ITB 26-09 Thomas Drive Stormwater Improvements_Published.pdf

ITB 26-09

Thomas Branch Stormwater Improvements

City of Niceville, Florida

MAYOR AND CITY COUNCIL

Daniel Henkel, Mayor

Bill Schaetzle

Douglas Tolbert

Doug Stauffer

Heath Rominger

Cathy Alley

CITY MANAGER

David Deitch

PUBLIC WORKS DIRECTOR

Jonathan Laird

ENGINEER OF RECORD

Bryant King, P.E., Halff Associates, Inc.

ITB 26-09 Thomas Branch Stormwater Improvements August 4, 2026

Table of Contents Page 00010-1

DIVISION 0 - CONTRACT AND BIDDING DOCUMENTS

00020 NOTICE TO BIDDERS

00100 INSTRUCTIONS TO BIDDERS

00410 BID FORM WITH ATTACHMENTS

00430 BID BOND

00510 NOTICE OF INTENT

00520 DRAFT AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

00610 PERFORMANCE BOND

00620 PAYMENT BOND

00700 GENERAL CONDITIONS

00800 SUPPLEMENTARY CONDITIONS

DIVISION 1 – GENERAL REQUIREMENTS

01010 SUMMARY OF WORK

01040 PROJECT COORDINATION

01500 TEMPORARY FACILITIES

01700 PROJECT CLOSE-OUT

01750 RECORD DOCUMENTS

DRAWINGS

Construction plans consisting of 5 sheets with each sheet bearing the following general title: Thomas

Branch Stormwater Improvements prepared by Halff Associates, Inc.

TECHNICAL SPECIFICATIONS

Appendix A- Geotechnical Report entitled Thomas Branch Stormwater Pond Evaluation as prepared by

Tierra, Inc dated October 31, 2025 consisting of 9 pages.

END OF DOCUMENT 00010- TABLE OF CONTENTS

DOCUMENT 00010-TABLE OF CONTENTS

Advertisement for Bids Page 00020-1

CITY OF NICEVILLE

NICEVILLE, FLORIDA

NOTICE TO BIDDERS

ITB 26-09 Thomas Branch Stormwater Improvements

Notice is hereby given that the City of Niceville, (CITY) FL will accept sealed electronic bids until 3:00 p.m. (CDT) September 10, 2026, for the construction of the Thomas Branch Stormwater Improvements project. The Project consists of drainage improvements to manage groundwater and improve drawdown in Niceville southwest of the intersection of Palm Avenue and John Sims Parkway. Improvements include a removal of unsuitable materials and replacement with well drained sand, construction of a French drain, erosion and sediment control and site restoration as shown in the Plans and Contract Documents.

Bidders desiring consideration shall submit their complete bid response online via the City of Niceville’s e-Procurement Portal Central Bidding through the link provided below.

https://www.centralauctionhouse.com/rfpc10814-city-of-niceville.html

All bids shall be submitted using Central Bidding only. No other means of submission of bids will be accepted. Bids will be accepted online by Central Bidding until 3:00 p.m. (CDT) September 10, 2026, at which time all bids that are submitted will be opened and reviewed.

The CITY reserves the right to award the bid to the lowest responsive respondent and to waive any irregularity or technicality in bids received. The CITY shall be the sole judge of the bid and the resulting Agreement that is in its best interest, and its decision shall be final.

Bids will be received for a single prime Contract. Bids shall be lump sum price as indicated in the Bid Form. All terms, specifications and conditions set forth in this ITB are incorporated into your response. A bid will not be accepted unless all conditions have been met.

Bidding documents are only available as electronic portable document format (PDF) and may be downloaded free of charge from the CITY website at http://cityofniceville.org/388/Procurement-Services or Central Bidding link above.

Bid security shall be furnished in accordance with the Instructions to Bidders.

Physical Bid securities (e.g., certified check or bank money order), if applicable, shall be delivered to Mr. James Walters, CPM, ACM, Purchasing Director, Procurement Services Department, 208 Partin Drive North, Niceville, FL 32578, prior to the bid submission deadline.

