ITB 2026 03 Memorial Bridge Pedestrian Pier Deck Replacement Rehab SR 15 US17.pdf

Request for Proposal (ITB) 2026-03 ITB-2026-03-Memorial Bridge Pedestrian Pier Deck

Replacement & Rehab STATE ROAD (S.R.) 15 /

UNITED STATES HIGHWAY (U.S. HWY) 17

The City of Palatka is seeking proposals for a qualified and licensed contractor(s) to provide a guaranteed maximum bid for the replacement Memorial Bridge Pedestrian Pier Deck Replacement & Rehab – S.R. 15 U.S. 17. Any necessary engineering, drawings, permitting, inspections, materials, and equipment rentals should be included and described in detail for this proposal.

The City reserves the right to enter into agreements with multiple respondents, waive any irregularities submitted, reject any and/or all submittals, re-advertise, and accept any submittals deemed to be in the best interest of the City. No fax or e-mail proposals will be accepted. The City of Palatka reserves the right to reject any and all proposals and waive any irregularities.

Advertisement Date: May 6, 2026

Pre-bid Meeting: May 13, 2026, at 11:00 a.m. (NON-

MANDATORY)

Deadline for Questions: May 20, 2026

Response to Questions: May 26, 2026

Bid Due Date: June 4, 2026 @ 1:00 p.m.

Contact: Lenora Campbell lcampbell@palatka-fl.gov

Respondents are required to submit one (1) original and one (1) copy in a sealed envelope marked "RESPONSE TO PALATKA ITB 2026-03". All questions shall be emailed to the contact listed mailto:lcampbell@palatka-fl.gov above and all questions will be answered in writing. All materials submitted pursuant to this ITB must be submitted in a sealed envelope or container stating on the outside the proposer’s name, address, telephone number and ITB title-number shall become the property of the City of Palatka.

The City of Palatka supports Equal Opportunity Employment, Fair Housing and Providing Handicapped Access. Deliver all materials to:

City of Palatka Attn: City Clerk

201 North Second St.

Palatka, FL 32177

Hand-carried and express mail proposals may be delivered to the above address ONLY between the hours of 8:30 a.m. and 5:00 p.m., local time, Monday through Friday, excluding holidays observed by the City of Palatka.

Bids will be opened and read aloud following the deadline for receipt.

Respondents are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service.

Any proposal received after the deadline will not be considered and will be returned unopened.

The City reserves the right to reject any and all submittals received in response to this ITB as determined to be in the best interests of the City. The City may not award an agreement(s) solely on the basis of this ITB and will not pay for the information solicited or obtained. Any information obtained may be used to determine the suitability of the proposal.

Proposals must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer, and proposer(s) must affix their company’s corporate seal to the proposal. In the absence of a corporate seal, the Proposal must be notarized by a Notary Public.

Non-acceptance of any proposal will not imply any criticism of the proposal or convey any implication that the proposal was deficient. Non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City. All material submitted in response to the ITB becomes the property of the City and will be returned only at the option of the City.

Costs for developing proposals in response to this ITB are entirely the obligation of the respondent and shall not be chargeable in any manner to the City. Explanations desired by the submitter(s) regarding the meaning or interpretation of this ITB must be obtained from the contact person, in writing via email, as is further described below.

To ensure fair consideration and consistent and accurate dissemination of information for all proposers, the City prohibits communication to or with any department, employee, or agent evaluating or considering the proposals during the submission process, except as authorized by the contact person.

During the blackout period as defined herein, except as pursuant to an authorized appeal, no person may lobby, as defined herein, on behalf of a competing party in a particular procurement process city officials or employees. Violation of this provision shall result in the disqualification of the party on whose behalf the lobbying occurred.

The blackout period means the period between the time the submittals for invitation for bid or the request for proposal, or qualifications, or information, or the invitation to negotiate, as applicable, are received by the City of Palatka and the time City officials and employees award the contract.

Lobbying means when any natural person, for compensation, seeks to influence the governmental decision making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by City officials and employees, except as authorized by procurement documents.

