Grant_Funded_Construction_of_Rummell_Road_Trail.pdf

INVITATION TO BID (ITB)

2025-131

GRANT FUNDED CONSTRUCTION OF RUMMELL ROAD TRAIL

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: August 31, 2025

DEADLINE FOR QUESTIONS: September 19, 2025

RESPONSE DEADLINE: October 7, 2025, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stcloud

City of St. Cloud

INVITATION TO BID (ITB)

Grant Funded Construction of Rummell Road Trail

I. INTRODUCTION

II. ADVERTISEMENT FOR BIDS

III. INSTRUCTIONS TO BIDDERS

IV. QUALIFICATION OF BIDDERS

V. SCOPE OF WORK

VI. BID FORM

VII. PROPOSAL FORMS (SUBMITTAL)

VIII. INSTRUCTIONS TO CONTRACTORS

IX. BOND REQUIREMENTS

X. INSURANCE REQUIREMENTS

XI. FEDERAL REQUIREMENTS

Attachments:

A - PLANS APPROVED-SDP23-0139 2025-02-27

B - Sect-20 Special Conditions Rummell Road Trail

C - SECT-58 HIGHWAY SIGNING

D - SECT-59 REFLECTIVE PAVEMENT MARKERS

E - SECT-61 PAVEMENT MARKING REMOVAL (THERMPLASTIC)

F - SECT-60 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS

G - Contractual_Documents

H - Payment_And_ContractCompletion_Forms

I - Payment_Bond

J - Performance_Bond

K - Insurance Requirements

L - Sample Certificate of Insurance

Invitation To Bid (ITB) #2025-131 Title: Grant Funded Construction of Rummell Road Trail

M - Building Fees Schedule 2025-004R

N - FDEP Agreement Exhibit F Appendices A and E

O - FDEP Agreement Exhibit G 49 CFR 26.13 What Assurances Must Recipients and

Contractors Make?

P - FDEP Agreement Exhibit H Doing Business With FHWA

Q - FDEP Agreement Attachment 8 Contract Provisions for the Department of

Transportation (DOT) Funded Agreements

R - FDEP Agreement Attachment 9 Required Contract Provisions Federal-Aid

Construction Contracts

S - SECT-30 GENERAL

T - SECT-31 SITE PREP SURF REMOVE

U - SECT-32 EXCAVATION BACKFILL COMPACTION GRADING

V - SECT-36 PAVEMENT REMOVAL AND RESTORATION

W - SECT-37 ROADWAY CONSTRUCTION STANDARDS

X - SECT-38 CONCRETE

Y - SECT-39 GRASSING AND SEEDING

Z - SECT-56 CULVERTS AND STORM SEWERS

AA - SECT-57 INLETS MANHOLES AND JUNCTION BOXES

1. INTRODUCTION

1.1. Summary

The project proposes to construct an 8-foot wide asphalt trail approximately 6,400 linear feet in length and a 5-foot wide concrete sidewalk approximately 1,125 linear feet in length in the right of way and within easements along Rummell Road in St. Cloud Florida. The project will include clearing and demolition of existing features, the relocation of various utilities, the installation of storm water piping and structures, concrete driveway and sidewalk construction, signage and striping for the trail. The trail head park segment will also include the installation of a asphalt parking area, concrete sidewalks, stormwater piping, stormwater structures and the excavation and grading of a dry pond.

This project will be partially funded by the State of Florida Department of Environmental Protection

Recreational Trails Program (RTP).

1.2. Timeline

Release Project Date: August 31, 2025

Pre-Proposal Meeting (Non-Mandatory): September 9, 2025, 9:00am

Procurement Services Department/ City Hall/

Building A/ 2nd Floor/ 1300 9th Street, St.

Cloud, FL 34769

Question Submission Deadline: September 19, 2025, 5:00pm

Proposal Submission Deadline: October 7, 2025, 10:00am

1.3. Additional Project Information

Project Budget: $1,600,000.00

Days to Substantial Completion: 300

Days to Final Completion: 60

2. ADVERTISEMENT FOR BIDS

2.1. Notice

The City of St. Cloud is seeking competitive bids for the following:

INVITATION TO BID (ITB) NO. 2025-131

Grant Funded Construction of Rummell Road Trail

TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED THROUGH

https://procurement.opengov.com/portal/stcloud

BID OPENING WILL BE Tuesday, October 7, 2025 AT 10:00 am LOCAL TIME

VIA A VIRTUAL ZOOM MEETING

Bid plans and specifications are available online via the City’s e-Procurement Portal (“Portal”) at https://procurement.opengov.com/portal/stcloud Bids shall be according to the specifications, terms and conditions, and shall be on the forms provided. A Non-Mandatory Pre-Bid Conference will be held on Tuesday, September 9, 2025 at 9:00 am local time at Procurement Services Department/ City Hall/

Building A/ 2nd Floor/ 1300 9th Street, St. Cloud, FL 34769. Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s

Questions and Answers tab. The deadline for submitting questions is 5:00 pm, Friday, September 19, 2025. Questions will not be accepted if received after this date and time.

Answers for timely questions will be addressed in the OpenGov question and answer module and as an addenda to this solicitation. Participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of an addendum which will be available for download. All addenda and questions/answers so issued shall become part of the Contract

Documents and receipt shall be acknowledged as specified herein.

