ITB 26-11 City of Fernandina Beach Waterfront Resiliency Segment One.pdf

KH PROJECT NO. 142806004 July 1, 2026

CITY OF FERNANDINA BEACH

INVITATION TO BID

City of Fernandina Beach Waterfront Resiliency Segment 1

CITY ITB#: 26-11

Prepared By:

KIMLEY-HORN AND ASSOCIATES, INC.

12740 Gran Bay Pkwy Suite #2350

Jacksonville, FL 32258

SECTION DESCRIPTION

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS

DIVISION 0: PROCUREMENT AND CONTRACTING REQUIREMENTS

Table of Contents Notice to Bidders Invitation to Bid

Exhibit A Contact Sheet Exhibit A-1 Bid Pricing Form Exhibit B Public Entity Crimes Exhibit C Drug-Free Workplace Certification Exhibit D E-Verify Statement Exhibit E Proposer Acknowledgments and Agreements Exhibit F Conflict of Interest Exhibit G Non-Collusion Affidavit Exhibit H Dispute Disclosure Exhibit I Sample Construction Services Contract

DIVISION 1: GENERAL REQUIREMENTS

011000 Summary of Work 012200 Unit Prices 012500 Substitution Procedures 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013233 Photographic Documentation 013300 Submittal Procedures 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 015010 Protection of Existing Structures 016000 Product Requirements 017300 Execution 017419 Construction Waste Management and Disposal 017700 Closeout Procedures 017839 Project Record Documents

DIVISION 2: EXISTING CONDITIONS

024100 Demolition

DIVISION 3: CONCRETE

031000 Concrete Forming and Accessories 031500 Concrete Joints and Accessories

032100 Reinforcing Steel 033000 Cast-in-Place Concrete 033900 Concrete Curing

DIVISION 5: METALS

050523 Welding 051000 Structural Steel and Miscellaneous Metals

DIVISION 8: OPENINGS

083473 Flood Barriers

DIVISION 9: FINISHES

099713 Coating of Steel Waterfront Structures

DIVISION 31: EARTHWORK

310000 Earthwork 311000 Site Clearing 314116 SSP Bulkhead

DRAWING INDEX

GENERAL

G-001 COVER SHEET

G-002 GENERAL NOTES

CIVIL

C-100 OVERALL SITE PLAN

C-201 EXISTING CONDITIONS PLAN – SEGMENT 1

C-301 CLEARING AND DEMOLITION PLAN – SEGMENT 1

C-400 HORIZONTAL CONTROL PLAN

C-501 FOUNDATION PLAN – SEGMENT 1

C-601 SITE PLAN – SEGMENT 1

C-701 GRADING AND DRAINAGE PLAN

C-801 CIVIL SITE DETAILS

C-802 BEST MANAGEMENT PRACTICES DETAILS

C-803 STORMWATER POLLUTION PREVENTION PLAN

C-804 FERNANDINA STANDARD DETAILS

STRUCTURAL

S-001 STRUCTURAL GENERAL NOTES

S-002 PROPOSED SEGMENT 1

S-003 ENDWALL DETAILS

S-004 CONCRETE CAP DETAILS

S-005 HYDROPLANK DETAILS

S-006 HYDROPLANK DETAILS

S-007 SHEET PILE DATA TABLE

APPENDICES

Appendix 1 – Grant L0036 Grant Agreement and Requirements Appendix 2 – Geotechnical Engineering Exploration Report Appendix 3 – Topographic and Hydrographic Survey Appendix 4 – Utilities Survey Appendix 5 – Florida Department of Environmental Protection Permit

END OF SECTION

NOTICE OF INVITATION TO BID

ITB 26-11 WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

The City of Fernandina Beach, Florida is accepting competitive sealed bids for

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

The City of Fernandina Beach will receive sealed bids through the DemandStar.com E-bidding platform (www.demandstar.com) prior to 2:00PM, August 12, 2026, for timely receipt of submittal.

A Mandatory Pre-bid meeting will be held at 10:00AM, July 14, 2026, at the City of Fernandina Beach City Hall, Commission Chambers, 204 Ash Street, Fernandina Beach, FL 32034. The City recommends that each attendee arrive at least 15 minutes early to allow time for check-in.

Every attendee must sign the pre-bid meeting attendance log. Once the meeting commences, the sign-in sheet will be closed and the City will deny entry to the mandatory pre-bid meeting to anyone who arrives after the meeting start time. Each attendee is solely responsible for arriving on time, including allowing sufficient time for traffic, parking, and locating the meeting room. A Respondent that is not represented at the mandatory pre-bid meeting will be deemed non-responsive , and its submittal will not be considered. By submitting a response, each Respondent acknowledges and accepts the risk that late arrival to the mandatory pre-bid meeting will result in rejection of its submittal, and such rejection will not be grounds for a bid protest.

ITB documents can be found on the City of Fernandina Beach website, Bids/ Purchasing/Fernandina Beach, FL - Official Website and www.Demandstar.com.