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Table of Contents

GENERAL TERMS 5

1) INTENT 5

2) CITY OF PALATKA GENERAL CONDITIONS 5

I. INSURANCE 5

II. MINIMUM QUALIFICATIONS 5

III. WARRANTIES 5

IV. INDEMNIFICATION 5

V. ACCEPTANCE PERIOD OF OFFERS 5

VI. REJECTION OF OFFERS 6

VII. RIGHT TO CHANGE OR ADDITIONAL WORK 6

VIII. POST INSPECTION AND ACCEPTANCE OF WORK 6

IX. CONTRACT TIME 6

X. LIQUIDATED DAMAGES 7

XI. BID BOND 7

XII. CONSTRUCTION BOND 7

SUBMISSION REQUIREMENTS 12

SPECIFICATIONS PACKAGE 13

ATTACHMENT “A” PROPOSER’S CERTIFICATION

ATTACHMENT “B” STATEMENT OF VENDORS QUALIFICATIONS

ATTACHMENT “C” PROPOSER’S CERTIFICATION CITY OF PALATKA, FLORIDA SWORN

STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES

ATTACHMENT “D” CITY OF PALATKA DRUG-FREE WORKPLACE POLICY

ATTACHMENT “E” CERTIFICATES AS TO CORPORATE PRINCIPAL (BID BOND)

ATTACHMENT “F” CONTACT SHEET AND REFERENCES

ATTACHMENT “G” PUBLIC CONSTRUCTION BOND

ATTACHMENT “H” BID PRICING SHEET & SPECIFICATIONS

ATTACHMENT “I” TO ITB 2026-03

LOCAL AGENCY PROGRAM FORMS

BLANK CITY OF PALATKA CONSTRUCTION AGREEMENT

General Terms

1) Intent It is the intent of this solicitation is to award a proposal from qualified and licensed contractor(s) to provide a guaranteed maximum cost to construct the specified facility. Should the city then choose to proceed by contract amendment to include the guaranteed maximum price for the specified facility in this contract, the contractor would then construct the specified facility.

2) City of Palatka General Conditions

i. Insurance The Contractor shall have and maintain liability insurance that is in force until the work is completed and accepted by the City. The Contractor shall furnish, to the City, a certificate of insurance included with the quote document.

ii. Minimum Qualifications To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder must be a valid business with a General Contractor License registered in the State of Florida in good standing.

A Bidder’s failure to submit required qualification information within the times indicated may disqualify the Bidder from receiving an award of the Contract. No requirement in this section to submit information will prejudice the right of the Owner to seek additional pertinent information regarding Bidder’s qualifications.

iii. Warranties The Contractor guarantees that the workmanship to be done under this contract and the materials to be furnished by the supplier for the use in the construction of the same will be from defects or flaws. This warranty shall be for a period of one year from the date of com-pletion.

iv. Indemnification

To the fullest extent permitted by law, the Contractor and subcontractors shall indemnify and hold harmless the City, and their agents, and employees against all claims, damages, losses, and expenses, including but not limited to, attorneys’ fees arising out of or resulting from the performance of the work, regardless of standard of care. This indemnification extends to all costs and all attorneys’ fees incurred by the City.

v. Acceptance Period of Offers

The City shall have up to a maximum of 60 days from date of quote opening to accept an offer under this contract. The award to the successful Bidder, who submits a Bid directly to the City of Palatka as distinct from a sub-bidder, who submits a bid to the Bidder, will be the lowest, responsible, and responsive Bidder to the City of Palatka (on the basis of the City’s evaluation as hereinafter provided).

vi. Rejection of Offers The City reserves the right to reject any or all proposals whenever such rejection is in their best interest. The City reserves the right to reject the proposal of a Contractor who has pre-viously failed to perform properly or to complete on time Contracts of a similar nature. The City also reserves the right to reject a proposal from a Contractor.

vii. Right to Change or Additional Work

The City reserves the right to submit change orders in writing to the Contractor. The City reserves the right to change unit quantities, add or delete project areas. The City reserves the right to negotiate unit pricing for items not included in this quote package. See LAP DIVISION 1 SPECIFICATIONS Section 4-3 for additional details.

