ITB-25-1_Bid_Documents-Div_00.pdf

PPoorrtt CCaannaavveerraall BBiidd PPaacckkeett

CCRRUUIISSEE TTEERRMMIINNAALL 55 MMAARRIINNEE IIMMPPRROOVVEEMMEENNTTSS

PPNN 2255--001111DD

BBIIDD NNUUMMBBEERR:: IITTBB--2255--11

BBIIDD SSEETT

May 19, 2025

Bid Set Date: 5/19/2025 Bid Date: 6/11/2025 @ 2:00 PM EDT Prepared By: Jacobs Engineering Checked By: Canaveral Port Authority Approved By: Patrick Hammond, Sr. PM Published Date: 5/12/25 Project No: 25CPA002 (Jacobs PN)

Canaveral Port Authority 445 Challenger Rd, Suite 301 Cape Canaveral, FL 32920

(321) 783-7831

CRUISE TERMINAL 5 MARINE IMPROVEMENTS

PN 25-011D

ITB-25-1

25CPA002 00 01 10-1 BID SET

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND PAGE #

CONTRACTING REQUIREMENTS

TABLE OF CONTENTS 00 01 10-1 THRU 00 01 10-4

NOTICE TO BID 00 11 13-1

INSTRUCTIONS TO BIDDERS 00 21 13-1 THRU 00 21 13-6

PROPOSAL 00 42 13-1 THRU 00 42 13-6

PROPOSAL BREAKDOWN TABLE 00 43 27-1

FORM OF AGREEMENT 00 52 13-1 THRU 00 52 13-7

PUBLIC CONSTRUCTION BOND 00 61 13-1

NON-COLLUSION AFFIDAVIT OF PRIME

BIDDER 00 62 40-1

SWORN STATEMENT PURSUANT TO SECTION

287.133(3)(a), FLORIDA STATUTES, ON PUBLIC

ENTITY CRIMES 00 62 41-1 THRU 00 62 41-2

CERTIFICATION OF CURRENT CAPACITY 00 62 42-1 THRU 00 62 42-2

CONFLICT OF INTEREST CERTIFICATE 00 62 43-1

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY

MATTERS 00 62 44-1

WORK OPPORTUNITY TAX CREDIT & WELFARE

TO WORK TAX CREDIT 00 62 45-1

SUB-CONTRACTOR LIST 00 62 46-1 THRU 00 62 46-2

STANDARD GENERAL CONDITIONS 00 72 13-1 THRU 00 72 13-45

DIVISION 01 - GENERAL REQUIREMENTS PAGE #

SECTION 01 11 13

SUMMARY OF WORK 01 11 13-1 THRU 01 11 13-2

ITB-25-1

25CPA002 00 01 10-2 BID SET

SECTION 01 11 16

GENERAL REQUIREMENTS 01 11 16-1 THRU 01 11 16-17

SECTION 01 11 23

OWNER DIRECT PURCHASE PROGRAM 01 11 23-1 THRU 01 11 23-5

SECTION 01 11 23.13

OWNER DIRECT PURCHASE (ODP) OF

MATERIALS CONTRACT FORMAT 01 11 23.13-1

SECTION 01 21 16

ALLOWANCES 01 21 16-1

SECTION 01 22 13

MEASUREMENT & PAYMENT 01 22 13-1 THRU 01 22 13-2

SECTION 01 24 13

VALUE ENGINEERING 01 24 13-1 THRU 01 24 13-5

SECTION 01 32 13

CONSTRUCTION SCHEDULE 01 32 13-1 THRU 01 32 13-19

SECTION 01 35 43

ENVIRONMENTAL PROTECTION 01 35 43-1 THRU 01 35 43-11

SECTION 01 45 16

QUALITY CONTROL 01 45 16-1 THRU 01 45 16-4

SECTION 01 55 26

TRAFFIC REGULATION 01 55 26-1 THRU 01 55 26-2

ITB-25-1

25CPA002 00 01 10-3 BID SET

TECHNICAL SPECIFICATIONS

DIVISION 02 – EXISTING CONDITIONS PAGE #

SECTION 02 41 00

SELECTIVE DEMOLITION 02 41 00-1 THRU 02 41 00-6

DIVISION 03 – CONCRETE PAGE #

SECTION 03 10 00

CONCRETE FORMWORK 03 10 00-1 THRU 03 10 00-6

SECTION 03 15 16.1

CONCRETE MOVEMENT JOINTS 03 15 16.1-1 THRU 03 15 16.1-4

SECTION 03 20 00

CONCRETE REINFORCEMENT 03 20 00-1 THRU 03 20 00-5

SECTION 03 30 00

CAST-IN-PLACE CONCRETE 03 30 00-1 THRU 03 30 00-19

SECTION 03 41 33

PRECAST PRESTRESSED

CONCRETE DECK UNITS 03 41 33-1 THRU 03 41 33-9

DIVISION 05 – METALS PAGE #

SECTION 05 14 10

ALUMINUM FABRICATIONS 05 14 10-1 THRU 05 14 10-5

SECTION 05 50 00

METAL FABRICATIONS 05 50 00-1 THRU 05 50 00-3

DIVISION 09 – FINISHES PAGE #

SECTION 09 96 00

COATING SYSTEMs 09 96 00-1 THRU 09 96 00-5

DIVISION 31 – EARTHWORK PAGE #

SECTION 31 62 13

PRESTRESSED PRECAST CONCRETE PILING 31 62 13-1 THRU 31 62 13-11

SECTION 31 62 16

STEEL PILING 31 62 16-1 THRU 31 62 16-14

ITB-25-1

25CPA002 00 01 10-4 BID SET

SECTION 31 62 17

DYNAMIC PILE LOAD

TESTING AND VIBRATION MONITORING 31 62 17-1 THRU 31 62 17-9

