For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/flaglercounty

County of Flagler

INVITATION FOR BID

25-ITB-078

FLAGLER COUNTY BEACH NOURISHMENT PROJECT - REACH II

FPN 429573-1-38-01

RELEASE DATE: March 5, 2026

RESPONSE DEADLINE: May 7, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid #25-ITB-078 Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Table Of Contents

1. Advertisement

2. Instructions to Bidders

3. Submittal Forms

4. Contract Execution

5. Standard Terms & Conditions

6. Standard General Conditions

7. Special Provisions

8. Pricing Proposal

9. Attachments/Exhibits

Attachments:

A - Flagler County Construction Beach Fill Plans

B - Flagler Reach 2 Tech Specs Formatted

C - Permit Drawings - 2025-03-05 Flagler Phase 2 Revised Permit Drawings-signed

D - Physical Monitoring Plan - Attachment 23 Flagler County Physical Monitoring Plan 2025-01-13

E - Sediment QAQC - Flagler County Permit Mod Attachment 16f Sediment QAQC Plan

F - FDEP Permit - FO Flagler County Beach and Dune Restoration Project - 0379716-003-JM

G - Geotechnical Investigation - 2024-03 Flagler Geotechnical Investigation

H - Geotechnical Investigation - Flagler 2020 Geotechnical Investigation

I - USACE Geotech - USACE 2015 Feasability Study - AppendixD Geotechnical

J - Cultural Resource Report - 24-PC-01778 Flagler Final Report [July 2024]

K - Archaeological Survey - FLAGLER INTERIM TECH REPORT [OA] 25 NOV 2019

L - 2026-02-02 Flagler Phase 2 Bid Schedule revised

M - Federal Requirements

N - FDEP Agreement - 23FL2 A2 Flagler County Hurricane Recovery Project

O - Contract_Form

P - Project Contract Forms

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Q - USACE Permit - 20251014-SP Proffered Permit Form

R - BOEM Lease - OCS_A_0572_BOEM Lease Flagler Phase II Executed 8-21-2025

S - NOAA VSAM - Vessel Strike Avoidance Measures

T - Statements of Understanding - 20251016 PA 4673-01484 PN 714658 and PA 4680-00153 PN 714659

DOCUMENT SOU

U - Example Payment and Performance Bond Form 337 18 Version May 6 2014 doc

V - Example Warranty Bond Form

W - Flagler County_Construction Beach Fill Plans 2026-03-04_RevSHT25

X - Flagler County_Construction Beach Fill Plans 2026-03-04_RevSHT26

Y - README

Z - 2025-03_BeachProfiles_NAVD88

AA - 2019-05_BorrowArea_NAVD88

BB - Flagler County Reach 2 Pre-Bid Meeting Presentation_print

CC - Example Photography of Concrete Debris

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

1. Advertisement

FLAGLER COUNTY

ADVERTISEMENT FOR BIDS

FOR

Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Sealed bids for furnishing all labor, materials, equipment and supervision for nourishment of portions of the

Flagler County beach and dune system in conformance with the project plans and contract documents. The project will consist of constructing and an elevated beach berm, dune and vegetation in accordance with the project plans and specifications. The scope of work includes but is not limited to the following:

mobilization/demobilization; preparation and restoration of the work site and access points, mechanical screening of dredge material; structural inspection and vibration monitoring; beach tilling/decompaction;

endangered species monitoring and observation; sea turtle trawling; sand fencing and post & rope; and placement of sand and dune vegetation, performance of all operations and surveys in connection with the construction and other related items incidental to the work as the Bid in accordance with the Contract

Documents. All work shall be constructed in accordance with the Contract Documents.

The project covers a distance of 5.5 miles with a total estimated fill requirement of 1,800,000 CY.

A Non-Mandatory Pre-Bid Meeting for all interested parties will be held on Tuesday, March 31, 2026 at 1:00 pm at

3rd Floor Financial Services Conference Room 1769 East Moody Blvd Bldg. 2 Bunnell, FL 32110. Although the

Pre-Bid Meeting is not mandatory, it will offer potential bidders the only opportunity to ask questions and discuss the project directly with staff.

Interested Bidders may secure proposal documents and all other pertinent information by visiting the website of OpenGOV at www.procurementopengov.com/signup .

Interested firms are to submit a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/flaglercounty by the date and time posted.

Bids must be accompanied by a certified check, bank draft, or satisfactory Bid Bond, drawn in the favor of Flagler

County in the amount of five percent (5%) of the total bid as shown on the Bid Form. No Bidder may withdraw his Bid after the scheduled closing time for receipt of Bids. All Bids must be firm for a period of ninety (90) days after the time set for opening Bids.

