ITB Final-2026 Bayou Marcus Electrical Upgrades Project Manual_Final.pdf

Invitation to Bid Number: ITB 2026-17 ITB ECUA Bayou Marcus Electrical Upgrades

CIP Project Number: RS425

Maintenance & Construction Emerald Coast Utilities Authority

September 2026

TABLE OF CONTENTS

Introduction

Advertisement

Instructions to Bidders Contractor’s Bid

Measurement and Payment List of Subcontractors and Suppliers

Required Certifications and Disclosures

Bid Bond Acknowledgement

Risk Management Policy and Standard for Agreements, Contracts, and Leases

Insurance Certificate(s) of Contractor

Standard Form of Agreement Contractor’s Final Affidavit

Warranty

ECUA Engineering Manual Incorporated by Reference

EJCDC C-700, Standard General Conditions of Construction Contract (2018) Supplementary General Conditions Special Conditions

2026-17

INTRODUCTION

This information is subject to change and intended for ease of reference only. Always refer to the solicitation for information related to this project.

Summary of Project

Project Name ITB Bayou Marcus Electrical Upgrades

Project Number RS425

ITB Number 2026-17

General Description of Project

Furnish all labor, materials, equipment, and incidentals required to access the site to perform the demolition activities, constructing the new electrical building, and required upgrades including installation of new owner furnished switch gear and VFD’s to the existing facilities in accordance with the contract plans.

Contractor will also need to coordinate with the other Contractor working on site to build a new tank and bypass piping.

Project Location Bayou Marcus

Days to Substantial Completion 330

Total Construction Time 360

Liquidated Damages $300 /day late for Substantial Completion, $500 /day late for Final Completion

Anticipated Timeline

Event Date

Bid Advertisement September 3, 2026

Pre-Bid Conference(s) September 15, 2026 10:00 am

Pre-Bid Site Visit(s) September 15, 2026 10:00 am

Question Submission Deadline September 30, 2026

Bid Submission Deadline / Bid Opening October 8, 2026 2:00 pm

Notice of Intent to Award TBA

Board Meeting October 27, 2026

Notice to Proceed TBA

Relevant Contact Information

ECUA Purchasing Tony Howard

(850) 969-6530 bids@ecua.fl.gov

ECUA Maint & Construction Department

Gerry Piscopo gerardo.piscopo@ecua.fl.gov

ECUA Public Records Custodian

Amanda Miller

(850) 969-3302 publicrecordsrequest@ecua.fl.gov mailto:publicrecordsrequest@ecua.fl.gov

ADVERTISEMENT

Emerald Coast Utilities Authority (ECUA) requests sealed bid proposals for:

Bid Number: ITB 2026-17

Project Name: ITB Bayou Marcus Electrical Upgrades

Project Number: RS425

Project Description: Furnish all labor, materials, equipment, and incidentals required to access the site to perform the demolition activities, constructing the new electrical building, and required upgrades including installation of new owner furnished switch gear and VFD’s to the existing facilities in accordance with the contract plans. Contractor will also need to coordinate with the other Contractor working on site to build a new tank and bypass piping.

Specifications and instructions for this project may be obtained from ECUA by sending an email to bids@ecua.fl.gov or visiting www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority.

Sealed bids will be received by ECUA until 2:00 p.m. (CT) on October 8, 2026. Bids received after such time will not be opened. Submission of bids may be made electronically, by U.S. Mail, or by hand delivery as provided in the solicitation. . Virtual attendance is also permitted by using the following link: https://teams.live.com/meet/9371565448609?p=yTOzDTX4voYfIwCwHV

A mandatory pre-bid conference will be held at 10:00 am(CT) on September 15, 2026, at Bayou

Marcus 3050 Fayal Dr, Pensacola, FL 32526 mailto:bids@ecua.fl.gov http://www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority

INSTRUCTIONS TO BIDDERS

General

1. Schedule. The following deadlines apply to this solicitation:

A mandatory pre-bid conference and site visit will be held at Bayou Marcus 3050 Fayal Dr, Pensacola, FL 32526 at 10:00 am(CT) on September 15, 2026.

a. Bids are presently scheduled to be publicly opened and read at 2:00 p.m. (CT) on

October 8, 2026, in the Finance Conference Room (Rm #2202), 9255 Sturdevant

Street, Ellyson Industrial Park. Virtual attendance at the bid opening is also available via the following link: ITB 2026-17 Bid Opening

b. Within two (2) business days following the bid opening, a bid tabulation showing the list of bidders along with the proposed prices and methods of submittable, if applicable, will be posted to BidNet Direct at www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority.