DIVISION 35 – WATERWAY AND MARINE PAGE #

CONSTRUCTION

SECTION 35 43 35

SCOUR PROTECTION MATS 35 43 35-1 THRU 35 43 35-17

SECTION 35 59 13.1

MARINE FOAM FILLED FENDERS 35 59 13.1-1 THRU 35 59 13.1-19

SECTION 35 59 33

MARINE BOLLARDS 35 59 33-1 THRU 35 59 33-8

APPENDIX

APPENDIX A – PERMITS

APPENDIX B – SOIL BORING LOGS

APPENDIX C – CRUISE VESSEL SCHEDULE

END OF SECTION

PN-25-011D

25CPA002 00 11 13-1 BID SET

CANAVERAL PORT AUTHORITY

NOTICE TO BID

Sealed proposals will be received by the undersigned at the Canaveral Port Authority, Maritime Purchasing Center, 399 Challenger Rd, Cape Canaveral, Florida 32920 for CRUISE TERMINAL 5 MARINE IMPROVEMENTS, until 2:00 PM EDT, June 11, 2025, at which time and place the bids will be publicly opened and read aloud.

The Work is generally described as follows: At Cruise Terminal 5, perform selected demolition on the existing open pile pier and adjacent mooring dolphins. Construct new open pile pier extensions to the north and south of the existing pier, modify existing aluminum catwalks and install in new positions, modify existing electrical raceway system and waterlines, and provide solar powered lighting for the south pier extension and mooring dolphins.

Non-mandatory pre-bid site visits are scheduled for 8:30 AM on May 27 and June 3, 2025, at 445 Challenger Rd, Cape Canaveral, FL 32920. Pre-registration is not required to attend; however, you must have a driver’s license or employer badge with you at the site visits.

Solicitation Documents can be downloaded directly via the VendorLink link from the CPA website https://www.portcanaveral.com/business/vendor-services/bids-solicitations. Direct all inquiries to Karen Pappas at (321) 394-3219 or kpappas@portcanaveral.com. This solicitation is governed by CPA Policy POL-2016-002-PUR-3, Establishment of a Limited Communications Period with Respect to Procurement Procedures.

The Owner reserves the right to reject all proposals with or without cause, to waive technical errors and informalities, and to accept the proposal that best serves the Owner.

The Canaveral Port Authority

By_________________________ Karen Pappas Director, Procurement

Published On: 5/12/25 Florida Today – Brevard Edition https://www.portcanaveral.com/business/vendor-services/bids-solicitations mailto:kpappas@portcanaveral.com

25CPA002 00 21 13-1 BID SET

INSTRUCTIONS TO BIDDERS

1.01 SEALED PROPOSALS: Sealed proposals shall be received at the time and place designated in the Notice to Bid. Timely bids are publicly opened and read aloud, tabulated, and apparent low bidder announced. Apparent low bidder shall provide all transportation, labor, materials, tools, supplies, plant equipment and machinery necessary for performing all contract obligations herein specified and identified on the drawings and specifications. A certified or cashier’s check on a national or state bank, or a bid bond in a sum not less than five percent (5%) of the amount of the base bid, made payable to Canaveral Port Authority, shall accompany each proposal as a guarantee that the bidder will not withdraw from the competition after the opening of proposals. A standard AIA Bid Bond form is acceptable. In the event the contract is awarded, the Bidder is required to furnish a Public Construction Bond before entering into a contract. Failing to do so may result in the Owner retaining the bid bond for liquidated damages. Proposals shall be prepared, addressed and submitted in compliance with instructions as set forth in the Contract Documents.