No person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may submit a Bid for a period of 36 months from the date of being placed on the convicted vendor list.

http://www.procurementopengov.com/signup

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

The successful Bidder will be required to furnish and pay for satisfactory Contract Bonds (Performance and

Payment) and appropriate Warranty Bond.

Upon award of contract, a Certificate of Insurance must be provided indicating compliance with the criteria and for the coverage(s) in the Standard Terms and Conditions of the Agreement between the County and the selected Contractor.

Interested firms are to submit bids through OpenGov Procurement at https://procurement.opengov.com/portal/flaglercounty. Bids must be received on or before 2:00 pm, Thursday, May 7, 2026, after which time they will be publicly opened via Opengov and read aloud.

Bids received after the specified date and time will not be accepted. Mailed, Faxed or E-mailed Bids will not be accepted.

Flagler County reserves the right to reject any and all Bids, to award all or segments of the project and to waive any informality in Bids received, as may be in the best interest of the County.

NOTICE TO BIDDERS/PROPOSERS

To ensure that your Bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is purchasing@flaglercounty.gov mailto:purchasing@flaglercounty.gov

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

2. Instructions to Bidders

2:00 pm1. DEFINITION OF TERMS

Where the following terms, or their pronouns, occur herein, the intent and meaning shall be as follows:

OWNER: Flagler County Board of County Commissioners

ENGINEER: County Engineer or designee, 1769 E. Moody Boulevard, Building 2

Bunnell, FL 32110

CONTRACT: The agreement executed by the Owner and Contractor for the performance of work and the other documents (plans, specifications, notice to Bidders, proposal, surety bonds, addenda and other documents) whether attached thereto or not.

SURETY: Any person, firm or corporation which is bound by Public Construction Bond and Payment Bond with and for the Contractor and which engages to be responsible for his acceptable performance of the work and for payment of all debts pertaining thereto.

2. PREPARATION OF BID

To Ensure Acceptance of Your Bid, Please Follow These Instructions:

(a) All Bid Sheets including this form must be executed and submitted electronically through OpenGov

Procurement, at https://procurement.opengov.com/portal/flaglercounty by the date and time posted.

Bid must be typed or printed in ink. All corrections made by the Bidder prior to the opening must be initialed and dated by the Bidder. No changes or corrections will be allowed after Bids are opened.

(b) Bid must contain a manual signature of an authorized representative of the company.

(c) The Bid opening shall be public on the date and time specified on the Bid. It is the Bidder's responsibility to assure that the Bid is delivered at the proper time. Opengov will automatically close bid submissions at the deadline, and no bids will be accepted thereafter.

(d) Bidders shall examine the Contract Documents, delivery schedule, Bid prices and all general and special conditions of the Bid prior to submission and agree that submittal of a bid for the work is prime facie evidence he (they) have conducted such examinations.

(e) Bid must be accompanied by a Bid Bond in the amount specified in the Advertisement for Bids, the

Instructions to Bidders, or the Bid Bond form.

(f) Bids must be accompanied by a certified check, bank draft, or satisfactory Bid Bond, drawn in the favor of Flagler County in the amount of five percent (5%) of the total bid as shown on the Bid Form. No Bidder may withdraw his Bid after the scheduled closing time for receipt of Bids. All Bids must be firm for a period of ninety (90) days after the time set for opening Bids.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

(g) Bidders shall submit a list of subcontractors and major material suppliers to be used if awarded the contract. A copy of the form is provided in the Bid Documents and shall be attached to the Bidder’s

Proposal. Such listing shall include the name of each subcontractor where the work exceeds five percent (5%) of the Contract Price. If no subcontractors are required, so state thereon.

Upon request by the Engineer, the successful Bidder shall submit, within seven (7) calendar days thereafter, all data required to establish to the satisfaction of the Engineer and Owner, the reliability and responsibility of the proposed subcontractors to furnish and perform the work described in the Sections of the

Specifications pertaining to such proposed subcontractor’s respective trades.

Prior to the award of the Contract, the Engineer will notify the Bidder, after due investigation, if Owner has reasonable and substantial objection to any person or organization proposed as a subcontractor. The

Bidder then may submit an acceptable substitute at no increase in Bid price. If the Bidder fails to submit an acceptable substitute within seven (7) days of the original notification, the Owner then may, at his option, disqualify the Bidder, at no cost to the Owner, and award the contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder.

Subcontractors and other persons and organizations proposed by the Bidder and accepted by the

Owner and the Engineer must be used on the work for which they were proposed and accepted and shall not be changed without approval of the Owner and the Engineer.