Contractors/Vendors should submit responses through the DemandStar website at www.demandstar.com. The City asks that all contractors/vendors register with DemandStar for notification of open ITBs, RFPs and RFQs. To register, please go to www.demandstar.com/registration. On the registration form, enter the required information and be sure to select the City of Fernandina Beach as your Free Agency Registration.

DemandStar is an independent entity and is not an agent or representative of the City.

Communications to DemandStar do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or download of any documents from this website.

Contractors/Vendors who obtain ITBs, RFPs and RFQs from a source other than DemandStar are cautioned that the information may be incomplete.

The bid opening will be held via a Zoom Meeting. Details for the meeting are below.

Topic: City of Fernandina Beach E-Bid Openings Join Zoom Meeting https://us06web.zoom.us/j/88112532076?pwd=JjvRPVsRgVpyJH6B09hWc5K3mx6LDf.1

Meeting ID: 881 1253 2076 Passcode: 840329

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CITY OF FERNANDINA BEACH, FLORIDA

INVITATION TO BID 26-11

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

INTRODUCTION

The City of Fernandina Beach, Florida (City) is accepting competitive sealed bids from a qualified and experienced Contractor for WATERFRONT RESILIENCY SYSTEM SEGMENT ONE in Fernandina Beach, Florida.

The City of Fernandina Beach will receive sealed bids through the DemandStar.com E-bidding platform (www.demandstar.com) prior to 2:00PM, August 12, 2026, for timely receipt of submittal.

Bids will be opened by the City of Fernandina Beach promptly at 2:00PM, August 12, 2026.

A Mandatory Pre-bid meeting will be held at 10:00AM, July 14, 2026, at the City of Fernandina Beach City Hall, Commission Chambers, 204 Ash Street, Fernandina Beach, FL 32034. The City recommends that each attendee arrive at least 15 minutes early to allow time for check-in. Every attendee must sign the pre-bid meeting attendance log.

One the meeting commences, the sign-in sheet will be closed and the City will deny entry to the mandatory pre-bid meeting to anyone who arrives after the meeting start time.

Each attendee is solely responsible for arriving on time, including allowing sufficient time for traffic, parking, and locating the meeting room. A Respondent that is not represented at the mandatory pre-bid meeting will be deemed non-responsive, and its submittal will not be considered. By submitting a response, each Respondent acknowledges and accepts the risk that late arrival to the mandatory pre-bid meeting will result in rejection of its submittal, and such rejection will not be grounds for a bid protest.

It shall be the sole responsibility of the Bidder to have its Bid submitted to the DemandStar website (www.demandstar.com) and uploaded prior to the 2:00PM deadline. Facsimile, paper or telegraphic submittals will not be accepted. Delay in delivery shall be the sole responsibility of the Bidder. Submittals received after the deadline will not be considered. Award of the Bid is subject to authorization and appropriation of funds in the fiscal year budget.

BIDDERS ARE REFERRED TO THE ATTACHED GENERAL CONDITIONS FOR

OTHER IMPORTANT INFORMATION REGARDING THE BID PROCESS,

REQUIREMENTS AND EXHIBITS.

The bid shall be submitted on the specified Contact Sheet hereto attached as “Exhibit A” and Bid Pricing Form, hereto attached as “Exhibit A-1”. The person signing the Bid Response Form shall have the authority to bind the proposer to the Bid. All information on the Bid form shall be provided, or the Bid may not be accepted.

The competitive sealed Bid shall be accompanied by a “Public Entity Crimes”, herein provided as “Exhibit B”, “Drug-Free Workplace Certification” herein provides as “Exhibit C”, “E-Verify Statement” herein provided as “Exhibit D”, “Proposer Acknowledgements and Agreements”, herein provided as “Exhibit E”, “Conflict of Interest”, herein provided as, “Exhibit F”, “Non-Collusion Affidavit”, herein provided

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

as “Exhibit G”, “Dispute Disclosure”, herein provided as “Exhibit H”, and “Sample Construction Services Contract”, herein provided as “Exhibit I”.

CONTRACTOR SHALL SIGN AND INCLUDE EXHIBITS “A-H”. Failure to do so, may result in rejection of the bid submittal.

Sample construction contract for the City of Fernandina Beach is attached to this document.

In accordance with Item 16, General Terms and Conditions, please provide proof the Contractor/Vendor is not listed in the Excluded Parties List System, a federal suspension and debarment listing.

SCOPE OF WORK

The Work included construction of Segment 1 of the waterfront resiliency system, including installation of a steel sheet pile resiliency wall and associated utility, drainage, and roadway improvements. Work requires a coordination with existing utilities and drainage features.

The Work generally consists of, but is not limited to the following:

· Abandonment of existing watermain in place by grouting.

· Removal and replacement of two existing pipe culverts.

· Installation of approximately 613 linear feet (LF) of steel sheet pile resiliency wall.

· Installation of approximately 620 linear feet (LF) of new watermain.

· Minor regrading and earthwork within the existing ditch to accommodate proposed improvements.

· Removal and replacement of approximately 11,050 square feet (SF) of asphalt roadway.

