2636ITB_-_Campbell_Middle_School_REBID.pdf

1. INTRODUCTION

The City of Daytona Beach is hereby soliciting responses for the Safe Routes to School Project, Campbell

Middle School and Turie T. Small Elementary School, LAP FPN 443394-1-58-01 & FAN D523-078 B, from interested parties to provide construction of 5-8’ wide concrete sidewalks along the streets around

Campbell Middle School and Turie T. Small Elementary School, including Keech Street, and Cedar Street..

1.1. Summary

Bid Opening: The City will accept only online submittals through our Platform, https://procurement.opengov.com/portal/codb, accessible through the City’s website https://www.codb.us/841/Purchasing. All Bid Responses MUST be submitted through this Platform. No paper

Bids will be accepted. Interested parties may view the Bid Opening virtually. The link to the Bid Opening will be provided in the Timeline section in the #INTRODUCTION.

Participation: To view specifications, schedule, pose questions, receive addenda & notices, or submit an offer, visit https://codb.us/841/purchasing and click "Public Solicitation". Then click the 'PARTICIPATE' button at the bottom of the solicitation page. After clicking the participate button Bidder’s will be prompted to login or register the company. Clicking the participating button does not obligate the Bidder to submit a response. It is recommended that Bidders register and participate as soon as possible in order to stay informed on this

Solicitation. It is the Bidder's responsibility to stay informed of the latest announcements.

A Non-Mandatory Pre-Bid Conference will be held via Teams. Interested participants are urged to attend.

Details are provided in the Timeline.

Question Deadline: The deadline for questions is detailed in the Timeline section of the INTRODUCTION.

Questions must be submitted through the Platform using the Question & Answer tab. To ask a question click the Question and Answer tab, select the blue "Ask Question" button. Add a Subject, enter your questions, and then select the blue Submit Question icon.

Addenda/Revisions/Question & Answers: Participants shall review all revisions and answers to published questions before submitting an offer. The 'Question & Answer' feature is authoritative and shall be considered an addendum to the Solicitation. All published answers shall display in the Question and Answer tab. Make sure that the latest version of documents been reviewed as well as all public announcements.

Offer Term: Bids may be held by the City for a period not to exceed 60 days from the date of opening of Bids for the purpose of reviewing the Bid and investigating the qualifications of Contractors prior to awarding the

Contract.

Platform Support: Bidders shall contact OpenGov Procurement Support related to any inquiries related to the software. Bidders may contact Support via the blue chat bubble in the bottom right corner of an OpenGov

Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855)

680-4747.

Issue Date: Tuesday, May 12, 2026

1.2. Contact Information

Abigail Brock

Purchasing Agent https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/246299/document?section=2351785 https://procurement.opengov.com/portal/codb/projects/246299/document?section=2351785

Invitation For Bid #2636ITB Title: 2636ITB - Campbell Middle School REBID

301 S. Ridgewood Ave.

Suite 146

Daytona Beach, FL 32115

Email: brockabigail@daytonabeach.gov

Phone: (386) 671-8080 Ext: 8082

Department:

Purchasing Division

1.3. Timeline

Release Project Date May 12, 2026

Pre-Bid Meeting (Non-Mandatory) May 20, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/212730569650

634?p=uURYR06SVBzco5ou6V

Meeting ID:212 730 569 650 634

Passcode: Hy2uL9jA

Dial in by phone

+1 312-667-7230,,211650240#

United States, Chicago

Phone conference ID: 211 650 240# https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00

MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2

/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-

669fa41090ef%22%2c%22Oid%22%3a%22c87eed1

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Question and Request for Interpretation

Submission Deadline

June 9, 2026, 5:00pm mailto:brockabigail@daytonabeach.gov tel:(386)671-8080;ext=8082 https://teams.microsoft.com/meet/212730569650634?p=uURYR06SVBzco5ou6V https://teams.microsoft.com/meet/212730569650634?p=uURYR06SVBzco5ou6V https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Proposal Submission Deadline June 16, 2026, 2:00pm