viii. Post Inspection and Acceptance of Work

Inspections of the finished work shall be performed by the City or City appointed representa-tive within ten (10) business days to determine the acceptability of the work for payment. If any items are identified by the City as a result of said inspection, the City will provide the Contractor with a “punch list” of items considered by the City to be substandard or incom-plete. The final payment of five (5%) percent retainage (reference in payment section) shall not be paid until all corrective action needed to satisfy the “punch list” items have been com-pleted to the satisfaction of the City. If within thirty (30) days of the date of substantial com-pletion, the Contractor has failed to remedy all punch list items to the satisfaction of the City, the City may, but shall not be obligated to cause all such remaining items to be remedied through the use of other contractors and deduct the cost thereof from the retainage. To the extent said retainage does not adequately cover the cost of the necessary remedies the City may recover said costs from the Contractor including without limitation all of the City’s attor-ney fees and costs incurred in pursuit thereof.

ix. Contract Time

The Contractor shall have fifteen (15) business days to return Contract originals from the time the Contractor receives a “Notice of Award”.

The City will return a “fully executed” Contract to the Contractor no later than ten (10) busi-ness days after the return of the executed Contract originals (but no later than fifteen (15) business days from the Notice of Award).

“The work to be performed under this Agreement shall be commenced within fifteen (15) days of the Notice to Proceed date. Construction of the project:

Time of Substantial Completion is to be no longer than 90 consecutive calendar days total from the Notice to Proceed date delivered by the City, unless an extension is granted in writing by the City and agreed upon by both parties.

Time of Final Completion is to be no longer than 120 consecutive calendar days total after Substantial Completion, unless an extension is granted in writing by the City and agreed upon by both parties.

x. Liquidated Damages

See LAP DIVISION 1 SPECIFICATIONS Section 8-10 for details.

xi. Bid Bond Each proposer must provide with the submission of the Bid a Security Bid Bond issued by a surety company licensed to do business in the state in an amount equal to five percent (5%) of the Bid Price submitted. A Firm shall forfeit the Security Bid Bond if the Firm refuses or fails to execute the Agreement within fifteen (15) calendar days from the Notice to Proceed.

xii. Construction Bond

In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the CITY, a 110% Public Construction Bond in an amount not less than the total cost of the Project. The Bond shall incorporate by reference the terms of the Contract Docu-ments in its entirety. Moreover, Contractor agrees that the following language shall be ex-pressly included within the language of its Public Construction Bond:

“Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Con-tract Documents incorporated herein or as provided for by Florida law.”

The Bond must be written by a Surety licensed to do business in Florida and named in the current list of “Companies’ Holding Certificates of Authority as Acceptable Sureties on Federal Bonds” as published in Circular 570 (as amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of Treasury.

When the successful Bidder delivers the executed Agreement to the CITY, it must be accom-panied by the required Construction Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney-in-fact who sign bonds must file with such bond a certified copy of their Power-of-Attorney to sign said bonds.

Before commencing the work or before commencing the work after a default or abandon-ment, the Contractor shall provide to the City a certified copy of the recorded bond. Notwith-standing the terms of the Contract or any other law governing prompt payment for construc-tion services, the City may not make a payment to the Contractor until the Contractor has complied with this paragraph.

Termination Clause The City of Palatka reserves the right to terminate the contract, in whole or in part, at its sole discretion under the following circumstances:

1. Non-Performance – Failure to perform the required work in accordance with the contract specifications or failure to meet agreed deadlines.

2. Legal Violations – Violation of any federal, state, or local laws, regulations, or ordinances applicable to the contract.

3. Failure to Obtain Permits or Approvals – If the contractor fails to secure the necessary permits or approvals required for the work.

4. Breach of Contract – Any failure to adhere to the contract terms, including pricing, insurance, safety requirements, or quality standards.

5. Unsafe or Unacceptable Work – Work that is determined to be unsafe, of poor quality, or that does not meet project specifications.