1.02 DELIVERY OF PROPOSALS: All proposals, whether mailed or delivered in person, shall be submitted in duplicate in a single sealed envelope bearing on the outside the words "SEALED BID – TO BE OPENED AT PUBLIC BID OPENING ONLY".

The title of the project as identified below, bid date and time, and Bidder’s name, address and telephone number shall be clearly marked on the front of the envelope.

Title: CRUISE TERMINAL 5 MARINE IMPROVEMENTS

Address to:

Mailing/Shipping Address:

Purchasing Department c/o Canaveral Port Authority Maritime Purchasing Center 399 Challenger Rd Cape Canaveral, Florida 32920

In addition to the sealed written proposals, an electronic copy of the proposal must be uploaded to the VendorLink portal prior to the bid due date and time.

Hand-carried proposals shall be turned in at the Maritime Purchasing Center, 399 Challenger Rd., Cape Canaveral, Florida 32920. The Maritime Purchasing Center is open from 8 AM to Noon and 1 PM to 5 PM. The bid opening will take place in the conference room at the Maritime Purchasing Center.

Delivering the bid to the Canaveral Port Authority on or before the stated time and date is solely the responsibility of the Bidder. The Canaveral Port Authority is not responsible for delays caused by the mail service or any other occurrence.

25CPA002 00 21 13-2 BID SET

Bid time is scrupulously observed. Under no circumstances are late bids accepted.

Late bids are returned to the Bidder unopened. Bidders shall not include bids for more than one project in any one envelope.

1.03 PROPOSAL FORMS: Pages 00 42 13-1 through 00 42 13-6 constitute the proposal.

The Bidder shall submit two sets of originals of their proposal on the forms provided, or an exact copy of the forms, furnished herewith. All blank spaces shall be filled in accurately. The Bidder shall state the price, typewritten or written in ink, for each item requested. Partially completed bids are not accepted.

Bids shall include documentation required by the Florida “Trench Safety Act”. The lump sum presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards.

1.04 SIGNATURE ON PROPOSAL: The Bidder shall sign their proposal as specified.

Proposals made by individuals shall include The Bidder’s name and post office address. If a firm or partnership submits a bid, the name and physical address of each principal or officer of the firm or partnership shall be identified. For proposals submitted by a corporation, the authorized person signing the proposal shall identify the name of the state under the laws of which the corporation is chartered. In addition, the names and business addresses of the Corporation’s President, Secretary, and Treasurer shall be listed. The proposal shall bear the seal of the Corporation attested by the Corporation’s Secretary. Anyone signing the proposal as an Agent shall include with the proposal, legal evidence of his authority to act as an Agent.

1.05 LAWS AND REGULATIONS: The Bidder’s attention is directed to the fact that all applicable Federal and State laws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full and failure to be familiar with same will in no way relieve the Bidder from responsibility.

State law requires construction to be done by Florida licensed contractors. The Bidder shall be a General Contractor or Specialty Marine Contractor as defined by Florida Statutes CH-489, registered in any county/municipality in the State of Florida. In addition, the Bidder’s management team and on-site project team shall have ten years of continuous documented experience with marine structures construction projects of at least $10,000,000 in construction cost per year. A copy of the bidder’s license or certificate and proof of experience shall be attached to the bid proposal.

The Bidder shall be required to subcontract the utilities, electrical, mechanical, and plumbing work unless the Bidder holds a State of Florida certificate of competency or a Florida County/municipality registration for those specialties. Except for

25CPA002 00 21 13-3 BID SET

dredging subcontractors, all subcontractors shall be certified in the State of Florida or registered in a Florida County/municipality and shall hold an occupational license in the municipality in which they are based.

1.06 EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Before the Bidder submits a proposal, it is highly recommended that the Bidder visit the site of the proposed work. The Bidder shall be familiar with the scope of work and all local conditions that affect the work to be completed and the equipment, materials and labor required to perform this work. The Bidder shall examine and successfully complete the Contract Documents and application for the Public Construction Bond.