Join:

https://teams.microsoft.com/meet/231518162072

177?p=IFt9t7AMRMXawWuW9I

Meeting ID: 231 518 162 072 177

Passcode: AK2GU9CW

Dial in by phone +1 312-667-7230,,655908991#

United States, Chicago

Phone conference ID: 655 908 991# https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzL

Tg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0

?context=%7b%22Tid%22%3a%22112fe1e2-c356-

4b5a-885a-

669fa41090ef%22%2c%22Oid%22%3a%22c87eed1

5-230f-4ec1-9c22-f6810ed3a341%22%7d

2. DEFINTIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE

CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE

OF SPECIAL PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this Solicitation:

2.1. DEFINITIONS

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this Solicitation:

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, Goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract. References to Goods shall mean Commodities.

https://teams.microsoft.com/meet/231518162072177?p=IFt9t7AMRMXawWuW9I https://teams.microsoft.com/meet/231518162072177?p=IFt9t7AMRMXawWuW9I https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTEwYjYzYjUtYWNlNC00YjAzLTg3MjAtM2Q3OWFmMWMxNGY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents 5) all amendments that may after the date of award be executed by the

Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any

Contract that accompanies the NOI.

Offer means Solicitation Response, Submission, Submittal, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders

MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1)

Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the Solicitation. Also known as Bid Schedule.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

https://www.codb.us/841/purchasing

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Company, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF SERVICES

3.1. GENERAL

The project consists of constructing 5-8’ wide concrete sidewalks along the streets around Campbell

Middle School and Turie T. Small Elementary School, including Keech Street, and Cedar Street. The project also includes the construction of ADA compliant ramps with detectable warnings, reconstruction of driveways for ADA compliance, curb and gutter, clearing and grubbing, mobilization, maintenance of traffic, sign relocations, thermoplastic striping, and sodding.

3.2. TECHNICAL SPECIFICATIONS

Please see attachments for LAP Division I Specifications and associated documents.

4. INSTRUCTIONS TO BIDDERS

THESE INSTRUCTIONS ARE STANDARD FOR ALL BID SOLICITATIONS FOR PROJECT SPECIFIC

CONSTRUCTION SERVICES ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR SOLICITATION IN THE SPECIAL

PROVISIONS SECTION.

4.1. BID DOCUMENTS

The Bid Documents consist of all published sections of this Solicitation including Attachments, Pricing

Proposal Schedule and all other Forms to be completed, signed, and submitted by the Bidder, and all additional documents required to be completed and submitted by the Bidder as part of the Bid

Submission.

In making copies of Bid Documents available, the City does so only for the purpose of obtaining Bids and does not confer a license or grant to use the Bid Documents for any other purpose.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders

MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow

Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for

Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an

Online Solicitation.

4.2. CITY’S PROJECT-SPECIFIC CONSTRUCTION CONTRACT FORM

The City’s contract form for project specific construction projects, contains additional terms and conditions, including indemnification and insurance requirements, completion deadlines, and liquidated damages, that the Bidder should review prior to submitting the Bid. The City reserves the right to make minor changes to the form Contract prior to execution by the successful Bidder to correct errors, make other minor formatting changes, or for legal sufficiency. The City will provide the successful Bidder the final contract for execution.

4.3. LICENSES

At time of Bid submittal, the Bidder must hold the required licensure to be the prime contractor for all work to be performed under this Solicitation. Any subcontractors or sub-consultants whom the Bidder proposes to use to perform work under this Solicitation must also hold the required licensure at the time of Bid submittal. Required licensure must be maintained in full force and effect during the contract term.

PROOF OF REQUIRED LICENSURE MUST BE SUBMITTED WITH BID SUBMISSION IN ORDER TO BE

CONSIDERED RESPONSIVE.

4.4. COMPLETING THE BID

In order for the Bid to be considered complete:

A. The Pricing Proposal and all other Required Forms must be completed. All blank spaces must be completed.

B. All other information/documentation that is required to be submitted must be provided in the manner indicated.

C. Any extraneous documents or information submitted by the Bidder will be discarded. The Bidder will be asked to sign a written contract only if the City awards the contract to that Bidder.

