ITB_43-26_6th_Avenue_Sidewalk.pdf

PROJECT MANUAL

ITB PW 43-26

6th Avenue Sidewalk Shalimar, Florida

FINANCIAL PROJECT ID: 453879-1-58-01

(FEDERAL FUNDING)

OKALOOSA COUNTY COMMISISONERS

Paul Mixon, District 1

Carolyn Ketchel, District 2

Sherri Cox, District 3

Robert A. "Trey" Goodwin III, Chairman, District 4

Drew Palmer, Vice-Chairman, District 5

COUNTY ADMINISTRATOR

John Hofstad

PUBLIC WORKS DIRECTOR

Scott Bitterman, P.E.

COUNTY ENGINEER

Roy Petrey, P.E.

ENGINEER OF RECORD

Julian Poole, P.E.

6th Avenue Sidewalk July 06, 2026

Table of Contents Page 00010-2

DOCUMENT 00010 – TABLE OF CONTENTS

DIVISION 0 – CONTRACT AND BIDDING DOCUMENTS

00020 ADVERTISEMENT FOR BIDS

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

ATTACHMENT A – REQUIRED CONTRACT PROVISIONS; FEDERAL AID

CONSTRUCTION CONTRACTS (FHWA-1273)

ATTACHMENT B – WAGE RATE DECISION FL20260261 (DATED 01/02/2026)

ATTACHMENT C – SPECIFICATIONS PACKAGE

DIVISION 1 – GENERAL REQUIREMENTS

01010 SUMMARY OF WORK

01040 PROJECT COORDINATION

01700 PROJECT CLOSE-OUT

01750 RECORD DOCUMENTS

Advertisement for Bids Page 00020-1

DOCUMENT 00020 – ADVERTISEMENT FOR BIDS

OKALOOSA BOARD OF COUNTY COMMISSIONERS

CRESTVIEW, FLORIDA

NOTICE TO RESPONDENTS

ITB PW 43-26 6th Avenue Sidewalk

Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept bids until 3:00 PM (CST) August 05, 2026 for the construction of 6th Avenue Sidewalk ITB PW 43-26. The Project consists of installation of a 6' wide ADA compliant sidewalk along 6th Avenue from SR 85 Eglin Parkway to 11th Street. The work is further defined as shown on the Plans and as described by the Contract Documents.

Interested respondents desiring consideration shall submit their response online at OpenGov through the link provided below:

https://procurement.opengov.com/portal/myokaloosa

Unless otherwise stipulated in the bid/proposal description, all responses must be submitted using OpenGov only. No other means of submission of responses will be accepted. Responses will be accepted by OpenGov until 3:00 p.m. (CST) August 05, 2026, at which time all bids that are timely submitted will be opened and reviewed.

The County reserves the right to award the bid to the lowest responsive respondent contingent upon FDOT approval and to waive any irregularity or technicality in bids received. Okaloosa County 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 only be received from Contractors prequalified for work class Sidewalk (40), Drainage (7), and Grassing – Seeding and Sodding (12) by the Florida Department of Transportation. Bids shall be on a unit price basis 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 OpenGov link above.

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

OKALOOSA COUNTY

BOARD OF COUNTY COMMISSIONERS

Robert A. "Trey" Goodwin III DeRita Mason Chairman, Board of County Commissioners Purchasing Manager

END OF DOCUMENT 00020 - ADVERTISEMENT FOR BID

https://procurement.opengov.com/portal/myokaloosa

Instructions for Bidders Page 00100-1

DOCUMENT 00100 – INSTRUCTIONS TO BIDDERS

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 Okaloosa County Purchasing Department, 5479A Old Bethel Road, Crestview, FL 32536.

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 contingent on FDOT approval.

1.04 OWNER – Okaloosa County, a political subdivision of the State of Florida, by and through its Board of County Commissioners.

1.05 OpenGov – 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 OpenGov (www.opengov.com) prior to use. There is no charge or fee to BIDDERs for the use of OpenGov.

COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in electronic format are available over the internet from OpenGov (See Page 00020-1)

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.

CONE OF SILENCE CLAUSE

3.01 The Okaloosa County Board of County Commissioners 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 Board through the County Purchasing Department. 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 County’s “Cone of Silence Clause” and understands that a violation of this policy shall result in disqualification of their bid.

Instructions for Bidders Page 00100-2

QUALIFICATIONS OF BIDDERS

4.00 This solicitation requires that the CONTRACTOR be Florida Department of Transportation (FDOT) prequalified per Florida Statutes 337.14(1) and Rule Chapter 14-22, F.A.C. A qualified contractor must have a current certificate of qualification in accordance with Rule Chapter 14-22, F.A.C. as of the date of bid opening and must be prequalified in the following Work Classes: Sidewalk (40), Drainage (7), and Grassing – Seeding and Sodding (12).

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 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 be 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 Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. 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.

SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK

5.01 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplemental Conditions Identify:

https://dos.myflorida.com/sunbiz/manage-business/certification/

Instructions for Bidders Page 00100-3

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.

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 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.

5.03 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

Instructions for Bidders Page 00100-4 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.

