1-12-ITB-26 Solicitation.pdf

INVITATION TO BID # 12-ITB-26

Lagoon House Shoreline Preservation/Mitigation

Funding Note: This project utilizes FDEP funding. Please see section 9 of General Conditions as well as Attachment A for additional requirements associated with this project.

Bid Release Date:

November 14, 2025

Virtual Prebid Meeting

November 21, 2025 @ 10:00 AM (Non-Mandatory)

Deadline for Questions

December 5, 2025 @ 5:00 PM

Bid Due Date:

December 16, 2025 @ 9:00 AM

Bid Open Date:

December 16, 2025 @ 9:30 AM

Bid Bond:

Required (5%)

Contact Information

Selda Vasquez-McMahan, Procurement Agent II 120 Malabar Road SE Palm Bay, FL 32907

321-952-3424

Lagoon House Shoreline Preservation/Mitigation Bid # 12-ITB-26

TABLE OF CONTENTS

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS _______________________________ 4

NOTICE TO BIDDERS ____________________________________________________________ 6

PROJECT DESCRIPTION _________________________________________________________ 7

AGENCY OVERVIEW ____________________________________________________________ 7

SCOPE OF WORK _______________________________________________________________ 7

TIME FOR COMPLETION _______________________________________________________ 11

LIQUIDATED DAMAGES ________________________________________________________ 11

INSTRUCTIONS TO BIDDERS____________________________________________________ 12

FORMS ________________________________________________________________________ 25

BID FORM _____________________________________________________________________ 26

BIDDER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT __________________ 33

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER _________________________________ 35

TRENCH SAFETY AFFIDAVIT ____________________________________________________ 36

DRUG FREE WORKPLACE PROGRAM ___________________________________________ 37

STATEMENT OF BIDDER’S QUALIFICATIONS ____________________________________ 38

SUBCONTRACTOR LISTING_____________________________________________________ 40

BID BOND _____________________________________________________________________ 41

CORPORATE RESOLUTION _____________________________________________________ 42

REFERENCES __________________________________________________________________ 43

HUMAN TRAFFICKING AFFIDAVIT _______________________________________________ 44

DRAFT AGREEMENT ___________________________________________________________ 45

OWNER DIRECT PURCHASE (ODP) GUIDELINES _________________________________ 76

CERTIFICATE OF ENTITLEMENT ________________________________________________ 80

PUBLIC CONSTRUCTION BOND _________________________________________________ 81

GENERAL CONDITIONS ________________________________________________________ 84

INTERNAL DOCUMENTS ________________________________________________________ 94

NOTICE TO PROCEED __________________________________________________________ 95

CHANGE ORDER _______________________________________________________________ 97

APPLICATION AND CERTIFICATION FOR PAYMENT ______________________________ 98

CERTIFICATE OF SUBSTANTIAL COMPLETION __________________________________ 99

CERTIFICATE OF FINAL COMPLETION __________________________________________ 101

RELEASE OF LIEN, RIGHTS OR CLAIMS ________________________________________ 102

GENERAL REQUIREMENTS ____________________________________________________ 103

______________________________________________________________________________ 105

ATTACHMENT A: Florida Department of Environmental Protection Permit and Maps ______________________________________________________________________________ 105

ATTACHMENT B: Army Corps of Engineers Permit ______________________________ 106

ATTACHMENT C: Project Design Criteria (PDC) A7.1-24, AP.1-6, and AP.7-11 ______ 107

ATTACHMENT D: Satellite Map_________________________________________________ 108

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS

This “Standardized Check List” has been provided to assist the Bidder with the submission of their Bid package. This Check List cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire Bid document to ensure that they are in compliance.

The City, in its sole discretion, reserves the right to reject any and all Bids, to waive any and all formalities and reserves the right to disregard all nonconforming, non-responsive or incomplete Bids. The City specifically reserves the absolute right to determine the seriousness of any bidder’s failure to specifically conform to the requirements of the Bid document. Bidders cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any Bid. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of Addenda as prescribed.

Bid packages shall be submitted via the City of Palm Bay’s Bonfire platform. Receipt of Bids will be officially closed after time and date identified herein. Bids received after the specified time and date will not be accepted. The City will not be responsible for technical difficulties, internet connectivity issues, email server issues or any other delivery issues or delays.

Electronic copies will be considered late if the received day/date/time in the City of Palm Bay’s Bonfire platform website is after the time and date identified herein.