The Bidder shall familiarize themselves with all conditions and requirements that may adversely affect the work to be performed under this Contract. In addition, the Bidder shall fully examine the Contract documents to verify, with the table of contents on both the drawings and specifications, that all pages and drawings have been provided.

Non-mandatory pre-bid site visits are scheduled for 8:30 AM on May 27, 2025, and

June 3, 2025, at 445 Challenger Rd, Cape Canaveral, FL 32920. Pre-registration is not required to attend; however, you must have a driver’s license or employer badge with you at the site visits.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material or equipment may be furnished by the Contractor if acceptable to the Owner, application for such acceptance will not be considered by the Owner until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Owner is set forth in Specification Section 01 11 16, paragraph

1.06 of the General Requirements.

1.07 QUALIFICATION OF BIDDERS:

A. If requested by Owner, the Bidder shall submit to the Engineer a properly completed Contractors Qualification Statement, AIA Document A305, along with all other evidence of satisfactory experience and abilities to perform the proposed work.

B. If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within the past 30 days, itemizing present financial resources, liabilities and capital equipment.

C. Bidders may be disqualified and their bids rejected for any of the following:

1. Reason to believe that collusion exists among Bidders.

25CPA002 00 21 13-4 BID SET

2. Determination by Owner for lack of competency as may be revealed by qualification statements, financial statements, experience records, or other questionnaires.

3. The Bidder's uncompleted work load, which in the judgement of the Owner, may cause detrimental impact or prompt completion of this Contract.

4. The Bidder is or has been involved in any litigation against the Owner.

5. The Bidder has defaulted on any contract or is in arrears on any existing contract.

1.08 RIGHT TO REJECT PROPOSALS: The Owner reserves the right to reject any and all proposals; with or without cause, and to waive technical errors and informalities, and to accept the proposal, which in its judgement, best serves the Owner.

1.09 AWARD OF CONTRACT: The award of the Contract, if awarded, will be to the lowest sum of all base bid items, and those additive alternate bid items selected by the Owner, by a responsible Bidder whose qualifications will be in the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents and does not exceed the funds available. Time is of the essence for completion of this project and the time limits provided in the proposal, if set by the Bidder, will be accorded weight by the Owner in the determination of the award of the proposal. The Contract shall not be awarded until all pertinent investigations are made with respect to the capabilities of the low bidders. The Owner shall be satisfied that the bidders are qualified to complete the Contract and have the required organization, finances, manpower and equipment to perform the Contract obligations within the timelines specified.

1.10 RETURN OF PROPOSAL GUARANTY: After the proposals have been compared, the Owner utilizing his discretion, may return the guarantee deposit accompanying such proposals to Bidders not considered for the Contract award. The remaining proposal guarantees will be held until the Contract and bonds have been executed;

after which, the proposal guarantees will be returned to the respective bidders. The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening.

1.11 FAILURE TO EXECUTE THE CONTRACT: The failure of the successful bidder to execute the Contract as required by the proposal is just cause for the annulment of the award. The amount of guarantee deposited with the proposal, either in the form of a certified or cashier's check or a bid bond, will be retained or be paid upon demand to the Owner, not as a forfeiture, but rather will be for liquidated damages, for the breach of the Contract. This being agreed to by each bidder, in advance, that the Owner sustains damages by reason of the failure of the Bidder to execute the Contract. Such damages are equal to the amount of the guarantee deposit, or exceed the same, and in no event shall the Bidder thereafter be permitted to legally contest to the contrary and waives such rights upon executing the proposal.

25CPA002 00 21 13-5 BID SET

1.12 INTERPRETATIONS AND CLARIFICATIONS OF THE CONTRACT DOCUMENTS:

All questions about the meaning or intent of the Contract Documents shall be submitted in writing to Owner, using the VendorLink portal. Replies will be issued through VendorLink to all parties recorded as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids will not be answered. No answers given in response to questions submitted shall be binding upon this solicitation process unless released in writing through VendorLink. Verbal and other interpretations or clarifications will be without legal effect to the solicitation or Contract.

1.13 SECURITY FOR FAITHFUL PERFORMANCE: Prior to executing the agreement, the apparent low Bidder shall furnish a Public Construction Bond in the full amount of the Contract as security for faithful performance of the Contract and furnishing materials in conjunction with this Contract as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner and licensed to do business in the State of Florida. Attorneys-in-fact, who sign bid bonds or contract bonds, must file with each bond a certified and effectively dated copy of their power of attorney, indicating the monetary limit of such power.