5.04 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.

5.05 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.

BIDDER’S REPRESENTATIONS

6.01 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

Instructions for Bidders Page 00100-5 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 Purchasing 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.

INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Purchasing via OpenGov portal for this solicitation. The deadline for questions will be 2:00 PM local time on July 24, 2026. Questions submitted after the deadline may or may not be answered.

Interpretations or clarifications considered necessary by Purchasing in response to such questions will be issued by Addenda and uploaded to the OpenGov portal for this solicitation. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct or change the Bidding Documents.

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

BID SECURITY

8.01 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

Instructions for Bidders Page 00100-6 attached issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 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 DeRita Mason, Okaloosa County Purchasing Department, 5479A Old Bethel Road, Crestview, FL 32536) within five business days from the days from the date set forth to receive bids. Failure to deliver the Bid Security within the five-business day window may cause the Bid to be declared non-responsive.

8.03 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.

8.04 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.

8.05 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.

CONTRACT TIMES

9.01 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.

LIQUIDATED DAMAGES

10.01 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 $20,000,000 but less than $40,000,000 ............................. $7,442 $40,000,000 and over……$10,224 plus 0.00005 of any amount over $40 million (Round to the nearest whole dollar)

The Engineer may approve adjustments to the liquidated damages amounts in accordance with the Construction Project Administration Manual (CPAM) provided all contract work is complete.

SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 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

Instructions for Bidders Page 00100-7 may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor 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.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) AND BID OPPORTUNITY

12.01 Okaloosa County has adopted policies that assure and encourage full participation of DBE’s in the provision of goods and services. In addition, federal and state participation in projects requires certain participation goals to which the County expects its consultants to adhere.

12.02 For this FDOT assisted contract, Okaloosa County has adopted the FDOT DBE Program Goal. The FDOT began its race neutral DBE program on January 1, 2000 and has an overall 10.54% goal it must achieve. While the utilization is not mandatory to be awarded the contract, continuing utilization of DBE firms on contracts supports the success of Florida’s Race-Neutral DBE Program, and supports contractor’s Equal Employment Opportunity and DBE Affirmative Action Programs.

12.03 In accordance with the State’s program, the respondent must within 3 business days of submission of a bid or proposal complete the Bidders Opportunity List through the Equal Opportunity Compliance system. Refer to DBE Bid Package Information (FDOT Form 275-030-11) included as Attachment “I” with Section 00410 “Bid Form with Attachments” and made a part of this bid package.

12.04 In conjunction with the above FDOT DBE Program Goal, the contractor must take all necessary affirmative steps to assure that small, minority, and women-owned businesses are utilized, when possible, in accordance with 2 CFR 200.321.

A. If subcontracts are to be let, prime contractor will require compliance of this provision by all subcontractors.

B. Prior to contract award, the contractor shall document efforts to assure that such businesses are solicited when there are potential sources; that the contractor made an effort to divide total requirement, when economically feasible, into smaller tasks or quantities to permit maximum participation by such businesses; and, that the contractor has established delivery schedules, where permitted, to encourage such businesses to respond.

C. Contractor and sub-contractor shall utilize service and assistance from such organizations as SBA, Minority Business Development Agency of the Department of Commerce, the Florida Department of Management Services (Office of Supplier Diversity), the Florida Department of Transportation, Minority Business Development Center, and Local Government M/DBE programs, available in many large counties and cities.

D. Documentation, including what firms were solicited as suppliers and/or subcontractors, as applicable, shall be included with the bid proposal.

SUBCONTRACTORS, SUPPLIERS, AND OTHERS

13.01 The CONTRACTOR shall perform a minimum of 40% of work by his own forces unless specifically authorized by the OWNER and no Subcontractor shall be allowed to perform work on the project unless they are acceptable to the OWNER. The CONTRACTOR shall be prequalified for Work Classes Sidewalk (40) by the Florida Department of Transportation. Work shall be performed by contractors/subcontractors prequalified in the work class the work being performed.

Instructions for Bidders Page 00100-8

Prequalification Work Classes required by this project are: Sidewalk (40), Drainage (7), and Grassing – Seeding and Sodding (12).

13.02 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.

13.03 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.

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

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 initialed 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.

Instructions for Bidders Page 00100-9

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.

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.

BASIS OF BID

15.01 Unit Price

A. BIDDERs shall submit a Bid on a unit price basis for each item of Work listed in the Bid

Schedule.

B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

SUBMITTAL OF BID

16.01 A bid with all required forms shall be submitted electronically via OpenGov portal no later than the date and time prescribed on the Advertisement or Notice to Respondents. 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: Mrs. DeRita Mason) no later than four (4) business days from the date the bids are due. The responses submitted should be one (1) completed document, unless otherwise specified in the document.

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.

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.

Instructions for Bidders Page 00100-10

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.

EVALUATION OF BIDS & AWARD OF CONTRACT

20.01 The County will award to the lowest responsive, responsible bidder contingent on FDOT approval.

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 County until such participant shall have reinstated as a qualified BIDDER.