ITEM YES NO N/A

Checklist of Minimum Required Submittals

Bid Table (within Bonfire)

Bid Form - Acknowledged Addenda Acknowledgement (Section 00300)

Non-Collusion Affidavit (Section 00301)

Trench Safety Affidavit (Section 00302)

Drug Free Workplace For (Section 00303)

Statement of Bidder’s Qualifications (Section 00305)

Notarized Letter of Bonding Capacity from Surety (Section 00305)

Subcontractor Listing (00306)

Bid Bond (Section 00400)

References

Human Trafficking Affidavit

Certification Regarding Lobbying

Certification Regarding Debarment and Suspension

Proof of Marine Contractor (SCC) Licensure

***CONTINUED ON NEXT PAGE***

Company Name:

DBA, if applicable

FEIN:

Street Address:

City, State, Zip Code:

Phone Number:

Email Address:

Authorized Signature:

Printed Name:

Title:

Date:

NOTICE TO BIDDERS

Notice is hereby given that sealed Bids in the form of an electronic PDF submittal for furnishing all labor, materials, and equipment for the construction of:

Lagoon House Shoreline Preservation/Mitigation

12-ITB-26

will be received via the City of Palm Bay’s Bonfire website, no later than Tuesday, December 16, 2025, at 9:00 AM. Bids received after the above time and date will not be accepted. Any uncertainty regarding the time a Bid is received will be resolved against the Bidder.

DEADLINE FOR QUESTIONS

Questions are due to the official procurement, through the Bonfire platform, no later than Tuesday, December 5, 2025, at 5:00 PM. Any questions submitted after will be answered at the discretion of the City.

BID OPENING

The Bids will be opened and read aloud in a public meeting which will be conducted on Tuesday, December 16, 2025, at 9:30 AM. The location of the opening and reading will be the Procurement Department, Conference Room, 120 Malabar Road, SE, Suite 200, Palm Bay, FL 32907. Interested parties may attend virtually via Microsoft Teams or telephonically by:

In Microsoft Teams: Meeting ID: 212 630 393 833 74

Passcode: eL7ra69Z

By Phone: Phone Number: 347-378-4680

Conference ID: 903 861 974#

The public record of the preliminary bid results as read at the public opening can also be requested by calling 321-952-3424 or emailing procurement@palmbayfl.gov. To attend in person, interested parties should check in at the Information Desk in Building A to be escorted to this meeting.

Bids will be received for the project as set forth on the Bid Form, and the award, if made, will be made to the lowest responsible and responsive Bidder whose qualifications indicate the award will be in the best interest of the City of Palm Bay.

Bids shall be:

1. Submitted electronically via the City of Palm Bay’s Bonfire platform.

2. Accompanied by an electronic Bid Bond in the amount of five percent (5%) of the total Bid.

3. The City will accept a certified or cashier’s check (drawn in favor of the City of Palm Bay, Florida) to be hand delivered to the Information Desk located at City Hall, 120 Malabar Road SE, Building A, Palm Bay, Florida 32907 before the bid due date.

4. Irrevocable after the time and date for the opening of Bids and for a period of ninety (90) days thereafter.

VIRTUAL PRE-BID MEETING

A non-mandatory Pre-Bid meeting will be held virtually via Microsoft Teams on Friday, November 21, 2025, at 9:00 AM. This pre-bid meeting will allow the bidder the opportunity to bring forward any questions concerning this bid. Interested parties may attend virtually via Microsoft Teams or telephonically by:

In Microsoft Teams: Meeting ID: 268 978 794 656 80

Passcode: BZ98kh3U

By Phone: Phone Number: 347-378-4680

Conference ID: 326 140 739#

PROJECT DESCRIPTION

AGENCY OVERVIEW

The City of Palm Bay, incorporated January 16, 1960, is a political subdivision of the State of Florida. The legislative branch of the City is composed of five elected Council Members, one of which is the Mayor. The City Manager is responsible for the execution of the Council’s established and adopted policy. The City, with a population of over 146,000 residents, is the largest incorporated area in Brevard County.

(Please visit our official web site, https://www.palmbayfl.gov).

SCOPE OF WORK

All Work for this Project shall be constructed in accordance with the Drawings, Specifications, other attachments, and associated permit requirements. This project is funded by the federal government and will have their oversight.