1.14 INSURANCE: Prior to executing the agreement, the apparent low bidder shall furnish the Owner evidence of insurance coverages defined in the General Conditions.

1.15 CONTRACT TIME: The Bidder accepts the schedule and liquidated damages clauses defined in the bid documents and Contract.

1.16 OWNER OPTION TO ELECT ALTERNATIVE: For Proposals containing additive alternate bid items, the Owner reserves the option to include any or all of the additive bid items in the Scope of the Work and Contract as stipulated herein. The bids for additive alternate items shall remain valid for sixty (60) days following the date of executing the Contract. Contract time and completion dates may be renegotiated if the Owner elects additive alternate items to be included in the Contract after execution of the Contract.

1.17 SUBCONTRACTOR LIST:

A. Before the Owner executes the Contract, the successful Bidder shall submit a list of names and addresses of his Subcontractors and material suppliers proposed for the principal portions of the work. The list shall be submitted on the form provided in this document.

B. Prior to executing the Contract, the Engineer will notify the Bidder in writing if either the Owner or the Engineer has an objection to any person or entity

25CPA002 00 21 13-6 BID SET

listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions.

1.18 FUEL: Deliveries of fuel to Contractor’s equipment in the water, either by barge or across the bulkhead, within Port Canaveral shall be limited to suppliers licensed by Canaveral Port Authority. Rates charged by the Port Authority shall be consistent with other similar fuel deliveries within the Canaveral Port Authority’s jurisdiction.

1.19 SOIL INVESTIGATION: An investigation of subsurface soil conditions at the site may have been made. If so, the log of borings and the report, if any, is found herein or on drawings for Bidders information only and is not a warranty of subsurface conditions nor is it a part of the Contract Documents. Bidders are expected to examine the site and the subsurface investigation reports and then decide for themselves the character of the materials to be encountered. The Owner and the Engineer disclaim any responsibility for the accuracy, true location and extent of soil conditions in the reports. They further disclaim responsibility for interpretations made by the Bidders.

1.20 PERMITS: Permits apply to this project and must be strictly complied with during the contractor's performance of the work. As in all construction, a contractor must adhere to EPA guidelines mandated to the State of Florida for NPDES General Permit relative to Stormwater Management and file the required certifications.

1.21 E-VERIFY: All Bidders shall be advised that upon subsequent execution of the

Contract, the Canaveral Port Authority (CPA) shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing the use of the system, to confirm the employment eligibility of all persons, including subcontractors, assigned by the CPA to perform work pursuant to the Contract between CPA and the selected Bidder.

END OF SECTION

25CPA002 00 42 13-1 BID SET

PROPOSAL

This is a proposal by: _

(Bidder’s Name) to furnish all materials, equipment and labor and to perform all Work in accordance with the Contract Documents for:

(Project Title) for Canaveral Port Authority at Port Canaveral, Florida.

To: Mailing/Shipping Address:

Engineering Department c/o Canaveral Port Authority 445 Challenger Road, Suite 301 Cape Canaveral, Florida 32920

To whom it may concern:

The undersigned Bidder has carefully examined all Contract Documents and the site of the proposed Work and is familiar with the nature and extent of the Work and any and all local conditions that may in any manner adversely affect the Work to be done.

The undersigned agrees to provide all the Work and furnish all materials required by the Contract Documents, in the manner prescribed therein and to the standards of quality and performance established by the Contract Documents for the lump sum price or the unit prices stated in the spaces herein provided, for each of the items or combination of items stipulated. It is understood that quantities shown in the schedule are approximate only, subject to increase or decrease.

The bid contained herein includes all applicable sales tax and bond fees on all items in accordance with the General Conditions.

Accompanying this Proposal is a certified or cashier's check or a Bid Bond in the amount of $ (not less than 5% of the base bid) made payable to the Canaveral Port Authority which is to be forfeited as liquidated damages, if, in the event this Proposal is accepted, and the undersigned fails to execute the agreement and furnish and pay for satisfactory Public Construction Bond under the conditions and within the time specified in the Proposal; otherwise said certified or cashier's check or Bid Bond is to be returned to the undersigned. The physical address for the project is 9247 Charles M.

Rowland Drive, Cape Canaveral, Florida. The project is located in Section 9, Township 24S, Range 37E.