END OF DOCUMENT 00020 - ADVERTISEMENT FOR BIDS

DOCUMENT 00020-NOTICE TO BIDDERS

https://www.centralauctionhouse.com/rfpc10814-city-of-niceville.html http://cityofniceville.org/388/Procurement-Services

Instructions to Bidders Page 00100-1

ARTICLE 1- DEFINED TERMS

Terms used in these Instructions to BIDDERs will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.01 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered; the City of Niceville Procurement Services office, 208 Partin Drive N, Niceville, FL 32578.

1.02 BIDDER – The individual or entity who submits a Bid directly to OWNER.

1.03 Successful BIDDER – The lowest, responsible BIDDER submitting a responsive bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

1.04 OWNER – City of Niceville, a political subdivision of the State of Florida, by and through its City Council.

1.05 Central Bidding – An entity providing service to the OWNER by making available an internet presence and platform for the dissemination of OWNER’s solicitations and procurement documents including the receipt of responses to an Invitation of Bid, Invitation to Quote, Invitation to Negotiate, and Request for Proposal. Bidders will be required to register with Central Bidding (www.centralauctionhouse.com) prior to use.

ARTICLE 2- COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in electronic format are available online from Central Bidding https://www.centralauctionhouse.com/rfpc10814-city-of-niceville.html and the City of Niceville website http://cityofniceville.org/388/Procurement-Services

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use.

ARTICLE 3- CONE OF SILENCE CLAUSE

3.01 The City of Niceville City Council has established a solicitation silence policy (Cone of Silence Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (Invitation to Bid, Request for Proposals, Invitation to Quote, Invitation to Negotiate, and Request for Qualifications) issued by the Council through the City’s Procurement Services office. The period commences from the time of advertisement until CONTRACT award. Each BIDDER shall review and sign the enclosed form indicating that the BIDDER agrees to abide by the City’s “Cone of Silence Clause” and understands that a violation of this policy shall result in disqualification of their bid.

ARTICLE 4- QUALIFICATIONS OF BIDDERS

4.01 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to the public entity, may not be awarded or perform work as 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, Florida Statutes, for CATEGORY TWO for the period of 36 months from the date of being placed on the convicted vendor list.

4.02 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of

DOCUMENT 00100-INSTRUCTIONS TO BIDDERS

https://www.centralauctionhouse.com/rfpc10814-city-of-niceville.html http://cityofniceville.org/388/Procurement-Services

Instructions to Bidders Page 00100-2 real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

4.03 Florida Statutes 607.1501 requires that all vendors who wish to do business in the State of Florida are licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with City of Niceville a vendor must provide a Certificate of Good Standing with their bid/proposal package to the City. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is https://dos.myflorida.com/sunbiz/manage-business/certification/.

4.04 To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within five days of OWNER’s request written evidence such as financial data, previous experience, present commitments and other such data as may be called for below. The successful low BIDDER will be required to acquire a county business license before the contract is awarded.

ARTICLE 5- PRE-BID CONFERENCE

5.01 A non-mandatory pre-bid conference is scheduled for Wednesday, August 17, 2026, at 10:00 a.m. Central Time and will be conducted virtually. The meeting link will be posted on the City of Niceville website and Central Bidding portal. Attendance is not required to submit a bid.

5.02 OWNER will post online for all prospective BIDDERS such Addenda as ENGINEER and/or OWNER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6- SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK

6.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

6.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplemental Conditions Identify:

a. those reports known to Owner of explorations and test of subsurface conditions at or adjacent to the site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities)

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretations or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

4. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent or contiguous to the Site are set https://dos.myflorida.com/sunbiz/manage-business/certification/

Instructions to Bidders Page 00100-3 forth in the Contract Documents and are based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

B. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

6.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, test, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

6.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General

Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

B. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 5.03, 5.04 and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

6.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

Instructions to Bidders Page 00100-4

ARTICLE 7- BIDDER’S REPRESENTATIONS

7.01 It is the responsibility of each BIDDER before submitting a Bid to:

A. examine and carefully study the Bidding Documents, including any Addenda and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer via the Procurement Office written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

J. review with his insurance agent/carrier the insurance requirements for this work and has obtained a quotation for additional policies or policy modifications or policy endorsements required to meet the requirements for this work. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment bonds and insurance; and

K. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 7, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 8- INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bidding Documents are to be submitted to Procurement Director, Mr. James Walters, CPM, ACM, Purchasing Director, at jwalters@nicevillefl.gov via Central Bidding portal for this solicitation. The deadline for questions will be 3:00 PM local time on September 3, 2026. Questions submitted after the deadline may or may not be answered. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by Addenda and uploaded to the Central Bidding portal and the City of Niceville website for this solicitation. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

mailto:jwalters@nicevillefl.gov

Instructions to Bidders Page 00100-5

8.01 Addenda may be issued to clarify, correct or change the Bidding Documents and will be posted online at the CITY website, and the Central Bidding site.

8.02 Bidders shall acknowledge receipt of all Addenda by completing the acknowledgement form included with the Bid Form.

ARTICLE 9- BID SECURITY

9.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of BIDDER’s maximum Bid price and in the form of a cashier’s check or a Bid Bond on the form attached issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

9.02 For Bids submitted electronically, a copy of the Bid security shall be uploaded with their bid. The original Bid security shall be delivered to the Issuing Office (c/o James Walters, City of Niceville Procurement Services, 208 Partin Drive N, Niceville, FL 32578) prior to the date set forth to receive bids. Failure to deliver the Bid security shall cause the Bid to be declared non-responsive.

9.03 The Bid security of the apparent Successful BIDDER will be retained until OWNER awards the contract to such BIDDER, and such BIDDER has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful BIDDER fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, OWNER may consider BIDDER to be in default, annul the Notice of Award and the Bid security of that BIDDER will be forfeited.

9.04 The Bid security of other BIDDERs whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of ten (10) days after the effective date of the Agreement or sixty-one (61) days after the bid opening whereupon Bid security furnished by such BIDDERS will be released.

9.05 Bid security of other BIDDERs that OWNER believes do not have a reasonable chance of receiving the award will be released within ten days after the Bid opening.

ARTICLE 10- CONTRACT TIMES

10.01 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 11- LIQUIDATED DAMAGES

11.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

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

Original Contract Amount Daily Charge Per Calendar Day $299,999 and under........................................................... $904 $300,000 but less than $2,000,000................................. $1,685

$2,000,000 but less than $5,000,000.............................. $2,667

$5,000,000 but less than $10,000,000............................ $3,813

$10,000,000 but less than $20,000,000.......................... $5,021

ARTICLE 12- SUBSTITUTE AND “OR-EQUAL” ITEMS

12.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

12.02 All prices that BIDDER sets forth in its Bid shall be based on the presumption that the BIDDER will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals or “or-equal” or substitution requests are made at Bidder’s sole risk.

Instructions to Bidders Page 00100-6

ARTICLE 13- SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.01 If OWNER requests the identity of certain Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of the Effective Date of the Agreement as provided for in Paragraph 7.06 of the General Conditions, the apparent Successful BIDDER, and any other BIDDER so requested, shall within seven (7) days after receipt of a written request from the OWNER or the ENGINEER, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful BIDDER to submit a substitute, in which case apparent Successful BIDDER shall submit an acceptable substitute, BIDDER’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award.

13.02 If apparent Successful BIDDER declines to make any such substitution, OWNER may award the Contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers, individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any BIDDER. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to subsequent revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General Conditions.

13.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual or entity against who CONTRACTOR has reasonable objection.

ARTICLE 14- PREPARATION OF BID

14.01 The Bid Form is included with the Bidding Documents

14.02 All blanks on the Bid Form shall be completed in ink or type written and the Bid Form signed in ink. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. Bids having erasures or corrections must be initiated in ink by the BIDDER. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it and initial the correction. Any illegible entries, pencil bids or corrections not initialed may not be accepted.

14.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer who has legal authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

14.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.

14.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

14.06 A Bid by an individual shall show the BIDDER’s name and official address.

14.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.

The official address of the joint venture must be shown below the signature.

14.08 All names shall be typed or printed in ink below the signatures.

14.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on Attachment “A” with Section 00410 “Bid Form with Attachments”.