This project involves the preservation and stabilization of approximately 3,000 linear feet of shoreline along the Indian River Lagoon, located in front of the Ted Morehead Lagoon House, 3275 Dixie Hwy NE, Palm Bay, FL 32905. The work will be accomplished through the installation of artificial reef structures— specifically the Reef Arch system or an equivalent or superior design—that promote habitat creation, shoreline protection, and water quality enhancement. The objective of this project is to provide a sustainable, environmentally responsible solution that mitigates erosion, supports marine biodiversity, and contributes to the long-term resilience of the Lagoon’s ecosystem.

The awarded Contract shall furnish and install Reef Arch (or equivalent) modules along shoreline in 18 sections consisting of 8 (eight) to 10 (ten) arches with 10 ft. gaps between each section. Approximately 172 Reef Arches (or equivalent) in total. Each module is to be 6 ft. long, 4 ft. wide and 2.5 ft. tall. The modules will be placed 15 ft. from the Safe Upland Line/Mean High Water Line, within the Indian River, a Class II Florida Waterbody. Please see attached drawings for specifications on arches dimensions and location of installation. Final plans are dated 09302025.

The contractor shall be advised there is not any access nor access roads nor availability to take the reef arches (or equivalent) to the shoreline over existing access area on the Lagoon House property, etc. nor will it be permissible to construct nor install nor provide an access route to the shoreline.

The Contractor determines the means and methods for installing the reef arches (or equivalent). The Contractor shall provide sufficient equipment to comply with minimum depth of the water way and include sufficient lifting equipment, cranes, boats, barges, slinges, manpower, safety devices, etc.

This project is governed by the Florida Department of Environmental Protections (FDEP) and United States of America Army Corps of Engineers (ACOE).

The contractor shall perform all work as shown on the Florida Department of Environmental Protection Permit No. 366927-003 Easement File No. 054003704 hereby referred to as Lagoon House Drawings. The FDEP and ACOE permits are being issued with the bidding documents. The contractor is responsible for obtaining all other permits for the work to be installed including boat or barge permits, crane permits, trucking/transportation special permits, and trade permits required to be issued by the state or local Authority Having Jurisdiction (AHJ). The Contractor is required to conform with all directions and/or requirements described in the permits at no additional cost including several restrictions noted in the permit that must complied with associated to the depth of water available at the setting location, turbidity, manatee precautions, posting, etc.

These drawings are included with the permit.

FDEP and ACOE permitting have been acquired by City of Palm Bay at no cost to the Contractor. The Contractor shall perform all requirements of the permits to remain in compliance with all permits.

The Contractor shall obtain and pay for all trade permits, transportation permits, watercraft permits, and licenses and all other permits required by Authorities Having Jurisdiction (AHJ) over the work or operations of the Contractor.

The contractor shall submit all written communications required by FDEP, ACOE, and/or AHJs, including commencement of work notices, completion notices, etc., directly to the agency requiring such communications

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 - The Contractor shall comply with the following conditions intended to protect manatees from direct project effects:

1. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

2. All vessels associated with the construction project shall always operate at “Idle Speed/No Wake” while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

3. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

4. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shut down if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

5. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

6. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.

The storage of material at the Ted Moorehead Lagoon House is limited and should be coordinated with Marine Resources Council (MRC) and City Construction Project Manager (CPM).

There shall be no stockpiling of tools or materials (i.e., lumber, pilings, and debris) within wetlands/waters of the state unless specifically approved in this permit. All construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit. Stocking along the shoreline for any temporary time period is permissible provided the area selected is/will not be submerged by water tidal fluctuations.

The Contractor shall identify a delivery location for the reef arches (or equivalent) to be delivered and shall pay and arrange for use of this location from the property owner. This location shall be within 3 miles of waterway access to the project site. Any site further away from the project site will require the Contractor to pay any additional delivery charges by the Contractor providing the reef arches (or equivalent).

The Contractor shall remove existing structures necessary for installation of reef arches (or equivalent) as approximated and shown on the drawings 5 of 9 and 7 of 9 accompanying the FDEP permit

Watercraft associated with the construction of the permitted structure shall operate within waters of sufficient depth to preclude bottom scouring, prop dredging, or damage to submerged bottom or submerged resources. During all construction activities, there shall be a minimum of 1-foot clearance between the draft of the construction vessel and the top of any submerged resources or submerged bottom. The contractor shall provide his own soundings and water depth measurements to confirm the depth of water available for his operations.

Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62- 302.530(70), F.A.C.

Turbidity shall not exceed 29 Nephelometric Turbidity Units (NTU) above natural background conditions.

Those activities comprise 4,272 sq. ft. of preemption of state-owned sovereignty submerged lands.

The Contractor shall properly install the turbidity equipment per the manufacturer’s recommendation and shall inspect the turbidity devices/equipment no less than daily during normal work hours and constantly maintain turbidity devices if waves or debris break through or create holes in the devices. The Contractor shall provide sufficient anchoring material for the turbidity devices to maintain sufficient clearance between the work being installed and the shoreline. Any turbidity device that floats to or away from the originally installed location will immediately be addressed for additional or more appropriate anchorage methods. The Contractor shall remove any litter that collects on the turbidity device and properly dispose of offsite. Any turbidity device that is damaged or permits the flotation base material to detach or separate from the body of the turbidity device shall be removed and replaced by sufficient turbidity means to keep devices afloat and not a source of debris deposited in the water.

Turbidity shall not be caused by operational activities. For in-water maintenance activities, a floating turbidity apron/curtain shall be installed around the work area and will remain in place until turbidity levels within the work area have returned to background levels prior to maintenance of the breakwater.

The Contractor shall maintain a set of as-built drawings and submit them to the Engineer upon completion of the work. The as-built drawings shall be surveyed for actual locations and all elevations and positions of the reef arches (or equivalent) clearly annotated on the drawings.

Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source, the permittee will be responsible for the removal of the temporary best management practices and turbidity control devices. All turbidity control devices shall be disposed of in an upland disposal area.

Working hours shall be between 7:00am – 5:00pm Monday-Friday and 8:00am-4:00pm Saturday.

Completion of the project is due by March 26, 2026.

AVAILABILITY OF LANDS FOR WORK

The lands upon which the Work is to be performed are controlled by the City. 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 the Contractor.

BIDDING OPTIONS

The Contractor shall submit a bid for the following options:

BASE BID 1 - FURNISH ONLY the Reef Arch (or equivalent) sections from the manufacturer’s fabrication distribution location to a designated location within 3 miles of the Ted Morehead Lagoon House, including off-loading of finished material, stacking the material at the off-loading site, and sufficient labor and manpower and equipment for perform delivery of the Reef Arches (or equivalent).

or

BASE BID 2 - INSTALL ONLY all the supplied Reef Arch (or equivalent) sections, including transportation and equipment and labor from a location within 3 miles of lagoon house to their final installation location.

or

BASE BID 3 - FURNISH AND INSTALL all items included in BASE BIDS 1 and 2.

MINIMUM BIDDER QUALIFICATIONS

The City reserves the right to make additional investigations and request additional information as needed.

1. Bidders must be properly licensed and insured.

2. Bidders must have been in business for a minimum of three (3) years and must have demonstrated references handling shoreline preservation and mitigation contracts of like size and scope.

3. Bidders must provide a minimum of three (3) references must be provided, one of which must be from a governmental agency.

4. Bidders must have ready access to the equipment necessary to perform the work and submit a list of equipment currently owned.

TIME FOR COMPLETION

The CONTRACTOR recognizes that due to funding TIME IS OF THE ESSENCE. The Contract Time shall commence on the date set forth in a Notice to Proceed issued by the City to the Contractor. The Work shall be completed no later than March 26, 2026 and ready for final payment in accordance with this Agreement.

LIQUIDATED DAMAGES

Upon failure of the CONTRACTOR to complete the Work by the Substantial Completion Date the CONTRACTOR shall pay to the CITY the sum of Two Hundred Fifty Dollars ($250) for each and every calendar day until the Work reaches Substantial Completion Date, as fixed and agreed liquidated damages and not as a penalty. The Parties agree and recognize the impossibility of precisely ascertaining the amount of damages that the City will sustain in the event that Contractor fails to timely achieve the Substantial Completion Date. The CITY shall have the right to deduct from or retain any compensation which may be due, or which may become due and payable to the CONTRACTOR in the amount of liquidated damages to be assessed by the CITY against the CONTRACTOR. The CONTRACTOR shall be responsible for reimbursing the CITY, in addition to liquidated damages or other damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the Work beyond the Substantial Completion Date.

