PIGGYBACK - All respondents submitting a response to this Request for Bid agree that such response also constitutes a bid to all governmental agencies under the same conditions, for the same contract price, and for the same effective period as this bid, should the respondent feel it is in their best interest to do so.

19.02 Each governmental agency desiring to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid.

19.03 This agreement in no way restricts or interferes with the right of any governmental agency to bid any or all items.

ARTICLE 20 - AWARD OF CONTRACT

20.01 Right to Waive and Reject:

A. The County, in its absolute discretion, may reject any Bid or a BIDDER that has failed, in the opinion of the County, to complete or perform and Okaloosa County contracted project in a timely fashion

Instructions to Bidders Page 00 21 13-8 or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers.

B. There is no obligation on the part of the County to award the Bid to the lowest BIDDER, and the County reserves the right to award the Bid to the BIDDER(s) submitting the lowest most responsible and responsive Bid with a resulting negotiated Agreement which is most advantageous and in the best interest of Okaloosa County and to reject any and all Bids or to waive any irregularity or technicality in Bids received. Okaloosa County shall be the sole judge of the Bid and the resulting negotiated Agreement that is in the best interest and its decision shall be final.

i. The Board of County Commissioners reserves the right to waive any informalities or reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Bid and to accept the Bid that in its judgement will best serve the interest of the County.

ii. The Board of County Commissioners specifically reserves the right to reject any conditional Bids and will normally reject those which made it impossible to determine the true amount of the Bid. Each item must be Bid separately, and no attempt is to be made to tie any item or items to any other item or items.

C. Disqualification of BIDDERs:

Any of the following reasons may be considered as sufficient for the disqualification of a BIDDER and the rejection of his Bid or Bids:

i. More than one Bid for the same work from an individual, firm or corporation under the same or different name.

ii. Evidence that the BIDDER has a financial interest in the firm of another BIDDER for the same work.

iii. Evidence of collusion among BIDDERs. Participants in such collusion will receive no recognition as BIDDERs for any future work of the County until such participant shall have reinstated as a qualified BIDDER.

iv. Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded.

v. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement for Bids.

vi. Default under previous contract.

vii. The Board of County Commissioners, in its absolute discretion, may reject any Bid or a BIDDER that has failed, in the opinion of the Board, to complete or perform and Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers.

viii. Listing of the BIDDER by any Local, State or Federal Government on its barred/suspended vendor list.

ix. Bids will not be considered from BIDDERs who are currently involved in official financial reorganization or bankruptcy proceedings.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When OWNER issues a Notice of Award to the Successful BIDDER, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful BIDDER shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER.

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Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful BIDDER with a complete set of the Drawings with appropriate identification.

ARTICLE 22 - PUBLIC ENTITY CRIME INFORMATION

22.01 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to the public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for the period of 36 months from the date of being placed on the convicted vendor list.

ARTICLE 23 - CONFLICT OF INTEREST

23.01 The award hereunder is subject to the provision of Chapter 112, Florida Statues. All BIDDERs must disclose with their bid proposal the name of any officer, director or agent who is also a public officer or an employee of the Okaloosa County Board of County Commissioners, or any of its agencies. Further, all BIDDERs must disclose with their bid proposal the name of any County officer or employee who owns, directly or indirectly an interest of five percent (5%) or more in the firm or any of its branches.

A. The Contractor, prior to or at the time of submission of the bid proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the case of another OWNER, if he is an officer or employee of the County, disclosing his or spouse’s or child’s interest and the nature of the intended business.

Note: For BIDDER’s convenience, this form of Conflict of Interest Disclosure is enclosed as Attachment “C” with Section 00 41 00 “Bid Form” and is made a part of the Bid Package.

ARTICLE 24 - RECYCLED CONTENT INFORMATION

24.01 In support of the Florida Waste Management Law, BIDDERs are encouraged to supply with their bid any information available regarding recycled material content in the projects bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.) and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose.