6. Financial Insolvency – If the contractor declares bankruptcy or is otherwise unable to complete the work due to financial instability.

7. Convenience of the City – The City may terminate the contract for its convenience, provided the contractor is compensated for work satisfactorily completed up to the date of termination.

In the event of termination, the City will provide written notice to the contractor specifying the reason and effective date of termination. The contractor shall cease work immediately upon receipt of notice, remove all equipment and personnel from the site, and return any City property. Any costs incurred due to the contractor’s failure to perform may be deducted from payments owed or recovered through legal means.

RIGHTS OF APPEAL

Participants in the ITB solicitation may protest ITB specifications in accordance with any applicable portions of the City of Palatka Code of Ordinances.

LAWS AND REGULATIONS

Bidders shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion.

Respondents are presumed to be familiar with all Federal, State, and local laws, ordinances, codes, and regulations that may in any way affect the services offered. The proposals shall comply with the City’s Comprehensive Plan, Land Development Code, Building Code, Florida Department of Transportation, FY2025-26 Standard plans for Road and Bridge Construction and applicable Interim Revisions (Irs), Division II and III of the Florida Department of Transportation, FY 2025- 26 Standard Specifications for Road and Bridge Construction, and other applicable regulatory requirements. The Contractor or their subcontractors shall comply with Florida Statute, 20.055(5).

A. Project Scope/Areas:

The City of Palatka is seeking proposals for a qualified and licensed contractor(s) to provide a proposal for services to for the design of deck replacement and rehabilitation of the Memorial Bridge Pedestrian Pier in accordance with applicable provisions of the Base Consultant Agreement, including that Agreement’s Exhibit A (“Scope of Services”), which is incorporated herein by reference. Any necessary engineering, drawings, permitting, inspections, materials, and equipment rentals should be included and described in detail for this proposal. The City shall secure the

Certificate of Appropriateness. The Contractor shall obtain all other necessary permits and approvals.

A complete proposal for construction services shall describe and include pricing for the Financial Project ID 445421-2-58-01, Memorial Bridge Pedestrian Pier Deck Replacement & Rehab signed and sealed plans.

It is understood that except as otherwise specifically stated in the contract, the vendor (contractor) shall provide and pay for all materials, labor, tools, equipment, and transportation of every nature and all other services and facilities of every nature whatsoever, necessary to execute, complete and deliver the work within the specified time. Permits and licenses (including the City of Palatka) necessary for the execution of work shall be secured by the vendor. All supplies and material shall be new. Materials are to be stored on site in a secured area provided by the City. The Contractor is responsible for adhering to all applicable laws and regulations, including but not limited to any lead paint abatement and disposal.

SUBMISSION REQUIREMENTS

To be considered, please include the following information:

1. Valid Business/Contractor Licensing/Registration Information.

2. Proof of current qualification with the Florida Department of Transportation in Tallahassee, Florida to conduct the scope of work outlined in these specifications.

3. Certificate of Insurance demonstrating general liability, auto, and worker compensation insurance.

4. No less than two independent references for similar work previously completed.

5. Complete all Bid Form as attached.

6. Complete the attached State of Florida Department of Transportation Local Programs forms:

i. 375-030-31

ii. 375-030-32

iii. 375-030-33

iv. 375-030-34

v. 525-010-46

vi. 575-060-13

vii. 525-011-0G (FHWA Form 1273)

TERMS FOR WORK

i. Pre-Inspection of Existing Conditions Each Contractor, before submitting an offer, shall become completely familiar with the required work and shall rely on their own investigation to verify site conditions, measurements, and quantities. The City Representative will be available to have the proposed site inspected.

