Halifax_Harbor_North_Basin_Dock_Repairs_(Addendum_#2_Revision).pdf

1. INTRODUCTION

The City of Daytona Beach is hereby soliciting responses from interested parties to provide fdock repairs at the Halifax Harbor Marina North Basin.

1.1. Summary

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

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

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

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

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

Details are provided in the Timeline.

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

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

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

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

Contract.

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

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

680-4747.

Issue Date: Wednesday, May 1, 2024

1.2. Contact Information

Holly Prevatt

Purchasing Agent

301 South Ridgewood Ave.

Daytona Beach, FL 32115 https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/92403?section=835557

Invitation For Bid #2451ITB Title: Halifax Harbor North Basin Dock Repairs

Email: prevattholly@codb.us

Phone: (386) 671-8082

Department:

Public Works

1.3. Timeline

Release Project Date May 1, 2024

Pre-Bid Meeting (Non-Mandatory) May 9, 2024, 11:00am

Halifax Harbor Marina - 351 Basin St. Daytona

Beach, FL 32114 (Near Dock A)

Site Visit May 9, 2024, 11:30am

SITE VISIT WILL OCCUR IMMEDIATELY AFTER PRE-

BID MEETING

LOCATION: Halifax Harbor Marina - 351 Basin St.

Daytona Beach, FL 32114 (Starting with Dock A)

Question and Request for Interpretation

Submission Deadline

May 22, 2024, 5:00pm

Proposal Submission Deadline May 31, 2024, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00Nz

Q0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.

v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-

669fa41090ef%22%2c%22Oid%22%3a%22a9bda57

2-d900-4e9a-9486-7ef2b77b9b4d%22%7d

Meeting ID: 274 375 223 559

Passcode: BQAXvm

2. DEFINTIONS

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

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

OF SPECIAL PROVISIONS.

mailto:prevattholly@codb.us tel:(386)671-8082 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQwNWIyODQtZDdhYS00NzQ0LWI4NDUtMWUwMWI3YWUwZmY4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d

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

2.1. DEFINITIONS

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

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

PROVISIONS.

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

Solicitation:

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

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

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

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

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

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

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

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

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

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

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

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

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

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

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

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

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

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

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

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

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

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

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

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

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

3. SCOPE OF SERVICES

3.1. GENERAL

The Halifax Harbor Marina (North Basin) wooden docks are located at 351 Basin Street. The fixed wooden docks require maintenance.

• The maintenance repair project will consist of the removal and replacement of 138 (12” Diameter) wooden piles.

• Each new timber pile is to be wrapped with 30 mil thick black vinyl pile wrap.

• The replacement of rods (all-thread), multiple 3” x 10” Marine Grade Bents, 3” x 11” Marine Grade

Bents (Fuel Dock), 3” x 11” Marine Grade Stringers, 2” x 10” Marine Grade Stringers (Fuel Dock), and 2” x 6” Marine Grade Deck Boards.

• Add Loctite 271 to all through rod bolts needed for Pile to Bent connections.

• Removal and proper disposal of a portion of the roof over the Fuel Dock, remaining roof to be secured to existing pile bent with Simpson Strong Ties.

• Termination of old electrical wiring and conduit to be properly terminated in a J Box on the fuel dock.

• All removed piles, bents, stringers, deck boards, and hardware to be taken off site for proper disposal.

• The accompanying underwater pile survey report prepared by Premier Marine Underwater

Services will be used to locate the piles to be removed and for the maintenance repairs.

• This project will be under construction while the marina is fully operational, the marina is currently at capacity and coordination with the marina staff will be critical to a successful project.

Please see ATTACHMENTS for all documents associated with this project.

4. INSTRUCTIONS TO BIDDERS

THESE INSTRUCTIONS ARE STANDARD FOR ALL BID SOLICITATIONS ISSUED BY THE CITY OF DAYTONA

BEACH. THE CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR

A PARTICULAR SOLICITATION IN THE SPECIAL PROVISIONS SECTION.

4.1. BID DOCUMENTS

The Bid Documents consist of all published sections of this Solicitation including Attachments, Pricing Proposal and all other Forms to be completed and submitted by the Bidder, and all additional documents required to be completed and submitted by the Bidder as part of the Bid Submission.

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

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

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

The Platform is utilized by the City and the Bidders to:

1) Allow Bidders to register and manage their company records

2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation

3) Allow Bidders to submit an Offer Package online, electronically, through the Platform

4) Allow Bidders to view all public record documents related to an Online Solicitation

4.2. COMPLETING THE BID

In order for the Bid to be considered complete:

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

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

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

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

E. The Bid Price will be stated in numerals.

F. The Bidder must not submit alternative Bids unless this Solicitation specifically authorizes alternate

Bids. If this Solicitation specifically allows the submission of alternate Bids, the Bidder must submit the standard and the alternative Bid in order to be considered responsive.