· All other labor, material, equipment, and incidentals necessary to complete the

Work as shown in the Drawings.

For complete scope of work refer to Specifications and Construction Drawings.

SAFETY

The Contractor shall provide all necessary barriers and signage and take necessary precautions to protect buildings, general public and Contractor personnel. The Contractor shall at all times guard against damage or loss of City property or the general public and shall be held responsible for replacing or repairing any loss or damage to the satisfaction of The City of Fernandina Beach.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

GENERAL CONSTRUCTION GUIDELINES

1. The contractor shall be required to coordinate his work schedule with the City during the course of the project.

2. Survey Construction staking and testing materials will be the contractor’s responsibility for all aspects of the work including, but not limited to, compaction, proof-rolling, concrete mix, gradations, and concrete testing. The cost of such testing shall be included in the Contractors bid, and no additional compensation will be made.

3. The City does not commit to furnishing full-time inspection or testing of the work in progress or at material sources. Lack of inspection and/or testing by the City or Architect/Engineer (A/E) will in no way relieve the Contractor of their responsibility to provide quality workmanship in accordance with the Contract Documents.

4. The Contractor is required to submit shop drawings and material submittals to the A/E for review and approval prior to delivery and installation.

5. Bidder agrees to commence work within 30 days after the Notice to Proceed is issued and to complete all work within 120 calendar days from Notice to Proceed.

6. Contractor is solely responsible for all construction means, methods, techniques, sequences, procedures and coordinating all portions of Work under Contract.

7. Contractor is responsible for all acts and omissions of his Subcontractors.

8. Engineer will not establish limits of Work between Contractor and Subcontractors, nor will he act as an arbiter in establishing such limits.

CUTTING & PATCHING OF WORK

1. Contractor is responsible for all cutting, fitting, or patching that may be required to complete Work or to make its several parts fit together properly.

2. Contractor is responsible for cutting, fitting, or patching provided by Subcontractors.

DEMOLITION

1. Best Management Practices will be used for debris staging in an appropriate disposal container on land, prior to being trucked off site to be disposed of in an appropriate facility.

2. Best Management Practices will be used for Type III Curtains or equal DOT-compliant curtains will be installed and secured to shorelines parallel to flow. Curtains will be inspected for damage, sediment buildup, and secure anchoring daily, Erosion and Sediment control will be implemented; Basin/traps will be checked daily. All pollution prevention measures will be implemented.

EXCAVATING, DREDGING & BACKFILLING

1. Contractor is responsible for all excavating, trenching, backfilling or compaction that may be required to complete Work or to make its several parts fit together properly.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

2. Contractor is responsible for excavating, backfilling, trenching or compaction provided by Subcontractors.

PERMITTING REQUIREMENTS

The contractor shall hold a Florida EDP Pollutant Storage Contractor license.

GRANT REQUIREMENTS SUMMARY

This project is funded in part through a grant program and is subject to all applicable funding agency requirements, Contractor shall reference Appendix 1 for full list of grant requirements. Bidders are responsible for complying with all grant-related provisions, including eligibility of costs, documentation, reporting, and procurement requirements.

Contractor shall maintain complete and accurate records of all project costs, labor, materials, and subcontractor activities. All work and associated costs shall be fully documented and auditable in accordance with grant requirements. Non-compliant costs or insufficient documentation may be deemed ineligible for reimbursement.

Payment requests shall be submitted in accordance with the Contract Documents and shall meet all grant funding requirements. At a minimum, each pay application shall include:

· Schedule of Values consistent with awarded contract

· Itemized breakdown of work completed for the billing period

· Supporting documentation for all costs, including invoices, delivery tickets, and receipts

· Subcontractor payment documentation

· Certified payrolls and labor compliance documentation, when required

· Stored materials documentation, including proof of purchase, ownership, and storage conditions

· Partial and final lien waivers from Contractor and all subcontractors

· Updated construction schedule and progress report

· Photographic documentation of work in place

· Any required grant agency forms or certifications

All pay applications are subject to review and approval by the Owner and/or Engineer prior to submission for reimbursement. The Contractor shall promptly address any deficiencies identified during review. Incomplete or non-compliant pay applications will not be processed and may delay payment.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

CONTRACT TIME

The Owner has established a contract performance time of 120 calendar days from the date of Notice-to-Proceed. All work shall be substantially completed within the stated timeframe. This project is subject to liquidated damages to be specified in the contract.

QUALIFICATIONS

Bidders must submit with the Bid Submittal evidence of capabilities to complete the Waterfront Resiliency System Segment 1 project. This will include a reference list of similar projects (scope and size) successfully completed in the past, a reference list, and equipment list, a list of subcontractors, and other information requested by the City of Fernandina Beach. Failure to submit qualification information with the Bid Submittal may result in rejection of a Bid.

AWARD

Award recommendation shall be made to the most responsive and responsible bidder offering the best value. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all submittals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process.

Successful Bidder is required to have a Business License in the city where their home office is located. If Bidder's business office is located in the City of Fernandina Beach a business tax license is required.