No consideration will be granted for any alleged misunderstanding of the material to be furnished, the work to be done, or for any defects in the final product that are the result of the absence of a site pre-inspection and the lack of knowledge of existing conditions.

ii. General requirements All work shall be completed by the successful bidder and include all necessary labor, materials, and equipment needed to complete the work. The selected contractor shall complete all the work in conformance with City, County, State, and Federal regulations.

iii. Equipment Requirements

All hauling equipment used on the project shall meet the requirements of the most recent edition of FDOT Standard Specifications.

iv. Hours of Operation

Submit construction schedules and schedule changes to the Engineer and the City of Palatka, including an estimated start date, a weekly construction schedule, and daily hours of operation.

v. Construction Scheduling

All work must be performed as scheduled through the City Representative. Any work performed without the expressed permission of the City Representative may be removed at the cost of the contractor.

vi. Standards

Florida Department of Transportation, FY2025-26 Standard plans for Road and Bridge Construction and applicable Interim Revisions (Irs), Division II and III of the Florida Department of Transportation, FY 2025-26 Standard Specifications for Road and Bridge Construction unless specifically requested by the City Representative in writing.

ADA Standards – All construction requested on behalf of the City of Palatka shall comply with the most recent ADA Accessibility standards.

Florida Building Code Standards - All construction requested on behalf of the City of Palatka shall comply with the most recent Florida Building Code standards.

Testing - All materials and every detail of work will be subject to inspection by The City Representative. The City Representative shall be allowed access to all parts of the work.

vii. Debris Removal Winning bidder will be responsible for the collection and disposal of all debris generated during the course of work performed.

viii. Clean Up

At completion, each site shall be left in a neat and clean condition, subject to approval of The City Representative. No debris or material of any kind shall be left on site outside of designated laydown areas overnight at any time. Restoration of any damaged or altered items shall be completed prior to payment from the City.

ix. Safety All work must be conducted in strict accordance with the latest Regulations of OSHA.

x. Materials

Fasteners – Where applicable and unless specified otherwise, all fasteners shall be stainless steel and sized appropriately according to the most recent version of the Florida Building Codes.

Brackets – As specified in the signed and sealed plans, otherwise, all brackets shall be stainless steel or Hot Dipped Galvanized (HDG) and sized appropriately according to the most recent version of the Florida Building Codes.

Concrete mixtures – Per Florida Department of Transportation, FY2025-26 Standard plans for Road and Bridge Construction and applicable Interim Revisions (Irs), Division II and III of the Florida Department of Transportation, FY 2025-26 Standard Specifications for Road and Bridge Construction.

Fill material - Where applicable and unless specified otherwise, all fill materials shall be clean and free of any organic material and able to be compacted to a suitable level.

Lumber decking - As specified in the signed and sealed plans.

Exterior structural lumber - As specified in the signed and sealed plans.

Paint or coloring of materials - Where applicable and unless specified otherwise, the City reserves the right to be presented and select colors for paint or materials related to this project.

xi. Miscellaneous

• The contractor shall take all necessary precautions to limit dust.

• The contractor shall ensure that transitions from new work to existing are constructed in such a manner as to limit any vertical change in the surface to less than ¼ of an inch.

• The contractor shall ensure that new work is constructed in a manner that is at minimum compliant with the most recent version of the FDOT Standard Plans, ADA Standards for Accessible Design, and the Florida Building Codes.

• Mechanical breaking by other means will be allowed in instances where there is a need. In either case the contractor shall ensure that the abutting structures are not disturbed by the removal process.

• CONTRACTOR SHALL REQUEST AND VERIFY ALL UTILITIES LOCATES WITHIN

PROPOSED AREAS OF WORK PRIOR TO THE START OF CONSTRUCTION.

Submission Requirements

To be considered, bids must include the following information:

1. ☐ Attachment: A - PROPOSER’S CERTIFICATION

2. ☐ Attachment: B – STATEMENT OF VENDOR’S QUALIFICATION

3. ☐ Attachment: C - CITY OF PALATKA, FLORIDA SWORN

STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC

ENTITY CRIMES

4. ☐ Attachment: D - CITY OF PALATKA DRUG-FREE WORKPLACE

POLICY

5. ☐ Attachment: E – CERTIFICATES AS TO CORPORATE PRINCIPAL (Bid Bond)

6. ☐ Attachment: F – CONTACT INFORMATION AND REFERENCES

7. ☐ Attachment: G – BID PRICING SHEET

1. ☐ Certificate of Insurance demonstrating general liability, auto, and worker compensation insurance.