2023-2024 FDOT Standard Plans for Road and Bridge Construction rstandardplansfy2023-24e2.pdf (windows.net)

2023 FDOT Manual on Uniform Traffic Control Devices MUTCD 11th Edition - 2023 (dot.gov)

FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND

BRIDGE CONSTRUCTION FY 24-25

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/specbooks/fy-2024-25/fy2024-25ebookfinalcomp-revised3-4- 24.pdf?sfvrsn=16ab03d_1

TECHNICAL SPECIFICATIONS – PER LATEST FDOT SPECIFICATIONS

101 Mobilization

102 Maintenance of Traffic

104 Prevention, Control, and Abatement of Erosion and Water Pollution

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions, have the meanings assigned to them in the General Conditions, as supplemented. The term "Apparent Low Bidder" means the Bidder submitting the lowest Bid at the Bid Opening without correction of numerical discrepancies or determination of responsiveness and responsibility. The term "Successful Bidder" means the Bidder to whom City awards or expects to award the Contract.

ARTICLE 2 – TIMELINE OF BIDS

2.1 The timeline of the bid is in accordance with the Notice to Bidders.

ARTICLE 3 – COPIES OF BID DOCUMENTS

3.1 Bid documents including drawings and specifications may be examined at the Office of the Procurement Department, City Hall Municipal Complex, 120 Malabar Road SE, Suite 200, Palm Bay, Florida, 32907. CD Copies of the Bid documents are available upon request from the Office of the Procurement Department.

3.2 Bid documents, plans, specifications and addenda information will be posted online at the City of Palm Bay’s Web Page located at https://www.palmbayfl.gov/government/city-departments-f-to-z/procurement. Bidders are responsible to check this location for updates.

3.3 Complete sets of Bid documents shall be used in preparing Bids. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid documents.

3.4 The City, in providing copies of Bid documents on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use.

ARTICLE 4 – QUALIFICATIONS OF BIDDERS

4.1 Each Bid must contain Bidder’s General Contractor license number, or the Bidder must be able to obtain a license in the State of Florida prior to the Notice of Award. This paragraph does not in any way modify the City’s right to determine nonconforming, nonresponsive or incomplete bids, in its sole discretion, as otherwise defined in Article 14.

4.2 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within seven (7) calendar days after Bid Opening, information including, but not limited to, the qualifications submittals set forth in Article 16 of these Instructions to Bidders and evidence of authority to conduct business in the jurisdiction where the Project is located. Submittals requested pursuant to this paragraph shall be referred to as the Qualifications Submittals and are in addition to those required elsewhere.

4.3 Bidders will be evaluated with respect to having successfully completed projects of a similar size, nature and time frame.

4.4 The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidders to perform their obligations under the agreement and the Bidders shall furnish to the City all such information, clarification and data for this purpose as the City may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidders are qualified to properly carry out the terms of the Agreement.

Reference Article 16 for additional information.

4.5 The Bidder is required to identify the job superintendent, competent person, confined space coordinator and maintenance of traffic coordinator. Reference Articles 8 of the Agreement, Section 00500.

ARTICLE 5 – EXAMINATION OF BID DOCUMENTS AND SITE

5.1 Before submitting a Bid, it is the responsibility of each Bidder to: a) examine the Bid documents thoroughly, b) visit the site(s) to familiarize himself with the Work, locality, soil conditions, and all local weather and climate conditions and determine that no conditions exist that would in any manner affect the Bid price that the project can be completed for the Bid price submitted, c) totally familiarize himself with and understand and obligate himself to comply with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work, d) study and carefully correlate Bidder’s observations, reports and investigations with the Bid documents and e) promptly notify the Chief Procurement Officer of all conflicts, errors, ambiguities or discrepancies discovered in or between the Contract Documents and such other related documents.

5.2 Reference is made to the Supplementary Conditions, if any, for the identification of those reports of conditions at or contiguous to the site which may affect cost, progress or performance or the work, which have been relied upon in preparing the plans and specifications, including but not limited to investigations and tests for subsurface and latent physical conditions at the site. The City will make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid documents.

5.3 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, and data concerning conditions at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the Contract Documents.

5.4 On request, the City will provide each Bidder access to the site(s) to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.

5.5 The lands upon which the work is to be performed, right-of-way for access thereto and other lands designated for use by Contractor in performing the work are identified in the Supplementary Conditions or on the plans.

5.6 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given the Chief Procurement Officer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 - ADDENDA AND INTERPRETATIONS

6.1 Bidders shall promptly notify the Procurement Contact as listed in these Contract Documents of any ambiguity, inconsistency, or error, which they may discover upon examination of the Bid documents or the site.