(h) The successful Bidder will be required to furnish and pay for satisfactory Contract Bonds (Performance and Payment) and a one-year Warranty Bond, unless specified otherwise.

(i) Upon award of a contract a Certificate of Insurance indicating that the coverage(s) identified in the

Standard Terms and Conditions of the Contract Documents are in effect must also be provided. Such certification shall stipulate the County, the City of Flagler Beach, and Town of Beverly Beach are listed as an additionally insured and meet all other identified criteria.

(j) Interested firms are to submit a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/flaglercounty by the date and time posted. A bid bond in the amount of 5% must be included with your bid submittal. Bids must be received on or before Thursday, May 7, 2026at 2:00 pm. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Proposer. Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response. Failure to provide the required information may result in the

Response not being considered.

3. PRE-BID MEETING:.

A Non-Mandatory Pre-Bid Meeting for all interested parties will be held on Tuesday, March 31, 2026 at 1:00 pm in the Flagler County Government Services Building, Building No. 2, 1769 E. Moody Blvd., 3rd Floor

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Engineering Department Conference Room Bunnell, FL 32110. Although the Pre-Bid Meeting is not mandatory, it will offer potential bidders the only opportunity to ask questions and discuss the project directly with staff.

4. BID DEADLINE:

Bid must be submitted no later than the time and date given in the Advertisement For Bids or subsequent

Addenda thereto.

Bids will be received at 2:00 pm after which time they will be publicly opened and read aloud. Bids received after the specified date and time will not be accepted. Only bids submitted electronically through OpenGov will be accepted. Couriered, mailed or faxed bids will not be considered.

5. TIMETABLE:

Date of Distribution: Thursday, March 5, 2026

Non-Mandatory Pre-Bid Meeting: Tuesday, March 31, 2026, 1:00 pm at 3rd Floor Financial Services

Conference Room 1769 East Moody Blvd Bldg. 2 Bunnell, FL 32110

Last Date for Questions: Friday, April 3, 2026

Final Addendum Issued by: April 21, 2026

Bids Due and Opening: Thursday, May 7, 2026, 2:00 pm

6. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:

1. To ensure fair consideration for all bidders, the County prohibits communication to or with any department, division or employee during the bid process, except as provided below.

2. All questions or inquiries relative to interpretation of specifications or the bid process shall be addressed in writing as indicated below and must be received by the Last Date of Inquiries as indicated in the Timetable advised under the Overview. Inquiries after this date may not be given consideration. Any interpretation made to prospective bidders will be expressed in the form of a written addendum which, if issued, will be sent to all prospective bidders no later than seven (7) calendar days before the date set for receipt of the bids. Oral answers will not be authoritative.

3. It will be the responsibility of the bidder to contact the Purchasing Department prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid.

4. All questions or concerns related to this Invitation to Bid (ITB)must be submitted exclusively through the

Questions & Answers section on OpenGov.

7. COMMUNICATION

There shall be no communications between the Vendor, their employees or subcontractors concerning this project to anyone within the Flagler County BCC, including but not limited to, all County employees and

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01 elected officials (hereafter referred to as “County Representative”), except through the Purchasing

Department.

Any attempt to communicate with any County Representative outside the Purchasing Department will be considered a violation of the Purchasing Policy and may result in the removal of your company from the bidders list for this project, and/or removal or suspension of your company from future bidders lists.

8. EXPLANATION TO BIDDERS:

Each Bidder shall examine the Bidding Documents carefully; he shall make a written request through OpenGov under the Questions & Answers section to the County for interpretations or corrections of any ambiguity, inconsistency or error, which he may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications.

No negotiations, decisions or actions can be relied on by the Bidder as a result of any oral discussions with any

County employee prior to the opening of proposals. Only those communications, which are in writing from the County, may be considered as a duly authorized expression on behalf of the County. Also, only written and signed communications from Bidders will be recognized by the County as duly authorized expressions on behalf of Bidders.

9. MANUFACTURERS' NAME AND APPROVED EQUIVALENTS:

Manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The Bidder may offer any brand for which he is an authorized representative, which meets or exceeds the specifications for any item(s). If Bids are based on equivalent products, indicate on the Bid Form the manufacturers' name and catalog number. Bidder shall submit with his Bid, cuts, sketches, and descriptive literature and/or specifications. The Bidder should also explain in detail the reasons(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. Flagler County reserves the right to be the sole judge of what is equal and acceptable. Bids, which do not comply with these requirements, are subject to rejection. If Bidder fails to name a substitute, it will be assumed that he is bidding on, and he will be required to furnish goods identical to the Bid standard.

