Addendum_3.pdf

Purchasing Services 2725 Judge Fran Jamieson Way

Building C, Room 303 Viera, Florida 32940

Eau Gallie Muck Removal B-6-25-24

January 17, 2025

ADDENDUM 3

TO ALL PROSPECTIVE BIDDERS

This is an Addendum to and shall be considered as part of the original bid package for the above-mentioned bid. Please acknowledge receipt of Addendum 3 in space provided on Price Sheet. Bidders are requested to acknowledge receipt of this addendum with their bid.

CLARIFICATION TO QUESTIONS RECEIVED:

Question 1: Attachment F- Price Sheet – Please provide the further explanation on how the optional volumes should be priced. There will be economy of scale in each pass with the dredge. Consider a price for the base and a price for all options combined. Variations of the base and certain options will likely muddy the pricing.

Answer: The purpose of the bid alternatives is to accommodate additional volume if the budget allows. The County is currently seeking additional funding to award removal of the maximum volume of material for the project. The project will be awarded under one of the following four options, depending on the available funds:

1. Base Bid

2. Base Bid + Bid Alternative 1

3. Base Bid + Bid Alternative 1 + Bid Alternative 2

4. Base Bid + Bid Alternative 1 + Bid Alternative 2 + Bid Alternative 3

Attachment F – Price Sheet has been revised to better reflect this explanation.

Economies of scale are anticipated as the quantity of material increases with the inclusion of additional bid alternatives. Unit costs for bid alternatives may vary based on economies of scale. Contractor shall implement, as deemed necessary, any economies of scale into each Bid Alternative.

Question 2: General - Please provide the likelihood that the contractor will be able to utilize the FDOT property for a basis of site access and operations. Access from this site will significantly effect project pricing.

Answer: In a previous conversation with FDOT concerning use of the FDOT property on the Eau Gallie Causeway, the following statement was provided by FDOT.

“The Department will permit the establishment of a staging area, provided that a Maintenance of Traffic (MOT) plan is properly implemented. This plan must include all necessary safety enhancements to ensure the protection and well-being of the traveling public. Compliance with these requirements is essential to minimize disruptions and maintain a safe environment for all road users. Please submit the 'general use' permit via the FDOT One Stop Permitting website. The typical review processing time is approximately two weeks.”

The Contractor will be responsible for securing the appropriate permit(s) to meet their specific operational needs.

Question 3: General Construction Notes #20 G:101 – Is there a rough estimate of debris that may be within the dredge area that needs to be disposed of? Is this an area where debris has historically collected or been observed?

Answer: There is no estimate to debris quantity. Contractor can expect debris to be present and shall include its handling and disposal in their bid. Unusual or excessive debris will be addressed on a case-by-case basis. There are no known dredging events that have occurred since initial construction of the Causeway.

Question 4: Manatee, Sea Turtle and Small Tooth Sawfish Construction Conditions G102:

Please confirm if there are specific dates or time periods in which project work may not be performed in consideration of these sensitive species.

Answer: There are no specific dates or time periods limiting performance of work (other than daylight working hours for in-water work) that pertain to protection of marine species.

Question 5: 01 35 05 3.16 B – Please confirm if odors are anticipated that will require mitigation. Will this be addressed through change management if odors are observed?

Answer: It is not anticipated that odors from the dredged material will require mitigation to remain compliant with State regulation and/or local ordinances.

Question 6: The technical specifications in Section 01 33 00-3, Submittal Procedures, paragraph 1.02, F.3. indicates odor impacts and Section 01 35 05-8, Environmental Protection, paragraph 3.16 B, which incorporates protection of air resources, but does not include any technical information on the odor control levels. The samples collected confirm entrained odors in the muck, and this may well pose an issue regarding odor control at the apartment complex located directly to the West of the DMMA, depending on the daily wind direction. Will the county require contractors to treat/remove the odor? If yes, what are the approved measurement test methods and levels that will be required and where would odor readings take place?”