6.2 All questions about the meaning or intent of the Bid documents shall be submitted to City’s Procurement Contact as listed in these Contract Documents in writing or via email. Questions received after the date indicated in Notice To Bidders but prior to the due date for Bids will not be answered. Bidder is responsible for verifying receipt of questions to Procurement contact. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Bidders in submitting their Bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. Replies considered necessary will be issued through Addenda to all parties recorded by the City’s Procurement Department as having received complete sets of Bid documents up to seventy-two (72) hours before Bid Opening time. Brief Addenda may be issued between seventy-two (72) hours and twenty-four (24) hours before Bid time to all parties recorded by the City’s Procurement Department as having received complete sets of Bid documents only. Addenda information will be posted online at the City of Palm Bay Web Page https://www.palmbayfl.gov/government/city-departments-f-to-z/procurement. Bidders are responsible to check this location for updates.

ARTICLE 7 – PREPARATION OF BID

7.1 The Bid Form is included in the Contract Documents. Additional copies may be obtained from the Office of the Chief Procurement Officer.

7.2 Bid Forms must be completed in one (1) electronic PDF submittal. All blank spaces must be filled in.

7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. If requested, the person signing a Bid for a corporation or partnership must produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. If the Bidder is a corporation, and if the Bid is executed by someone other than the president or vice president of the corporation, attach to the Bid a certified copy of corporate resolution of the board of directors of the corporation authorizing the person to execute the Bid on behalf of the corporation.

7.4 Bids by partnerships must be executed in the partnership name and signed by a partner. The partner’s title must appear under the signature and the official address of the partnership must be shown below the signature.

7.5 All names and titles must be typed or printed below signature.

7.6 The Bid shall contain an acknowledgment of receipt of all Addenda. (The numbers of each addendum shall be filled in on the Bid Form.)

7.7 The address to which communications regarding the Bid are to be directed must be shown.

ARTICLE 8 – MODIFICATION AND WITHDRAWAL OF BID

8.1 Bids may only 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 at any time prior to the deadline for submitting Bids. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so; and, in case signed by a deputy or subordinate, the principal’s proper written authority to such deputy or subordinate must accompany the request for withdrawal or modifications. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn, modified, or explained.

8.2 If within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the City and within forty-eight (48) hours thereafter demonstrates to the reasonable satisfaction of the City that: a) there has been a material and substantial mistake in the preparation of the Bid;

b) the mistake is of such great consequence that to enforce the Contact would be unconscionable;

and c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security will be returned provided that the City is not seriously prejudiced, except for the loss of its bargain.

ARTICLE 9 - SUBMISSION OF BID

9.1 Bids submitted before the time and at the place indicated in the Advertisement for Bid and shall be submitted electronically via the City of Palm Bay’s Bonfire platform.

The Bidder is responsible for ensuring the Bid is delivered to and received by the City prior to the stated closing time.

9.2 Each Bid must contain the following documents in completed form:

1) Checklist of Minimum Required Submittals

2) Bid Table (within Bonfire)

3) Bid Form (Section 00300)

4) Non-Collusion Affidavit of Prime Bidder (Section 00301)

5) Trench Safety Affidavit (Section 00302)

6) Drug Free Workplace Form (if applicable) (Section 00303)

7) Statement of Bidder’s Qualifications (Section 00305)

8) Notarized Letter of Maximum Bonding Capacity from Surety (See Section 00305)

9) Subcontractor Listing (Section 00306)

10) Bid Bond or other Security (with Power of Attorney if applicable) (Section 00400)

11) References

12) Human Trafficking

13) Certification Regarding Lobbying

14) Certification Regarding Debarment and Suspension

15) Proof of Marine Contractor (SCC) Licensure

9.3 More than one (1) Bid received for the same work from an individual, firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one (1) Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion will not be considered.

ARTICLE 10 – ACCEPTANCE OF CONDITIONS

10.1 Response to this bid indicates acceptance of conditions of the bid. Bidders shall list any exceptions to the general terms and conditions of the bid and to insurance requirements and any other requirements listed in the bid. Acknowledgement of all amendments issued to the bid shall be included in the bid.

Any Bidder’s listing of exceptions in its bid will in no way obligate the CITY at any time to change the conditions of its bid or Agreement. Exceptions may be unacceptable to the CITY and may be cause for rejection of a Bidder’s bid.