10. ADDITIONAL TERMS AND CONDITIONS:

The County of Flagler reserves the right to reject Bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

11. TAXES:

The County of Flagler is exempt from Federal Excise Taxes and all Sales Taxes.

12. LIABILITY:

The Contractor shall hold and save the City of Flagler Beach, Town of Beverly Beach, and the County of Flagler, their officers, agents, and employees harmless against claims by third parties resulting from the Contractor’s breach of Contract or the Contractor’s negligence.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

13. LICENSES:

The Contractor shall be responsible for obtaining and maintaining his City and County occupational license and any licenses required pursuant to the laws of Flagler County or the State of Florida.

14. PUBLIC ENTITY CRIMES STATEMENT:

Bidders must complete and return with Bid/Proposal the Sworn Statement to Public Entity Crimes pursuant to

Section 287.133(3)(a), Florida Statutes.

15. PREPARATION AND SUBMISSION OF BID:

Each Bidder shall submit Bid Prices on this documentation in the proper spaces and substitutions on which he

Bids. Any erasures or other corrections in the Bid must be explained or noted over the signature of the

Bidder. Bids containing any conditions or irregularities of any kind may be rejected by Flagler County. It is the intention of the County to award this Bid based on the low total Bid price meeting all Contract Document

Requirements.

16. PENALTIES:

BIDS MAY BE REJECTED AND/OR BIDDERS DISQUALIFIED FOR THE FOLLOWING REASONS:

1. Consistent failure to respond to Bid invitation for three (3) consecutive instances.

2. Failure to update the information on file including address, product, service or business descriptions.

3. Failure to perform according to Contract provisions.

4. Conviction in a court of law of any criminal offense in connection with the conduct of business.

5. Evidence of a violation of any Federal or State anti-trust law based on the submission of Bids or proposals, or the awarding of Contracts.

6. Evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board's purchasing activity.

7. Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid.

8. Other reasons deemed appropriate by the Board of County Commissioners.

17. WITHDRAWAL OF BIDS:

Bids may be withdrawn by written or orally verified telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. Faxed withdrawals will not be recognized.

18. RECEIPT AND OPENING OF BIDS:

Bids will be opened by unsealing bid submissions via OpenGov at the date and time specified in the Invitation to Bid. The OpenGov system will automatically close the ITB at the deadline, and no late submissions will be

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01 accepted. At the time of opening, bid results will be published and made available online for the information of bidders and interested parties. It is the bidder's responsibility to ensure their submission is properly uploaded and finalized within the portal prior to the bid submission deadline.

The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving Bids.

19. REJECTION OF BIDS/PROPOSALS:

The County reserves the right to reject any and/or all Bids when such rejection is in the best interest of the

County.

20. AWARD OF BIDS:

The Bid will be awarded as soon as possible to the lowest responsible Bidder.

21. BID CHALLENGE:

Any Bid award recommendation may be challenged administratively on the grounds of irregularities in the Bid procedure, or the evaluation of the Bid. Such notice of intent of Bid challenge shall be made in writing to the

County within seventy-two (72) hours after receipt of the intended recommendation of award and challenger shall file a formal written Bid challenge within five (5) days after the date in which the notice of intent of Bid challenge has been submitted. Failure to file a notice of intent of Bid challenge or failure to file a formal written Bid challenge shall constitute a waiver of all administrative rights granted under this section.

At the time fixed for the opening Bids, the contents of the Bid Form will be made public for the information of

Bidders and other interested parties, who may be present either in person or by representatives. This section confers no judicially enforceable rights. Its sole purpose is to give unsuccessful Bidders a formalized opportunity to complain about the process.

22. CANCELLATION:

The Contract with the successful Bidder may be terminated by the County without cause by giving a minimum of thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end of the thirty (30) day period. The County may terminate the Contract at any time as a result of the Contractor's failure to perform in accordance with these specifications and applicable Contract. The County may retain/withhold payment for nonperformance if deemed appropriate to do so by the County.

23. DISPUTES:

The Contract Agreement for this project will be conditioned on venue for any disputes being in the Seventh

Judicial Circuit in and for Flagler County.

The Board of County Commissioners, Flagler County, reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposals as may be deemed to be in the best interest of the

County.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Final payment for items of work will be based on items actually completed, accepted and in place at the conclusion of the project.

Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized alterations of form, unauthorized alternate Bids, incomplete or unbalanced Bids, or irregularities of any kind.

Only one (1) Bid from any individual, firm, partnership or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one Bid for the work contemplated, all Bids in which such Bidder is interested will be rejected.