D. Where the Pricing Proposal only calls for unit prices the Bidder must bid all unit prices as set forth in the Pricing Proposal unless Special Instructions are included in this Solicitation specifically allowing for partial or lot-by-lot Bids. If this Solicitation allows for partial or lot-by-lot Bids, the

Bidder must comply with the Special Instructions in completing the unit prices set forth in the Bid

Schedule.

E. The Bid Price will be stated in numerals.

F. The Bidder must not submit alternative Bids unless this Solicitation specifically authorizes alternate Bids. If this Solicitation specifically allows the submission of alternate Bids, the Bidder must submit the standard and the alternative Bid in order to be considered responsive.

G. The Bid may not contain qualifications or exceptions of any kinds.

H. All other submittal requirements stated herein must be met.

4.5. SIGNING THE BID

The Pricing Proposal all other Forms and documents requiring Bidder’s signature must contain the signature of an individual authorized to bind the Bidder. The signature must be located in the space(s) marked for the Bidder’s signature. In addition, the person signing the Bid must also sign all of the other

Forms to be submitted. Original and electronic signatures will be accepted.

4.6. REQUEST FOR INTERPRETATIONS

If the Bidder is in doubt as to the meaning of any of the Bid Documents included in this Solicitation, the

Bidder may submit a written request via the Platform. Such requests must be received by the Request for

Interpretations Deadline detailed in the Timeline section of the INTRODUCTION in order to be considered.

The City is not obligated to respond to such requests. Any clarification or interpretation issued by the City in the form of a public announcement, addendum, or answer to a question via the Platform and will be deemed to be a part of the Bid Documents. No oral clarification or interpretation will be binding.

QUESTIONS AND ANSWERS. All answers to material questions will be published on the Platform. Bidders are required to review all questions and answers within the Solicitation. Questions and answers are as authoritative as any information issued in a formalized addendum and incorporated into the Solicitation

Documents or any Contract resulting from this Solicitation.

4.7. ADDENDA TO BID DOCUMENTS

Prior to Bid opening, the City may on the City’s own initiative or in response to a request for clarification, furnish public announcements, addenda, or answers to questions submitted that relate to these

Instructions, the Bid Documents, and to any Drawings, Specifications, or other Contract Documents previously supplied by the City. In addition, the City may by announcement, addenda, or answer to a question, extend the date scheduled for Bid Opening.

The Purchasing Agent will make reasonable efforts through the Platform to notify all potential Bidders of the issuance of Addenda, announcement, or answer.

The Bidder is solely responsible for ensuring that the Bid submitted reflects all such Addenda, answers, or announcements.

4.8. SUBMISSION OF ONLINE OFFERS

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

https://procurement.opengov.com/governments/3862/projects/246299/builder/document

All electronic files uploaded must be in a common format accessible by software programs the City uses.

Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file.

Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

4.9. BID SECURITY

The Bidder must submit Bid Security equal to 10% of the Bid. The Bid Security will be in the form of a Bid bond or any of the following alternate forms; cashier's check, certified check, money order, notes at par value, U.S. Currency, or U.S. Government Bond. Any Bid Security provided must be in original form. The

City has the right to retain the Bid security as liquidated damages should the Successful Bidder fail to comply with the terms of the Bid. The City will return the Bid security to unsuccessful Bidders after the contract award.

Any Bid bond provided must be in a form approved (A1A) and must be accompanied by sufficient evidence of the issuing agent’s authority. The surety company executing the bond must be authorized to do business in the State of Florida. If the Bid bond is in an amount greater than $5,000.00 the surety company executing the bond is listed by the United States Treasury Department as being approved for writing bonds for federal projects on its current list in an amount not less than the required bond amount.

Bidders must submit a copy of the Bid Security with the electronic submittal. Failure to provide the digital copy of the Bid Security with the Bid submittal will result in the Bid being found non-responsive and ineligible from consideration for award.