25CPA002 00 42 13-2 BID SET

The undersigned agrees that within five (5) days from the date of acceptance of this Proposal, to execute the agreement and furnish the Owner satisfactory Public Construction Bond, in the full amount of the Contract Price, guaranteeing the faithful performance of the Work and payment of bills.

Attached to this proposal form, the Bidder shall provide the following documents as stated in the INSTRUCTIONS TO BIDDERS:

1. (In a separate sealed envelope) The Bidder shall submit a certified financial statement, prepared within the past twelve months, itemizing present financial resources, liabilities, and capital equipment.

Prior to executing the Contract, the Contractor selected as the lowest qualified bidder shall provide the following:

1. Public Construction Bond as indicated above.

2. A list of all the Subcontractors and a copy of their licenses.

3. Certificates of Insurance as described herein for the Contractor and the

Subcontractors.

The Work shall be Substantially Complete on or before the date stated:

Work Substantially Complete

All Work June 30th, 2026

Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Contract and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph above plus extensions thereof allowed in accordance with Article 12 of the General Conditions. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if Work is not completed as stated. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty) Contractor shall pay Owner $10,000.00 for each calendar day that expires after the substantial completion date above until each portion of the work is substantially complete.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty

(60) calendar days after the scheduled closing time for receiving bids. If by July 18, 2025, the Notice-to-Proceed for the Work is not given due to delays caused by the Owner, then the above completion dates shall be extended an amount of time equal to the delay between July 18, 2025 and the Notice-to-Proceed. Bidder agrees that completion dates shall not be extended for delays in giving the Notice-to-Proceed caused by the Bidder.

Bidder agrees to schedule his work to not interfere with Port Operations. Bidder agrees that Port Operations will not be a basis for work delays, damages, or change orders.

25CPA002 00 42 13-3 BID SET

PROPOSAL BID FORM (Page 1 of 4)

Notes: All blank spaces shall be filled out correctly. This form is to be submitted in duplicate.

I. Contractor Information

Proposal of _

(Bidder’s Name)

(Bidder’s Address) existing under the laws of the State of , doing business as a

* to furnish all materials, equipment and labor and to perform all Work in accordance with the Contract Documents for:

Names and business addresses of individuals, partners, firm members, or corporate officers:

Individual/President Partner/Secretary Name: Name:

Address: Address:

Partner/Treasurer Partner Name: Name:

Address: Address:

Note: Anyone signing the proposal, as an Agent, shall include with the proposal legal evidence of his or her authority to do so.

II. This is to certify that the undersigned Contractor will comply with all safety laws;

including the Trench Safety Act of the State of Florida and that the cost of compliance is as follows:

Lineal feet of trench_________@_______$/FT = $________Total Shoring square feet_________@_______$/FT2 = $________Total

The above costs are not to be considered as a bid item; rather they are included in the lump sum bid price(s) of the Contract. (Please NOTE: the prices above are not to be stated as the TOTAL cost of trenching, but rather it is the cost of compliance with the Trench Safety Act of the State of Florida.)

* Individual, partnership, or corporation

25CPA002 00 42 13-4 BID SET

PROPOSAL BID FORM (Page 2 of 4)

III. Special Category of Material

THE BID INCLUDES ALL MATERIALS, EQUIPMENT, AND LABOR TO PERFORM

ALL WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS INCLUDING

SALES TAX AND BOND. Per Specification Section 01 11 23, certain materials may be paid for by the Port Authority and will be subtracted from the contract amount by deductive Change Orders.

IV. Lump Sum Price Bid

Base Bid Item 1 - Lump Sum For: All work shown on drawings entitled “CRUISE

TERMINAL 5 MARINE IMPROVEMENTS”:

____________ Dollars ($_____________________).

Allowances as defined and identified in Section 01 21 16:

Six Hundred and Sixty Thousand_______Dollars ($660,000.00).

Sum of Base Bid Item 1 and Allowance:

Dollars ($______________________).

The above total for Basis for Award includes the cost of complying with all safety laws as identified in paragraph II of this proposal.

The Contractor certifies that the construction bid herein is based on fender and bollard materials described in the drawings and/or specified in the specifications, without considering product substitutions or “or equal” items.

Authorized Agent name and signature:

Name: ___

Signature: ___

25CPA002 00 42 13-5 BID SET

PROPOSAL BID FORM (Page 3 of 4)

Basis for Award:

The Canaveral Port Authority reserves the right to award the project to the lowest responsible bidder based on the sum of the Base Bid Items and Allowance or on the sum of the Base Bid Items, Allowance, and any of Alternate Bid Items.