Bid Package Bid Documents and Specifications are available to download from DemandStar at www.demandstar.com. Any questions regarding bid package can be directed to Wanda Weaks, Procurement Specialist, wweaks@fbfl.org.

CONTACT

Specification questions during the bid period shall be submitted in writing to Wanda Weaks, wweaks@fbfl.org.

Bidders are hereby put on notice that no contact shall be made with any of the City Commission members, other City staff, or others that may be involved in the selection process to discuss this request or to influence the outcome of the selected bid.

ADDENDA

A written response to bidder questions will be issued via Addendum and published to DemandStar at www.demandstar.com. It is the bidder’s responsibility to check the DemandStar.com website for Addenda prior to submitting their bid. The deadline for questions is ten days before bid opening.

If there is an Addendum it becomes part of the original Bid or RFP and shall be acknowledged by attaching a copy of the Addendum, signed by an authorized representative of the person or company submitting the bid or submittal. Failure to do so may disqualify the bid or submittal.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

ITB 26-11 SCHEDULE

Invitation to Bid Date/Time Advertisement of Bid July 1, 2026

Bid Package Available July 1, 2026 Mandatory Pre-Bid Meeting City of Fernandina Beach City Commission Chambers 204 Ash Street Fernandina Beach, FL 32034

July 14, 2026 at 10:00 AM

Deadline for submission of written questions

July 28, 2026

Final Addendum issued August 4, 2026

Deadline for submission of Bids August 12, 2026 at 2:00 PM

CONTRACTOR PERSONNEL

1. CITY reserves the right to reject any CONTRACTOR employee doing business for the awarded CONTRACTOR that has not received the proper safety training or is not performing work in a safe manner. Any costs resulting in a rejection of personnel will be solely at the CONTRACTOR's expense.

2. No sub-contractor shall be employed by CONTRACTOR for the provision of these services without the prior written approval of the CITY.

PROJECT SCHEDULE

CONTRACTOR shall begin no later than 30 calendar days from issuance of the Notice to Proceed; all work must be completed within 120 calendar days of the Notice to Proceed.

TIME OF PERFORMANCE

1. CONTRACTOR may, upon approval by City designee, be provided weekends and after-hours access to the site, if necessary or desired, to complete the project, weather permitting. However, no additional sums shall be paid other than that specified in the bid response.

2. CONTRACTOR may set up equipment onto the jobsite without commencing work for a maximum of seven calendar days. Location of equipment storage will be provided by the City designee.

3. CONTRACTOR will, prior to any delay submit notification of delay in writing within five calendar days to the City designee. This notice of delay excludes weather-related days claimed by the contractor.

4. CONTRACTOR shall submit documentation explaining the cause of the delay.

CITY shall determine the extent of delay and extend the time for completing the

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

work if, in CITY’s judgement, the findings justify an extension. Any delay shall not entitle CONTRACTOR to any additional compensation. The sole remedy of CONTRACTOR shall be an extension of time.

5. CONTRACTOR shall arrange with the City designee a sequence of procedure, means of access, space for storage of materials and equipment and use of approaches, corridors, and stairways. CITY shall not be responsible for lost or stolen materials or tools left on the job site.

SITE MAINTENANCE

1. Extreme care shall be taken to safeguard all existing facilities, paved walkways, site amenities, utilities, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of CONTRACTOR and shall be repaired and/or replaced in equal or better condition at no additional cost to the CITY. CONTRACTOR shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements, and dressings to damaged materials, to the approval of CITY, at no additional cost to the CITY. In the event of damage to public and/or private property, CONTRACTOR shall immediately contact the CITY’s designee and inform them about the location and extent of the damages and will stay on site until his investigation of the damage is concluded.

2. CONTRACTOR shall place all debris in refuse container and keep the premises free from rubbish at the end of each working day. The CONTRACTOR shall be responsible for supplying, emptying and the removal of waste containers/dumpsters, as necessary. Contractor is responsible for preventing migration of any/all debris from the job site at all times.

3.

CONTRACTOR shall arrange material storage so as not to interfere with the CITY’s operations.

4. CONTRACTOR shall at the completion of the job, remove unused material and rubbish from the site. If CONTRACTOR refuses at any time to remove the debris from the premises, or to keep the working area clean, such cleaning will be completed by the CITY and deducted from the balance due CONTRACTOR.

5. CONTRACTOR shall store all materials to be protected against weather, vandalism, and theft. Any materials found to be damaged or missing shall be replaced by CONTRACTOR at no cost to the CITY.

6. CONTRACTOR shall be responsible for clean up at the site at the conclusion of the project, including excess construction materials, and a thorough cleaning of all areas that were affected by CONTRACTOR or their subcontractors to the satisfaction of the CITY.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

SAFETY

The Contractor shall provide all necessary barriers and signage and take necessary precautions to protect buildings, general public and Contractor personnel. The Contractor shall at all times guard against damage or loss of City property or the general public and shall be held responsible for replacing or repairing any loss or damage to the satisfaction of The City of Fernandina Beach.