c. Upon completing review of all bids, ECUA staff will publish a notice of intent to award the bid via BidNet Direct. ECUA staff may, at the sole discretion of the ECUA Executive

Director and in accordance with the governing documents of ECUA, forward their recommendation of award to the ECUA Citizens’ Advisory Committee presently scheduled to meet at 3:00 p.m. (CT) on October 20, 2026, in the ECUA Board Room, 9255 Sturdevant Street, Ellyson Industrial Park. The recommendation of ECUA Staff and/or Citizens’ Advisory Committee is presently scheduled to be presented to the ECUA

Board at their meeting scheduled for 3:00 p.m. (CT) on October27, 2026, in the ECUA

Board Room, 9255 Sturdevant Street, Ellyson Industrial Park.

2. Submission. All bids must be in the possession of ECUA as follows to be considered:

a. All bids must be made on the required bid form included herewith. All blank spaces for bid prices must be filled in, in ink or typewritten, and the form must be fully completed and executed when submitted.

b. In order to allow ECUA to fully evaluate the bid, the bidder must include product literature, data, and/or information as indicated in the specifications. Any deviation from the specifications or exceptions to the requirements contained herein must be clearly identified, in writing, separately from the product literature provided. Failure to comply with this provision shall be grounds for rejection of any bid.

c. Bids may be submitted electronically, by U.S. Mail, or by hand delivery. If submitting electronically, the bid must be submitted via http://www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority. If submitting by U.S.

Mail or hand delivery, the bid must be delivered in a sealed envelope (or other sealed packaging) clearly marked with the project name and bid number and must contain one

(1) original hard copy of the submission and one (1) electronic copy (stored on electronic media such as a USB flash drive). U.S. Mail and hand delivery bids must be delivered to the Finance Conference Room (Rm #2202), 9255 Sturdevant Street, Ellyson

Industrial Park, Pensacola, Florida 32514. If there are any discrepancies between the submitted versions of the bid, the hard copy shall govern.

https://teams.live.com/meet/9371565448609?p=yTOzDTX4voYfIwCwHV

d. Regardless of the method of delivery, each bidder shall be responsible for delivery of the bid prior to the start of the bid opening, and ECUA assumes no responsibility for same.

e. Bids offered or received after the start of the bid opening will be rejected.

f. Bidders must satisfy themselves as to the accuracy of the estimated quantities in the bid schedule by examination of the site and reviewing the drawings and specifications including any addenda. After bids have been submitted the bidder shall not assert that there has been any misunderstanding concerning the quantities of work or of the nature of the work to be done.

3. Award. ECUA reserves the right to waive informalities in any bid; reject any or all bids, in whole or in part; re-post a project, in whole or in part; and to accept a bid that, in ECUA’s judgment, is the lowest responsive and responsible bid. In accepting a bid, ECUA may award a contract based on the base bid, the base bid plus any or all alternates, or the base bid less any or all deductions, which ECUA selects in its sole discretion. All decisions made by ECUA shall be based upon what ECUA believes to be the best interests of its ratepayers, in its sole discretion. ECUA further reserves the right to increase or decrease quantities, as may be required to meet the needs of ECUA, at the unit price which was bid, and to award the contract to, or purchase items from, a single or multiple bidder(s). ECUA may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to ECUA all such information and data for this purpose that ECUA may request. ECUA reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy ECUA that such bidder is properly qualified to carry out its obligations and to complete the work contemplated herein.

4. Documents. The official documents relating to this solicitation can be obtained via BidNet

Direct at www.bidnetdirect.com/florida/emeraldcoastutilitiesauthority, which contains all information deemed pertinent to this project in ECUA’s possession. The BidNet Direct service will also provide notification of updates and/or addenda when tracking this project is selected. Each potential bidder shall be responsible for selecting tracking in BidNet Direct, and ECUA assumes no responsibility for same. Absent a specific request in writing via email to the Purchasing and Stores Division at Bids@ecua.fl.gov, potential bidders will only be advised of updates and/or addenda when tracking is initiated by the potential bidder in

BidNet Direct. ECUA advises potential bidders, suppliers, and sub-contractors to rely only on information personally obtained from BidNet Direct and not from third parties.