If the Bid is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under this individual signature and his post office address shall be shown. If made by a co-partnership, the Bid shall be executed for the co-partnership by setting out in full, the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners and the post office address of each of the partners shall be shown. If made by a corporation, the Bid shall be executed by setting out the corporation name in full, followed by a statement that it is incorporated and existing under the laws of the named state, and if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and by being signed by its president or other authorized corporate officer, with its corporate seal affixed and attested by its secretary, and the address of its principal place of business shall be shown.

24. BID SECURITY:

Each Bid must be accompanied by a certified check, cashier’s check, or Bid bond payable to the Owner for an amount equal to at least five percent (5%) of the amount of Bid. The Owner will, within ten (10) days after the opening of the Bids, return the deposit of all Bidders except those posted by the three lowest acceptable

Bidders, whose deposit will be returned upon the final award and execution of the Contract between the successful Bidder and Owner, and after a satisfactory Public Construction Bond and Payment Bond have been executed.

25. COMPETENCY OF BIDDERS:

The Owner reserves the right to make such investigations as he may deem necessary to establish the competency and financial ability of any Bidder to perform the work; and if after investigation, the evidence of his competency or financial ability is not satisfactory, the Owner reserves the right to reject his Bid.

26. CONSIDERATION OF BIDS AND AWARD OF CONTRACT:

If the Contract is awarded, the Owner will accept the Bid and award the Contract to the successful Bidder, by written notice, within ninety (90) days after the opening of Bids.

Upon determination by the Board of County Commissioners, failure on the part of the successful Bidder to execute a Contract and file an acceptable bond within ten (10) days from the notice of acceptance shall be just cause for annulment of the award and the forfeiture of the Bid security or a portion thereof. The Owner may then accept the Bid of the next lowest responsible Bidder or re-advertise for Bids. If the Bid of the next lowest

Bidder is accepted, the acceptance shall bind such Bidder as though he were the original successful Bidder.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

The Owner reserves the right to increase the extent of the project at the same unit or lump sum prices as Bid, but such increase in quantities shall not exceed twenty percent (20%) of the original Bid unless agreed to by both the Owner and Bidder.

The Owner reserves the right to reject any or all Bids and to waive informalities or to accept any Bid or combination of Bids which, in the Owners judgment, will best serve his interest.

27. CONTRACT SECURITY:

The Contractor shall furnish a Public Construction Bond, Payment Bond and appropriate Warranty Bond in a penal sum of at least 100% of the amount of the Contract as awarded, as security for faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment or services of any nature employed or used by him in performing the work. Such bonds shall be in the form of bond furnished and shall bear the same date as the

Contract, or a date subsequent to the date of the Contract. The surety on such bonds shall be duly authorized and nationally recognized surety company satisfactory to the Owner. In the event the Contract price is increased by Contract Amendment, the value of the bonds shall be increased to an amount equal to 100% of the amended Contract price.

28. CONSTRUCTION PLANS AND SPECIFICATIONS:

The Construction Plans, Specifications and all supplementary documents are essential parts of the Contract

Documents and requirements occurring in one are considered as occurring in all. They are intended to be cooperative, to describe and provide for the construction of a complete unit or group of units, ready for operation. In case of discrepancy computed dimensions shall govern over scaled dimensions, plans and special provisions shall govern over standard specifications.

29. CONSTRUCTION CONDITIONS:

All of the conditions which are known to affect the performance of the work have been shown on the plans and/or described elsewhere in other areas of the Contract Documents, but the Owner makes no representation that the condition as shown or described are the conditions that will be found in the field when actual construction is undertaken. It will be the Bidder's responsibility to examine the Specifications and related documents as well as the site of the work to determine, to his satisfaction, the surface and subsurface conditions related to the construction contemplated; and failure to do so will not relieve the Contractor of complete and satisfactory performance under this Contract.

30. LAWS AND REGULATIONS:

The Bidder's attention is directed to the fact that all applicable local, state, and Federal laws and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout and they will be deemed to be included in the Contract Documents the same as though herein written out in full.

31. FLORIDA PROMPT PAYMENT ACT:

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

Payments shall be in accordance with Part VII of Ch. 218, Florida Statutes, the “Local Government Prompt

Payment Act.”

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

3. Submittal Forms

1. Forms/Documentation

1.1. Bidders Checklist*

Please download the below documents, complete, and upload.

• Bidders_Checklist.pdf

*Response required

1.2. Bid Bond*

Please download the below documents, complete, and upload.

• Bid_Bond.pdf

*Response required

1.3. Bid Submittal Form*

Please download the below documents, complete, and upload.

• Bid_Submittal_Form.pdf

*Response required

1.4. Affidavit of Non-Collusion*

Please download the below documents, complete, and upload.