Answer: It is not anticipated that odors from the dredged material will require mitigation to remain compliant with State regulation and/or local ordinances.

Question 7: The technical specifications in Section 35 24 00, Dredging, paragraph 3.02, P.

Dewatering, g. qualifications, defines the experience required for the dewatering contractor includes a minimum of 5 years prior to the bid date. Given the complexities of muck removal projects, it is reasonable to expect the same 5 years of experience required for the dredge contractor. Can the County also add the 5-year minimum dredging experience requirement to the specifications?

Answer: Please refer to the Invitation to Bid Section 9 Prequalification of Awarded Construction Bidder Bullet B.1 which indicates that 5-years of experience of similar work described within the solicitation package is required.

Question 8: Invitation to Bid; Insurance Requirements on page 25 of 34): “In the event the contract involves services related to construction projects, the contractor shall also procure and maintain a Builders Risk Insurance Policy or installation Floater with loss limits equal to the value of the construction project. Since this project is 100% dredging, we would like to request to remove the Builder’s Risk Insurance Polity or Installation Floater completely from this bidding document.

Answer: Builder’s risk will not apply to this project.

Question 9: Technical Specifications; Section 35 24 00 – Dredging; Part 3.02 P: Dewatering System Site (page 88 of 91) states the signed and sealed DMMA Site and System(s) Design is to be submitted by the Contractor upon award, but Part 1.02 A (page 82 of 91) states it must be submitted with the bid. Please confirm it is not required to be submitted until contract award.

Answer: A preliminary proposed DMMA site plan and system(s) design prepared by a Florida Licensed Professional Engineer shall be provided in the contractors bid package but is not required to be signed and sealed at that time. The preliminary proposed DMMA site plan and system(s) design shall include details on the proposed dewatering process to accurately describe the dewatering process.

A finalized DMMA site plan and system(s) design plan shall be signed and sealed by a Florida Licensed Professional Engineer and provided within 30 days of Notice to Proceed.

Question 10: General Conditions, Terms and Provisions; Article No. 57: Federal Emergency Management Agency (FEMA) Contract Requirements (page 8 of 34). The Contract Documents appear unclear on dealing with excusable weather delays for adverse weather in excess of anticipated. Please provide the monthly table of expected adverse weather days or confirm that the use of either U.S. Army Corps of Engineers or another government tabulation of expected adverse weather by month for the Project area is acceptable, and, confirm that such adverse weather days in excess of those expected, if any, shall be handled by the parties as an compensable delay, or explain what is intended.

Answer: Weather delays shall be accounted for in the Contractor’s construction schedule and fee as typical conditions for work taking place in the open waters of the Indian River Lagoon at the project location. The schedule of monthly anticipated adverse weather delays below is based upon the National Oceanic and Atmospheric Administration (NOAA) data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all-weather dependent activities.

Month January February March April May June Weather Days 8 9 7 6 5 4

Month July August September October November December Weather Days 3

3 4 6 8 8

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily report the occurrence of adverse weather and resultant impact to normally scheduled work. The definition of adverse weather delay shall be days that inclement weather prevents work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days within that month impacted by actual adverse weather calculated chronologically from the first to the last day of each month and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated, the County will convert any qualifying delays to calendar days, giving full consideration for equivalent previous surplus fair-weather workdays, and issue a modification to the schedule via a change order, at an interval of no sooner than six-month since NTP or the previous modification to the schedule via change order.

Question 11: Attachment E – Contract and Certificate; Article No. 22: Modifications to Contract (page 15 of 25). The Contract Documents appear unclear on the amount of time for Owner review of a Proposed Change Order. Please confirm that any Proposed Change Order (PCO) delivered by Contractor to Owner shall receive approval or be returned with written comment within fourteen (14) calendar days, or thereafter be considered null and void without further action by either party, unless extended in a signed writing by Contractor before 6:00 PM local time at the Owner's place of business on the 14th day after the date that such PCO was delivered by Contractor to Owner, or identify any other period Owner intends.