5. Manufacturer’s Name and Approved Equivalents. Unless otherwise specified, any manufacturers’ names, trade names, brand names, information, or catalog numbers listed in a specification are descriptive, not restrictive. With ECUA’s prior approval, the bidder may provide any product that meets or exceeds the applicable specifications. The bidder shall demonstrate comparability in the form of catalog materials, literature, specifications, test data, etc., as applicable. ECUA shall determine, in its sole discretion, whether a product is acceptable as an equivalent. Any such request by a bidder must be submitted to ECUA by the question submission deadline.

6. Questions. All questions must be submitted to ECUA, in writing via email, up to seven (7) business days prior to the bid opening. Questions received outside this time frame will not be answered. Interpretations or clarifications in response to such questions will be issued mailto:Bids@ecua.fl.gov by addenda via BidNet Direct, and only questions answered by addenda will be binding.

Other interpretations or clarifications, whether issued orally or in writing, will be without legal effect. Questions must be submitted in writing via email to the Purchasing and Stores

Division at Bids@ecua.fl.gov or during the pre-bid conference.

7. Withdrawal. Any bid may be withdrawn prior to the start of the bid opening. No bids may be withdrawn within 90 days after the actual date of the opening thereof.

8. Modification. A bidder may not modify its bid after the start of the bid opening. Errors in the extension of unit prices stated in a bid or in multiplication, division, addition, or subtraction in a bid may be corrected by ECUA prior to award. In such cases, unit prices shall not be changed. Additionally, in the event of a conflict between a written number and a numerically listed number, the written number shall control, and ECUA may correct the numeric number, so it conforms to the written number prior to award

9. Addenda. No information obtained from any source shall affect the risks or obligations assumed by the bidder or relieve the bidder from fulfilling any of the conditions of the contract, unless properly documented by an issued addendum.

10. Limitation on Contact During Solicitation Period. There shall be a Cone of Silence in place during the period of time beginning when the bids/proposals for solicitations (Invitation to Bid or the Request for Proposal), or Requests for Letters of Interest, Qualifications, or

Invitation to Negotiate, as applicable, are advertised and ending once the ECUA Board awards the contract, and any resulting Bid Protest is resolved or the Solicitation is otherwise cancelled. All communications concerning any aspect of any Solicitation, during the Cone of Silence period, shall be sent in writing and only to the sole point of contact identified in the Specifications included in the Solicitation. Conduct inconsistent with this section may be grounds for disqualifying the offending proposer from consideration or from submitting any future proposal.

11. Bonds.

a. Each bid must be accompanied by a bid bond payable to ECUA for five percent (5%) of the total amount of the bid. Electronic bid bonds shall be accepted if submitted through

BidNet Direct.

b. Upon execution of an agreement for this contract, a public construction bond in the amount of one hundred percent (100%) of the maximum contract price with a corporate surety will be required for the faithful payment and performance of the contract. Pursuant to Section 255.05 of the Florida Statutes, before commencing the work, the contractor shall record the bond and provide ECUA with a certified copy of the recorded bond.

c. An attorney-in-fact who signs a bond required herein must submit with each bond a certified copy of their power of attorney, which provides that it is current or effective as of the date of execution of the bond.

d. Pursuant to Section 255.05 of the Florida Statutes, a contractor may provide an alternative form of security in the form of cash; a money order; a certified check; a cashier's check; or a domestic corporate bond, note, or debenture as authorized in

Section 625.317 of the Florida Statutes.

12. Subcontractors and Suppliers. A bidder shall include in its bids the names and addresses of the subcontractors and suppliers it has solicitated or whose prices were used to calculate the bid. Unless specifically approved in writing by ECUA, the low bidder will be required to mailto:Bids@ecua.fl.gov perform at least fifty percent (50%) of the cost of the services (excluding material costs) required by the contract by using its own employees. A bidder to whom the contract is awarded shall supply the names and addresses of subcontractors and suppliers used for the project when requested by ECUA.

13. Insurance. The bidder shall be required to certify it currently has, or has the ability to obtain, the insurance required for the solicitation. Certificate(s) of insurance, as specified herein, shall be submitted at the time of execution of the contract.

14. Safety. The bidder shall conform to all ECUA safety policies and procedures applicable to this solicitation.

15. Taxes. A bidder shall not include taxes in its bid. ECUA is exempt from federal, state, and local taxes, and the tax-exempt number 85-8012640152C-4 applies.