14.10 The address and telephone number for communications regarding the Bid shall be shown.

Instructions to Bidders Page 00100-7

14.11 If the BIDDER is an out-of-state corporation, the Bid shall contain evidence of BIDDER’s authority and qualification to do business as an out-of-state corporation in the State of Florida. BIDDER’s state contractor license number for the State of Florida shall also be shown on the Bid Form. Contractor shall be licensed in accordance with the requirements of Chapter 489 of the Florida Statutes.

ARTICLE 15- BASIS OF BID

15.01 Lump Sum

A. BIDDERs shall submit a Lump Sum Bid based on the estimated quantities listed in the Schedule of

Values.

B. The schedule of values will be relied upon for any proposed changed orders.

C. In the event of any conflict between the Schedule of Values and lump sum bid the lump sum amount will control.

ARTICLE 16- SUBMITTAL OF BID

16.01 A bid with all required forms shall be submitted electronically via Central Bidding portal no later than the date and time prescribed on the Advertisement or Notice to Bidders. Copies of required bid bond/certified check shall also be submitted electronically using the portal. The original bonds/certified check shall be delivered to the Issuing Office (Attn: Mr. James Walters) prior to the date the bids are due.

The responses submitted should be one (1) completed document, unless otherwise specified.

ARTICLE 17- MODIFICATION AND WITHDRAWAL OF BID

17.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

17.02 Once bids are open, the bid submittal may not be withdrawn for sixty (60) days, unless within 24 hours after Bids are opened the BIDDER files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid, and the Bid security will be returned.

Thereafter, if the Work is rebid, that BIDDER will be disqualified from (1) further bidding on the Work, and

(2) doing any work on the Contract, either as a subcontractor or any other capacity.

ARTICLE 18- OPENING OF BIDS

18.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the BIDDER’s responsibility to assure that his bid is delivered at the proper time and place. Offers by email, telegram, facsimile, or other electronic means or telephone are not acceptable.

18.02 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of Bids will be made available to BIDDERs after the opening of Bids.

ARTICLE 19- BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.01 All Bids will remain subject to acceptance for the period of sixty (60) days after the day of the bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 20- EVALUATION OF BIDS & AWARD OF CONTRACT

20.01 Right to Waive and Reject:

A. The City, in its absolute discretion, may reject any Bid or a BIDDER that has failed, in the opinion of the City, to complete or perform a City of Niceville contracted project in a timely fashion or has failed in any other way, in the opinion of the Council, to perform a prior contract in a satisfactory manner, and has directed the City of Niceville Purchasing Director to emphasize this condition to potential proposers.

B. There is no obligation on the part of the City to award the Bid to the lowest BIDDER, and the City reserves the right to award the Bid to the BIDDER submitting the lowest most responsible and responsive Bid with a resulting negotiated Agreement which is most advantageous and in the best

Instructions to Bidders Page 00100-8 interest of City of Niceville and to reject any and all Bids or to waive any irregularity or technicality in Bids received. City of Niceville shall be the sole judge of the Bid and the resulting negotiated Agreement that is in the best interest and its decision shall be final.

C. The City Council reserves the right to waive any informalities or reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Bid and to accept the Bid that in its judgement will best serve the interest of the City.

D. The City Council specifically reserves the right to reject any conditional Bids and will normally reject those which made it impossible to determine the true amount of the Bid. Each item must be Bid separately, and no attempt is to be made to tie any item or items to any other item or items.

20.02 Disqualification of BIDDERs:

Any of the following reasons may be considered as sufficient for the disqualification of a BIDDER and the rejection of his Bid or Bids:

A. More than one Bid for the same work from an individual, firm or corporation under the same or different name.

B. Evidence that the BIDDER has a financial interest in the firm of another BIDDER for the same work.

C. Evidence of collusion among BIDDERs. Participants in such collusion will receive no recognition as

BIDDERs for any future work of the City until such participant shall have reinstated as a qualified

BIDDER.

D. Uncompleted work which in the judgement of the City might hinder or prevent the prompt completion of additional work if awarded.

E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement for Bids.

F. Default under previous contract.

G. The City Council, in its absolute discretion, may reject any Bid or a BIDDER that has failed, in the opinion of the Board, to complete or perform and City of Niceville contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the City of Niceville Purchasing Director to emphasize this condition to potential proposers.