4.10. AMENDMENT AND WITHDRAWL OF BID

The Bidder may amend or withdraw the Bid at any time prior to Bid opening. Mere negligence on the part of the Bidder in preparing the Bid does not constitute a right to withdraw the Bid subsequent to Bid opening.

4.11. DISQUALIFICATION OF BIDDERS

A. Only One Bid Permitted: The Bidder may submit only one Bid. If the Bidder submits more than one Bid for the work involved, all Bid proposals submitted from the Bidder will be rejected.

B. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Bids of all participants in the collusion.

C. Public Entity Crimes: Failure to submit a correctly completely public entity crimes form. Pursuant to Section 287.133(12)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted Supplier list following a conviction for a public entity crime may not submit a Submittal

Package (Bid Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit an Offer (Bid Response) on leases of real property to a public entity may not be awarded or perform work as a Supplier, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the convicted Supplier list

D. Scrutinized Companies List: If the Bidder is found to have submitted a false certification as provided by F.S. Section 238.175(5), or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, the City will have the option to immediately terminate this Contract.

4.12. BID OPENING

Bid Opening will be scheduled on the date and time specified in the Timeline section of the INTRODUCTION for the Bid, or by any applicable Bid Announcement, addenda, or answer that the City may issue. At Bid opening, the City will electronically open the Bid so long as it is proper and has been timely submitted. The Bid Tabulation will state the name of the Bidder and the Bid Price.

The Bidder is solely responsibility to ensure that the Bid is submitted via the Platform prior to Bid Opening.

Late Bids will not be accepted by the Platform.

Bid openings are broadcast live via Teams. Bidders who want to witness a Bid Opening may do so by logging on at the link in the Timeline section in the INTRODUCTION at the Bid Opening date and time.

4.13. BID AS OFFER; FIRM PRICING; NO GUARANTEES AS TO THE QUANTITIES

ORDERED

In submitting the Bid, the Bidder certifies that the Bidder is making a firm offer that will remain open for

60 days following Bid Opening. Extensions of time beyond the 60 day-period will only be by agreement of the City, the Bidder, and the surety for the Bidder.

In addition, if this Solicitation requests submission of unit prices: (i) all unit prices will be deemed to be held firm for the duration of the Contract, including any extension thereof, unless specifically authorized by the Contract Documents; and (ii) quantities stated are an estimate only and no guarantee is given or implied as to quantities that will actually be required during the contract period.

4.14. FEDERAL TAXES

The Bid price will be exclusive of all federal taxes. If the Bidder believes that certain other taxes are properly payable by the City, the Bidder may list such taxes separately in each case directly below the respective item Bid price. Tax exemption certificate will be furnished upon request.

4.15. BID PRICE INCLUSIVE OF COSTS

SCOPE OF WORK is inclusive of all of the Bidder’s direct and indirect costs of performing the SCOPE OF

SERVICES.

https://procurement.opengov.com/governments/3862/projects/246299/builder/document https://procurement.opengov.com/governments/3862/projects/246299/builder/document https://procurement.opengov.com/governments/3862/projects/246299/builder/document?section=2351787 https://procurement.opengov.com/governments/3862/projects/246299/builder/document?section=2351787

4.16. BIDS AND PUBLIC RECORDS

Sealed Bids received by the City pursuant to this Solicitation will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. Thereafter, Bids will be open for inspection by any person pursuant to Public Records Law.

If the Bidder believes that the Bid or any portion thereof is permanently exempt from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Bid Opening.

The Bidder will be contacted prior to the opening of the Bid and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Bidder may in writing request the return of the sealed Bid.

4.17. BID OPENING RESULTS

The Bidder may secure information pertaining to Bid opening results on the Purchasing Division webpage https://www.codb.us/841/purchasing, or by emailing a request to purchasing@codb.us. Copies of preliminary tabulation sheets will be furnished upon request and receipt of a valid email address.

4.18. BIDDER CAPABILITY/REFERENCES

Prior to Contract award, the City may require Bidder to show that Bidder has the necessary facilities, equipment, ability, and financial resources to perform the work specified in a satisfactory manner and within the time specified.