V. Addenda

Bidder acknowledges receipt of addenda No’s_________________.

VI. Proposed By and Attested To By

This day of ________________, 2025.

Contractor Address:

CORP

SEAL By:_______________________________

Title

Attested to by _

Secretary

25CPA002 00 42 13-6 BID SET

PROPOSAL BID FORM (Page 4 of 4)

VI. Required Attachments

1. Bid Bond

2. Proof of Agent’s Authority

3. Additional Principals not listed in Section I

4. 00 43 27 Proposal Breakdown Table

5. 00 62 40-1, Non-Conclusion Affidavit of Prime Bidder

6. 00 62 41-1&2, Sworn Statement

7. 00 62 42-1&2, Certification of Current Capacity

8. 00 62 43-1, Conflict of Interest Certificate

9. 00 62 44-1, Certification Regarding Debarment, Suspension & Other

Responsibility Matters

10. 00 62 46-1&2, Sub Contractor’s List

11. Copy of Bidder’s Contractor License

12. The Bidder shall submit a certified financial statement, prepared within the past twelve months, itemizing present financial resources, liabilities, and capital equipment. (In a separate sealed envelope).

25CPA002 00 43 27-1 BID SET

SECTION 00 43 27

PROPOSAL BREAKDOWN TABLE

Scope Area Description Quantity Unit Unit Cost Total Cost Base Bid Item 1:

Mobilization / Demobilization 1 LS All Cost to Obtain and Maintain Builder’s Risk 1 LS All Other Work 1 LS

General Site Coordination:

Utility Locates 1 LS Survey Work 1 LS Dive Inspections 1 LS

Demolition:

All Demolition Work 1 LS

New Construction:

Pier Deck Units SF Concrete Piles

LF

Cast-in-Place Concrete Pile Caps/Bents CY Cast-in-Place Concrete Topping CY Monopile Dolphins 5 EA Mooring Bollards 8 EA Fenders 3 EA Underwater Grout CY Catwalk Relocations & Modifications 1 LS Stainless Steel Ladders 2 LS Total Base Bid Item 1 Repairs and Lighting System Curbs 150 LF Deck 200 LF Fender Wear Strips 15 EA Solar-Powered Lighting System 1 LS

25CPA002 00 52 13-1 BID SET

EJCDC

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is dated as of the day of in the year 2025 and between Canaveral Port Authority (hereinafter called Owner) and

_____________________________ (hereinafter called Contractor).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: At Cruise Terminal 5, perform selective demolition of the existing open-pile concrete pier and adjacent mooring dolphins.

Construct new open pile concrete pier extensions to the north and south of the existing pier, including mooring fixtures and marine fenders. Construct new steel monopile mooring dolphins. Modify existing aluminum catwalks and install in the new designated positions. Modify the existing electrical raceway system and potable water lines.

Complete repairs to the existing pier deck joints and curbs, and install new concrete curbs and handrails.

Article 2. ENGINEER.

The Project has been designed by: Jacobs Engineering Group, Inc.

445 Challenger Road, Suite 130 Cape Canaveral, FL 32920 who is hereinafter called the Design Engineer. The Owner’s Project Manager is hereinafter called the Engineer and will act as the Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME. (See proposal)

Article 4. CONTRACT PRICE.

4.1. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds as follows: (See PROPOSAL)

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Article 5. PAYMENT PROCEDURES.

Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5.1. Progress Payments. Owner shall make progress payments on account of the Contract Price each month during construction as provided below, on the basis of Contractor’s Applications for Payment as recommended by Engineer, on or about forty five days from the first day of each month, or forty five days from the receipt of the Contractor’s Applications for Payment, whichever is later. All progress payments will be on the basis of the progress of the Work measured by the Schedule of Values established in paragraph 2.07A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions.

90% of Work completed. If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, progress payments will be made in an amount equal to 95% of the Work completed, prior to Substantial Completion; and

90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satis-factory to OWNER as provided in paragraph 14.02 of the General Conditions).

5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02.B.5 of the General Conditions.

5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07.

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Article 6. INTEREST. (Not applicable)

Article 7. CONTRACTOR'S REPRESENTATIONS.

In order to induce Owner to enter into this Agreement Contractor makes the following representations:

7.1. Contractor has familiarized itself with the nature and extent of the Contract Documents, special category of materials and sales tax provisions, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

7.2. Contractor has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth in paragraph 4.02A and 4.02B of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Contractor is entitled to reply.