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

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

4.3. REQUEST FOR INTERPRETATIONS

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

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

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

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

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

Documents or any Contract resulting from this Solicitation.

4.4. ADDENDA TO BID DOCUMENTS

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

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

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

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

4.5. SUBMISSION OF ONLINE OFFERS

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

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

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

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

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

4.6. AMENDMENT AND WITHDRAWAL OF BID PRIOR TO BID OPENING

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

4.7. DISQUALIFICATION OF BIDDERS

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

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

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

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

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

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

4.8. BID OPENING

The Bid Opening will be scheduled on the date and time specified in the Timeline section of the

INTRODUCTION for the Bid, or by any applicable Bid Announcement, Addenda, or answer that the City may issue. At the Bid Opening, the City will electronically open the Bid so long as it is proper and has been timely submitted. The Bid Tabulation will state the name of the Bidder and the Bid Price.

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

Late Bids will not be accepted by the Platform.

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

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

ORDERED

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

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

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

4.10. FEDERAL TAXES

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

4.11. BID PRICE INCLUSIVE OF COSTS

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

OF WORK.

https://procurement.opengov.com/portal/codb/projects/92403?section=835557 https://procurement.opengov.com/portal/codb/projects/92403?section=835557 https://procurement.opengov.com/portal/codb/projects/92403?section=835559 https://procurement.opengov.com/portal/codb/projects/92403?section=835559

4.12. BIDS AND PUBLIC RECORDS

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

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

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

4.13. BID OPENING RESULTS

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

4.14. BIDDER CAPABILITY/REFERENCES

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

Bidder must submit at least three references for projects of similar scope in size that have been completed within the last ten years. References should highlight pile driving experience, if applicable.

References must contain a phone number and email address for someone who can attest to Bidder's performance on the projects submitted. References and will be contacted by the City prior to recommendation of award.

4.15. REVIEW; BASIS OF AWARD

Bids will be reviewed in accordance with the procedures set forth in these Instructions to Bidders and the applicable provisions of the Purchasing Code, Chapter 30 of the Daytona Beach Code of Ordinances. Any contract awarded pursuant to this Solicitation will be made on the basis of the criteria for award of Bids provided in the Purchasing Code.

A link to the Code of Ordinances is available on the City’s web site, www.codb.us.

4.16. LOCAL VENDOR PREFERENCE

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach provides for a preference to Local

Vendors whenever the application of such a preference is reasonable in light of the dollar-value of Offers received in relation to such expenditures.

As used in City Code, the term, “Local Vendors” means a person or business entity which has maintained a permanent place of business with full-time employees within the City limits of The City of Daytona Beach for a minimum of six months prior to the date Solicitations were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Pursuant to City Code, if the lowest Responsive Offer by a non-Local Vendor, and an Offer by a Local

Vendor is within 10% of the lowest Offer, then these two Bidder’s will each have the opportunity to submit a best and final Offer equal to or lower than the amount of the lowest Offer within five working days after

Offer opening. The Contract will be awarded to the Bidder submitting the lowest Responsive Offer or final

Offer. In case of a tie between a Local Vendor and a non-local Vendor the Contract will be awarded to the

Local Vendor.

If the Bidder intends to qualify as a Local Vendor, the Bidder must check YES to applicable question within

Required Forms and Documents Section. A Bidder who fails to check YES to this question submit it with the Offer Package, will not be further considered for local preference.

If the Bidder submits a properly completed Local Vendor affidavit as part of its Offer Package, the City reserves the right to verify that the Bidder meets the definition of Local Vendor, including by requiring the

Bidder to supply additional documentation. In all instances, the City will be the final arbiter as to whether the Bidder qualifies for local preference.

With certain exceptions, application of local preference is discretionary. For more information on how the

Local Preference may apply, see the Purchasing Code.

4.17. IDENTICAL TIE BIDS

If there are two or more low responsive Bids from responsible Bidders that are identical in price and other evaluation criteria, the tie will be awarded to the following in order of preference: a) the Bidder qualifying for local preference under Code 30-86; b) the Bidder in compliance with the drug free workplace certification requirements set forth in Florida Statutes 287.087; or c) the most responsible Bidder as defined under the City Code 30-82 (9)(c).

4.18. RIGHT TO ACCEPT OR REJECT BIDS

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

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

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

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

4.19. CRA MAY AWARD PURCHASE ORDERS ISSUED PURSUANT TO CONTRACT

In the case of a continuing supply or service contract awarded pursuant to this Solicitation, if the funds to be used to pay for a portion of the supply or service are from redevelopment trust funds, the Community

Redevelopment Agency (CRA) is authorized to issue the purchase order corresponding to the supply or service instead of the City.

4.20. CITY’S PROJECT-SPECIFIC CONSTRUCTION CONTRACT FORM

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

4.21. LICENSES

At time of Bid submittal, the Bidder must hold an active Marine Contractor or General Contractor

License to bid as the prime contractor for all work to be performed under this Solicitation. Any subcontractors or sub-consultants whom the Bidder proposes to use to perform work under this

Solicitation must be licensed as required by the State of Florida at the time of Bid submittal. Required licensure must be held for a minimum of three years prior to the Bid Submittal and must be maintained in full force and effect during the contract term.

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

CONSIDERED RESPONSIVE.

4.22. BIDDER RESPONSIBILITY FOR PREPARATION COSTS

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

4.23. POST-AWARD SUBMITTAL REQUIREMENTS

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

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

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

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

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

4.24. PUBLIC RECORDS

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

119.0701, which include the following:

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

(2) Upon the request of the City Clerk of the CITY, (i) providing the City Clerk with a copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt of the City Clerk’s request, at a cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or as otherwise provided by law.

(3) Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this Contract, and following such completion if CONTRACTOR fails to transfer such records to the CITY.

(4) Upon completion of the work required by a specific work authorization, keep and maintain public records required by the CITY to perform the service. CONTRACTOR will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY upon request from the CITY Clerk, in a format that is compatible with the CITY’s information technology systems.

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

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

(Phone) 386 671-8023

(Email) clerk@codb.us

(Address) 301 S. Ridgewood Avenue

Daytona Beach, FL 32114

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

119.0701(3)(a), Florida Statutes.

5. SPECIAL PROVISIONS

5.1. BIDDER QUALIFICATIONS AND REQUIRED SUBMISSIONS. Minimum

Qualifications

In order to be considered qualified to provide the requested Services, the Bidder must have all required permits, must have an active, permanent, and successful operation for a minimum of three years prior to the date of submission of Offer, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Services.

5.2. UTILITIES STATEMENT

Attention of the Bidder is directed to the possible presence of water, sewer, gas mains, electrical wires, conduit, and communications cables (both overhead and underground). The Bidder shall exercise special care and extreme caution to protect and avoid damage to utility company facilities as described in the preceding sentence. All notifications to the utility company and “Sunshine” – 1-800-432-4770 shall be, at least, two weeks in advance of working in the area of the specific affected utility. The notification to

“Sunshine” is required by the Bidder whenever any excavating or similar work is to be performed. Should any existing utilities be damaged or destroyed due to the operations of the Bidder, the damaged or destroyed components shall be immediately replaced or repaired as necessary to restore the utility to a satisfactory operating condition. These repairs or replacement shall be at no additional expense to the

City or the owner of the utility.

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

Documents. The Bidder shall inform the respective Utility, immediately upon discovering the conditions(s). In addition, the Bidder shall give sufficient notice to the specific. Utility of the Bidder 's overall plan for construction. The Bidder and Utility Company will coordinate the applicable Utility work with the Bidder's work operations based upon the Bidder's overall plan.

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

AT&T-6015 Benjamin Rd, #306, Tampa, FL 33634 | 770-918-5424-Greg Jacobson.

AT&T Dist.-900 N Nova Rd., Daytona Beach, 32117 | 386-254-8550-Michael Moore.

Centurylink-700 W Mineral Av, Littleton CO 80120 | 303-992-9931-George McElvain.

City of Daytona Beach Utilities-125 Basin Street #130, Daytona Beach, 32114 | 386-671-8825-Shannon

Ponitz

Embarq-420 Pineview St., Altamonte Springs, FL 32701 | 407-920-8981-Rod Judy.

Florida Power & Light-2900 Catherine St, Palatka, FL 32177 | 800-868-9554-Tracy Stern

FPL Fibernet-9250 W Flagler, Miami, FL 33174 | 305-552-2931-Danny Haskett.

Level 3 Communications-1025 Eldorado Blvd, Broomfield, CO 80025 | 720-888-2061-Judy Henry.

MCI=1909 US 301 N, Bldg. D, Tampa, FL 33619 | 972-729-6016-Bryan Lantz

Spectrum-1195 S Woodland Blvd, Deland, FL 32170 | 386-872-6953-Richard Strader.