16. Contract Formation.

a. No contract shall be formed between ECUA and a Bidder until ECUA and the bidder have fully executed the Standard Form of Agreement. ECUA shall not be liable for any costs incurred by a bidder in preparing or producing its response or for any work performed before the contract is effective.

b. This ITB shall be incorporated into the final contract between ECUA and the Bidder.

c. The Bidder to whom the contract is awarded shall execute the contract and obtain the bond and insurance certifications within fifteen (15) business days following delivery of the Notice of Award to the Bidder. If the Bidder fails to properly execute the agreement or obtain the required bond or insurance within the allotted time, ECUA may consider the Bidder in default, in which case the bid bond or check accompanying the Bid shall become payable to ECUA, the contract may be awarded to the next highest responsive bidder, and the Bidder may not be considered as a responsive bidder for future contracts for a period of at least one (1) year.

d. ECUA, within twenty (20) business days of receiving acceptable public construction bond, insurance certificate(s), and the executed Standard Form of Agreement, shall sign the agreement and return to the Bidder an executed duplicate of the agreement. Should

ECUA not execute the agreement within such period, the Bidder may withdraw the signed agreement by providing written notice to ECUA of its election to withdraw.

e. A notice to proceed, executed by an authorized ECUA representative, shall be issued by ECUA and delivered to the Bidder when the Bidder may begin work on the project.

Notwithstanding, before commencing any work, the Bidder shall record the public construction bond in the public records of Escambia County, Florida, and provide ECUA with a certified copy of the recorded bond.

17. Terms and Conditions. ECUA objects to and shall not consider any additional terms, modifications, or conditions submitted by a bidder, including but not limited to any additional terms, modifications, or conditions appearing in documents attached as part of a response.

In submitting its response, the bidder agrees that any additional terms, modifications, or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

Failure to comply with terms and conditions of the contract, including those specifying information that must be submitted with a response, shall be grounds for rejection of the response.

18. Conflict in solicitation. In the event of a conflict between any documents related to this

Solicitation, the conflict shall be resolved in the following order of priority (highest to lowest):

a. Addenda to this ITB, if any (in reverse order of issuance)

b. Plans and Specifications

c. Standard Form of Agreement

d. Special Conditions

e. Supplementary General Conditions

f. EJCDC C-700, Standard General Conditions of Construction Contract (2018)

g. ECUA Engineering Manual

h. This ITB document.

19. Public Records. Article 1, Section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Bidder is required to comply with public records laws codified in Chapter 119, Florida Statutes, and is specifically required to:

a. Keep and maintain public records required by the public agency to perform the service.

b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

IF THE BIDDER 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 (850) 969-3302, publicrecordsrequest@ecua.fl.gov, AND/OR 9255 Sturdevant Street, Pensacola, Florida 32514.

20. Conflict of Interest. ECUA is subject to Part III, Chapter 112 of the Florida Statutes.

Accordingly, bidders shall disclose with their response the name of any officer, director, employee, or other agent who is also an employee, officer, board member, or committee member of ECUA. Bidders shall also disclose the name of any ECUA employee, officer, or director who owns, whether directly or indirectly, an interest of five percent (5%) or more in the bidder or its affiliates.

21. Social, Political, or Ideological Interests. Pursuant to Section 287.05701 of the Florida

Statutes, ECUA may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor and may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

22. Convicted Vendor. Pursuant to Section 287.133 of the Florida Statutes, no person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may do any of the following: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;

submit bids, proposals, or replies on leases of real property to a public entity; be awarded a contract with any public entity or perform work thereunder as a contractor, supplier, subcontractor, or consultant; or transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

23. Scrutinized Entities. Pursuant to Section 287.135 of the Florida Statutes, a company or other entity is ineligible to and may not bid on, submit a proposal for, or enter into or renew a contract with ECUA for certain goods or services if the company or other entity: is on the

Scrutinized Companies or Other Entities that Boycott Israel List, is engaged in a boycott of

Israel, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in Iran Terrorism Sectors List, or is engaged in business operations in Cuba or Syria.

24. Lumber, Timber, or Other Forest Products. Pursuant to Section 255.2575 of the Florida

Statutes, any lumber, timber, or other forest products used in this project should be those produced and manufactured in this state, so long as such products are available and their price, fitness, and quality are equal to those produced or manufactured outside this state.

See Special Conditions for applicability.

25. United States-Produced Iron and Steel. Any iron or steel product permanently incorporated into this project must be produced in the United States as provided in Section

255.0993(2) of the Florida Statutes and Chapter 60D-16 of the Florida Administrative Code.

See Special Conditions for applicability.

Bid Protest Procedures

Any person whose substantial interests are directly and adversely affected by any portion of a

Solicitation (including plans, specifications, or other requirements) or any decision based thereon

(a “Protestor”) may file a Protest in accordance with the following rules. Failure of a Protestor to comply with the times provided herein shall constitute a waiver of Protest rights.