Submission of a bid/proposal/submittal shall constitute an acknowledgement by the Bidder that he/she has thoroughly examined and is familiar with the Invitation to Bid (ITB). The failure or neglect of a Bidder to examine the Invitation to Bid (ITB) shall in no way relieve him/her of any obligations with respect to either his/her bid or the Invitation to Bid (ITB). No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid (ITB).

Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The City is ONLY accepting electronic bid submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov, click on "Submit Response", and follow the instructions to submit the electronic bid.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The City shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

For Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred) - Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com, Phone: 1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST mailto:procurement-support@opengov.com

3. INSTRUCTIONS TO BIDDERS

3.1. SPECIFICATION OF TERMINOLOGY OR GLOSSARY OF TERMS

Definition of Terms:

Whenever in these specifications the following terms (or pronouns which replace these terms) are used, their intent and meaning shall be interpreted as follows:

Addenda

Addenda are written or graphic instruments issued prior to the execution of the Contract, which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

Advertisement

The public notice inviting the submission of bids for the work.

Bid Bond / Deposit

An original bid bond executed by Bidder and his Surety, guaranteeing that Bidder, if awarded contract, will execute same, in an amount of not less than five percent (5%) of the total bid amount shall be submitted. Bid security may be in the form of cashier's check made payable to the City of St. Cloud, Florida or an original bid bond with Surety satisfactory to the Owner. A combination of any of the former is not acceptable; bid guaranty shall be in a single, acceptable instrument. The Owner will accept only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida, and as are acceptable to the Owner.

Bidder

Any individual, firm, partnership or corporation submitting a proposal for the work contemplated.

Bid Form (or Proposal)

The written offer of bidder to perform the work as specified at specified price.

Change Order

A written order initiated by the properly authorized representative of the Owner directing the

Contractor to perform changes, additions or deletions to the work. A Change Order shall be executed in the same manner as contract or agreement documents, meaning that the same person(s) shall affix proper signatures, seals, etc. All Change Orders shall be effective only when signed by the Owner, Architect/Engineer, and Contractor.

The contract sum and contract time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the contract sum or the contract time.

Contract

"Contract" shall mean the Contract Documents as defined and listed herein, advertisement, instructions to bidders, bid form, bid bond, contract agreement, payment and performance bonds, general and special conditions, and specifications, together with all addenda and supplemental agreements. The

Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect/Engineer and the Contractor, but the Architect/Engineer shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract documents shall create any contractual relationship between the Owner or the Architect/Engineer and/or Subcontractor or Sub-subcontractor.

Contractor

Any individual, firm, partnership or corporation entering into an agreement or contract to perform the work specified herein.

Date of Substantial Completion

Date of Substantial Completion is the day the project or designated portion thereof is certified by the

Architect/Engineer the Owner can occupy or utilize the work or designated portion thereof for the use for which it is intended.

Drawings

The drawings or reproductions thereof pertaining to the work to be performed and which have been prepared or approved by the Architect/Engineer.

Architect of Record (Architect not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:

NA

NA

NA

Engineer of Record (Engineer not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:

John Moody, P.E.

Osceola Engineering

1003 Florida Avenue, St. Cloud, FL 34769

Lessee

Any individual, partnership or corporation having a tenant-landlord relationship with the Owner.

Owner

City of St. Cloud

1300 9th Street

St. Cloud, Florida 34769

(407) 957-7300

Partial Payment Authorization

Owner's approval of Contractor's progress payment request. The Partial Payment Authorization is completed by Contractor and submitted to Owner for approval and signature. Upon receipt, review, and approval of the signed document by Owner, payment will be made pursuant to Florida Statute Section

218.70, the Prompt Payment Act, and all City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.

Payment and Performance Bonds

Bonds executed on forms provided by the Owner, by the Contractor and his Surety, assuring the

Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the

Contract Documents and will promptly pay all persons who supply labor and materials for such work.

Per Florida Statute 255.05, upon approval and award of the project, the performance and payments bonds are required to be recorded in the public records of Osceola County, Florida. An original or certified copy of the bonds must be returned to City of St. Cloud, Procurement Services.

Progress Payment Request

An estimate of work completed by the Contractor during the preceding calendar month which is submitted to the Owner for review and approval.

Prohibited Communications

Potential bidders shall not communicate in any way with the consultants, elected or appointed officials, City Manager or any City staff, other than Procurement Services personnel, from the time of bid advertisement through and including bid award, except during scheduled pre-bid meetings. Such communication shall result in disqualification.

Project Manager (Project Manager not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.”) For the purposes of this contract:

David Bridle

City of St. Cloud

1300 9th street

St. Cloud FL, 34769

Project Representative

An authorized representative of the Architect/Engineer assigned to assist the Architect/Engineer in performing his responsibilities at the project site.

Proposal

A bid for the work contemplated which the Bidder shall submit on original approved forms.

Responsible Vendor (F.S. 287.012)

A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Bid, Responsive Proposal, or Responsive Reply (F.S. 287.012)

A bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

Responsive Vendor (F.S. 287.012)

A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

Specifications

The general term comprising all the directions, provisions, and requirements contained herein, entitled

"Specifications", those portions of standard specifications to which reference is specifically made in the specifications, and any addenda, that may be issued for the Contract, all describing the manner of performing the work, including detailed technical requirements as to labor, materials, equipment and methods by which such work is to be performed.

Surety

The corporate body which is bound with and for the Contractor, which is primarily liable and which guarantees the faithful performance of the Agreement.

3.2. FAMILIARITY WITH LAWS

The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility.

3.3. FLORIDA PRODUCTS AND LABOR

The Contractor's attention is called to Section 255.04, Florida Statutes, which require that on public building contracts, Florida products and labor shall be used wherever prices and quality are equal.

Superintendents and Workmen. The bidder/contractor shall employ superintendents, foreman and workmen who are careful and competent. The Owner, Architect/Engineer, or project representative may demand the dismissal of any person or persons employed by the bidder/contractor on the work who misbehave or are incompetent or negligent in the proper performance of their duties, or neglect or refuse to comply with the directions given. Such persons shall not be employed again thereon without the prior written consent of the Owner, Project Manager, or authorized representative. Should the

Bidder/Contractor continue to employ or again employ such persons, the Owner, Project Manager, or authorized representative may suspend the work until the persons objected to are dismissed.

Equipment. Equipment used on any portion of the work shall be such that no damage to the work, roadways, adjacent property, or other objects will result from its use.

3.4. TAXES

Although the Owner is not subject to the Florida Sales and Use Tax, any Contractor who purchases materials, which will be used in the Construction of an owned facility, will not be exempted from the

State taxes on the materials and is cautioned he is responsible for payment of any such taxes to his suppliers. All costs thereof shall be deemed to be included in the prices bid for the work, but shall exclude the costs of taxes not applicable.

The Owner is Subject to:

Federal Excise Taxes on materials or appliances that are incorporated into and become a part of the completed improvement. Federal Tax on transportation of property.

In every case of a purchase of materials to be incorporated in the work, which are subject to Federal

Excise Taxes, the Owner will furnish to the Contractor the necessary Federal Excise Tax Certificate upon receipt of a copy of the supplier's invoice showing the item(s), net price and Federal Excise Tax separately.

3.5. PROGRESS PAYMENTS

Payments shall be made pursuant to Florida Statute Section 218.70, the Prompt Payment Act, and all

City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.

Based upon applications of Contractor for payment submitted to the Owner and certificates for such payments as approved by the Architect/Engineer, the Owner shall make monthly progress payments to the Contractor as provided in the Agreement.

The Contractor shall provide proper and correct invoice address to which payments are to be mailed.

3.6. BIDDING DOCUMENTS

Bidding Documents include the Advertisement or Invitation to Bid, Instructions to Bidders, Proposal

Form, Schedule of Prices Bid, other sample bidding and contract forms and the proposed Contract

Documents including any Addenda issued prior to receipt of bids. The Contract Documents proposed for the work consist of the Owner-Contractor Agreement, and Contractual Conditions, the Drawings, the

Specifications and all Addenda issued prior to and all modifications issued after execution of the

Contract.

3.7. ALTERNATES

If the Owner wishes to learn the relative or additional construction cost of an alternative method of construction, and alternative use of type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described in the drawings and/or the specifications.

Alternates will be listed in the Proposal in such manner that the Bidder shall be able to clearly indicate what sums he will add to (or deduct from) his base bid.

If the base bid is within the amount of funds available to finance the construction contract and the

Owner wishes to accept alternative additive bids, then contract award will be made to that responsible and responsive bidder submitting the low combined bid, consisting of the base bid plus alternate additive bids (applied in the numerical order in which they are listed on the bid form). Under this procedure, if the Owner wishes to make award on only the base bid, the contract award will be made to that responsible and responsive bidder submitting the low base bid.

Alternate Bids

Alternate bids will not be accepted unless specifically called for in the solicitation.

Addenda

In case the Owner finds it expedient to supplement, modify or interpret any portion of the solicitation during the bidding period, such procedure will be accomplished by issuance of an Addendum to the

Bidding Documents, which will be available through the Portal.

3.8. INTERPRETATION OF BIDDING DOCUMENTS

No interpretation of the meaning of the drawings, specifications, or other Bidding Documents, no correction of any apparent ambiguity, inconsistency or error therein, will be made to any Bidder orally.

Every request for such interpretation or correction shall be sent via the Portal through the Questions and Answers Tab unless the deadline for questions has passed, in which case requests for interpretations shall be sent via email to purchasing@stcloudgfl.gov. All such interpretations and supplemental instructions will be in the form of written Addenda to the Bidding Documents.

Only an interpretation or correction so given by written Addenda to the Bidding Documents shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents.

3.9. EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK

Bidders are required, before submitting their proposal, to visit the site of the proposed work and completely familiarize themselves with the nature and extent of the work and any local conditions, which may in any manner affect the work to be performed and the equipment, materials and labor required. They are also required to examine carefully the drawings, specifications and other bidding documents, to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work.

Bidders are responsible to determine if site conditions differ in any way from the drawings, specifications, and other bidding documents. The bidder has the responsibility to notify the Owner immediately of any errors in the drawings, specifications, and other bidding documents.

The Owner shall not be responsible for any item(s) overlooked by the bidder, including, but not limited to, underground or above ground utilities, soil conditions, or other obstacles. Submittal of a bid shall constitute acknowledgment of this requirement on the part of the bidder.

3.10. BASIS OF BIDDING - TRADE NAME

For clarity of description and as a standard of comparison, certain products have been specified by two or more trade names or manufacturers. Should any bidder desire to use products other than those specified, he shall request permission to do so via email to purchasing@stcloudfl.gov at least five (5) days prior to the deadline for questions, providing all necessary data. The permission, if granted, will be communicated by Addendum to all bidders. If a bidder is unable to procure written approval of a proposed substitution prior to the date, he shall base his bid on the Exact Items Specified.

Royalties. The Contractor shall pay all fees or royalties for any patented articles, operations or construction incorporated in or used in the execution of the work.

3.11. BID GUARANTY/ BID BOND

Bids shall be accompanied by a bid guaranty of not less than five percent (5%) of the amount of the bid, which may be a cashier's check, or Bid Bond made payable to the Owner. Bidder shall provide a copy of the check or a copy of the executed Bid Bond form with the submitted bid documents. The original bid bond or check should be sent by express mail to City of St. Cloud, Procurement Services, 1300 9th

Street, Building A, 2nd Floor, St. Cloud, Florida 34769. Soliciitiation Number and title must be clearly marked on the outside of the envelope. Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw their bid for a period of at least ninety (90) days after the scheduled closing time for the receipt of bids; that if the bid is accepted, Bidder will enter into a written contract with the Owner in accordance with the form of agreement included as a part of the Contract Documents, and that the required Payment and Performance Bonds will be given within the prescribed period of time as set forth in the specifications. In the event of the withdrawal of said bid within said period of time, or failure to enter into said Agreement and give said bond within ten (10) days after he has received notice of acceptance of bid, the Bidder shall be liable to the Owner for the full amount of the bid guaranty as representing the damage to the Owner because of default of the Bidder in any particular hereof. The forfeiture of the bid guaranty shall be considered not as a penalty but in liquidation of damages sustained.

The bid bonds or checks shall be returned to all except the three lowest bidders after the formal opening of bids. The remaining bid bonds or checks will be returned to the lowest bidders after the

Owner and the accepted bidder have executed the Agreement and Payment and Performance Bonds have been received and approved by the Owner. If the required Agreement and Bonds have been executed within at least ten (10) days after the date of the award of the bids, then the bid bond or check of any bidder will be returned upon request, provided notification of the acceptance of the bid was not received prior to the date of such request.

NOTICE: The bid bond must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond.

3.12. SURETY COMPANIES ACCEPTABLE TO OWNER

To be acceptable to the Owner as Surety for both Bid Bonds and Payment and Performance Bonds, a

Surety Company shall comply with the following provisions:

mailto:purchasing@stcloudfl.gov

A. The Surety Company must be admitted to do business within the State of Florida.

B. The Surety Company must be admitted to do business within the State of Florida.

C. The Surety Company shall have at least the following minimum ratings:

• A.M. Best's Policyholder's Rating of "A+" and "A", (which signifies A and A+ = Excellent, based upon good underwriting, economic management, adequate reserves for undisclosed liabilities, net resources for unusual stock and sound investment) or an equivalent rating from the

Insurance Commissioner if not rated by Best's.

Any risk or portion of any risk which shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier) in assuming insurer authorized or approved by the Insurance commissioner to do such business in this State shall be deducted in determining the limitation of risk prescribed in this section.

In the case of a surety insurance company, there shall be deducted in addition to the deduction reinsurance, the amount assumed by any co-surety; the value of any security deposited, pledged or held subject to the content of the surety and for the protection of the surety.

No separate payments will be made for providing bonds as prescribed herein.

For insurance coverage and amounts, please refer to the Instructions to Contractors Section

3.13. LISTING OF SUBCONTRACTORS AND MAJOR MATERIALS SUPPLIERS

In order that the Owner may be assured that only qualified and competent subcontractors and major material suppliers will be employed on the project, each Bidder shall submit with his proposal a list of the subcontractors and major material suppliers who will perform the work for each division of the specifications as indicated by the list of subcontractors and material suppliers form contained in these specifications. The bidder shall have determined to his own complete satisfaction that a listed subcontractor and major material supplier has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this agreement and is qualified both technically and financially to perform that pertinent phase of this work for which he is listed. Only one subcontractor shall be listed for each phase of the work. Bidders listing their own company name in certain areas of subcontract work may be asked to demonstrate to the satisfaction of the Owner/Architect/Engineer their past experience and competence in these areas. The applicable subcontractor license registration or certification number must be noted on the bid opposite his name, and in the event the subcontractor is a corporation, his state corporate charter number shall also be noted. If the subcontractor is an out-of-state (foreign) firm, his charter number with the Secretary of State to do business in the State of Florida should also be noted.

NO CHANGE SHALL BE MADE IN THE LIST OF SUBCONTRACTORS OR MATERIAL SUPPLIERS BEFORE OR

AFTER THE AWARD OF THE CONTRACT, UNLESS AGREED TO IN WRITING BY THE OWNER PRIOR TO THE

COMMENCEMENT OF WORK BY THE SUBCONTRACTOR OR MATERIAL SUPPLIER.

The listing of any proposed Subcontractor and major material supplier does not create any contractual rights between the proposed Subcontractor or material supplier and the Owner.

The Owner reserves the right to approve or disapprove any Subcontractor or material supplier.

3.14. SEPARABILITY

No contract between the City and the successful bidder shall be deemed to exist prior to execution, by both parties, of a formal written agreement, and the issuance of a purchase order or confirmation letter, pursuant to Section 2-187 of the St. Cloud City Code. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to nor borne by the City.

3.15. WITHDRAWAL OF BIDS

Bidders may withdraw, alter and resubmit their bids through the Portal at any time prior to the bid due date and time. Bids may not be withdrawn, altered or resubmitted after the bid due date and time. The

City of St. Cloud may request clarifications and additional information after proposal submission.

Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.

3.16. DISQUALIFICATION OF BIDDERS

The Bidder may be disqualified and his Bid rejected by the Owner for any one of the following reasons among others:

A. Submission of more than one Bid for the same work by an individual, firm, partnership or corporation under the same or different names.

B. Evidence of collusion among Bidders.

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

D. The Contract will be awarded only to a Bidder rated as capable of performing the service. The

Owner may declare any Bidder ineligible at any time during the process of receiving Bids or awarding the Contract where developments arise which, in the opinion of the Owner, adversely affect the Bidder's responsibility. However, the Bidder will be given an opportunity by the

Owner to present additional evidence before final action is taken.

E. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress, financial irresponsibility.

F. Uncompleted work for which the Bidder is committed by contract which, in the judgment of the

City, might hinder or prevent the prompt completion of work under this Contract, if awarded to such Bidder.

G. Being in arrears on any of his existing or prior contracts with the Owner or in litigation with the

Owner therein, or having defaulted on a previous contact with the Owner.

H. These clauses are to be construed liberally; however, any other evidence, which may hinder or otherwise delay completion of the project, would be grounds for disqualification.

3.17. PREPARATION AND ELECTRONIC SUBMISSION OF BIDS

Bids shall be submitted electronically through the Portal

A. Enable printing on files submitted.

B. Contact technical support using the real-time chat bubble located in the lower right-hand corner of the Portal, or at procurement-support@opengov.com, if technical difficulties arise during bid submission.

C. Follow all instructions outlined in the ITB and provide all requested information.

Bidder shall assume full responsibility for timely electronic submission through the Portal for receipt of bids. Bids will not be accepted after the due date and time.

Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original.

3.18. RECEIPT AND OPENING OF BIDS

Bids will be opened publicly via a virtual Zoom meeting at the date and time stated in the Invitation for

Bid. The officer whose duty it is to open them will decide when the specified time has arrived.

At the time fixed for the opening of bids, bids will be made public for the information of Bidders in the

Portal.

3.19. REJECTION OF BIDS, DISQUALIFICATION OF BIDS

Any or all bids will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future bids.

Falsification of any entry made on the Contractor's bid will be deemed a material irregularity and will be grounds, at the Owner's option, for rejection.

The Owner reserves the right to reject any or all bids, to waive technicalities, and to reject the bid of a

Bidder who is not in a position to perform the contract.

3.20. AWARD OF CONTRACT

The contract will be awarded as soon as possible to the overall lowest, responsive and responsible

Bidder in accordance with award criteria, provided the bid is reasonable and it is in the best interests of the Owner to do so. The obligations of the City of St. Cloud under this agreement are subject to the availability of funds lawfully appropriated for its purpose. All purchases are contingent upon available

City of St. Cloud funding

The Owner reserves the right to waive any informality in bids received when such waiver is in the best interests of the Owner.

The Agreement will only be entered into with responsible contractors, found to be satisfactory by the

Owner, qualified by experience and in a financial position to do the work specified.

Award Criteria

A. The Owner will use general award criteria to review responsiveness and qualifications of the

Bidders.

B. Past performance, in this type construction will be a factor in award.

C. Financial Capability and experience in projects of similar nature and size ($ value) will be a factor in award.

The Owner reserves the right to approve/disapprove any subcontractors.

Each Bidder shall, if so requested by the Owner, present additional evidence of his experience, qualifications and ability to carry out the terms of the contract, including a certified financial statement.

3.21. TIME OF COMPLETION AND LIQUIDATED DAMAGES

The Contractor understands that time is of the essence.

Time for the completion of the project will be assessed against the Contract beginning with the date of receipt of Notice to Proceed by the Contractor or within three (3) calendar days after date of Contract, if no Notice to Proceed is given. If no Notice to Proceed is given, receipt of duly executed Contract

Documents by the Contractor is considered by the Owner to be such Notice to Proceed.

Inasmuch as failure to complete the project within the time fixed in the Agreement will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the project is not substantially completed, within the specified number of calendar days, or within the extension of time provided in a Change Order, the

Contractor shall pay to the Owner as liquidated damages for such delay, not as a penalty, per the most recent edition of the Florida Department of Transportation Standard Specifications for Road and Bridge

Construction, for each and every calendar day elapsing between the date fixed for substantial completion and the date such substantial completion shall have been fully accomplished.

It is also hereby agreed that if this project is not finally completed, in accordance with the requirements of the contract documents, per the most recent edition of the Florida Department of Transportation

Standard Specifications for Road and Bridge Construction, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, for each and every calendar day elapsing between the date fixed for final completion and the date such final completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to any extra expenses or costs incurred by the Owner including, but not limited to: inspection and supervision occasioned by the delay;

materials and equipment storage fees; additional employee salaries and benefits; rental of space; all utilities; and shall not exclude the recovery of damages by the Owner under other provisions of the contract documents.

The provision of liquidated damages for delay shall in no manner affect the Owner's right to terminate the contract as provided herein, or elsewhere in Contract Documents. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay said liquidated damages in the amounts set forth in the Agreement.

It is further agreed the Owner may deduct from the balance retained by the Owner under the provisions of the Agreement, the liquidated damages stipulated therein, or such portion thereof as the said retained balance will cover.

3.22. PERMIT

For the purposes of this contract, permits will be identified as follows:

Business Tax Receipt:

The Tax Collector of Osceola County and the Building Department of the City of St. Cloud require a

Business Tax Receipt.

Project Permits:

Contractor shall obtain applicable permit(s) from the City of St. Cloud Building Department at

Contractor’s expense.

Building Department Fee Schedule is provided in the Attachments.

3.23. BID PROTEST

Any actual or prospective Bidder, Proposer, Submitter, or Contractor who is aggrieved in connection with a solicitation or award of a bid or agreement may protest in accordance with the appeal process in the St. Cloud Procurement Policy.

3.24. RESTRAINT OF TRADE OR COMMERCE

Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful

(Florida Statutes 542.18). All Federal Regulations pertaining thereto apply.

3.25. SAFETY STANDARDS

Unless otherwise stipulated in the bid documents all labor, materials, supplies and/or services shall comply with the applicable OSHA Standards.

3.26. CODES

All applicable code, rules, and regulations requirements must be followed. It is the Contractor's responsibility to become familiar with such codes and maintain full compliance with all applicable local, state, and federal requirements including, but not limited to, those promulgated by the City of St. Cloud, Osceola County, the Florida Department of Transportation, the Florida Department of Environmental

Protection, the US Environmental Protection Agency, the South Florida Water Management District, the https://procurement.opengov.com/portal/stcloud/projects/194005/document?section=1803996

Occupational Safety and Health Administration, Equal Employment Opportunity Regulations, and

Federal Labor Standards Regulations.

4. QUALIFICATION OF BIDDERS

4.1. Minimum Qualifications

A. Bidder must present evidence with the bid that they are currently registered with or hold an unexpired State of Florida, Construction Industry Licensing Board Registered License, or a

General Contractor’s License in accordance with Chapter 489, Florida Statutes, and an

Underground Contractors License, and meet all local licensing requirements.

B. Minimum of five (5) years experience in underground utilities, sidewalk construction and paving.

C. Bidder must submit evidence that they are properly registered with the State of Florida, Department of State, Division of Corporations.

D. Bidder must also submit evidence of their ability to provide the necessary payment and performance bonds for the project by providing a letter of intent from a surety company authorized to practice in the State of Florida by the Department of Insurance and meeting the quality rating required by the specifications. See Bond Requirements. Upon award, the successful bidder will be required to furnish payment and performance bonds, each in the amount of 100% of the total bid amount and proof of insurance in amounts as specified in the contract documents. Bond forms will be furnished by the City and only those forms will be used. Per Florida Statute 255.05, upon approval and award of the project, the performance and payments bonds are required to be recorded by the awarded contractor in the public records of

Osceola County, Florida. An original or certified copy of the bonds must be returned to the City of St. Cloud, Procurement Services. Evidence of insurance coverage shall also be submitted. Reference the specifications for insurance coverage requirements.

https://procurement.opengov.com/portal/stcloud/projects/194005/document?section=1803995

5. SCOPE OF WORK

5.1. Detailed Scope of Work

The project proposes to construct an 8-foot wide asphalt trail approximately 6,400 linear feet in length and a 5-foot wide concrete sidewalk approximately 1,125 linear feet in length in the right of way and within easements along Rummell Road in St. Cloud Florida. The project will include clearing and demolition of existing features, the relocation of various utilities, the installation of storm water piping and structures, concrete driveway and sidewalk construction, signage and striping for the trail. The trail head park segment will also include the installation of a asphalt parking area, concrete sidewalks, stormwater piping, stormwater structures and the excavation and grading of a dry pond.

This project will be partially funded by the State of Florida Department of Environmental Protection

Recreational Trails Program (RTP).

6. BID FORM

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 MOBILIZATION 1 LS

2 MAINTENANCE OF TRAFFIC 1 LS

3 EROSION AND SEDIMENTATION

CONTROL

1 LS

4 EARTHWORK/MASS GRADING 1 LS

UTILITY COORDINATION AND RELOCATION

5 POWER POLE TO BE RELOCATED 4 EA

6 TELEPHONE RISER TO BE RELOCATED 4 EA

7 TELEPHONE BOX TO BE ADJUSTED 1 EA

8 FIBER OPTIC MARKER TO BE

RELOCATED

2 EA

9 WATER METER & BFP TO BE

RELOCATED

1 EA

10 GUY WIRE TO BE RELOCATED 6 EA

11 GATE VALVE CAN TO BE ADJUSTED 3 EA

12 EXISTING TRAFFIC SIGNS TO BE

RELOCATED

3 EA

13 MAILBOXES TO BE RELOCATED 8 EA

14 FIRE HYDRANT TO BE RELOCATED 1 EA

DEMOLITION, TREE REMOVAL, CLEARING AND GRUBBING

15 CLEARING AND GRUBBING 1 LS

16 CONCRETE DRIVEWAY TO BE

REMOVED

288 SY

Measure Unit Cost Total

17 GRAVEL DRIVEWAY TO BE REMOVED 138 SY

18 MES TO BE REMOVED 1 EA

19 CONCRETE PAD TO BE REMOVED 14 SY

20 TREES TO BE REMOVED 57 EA

21 ISLAND TO BE REMOVED 48 SF

22 BARB WIRE FENCE TO BE REMOVED 1,440 LF

STORMWATER SYSTEM

23 38" X 60" ERCP 79 LF

24 38" X 60" MES 1 EA

25 HEADWALL 1 EA

26 TYPE J-7 MANHOLE 1 EA

27 TYPE P-7 MANHOLE 2 EA

28 TYPE D INLET 10 EA

29 ADA COMPLIANT GRATE 8 EA

30 TYPE C CONTROL STRUCTURE 1 EA

31 TYPE C INLET 7 EA

32 TYPE H INLET 2 EA

33 2' X 2' YARD DRAIN 10 EA

34 24" RCP 2,002 LF

35 12" HDPE 167 LF

36 14" X 23" ERCP 436 LF

Unit Cost Total

37 12" X 18" ERCP 288 LF

38 14" X 23" MES 3 EA

39 12" X 18" MES 1 EA

40 6" CONCRETE JACKET 30 LF

41 CONCRETE FLUME 81 SF

42 RIP-RAP RUBBLE 51 SF

43 YARD DRAIN STORM GRATE TO BE

REPLACED WITH CAP

6 EA

LIGHT DUTY ASPHALT PAVEMENT FOR PATHWAY - ALTERNATE NO. 1

44 1.5" SP-9.5 or SP-12.5 ASPHALT 5,272 SY

45 4" LIMEROCK BASE OR GRADED

AGGREGATE BASE

5,272 SY

46 12" STABILIZED SUB-BASE 5,272 SY

HEAVY DUTY ASPHALT PAVEMENT FOR PARKING AREA AND RUNNEYMEAD ENTRANCE - ALTERNATE NO. 1

47 2" SP-9.5 OR SP-12.5 ASPHALT (TL=D) 1,552 SY

48 6" LIMEROCK BASE OR GRADED

AGGREGATE BASE

1,552 SY

49 12" STABILIZED SUB-BASE 1,552 SY

LIGHT DUTY ASPHALT PAVEMENT FOR PATHWAY - ALTERNATE NO. 2

50 1.5" SP-9.5 OR SP-12.5 ASPHALT 5,272 SY

51 4" LIMEROCK BASE OR GRADED

AGGREGATE BASE

5,272 SY

52 TENSAR TRI AX TX-7 GEOGRID 5,272 SY

Unit Cost Total

53 12" COMPACTED SUBGRADE 5,272 SY

HEAVY DUTY ASPHALT PAVEMENT FOR PARKING AREA AND RUNNYMEAD ENTRANCE - ALTERNATE NO. 2

54 2" SP 9.5 (TL=C) ASPHALT 1,552 SY

55 6" LIMEROCK BASE OR GRADED

AGGREGATE BASE

1,552 SY

56 TENSAR TRI AX TX-7 GEOGRID 1,552 SY

57 12" COMPACTED SUBGRADE 1,552 SY

CONCRETE PAVEMENT AND CURBING

58 6" THICK CONCRETE DRIVEWAY

(HEAVY DUTY)

330 SY

59 4" THICK CONCRETE SIDEWALK (LIGHT

DUTY)

742 SY

60 12" STABILIZED SUB-BASE (CONCRETE

AREA)

1,072 SY

61 TYPE D CURB 410 LF

62 FDOT GRAVITY WALL 14 LF

63 12" RIBBON CURB 116 LF

MISCELLANEOUS ITEMS

64 DETECTABLE WARNING SURFACE 30 SY

65 6' HIGH CHAIN LINK FENCE 65 LF

66 4' HIGH CHAIN LINK FENCE 100 LF

67 TYPE 1 BICYCLE RAILING 14 LF

68 WHEEL STOP 22 EA

Unit Cost Total

69 SIGNAGE AND STRIPING 1 LS

LANDSCAPE

70 LANDSCAPE (TREES AND SHRUBS) 1 LS

71 BAHIA SODDING 1 LS

72 IRRIGATION 1 LS

TOTAL

7. PROPOSAL FORMS (SUBMITTAL)

For upload items, electronic files must be in a Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.) format.

Documents shall not be password protected or locked uploaded files; the City must be able to open and view the contents of the file. Respondents 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

7.1. DBA:*

Enter the "DBA (doing business as) name of your agency.

*Response required

7.2. Authorized Representative Name/Title:*

*Response required

7.3. FEIN No.:*

*Response required

7.4. Mailing Address (if different):*

*Response required

7.5. Company Type*

Please designate your Company Type

☐ Sole Proprietor

☐ Partnership

☐ Corporation

☐ Limited Liability Partnership

☐ Limited Liability Corporation

*Response required

7.6. State of Florida Construction Industry Licensing Board License No.* (attach copy)

*Response required

7.7. Bidder is registered with the Florida Department of State Division of Corporations to do business with the State of Florida?* https://dos.myflorida.com/sunbiz/

Attach proof of registration.

*Response required

7.8. State of Florida Underground Contractors License

(attach https://dos.myflorida.com/sunbiz/

7.9. Bid Bond*

Upload requirements:

• MUST upload a copy of the executed Bid Bond Form or a certified check made payable to the

OWNER- City of St. Cloud, in the amount equal to five percent (5%) of the total bid.

• The City's Bid Bond Template MUST be used and is available here for download and also is included in the attachments (Attachments) of this solicitation. If uploading a copy of the check, express mail the original check to City of St. Cloud, Procurement Services, 1300 9th Street, Building A, 2nd Floor, St. Cloud, FL 34769. The original check MUST be received by the

Procurement Services Department BEFORE the solicitation opening date and time.

NOTE: Failure to submit a bid bond on the City's form or a certified check shall deem the submittal non-responsive.

• Bid_Bond.pdf

*Response required

7.10. EXPERIENCE OF BIDDER

MUST provide a minimum of FIVE (5) REFERENCES regarding experience in the specified project scope and project size.

7.10.1. Bidder must demonstrate ability to construct projects of similar complexity, nature and size of this project. *

Do you have any similar work in progress at this time?

☐ Yes

☐ No

*Response required

7.10.2. Length of time in business*

_____/_____ (years/months)

*Response required

7.10.3. Bank and/or other financial references*

Provide letter(s) from bank(s) and/or other financial references, e.g., Dunn and Bradstreet rating attesting to contractor’s financial stability.

*Response required

7.11. REFERENCES

Provide five (5) references within the State of Florida of current and ongoing contracts similar in size and scope to the Scope of Work indicated in this solicitation including, but not limited to, any experience providing the requested services to a public agency within the last five (5) years. Do not list the contracts with the City of St. Cloud as a reference. Completely fill out all information requested.

https://government-project.s3.us-west-2.amazonaws.com/28340/f1777600-eb08-4d5f-b542-a3675e0a223e_Bid_Bond.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4KC6HFCXC%2F20250831%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250831T120001Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEJT%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIHJuRcPJkIDL13mHlRjbEnzHQ4urdJddKawIYnfo7%2F7kAiAzpgto7tdvtl43yoknTne%2FdUL9zrEBSlEMtpxP8b7t1yqTBQjt%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMUAmouR7RkpqfCQYqKucEqHyjerxAbpLlsGZSuB8WaLzA7z%2BTL3lubvsoEL7FEC43XNTrN6cv89OupkZaM7GTm8nLk1RkqxFxYJjplj34rwDkRsds9Klyb9YKs8J1NoMW%2BXk0pjLJ76spBGXk8%2FD9Vy2BQXBN%2Bjd5j%2B3G%2BmkSY7FH%2B14WhLoPw%2FqFAw7qh%2Fe9qGY0UmB7hMbfTTyQpWzFMDqJQFi11ZlYZTkkZX%2F0Wh8mzy%2FZxf9z0tGHlfHne8xoQeyKHCAax2Qj%2F7z2xhGdcK4OL90w6ujXCTW5R2U9N6aOzzvYawGR5wZFObG0DBJFFF%2B1HbMk4QlsINn7VRbKc%2FNYpkVYHErWDtuKbzew4LvUA7izE4QoR9phJ7Z2lrroxBOPrgkZWLJyh476MFcq7jO%2FbAix%2FvQXq7nj6S9L1CH%2FguIbIKSo4x8nwogHK05R3L%2BdM9alQNstAbyxczM%2FLQHWiXn7NTgygJzMr2aWRGLLl6CzTAeEkbHaEu%2FfH43k9v6HRY%2BgXrnGUjnLncaWnZmMWV%2F%2FjudAxTNxbe0hnnCQyfShcqklLPazXzBTHQyfj3ZX%2B%2BNO8JQVfdMXaCgVhsEyrqxHgftvDbn5C4tdGjbhZ%2BV1UuVwaYFeywNZmfCiJOqZgpg%2FhZ1cQyQ4yeMJAK1oz83rniMSSN6xWfoQT9%2BM1x4s1B517tWSWdRIN%2FxSMqyjo1MHHJ7qxafyc70BXgHXAEQ6CnFmHzlW7fS6XIkhU27m%2F2%2BlhP2jh66VaA1fWNpUH2%2B1cZnf%2FHscG2OFEPNl5zfKXks0zMroE3YGqIPzQv5%2BK3bGtubfZ0Emah%2BRLPTA88ZLMILw0MUGOpwBu4Nr2%2FAdUOTjQs%2BoBCBFamFCy43Vjx1s%2FYZTV7JPKAIUYWmzcv2ZuuhXCVoY5SxPCwkrCVa1FzdgcC6RzuGN5uL9CYlXjZ6mCM9cggEisfOhisGqxQePok2SZwFS9va%2BLqpchZTbnRmcIhqVq7rsSROsSfmDnynp%2BmPyd2IOTc%2Bm6hwWupFy%2FiAWk9uKq7jshE1T7c%2B7wTRvMqot&X-Amz-Signature=911fe9e115faa713b7341a437b26fd2bb6941c662691503728d41398252dc574&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Bid_Bond.pdf%22&x-id=GetObject

7.11.1. REFERENCE #1*

COMPLETE ALL SECTIONS

NAME OF CLIENT:

CONTACT NAME:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.11.2. REFERENCE #2*

COMPLETE ALL SECTIONS

NAME OF CLIENT:

CONTACT NAME:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.11.3. REFERENCE #3*

COMPLETE ALL SECTIONS

NAME OF CLIENT:

CONTACT NAME:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.11.4. REFERENCE #4*

COMPLETE ALL SECTIONS

NAME OF CLIENT:

CONTACT NAME:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.11.5. REFERENCE #5*

COMPLETE ALL SECTIONS

NAME OF CLIENT:

CONTACT NAME:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.12. Bid Forms and Certifications

7.12.1. Respondent’s Certification*

I have carefully examined the Invitation to Bid.

I hereby propose to furnish the services specified in the Invitation to Bid.