1. CONTRACTOR shall be aware that this project is subject to public and private vehicular and pedestrian traffic at all times.

2. CONTRACTOR shall comply with all Federal/County/City laws/ordinances and City codes during the execution of this project.

3. CONTRACTOR shall continuously maintain adequate protection of all work from damage and shall protect public and privately owned property, structures, vehicles, utilities, and work of any kind against damage or interruptions of service, which may result from the operations of the CONTRACTOR.

4. CONTRACTOR shall provide Safety Data Sheets: If any chemicals or materials or products containing toxic substances, as defined by Chapter 442, Florida Statutes, are to be used at any time during the contract period, CONTRACTOR shall furnish Safety Data Sheets to the City designee prior to commencing this project.

5. CONTRACTOR shall perform all work under supervision of a capable supervisor using skilled employees.

6. CONTRACTOR shall have a person, who is on their payroll and with the authority to make decisions, on site at all times.

REQUIRED INSPECTIONS

Prior to the start of any work, CONTRACTOR shall examine all surfaces and report in writing to the City designee any conditions detrimental to work. Failure to observe this injunction constitutes a waiver to any subsequent claims to the contrary.

CITY’S RIGHTS TO INSPECT, REJECT, AND STOP WORK

1. Right to Inspect Work - CITY will have the right to inspect the work at all times.

Such inspection will not relieve CONTRACTOR of any of its obligations to perform the work in strict accordance with the contract documents.

2. Right to Reject Work - CITY will have the right to reject work which does not conform to the contract documents. No additional contract time will be allotted to remedy work rejected that does not conform with the contract documents. CITY may require special inspection or testing of the work.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

3. Right to Stop Work - If CITY reasonably believes that CONTRACTOR is failing to carry out the work in accordance with the contract documents; CITY may order CONTRACTOR to stop the work, or a portion of the work, until such time as the cause of such stop order has been eliminated.

4. Right to Carry Out Work - If CONTRACTOR fails to perform the work properly or fails to perform any provision of the contract documents, including unauthorized project schedule delays, CITY, after three days written notice to the CONTRACTOR without correction, may correct the deficiencies through the CITY's own forces or through others and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR.

WARRANTY

1. CONTRACTOR shall provide warranty stating that the Waterfront Resiliency

System Segment One is complete in detail and finish, and free of hazardous conditions. The material warranty and workmanship must have a one-year warranty.

2. If CITY deems it unacceptable to have CONTRACTOR correct the work which has been incorrectly done, a deduction from the contract price shall be made as determined by CITY. Such a deduction from the contract price shall in no way affect the CONTRACTOR’s responsibility for defects, which may occur nor their ability for correcting them, and damage caused by them.

3. Supplies and/or services furnished as a result of this bid shall be covered by the most favorable commercial warranties, expressed or implied, that the bidder and/or manufacturer gives to any customer. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the CITY by any other clause of this bid. Any applicable written warranty from the product manufacturer and/or representative company shall commence from date of completion and acceptance by the CITY.

LIQUIDATED DAMAGES

Should the awarded CONTRACTOR fail to complete work and make the area available for use within the stipulated period CONTRACTOR may be assessed by the CITY the amount of One Thousand Five hundred dollars ($1,500.00) for each consecutive calendar day that expires after the time specified for substantial completion and the amount of Two Thousand dollars ($2,000.00) for each consecutive calendar day that expires after the time specified for final completion and ready for final payment until the work is complete. The per diem charge may be invoked at the discretion of the CITY and said sum to be taken as liquidated damages and deducted from the final payment or charged back to CONTRACTOR. This deduction is in addition to other remedies available to the CITY pursuant to Florida Statutes or the terms and conditions of this solicitation.

PERFORMANCE STANDARDS/QUALITY REQUIREMENTS

In addition to those requirements set forth in the Scope of Work, all services (and items incidental thereto) and work provided by CONTRACTOR shall conform to the following:

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

INSURANCE REQUIREMENTS

Insurance requirements are outlined in the General Conditions of this Invitation to Bid.

BOND REQUIREMENTS

Bid bonds requirements are outlined in the General Conditions of this Invitation to Bid.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION

To the extent allowable by law the City is an equal opportunity/affirmative action employer. To the extent allowable by law the City is committed to equal opportunity employment effort and expects firms that do business with the City to have an affirmative action program.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

GENERAL CONDITIONS OF INVITATION TO BID

1. PREPARATION OF BID - INVITATION TO BID will be prepared in accordance with the following:

a. The enclosed Contact Sheet/Bid Form attached hereto as “Exhibit A”, must be used when submitting your INVITATION TO BID.

b. All information required by the Contact Sheet/Bid Form must be furnished. The

Bidder must print or type his/her name and manually sign the Form and any continuation sheet on which an entry is made.

c. Unit prices must be shown and where there is an error in extension of price, the unit price will govern.

d. Alternate Bids will not be considered unless authorized by the Invitation to Bid.

e. Bidders will not include federal taxes nor State of Florida sales, excise, and use taxes in prices, as the City is exempt from payment of such taxes. An exemption certificate will be signed where applicable upon request.