In addition, the City may require Bidder to demonstrate that Bidder has experience in work of the same or similar nature as the work required herein, and to provide references satisfactory to the City.

4.19. REVIEW; BASIS OF AWARD

Bids will be reviewed and awarded to the lowest responsive, responsible Bidder in accordance with the procedures set forth in these Instructions to Bidders and the applicable provisions of the Purchasing Code, Chapter 30 of the Daytona Beach Code of Ordinances, where applicable.

Please note that some of the sections included within this Chapter of the Purchasing Code may not be applicable to LAP projects, including Piggybacking, City direct purchase of materials, Local Preference, no negotiations allowed, MBE/WBEs. Any contract awarded pursuant to this Solicitation will be on the basis of the criteria for award of Bids provided in the Purchasing Code.

4.20. IDENTICAL TIE BIDS

If there are two or more low responsive Bids from responsible Bidders that are identical in price and other evaluation criteria, the tie will be awarded to the following in order of preference: a) the Bidder in compliance with the drug free workplace certification requirements set forth in Florida Statutes 287.087;

or b) the most responsible Bidder as defined under the City Code 30-82 (9)(c).

4.21. RIGHT TO ACCEPT OR REJECT BIDS

The City will reject Bids which contain modifications, qualifications, or exceptions, or which are incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with these Instructions to Bidders and the Contract

Documents, unless the City in its sole discretion determines that the non-compliance is minor.

The City does not bind itself to accept the minimum Bid stated herein, but reserves the right to accept any

Bid, which in the judgment of the City will best serve the needs and interests of the City.

4.22. LICENSES

At time of Bid submittal, the Bidder must hold the required licensure to be the prime contractor for all work to be performed under this Solicitation. Any subcontractors or sub-consultants whom the Bidder proposes to use to perform work under this Solicitation must also hold the required licensure at the time of Bid submittal. Required licensure must be maintained in full force and effect during the contract term.

4.23. BIDDER RESPONSIBILITY FOR PREPARATION COSTS

Neither the City nor the City’s officers or agents will be liable for the costs incurred by the Bidder in reviewing or responding to this Solicitation.

4.24. POST-AWARD SUBMITTAL REQUIREMENTS

Within 15 business days after the City’s issuance of a notice of award, the Successful Bidder must submit each of the following:

A. A signed contract, using the form provided with or referenced by the notice of intent to award.

B. Proof of insurance, in accordance with the requirements of the Contract. See the Contract form for more information regarding insurance requirements.

C. Performance Security, as further described below, in an amount equal to 100% of the Contract

Price. The award is subject to cancellation and the Bid Security subject to forfeiture if this deadline is not met.

4.25. PUBLIC RECORDS

(a) To the extent applicable, CONTRACTOR will comply with the requirements of Florida Statutes Section

119.0701, which include the following:

(1) Keeping and maintaining public records that the CITY requires for performance of the service provided herein.

(2) Upon the request of the City Clerk of the CITY, (i) providing the City Clerk with a copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt of the City Clerk’s request, at a cost that does not exceed the cost provided in

Ch. 119, Florida Statutes, or as otherwise provided by law.

(3) Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this

Contract, and following such completion if CONTRACTOR fails to transfer such records to the CITY.

(4) Upon completion of the work required by a specific work authorization, keep and maintain public records required by the CITY to perform the service. CONTRACTOR will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the

CITY upon request from the CITY Clerk, in a format that is compatible with the CITY’s information technology systems.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MUST CONTACT THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS:

(Phone) 386 671-8023

(Email) clerk@codb.us

(Address) 301 S. Ridgewood Avenue

Daytona Beach, FL 32114

(b) Nothing herein will be deemed to waive CONTRACTOR'S obligation to comply with Section

119.0701(3)(a), Florida Statutes.