ARTICLE 11 – COSTS INCURRED IN RESPONDING

11.1 All costs directly or indirectly related to preparation of a response to this Invitation to bid, or information required to supplement and/or clarify the bid that may be required by the CITY, shall be the sole responsibility of and shall be borne by the Bidder(s).

11.2 Bidders waive any claim for liability against the CITY as to loss, injury and cost or expenses, which may be incurred as a consequence of responding to this Invitation to bid.

ARTICLE 12 – BID SECURITY

12.1 Bid Security shall be submitted and shall be made payable to City of Palm Bay, in an amount of not less than five percent (5%) of the Bid price and in the form of a certified or cashier’s check or a Bid Bond (Reference Section 00400) issued by a Surety meeting the requirements of Article 5 of the General Conditions as amended by the Supplementary Conditions. The Bid Bond shall be issued by a surety company who is licensed and holds a current certificate to conduct business in the State of Florida. Personal checks are not acceptable.

12.2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the agreement and furnished the required Construction Bonds, whereupon the Bid Security will be returned. If the successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver the agreement and furnish the required Bonds within fifteen (15) days of the Notice of Award, the City may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the ninety-first (91st) day after the Bid Opening. Bid Security of other Bidders will be returned approximately seven (7) days after the Bid Opening.

ARTICLE 13 - BIDS TO REMAIN OPEN

13.1 Bids shall remain open for delivery by the City of the Notice of Award for ninety (90) calendar days after the day of the Bid Opening, but City may, at its sole discretion, release any Bid and return the Bid Security prior to that date.

13.2 Extensions of time when Bids shall remain open beyond the ninety (90) day period may be made only by mutual agreement between City, the Successful Bidder, and the surety, if any, for the Successful Bidder.

ARTICLE 14 – AWARD OF CONTRACT

14.1 The City, in its sole discretion, reserves the right to reject any and all Bids, to waive any and all informalities and reserves the right to disregard all nonconforming, non-responsive or incomplete Bids. The City specifically reserves the absolute right to determine the seriousness of any Bidder’s failure to specifically conform to the requirements of the Bid document. Bidders cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any Bid. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of Addenda as prescribed. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Errors in the multiplication of unit prices by the number of units will be resolved in favor of the correct calculation.

14.2 If the Contract is to be awarded, it will be awarded on the basis of the most responsive, responsible, lowest "Total Bid." The City reserves the right to accept any or all additive or deductive alternates, in the City’s sole discretion, prior to the award of the Contract and to consider such alternates in determining the lowest “Total Bid.”

Any negotiated Contract that may result from this bid shall be inclusive of the entire effort required to provide the Work as described.

The CITY reserves the right to waive or amend any provisions, requirements or standards set out in this Invitation to bids if in the opinion of the CITY, any such waiver or amendment will not be detrimental to the CITY’s best interest. The CITY decision to waive or amend any provisions, requirements or standards shall not and cannot be used or serve as a basis or reason for other responders to challenge the CITY decision of the entity to which any contract is awarded.

14.3 The ability of a Bidder to obtain a Performance and Payment Bond shall not be regarded as the sole test of such Bidder's competency or responsibility. Nothing contained herein shall place a duty upon the City to reject Bids or award the Contract based upon anything other than the CITY’s sole discretion as described herein.

14.4 Relative to the award of Contract, the City may consider the qualifications and experience of Bidders, Subcontractors and other persons and organizations (including those who are to furnish the principal items of materials or equipment). The qualifications shall be submitted as provided in Articles 4 and 16 of these Instructions to Bidders. The City may conduct such investigations and require supplemental information or clarification as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder. The City reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to City's satisfaction.

14.5 A Contract for the Work will be extended when the award is made to the lowest responsible, responsive Bidder whose bid is most advantageous to the CITY. The Successful Bidder who is awarded the Contract will be required to perform the Work as a Prime Contractor. No assignment of the Contract will be allowed without written permission of the City.

14.6 The Successful Bidder shall submit, upon request of the City, documentation evidencing its capability to perform classes of work contemplated, and the necessary plant and sufficient capital to execute the work properly within the time specified. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may be considered by the City.