Answer: Confirmed, within fourteen (14) calendar days the Change Order will be approved or returned with written comment.

Question 12: Attachment E – Contract and Certificate; Article No. 22: Modifications to Contract (page 15 of 25). The Contract Documents do not indicate that Contractor's remedy for delays caused by the Client/Owner shall allow for an extension of Contract Time or an adjustment of the Contract Price. Such a remedy is inadequate to compensate the Contractor for the direct cost impacts of such compensable changes. Please confirm that Client/Owner-responsible delays will be fairly negotiated as to impacts on time and cost, or explain why not.

Answer: Changes to the project that impact the project cost and/or schedule shall be discussed and negotiated between the Contractor and the County prior to implementation and shall be document through a project change order.

Question 13: The Contract Documents do not expressly exclude damages, including, direct damages or liquidated damages. These other damages would be in the nature of indirect damages. Please confirm that each Party expressly waives any claim for indirect or consequential damages that could be demanded by either Party against the other, or explain what is intended.

Answer: Liquidated damages are addressed in the draft contract. Contract terms may be negotiated after the lowest responsible bidder has been determined.

Question 14: Section 8-10.2 FDOT Standard Specs for Road and Bridges (FY2024-25).

The Contract Documents are lack clarity on damages. Please confirm that Liquidated Damages ("LDs") are the Owner's sole and exclusive remedy with respect to any late substantial completion ("SC") caused solely by Contractor, and confirm that the Owner agrees that the Parties shall consider LDs to be direct damages and not to be considered indirect damages, or explain what is intended.

Answer: Liquidated damages are addressed in the draft contract. Contract terms may be negotiated after the lowest responsible bidder has been determined.

Question 15: The Contract Documents appear to allow the Owner to direct acceleration without compensation when the cause for critical path delay is by other than the Contractor.

Please confirm that the Parties shall negotiate the compensable impacts of any directed or constructive acceleration of the Work except where such acceleration or recovery of delay to the Project critical path due solely to Contractor critical path delay and without corresponding critical path delay by the Owner or others, or explain what is intended.

Answer: The County will not be compensating for any accelerated work.

Question 16: Attachment E – Contract and Certificate; Article No. 4: Contractor’s Acceptance of Conditions; Paragraph 4.1 (page 4 of 25). The Contract Documents appear silent on Differing Site Conditions. Please confirm that if the Contractor encounters any site condition that is undisclosed in the plans, not observable or disclosed in the pre-bid site inspection and not known by Contractor when bidding the work, the Parties shall reasonably negotiate adjustment of the Contract Time, the Contract Price, or both, as reasonably necessary to address such differing site condition, or explain what is intended.

Answer: The project purpose is to remove the nutrient rich muck from within the dredge limits. Contractor shall immediately notify County if site conditions changed to discuss if adjustments to the project are required.

Question 17: General Conditions, Terms and Provisions; Article No. 41 Operation During Dispute (page 6 of 34). The Contract Documents appear unclear on dispute resolution short of litigation. Please identify any additional informal or formal method of dispute resolution short of arbitration or litigation, like pursuit mediation, the County would consider or employ for dispute resolution.

Answer: Please refer to the added “Dispute Resolution” language in the draft contract.

Question 18: Technical Specifications; Section 01 35 05 – Environmental Protection; Part 3.15: Oil Spill Prevention (page 36 of 91) and Part 3.17: Chemical Materials Management and Waste Disposal (page 37 of 91). The Contract Documents are silent on existing HAZMAT.

Please confirm that the Contract Documents disclose any presently existing HAZMAT within the project limits and include the location, the specific material(s) and concentrations determined, when such HAZMAT is expected to be remediated by the Owner, or explain what is intended.

Answer: Please refer to Attachment D-4 “Dredge Material Testing Report” for the known constituents of concern within the dredge material. Please note that samples with the identification “A1A-XX” pertain to the samples within this project’s dredge limits.

Question 19: Article 18.10 on page 13 of the 26-page Draft Contract indicates broadform indemnification. Florida Statutes disallow broadform indemnification (See, Section 725.06 of the Florida Statutes. Please confirm that each Party shall be responsible to the other Party to the extent and in the proportion that the Party's acts or omissions result in impacts to the other Party or to third parties, or explain what is intended.

Answer: Confirmed

Question 20: Attachment E – Contract and Certificate; Article No. 6: Partial and Final Payments; Para 6.1(a) (page 6 of 25). Please confirm that with respect to any withheld retainage not indicated in these contract documents shall not be held longer than the minimum mandatory time allowed by applicable state law, or explain what is intended.

Answer: Confirmed

Question 21: Attachment E – Contract and Certificate; Article No. 6: Partial and Final Payments; Para 6.1(a) (page 6 of 25). Please indicate whether retainage may be placed by Owner at Contractor's request in an interest earning account until such payment of retainage with interest earned to Contractor, or explain why this is not available.

Answer: No, retainage will not be placed in such account.

Question 22: Attachment E – Contract and Certificate; Article No. 6: Partial and Final Payments; Para 6.1(a) (page 6 of 25). Please indicate whether the Owner will consider a retention/retainage bond at Contractor's sole cost in lieu of percentage retainage in order to enhance Contractor cash flow without significant added risk to the Owner, or explain why this is not available.

Answer: No, County will not consider such a retention/retainage bond.

Question 23: The Contract Documents do not indicate the timeline for Engineer's review of RFIs. Please clarify that the Engineer shall respond in writing and promptly within fourteen (14) calendar days following receipt of any RFI from Contractor, or explain what is intended.

Answer: : Engineer/Owner shall provide a response in writing within fourteen (14) calendar days following receipt of any RFI from Contractor.

Question 24: Invitation To Bid; Introduction and Submittal Information; Item No. 2 – Contract Period (page 12 of 34). The Contract Documents are unclear on Schedule updates. Please confirm that monthly updates with written narratives are required to be provided to the Client/Owner or explain what is desired.

Answer: Contractor shall provide schedule updates with monthly invoice in the form of a Gantt Chart. Weekly progress updates shall be provided to the Owner and Engineer during the weekly progress meeting.

Question 25: Invitation To Bid; Introduction and Submittal Information; Item No. 2 – Contract Period (page 12 of 34). The Contract Documents are unclear on acceleration. Please confirm that while Contractor shall be responsible for recovery of any Project critical path delay caused solely by Contractor, any other directed acceleration or constructive acceleration of the work to achieve the Substantial Completion date shall be compensable to the extent that it requires Contractor to add resources, stack trades or incur additional costs to achieve such required completion, or explain how such acceleration by Contractor is not compensable.

Answer: There are no incentives or anticipated requests by the County for accelerated work.

Bid Items “03.04 Stand-by time – Dredge” and “03.05 Stand-by time – Dewatering” shall only be instated at the discretion of the County. Items subjected to the Contractors means and methods shall be accounted for in the Contractor’s construction schedule and costs as typical conditions for work taking place in the open waters of the Indian River Lagoon at the project location.

Question 26: Technical Specifications; Section 01 77 00 – Closeout Procedures; Part 1.02:

Substantial Completion (page 53 of 91). The Contract Documents are unclear on Substantial Completion. Please confirm that the Contractor shall provide Owner/Client written notice of Substantial Completion, and that the Owner/Client shall, within ten (10) work days of receipt of such written notice, organize its team and conduct a single, joint, pre-final inspection in which the Parties shall annotate any observed punchlist items to complete prior to Final Completion;

that Owner/Client shall promptly provide Contractor such written punchlist; and, that once Contractor completes the punchlist work and notifies Owner in writing, Owner/Client shall conduct a follow-up inspection of the Work to confirm punchlist completion. Upon verification that punchlist work is properly complete, the Owner/Client shall issue Contractor a letter of written of Substantial Completion w within three (3) business days. If any other procedure is intended, please explain.