5. SPECIAL PROVISIONS

5.1. UTILITIES STATEMENT

Attention of the Contractor is directed to the possible presence of water, sewer, gas mains, electrical wires, conduit, and communications cables (both overhead and underground). The Contractor shall exercise special care and extreme caution to protect and avoid damage to utility company facilities as described in the preceding sentence. All notifications to the utility company and “Sunshine” – 1-800-432-

4770 shall be, at least, two weeks in advance of working in the area of the specific affected utility. The notification to “Sunshine” is required by the Contractor whenever any excavating or similar work is to be performed. Should any existing utilities be damaged or destroyed due to the operations of the Contractor, the damaged or destroyed components shall be immediately replaced or repaired as necessary to restore the utility to a satisfactory operating condition. These repairs or replacement shall be at no additional expense to the City or the owner of the utility.

The existing utilities requiring immediate relocation or repair shall be relocated or repaired by the agency responsible for their maintenance or by the owner of the utility unless otherwise indicated in the Contract

Documents. The Contractor shall inform the respective Utility, immediately upon discovering the conditions(s). In addition, the Contractor shall give sufficient notice to the specific. Utility of the

Contractor’s overall plan for construction. The Contractor and Utility Company will coordinate the applicable Utility work with the Contractor’s work operations based upon the Contractor’s overall plan.

The following known utility companies may have existing facilities or interest within the limits of the designated work areas in this Contract. The City has previously reached out to each of them and none to date have indicated a potential conflict. Please note some agencies have been simply unresponsive and it is recommended to follow up accordingly based on the Sunshine One Call locates.

AT&T / Distribution (telephone) - Kirby Spencer | (386) 366-4588

CenturyLink Communications - Ron Prairo | (407) 754-0116

Charter Communications (Spectrum) - Tim Haynes | (407) 532-8614

City of Daytona Beach (Water/Sewer/Stormwater) - James Pekala | (386) 671-8827

Crown Castle Fiber - Danny Haskett | (305) 552-2931

Florida Power & Light (Volusia) - Christopher Buonanni | (407) 328-1911

TECO Peoples Gas - Bruce Stout | (407) 420-2678

VOTRAN (Transit) - Jacob Lunceford (386) 257-6000

All notifications to the above utility companies and “Sunshine” 1-800-432-4770 shall be given at least two weeks in advance of working in the area of the specific affected utility. The notification to “Sunshine” is required whenever any excavating or similar work is to be performed.

5.2. FLORIDA STATUTE 20.055(5), F.S.

Bidder understands and will comply with 20.055(5), F.S.; and will also require all subcontractors to comply with 20.055(5), F.S

5.3. CLEAN AIR ACT COMPLIANCE

Contractor will comply with all applicable standards, orders, or regulations issued pursuant to the Clean

Air Act (42 U.S.C. 7401-7617q), and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-

1387). Contractor will also require all subcontractors to comply with the laws and regulations.

5.4. BONDING

PERFORMANCE AND PAYMENT BOND

The successful Bidder will be required to furnish separate 100% Performance and Payment Bonds unless the Contract price is less than $100,000.

All Bonding shall be in accordance with 255.05, F.S. The City refers the use of the insurers bond forms at this time.

5.5. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK

Applicable liquidated damages are the amounts established in the following schedule:

5.6. RESTRICTIONS, PROHIBITIONS

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

CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

5.7. LOBBYING

No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch or any state agency.

5.8. E-VERIFY

A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://www.e-verify.gov/, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021.

B. Subcontractors:

(i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.

(ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section

448.095, Florida Statutes.

(iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement.

https://www.e-verify.gov/

C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system.

D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.

5.9. BONDING

A 10% Bid Bond is required for all Construction projects. An A1A bond form is acceptable. The successful

Contractor will be required to furnish separate 100% Performance and Payment Bonds unless the Contract price is less than $100,000. City approved bond forms will be sent to the successful Contractor when a

Notice of Award is issued.

All Bonding shall be in accordance with Sec 337.18(1) F.S.

5.10. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK

Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the attached LAP Division I Specifications, Spec 8-10.2.

5.11. CONTRACTOR FDOT PREQUALIFICATION

A. To be eligible to bid on this project, Contractor must be certified by the Florida Department of

Transportation (FDOT) as a Pre-Qualified firm for the type of work in this project.