Note: For BIDDER’s convenience, this form of Recycled Content is enclosed as Attachment “D“ with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 25 - OMITTED

ARTICLE 26 - IDENTICAL TIE PROPOSALS

26.01 In cases of identical procurement responses, the award shall be determined either by lot or on the basis of factors deemed to serve the best interest of the County. In the case of the latter, there must be adequate documentation to support such a decision.

Instructions to Bidders Page 00 21 13-10

ARTICLE 27 - DRUG-FREE WORKPLACE PROGRAM

27.01 Bids will only be received from BIDDERS who can certify to having in place a drug-free workplace program.

To have a Drug-Free Workplace program, a business shall, at a minimum, meet the requirements of Florida Statutes, Section 287.087.

Note: For BIDDER’s convenience, this form of Drug-Free Workplace Program Certification is enclosed as Attachment “E” within Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 28 - INDEMNIFICATION AND HOLD HARMLESS

28.01 Each BIDDER must submit with his bid an executed sworn certification that he will comply with the Hold Harmless in accordance with the provisions of Florida Statues, Section 725.06.

A. BIDDER shall indemnify hold harmless the OWNER and the design Engineer, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the BIDDER and other persons employed or utilized by the BIDDER in the performance of these services.

Note: For BIDDER’s convenience, this Indemnification and Hold Harmless is enclosed as Attachment “F” with Section 00 41 00 “Bid Form Attachments” and is made a part of the Bid Package.

ARTICLE 29 - DISCRIMINATION

29.01 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

A. BIDDER will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap.

ARTICLE 30 - CONTRACT SECURITY AND INSURANCE

30.01 Each BIDDER along with his insurance agent/carrier shall review the insurance requirements for this project and each BIDDER shall submit with his bid an executed sworn certification that insurance policies currently in effect meet the requirements or that a quotation for additional policies or policy modifications was obtained to meet the requirements of this project.

A. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance.

Note: For BIDDER’s convenience, this Insurance Compliance Certification is enclosed as Attachment “G” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 31 - CONE OF SILENCE CLAUSE

31.01 The Okaloosa County Board of County Commissioners has established a solicitation silence policy (Cone of Silence Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (Invitation to Bid, Request for Proposals, Invitation to Quote, Invitation to Negotiate, and Request for Qualifications) issued by the Board through the County Purchasing Department. The period commences from the time of advertisement until CONTRACT award. Each BIDDER shall review and sign the enclosed form indicating that the BIDDER agrees to abide by the County’s “Cone of Silence Clause” and understands that a violation of this policy shall result in disqualification of their bid.

Instructions to Bidders Page 00 21 13-11

Note: For BIDDER’s convenience, this Cone of Silence is enclosed as Attachment “H” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 32 - PROTECTION OF RESIDENT WORKERS

32.01 The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. the employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

A. Okaloosa County reserves the right to request documentation showing compliance with the requirement.

B. BIDDERs doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all new and existing employees hired by the CONTRACTOR during the term of the Contract and shall expressly require subcontractors performing work or providing services pursuant to the Contract to likewise utilize the E-Verify system during the Contract term.

Note: For BIDDER’s convenience, this Federal E-Verify Compliance Certification is enclosed as Attachment “I” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 33 - CHILD LABOR

33.01 BIDDER certifies no knowledge of forced nor indentured child labor from any person under the age of 18 was used in the supply of any end product that was mined, produced or manufactured in a corresponding country as defined in 48 CFR 52.222-18.

Note: For BIDDER’s convenience, this Certification Regarding Child Labor is enclosed as Attachment “J” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

ARTICLE 34 - NON-COLLUSION STATEMENT

34.01 BIDDER certifies that it has entered into no Agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other BIDDERs. See Florida Statute 838.22.

Note: For BIDDER’s convenience, this Non-Collusion Statement is enclosed as Attachment “K” with Section 00 41 00 “Bid Form with Attachment” and is made a part of the Bid Package.

ARTICLE 35 - OMITTED

ARTICLE 36 - REVIEW OF PROCUREMENT DOCUMENTS

36.01 Per Florida Statute 119.071(1)(b)2. sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) (Inspection and copying of public records) and s.