Answer: Substantial Completion shall be defined as the work claimed complete at 100% with supporting documentation for completion. This includes but is not limited to all dredging complete within the dredge template, all dredge material removed from the

DMMA, and all dredge material properly disposed. The Contractor shall provide County written notice of Substantial Completion. Following notification of substantial completion, the procedures and requirements shall be followed as stated in the Technical Specification Section 01 77 00 – Closeout Procedures; Part 1.02: Substantial Completion.

Question 27: The Contract Documents appear unclear on the method of analyzing alleged Contract Delays. Please confirm that the Parties intend to: 1) use the most recent updated schedule prior to the delaying event, 2) insert the delating activity or activity fragmentary network and 2) then analyze the days of impact to the expected Substantial Completion Date;

or, explain what method will be used.

Answer: Bid Items 03.04 Stand-by time – Dredge & 03.05 Stand-by time – Dewatering shall only be instated at the discretion of the County. Items subjected to the Contractors means and methods shall be accounted for in the Contractor’s construction schedule and fee as typical conditions for work taking place in the open waters of the Indian River Lagoon at the project location.

Question 28: Invitation To Bid; Special Conditions; Item No. 7 – Notification to Utility Companies (page 20 of 34), Technical Specifications; Section 01 50 02 – Temporary Construction Facilities; Part 1.03: Existing Utilities (page 46/91), Technical Specifications;

Section 01 55 26 – Maintenance of Traffic; Part 1.01(A) (page 50/91). The Contract Documents do not appear to indicate any specific Utility Conflicts of conflicts with underground infrastructure. Please confirm that the Plans properly reflect all known, existing subsurface utilities and infrastructure (whether in the ground or adjacent waters, if any), or specifically identify what inaccuracies exist, where, and with respect to what specific utilities services (like water, sewer, gas, low voltage); and, provide the expected date of relocation or removal, indicating the responsible entity and point of contact for each separate utility.

Answer: Plans reflect known utilities identified during the permitting phase of the project. Contractor is required to conduct utility locates (Sunshine State One Call / Sunshine 811) to ensure no conflicts within the project limits. Utility locates and avoidance is the responsibility of the Contractor. Any utility conflicts within the project will need to be communicated immediately to the County for review. The County’s preference in dealing with identified utility conflicts is avoidance in lieu of relocation.

Question 29: The Contract Documents appear unclear on the relocation of any utility conflicts, if encountered. Please identify necessary each incomplete utility relocation, if any, within the project limits with a date for completion and a contact for coordination; and, please confirm that the Parties shall negotiate an equitable adjustment for any cost or time impacts resulting from undisclosed utilities, if encountered, or explain what is intended.

Answer: Any utility conflicts within the project will need to be communicated immediately to the County for review. The County’s preference in dealing with identified utility conflicts is avoidance in lieu of relocation.

Question 30: Attachment E – Contract and Certificate; Article No. 4: contractor’s Acceptance of Conditions; Para 4.4 (page 4 of 25), Invitation To Bid; Special Conditions; Item No. 22 – Warranty (page 4 of 34). The Contract Documents do not appear clear on warranty obligations. Please confirm that the warranty period is one year running from the date of Substantial Completion, or explain what is intended.

Answer: Confirmed

Question 31: Attachment E – Contract and Certificate; Article No. 4: contractor’s Acceptance of Conditions; Para 4.4 (page 4 of 25), Invitation To Bid; Special Conditions; Item No. 22 – Warranty (page 4 of 34). The Contract Documents indicate a 1 year warranty for the Work;

however, dredging by its nature cannot be warrantied due to the siltation occurring immediately after the Work is performed. Please confirm no warranty shall apply to the dredging work, or explain what is intended.

Answer: Warranty excludes dredge work in so far as the contractor does not take action to cause excess siltation.

Question 32: Who is the waste generator that will sign the generator waste profile and corresponding disposal manifests if the waste is sent to a landfill?

Answer: The waste generator is the Contractor.