H. Listing of the BIDDER by any Local, State or Federal Government on its barred/suspended vendor list.

I. Bids will not be considered from BIDDERs who are currently involved in official financial reorganization or bankruptcy proceedings.

J. Financial Stability: In the case of Federal and/or Florida State funded procurements, prior to awarding this contract, the top respondents will be required to submit to a soft credit pull for purposes of the City’s Risk Assessment consideration; objections by any respondent will disqualify them from consideration. Bad credit indicating you are a high risk may impact your application. Responses will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings.

ARTICLE 21- SIGNING OF AGREEMENT

21.01 When OWNER issues a Notice of Award to the Successful BIDDER, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful BIDDER shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER.

Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful BIDDER with a complete set of the Drawings with appropriate identification.

ARTICLE 22- CONFLICT OF INTEREST

22.01 The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All BIDDERs must disclose with their bid proposal the name of any officer, director or agent who is also a public officer or

Instructions to Bidders Page 00100-9 an employee of the City of Niceville City Council, or any of its agencies. Further, all BIDDERs must disclose with their bid proposal the name of any City officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches.

22.02 The Contractor, prior to or at the time of submission of the bid proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the case of another OWNER, if he is an officer or employee of the City, disclosing his or spouse’s or child’s interest and the nature of the intended business.

ARTICLE 23- RECYCLED CONTENT INFORMATION

23.01 In support of the Florida Waste Management Law, BIDDERs are encouraged to supply with their bid any information available regarding recycled material content in the projects bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.) and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose.

ARTICLE 24- IDENTICAL TIE PROPOSALS

24.01 In cases of identical procurement responses, the award shall be determined either by lot or on the basis of factors deemed to serve the best interest of the City. In the case of the latter, there must be adequate documentation to support such a decision.

ARTICLE 25- DRUG-FREE WORKPLACE PROGRAM

25.01 Bids will only be received from BIDDERS who can certify to having in place a drug-free workplace program.

To have a Drug-Free Workplace program, a business shall, at a minimum, meet the requirements of Florida Statutes, Section 287.087.

ARTICLE 26- INDEMNIFICATION AND HOLD HARMLESS

26.01 Each BIDDER must submit with his bid an executed sworn certification that he will comply with the Hold

Harmless in accordance with the provisions of Florida Statutes, Section 725.06.

26.02 BIDDER shall indemnify hold harmless the OWNER and the design Engineer, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the BIDDER and other persons employed or utilized by the BIDDER in the performance of these services.

ARTICLE 27- PROTECTION OF RESIDENT WORKERS

27.01 The City of Niceville City Council actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. the employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

27.02 City of Niceville reserves the right to request documentation showing compliance with the requirement.

27.03 BIDDERs doing construction business with City of Niceville are required to use the Federal Government

Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all new and existing employees hired by the CONTRACTOR during the term of the Contract and shall expressly require subcontractors performing work or providing services pursuant to the Contract to likewise utilize the E-Verify system during the Contract term.

27.04 UNAUTHORIZED ALIENS/PATRIOT’S ACT – The knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. In the event that the respondent is notified or becomes aware of such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent’s failure to take such steps as are necessary to

Instructions to Bidders Page 00100-10 terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws.

ARTICLE 28- NON-COLLUSION STATEMENT

28.01 BIDDER certifies, using the form provided in the Bid Form, that it has entered into no Agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other BIDDERs. See Florida Statutes 838.22.

ARTICLE 29- REVIEW OF PROCUREMENT DOCUMENTS

29.01 Per Florida Statutes 119.071(1)(b)2. sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) (Inspection and copying of public records) and s.

24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

ARTICLE 30- COMPLIANCE WITH FLORIDA STATUTES 119.071

30.01 The BIDDER shall comply with all the provisions of section 119.071, Florida Statutes relating to the public records which requires, among other things, that the BIDDER: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the BIDDER upon termination of the contract.