Notice of Protest of any portion of a Solicitation or intended decision based thereon shall be delivered to ECUA within three (3) business days of the Protestor’s receipt of the Solicitation or notice of any intended decision based thereon. A Notice of Protest shall be in writing, shall state the subject matter of the Protest, and shall be submitted to the following via hand delivery, registered or certified mail, postage prepaid, or electronic mail with the subject line clearly identifying the communication as a Protest and the Solicitation number (e.g. Bid Protest – ITB

2045-500) to:

Emerald Coast Utilities Authority

Attn: Executive Director

9255 Sturdevant Street

Pensacola, FL 32514

Bidprotest@ecua.fl.gov

With a hard copy and electronic copy being provided to:

ECUA General Counsel, Robert O. Beasley

40 Palafox Place, Suite 300

Pensacola, FL 32502

ROBservice@lawpensacola.com

Or subsequent Board Attorney

A formal written Protest shall be delivered to ECUA within ten (10) business days after the submitting of Notice of Protest. A formal written Protest shall state with particularity the facts and the law on which the Protest is based.

Upon receipt of a Notice of Protest, which has been timely delivered to ECUA, the Executive

Director shall pause all actions of ECUA related to the Solicitation and subsequent award based thereon until the Protest has been resolved. However, if the Executive Director, at his/her sole discretion, determines that such a delay would be detrimental to the interests of ECUA or the public health, safety, or welfare, the Executive Director may direct that the Solicitation proceed and/or recommend to the ECUA Board that the Solicitation be awarded despite the pending

Protest. In such an event, the award based on such Solicitation shall be subject to the outcome of the Protest, and ECUA shall give notice of such to the Contractor which is awarded the

Contract. Notwithstanding, if ECUA does not prevail in the Protest, ECUA may take such action as it considers appropriate, which may include, but shall not be limited to, award based on the

Solicitation to the prevailing party, cancellation of the awarded Solicitation, or readvertisement.

The Executive Director may provide a reasonable opportunity to resolve a Protest by agreement.

If an agreement is not reached within such time as the Executive Director considers reasonable under the circumstances, the Executive Director shall review the facts and the law on which the

Protest is based and shall render a decision which shall be in writing and shall be promptly transmitted to the Protestor.

If the Protestor wishes to continue the Protest beyond the decision of the Executive Director, the

Protestor shall submit a petition for review by the ECUA Board. This petition shall be made in writing and delivered to the Executive Director within ten (10) business days after notice of the decision of the Executive Director. Such petition shall state the particular grounds on which it is based and may include pertinent documents and evidence relating thereto. Any grounds not stated shall be deemed to have been waived by the Protestor. This petition must also be accompanied by a Bond of an amount equal to five percent (5%) of the value of the Bid/proposal

(“Protest Bond”). This Protest Bond shall be in the form required by the Solicitation for other bonds. Failure of the protestor to timely deliver a petition for review by the ECUA Board or required

Bond shall constitute a waiver, and the decision of the Executive Director shall immediately be final and binding.

The Protest Bond shall be conditioned upon the payment of all costs and charges incurred by

ECUA as a result of the Protest. If the Protestor prevails in a Protest, the bond shall be returned to the Protestor. If ECUA prevails in a Protest, ECUA shall be entitled to recover the costs and charges incurred as a result of the Protest. Notwithstanding, the prevailing party of a Protest shall not be entitled to recover its reasonable attorney’s fees unless allowed by Florida Statutes.

CONTRACTOR’S BID

PROPOSAL

ECUA

BAYOU MARCUS ELECTRICAL UPGRADES

ECUA CIP PROJECT NO. RS425; MM PROJECT NO. 502100402-027

ITEM

NO. DESCRIPTION

UNIT OF

MEASURE QUANTITY UNIT COST TOTAL

1.01 Mobilization / Demobilization LS 1

1.02 Permitting LS 1

1.03 Demolition LS 1

1.04 Civil/Site LS 1

1.05 Structures LS 1

1.06 Mechanical HVAC LS 1

1.07 Electrical & Instrumentation LS 1

TOTAL BID:

TOTAL WRITTEN BID:____________________________________________________________

MEASUREMENT AND PAYMENT

LUMP SUM ITEMS:

Bid Item No. 1.01: Mobilization / Demobilization (≤3% of Base Bid) Payment for all work included under this bid item will be made at the lump sum price bid for mobilization and demobilization of all labor, equipment, materials, and appurtenances necessary for execution of the project. Also included, but not limited to, as part of this bid item is the cost for project performance indemnifications, photographs, preconstruction route video, schedules, coordination, and phasing and other miscellaneous items associated with the work. Payment for this bid item will be lump sum. The lump sum price for mobilization/demobilization will be limited to two (3) percent of the Total Base Bid amount. Two thirds of the lump sum amount will be payable upon mobilization only after all applicable documentation has been submitted to the Engineer. The remaining third will be payable upon demobilization and acceptance of the work.

Bid Item No. 1.02: Permitting

Payment for all work included under this bid item will be made at the lump sum price bid for the permitting, fees, and associated labor as required by the contract documents.

Bid Item No. 1.03: Demolition

Payment for all work included under this bid item will be made at the lump sum price bid for the demolition and removal of all equipment, martials and structures including associated labor as required by the contract documents.

Bid Item No. 1.04: Civil/Site

Payment for all work included under this bid item will be made at the lump sum price bid for the furnishing, delivering, and installing all materials, equipment, supplies, and appurtenances necessary for site work, site development, site drainage, erosion control, and all other civil/site improvements including associated labor for a complete and operational system as required by the contract documents.

Bid Item No. 1.05: Structures

Payment for all work included under this bid item will be made at the lump sum price for the bid furnishing, delivering, and installing all materials, equipment, supplies, and appurtenances necessary for concrete foundations and equipment pads, buildings, roofing, openings, finishes, and all other structural and architectural elements including associated labor for a complete and operational system as required by the contract documents.

Bid Item No. 1.06: Mechanical HVAC

Payment for all work included under this bid item will be made at the lump sum price bid for the furnishing, delivering, and installing all materials, equipment, supplies, and appurtenances necessary for HVAC and associated labor for a complete and operational system as required by the contract documents.

Bid Item No. 1.07: Electrical & Instrumentation

Payment for all work included under this bid item will be made at the lump sum price bid for the furnishing, delivering, installing, programming, and integration of all materials, equipment, supplies, and appurtenances necessary for electrical, instrumentation and control system and associated labor for a complete and operational system as required by the contract documents including all owner purchased equipment.

List of Subcontractors and Suppliers

Bidder solicited the following subcontractor(s) and supplier(s) in preparation of the prices used in calculating this Bid: Initial here if none: _______

Name of Company Solicited Point of Contact Work/Materials to be

Furnished

Required Certifications and Disclosures

Bidder shall complete the following certifications and disclosures and submit each with this Bid:

A. Affidavit of No Coercion for Labor and Services

B. Drug Free Workplace Certification

C. Collusion and Conflict Certification

D. Confined Space Entry Compliance Certification

E. E-Verify Certification

F. Scrutinized Entities and Foreign Country of Concern Certification and Disclosure

G. Trench Safety Compliance Certification

Affidavit of No Coercion for Labor and Services

I hereby swear and affirm that the undersigned Bidder does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, as amended and does not:

• Use or threaten to use physical force against any person;

• Restrain, isolate, or confine or threaten to restrain, isolate, or confine any person without lawful authority and against her or his will;

• Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

• Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;

• Cause or threaten to cause financial harm to any person;

• Entice or lure any person by fraud or deceit; or

• Provide a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Bidder / Company Name: _____________________________________________________

Collusion and Conflict Certification

I hereby certify that the undersigned Bidder:

1) Has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Bid.

2) Has not, directly or indirectly, colluded, consulted, communicated, or agreed with any other bidder as to any matter related to the Bid.

3) Has not induced any other bidder to modify, withdraw, submit, or not submit a Bid.

4) Has not been placed on the convicted vendor list following a conviction for a public entity crime, as defined in Section 287.133, Florida Statutes, within the last thirty-six (36) months.

Pursuant to Part III, Chapter 112 of the Florida Statutes, I further certify that that the following person(s) is an employee, officer, board member, or committee member of ECUA and:

a) An officer, director, employee, or other agent of the Bidder:

__________ (If NONE, initial here)

b) Owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder or its affiliates:

__________ (If NONE, initial here)

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Confined Space Entry Compliance Certification

Any confined space entry will be subject to the Confined Space Entry Safety Standards established by the Occupational Safety and Health Administration, 29 CFR Part 1910.

I hereby certify that any work performed by the Bidder will be performed in compliance with all applicable Confined Space Entry Safety Standards.

The cost of compliance with applicable Confined Space Entry Safety Standards is estimated by the Bidder to be $___________________, which cost is included in the amount of the bid.