Question 33: Does the County have any soil sampling data (for contamination) more recent than 2017?

Answer: The 2017 Geotechnical Report provided in the solicitation package is the only soil data the County has at this time.

Question 34: Do the sediments meet residential SCTLs limits to allow for land application?

Answer: Please refer to Attachment D-4 “Dredge Material Testing Report” for the known constituents of concern within the dredge material. Please note that samples with the identification “A1A-XX” pertain to the samples within this project’s dredge limits.

There have been identified constituents of concern that exceed the residential SCTLs limits. If the contractor elects to use dredge material for residential purposes, the Contractor shall be required to provide assurances through, but not limited to, additional testing that dredge material meets residential SCTL limits, at the contractor’s expense.

Question 35: For similar County projects, are/were the dewatered solids being disposed of at a landfill?

Answer: Under special circumstances, previous County projects have used local landfills for material placement. If proposed, Contractor is responsible for obtaining authorization and paying applicable tipping fees.

Question 36: For similar County projects, are/were any of the dewatered solids being land applied? If so, is there a corresponding permit in place, or required?

Answer: It is recommended to contact Brevard County Natural Resources (321-633- 2016) to discuss potential parcels within County jurisdiction for land applications.

Question 37: Does Brevard County require a permit to land-apply the dewatered solids at a farm or other commercial or industrial property?

Answer: It is recommended to contact Brevard County Natural Resources (321-633- 2016) to discuss potential parcels within County jurisdiction for land applications.

Question 38: Can loading pads be placed within the DMMA?

Answer: Temporary construction sediment pads to stage excavation equipment while loading of haul truck is permitted as long as the integrity of the DMMA primary containment levee and internal access road are not impacted. Please refer to Attachment C-1 “FIND lease agreement” and Attachment D-1 “FIND Long Range Term Dredged Material Management Plan Update Jan 2021” for restrictions on the DMMA.

Question 39: Can interior roads be placed within the DMMA?

Answer: Internal roads within the DMMA are permitted as long as the integrity of the DMMA primary containment levee and the existing internal access road are not impacted. Please refer to Attachment C-1 “FIND lease agreement” and Attachment D-1 “FIND Long Range Term Dredged Material Management Plan Update Jan 2021” for restrictions on the DMMA.

Question 40: What testing will be required for chemical approval for the dewatering of the sediments?

Answer: Chemicals shall be compliant with FDEP standards. Any chemical treatment or amendment used shall require permit modification and approval by FDEP.

Question 41: If Gopher Tortoises need to be relocated, will that be the responsibility of the County or the Contractor?

Answer: County will be responsible for the relocation of the gopher tortoise. The Contractor will be responsible for grouting/filling vacated burrows located within the DMMA containment levee.

ADDITIONAL PROJECT NOTES:

Bidders may, at their discretion and cost, take surface grab samples of material from the dredge area for testing prior to bidding.

Per technical specifications, Contractor shall utilize haul equipment capable of containing the material and preventing any leakage or other disbursement while within public rights-of-way.

Contractor is responsible for restoring the stormwater swale at BV-52 to the conditions detailed in the “FIND BV-52 Stormwater Drainage Modifications” attachment. Note that fill material may be needed to restore as-built conditions of the swale. Fill material shall be approved prior to material being placed.

The limits of excavation within the DMMA shall be restricted to the design conditions as shown in the Attachment D-1 “FIND Long Range Term Dredged Material Management Plan Update Jan 2021” Contractor is not permitted to excavate or damage the DMMA’s containment levee. Damage to the containment levee shall be repaired at the Contractor's expense.

The DMMA shall be restored to preconstruction condition or to the design conditions shown in Attachment D-1 “FIND Long Range Term Dredged Material Management Plan Update Jan 2021”.

Please note that the bid opening date and time remains Tuesday, February 4, 2025 @ 2:00 PM.

All other terms and conditions remain unchanged.

Sincerely, Mary Bowers Purchasing Manager

END OF ADDENDUM 3