Sprint/Nextel-201 E Pine St, Orlando, FL 32810 | 407-422-6670-Mark Caldwell.

Sunesys-180 Titus Av, Warrington PA 18976 | 267-927-2000.

TECO Peoples Gas-1722 Ridgewood Av, Holly Hill, FL 32117 | 386-671-2232-George Smith.

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

5.3. BONDING

BID BOND

A 10% Bid Bond is required for all Construction projects. An A1A Bid Bond is acceptable. A fully executed, signed copy MUST be submitted with bid submission. The awarded Bidder will be required to mail the original Bid Bond to the City prior to Commission approval.

The Address is as follows:

The City of Daytona Beach

ATTN: Purchasing Department

301 South Ridgewood Ave.

Daytona Beach, FL 32114

PERFORMANCE AND PAYMENT BOND

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

Contractor when a Notice of Intent is issued.

City approved Performance and Payment Bond forms will be sent to the intended Bidder when a Notice of Intent is issued.

All Bonding shall be in accordance with 255.05, F.S.

5.4. MBE/WBE PARTICIPATION

Bidders shall note recent revisions that request submission of "Good Faith Effort" documentation evidencing the Bidder's attempts to achieve the City's MBE/WBE Contract Participation and Employment

Goals.

5.5. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK

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

6. INDEMNIFICATION AND INSURANCE

Indemnification.

CONTRACTOR will indemnify and hold harmless the CITY, including the CITY’s officers, employees, and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the CONTRACTOR’s negligent acts or omissions, or reckless or intentionally wrongful conduct in the performance of this Contract. For purposes of this Section, the term, “CONTRACTOR,” includes CONTRACTOR’s officers, employees, and agents, including subcontractors and other persons employed or used by CONTRACTOR. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise.

Insurance.

CONTRACTOR will provide and maintain at CONTRACTOR’s own expense, insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the CITY’s own insurance. In the event any request for the performance of services presents exposures to the CITY not covered by the requirements set forth below, the CITY reserves the right to add insurance requirements that will cover such an exposure. Unless specifically waived hereafter in writing by the CITY, Contractor agrees that the insurer shall waive its rights of subrogation, if any, against the CITY on each of the above listed insurance coverages in this section.

(a) Coverage and Amounts.

(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers’

Compensation Insurance, and any other applicable federal laws (including Longshore & Harbor Workers'

Act, Jones Act, & Maritime Coverage Endorsement) for all employees of CONTRACTOR, employed at the site of the service or in any way connected with the work, which is the subject of this service. The insurance required by this provision will comply fully with the Florida Workers’ Compensation Law and include

Employers’ Liability Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company involved in the service must be named in the Workers’ Compensation coverage.

(2) Liability Insurance, including:

(i) Commercial General Liability coverage for operations, independent contractors, products-completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring

CONTRACTOR and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and

(ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle used by the CONTRACTOR in the performance of this Contract.

The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager’s sole discretion.

THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AS AN ADDITIONAL

INSURED. CONTRACTOR’S Commercial General Liability insurance policy shall provide coverage to

CONTRACTOR, and CITY when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG

00 01) without the attachment of any endorsements excluding or limiting coverage for

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

(iii) Watercraft Protection & Indemnity in the amount of $1,000,000CSL (Combined Single Limit) of liability coverage if contractor is using watercraft during construction process.

(b) Subcontractors’ Insurance. Each of CONTRACTOR’S subcontractors will be required to provide insurance in substantially similar form to the insurance required of CONSTULTANT above based on services provided.

(c) Proof of Insurance. CONTRACTOR will furnish proof of insurance acceptable to the CITY prior to or at the time of execution of this Contract. CONTRACTOR will not commence work until all proof of all required insurance has been filed with and approved by the CITY. CONTRACTOR will furnish such proof in the form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable to each hazard, and the expiration dates. The certificates will also contain the following language as to cancellation:

“In the event of cancellation of this policy by the insurer or any insured, this Company will give not less than 30 days advance written notice to:

Risk Manager

The CITY of Daytona Beach

P.O. Box 2451

Daytona Beach, Florida 32115-2451”

If requested by the CITY, CONTRACTOR will furnish copies of the insurance contracts to support the certificates of insurance and the copies of said insurance must be acceptable to the CITY.

(d) Cancellation; Replacement Required. CONTRACTOR will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the

CITY. If a required policy is canceled without CONTRACTOR’s prior knowledge CONTRACTOR will immediately notify the CITY immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The CITY expressly reserves the right to replace the canceled policy at CONTRACTOR’S expense if CONTRACTOR fails to do so.