f. Bidders must make all investigations necessary to thoroughly inform themselves about any and all conditions related to the performance of the contract. Plea of ignorance by the Bidder of conditions that exists or may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements provided for in the Purchasing Policy, Purchasing Ordinance and/or State and Federal Statutes. The City’s Purchasing Ordinance is set forth in Chapter 2-420, et seq.

g. Prices quoted must be FOB City of Fernandina Beach, Florida with all transportation charges prepaid unless otherwise specified in the Invitation to Bid.

h. Deliveries are to be FOB Destination unless otherwise specified in the Invitation to bid

i. Deliveries are to be made during regular business hours.

j. Bids and Bid prices must be valid for a minimum of ninety (90) days, unless otherwise stated on the INVITATION TO BID.

2. SUBMISSION OF BID

a. The City of Fernandina Beach has partnered with DemandStar using their E-bidding platform. All submittals will be received through the DemandStar E-bidding platform. To register and submit through DemandStar go to www.demandstar.com/registration.

3. REJECTION OF BID

a. The City reserves the right to accept or reject any or all Bids, to waive irregularities and technicalities, and to request resubmission or to re-advertise

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

for the services. The City will be the sole judge of the submittals. The City's decision will be final.

4. WITHDRAWAL OF BID

a. Bids may not be withdrawn after the time set for the opening for a period of time as specified.

b. Bids may be withdrawn prior to the time set for the opening. Such request must be in writing.

5. LATE BID

a. INVITATION TO BID and modifications received after the time set for the opening will not be considered.

b. Modifications in writing received prior to the time set for the opening will be accepted.

6. LOCAL, STATE, AND FEDERAL COMPLIANCE

a. Bidders must comply with all local, state, and federal directives, orders and laws as applicable to the INVITATION TO BID and subsequent contract(s) in accordance with the requirements as stated in CFR 200.321, including but not limited to Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and Occupational Safety and Health Administration (OSHA) as applicable to this contract and as allowable by law.

b. A “Public Entity Crimes Statement”, in accordance with Florida Statutes, Section 287.133 (3) (a), on Public Entity Crimes, attached hereto as “Exhibit B”, must be received at the time of the bid.

c. A “Drug Free Workplace Certification” attached hereto as “Exhibit C”, must be received at the time of the bid.

d. The City of Fernandina Beach requires that the Bidder selected will not discriminate under the contract against any person, in accordance with federal, state and local government regulations and, to the extent applicable, the Bidder shall comply with all executive orders executed by the President of the US and any federal or State of Florida legislation related to diversity, equity and inclusion.

e. An “E-Verify Statement” attached hereto as “Exhibit D” must be received at the time of the bid.

7. AWARD OF INVITATION TO BID

a. The INVITATION TO BID will be awarded to the most responsive and responsible bidder offering the best value to the City of Fernandina Beach.

b. The City reserves the right to accept and award item by item, and/or by group, or in the aggregate.

WATERFRONT RESILIENCY SYSTEM SEGMENT ONE

c. A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder will result in a binding contract without further action by either party.

d. Unless otherwise noted in the specifications, the length of the agreement will be one year, with 2 one-year renewals possible based on the mutual consent of the parties.

e. Upon award, for construction projects, the Contractor will be required to complete/execute the City’s Contract and General Conditions for Construction Services. An example of the contract can be found on the City’s website at www.fbfl.us/bids, Bids and Purchasing web page.

f. Agreement may be cancelled with 60 day notice unless otherwise stated in signed contract documents.

8. NOT RESPONSIBLE FOR COSTS

a. The City will not be responsible for any cost incurred by a prospective Bidder in responding to this INVITATION TO BID.

9. BONDS

· If Bid is less than $100,000 no Bid Bond or Payment and Performance Bond required.

· If Bid is greater than $100,000 and is for material only, a Bid Bond is required but no Payment and Performance Bond is required.

· If Bid is $100,000 - $200,000, and is for services, a Bid Bond is required but no

Payment and Performance Bond is required.

· If Bid is greater than $200,000, and is for services, Bid Bond and Payment and

Performance Bond is required.

BID BOND:

a. If the Base Bid or the Base Bid plus the sum of any alternates fall into the criteria above requiring a Bid Bond, the bidder must enclose a Certified Check or Bid Bond with each bid. A Certified Check or Bid Bond must be for an amount not less than five percent (5%) of the Bid price and must be made payable to the CITY OF FERNANDINA BEACH as a guarantee that the Bidder will not withdraw its bid for a period of ninety (90) calendar days after Bid closing time.

Bid Bonds or Certified Checks will be returned to unsuccessful bidders within

10 days of bid award. Successful bidders will receive their Certified Check or Bid Bond after the contract/agreement has been signed and a Performance and Payment Bond is received.