24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

Instructions to Bidders Page 00 21 13-12

ARTICLE 37 - COMPLIANCE WITH FLORIDA STATUTE 119.071

37.01 The BIDDER shall comply with all the provisions of section 119.071, Florida Statutes relating to the public records which requires, among other things, that the BIDDER: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the BIDDER upon termination of the contract.

ARTICLE 38 - CERTIFICATE OF GOOD STANDING FOR STATE OF FLORIDA

38.01 Florida Statute 607.1501 requires that all vendors who wish to do business in the State of Florida be licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is https://dos.myflorida.com/sunbiz

ARTICLE 39 - HIERARCHY OF CONTRACT DOCUMENTS

39.01 In the event of conflicts, inconsistencies, discrepancies or ambiguities between the Contract Document arise, unless otherwise provided, the controlling instrument shall be determined by the descending order of the Contract Documents as follows:

1. Modifications issued after the execution of the Agreement

2. Agreement between Owner & Contractor for Construction Contract

3. Addenda issued after the Bid Specifications were advertised to potential Bidders

4. Supplementary Conditions

5. EJCDC General Conditions, 2013 Edition

6. Technical Specifications

7. Construction Drawings

8. Computed dimensions govern over-scaled dimensions.

ARTICLE 40 - APPLICABLE LAWS & REGULATIONS

40.01 All applicable Federal and State laws, County and municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over the project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

ARTICLE 41 - SYSTEM FOR AWARD MANAGEMENT (SAM)

41.01 The BIDDER shall ensure registration with the Federal Government’s System for Award Management (SAM) database prior to award, during performance and through final payment of the CONTRACT. All mandatory information must be entered to include the Core, Assertions, Representations and Certifications, and Points of Contact sections.

A. Information on registration for and use of the SAM database can be obtained via the internet at the U.S. General Services Administration site: https://www.sam.gov/. Processing time for new registration normally takes 48 hours, BIDDER should apply for registration immediately upon receipt of this ITB.

https://dos.myflorida.com/sunbiz https://www.sam.gov/

Instructions to Bidders Page 00 21 13-13

B. If the BIDDER does not register in the SAM database in a timely manner, the OWNER may proceed to award to the next otherwise successful registered BIDDER.

C. The BIDDER is required to provide their SAM information as part of Article 9 - Bid Submittal in Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

D. See this Section, Exhibit A, “System for Award Management (Oct 2016)” for additional information.

ARTICLE 42 - OTHER STATEMENTS, FORMS AND DOCUMENTATION

A. Company Data – Included as Attachment “L” with Section 00 41 00 “Bid Form with Attachments” and is made a part of the Bid Package.

B. List of References – Included as Attachment “M” with Section 00 41 00 “Bid Form with Attachments” and is made a part of this Bid Package.

C. Vendors on Scrutinized Companies Lists – Included as Attachment “N” with Section 00 41 00 “Bid Form with Attachments” and is made a part of this Bid Package.

D. Certification Regarding Lobbying Activities on Federal Aid Contracts (FDOT Form #375-030-33) included as Attachment “O” with Section 00 41 00 “Bid Form with Attachments” and is made a part of this Bid Package.

E. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion and Lower Tier Covered Transactions included as Attachment “P” with Section 00 41 00 “Bid Form with Attachments” and is made a part of this Bid Package.

F. Anti-Human Trafficking Affidavit, included as Attachment “Q”, with the Section 00 41 00 “Bid Form Attachments” and made a part of this Bid Package.

G. UNITED STATES-PRODUCED IRON AND STEEL (s. 255.0993, Fla. Stat.). Any iron or steel product permanently incorporated into the project must be produced in the United States.

Bid Form with Attachments Page 00 41 00-1

DOCUMENT 00 41 00 – BID FORM WITH ATTACHMENTS

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: Okaloosa County, a political subdivision of the State of Florida.

1.02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

BIDDER accepts all of the terms and conditions of the Instructions to BIDDERs, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that BIDDER may agree to in writing upon request of OWNER.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

In submitting this Bid, BIDDER represents that:

A. BIDDER has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the Addenda as defined in Attachment “A”.

B. BIDDER has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the…