(e) Termination of Insurance. CONTRACTOR may not cancel the insurance required by this Contract until the work is completed, accepted by the CITY and CONTRACTOR has received written notification from the

Risk Management Division of the CITY that CONTRACTOR may cancel the insurance required by this

Contract and the date upon which the insurance may be canceled. The Risk Management Division of the

CITY will provide such written notification at the request of CONTRACTOR if the request is made no earlier than two weeks before the work is to be completed.

(f) Liabilities Unaffected. CONTRACTOR’s liabilities under this Contract will survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly, CONTRACTOR’s liabilities under this Contract will not be limited by the existence of any exclusions or limitations in insurance coverages, or by CONTRACTOR’S failure to obtain insurance coverage.

CONTRACTOR will not be relieved from responsibility to provide required insurance by any failure of the

CITY to demand such coverage, or by CITY’s approval of a policy submitted by CONTRACTOR that does not meet the requirements of this Contract.

Notices. Unless otherwise expressly agreed herein, all notices, requests, and demands to or upon the

Parties will be delivered by hand, delivered by a courier service, provided to a nationally recognized delivery service for overnight delivery, or by U.S. mail, postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein.

7. CONSTRUCTION GENERAL TERMS AND CONDITIONS

7.1. DEFINITIONS AND TERMS

A. Defined Terms.

1. Whenever used in the Contract the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. If there is a discrepancy between these definitions and those in the beginning of the solicitation these meanings will supersede.

2. “50-Percent Completion” means the point at which the owner has expended 50% of the

Adjusted Contract Price.

3. “Adjusted Contract Price” means the Contract Price as set forth in the Contract, as previously adjusted by valid Change Order.

4. “Bid" means the offer of the Bidder.

5. “Bid Schedule” means the Bid Schedule submitted by Contractor with the Bid; unless

Contractor was the sole responsive bidder and the Parties have negotiated final pricing as part of the bid solicitation process pursuant to the Purchasing Code, in which instance the term means the Revised Bid Schedule included within the Contract Documents.

6. “Change Instrument” means a Field Directive or a Change Order.

7. “Change Order” means a written directive issued by the owner authorizing an adjustment in the Contract Price, the Contract Time, the scope of Work, or any other material term or condition of the Contract. When approved by the City Commission, a change order may be in the form of a formal amendment to this Contract.

8. “City Code” means the City of Daytona Beach Code of Ordinances.

9. “City Commission” or “Commission” means the City of Daytona Beach City Commission.

10. “City Manager” means the City Manager for the City.

11. “Commencement Date” means the date established in the Notice to Proceed upon which the Contract Time begins to run; or if no such date is provided in the Notice to Proceed, the date of the Notice to Proceed.

12. “Construction Contract form” means that part of the titled as “Project-Specific Construction

Contract” or something similar and signed by the Parties.

13. “Contract” includes all Contract Documents.

14. “Contract Administrator” means the individual specifically authorized to administer the

Contract on the owner’s behalf; provided, however that in all instances the City Manager may act as the Contract Administrator.

15. “Contract Price” means the total compensation due to Contractor for the Work to be performed under the contract, subject only to those adjustments provided in the Contract

Documents.

16. “Contract Time” means the total period of time stated in the Contract between the

Commencement Date and the deadline for Final Completion, subject only to those adjustments provided in the Contract Documents.

17. “Critical Path” means the longest series of tasks that runs consecutively from the beginning to the end of the Project, as determined by duration and workflow sequence. This longest path sets the managerial standard for how quickly the Project can be completed, given appropriate resources.

18. “Day” or “Days” means calendar days unless otherwise specifically noted in the Contract

Documents.

19. “Defective Work” or “Nonconforming Work” means Work that:

a. Does not conform to the requirements of the Contract;

b. Does not meet the requirements of any inspection, test, or approval as referred to in the Contract or as required by law;

c. Contains defects;

d. Represents a substitute for that required by the Technical Provisions, unless properly approved and authorized as provided in the Contract; or

e. Has been damaged or destroyed prior to Final Completion.

20. “Effective Date” means the date on which this Contract is approved by City Commission.

21. “E/A” (also, “Engineer/Architect”, “Architect, or “Engineer” as applicable ) generally means the professional licensed architect or engineer who develops the criteria and concept for the Project, performs the analysis, and is responsible for the preparation of the Technical

Provisions and Plans. The E/A may be the owner’s in-house staff or a consultant retained by the owner. No contractual relationship is created by this Contract between Contractor and the E/A.

22. “Equipment” means the machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other…