2-ITB-SWE-26-09 Street Resurfacing Project Manual.pdf

Master Version – 12/14/2023

ITB-SWE-26-09 INVITATION TO BID 00000-1

PROJECT MANUAL

INVITATION TO BID

ITB-SWE-26-09

2026 Street Resurfacing

ISSUED: November 5, 2025 NON-MANDATORY PRE-BID MEETING: November 20, 2025 at 10:30

QUESTION DEADLINE: December 11, 2025 at 2:00 PM QUALIFICATIONS AND BID DUE DATE/TIME: December 18, 2025 at 2:00 PM

PURCHASING COORDINATOR PROJECT MANAGER

Thoff@palmcoastgov.com Tyler Gibson Thoff@palmcoastgov.com

Bidders are responsible for determining whether any addenda have been issued. All Addenda will be posted on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal).

Bidders must sign, date, and return all Addenda with their bid submittal. Addenda information will be posted on the City’s Procurement Portal Web Page. It is the sole responsibility of the Bidders to ensure that they obtain information related to Addenda.

Trade Secrets: Any Bidder responsive materials that qualify as “trade secrets” must be segregated and clearly labeled in order not to be considered Public Record.

It is vital that Bidders adhere to the City’s bidding procedures as outlined in these bid documents.

If you have any questions, please contact the Purchasing Coordinator listed above.

City of Palm Coast Budget and Procurement Office

160 Lake Avenue, Palm Coast, FL 32164 palmcoastgov.com/government/purchasing https://palmcoastgov.bonfirehub.com/portal http://www.palmcoastgov.com/government/purchasing

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TABLE OF CONTENTS

BIDDING DOCUMENTS, CONTRACT DOCUMENTS AND FORMS PAGE

Invitation to Bid ………………………………………………………………………… 00001-1 Instructions to Bidders …………………………………………………………………... 00010-1 Qualification Forms ……………………………………………………………………... 00100-1 Bid Forms ……………………………………………………………………………….. 00200-1 Notice of No Bid ………………………………………………………………………… 00300-1 Non-Collusion Affidavit of Subcontractor ……………………………………………… 00410-1 Draft Contract …………………………………………………………………………… 00500-1 Performance Bond ………………………………………………………………………. 00600-1 Payment Bond …………………………………………………………………………… 00610-1 Material and Workmanship Bond ……………………………………………………….. 00620-1 Contractor’s Insurance Requirements …………………………………………………… 00700-1 General Conditions ……………………………………………………………………… 00800-1 Notice to Award …………………………………………………………………………. 00841-1 Notice to Proceed ………………………………………………………………………... 00842-1 Change Order Form ……………………………………………………………………... 00843-1 Application and Certificate for Progress Payment ………………………………………. 00844-1 Certificate of Substantial Completion …………………………………………………… 00848-1 Certificate of Final Inspection & Completion …………………………………………... 00849-1 Contractor’s Waiver and Release of Lien upon Progress Payment …………………… 00850-1 Contractor’s Waiver and Release of Lien upon Final Payment ……………………….. 00851-1 Contractor’s Request for Information …………………………………………………... 00852-1 Hydrostatic Test Results ………………………………………………………………… 00853-1 Work Change Directive …………………………………………………………………. 00854-1 Field Order ………………………………………………………………………………. 00855-1 Subcontractor/Vendor’s Waiver & Release of Lien upon Final Payment………………. 00860-1 Consent of Surety to Final Payment …………………………………………………….. 00861-1 Check Out Form …………………………………………………………………………. 00865-1 Certificate of Completed Demonstration Form …………………………………………. 00866-1 Supplementary Conditions ………………………………………………………………. 00900-1 Additional Supplemental Terms and Conditions ………………………………………... 00901-1 Technical Specifications Appendix A Drawings ……………………………………….. 01000-1

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DIVISION 1 – GENERAL REQUIREMENTS PAGE

Summary of Work ………………………………………………………………………… 01010-1 Measurement and Payment ………………………………………………………………... 01025-1 Application for Payment …………………………………………………………………... 01027-1 Field Engineering …………………………………………………………………………. 01050-1 Permits and Fees …………………………………………………………………………... 01065-1 Codes, References and Abbreviations …………………………………………………….. 01070-1 Special Project Procedures ………………………………………………………………... 01100-1 Administrative Requirements ……………………………………………………………... 01310-1 Color Video – Audio Pre Construction Recorded ………………………………………… 01390-1 Quality Control ……………………………………………………………………………. 01400-1 Temporary Facilities and Controls ………………………………………………………... 01500-1 Erosion and Sedimentation Control ……………………………………………………….. 01568-1 Traffic Regulation ………………………………………………………………………… 01570-1 Material and Equipment …………………………………………………………………... 01600-1 Product Selection and Substitution Procedures …………………………………………… 01640-1 Start-Up …………………………………………………………………………………… 01650-1 Contract Closeout …………………………………………………………………………. 01700-1 Project Record Documents ………………………………………………………………... 01720-1 Operation and Maintenance Data …………………………………………………………. 01730-1 Warranties and Bonds …………………………………………………………………….. 01740-1

DIVISION 2 – TECHNICAL SPECIFICATIONS

Selective Demolition.. ………… ………………………………………..…….…………. 02220-1 Clearing, Grubbing, and Stripping ………… ………………………………………..…… 02230-1 Dewatering (During Construction)…………….………………………………………..… 02240-1 Earthwork……. …………………………………………………………………….……. 02300-1 Site Grading……………. ………………………………………………………………... 02310-1 Excavating, Backfilling, and Compacting…………………………………………………. 02315-1 Directional Drilling… …………………………………………………………………….. 02446-1 Manholes…………… …………………………………………………………………….. 02536-1 Removal and Replacement of Manholes………………………………………………….. 02537-1 Reinforced Concrete Pipe for Gravity Service…………………………………………….. 02611-1 Pavement Removal and Replacement…………………………………………………….. 02700-1 Sodding..…………… …………………………………………………………………….. 02938-1

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DIVISION 15 – TECHNICAL SPECIFICATIONS

Mechanical – General Requirements….…………………………………………………... 15000-1 Pressure Testing of Piping……….. ………… …………………………………………… 15044-1 High Density Polyethylene (HDPE) Pipe and Fittings……….…………………………… 15061-1 Ductile Iron Pipe …………………………………………………………………………. 15062-1 PVC Pipe and Fittings – Raw Water Mains …..…………………………………………... 15063-1 PVC Pipe and Fittings – Potable Water Mains……………………………………………. 15064-1 PVC Pipe and Fittings – Sewage Force Mains…………………………………………….. 15065-1 Valves and Specialties – General………………………………………………………….. 15100-1 Gate Valves and Appurtenances……………..…………………………………………….. 15101-1 Plug Valves and Appurtenances……………..…………………………………………….. 15102-1 Piping Specialties………………………………………………………………………….. 15120-1 Air Release and Vacuum Relief Vales…………………………………………………….. 15122-1 Flexible Connectors……………………………………………………………………….. 15129-1 Identification Tape for Buried Pipe……………………………………………………….. 15200-1

Appendices

Appendix “A”…......... City of Palm Coast Forms

Appendix “B”…………. Paving Quantities Appendix “C”…………. Striping Quantities Appendix “D”…………. Project Description and General Conditions Appendix “E”………….. Roundabout Striping Details Appendix “F”………….. Uneven Lane Treatment

ITB-SWE-26-09 INVITATION TO BID 00001-1

CITY OF PALM COAST

INVITATION TO BID

ITB-SWE-26-09

2026 STREET RESURFACING

SCOPE OF SERVICES: The City of Palm Coast intends to request bids for Milling & Resurfacing of the arterial roadway Palm Coast Pkwy. from I-95 east to the Hammock Dunes Toll Bridge. To include the side streets in between Palm Coast Pkwy. WB & Palm Coast Pkwy EB. Listed as;

Harbor Center Way, Florida Park Dr., Clubhouse Dr., Colbert Ln. & Fairways Cir. This will include milling 1.5 inches of asphalt and replacing with 1.5 inches of asphalt to include, striping and utility valve/ manhole adjustments. Arterial roadway work may include areas of base repair, utilizing deep milling up to 8 inches and replacement of base material with asphalt. This will also include the extension of two turn lanes. ALL PAVING OPERATIONS TO BE PERFORMED DURING NIGHT TIME HOURS, BETWEEN 8:00PM & 7:00AM.

CONTRACT TIME: Total construction time to achieve Substantial Completion on both sites is one hundred twenty (120) consecutive calendar days from the date of the “Notice to Proceed,” with an additional thirty (30) consecutive calendar days to achieve Final Completion.

DOCUMENT, AVAILABILITY, SUBMISSION, OTHER INFORMATION: Bid documents are available at no-cost through the City’s Procurement Portal at (https://palmcoastgov.bonfirehub.com/portal). Bid submittals shall be received electronically through the City’s Procurement Portal by the specified time and date. No other method of submission will be allowed or considered (i.e. mailed, emailed, or hand delivered).

CONTACT: All prospective Bidders are hereby instructed not to contact any member of the City of Palm Coast City Council, City Manager, or City of Palm Coast staff members other than the noted contact person(s) regarding this bid/request at any time prior to the bid/request having been formally presented to, and voted on by, the City Council. Any such contact shall be cause for rejection of your bid/request submittal.

QUESTIONS: Any questions concerning the intent, meaning and interpretations of the bid documents including the draft agreement, shall be requested in writing through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) at least seven (7) calendar days prior to the due date.

ADDENDA: Should revisions to the bid documents become necessary; the City shall post addenda information on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal). All Bidders should check the City’s Procurement Portal Web Page at least three (3) calendar days before the date fixed to verify information regarding Addenda. Bidder shall sign, date, and return all addenda with their bid submittal. Failure to do so shall result in rejection of the bid submittal as unresponsive.

BID SECURITY/BID BOND: A Bid Bond shall accompany each Bid if the Bid amount is one-hundred thousand dollars ($100,000) or greater.

The Bid Bond shall be for an amount not less than five percent (5%) of the Bid price and shall be made payable to the City as a guarantee that the Bidder will not withdraw his/her Bid for a period of one hundred twenty (120) days after the Bid closing time.

PERFORMANCE, PAYMENT, & MATERIAL AND WORKMANSHIP BONDS: In the event the Contract is awarded to the Successful Bidder and will enter into a written Agreement with the City and furnish a Payment Bond and Performance Bond in an amount equal to the Contract Price. The Material and Workmanship Bond shall be in an amount equal to ten percent (10%) of the Contract Price as adjusted on the Final Application for Payment. The Bidder will forfeit their Bid Security if they fail to do so. All Bonds shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida.

AWARD OF CONTRACT: All submittals will be evaluated by City staff in accordance with the criteria set forth in the bid documents. The City reserves the right to reject all bids/submittals, and to solicit and re-advertise for new bids, or to abandon the project in its entirety at any time during the process including, but not limited to, after the Notice of Intent to Award. Pursuant to Florida Statutes § 287.05701, the City will not will not give preference to or request documentation of or consider a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

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NON-MANDATORY PRE-BID MEETING: November 20, 2025 at 10:30 AM

QUESTION DEADLINE: December 11, 2025 at 2:00 PM

QUALIFICATIONS AND BID DEADLINE: December 18, 2025 at 2:00 PM

PUBLIC OPENING: The public opening shall take place December 18, 2025 at 2:00 PM, or shortly thereafter, at the City of Palm Coast City Hall, located at 160 Lake Avenue, Palm Coast, FL 32164.

ADA INFORMATION: Persons with disabilities needing assistance to participate in any of the proceedings should contact the Human Resources Office ADA Coordinator at 386-986-2570 at least forty-eight (48) hours in advance of the public opening, pre-bid meeting, or any other proceeding related to this bid.

FOR PUBLICATION ON WEDNESDAY, November 5, 2025

CITY OF PALM COAST

BUDGET AND PROCUREMENT OFFICE

160 LAKE AVENUE, PALM COAST, FL 32164

www.palmcoastgov.com

(386) 986-3730 http://www.palmcoastgov.com/

ITB-SWE-26-09 INSTRUCTION TO BIDDERS 00010-1

SECTION 00010

INSTRUCTIONS TO BIDDERS

SECTION 1: DEFINED TERMS

1.1 Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the General Conditions.

SECTION 2: COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bid Documents may be obtained from the City’s procurement portal at

(https://palmcoastgov.bonfirehub.com/portal).

SECTION 3: REQUIRED LICENSCES/PRE-QUALIFICATION OF BIDDERS

3.1 All bidders are required to be currently pre-qualified with the FDOT Major Classes of Work required for this project. The documentation required to be submitted with the sealed Bids shall include qualifying documentation from FDOT for the work types shown below.

The major classes of work, with their code numbers (Rule 14-22.003(3)(b), Florida Administrative Code) are as follow:

7. Drainage

10. Flexible Paving

40. Other Work Class

• Milling

SECTION 4: EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 Before submitting a Bid, each Bidder shall: (a) examine the Bid Documents; (b) visit the Site to become familiar with local conditions; (c) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies; and if applicable, (d) contact all utilities and others who may be working at the Site, including City owned utilities, prior to submitting a Bid in order to determine the extent to which utility installations, utility relocations or adjustments (temporary and permanent) will impact the Bidder's responsibility to schedule, coordinate and sequence the Bidder's Work with the work of the City, utility work, and the work of others at the Site.

4.2 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional investigations, examinations, explorations and tests and obtain any additional information which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price and other terms and conditions of the Bid Documents. Bidder acknowledges that the Project and the Bidder's Work involves significant utility installations and that utility relocation (temporary and permanent) may be significant and require time to accomplish. Some utility facilities may need to be relocated and adjusted concurrently with the Bidder's Work, while some Work may be required above, adjacent to, and around utility facilities that are in-use and will remain in place.

4.3 At all points where the Work to be constructed by Bidder may connect to existing utilities and services, the actual Work of making the necessary connection to the existing service or utility shall be arranged and paid for by the Bidder and should be included as part of the Bid. Services and utilities included within (but not limited to) this responsibility are roads, ditches, electrical, sewer, mechanical utilities, water, fencing, etc.

4.4 On request, City will attempt to provide each Bidder reasonable access to the Site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. If access is provided, Bidder shall restore Site to condition existing prior to conducting the investigations and tests.

4.5 The lands upon which the Work is to be performed, Rights-of-Way for access thereto and other lands designated for use by Bidder in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of Materials and Equipment shall be provided by Bidder at Bidder’s expense.

SECTION 5: INTERPRETATIONS/ADDENDA

5.1 Any ambiguities or inconsistencies in the Bid Documents shall be brought to the attention of the City’s Budget & Procurement Office prior to the due date through the City’s Procurement Portal (https://palmcoastgov.bonfirehub.com/portal). Failure to do so, will constitute an acceptance by the Bidder of any subsequent award decision. Bidder shall submit any questions concerning the accuracy, completeness, intent, meaning and interpretations of the Bid Documents, including the sample Contract, or suggestions for Addenda to the Bid Documents, through the City’s Procurement Portal (https://palmcoastgov.bonfirehub.com/portal) at least seven (7) calendar days prior to the Bid due date. Neither City nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of Bid Documents, whether complete or incomplete.

https://palmcoastgov.bonfirehub.com/portal

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Bidders should not rely on any oral statement or instructions made with regard to these Bid Documents. Any oral statements or instructions will not be binding on the City.

5.2 Should revisions to the Bid Documents become necessary, the City shall post Addenda information on the City’s Procurement Portal

(https://palmcoastgov.bonfirehub.com/portal). Bidders are advised to check the City’s Procurement Portal at least three (3) calendar days before both the Qualifications Due Date and the Bid Deadline as outlined in the Invitation to Bid or as dates are otherwise modified, to verify information regarding Addenda. The City reserves the option to extend the due date (Qualifications and Bid Deadline) at any time. It is the sole responsibility of the Bidder to obtain information related to Addenda and to insure that the Bid considers all changes to the Bid Documents. The Bidder shall sign, date, and return all Addenda with the Bid prior to the Qualifications and Bid Deadline. Failure to do so shall result in immediate rejection and disqualification of the Bid.

SECTION 6: VALUE ENGINEERING INCENTIVE

6.1 No value engineering will be considered until after award of Contract.

SECTION 7: PREPARATION COSTS AND SUBMISSION OF BIDS (ONE-STEP PROCESS)

7.1 Expenses. The City shall not be liable for any expenses incurred in connection with preparation of a Bid. Bidders should prepare their Bids simply and economically, providing a straightforward and concise description of the Bidder’s ability to meet the requirements of these Bid Documents.

7.2 Permits. Unless expressly stated in the Bid Documents, all permits and fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs. Adherence to all applicable federal, state and local laws, ordinance, rules, regulations and policies are the responsibility of the Bidder.

7.3 Taxes. The City is not subject to Florida Sales and Use Tax; the City’s exemption does not extend to any Bidder as a result of construction of any City owned facility. The Bidder is cautioned to include costs related to Florida Sales and Use Tax in the Bid. The Bidder agrees to participate in any program of the City that will result in savings to the City.

7.4 Warranty Against Fraud and Collusion By submitting a Bid in response to this Invitation to Bid, each Bidder warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this business and the resulting Contract, and that the Bidder has not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the resulting Contract. For the breach or violation of this provision, the City shall have the right to disqualify the Bid and terminate the Contract at its sole discretion, without liability, and to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. Further, by submission of a Bid, Bidder affirms that its Bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a Bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Bidder agrees to abide by all conditions of these Bid Documents and the resulting contract.

7.5 One-Step Submission. Qualification Forms, Bid Security, Bid Forms, and Addenda must be submitted at one time.

STEP 1: Section 00100 “Qualification Forms Package”

• Section 00100 – Qualification Forms o Bidder Profile Sheet o Qualification Form A Certificate of Authorized Signatory o Qualification Form B Questionnaire o Qualification Form C Financial Statements o Qualification Form D Experience of Bidder o Qualification Form E Equipment List o Qualification Form F List of Proposed Subcontractors/Shop Fabricators o Qualification Form G Certification of Non-Segregated Facilities o Qualification Form H Qualification Forms Package Compliance Certification o Qualification Form I – E-Verify Registration and Use Affidavit o Qualification Form J Local Preference o Qualification Form K Foreign Country of Concern Attestation

Bid Security, Section 00200 “Bid Forms Package”, and Addenda

• Bid Security- A Bond shall accompany each Bid if the Bid amount is one-hundred thousand dollars ($100,000) or greater. The Bond shall be for an amount not less than five percent (5%) of the bid price/cost and shall be made payable to the City as a guarantee that the Bid will not be withdrawn and will remain firm for a period of one hundred twenty (120) calendar days after the day of the Bid opening and that the Bidder will execute the Contract with the City.

• Addenda - All Addenda.

• Section 00200 – Bid Forms o Bidder Bid Form o Bid Form A Lump Sum or Lump Sum Grand Total Bid Schedule o Bid Form B Direct Purchase of Materials

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o Bid Form C Certification Regarding Debarment o Bid Form D Trench Safety Act o Bid Form E Non-Collusion Affidavit of Bidder o Bid Form F Bid Forms Package Compliance Certification

7.6 All Addenda, proof of Bid Security and Required Forms shall be completed, signed, dated, and returned to be considered responsive and shall be received electronically through the City’s Procurement Portal by the specified time and date. No other method of submission will be allowed or considered (i.e. mailed, emailed, or hand delivered).

7.7 Use of City’s Procurement Portal. Upload all submissions to https://palmcoastgov.bonfirehub.com/opportunities/188611 Important Notes:

• Please note the type and number of files allowed. The maximum allowed file size is 1000MB.

• Do not embed any documents within the uploaded files, as they will not be accessible for evaluation.

• Each item of Requested Information will only be visible after the Closing Time.

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

SECTION 8: QUALIFICATION

8.1 Bidder shall sign, date and return all Addenda. Failure to do so will result in immediate rejection and disqualification of the Bid.

8.2 Bidder shall complete the Qualification Form Package. Failure to provide complete responses to the Qualification Forms Package will result in disqualification of the Bidder. Notwithstanding, if any Qualification Form is missing or determined by City to be incomplete, the City has the option, at City’s sole discretion, to immediately reject the Bid, or to request the missing or incomplete form. Upon such request by City, Bidder shall have one (1) business day to respond with the completed form. Failure to do so within the time frame provided shall result in rejection and disqualification of the Bid. Compliance with all requirements will be solely the responsibility of the Bidder. By submitting a response, the Bidder warrants that its responses to the Qualification Forms Package are correct.

8.3 Qualification Forms responses shall be reviewed by a City Staff Evaluation Committee to determine which Bidders are Pre-Qualified.

8.4 For the duration of the Work, Bidder's, both corporate and individual, and all subcontractors, must be fully licensed and certified for the type of work performed.

8.5 City may consider the qualifications and experience of Subcontractors and other persons and organizations (including, but not limited to, those who are to furnish the principal items of Material or Equipment) proposed for those portions of the Work. Operating costs, maintenance, considerations, performance data and guarantees of Materials and Equipment may also be considered by City.

8.6 City may conduct such investigations and require supplemental information as it deems necessary to assist in the Pre-Qualification evaluation and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors, proposed Equipment and Material suppliers, and other persons and organizations to do the Work in accordance with the Bid Documents to City’s satisfaction.

8.7 The City reserves the right to reject any Bidder who is behind, as determined by the City, on the completion schedule for any existing Contracts with the City, in litigation with the City, involved in any dispute resolution procedure with the City, has previously defaulted on a contract with the City or has previously failed to satisfy all City requirements related to life safety, including, but not limited to, the maintenance of traffic provisions on existing or previous contracts with the City.

https://palmcoastgov.bonfirehub.com/opportunities/

ITB-SWE-26-09 INSTRUCTION TO BIDDER 00010-4

8.8 Any of the following causes may also be considered sufficient grounds for disqualification of a Bidder as Non-Responsible:

(1) Information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect

(2) Bidders, both corporate and individual, who are not licensed and certified in the State of Florida for the type of services to be provided.

(3) Evidence establishing that Bidder may hinder or otherwise delay from timely completion of the Project.

(4) Lack of demonstrated ability, resources, and skill of the Bidder.

(5) Lack of demonstrated experience working in a similar capacity to that required by the scope of work in these Bid Documents on projects of similar scope, complexity, nature and size.

(6) Lack of quality performance under previous projects for the City of Palm Coast or for any other customer of Bidder.

(7) Previous and existing non-compliance by the Bidder with City’s policies and procedures, or the life safety requirements and other laws, ordinances and regulations.

(8) Lack of demonstrated Quality Control Program.

(9) Contract disputes, claims and litigation filed by or against Bidder in the past five (5) years that are related to the services Bidder provides in the regular course of business.

(10) Reprimand of any nature or suspension by the Department of Business and Professional Regulation (DBPR) or any other regulatory agency or professional association within the last five (5) years.

(11) Non-compliance with the requirements of these “Instructions to Bidders” including, but not limited to, failure to sign, date and return all Addenda.

SECTION 9: BID FORMS

9.1 Bidder shall sign, date and return all remaining Addenda before the Bid Deadline. Failure to do so will result in immediate rejection and disqualification of the Bid.

9.2 Bidder shall complete all Bid Forms Package. Failure to provide complete responses will result in disqualification of the Bid. Failure to provide a complete response to the Bidder Bid Form, Bid Form A (Bid Schedule), and Bid Form F (Compliance Certification) shall result in immediate disqualification of the Bid. Notwithstanding, if any other Bid Form Package form is missing or determined by City to be incomplete, the City has the option, at City’s sole discretion, to immediately reject the Bid, or to request the missing or incomplete form. Upon such request by City, Bidder shall have one (1) business day to respond with the completed form. Failure to do so within the time frame provided shall result in rejection and disqualification of the Bid. Compliance with all requirements will be solely the responsibility of the Bidder. By submitting a response, the Bidder warrants that its Bid is correct.

9.3 Bidders may withdraw their Bid through the City’s Procurement Portal prior to the time and date set for the Bid due date. Once opened, Bids become the property of the City. Bidders may not assign or otherwise transfer their Bids prior to or after the bid opening time.

SECTION 10: BID OPENING AND EVALUATION OF BIDS

10.1 At the specified time and place as indicated in the "Invitation to Bid," Bids shall be opened publicly and read aloud. Persons with disabilities needing assistance to participate in the public opening should contact the City Human Resource Office ADA Coordinator at 386-986-2570 at least two business days in advance of the public opening.

10.2 All Bids shall remain firm for a minimum of one hundred and twenty (120) calendar days after the day of the Bid opening to allow for the evaluation, selection process and execution of the Contract. If need be, the Bidder and the City may mutually agree to extend that time up to an additional ninety (90) calendar days.

10.3 The City reserves the right to reject any or all Bids, or any part of a Bid for any reason and without penalty at any time during the process, including prior to or after the rankings are made by the City, and to terminate any contract negotiations commenced with any Bidder. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. The City reserves the right to waive or enforce any irregularities, informalities, and technicalities. This section shall be construed liberally to benefit the public and not the Bidder.

10.4 If during the evaluation process, should City require additional information, data, forms, and attachments to assist with clarification on any proposal, upon City request, the Bidder shall have one (1) day to supply the additional information. If the additional information is not provided within the time frame provided herein, the bid will be disqualified. In the event of extension or addition error(s), the unit price and extension will prevail, and the Bidder’s total offer will be corrected accordingly. For lump sum Bids with no unit price extensions, written amounts take precedence over numerical amounts. Bids having edits must be initialed by the Bidder.

10.5 If within one (1) business day after Bids are opened, any Bidder files a duly signed written notice with City, and within two (2) business days 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 Contract 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. Bidders shall not be allowed to correct a Bid with a material and substantial mistake. A Bidder withdrawing its Bid under this subsection shall be disqualified from further bidding on the Work.

ITB-SWE-26-09 INSTRUCTION TO BIDDER 00010-5

10.6 Any of the following criteria may also be considered as sufficient grounds for deeming the Bidder non-responsive and rejecting the Bid:

(1) Submission of more than one (1) Bid for the same work by any entity under the same or different names.

(2) Work by any entity under the same or different names.

(3) Evidence of collusion among Bidders.

(4) Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid.

(5) Bidder’s failure to submit missing Required Forms within one (1) business day following the date of the City’s request.

(6) Falsification of any entry made on the Bid shall be deemed a material irregularity.

(7) Non-compliance with the requirements of these “Instructions to Bidders”.

10.7 The City has a Local Business Preference Policy, see Section 2-30 of the City of Palm Coast Code of Ordinance, designed to aid Local Vendors.

The Policy allows Local Vendors (defined below) to be awarded a solicitation if their cost to the City is within 3% - 5% (depending on amount) up to total of $20,000 (see calculation below). The City’s Local Business Preference is not applicable to any “Invitations to Bid” where funding will be in whole or part from any federal or state agency; or a local agency with differing or no local preference.

(1) Local Vendor – For purposes of application of the Local Business Preference, a Local Vendor is a businesses that has its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of the City of Palm Coast for at least one (1) year immediately prior to this ITB. If the local business preference does not result in the Palm Coast business being awarded the ITB, then the local business preference shall be given to businesses have its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of Flagler County for at least one (1) year immediately prior to the ITB. Post office boxes do not qualify as a verifiable business address.

(2) Calculation of Amount of Preference - Five percent (5%) of the total quoted price up to $200,000.00 as referenced on the price schedule. Three percent (3%) of the total quoted price above $200,000.00 as referenced on the price schedule. Total local business preference shall be limited to $20,000.00 for each project.

10.8 Notice of Intent to Award will be posted on the City’s Procurement Portal (https://palmcoastgov.bonfirehub.com/portal) prior to City’s final approval process.

SECTION 11: BID PROTESTS

11.1 Protests hereunder shall be in accordance with City Code of Ordinances Chapter 2, Article 1, Division 3, Section 2-29 Bid Protest Procedures which can be found at the City’s website Under Government, City Codes and Ordinances, or by clicking on this Bid Protest Procedures Link.

SECTION 12: AWARD OF CONTRACT

12.1 Contract Award shall be based on the lowest responsive and responsible bid. Pursuant to Florida Statutes § 287.05701, the City will not will not give preference to or request documentation of or consider a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.”

12.2 The Contract will be awarded as soon as possible or within one hundred twenty (120) calendar days from the Bid opening date in accordance with award criteria. If the Bid Form indicates a base bid and additive or deductive alternates, the low combination of base bid and City determined accepted alternates shall be considered for the basis of award. The City reserves the right to accept or reject the base bid, any alternate bids, or any combination thereof at any time in the process.

12.3 If not already registered as a vendor with the City of Palm Coast, Bidder shall, within three (3) business days of receipt of Contract, register online at: https://www.palmcoastgov.com/vendor-registration.

SECTION 13: SIGNING OF CONTRACT/BONDS AND INSURANCE

13.1 Within fifteen (15) calendar days of receipt of Contract, the successful Bidder shall electronically execute the Contract.

13.2 The Bid Documents set forth City’s requirements as to Bonds and Insurance. When the successful Bidder submits the executed Contract, it shall be accompanied by copies of the required Bonds and insurance certificates. Attorneys-in-fact who sign Bid Bonds, Performance Bonds, Payment Bonds and Material and Workmanship Bonds must file with such Bonds a certified copy of their power-of-attorney to sign the Bonds.

13.3 The successful Bidder shall record the Performance Bond and Payment Bond with the Clerk of Flagler County and shall submit the original recorded Bonds to City within fifteen (15) calendar days after Bidder receives a copy of the fully executed Contract. In no event shall Work commence before City is in receipt of the original recorded Bonds.

13.4 Failure by a successful Bidder to execute the Contract or to furnish the required Bonds or insurance certificates shall be just cause for the annulment of the award and the forfeiture of the Bid Security.

END OF SECTION

https://library.municode.com/fl/palm_coast/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD

ITB-SWE-26-09 QUALIFICATION FORMS PACKAGE 00100-1

SECTION 00100

QUALIFICATION FORMS PACKAGE

Project Name: 2026 STREET RESURFACING

City Project No.: ITB-SWE-26-09

BIDDER PROFILE SHEET

Full Legal Name of Bidder Organization:________________________________________________________

DBA (if any): ______________________________________________________________________________

Contact Name ____________________________________________________________________________

E-mail Address: _______________________________ Phone Number_______________________________

Mailing Address: __________________________________________________________________________

Physical Address (if different): _______________________________________________________________

Florida Contractor License Number:___________________________________________________________

Florida License Expiration Date: ______________________________________________________________

Florida Dept of State, Division of Corp (SunBiz) Document Number:_____________________________

List of Attachments to be completed and returned with the Bidder Profile Sheet:

• ATTACHMENT A: CERTIFICATION OF AUTHORIZED SIGNATORY

• ATTACHMENT B: QUESTIONNAIRE

• ATTACHMENT C: FINANCIAL STATEMENTS

• ATTACHMENT D: EXPERIENCE OF BIDDER

• ATTACHMENT E: EQUIPMENT LIST

• ATTACHMENT F: LIST OF PROPOSED SUBCONTRACTORS/SHOP FABRICATORS

• ATTACHMENT G: CERTIFICATE OF NON-SEGREGATED FACILITIES

• ATTACHMENT H: QUALIFICATION FORMS PACKAGE COMPLIANCE CERTIFICATION

• ATTACHMENT I: E-VERIFY REGISTRATION AND USE AFFIDAVIT

• ATTACHMENT J: LOCAL PREFERENCE

• ATTACHMENT K: FOREIGN COUNTRY OF CONCERN ATTESTATION

Addenda Reminder Addenda will be posted on the City’s Procurement Portal at: https://palmcoastgov.bonfirehub.com/portal. Bidders MUST sign, date, and return all Addenda in accordance with the Instructions to Bidders. It is Bidder’s sole responsibility to obtain information related to Addenda.

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-2

QUALIFICATION FORM A

CERTIFICATION OF AUTHORIZED SIGNATORY

Print/Type Legal Business Name (same as name on W-9 form)

Print/Type FEIN #

Check the legal entity type that is applicable to the above named business:

• Sole Proprietorship – Complete Section A

• General or Limited Partnership – Complete Section B

• Corporation (Inc. , LLC) Complete Section C

SECTION A: SOLE PROPRIETORSHIP

I HEREBY CERTIFY that I am the sole owner of the business identified above and am authorized to sign legal documents on behalf of said business.

Signature:

Print name:

SECTION B: PARTNERSHIP

I HEREBY CERTIFY that I am a General Partner of the business identified above and am authorized to sign legal documents on behalf of said business.

Signature:

Print name:

SECTION C – CORPORATION

I HEREBY CERTIFY that a meeting of the Board of Directors of

Legal business name a corporation /LLC under the laws of the State of ___________________, was held on _____________20___. The following resolution was duly passed and adopted:

“RESOLVED, that _________________________________________ is an officer and director of the corporation (or the managing member of the LLC) and is hereby authorized to execute contracts between the City of Palm Coast, a municipal corporation and this corporation/LLC, and that execution thereof by said officer and director, attested by the Secretary of the corporation/LLC, shall be the official act and deed of this corporation/LLC.”

I FURTHER CERTIFY that said resolution is now in full force and effect.

IN WITNESS THEREOF, I have hereunto set my hand this ____ day of _________________, 20___.

Provide copy of Resolution

Corporate Secretary/Managing Member

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-3

QUALIFICATION FORM B

QUESTIONNAIRE

Instructions: Complete each question below. Include additional sheets if necessary.

1. Full Legal Name of Bidder Organization: ______________________________________________________________

2. How many years has your organization been in business as a General Contractor? ______________

3. How many years has your organization been in business as a Subcontractor? __________________

4. What is your organization’s current Experience Modification # ________________

5. How many full time permanent employees does your company have? _______________________

6. Name of Superintendent and length of time with your company? _____________________________________________

7. Have you ever failed, or been alleged to have failed, to complete work awarded to you? If so, where and why?

8. Have you ever failed, or been alleged to have failed, to complete work within the Contract Time? If so, where and why?

9. Have you ever been assessed liquidated damages, or had liquidated damages assessed against you? If so, where and why?

10. Have you ever had your bonding restricted or limited? If yes, provide explanation._____________________________________________

11. Have you ever had a Bond or letter of credit called by the owner of a project? If so, when?

12. Have you inspected the site of the proposed Work? Describe, in full, any anticipated problems with the Site and your proposed solutions? _______________________________________________________________________________________________________

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-4

13. Has Bidder been involved in litigation, claim(s), or contract dispute(s) filed by or against the Bidder in the past five (5) years that are related to the services the Bidder provides in the regular course of business? If yes, provide a summary of the litigation, claim(s), or contract dispute(s) filed by or against the Bidder in the past five (5) years that are related to the services the Bidder provides in the regular course of business.

The summary shall state the nature of the litigation, claim or contract dispute, a brief description of the case, the outcome or projected outcome, and monetary amounts involved.

14. Has Bidder been sanctioned by any regulatory or licensing agency with the past five (5) years. If yes, provide a list the regulatory and licensing agency sanctions._____________________________________________________________________________________________

15. Please provide all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this State or any other state of the United States against (i) the Bidder, (ii) any business entity related to or affiliated with the Bidder or (iii) any present or former owner of the Bidder or of any such related or affiliated entity. (This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns twenty percent (20%) or less of the outstanding shares of the Bidder whose stock is publicly owned and traded.) If none, indicate “NONE”.

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-5

QUALIFICATION FORM C

FINANCIAL STATEMENTS

This information will be kept confidential and will NOT be made available to the public.

NAME OF BIDDER: ___________________________________________________________________

Please attach a copy of your most recent financial statements. Financial statements “audited” by an independent certified public accountant are preferred over documents that are “reviewed” by an independent certified public accountant. Documents “reviewed” by an independent certified public accountant are preferred over “compilations”. Internal financial statements are not acceptable. The financial information will be reviewed by a member(s) of the City’s finance department.

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-6

QUALIFICATION FORM D

EXPERIENCE OF BIDDER

NAME OF BIDDER ___________________________________________________________________________________________

1. How many active projects are you working on? _____________ Approximate dollar value total $__________________

2. In order of most recent/current to oldest, please provide the following information regarding experience within the past five (5) years in this particular scope of work. List ONLY projects of similar scope, complexity, nature and size. Please attach any pictures or other documentation supporting the project description. Use additional sheets if necessary.

REFERENCES CANNOT INCLUDE CURRENT CITY EMPLOYEES. FAILURE TO MEET THIS

REQUIREMENT MAY RESULT IN DISQUALIFICATION AND YOUR SUBMISSION DEEMED

NON-RESPONSIVE.

Project Name:

Date of Contract Client’s Name Contract Amount $

Notice to Proceed Date End Date/Current Client’s Phone Client’s Email

Project Location:

SHORT DESCRIPTION OF PROJECT :

Describe any challenges meeting project schedule:

SHORT DESCRIPTION OF PROJECT:

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-7

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-8

QUALIFICATION FORM E

EQUIPMENT LIST

NAME OF BIDDER _______________________________________________

List all Equipment available to perform the Work. Identify whether it is owned, rented or is to be purchased by Bidder.

Type of Equipment Make Model Status- (O) Owner, (R) Rented, or (TBP) To Be

Purchased

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-9

QUALIFICATION FORM F

LIST OF PROPOSED SUBCONTRACTORS/SHOP FABRICATORS

Bidder acknowledges and agrees that it must perform at least _______ % of the total work as measured by cost (Equipment and labor) within its own organization and excluding Material costs. Failure to perform the required percentage of Work shall constitute a material breach of the Contract.

Bidder expressly agrees that:

If awarded the Bid, list below by category the Subcontractors and/or shop fabricators to be used in the prosecution of the Work and whose value of work shall be at least 10% of the primary contract value. Only one (1) subcontractor and/or shop fabricator shall be used in each category. (Attach additional sheets if necessary.) No substitution will be permitted without City’s written approval.

PREVIOUS WORK Subcontractor

EXPERIENCE % VALUE

TOGETHER of total Contract

CATEGORY NAME/ADDRESS YES / NO

Bidder represents and warrants that the Subcontractors and/or shop fabricators listed are financially responsible and are qualified to do the Work for the category identified. _______ Initials

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-10

QUALIFICATION FORM G

CERTIFICATE OF NON-SEGREGATED FACILITIES

We, __________________________________________________________(Bidder Company Name) certify that we do not and will not maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not and will not permit our employees to perform their services at any location, under our control, where segregated facilities are maintained. We understand and agree that breach of this certification is a violation of Equal Opportunity clause required by Executive Order 11246, amended.

As used in this certification, the term "segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or otherwise.

We further agree that (except where we have obtained identical certifications from proposed Subcontractors for specific time periods) we will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that we will retain such certification in our files; and that we will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical certifications for specific time periods).

NOTICE TO PROSPECTIVE SUBBUILDERS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES. A certification of Non-segregated facilities as required by the 9 May 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, 19 May 1967), must be submitted from the provisions either for each subcontract or for all subcontracts during a period (i.e. quarterly, semi-annually, or annually).

NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C.

1001.

(Bidder Company Name)

By:_____________________________ Print: _______________________________ Signature Print Name

Date: ___________________________ Title: _____________________________

ITB-SWE-26-09 QUALIFICTION FORMS PACKAGE 00100-11

QUALIFICATION FORM H

QUALIFICATION FORMS PACKAGE

COMPLIANCE CERTIFICATION

Please check the appropriate box where indicated and initial where indicated for each of the listed requirements for certification. This Form must also be signed, notarized, and dated by the same signatory.

1. Scrutinized Companies - Section 287.135, Florida Statutes, prohibits companies from bidding,…