D. Uncompleted work which in the judgement of the County 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 Board of County Commissioners, 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 Okaloosa County 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 Okaloosa County 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. Bidder is not an FDOT prequalified contractor in the following Work Class: Sidewalk (40), Drainage (7), and Grassing – Seeding and Sodding (12).

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.

Instructions for Bidders Page 00100-11

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 an employee of the Okaloosa County Board of County Commissioners, or any of its agencies. Further, all BIDDERs must disclose with their bid proposal the name of any County 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 County, disclosing his or spouse’s or child’s interest and the nature of the intended business.

22.03 The contractor shall honor and insert into all subcontracts entered in connection with this Project the following provision, “No member, officer or employee of Okaloosa County or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.”

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 County 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 County 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.

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 County. In the case of the latter, there must be adequate documentation to support such a decision.

DRUG-FREE WORKPLACE PROGRAM

25.01 Bids will only be received from BIDDERS who can certify to having a drug-free workplace program in effect by the date of the Notice to Proceed. To have a Drug-Free Workplace program, a business shall, at a minimum, meet the requirements of Florida Statutes, Section 287.087 and comply with the Federal Drug-Free workplace act of 1988.

INDEMNIFICATION AND HOLD HARMLESS

26.01 BIDDER To the extent provided by law, CONTRACTOR shall indemnify, defend, and hold harmless the COUNTY, the (Design) Engineer, and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONTRACTOR, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONTRACTOR.

26.02 The foregoing indemnification shall not constitute a waiver of the Department’s or COUNTY’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the

Instructions for Bidders Page 00100-12 same be construed to constitute agreement by CONTRACTOR to indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.

NON-COLLUSION STATEMENT

27.01 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.

REVIEW OF PROCUREMENT DOCUMENTS

28.01 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.

COMPLAINCE WITH FLORIDA STATUTES 287.05701

29.01 Pursuant to section 287.05701, Florida Statutes, the County will not request any documentation of or consider a proposer’s social, political or ideological interests when determining if the proposer is a responsible proposer. The County will not give a preference to a proposer based upon the proposer’s social, political, or ideological interests.

COMPLAINCE WITH FLORIDA STATUTES 119.071

30.00 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.

DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)

31.01 The respondent shall certify that neither the firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency using FDOT Form 375-030-32, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions for Federal Aid Contracts to make this certification.

Instructions for Bidders Page 00100-13

ANTI-HUMAN TRAFFICKING AFFIDAVIT

32.01 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 as Attachment “O” of this solicitation.

CERTIFICATION OF CURRENT CAPACITY

33.01 The BIDDER shall certify it has financial capacity to complete the project using FDOT Form # 525- 010-46 included as Attachment “M” of this solicitation.

LOBBYING CERTIFICATION

34.01 The BIDDER shall certify the disclosure of lobbying activities using FDOT Forms # 375-030-33 and #375-030-34 included as Attachment “K” and Attachment “L” of this solicitation.

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.

HIERARCHY OF CONTRACT DOCUMENTS

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

APPLICABLE LAWS & REGULATIONS

37.01 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.

SYSTEM FOR AWARD MANAGEMENT (SAM)

38.01 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

Instructions for Bidders Page 00100-14 the CONTRACT. All mandatory information must be entered to include the Core, Assertions, Representations and Certifications, and Points of Contact sections.

38.02 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.

38.03 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.

38.04 The BIDDER is required to provide their SAM information as part of Article 9 - Bid Submittal in Section 00410 “Bid Form with Attachments” and is made a part of the Bid Package.

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

OTHER STATEMENTS, FORMS AND DOCUMENTATION

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

1. Drug Free Workplace Program Certification 31 CFR Part 20 (00410, Attachment A)

2. Conflict of Interest Disclosure (00410, Attachment B)

3. Federal E-Verify Compliance Certification (00410, Attachment C)

4. Cone of Silence Clause (00410, Attachment D)

5. Indemnification and Hold Harmless (00410, Attachment E)

6. Addendum Acknowledgement (00410, Attachment F)

7. Recycled Content (00410, Attachment G)

8. List of References (00410, Attachment H)

9. FDOT, form 275-030-11 DBE Bid Package Information (00410, Attachment I)

10. FDOT, form 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion (00410, Attachment J)

11. FDOT, form 375-030-33 Certification for Disclosure of Lobbying Activities on Federal-

Aid Contracts (00410, Attachment K)

12. FDOT, form 375-030-34 Disclosure of Lobbying Activities (00410, Attachment L)

COMPLETE IF APPLICABLE

13. FDOT, form 525-010-46 LAP Certification of Current Capacity (00410, Attachment M)

14. FDOT, form 575-060-13 Non-Collusion Declaration and Compliance With 49 CFR § 29

(00410, Attachment N)

15. Anti-Human Trafficking Affidavit (00410, Attachment O)

16. Certificate of Good Standing for The State of Florida -Provided by Respondent (00410, Attachment P)

17. Sworn Statement-Public Entity Crimes (00410, Attachment Q)

18. Federal Provisions Related to Grant Funds (00410, Attachment R) https://www.sam.gov/

Instructions for Bidders Page 00100-15

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…