7.3. Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions and Supplementary Conditions; and no additional examinations, investigations, explora-tions, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

7.4. Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions and Supplementary Conditions.

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7.5. Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

7.6. Contractor has given Engineer written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor.

Article 8. CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following:

8.1. This Agreement (pages 1 to 7, inclusive).

8.2. Insurance Certificate.

8.3. Notice of Award.

8.4. Standard General Conditions of the Construction Contract (pages 00 72 13-1 thru 00 72 13-45, inclusive).

8.5. Proposal: 00 42 13-1 thru 00 42 13-6.

8.6 Forms 00 43 27-1, 00 62 40-1, 00 62 41-1 & 2, 00 62 42-1 & 2, 00 62 43-1, 00 62 44-1, 00 62 45-1, 00 62 46-1 & 2.

8.7. Specifications and Appendix A and C bearing the title CRUISE TERMINAL 5 MARINE IMPROVEMENTS, PN-25-011D as listed in table of contents thereof.

8.8. Drawings, consisting of a cover sheet and sheets numbered as listed below, with each sheet bearing the general title CRUISE TERMINAL 5 MARINE IMPROVEMENTS, PN-25-011D: G-001 thru G-005, D-201, D-601, D-602, D-603, D- 701, D-702, S-001, S-201 thru S-204, S-401, S-601 thru S-605, S-701 thru S-706, S-801, S-802, S-901 thru S-904, R-001 thru R-014, R-101 thru R-108, R-201 thru R- 208, R-301 thru R-304, R-401 thru R-413, R-501 thru R-503.

8.9. Addenda numbers to , inclusive.

8.10. Contractor’s Bid (pages to , inclusive).

8.11. Documentation submitted by Contractor prior to Notice of Award (pages

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______ to __ , inclusive).

8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions.

8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.

Article 9. MISCELLANEOUS.

9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

Article 10. OTHER PROVISIONS.

10.1 EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this contract the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color sex or national origin.

Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor

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shall insert this provision in all subcontracts under this contract except subcontracts for standard commercial supplies or raw materials.

10.2 CERTIFICATION OF RESTRICTIONS ON LOBBYING: The contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the contractor, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.

If any funds other than Federal appropriated funds have been paid by the contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction. The contractor agrees to include the language of this paragraph in award documents for all subcontracts and requires all subcontractors to certify and disclose accordingly.

10.3 PROHIBITED INTERESTS: No member, officer, or employee of the Owner during his tenure or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate.

One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf.

This Agreement will be effective on , 2025.

Owner: Canaveral Port Authority Contractor: _____

By By

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Attest Attest

Address for giving notices Address for giving notices

445 Challenger Road, Suite 301

Cape Canaveral, FL 32920

License No.

Agent for service of process:

(If Contractor is a corporation, attach evidence of authority to sign.)

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PUBLIC CONSTRUCTION BOND

BY THIS BOND, We __, as Principal and _____ , a corporation, as Surety, are bound to Canaveral Port Authority, herein called Owner, in the sum of $ ___ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the contract dated _____ , 2025, between Principal and

Owner for construction of CRUISE TERMINAL 5 MARINE IMPROVEMENTS the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indi-rectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

5. The venue for any action on this bond will be Brevard County, Florida.

Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond.

DATED ON ___ ____, 2025.

CONTRACTOR AS PRINCIPAL SURETY

Company: Company:

(Corp. Seal) (Corp. Seal)

Signature: Signature:

Name and Title Name and Title

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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of _______________________

County of _____________________

_____________________________, being duly sworn, deposes and says that:

(1) He is _____________________________ of ________________________the

Bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid:

(3) Such bid is genuine and is not a collusive or sham bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Board of Commissioners of Port Canaveral, Florida, or any person interested in the contract; and

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of this agents, representatives, owners, employees, or parties of interest, including affiant.

(Signature) (Title)

Subscribed and sworn to before me this _______day of ____________________, 20__.

_________________________is personally known to me and/or produced identification

_______________________(type).

Notary Public

My Commission expires ______________Commission # _________________.

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SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY

OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to ____________________________ (print name of the public entity) by ________________________________________________________ (print individual’s name and title) for ________________________________________________________ (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ___________________ (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: _____________ ____.)

2. I understand that a “public entity crime” as defined” in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the united States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.

The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate.