26-54_New_ADA_Beach_Access_78_Boardwalk.pdf

BAY COUNTY BOARD OF COUNTY COMMISSIONERS

PURCHASING DEPARTMENT

840 WEST 11th STREET

SUITE 2500

PANAMA CITY, FLORIDA 32401

INVITATION TO BID

BEACH ACCESS 78 NEW ADA BOARDWALK CONSTRUCTION PROJECT

THIS BID MAY BE SUBMITTED ELECTRONICALLY THROUGH OPENGOV

PROCUREMENT

THOSE BIDDERS WISHING TO SUBMIT A PAPER BID MAY CONTACT THE

PURCHASING DEPARTMENT

ITB No. 26-54

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TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

INTRODUCTION

QUALIFICATIONS

MANDATORY PRE-BID MEETING

BID DEADLINE/DELIVERY

BID DOCUMENTS

POINT OF CONTACT

QUESTIONS

ADDENDA

BID FORM

BONDS

COMPLETE BID AMOUNTS; EXAMINATIONS OF SPECIFICATIONS; WORK SITES

WITHDRAWAL OF BIDS

CANCELLATION

BASIS OF AWARD

RIGHT TO REJECT

EXECUTION OF AGREEMENT

LICENSING

GENERAL TERMS

PUBLIC RECORDS

EXEMPTION OF MEETINGS/PRESENTATIONS

REPRESENTATIONS

WARRANTY

SUBCONTRACTORS

SCRUTINIZED COMPANIES

BID PROTEST

ANTICIPATED SCHEDULE

BID CHECKLIST

ATTACHMENT 1 REQUIRED FORMS

ATTACHMENT 2 SAMPLE CONTRACT

EXHIBIT 1 GENERAL TERMS AND CONDITIONS

EXHIBIT 2 VBA DESIGN PLANS

EXHIBIT 3 VENDOR’S RESPONSE TO ITB 26-54

EXHIBIT 4 BAY COUNTY INSURANCE REQUIREMENTS

EXHIBIT 5 PUBLIC CONSTRUCTION BOND

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INSTRUCTIONS TO BIDDERS

Some of the instructions below may not apply to all projects.

The scope of work/specifications shall control any conflicting provisions

INTRODUCTION

The Bay County Board of County Commissioners (County) seeks bids from qualified vendors to construct a new ADA compliant boardwalk with a small observation deck at the end of the boardwalk. The project will also include a new 5’ wide sidewalk from the roadway to the boardwalk. An as-built survey shall be provided to the County upon completion of work. The existing boardwalk has been demolished. Project may not begin until closing of the 2026 turtle nesting season which ends October 31, 2026.

QUALIFICATIONS

Vendors shall be Florida licensed Building Contractor or General Contractor. Sub- Contractors shall be Florida licensed in their trade.

Bids may be deemed nonresponsive if not accompanied by proof of State of Florida Contractor’s License.

MANDATORY PRE-BID MEETING

A MANDATORY Pre-Bid Meeting will be held at 10:00 am (CDT) on Tuesday, August 4, 2026 in the Purchasing Conference Room, 840 W. 11th Street, Second Floor Suite 2500, Panama City, FL 32401.

Note: Respondents shall attend the pre-bid meeting. Any respondent who fails to attend will be deemed non-responsive and automatically disqualified from further consideration.

The purpose of this meeting is to familiarize respondents with the project and answer questions. All respondents must be present and signed in prior to the start of the Mandatory Pre-Bid Meeting. The convener of the meeting will collect the sign in sheet(s) and the meeting will “Officially” start. Anyone not signed in at the “Official” start of the meeting will be considered late and will not be allowed to propose on the project. Please allow 10 to 15 minutes to sign in prior to the start of the Mandatory Pre-Bid Meeting.

In the event that any discussions or questions at the pre-bid meeting or afterward require additional clarification the COUNTY will issue a written summary of questions and answers as an addendum to this Invitation to Bid.

BID DEADLINE/DELIVERY

ELECTRONIC OR SEALED PAPER BIDS for ITB NO: 26-54 Beach Access 78 New ADA Boardwalk Construction Project will be received by the BOARD OF COUNTY COMMISSIONERS OF BAY COUNTY, FLORIDA up until 2:00 pm (CDT) on Thursday, September 3, 2026. Bids will be publicly opened immediately following the deadline. ANY

BID RECEIVED AFTER THE SPECIFIED TIME WILL NOT BE CONSIDERED.

Bids for this solicitation may be submitted either electronically via OPENGOV PROCUREMENT or by paper, sealed and delivered to the Board of County

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Commissioners Purchasing Department, at 840 W. 11th Street, Suite 2500, Panama City, Florida 32401.

Bidders electing to submit paper bids should submit one (1) original bid package.

Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, and the date for opening. It is the sole responsibility of the bidder to ensure that the bid is received on time.