PERFORMANCE AND PAYMENT BONDS:

a. In the event the Contract is awarded to the Bidder, Bidder will thereafter enter into a written contract with the CITY OF FERNANDINA BEACH and furnish a

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Payment and Performance Bond in an amount equal to the contract price. The form of the bonds must be in accordance with Section 255.05 of Florida Statutes. Failing to do so, Bidder will forfeit its bid security.

b. Payment and Performance Bond must be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida.

c. The following exceptions to bidder providing Performance and Payment Bonds are as follows: In lieu of the Performance and Payment Bonds, a contractor may file with the City an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625, Florida Statutes. Any such alternative form of security must be for the same purpose and be subject to the same conditions as those applicable to the bonds. The value of an alternative form of security must be in the amount of the bid.

10. PUBLIC INFORMATION

a. The City is subject to Florida Public Records laws. Pursuant to Section

119.0701, Florida Statutes, Contractor/Consultant shall: (a) keep and maintain all public records as that term is defined in Chapter 119, Florida Statutes (“Public Records”), that ordinarily and necessarily would be required by the City in order to perform the work contemplated by this Agreement; (b) provide the public with access to Public Records, on the same terms and conditions that the City would provide the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (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; (d) meet all requirements for retaining Public Records and transfer, at no cost to the City, all public records in possession of Contractor/Consultant within thirty (30) days after termination of this Agreement, however terminated, and destroy any duplicate Public Records that are exempt or confidential and exempt from public records disclosure requirements and provide the City with a letter confirming that this has been done within thirty (30) days of the termination of this Agreement. All Public Records stored electronically must be provided to the City in a format that is compatible with the information technology of the City. If Contractor/Consultant does not comply with a public records request, the City may pursue any and all remedies available in law or equity, including but not limited to specific performance.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 904-310-3115,

CBEST@FBFL.ORG, 204 ASH STREET, FERNANDINA BEACH, FL.

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11. ADDITIONAL INFORMATION

a. The City reserves the right to require Bidders to provide references and information on previous similar experience prior to award of the contract.

12. QUESTIONS

a. Any questions about the INVITATION TO BID should be communicated per instructions in the INVITATION TO BID.

13. INDEMNIFICATION AND INSURANCE

INDEMNIFICATION

The CONTRACTOR agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR, its agents, officers, contractors, subcontractors, employees, or anyone else employed or utilized by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR’s liability hereunder must include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the CONTRACTOR against the City and the CONTRACTOR hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision will survive termination of this Agreement and will not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. Subject to the limitations set forth in this Section, the CONTRACTOR must assume control of the defense of any claim asserted by a third party against the City and, in connection with such defense, must appoint lead counsel, in each case at the CONTRACTOR’s expense. The City will have the right, at its option, to participate in the defense of any third-party claim, without relieving CONTRACTOR of any of its obligations hereunder. If the CONTRACTOR assumes control of the defense of any third-party claim in accordance with this paragraph, the CONTRACTOR must obtain the prior written consent of the City before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the CONTRACTOR must not assume or maintain control of the defense of any third party claim, but must pay the fees of counsel retained by the City and all expenses, including experts’ fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the City, be detrimental in any material respect to the City’s reputation; (ii) the third party claim seeks an injunction or equitable relief against the City; or (iii) the CONTRACTOR has failed or is failing to prosecute or defend vigorously the third party claim. Each party must cooperate, and cause its agents to cooperate, in the defense or prosecution of any third-party claim and must furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in

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connection therewith. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended.

CONTRACTOR expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statutes, as amended.

Nothing contained in the foregoing indemnification will be construed as a waiver of any immunity or limitation of liability the City may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes.

INSURANCE

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the CONTRACTOR/VENDOR must, at its sole expense, maintain the following insurance on its own behalf, and furnish to the CITY certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:

The term "Contractor" as used in the insurance rider, will mean and include Subcontractors of every tier.

A. Worker's Compensation and Occupational Disease Insurance in accordance with the applicable law or laws; Employer's Liability Insurance with limit of at least One Million ($1,000,000) dollars. This includes sole proprietorships and officers of corporations who will be performing work on the job.

B. Commercial General Liability with a combined Bodily Injury and Property Damage limit of not less than ONE Million ($1,000,000) dollars per occurrence and TWO Million ($2,000,000) Dollars in the aggregate. The aggregate must be applicable on a per project basis. Coverage must include the following perils:

1. Broad Form Blanket Contractual Liability for liability assumed under this Contract and all other Contracts relative to the project.

2. Completed Operations/Products Liability.

3. Broad Form Property Damage

4. Personal and Advertising Injury Liability

5. Independent Contractors

6. Endorsements must be furnished reflecting the inclusion of the interests of Owner, Construction Manager, General Contractor, Contractor, (your company) , their officers, directors, partners, representatives, agents and employees, and naming each as an Additional Insured on a primary and non-contributing basis.

7. Coverage is to be endorsed to reflect that insurance is to be primary and non-contributory with respect to any other collectable insurance, for the Owner, General Contractor, Contractor, (your company) and all other parties required to be named as additional insureds.

8. Coverage is to be provided on an "occurrence" basis with carriers licensed and admitted to do business in the State of [your state] or otherwise acceptable to the Contractor (your company).