ARTICLE 31- HIERARCHY OF CONTRACT DOCUMENTS

31.01 In the event of conflicts, inconsistencies, discrepancies or ambiguities between the Contract Document arise, unless otherwise provided, the controlling instrument shall be determined by the descending order of the Contract Documents as follows:

1. Modifications issued after the execution of the Agreement

2. Agreement between Owner & Contractor for Construction Contract

3. Addenda issued after the Bid Specifications were advertised to potential Bidders

4. Supplementary Conditions

5. EJCDC General Conditions, 2013 Edition

6. Technical Specifications

7. Construction Drawings

8. Computed dimensions govern over scaled dimensions

ARTICLE 32- APPLICABLE LAWS & REGULATIONS

32.01 All applicable Federal and State laws, County and municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over the project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

ARTICLE 33- ANTI-HUMAN TRAFFICKING AFFIDAVIT

33.01 In accordance with the requirements of s. 787.06(14), Florida Statutes, the BIDDER shall attest, under penalty of perjury, that BIDDER does not use coercion for labor or services as defined in s. 787.06, Florida Statutes. The BIDDER shall make this attestation using the affidavit included in Section 00410, Bid Form with Attachments.

ARTICLE 34- SYSTEM FOR AWARD MANAGEMENT (SAM)

34.01 The BIDDER shall ensure registration with the Federal Government’s System for Award Management

(SAM) database prior to award, during performance and through final payment of the CONTRACT. All mandatory information must be entered to include the Core, Assertions, Representations and Certifications, and Points of Contact sections.

Instructions to Bidders Page 00100-11

34.02 Information on registration for and use of the SAM database can be obtained via the internet at the U.S.

General Services Administration site: https://www.sam.gov/. Processing time for new registration normally takes 48 hours, BIDDER should apply for registration immediately upon receipt of this ITB.

34.03 If the BIDDER does not register in the SAM database in a timely manner, the OWNER may proceed to award to the next otherwise successful registered BIDDER.

34.04 The BIDDER is required to provide their SAM information as part of Article 10 - Bid Submittal in Section 00410 “Bid Form with Attachments” and is made a part of the Bid Package.

34.05 See this Section, Exhibit A, “System for Award Management (Oct 2016)” for additional information.

ARTICLE 35- UNITED STATES PRODUCED IRON AND STEEL (S.255-0993)

35.01 Any iron or steel product permanently incorporated into the project must be produced in the United

States.

ARTICLE 36- OTHER STATEMENTS, FORMS AND DOCUMENTATION

36.01 The following forms and certifications are found in Section 00410, Bid Form with Attachments, and shall be submitted with the BID:

A. Addendum Acknowledgement (See Section 00410, Attachment A) B. Cone of Silence (See Section 00410, Attachment B) C. Conflict of Interest Disclosure (See Section 00410, Attachment C) D. Recycled Content (See Section 00410, Attachment D) E. Indemnification and Hold Harmless (See Section 00410, Attachment E) F. Drug Free Workplace Program Certification (See Section 00410, Attachment F) G. Federal E-Verify Compliance Certification (See Section 00410, Attachment G) H. Anti-Collusion Statement (See Section 00410, Attachment H) I. Certification Regarding Lobbying (See Section 00410, Attachment I) J. Vendors on Scrutinized Companies Lists (See Section 00410, Attachment K) K. Certification Regarding Debarment and Suspension (See Section 00410, Attachment L) L. Anti-Human Trafficking Affidavit (See Section 00410, Attachment M)

M. Certificate of Good Standing for The State of Florida -Provided by Respondent (00410, Attachment N) N. Sworn Statement – Public Entity Crimes (Section 00410, Attachment O)

O. Buy America Act (Section 00410, Attachment P)

(Remainder of Page Intentionally Left Blank) https://www.sam.gov/

Instructions to Bidders Page 00100-12

Exhibit A

System for Award Management (Oct 2016)

(a) Definitions. As used in this provision.

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart

32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

https://www.acquisition.gov/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/far/html/Subpart%2032_11.html#wp1043964 https://www.acquisition.gov/far/html/Subpart%204_14.html#wp1075239 https://www.acquisition.gov/far/html/www.sam.gov http://www.sam.gov/

Instructions to Bidders Page 00100-13

(5) Company telephone number.

(6) Date the company was…