Each bid shall be valid to Bay County for a period of ninety (90) days after the bid opening.

The County will check the bids and notify the selected bidder at the earliest opportunity.

Special Accommodation: Any person requiring a special accommodation at a Pre-Bid Conference or Bid opening because of a disability should call the Purchasing Department at (850) 248-8270 at least five (5) workdays prior to the Pre-Bid Conference or Bid opening. For Hearing Impaired, Dial 1-800-955-8771 (TOO), and 1-800-955-8770 (Voice).

BID DOCUMENTS

Electronic versions of the solicitation documents are available via OpenGov

Procurement https://procurement.opengov.com/portal/baycountyfl

Bid documents, plans, blueprints, or other materials may also be obtained by contacting the Bay County Purchasing Department, purchasing@baycountyfl.gov, 840 West 11th Street, Suite 2500, Panama City, FL 32401, (850) 248-8270.

For those projects with separate plans, blueprints, or other materials that cannot be accessed through the internet, the Purchasing Department will make a good faith effort to ensure that all registered bidders (those who have been registered as receiving a bid package) receive the documents.

POINT OF CONTACT

The County Purchasing Department will be the only point of contact for this ITB. Under no circumstances may a bidder contact any County Commissioner, County Administrator, or County employee concerning this ITB until after award. Any such contact may result in disqualification as per Bay County Code Section 2-124.

QUESTIONS

Bidders shall submit all questions, in writing, to the Purchasing Department via email Purchasing@baycountyfl.gov. All questions shall be submitted no later than 5:00 pm (CDT) on August 17, 2026.

ADDENDA

If any addenda are issued after the initial specifications are released, the County will post the addenda on the County website or OpenGov. It is the responsibility of the bidder prior to submission of any bid to check the above website or contact the Purchasing

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Department to verify any addenda issued. The receipt of all addenda must be acknowledged on the addenda response sheet.

BID FORM

To receive consideration, all bids shall be made on the forms provided, properly executed and with all items filled out. Do not change the wording of the Bid Form and do not add words to the wording of the Bid Form. No conditions, limitations or provisions will be attached or added to the Bid Form or other bid documents by the bidder.

No bidder shall be permitted to correct a bid mistake after bid opening that would cause such bidder to have the low bid, except for the correction of errors in extension of unit prices in the bids. In such cases, the unit price bid shall not be changed and shall prevail.

BONDS

A Bid Bond, in the amount of 5% of the proposed base bid contract amount, shall accompany each bid. A scanned copy may be submitted with the e-bid. The successful bidder’s security will be retained until the contract has been signed and the bidder has furnished the required Public Construction Bond. The County reserves the right to retain the security of the next bidder until the selected bidder enters into contract or until 90 days after bid opening, whichever is shorter. All other bid security will be returned as soon as practicable.

COMPLETE BID AMOUNTS; EXAMINATIONS OF SPECIFICATIONS; WORK SITES

Bids shall be on the basis of unit price and shall be compensation in full for the complete work. The unit prices shall include all charges for completing the work and include layout, insurance, taxes, field office and supervision, overhead and profit, permits, impact fees, bonds and miscellaneous items needed to complete the bid. No allowance will be made to any bidder because of a claimed lack of examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination.

WITHDRAWAL OF BIDS

Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening bids. No bidder may withdraw his bid for a period of 90 days after the date for opening and all bids shall be subject to acceptance by the County during this period.

CANCELLATION

The County may cancel this ITB, or reject in whole or in part, when it is in the best interests of the County, as determined by the Board of County Commissioners. Notice of cancellation shall be posted on OpenGov and the County website. The notice shall identify the solicitation, and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items.

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BASIS OF AWARD

The contract will be awarded to the lowest, responsive, responsible bidder who has proposed the lowest qualified Total Price and is deemed qualified by Bay County, subject to the County’s right to reject any or all bids and to waive informality and irregularity in the proposals and proposing.

RIGHT TO REJECT

In accordance with section 2-113 of the Bay County Code, the County reserves the right to:

a. reject any or all submittals received;

b. select and award any portion of any or all submittal items;

c. waive minor informalities and irregularities in the bidder’s submittal.

A bid may be rejected if it is non-responsive or does not conform to the requirements and instructions in this ITB. A bid may be non-responsive by reasons, including, but not limited to, failure to utilize or complete prescribed forms, conditional bids, incomplete bids, indefinite or ambiguous bids, failure to meet deadlines and improper and/or undated signatures. Other conditions which may cause rejection of bids include evidence of collusion, obvious lack of experience or expertise to perform the required work, submission of more than one bid for the same work from an individual, bidder or corporation under the same or a different name, and/or failure to perform or meet financial obligations on previous contracts. Bids may be rejected if not delivered on or before the date and time specified as the due date for submission of the bid.

EXECUTION OF AGREEMENT

The successful bidder shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and deliver to the County Chief Procurement Officer all required contract documents in form and substance approved by the County. The vendor shall also deliver any required bonds and policies of insurance or insurance certificate as required. All bonds and insurance documents shall be approved by the Bay County Risk Management Office before the successful bidder may proceed with the work.

Neither the Notice of Award nor the execution of the required contract documents by the Vendor create any rights in the bidder. The bidder has no rights with respect to the award of the contract until a fully executed contract is signed by all required parties and all insurance policies and other required deliverables are provided and approved by the County.

The execution of the contract shall be contingent upon the securing of all applicable permits from Bay County Building Safety Division:

https://www.baycountyfl.gov/154/Builders-Services

LICENSING

Bidder shall be properly licensed for the appropriate work specified in this Invitation to Bid. All bidders are requested to submit any required license(s) with their bids. License(s) must be effective as of the bid opening date and must be maintained throughout the

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GENERAL TERMS

Companies that are required to register with the State of Florida Division of Corporations as a domestic or foreign business entity should provide evidence of their registration.

PUBLIC RECORDS

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State or Federal Law, all bidders should be aware that bids, responses, and proposals are in the public domain. Bidders must identify specifically any information contained in their response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

EXEMPTION OF MEETINGS/PRESENTATIONS

Pursuant to Florida Statute section 286.0113(2), any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from public meeting requirements. However, the County must make a complete recording of any portion of an exempt meeting and no portion of the exempt meeting may be held off the record. The recording of, and any records presented at, the exempt meeting are exempt from the public records law of section 119.07(1), Fla. Stat. (2015) and section 24(a), Art.

I of the State Constitution, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, submittals, or final replies, whichever occurs earlier. If the County rejects all bids, submittals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records presented at the exempt meeting remain exempt from section 119.07(1), Fla.

Stat. (2015) and section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial agency notice rejecting all bids, submittals, or replies.

REPRESENTATIONS

The contract documents contain the provisions required for the project. Information obtained from an office, Director, or employee of the County or any other person shall not affect the risks or obligations assumed by the bidder or relieve the bidder from fulfilling any of the conditions of the contract.

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WARRANTY

All goods and services furnished by bidder, relating to and pursuant to this ITB, will be warranted to meet or exceed the specifications contained herein. In the event of breach, the bidder will take all necessary action, at bidder’s expense, to correct such breach in the most expeditious manner possible.

SUBCONTRACTORS

The successful bidder will be the prime service provider and shall be responsible for all work performed and contract deliverables. Proposed use of subcontracts should be included in the bidder’s response. Requests for use of subcontractors received subsequent to the solicitation process are subject to review and approval by the County.

The County reserves the right to request and review information in conjunction with its determination regarding a subcontract request. All subcontractors are subject to the same requirements of this solicitation as the successful bidder.

SCRUTINIZED COMPANIES

Bidder must certify that the company is not participating in a boycott of Israel.

Bidder must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the County will not contract for the provision of goods or services with any scrutinized company referred to above.

Bidder must submit the certification that is attached to this solicitation. Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error then the County shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTEREST IN GOVERNMENT CONTRACTING

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the County’s governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

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BID PROTEST

A notice of protest must be submitted in accordance with section 2-114 of the Bay County Code, as amended from time to time. If a party intends to initiate such an action, it must electronically notify the Chief Procurement Officer and the County Attorney no later than one business day after notice of the awarding authority’s decision.

ANTICIPATED SCHEDULE

This schedule may be altered solely at the County’s discretion:

ITB Advertisement Pre-Bid Meeting Questions Due Date Bid Deadline Board Meeting for recommended award

Friday, July 24, 2026 Tuesday, August 4, 2026 Monday, August 17, 2026 Thursday, September 3 ,2026 Tuesday, October 6, 2026

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BID CHECKLIST

The checklist is provided as a courtesy and may not be all inclusive of items required within this invitation to bids.

The following bid forms may be submitted electronically through OpenGov. Bidders submitting paper bids may download all documents from the Purchasing Department’s Opengov Procurement page: https://procurement.opengov.com/portal/baycountyfl

BID FORM

ADDENDUM ACKNOWLEDGEMENT

AFFIDAVIT OF COMPLIANCE WITH SECTION 287.138, FLORIDA STATUTES,

CONTRACTING WITH FOREIGN ENTITIES OF CONCERN

AFFIDAVIT OF COMPLIANCE WITH SECTION 787.06, FLORIDA STATUTES,

HUMAN TRAFFICKING ATTESTATION

ANTI-COLLUSION CLAUSE

CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST

CONFLICT OF INTEREST DISCLOSURE FORM

DRUG FREE WORKPLACE

SUB-CONTRACTORS

LICENSE AND CERTIFICATION AS REQUIRED

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