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Drug Free Workplace Certification

I hereby certify that the undersigned Bidder has implemented a drug-free workplace program as defined in Section 287.087, Florida Statutes that includes the following:

(1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifies the actions that will be taken against employees for violations of such prohibition.

(2) Informing employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Giving each employee engaged in providing the commodities or contractual services that are provided under the Bid a copy of the statement specified in (1) above.

(4) In the statement specified in (1), above, notifying the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five days after such conviction.

(5) Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

(6) Making a good faith effort to continuing to maintain a drug-free workplace through implementation of these provisions.

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

E-Verify Certification

I hereby certify that the undersigned Bidder:

(1) Is registered with, and uses, the E-Verify system to verify the work authorization status of all new employees of the accordance with Section 448.095, Florida Statutes.

(2) Requires all subcontractors provide Bidder with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien in accordance with Section 448.095(5)(b), Florida Statutes.

(3) Has not, within the last year, had a contract terminated under Section 448.095(5)(c), Florida Statutes, by a public employer, contractor, or subcontractor, as defined by Section

448.095(1), Florida Statutes.

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Scrutinized Entities and Foreign Country of Concern Certification and Disclosure

I hereby certify that in accordance with the requirements of Section 287.135, Florida Statutes, the

Bidder:

(1) Is not participating in a boycott of Israel;

(2) Does not have business operations in Cuba or Syria;

(3) Is not on the Florida State Board of Administration’s Quarterly List of Scrutinized

Companies that Boycott Israel or “Scrutinized List of Prohibited Companies;

(4) Is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Terrorism Sectors List.

I further certify that in accordance with the requirements of Section 287.138, Florida Statutes:

(1) The Bidder is not owned by the government of a foreign country of concern;

(2) The government of a foreign country of concern does not have a controlling interest in the

Bidder;

(3) The Bidder is not organized under the laws of foreign country of concern; and

(4) The Bidder does not have its principal place of business in a foreign country of concern.

I further certify that, pursuant to Section 286.101, Florida Statutes, within the past five (5) years, the Bidder has received the following interest, contract, grant, and/or gift from a foreign country of concern, and such interest, contract, grant, and/or gift has a value of $50,000 or more:

__________ (If NONE, initial here)

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Trench Safety Compliance Certification

Any trench or similar excavation having a depth in excess of five (5) feet will be subject to the

Excavation Safety Standards established by the Occupational Safety and Health Administration, 29.C.F.R., Part 1926 - Safety and Health Regulations for Construction, Subpart P – Excavations.

I hereby certify that any work performed by the Bidder will be performed in compliance with all applicable trench safety standards in accordance with Section 553.63, Florida Statutes.

The cost of compliance with applicable trench safety standards is estimated by the Bidder to be

$_________________, which cost is included in the amount of the bid.

UNDER THE PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING

AND THAT THE FACTS STATED IN IT ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE.

(Signature)

Name of Signatory: __________________________________________________________

Title of Signatory: ___________________________________________________________

Bid Bond

Bond No. _________________

BY THIS BOND, we, ____________________________________________, as Principal

(Bidder), and ________________________________________________________, as Surety, are bound to Emerald Coast Utilities Authority (Owner), in the sum of five percent (5%) of the amount of the bid referred to herein, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

WHEREAS, the Principal has submitted a bid for:

ITB 2026-___________

Project Name: ___________________

Project Location:__________________

Project Description: ________________

NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if said

Principal shall execute a contract and give bond for the faithful performance thereof within the time period as stipulated by the project specifications, after being notified in writing of the award of such contract to Principal, or if the Surety shall pay the Owner the full amount of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect.

DATED ___________________

(Signature of Principal Representative)

(Print/Type Name of Signatory)

As attorney in fact for:

(Print/Type Surety Name)

(Original or certificated copy of power of attorney must be provided)

Acknowledgment

Initial Requirement

Bidder completed the Base Bid

Bidder completed the List of Subcontractors and Suppliers

Bidder executed all required Certifications and Disclosures

Bidder has submitted its Bid Bond and Power of Attorney

Bidder has or is able to obtain all required insurance coverage

Copies of all of the above shall be submitted with the bid.

Bidder acknowledges receipt and review of the following addenda:

Number Dated Number Dated

Number Dated Number Dated

Number Dated Number Dated

Number Dated Number Dated

I certify that I have read the solicitation, and I understand all specifications, terms, conditions, and materials provided therein. I further certify that the information contained herein is true and correct, and I am authorized to bind the Bidder. The Bidder proposes and agrees, if this Bid is accepted, to contract with ECUA in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, and services, and to complete the work in full and in accordance with the specifications, requirements, and obligations identified by ECUA.