• Affidavit_of_Non-Collusion.pdf

*Response required

1.5. Human Trafficking Attestation Pursuant to Section 787.06, Florida Statutes*

Download the attached form, complete, and upload completed form.

• Anit_Himan_Trafficking_Form...

*Response required

1.6. Certification of Compliance with Florida Trench Safety Act*

Please download the below documents, complete, and upload.

• Certification_of_Trench_Saf...

*Response required

1.7. Drug-Free Workplace*

Please download the below documents, complete, and upload.

https://government-project.s3.us-west-2.amazonaws.com/233104/e2ca621d-8857-4dc4-9dcc-66f689cdcbc4_Bidders_Checklist.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/5a2f7b32-d119-4500-891d-7914f15a920c_Bid_Bond.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/f2961437-2122-4506-9339-42cb8ccdcbed_Bid_Submittal_Form.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/50c21893-389c-49ce-ac4a-6711d7d76b56_Affidavit_of_Non-Collusion.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/5914db5f-2e67-4b71-b101-808c030fde6b_Anit_Himan_Trafficking_Form.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/d3cbe19f-a7b2-4021-980f-69cced9cf8da_Certification_of_Trench_Safety_Act.pdf

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

• Drug_Free_Work_Place.pdf

*Response required

1.8. E-Verify Acknowledgement*

Please download the below documents, complete, and upload.

• E-Verify.pdf

*Response required

1.9. List of Proposed Subcontractors

Please download the below documents, complete, and upload.

• List_of_Proposed_Sub_Contra...

1.10. Sworn Statement Pursuant to Section 287.133 FS Public Entity Crimes*

Please download the below documents, complete, and upload.

• Sworn_Statement-_Public_Ent...

*Response required

1.11. W-9*

Please attach current W-9 Form

*Response required

1.12. Vendor Information Form*

Please download the below documents, complete, and upload.

• Vendor_Information_Form.pdf

*Response required

1.13. Proof of Insurance *

Please provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and Flagler County contact person.

Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the response

*Response required

1.14. Byrd Anti-Lobbying Certification*

Please download the below documents, complete, and upload.

• Byrd_Anti_Lobbying_Certific...

https://government-project.s3.us-west-2.amazonaws.com/233104/39ebd712-ecd0-4b2b-bac4-b9ceaaf0bdd0_Drug_Free_Work_Place.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/f3a6e41b-43d7-4157-81f9-6a91d8bbb30e_E-Verify.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/9c6272fe-3d9f-480c-9ff9-3af2f376b5ba_List_of_Proposed_Sub_Contractors.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/49d7c499-cd00-4457-97fe-60782fd9e2bc_Sworn_Statement-_Public_Entity_Crimes.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/055d0cb5-5f8d-4daf-a668-412465af1918_Vendor_Information_Form.pdf https://government-project.s3.us-west-2.amazonaws.com/233104/92bb98f7-58f9-4cc9-b051-14bd3b2ebc90_Byrd_Anti_Lobbying_Certification.pdf

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

2. Acknowlegements

2.1. Registration on SAM.gov*

For any federally funded project, bidder agrees to register on SAM.gov if awarded a contract under this solicitation.

☐ Yes

☐ No

*Response required

When equals "Yes"

2.1.1. Please provide your UEI#*

*Response required

2.2. Registration on Sunbiz.org*

☐ Yes

☐ No

*Response required

When equals "Yes"

2.2.1. Please provide your Sunbiz.org Document Number*

*Response required

When equals "Yes"

2.2.2. Please upload your Sunbiz.org certificate.*

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

4. Contract Execution

CONTRACT

FOR

Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

This Contract, entered into this day of , 20___ by and between the Flagler County Board of County Commissioners, hereinafter called the COUNTY, and ______________________________________ , hereinafter called the CONTRACTOR.

WITNESSETH: That the COUNTY agrees with the CONTRACTOR, as follows:

1. The Contract shall consist of the following, all of which are hereby made a part thereof:

1. Advertisement for Bids, Instructions to Bidders, Bidders Check List, Standard General Conditions, Standard Terms and Conditions and the Bid with any accompanying documents.

2. Plans and Specifications, Special Provisions, Technical Specifications, Project Permits, any

Addendum (No. __) or other information provided to the prospective bidders prior to receipt of bids.

3. Bid Bond and Payment and Performance Bond

4. Insurance Certificate(s)

5. Project Forms

2. The CONTRACTOR agrees to furnish all labor, equipment, material and the skill necessary for the complete work as set forth in the component parts of the Contract, now on file in the Office of the Clerk of the

Circuit Court at the Flagler Courthouse, Bunnell, Florida, described herein and to the satisfaction of the COUNTY or its duly authorized representative.