1. https://www.fdot.gov/contracts/PreQual-Info/prequalified.shtm

B. Owner will rely only on FDOT's determination of the status of a Contractor's eligibility for Pre-

Qualification or any equivalent alternate certification by FDOT.

C. All Pre-Qualified Contractors bidding on any Contract must certify their total dollar amount of

Work Underway and submit a completed copy of FDOT Form 375- 020-39 with their bid. This information must be equal to that submitted to FDOT during the month the bid is due. Submittal to FDOT is via the "Work Underway" link in the Contractor Pre-Qualification System website.

D. Bidder, Prime Contractor only, shall be FDOT Prequalified in the following work class: Sidewalk.

5.12. RESTRICTIONS, PROHIBITIONS

A. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any https://www.fdot.gov/contracts/PreQual-Info/prequalified.shtm public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

5.13. FDOT REQUIRED FORMS

Contractors will complete the following FDOT forms and submit with their Bid:

FDOT Form 275-030-11

FDOT Form 375-030-32

FDOT Form 375-030-33

FDOT Form 375-030-34

FDOT Form 525-010-46

FDOT Form 575-060-13

5.14. ADDITIONAL PROVISIONS

A. No funds received pursuant to this Agreement may be expended for lobbying the Florida

Legislature, judicial branch or any state agency.

B. The City's local preference policy has been retracted for this project.

6. INDEMNIFICATION AND INSURANCE

Indemnification.

To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the City and the

State of Florida, Department of Transportation, including the City's and Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Contractor.

The foregoing indemnification shall not constitute a waiver of the Department’s or City’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Contractor to indemnify City for the negligent acts or omissions of City, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise and shall survive the termination of this Agreement.

Insurance.

CONTRACTOR will provide and maintain at CONTRACTOR’s own expense, at a minimum, insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the CITY’s own insurance. In the event any request for the performance of services presents exposures to the CITY not covered by the requirements set forth below, the CITY reserves the right to add insurance requirements that will cover such an exposure.

(a) Coverage and Amounts.

The following types and amounts of insurance, primary and non-contributory with the CITY’s own insurance, in form and companies satisfactory to the CITY:

A. Workers’ Compensation Insurance – As required by Florida Statutes, Chapter 440, Workers’

Compensation Insurance, for all employees of CONTRACTOR employed at the project site or in any way connected with the Work. The insurance required by this provision will comply fully with the Florida

Workers’ Compensation Law and include Employers’ Liability Insurance with limits of not less than

$500,000 per accident. Any associated or subsidiary company involved in the service must be named in the Workers’ Compensation coverage.

B. Liability insurance – Including Commercial General Liability coverage for operations, independent contractors, products-completed operations, broad form property damage, collapse and underground, and personal injury on an "occurrence" basis, insuring the CONTRACTOR and any other interests, including but not limited to any associated or subsidiary companies involved in the Work; and Automobile Liability coverage insuring claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle used by CONTRACTOR at the project site or in any way connected with the Work.

The limit of liability for commercial general liability and automobile liability will each be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, the aggregate will be in an amount of no less than $2,000,000. The

Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager’s sole discretion.

THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AND THE STATE OF

FLORIDA DEPARTMENT OF TRANSPORTATION AS AN ADDITIONAL INSURED. CONTRACTOR’S Commercial

General Liability insurance policy shall provide coverage to CONTRACTOR, and CITY when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard

Commercial General Liability Coverage Form (ISO Form CG 00 01) without the attachment of any endorsements excluding or limiting coverage for Products/Completed Operations, Independent

Contractors, Property of CITY in Contractor’s Care, Custody or Control or Property of CITY on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When CITY is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional

Insured status.

Unless specifically waived hereafter in writing by the Risk Manager, CONTRACTOR agrees that the insurer(s) will waive its rights of subrogation, if any, against the CITY on each of the required insurance coverages in this section.

A. Subcontractors’ Insurance. Each of CONTRACTOR’s subcontractors will be required to provide insurance in substantially similar form to the insurance…