(Signature of Authorized Representative)

(Print/Type Name of Signatory)

(Title of Signatory)

(Print/Type Company Name)

(Date)

If the Signatory is not an Officer of the Company, Bidder shall complete the following designation or produce a resolution (or other similar document) identifying the Signatory as authorized to bind the Company.

(This form should only be used if the Signatory of the Bid is not an officer of the Company identified in the records of the Florida Department of State.)

Corporate Signing Authority

I, the undersigned, as officer of the below company, hereby certify that

___________________________________________ has the authority to execute the

Company’s bid for ITB 2026-17 and bind the Company related to such bid.

Dated: _____________________________

(Signature of Officer)

(Print/Type Name of Officer)

(Print/Type Company Name)

Position / Title of Officer (check one):

President

Vice-President

Owner

Manager

Other: _________________________________

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

(This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification).

THIS AGREEMENT made by and between, the EMERALD COAST UTILITIES AUTHORITY (hereinafter called Owner or ECUA) and _____________________________________________ (hereinafter called Contractor), WITNESSETH THAT Owner and Contractor in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated in the Project Manual for the completion of the Project generally described as follows:

Invitation to Bid Number: ITB 2026-17 ECUA Project Name: Bayou Marcus Electrical Upgrades

ECUA CIP Project Number: RS425

Article 2. ENGINEER. This Project has been designed by the ECUA Engineering Department. (or outside Consultant Firm). The Director of Engineering hereby designates _________________, to act as Engineer and perform all duties of Engineer in accordance with the Project Manual in connection with this Contract until such time as the Director of Engineering may appoint some other individual. NOTE: IF OUTSIDE ENGINEER, INCLUDE NAME AND ADDRESS OF

ENGINEERING FIRM.

Article 3. CONTRACT TIME. The Work shall be completed (Final) within three hundred thirty (360) calendar days after r e c e i p t o f t h e N o t i c e t o P r o c e e d i n a c c o r d a n c e w i t h the General Conditions. Contractor shall commence work under the Project Manual within ten (10) calendar days after written Notice to Proceed and, subject to authorized adjustments, achieve Substantial Completion not later than (330) calendar days after receipt of the Notice to Proceed, and achieve Final Completion not later than (30) calendar days after Substantial Completion.

Article 4. CONTRACT PRICE. Owner shall pay Contractor for performance of the Work in accordance with the Project Manual in current funds at the Unit Prices included in the Bid.

Article 5. PAYMENT. All payments shall be made in accordance with the Local Government Prompt Payment Act (Florida Statutes, Chapter 218, Part VII), as amended. In the event of a conflict between the terms of the Local Government Prompt Payment Act and those provided in the Project Manual, the Local Government Prompt Payment Act shall govern.

5.1 Contractor may submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be submitted to, and reviewed and approved by, the Engineer as provided in the General Conditions. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment for which payment has been recommended by Engineer in accordance with section 15.01 of the General Conditions but in no event shall such payment be made later than twenty-five (25) business days after Application is received by Engineer.

5.2 Prior to Substantial Completion, progress payments shall be in an amount equal to ninety-five percent (95%) of the Work completed, and ninety-five percent (95%) of stored materials that have been paid for, less any Reduction in Payment as provided in section 15.01 of the General Conditions.

5.3 Within twenty (20) business days after delivery of the final certificate of Substantial

Completion in accordance with paragraph 15.03 of the General Conditions, Owner must pay Contractor the remaining contract balance that includes all retainage previously withheld less an amount equal to one hundred fifty percent (150%) of the estimated cost to complete the items on the punch list.

5.4 Upon completion of all punch list items, Contractor may submit an application for final payment in accordance with section 15.06 of the General Conditions. If a good faith dispute exists as to whether one or more items identified on the punch list have been completed, Owner may continue to withhold up to one hundred fifty percent (150%) of the total costs to complete such items.

5.5 Upon final completion of the Work, including receipt of “As Built” drawings, Contractor’s

Final Affidavit, and Warranty, and compliance with section 15.06 of the General Conditions, Owner will pay the remainder of the contract price.

5.6 If a Contractor receives payment from Owner for labor, services, or materials furnished by Subcontractors and Suppliers hired by the contractor, the Contractor must remit payment due to those Subcontractors and Suppliers within ten (10) days after the Contractor's receipt of payment.