3. The CONTRACTOR agrees to commence the work to be done under this Contract on the date to be specified in the Notice to Proceed and fully complete all work hereunder within Two Hundred Forty (240) calendar days from the date set forth in the Notice-to-Proceed as completion date.

4. The COUNTY agrees to pay the CONTRACTOR for the faithful performance under this Contract the approximate amount of_____________________________________________ ($______________________) based on the estimated quantities and unit or lump sum prices contained herein and subject to additions or deductions as herein provided.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

ATTEST: FLAGLER COUNTY BOARD OF

COUNTY COMMISSIONERS

Tom Bexley, Clerk of the Chair

Circuit Court and Comptroller

APPROVED–AS-TO-FORM

Sean Moylan, Deputy County Attorney

ATTEST: CONTRACTOR:

BY: BY: __________________________

(Signature) (Signature)

(Typed or Printed Name) (Typed or Printed Name)

(Title) (Title)

CORPORATE SEAL:

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

5. Standard Terms & Conditions

The following terms and conditions shall apply to the Contract, Agreement, Bid or Quote with Flagler

County. The following shall prevail over any inconsistent provisions of the Contract, Agreement, Bid or Quote.

1. Late payments of any sum due by Flagler County shall be in accordance with the Florida Prompt

Payment Act applicable to local governments.

2. This Agreement shall be construed under the laws of the State of Florida, except its conflict of laws provisions, and venue for any disputes shall be in 7th Judicial Circuit in and for Flagler County, Florida. If any provision of this Agreement is in conflict with any applicable statutes, rule or ordinance, or is otherwise unenforceable, then such provision shall be deemed null and void to extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement.

3. If the vendor is contracted to provide products, such products shall be free of all liens, claims or encumbrances, and the vendor warrants that is has clear title to the products being delivered.

4. If the vendor is contracted to provide services, such services shall be fully satisfactory to the County as determined by the County.

5. The County retains the right to reject any product or service with which it is not completely satisfied and may in such situations withhold payment until the product or service is made acceptable, or may reduce the amount it owes under the Contract, Agreement, Bid or Quote, or may rescind the Contract Agreement, Bid or Quote.

6. The vendor shall provide the County with any data, reports or other information as required and requested by the County to enable it to utilize the product or service furnished by the vendor. At the convenience of and at no expense to Flagler County, the vendor may be required to provide training to County employees in the operation and maintenance of any item purchased unless otherwise specified.

7. In furnishing the service or product to the County, the vendor shall comply with all Federal, State, and

County laws, rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations, and codes may be grounds for delaying or reducing the amount due, or in rescinding the Contract, Agreement, Bid or Quote.

8. The vendor shall hold the County harmless from all claims, damages, costs, including reasonable attorneys fees, expert witness fees, consultant fees and litigation expenses, arising out of the vendor's delivery of the product or service to the County for any negligent acts, errors, or omissions by the vendor, its employees or its agents. The parties to the Agreement hereby acknowledge that specific consideration has been given for this indemnity clause. To conform with F.S.725.06 in the event the Contract, Agreement, Bid or

Quote involves a construction project within the meaning of the statute, the County is providing a specific consideration to the vendor of one dollar ($1.00) paid in hand, which vendor hereby accepts as fulfilling the obligations of the statute. The obligations of this paragraph shall survive the acceptance of any goods and/or performance, and payment therefore by the County.

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

9. Flagler County is obligated only to the extent that funds are included in the County's fiscal year and/or capital budget. Should the County not include funds for this expense the Agreement is null and void.

10. Flagler County does not award publicly funded Contracts to those who knowingly employ unauthorized alien workers in violation of section 274A of the Immigration and Naturalization Act. 8 United States Code

§1324(a). Such employment deprives legal workers of job opportunities. Violation of section 274A shall be grounds for unilateral cancellation of the Contract, Agreement, Bid or Quote for purchase of services and goods by Flagler County.

11. The vendor will not discriminate against any employee in the performance of this Agreement, or against any applicant for employment, because of race, creed, color, handicap, national origin, or gender.

12. No waiver by the County for any right or remedy granted hereunder and no failure by the County to insist on strict performance shall affect or extent or act as a waiver of any other right or remedy of the County hereunder, nor shall it affect the subsequent exercise of the same right or remedy by the County for any further or subsequent default by the vendor.

13. Upon the award of a Bid, the County shall require evidence that the vendor's operations are covered by personal injury insurance, property damage liability insurance, worker's compensation insurance, and/or insurance coverage as follows:

INSURANCE: Unless otherwise specified, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to

County.

Coverage Minimum Amounts and Limits

(a) Worker's Compensation Statutory requirements at location of work*

Employer's Liability $ 1,000,000 Each Occurrence

$ 1,000,000 Disease, Aggregate

$ 1,000,000 Disease, Each Employee

(b) Commercial General Liability $ 5,000,000 Annual General Aggregate

$ 5,000,000 Products-Comp. Ops Aggregate

$ 2,000,000 Each Occurrence

$ 1,000,000 Fire Damage

$ 5,000 Medical Expense

(c) Automobile Liability $1,000,000 Combined Single Limit (owned, hired and non-owned)

Option of Split Limits:

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01

(1.) Bodily Injury $ 1,000,000 Per Person

$ 1,000,000 Per Accident

$ 2,000,000 General Aggregate

(2.) Property Damage $ 1,000,000 Each Occurrence

$ 2,000,000 General Aggregate

(d) Professional Liability $1,000,000 Per Claim

(when applicable) $1,000,000 Annual Aggregate

(e) Builder’s Risk/Installation Floater (If over $25,000) with a Deductible of $10,000 or less.

Roadways/Buildings 100% of Completed Value

Machinery/Equipment 100% of Value

*Note: If the Contractor is using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), proof shall be provided to ensure that such employees are covered by Worker’s

Compensation insurance through the PEO’s or other leasing entity/ies. Proof shall also be provided to ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida’s

Workers’ Compensation law.

Insurance carrier(s) must have a minimum financial rating of A-.

Coverage shall apply to the indemnity provided to the Florida Department of Transportation, the County, and shall include the Department and Flagler County as additional insureds, as regards to liability arising out of

Contractor's performance of the work or the work performed by others on behalf of Contractor under this

Contract. The insurance afforded to the Department and the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Contract with the County, Contractor shall furnish County with Certificates of Insurance (identifying on the face thereof the

Project name and Contract number) as evidence of the above required insurance and such Certificates shall include the following language: Florida Department of Transportation and Flagler County as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until all obligations under the Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, the contractor or vendor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty

(30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (ten (10) days). The cancellation clause should read as follows: “Should any of the described policies be canceled or materially modified before the expiration date thereof, the issuing company will mail thirty (30) days prior written notice

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01 to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall then be ten (10) days unless a longer time is prescribed by Florida Statutes.”

In addition, the Contractor and its subcontractors shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under this agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General

Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The State of Florida

Department of Transportation to be made an Additional Insured as to such insurance. Such insurance shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The Coverage afforded the Department of Transportation and Flagler County as an Additional Insured shall be primary as to any other available insurance and shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under this Agreement and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured

Retention. Prior to the execution of this Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department of Transportation and Flagler County shall be provided with an

ACORD Certificate of Liability Insurance reflecting the coverage described herein.

The COUNTY will not maintain any insurance on behalf of Contractor covering loss or damage to the work or to any other property of Contractor.

None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract.

Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the

COUNTY. Notices, in original and one copy of cancellation, termination and alteration of such policies shall also be provided to the agent of the COUNTY.

14. Where required by the County, the vendor shall furnish a satisfactory performance and payment bond within thirty (30) calendar days after notification of the Bid award, unless a different time is agreed upon or specified by the County. Failure to furnish a bond within the required period shall be cause for rejection of the

Bid and Bid deposit may be retained by the County as payment for damages.

15. No Contract, Agreement, Bid or Quote, nor any part thereof, shall be assigned or delegated without the

County's advance written consent. Such consent shall neither relieve the vendor from its obligations nor change the terms of the Agreement. If the County consents to assignment, the vendor agrees to include in the subcontract a provision that the subcontractor shall hold the Florida Department of Transportation and Flagler

County harmless against all claims of whatever nature arising out of the subcontractor's performance of work.

16. Insofar as this Agreement may delegate governmental or legislative functions to a private entity, and the private entity would be subject to public records laws codified in Chapter 119, Florida Statutes, and the public meeting requirements codified in Chapter 286, Florida Statutes, the vendor acknowledges familiarity

Title: Flagler County Beach Nourishment Project - Reach II FPN 429573-1-38-01 with the above-referenced statutes and agrees to comply with the same unless the public records are specifically exempted or the meeting is specifically not subject to the provisions of Chapter 286, Florida

Statutes. The County may unilaterally cancel this Agreement for any improper refusal by provider to hold a meeting or provide public access to public records as required by Chapter 119, Florida Statutes, made or received by the provider in conjunction with this Agreement.

17. The Contractor and any subcontractors shall comply with all Federal, State, County, and City…