14.7 If the Contract is to be awarded, the City will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid Opening.

ARTICLE 15 – SIGNING OF AGREEMENT

15.1 When City gives a Notice of Award to the Successful Bidder, it will be accompanied electronically by unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days of receipt thereafter, Successful Bidder shall sign and electronically deliver counterparts of the Agreement to the City together with the documents required in Article 19. Within ten (10) days of receipt of the complete and properly executed submittals, City will deliver a fully signed counterpart to Bidder.

15.2 Failure by a Successful Bidder, to whom the Contract is awarded, to execute the Agreement or to furnish the required Bonds or insurance certificates and endorsements shall be just cause for the annulment of the award and the forfeiture of the Bid Security. A Successful Bidder who is awarded the Contract and fails to execute the Agreement or furnish the required Bonds or insurance certificates and endorsements within the period specified shall be liable to City for all damages resulting there from including increased project costs, reasonable engineer's and attorney's fees and costs, and engineer's and attorney's fees and costs on appeal. The Bid Security forfeited shall not be a limitation thereon.

15.3 Each Bidder submitting a Bid to the City, for the work contemplated by the documents on which Bid is based, shall execute and attach thereto an affidavit substantially in the form herein provided to the effect that the Bidder has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. Reference Section 00301 Non-collusion Affidavit of Prime Bidder.

ARTICLE 16 - QUALIFICATIONS SUBMITTALS

16.1 It is the intention of the City to award this Contract to a Bidder competent to perform and complete the Work in a satisfactory manner. Accordingly, City may require the apparent successful Bidder to submit, within seven (7) days after Bid Opening, information requested in Section 00305, Statement of Bidder’s Qualifications including, but not limited to, the following: a) evidence of Bidder's certification and license to perform the Work and services; b) experience with references;

c) financial statement; d) Preliminary Progress Schedule; and e) Preliminary Schedule of Values all as set forth below, to allow City to conduct qualifications investigations.

The experience and financial statement shall provide data additional to that information provided in the Bid Form pertaining to CONTRACTOR’S financial resources, adequacy of plant and equipment, manpower, organization, and prior experience with references and a list of all previous or on-going construction contracts over the last five (5) years. The City in its discretion may require any or all of the above listed information from any other Bidder.

16.2 The Preliminary Progress Schedule shall consist of a diagram which shows the order in which the top-ranked Bidder proposes to perform the work within the constraints and sequencing conditions set forth in the specifications and shall indicate starting and completion dates for key project milestones. Activities shall further identify significant submittals/approvals, major equipment deliveries, equipment testing, City's responsibilities, and those of affected utilities and other similarly involved third parties.

16.3 The Preliminary Schedule of Values shall consist of an itemization of the Bid by major structures or areas of work.

16.4 The Successful Bidder and surety company, if any, hereby agree that any delays within Bidder's control in the delivery of these Qualifications Submittals will require a written request by Bidder for an extension of the time during which the Bid shall remain open for the City's acceptance. Should City agree to such extension, Bidder will be required to comply with this Submittal Requirement within five (5) additional calendar days. At the City's option, failure by the apparent successful Bidder to deliver these Qualifications Submittals within the extended period will void evaluation of the Bid and will constitute proof that the Apparent Bidder has abandoned his Bid; his Bid Security shall be declared forfeited to the City and the Work shall be awarded to another Bidder.

16.5 If upon receipt and evaluation of the submittals the apparent successful Bidder does not pass the evaluations to City's satisfaction, City reserves the right to reject the Bid.

ARTICLE 17 - SUBCONTRACTORS

17.1 Each Bidder shall submit to the City a list of all Subcontractors and other persons and organizations proposed for the project, including those who are to furnish the principal items of material and equipment. This list shall include the name and address of the Subcontractor, person or organization, a description of the services, materials or equipment to be supplied, estimated time required for preparation and submittal of shop drawings, and estimated lead times required for the fabrication of any long lead items and concurrence thereof. Such list shall be accompanied by a statement of experience with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person or organization. If City or Engineer has a reasonable objection to any proposed Subcontractor, other person or organization, either may, before the Notice of Award, request the apparent successful Bidder provide an acceptable substitute. If the apparent successful Bidder declines to make any such substitution, the City may elect not to award the Contract to such Bidder.

17.2 The Contractor will submit a complete and accurate Subcontractor list, with their applicable licenses, no later than at the Preconstruction Meeting. Modifications to the Subcontractor list after that date requires approval by the Project Manager prior to making such modifications.

ARTICLE 18 – CONTRACT ASSIGNMENT

18.1 The…