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9. A copy of policy and/or endorsement(s) and any other documents required to verify such insurance are to be submitted with the appropriate certificate(s), or upon the request of Contractor (your company). Failure to provide these documents is not to be construed as a waiver of the requirements to provide such insurance.

C. Commercial Automobile Liability Insurance covering the use of all Owned, Non-Owned, and Hired Vehicles with combined Bodily Injury and Property Damage Limit of at least One Million ($1,000,000) Dollars.

D. Umbrella I Excess Liability Insurance with a limit of no less than One Million ($1,000,000) minimum per occurrence.

E. During the term of this agreement, (if applicable) the Contractor/Vendor will carry Professional Liability Insurance which will cover liability for any damage or non-performance on account of any error, omission, or other provable negligence caused by the Contractor/Vendor. The amount of insurance must not be less than One Million ($1, 000,000) per occurrence and aggregate.

F. Loss Deductible – If the insurance of any CONTRACTOR/VENDOR contains deductible(s), penalty(s) or self-insured retention(s), the CONTRACTOR/VENDOR whose insurance contains such provision(s) must be solely responsible for payment of such deductible(s), penalty(s) or self-insured retention(s).

G. Where an Off Project Site Property exposure exists, the Contractor at its sole expense must furnish to the Owner and Contractor (your company) Certificates of Insurance and other required documentation evidencing the following coverage which will provide for the interests of [Name of Owner] , [Name of General Contractor] and (your company) to be named as Loss Payees and will contain a provision requiring the insurance carriers to waive their rights of subrogation against all indemnities’ named in the contract. "All Risk" Property Insurance on all materials, equipment and supplies intended to become a permanent part of the construction stored on premises away from the project site and while in transit, until actually delivered to the project site. Coverage is to be provided on a replacement cost basis.

H. The above insurances must each contain the following wording verbatim:

"[Name of Owner], [Name of General Contractor] , and (your company) are interested in the maintenance of this insurance and it is agreed that this insurance will not be canceled , materially changed or not renewed without at least a thirty (30) day advance written notice to [Name and address of Owner], [Name and address of General Contractor] and [Name and address of your company] by certified mail-return receipt requested ." The City of Fernandina Beach shall be named as Additional Insured on each required policy. Inability to add the City as Additional Insured is a basis to reject the submittal or cancel the subsequent contract.

I. The amount of insurance contained in the aforementioned insurance coverages will not be construed to be a limitation of the liability on the part of the Subcontractor or any of its Subcontractors.

J. The Contractor must file certificates of insurance prior to the commencement of work with the Owner and the General Contractor which

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will be subject to the Owner, General Contractor and (your company) approval of adequacy of protection and the satisfactory character of the Insurer.

K. Any type of insurance or any increase of limits of liability not described above which the Subcontractor requires for its own protection or on account of statute must be its own responsibility and at its own expense.

L. The carrying of the insurance described will in no way be interpreted as relieving the Contractor or Subcontractor of any responsibility of liability under this Contract.

M. Any policies effected by the Contractor on its Owned and/or Rented Equipment and Materials must contain a provision requiring the insurance carriers to waive their rights of subrogation against the [Name of Owner], [Name of General Contractor], [Name of Contractor (your company)] and all other indemnities’ named in the Contract.

N. Should the Contractor engage a Subcontractor, the same conditions must apply under this contract to each Subcontractor, however, the retained Subcontractor must be required to maintain limits of liability of not less than One Million ($1,000,000.00) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate, with said limits applicable on a per project basis, or such greater limits as may be required by the retaining Subcontractor.

14. PAYMENT

Payment due hereunder must be made by the City to CONTRACTOR/VENDOR in accordance with the Florida Prompt Payment Act. Florida Statute 218 Section 74.

15. BID PROTESTS

Bid protest conditions and procedures are in accordance with City Ordinances – Part 2, Chapter 2, Article VII, Division 2, Section, 2-444.

16. FEDERAL GRANT MONEY

In the event this project is funded with federal grant monies, CONTRACTOR/VENDOR may not participate in the bid if CONTRACTOR/VENDOR is listed in the Excluded Parties List System (EPLS) a federal suspension and debarment listing. The Federal Government's Excluded Parties List System (EPL) is located at, including but not limited to, https://www.sam.gov. CONTRACTOR/VENDOR must include copy of search results with bid or proposal.

17. LOBBYING

a. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a Board Member, the City Manager, and/or any City Personnel during

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the solicitation process. The lobbying black-out period commences upon the issuance of this solicitation and concluded upon the signing of the agreement. CONTRACTORS must not contact any Commission Member and/or any requesting or evaluating Department/Office personnel during said black-out period. All questions and procedural matters must be directed to the City Manager. The City Commissioners and/or the City Manager may disqualify any solicitation response where any Commissioner, the City Manager, and/or City Personnel have been lobbied in violation of the black-out period.

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EXHIBITS

EXHIBIT “A” Contact Sheet

Exhibit “A-1” Bid Pricing Form

EXHIBIT “B” Public Entity…