2. ☐ Documentation of workman’s compensation coverage.

3. ☐ No less than two independent references for similar work previously completed.

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SPECIFICATIONS

PACKAGE

ITB-2026-03

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FPID(S): 445421-2-58-01

March 19, 2026 PREPARED BY: Vicken Serpekian, PE

Lynn Decker, P.E., Jay Patel, P.E.

SPECIFICATIONS PACKAGE

Contract Number: TBD

FINANCIAL PROJECT ID(S).445421-2-58-01

FEDERAL FUNDS

DISTRICT TWO

PUTNAM COUNTY

The applicable Articles and Subarticles of the General Requirements & Covenants division (Division I) of the FY 2026-27 edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction are added, and all of the Construction Details and Materials divisions (Division II & III) are revised, as follows:

I hereby certify that this specifications package has been properly prepared by me, or under my responsible charge, in accordance with procedures adopted by the Florida Department of Transportation.

This item has been digitally signed and sealed by on the date adjacent to the seal.

The signature must be verified on any electronic copies.

Date: 3/19/2026 State of Florida, Professional Engineer, License No.: 82646 Firm/Agency Name: ELEMENT Engineering Group, LLC Firm/Agency Address: 1713 E 9th Ave City, State, Zip Code: Tampa, FL, 33605 Page(s):

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LAP DIVISION 1 SPECIFICATIONS

SECTION 1 – DEFINITIONS AND TERMS

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

SECTION 4 – SCOPE OF THE WORK

SECTION 5 – CONTROL OF THE WORK (FINAL ACCEPTANCE AND

CLAIMS)

SECTION 6 – CONTROL OF MATERIALS

SECTION 7 – LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE

PUBLIC

SECTION 8 – PROSECUTION OF WORK

SECTION 9 – MEASUREMENT AND PAYMENT

344 CONCRETE FOR LOCAL AGENCY PROGRAM (LAP) (CLASS - D)

THIS COMPLETES THIS SPECIFICATIONS PACKAGE

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LAP DIVISION 1 SPECIFICATIONS.

(REV 6-27-24) (FA 8-23-24) (FY 2025-26)

Construction Checklist Specifications from

Department of Transportation Standard Specifications for Road and Bridge Construction

The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP Specifications as needed in accordance with the Local Programs Manual (525-010-

300) and the Local Agency Program Checklist for Construction Contracts (Phase 58) – Federal and State Requirements (525-010-44)

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SECTION 1 – DEFINITIONS AND TERMS.

Department Name City of Palatka (Public Works)

EngineerLocal Agency Approved Delegate

Contractor’s Engineer of Record.

A Professional Engineer registered in the State of Florida, other than the Engineer of

Record or their subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as part of a redesign or Cost Savings Initiative Proposal, or for repair designs and details of the permanent work. The Contractor’s Engineer of Record may also serve as the Specialty Engineer.

The Contractor’s Engineer of Record must be an employee of a pre-qualified firm. The firm shall be pre-qualified in accordance with the Rules of the Department of Transportation, Chapter 14-75. Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation.

As an alternate to being an employee of a pre-qualified firm, the Contractor’s Engineer of Record may be a pre-qualified Specialty Engineer. For items of the permanent work declared by the State Construction Office to be “major” or “structural”, the work performed by a pre-qualified Specialty Engineer must be checked by another pre-qualified Specialty Engineer. An individual Engineer may become pre-qualified in the work groups listed in the Rules of the Department of Transportation, Chapter 14-75, if the requirements for the Professional Engineer are met for the individual work groups. Pre-qualified Specialty Engineers are listed on the State Construction Website. Pre-qualified Specialty Engineers will not be authorized to perform redesigns or Cost Savings Initiative Proposal designs of items fully detailed in the plans.

Specialty Engineer.

A Professional Engineer registered in the State of Florida, other than the Engineer of

Record or their subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the Plans and required to be furnished by the Contractor. The Specialty Engineer may also provide designs and details, repair designs and details, or perform Engineering Analyses for items of the permanent work declared by the State Construction Office to be “minor” or “non-structural”.

For items of work not specifically covered by the Rules of the Department of Transportation, a Specialty Engineer is qualified if they have the following qualifications:

1. Registration as a Professional Engineer in the State of Florida.

2. The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2-1 Prequalification of Bidders.

Except as noted below, prequalify with the Department to be eligible to bid. The

Department publishes regulations covering prequalification of Bidders under separate cover.

The Department does not require the Bidder to be a prequalified Contractor if bidding construction contracts of $250,000 or less, or if constructing buildings. In addition, at its sole discretion, the Department may waive prequalification requirements on contracts of $500,000 or less.

For construction contracts requiring prequalification, file an application for qualification using the Department’s online prequalification application system, giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the prequalified Bidder to have under contract at any one time.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following:

1. A bid on a Contract to provide any goods or services to a public entity.

2. A bid on a Contract with a public entity for the construction or repair of a public building or public work.

3. Bids on leases of real property to a public entity.

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S., for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list.

All prequalified Contractors bidding on any Contract must certify their total dollar amount of Work Underway and submit Form 375-020-39 or a spreadsheet in a similar format prior to submitting a bid. This information must be submitted at least once during the month the bid is due via the “Work Underway” link in the Contractor Pre-Qualification System.

SECTION 4 – SCOPE OF THE WORK.

4-3 Alteration of Plans or of Character of Work.

4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract.

The term “significant change” applies only when:

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1. The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

2. A major item of work is defined as an increase in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity.

In (1) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis.

4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety.

Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department’s responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14.

While the submittal or review of a duly certified request for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department.

The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension

-7-entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1.

4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner:

1. Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder.

Payment for burden shall be limited solely to the following:

Table 4-1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual

Retirement benefits Actual

Workers Compensation

Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work.

Per Diem Actual but not to exceed State of Florida’s rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).

following:

At the Pre-construction conference, certify to the Engineer the

a. A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract,

b. Actual Rate for items listed in Table 4-1,

c. Existence of employee benefit plan for Holiday, Sick and

Vacation benefits and a Retirement Plan, and, -8-

d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested.

Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work.

2. Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies.

3. Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” as published by EquipmentWatch, a division of Informa Business Media, Inc., using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the “Rental Rate Blue Book.”

Allowable Equipment Rates will be established as set out below:

a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.

Cost x 100%.

b. Allowable Hourly Operating Cost = Hourly Operating

c. Allowable Rate Per Hour = Allowable Hourly

Equipment Rate + Allowable Hourly Operating Cost.

d. Standby Rate = Allowable Hourly Equipment

Rate x 50%.

The Monthly Rate is The Basic Machine Rate Plus Any

Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours.

Standby payment will not be made on days that are not normally considered work days on the project.

The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform this work at the rate for standby equipment.

-9-above.

Equipment may include vehicles utilized only by Labor, as defined

4. Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (a) or (b) below:

a. Solely a mark-up of 17.5% on the payments in (1) through (3), above.

1. Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or unforeseen work paid by the Department via initial contingency pay item.

2. The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark-up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so.

b. Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below.

D = A × C B

Where A = Original Contract Amount B = Original Contract Time C = 8% D = Average Overhead Per Day

Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing contract items, that extend the duration of the project or delay of a controlling work item caused solely by the Department, or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor.

No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time

-10-extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events.

Further, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay.

4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (1), (2),

(3) and (4)(a). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(4)(a) or (4)(b), except that the Average Overhead Per-Day calculation is as follows:

Ds = As × C B

Subcontract amounts(s)*

Where As = Original Contract Amount minus Original

B = Original Contract Time C = 8% Ds = Average Overhead Per-Day

* deduct Original Subcontract Amount(s) of subcontractor(s) performing the work

The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond.

The Contractor shall require the subcontractor to submit a certification, in accordance with 4-3.2.1 (1), as part of the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs.

4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents.

4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in

-11-the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto.

A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater.

Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer’s written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department’s approval of the document.

4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4-3.2.