ITBC_25-011P_Front_End_Documents_for_Bidding_10.14.24.pdf
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- Attached to
- General Aviation Terminal Building
- Solicitation number
- 25-011P
- Issued by
- Flagler County, Florida
About this file
This is a government solicitation document (ITB No. 25-011P) issued by Flagler County Board of County Commissioners for the construction of a new General Aviation Terminal Building at Flagler Executive Airport in Florida. The project scope includes building the terminal, constructing an access road and parking lot, with an additional alternate bid option for an alternative terminal access road configuration. The solicitation requires sealed bids to be submitted by Wednesday, November 13, 2024, at 2:00 PM local time, with a non-mandatory pre-bid meeting scheduled for Thursday, October 31, 2024, at 11:00 AM. The prime contractor must have a minimum of five years' experience in similar projects and provide references for three comparable projects. The contract duration is set at 510 calendar days from the Notice to Proceed, with potential variations depending on whether the alternate bid option is selected.
The project requires a bid bond of 5% of the total bid amount, and bidders must submit one original, four paper copies, and one electronic PDF copy of their proposal. Contractors must provide comprehensive insurance coverage, including general liability, workers' compensation, and other specified insurances. The project is funded through Flagler County, with the county reserving the right to reject any or all bids, award segments of the project, or waive informalities. Bidders must comply with various requirements, including E-Verify for employment eligibility, public entity crime statutes, and local regulations. The total project cost is not explicitly stated, but bidders are expected to provide detailed pricing through a bid schedule covering the terminal building, parking lot, and potential road construction.
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ITBC NO. 25-011P
FLAGLER EXECUTIVE AIRPORT
GENERAL AVIATION TERMINAL
BUILDING
Flagler County BoCC
Purchasing Division
1769 East Moody Blvd. Bldg. 2
Bunnell, FL 31000 purchasing@flaglercounty.gov mailto:purchasing@flaglercounty.gov
SUBMITTALS DUE: WEDNESDAY, NOVEMBER 13, 2024, BY 2:00 PM, LOCAL TIME
Cut along the outer border and affix this label to your sealed proposal envelope to identify it as a “Sealed Proposal”. Be sure to include the name of the company submitting the proposal where requested.
SEALED PROPOSAL • DO NOT OPEN
SEALED PROPOSAL NO: ITB #25-011P
PROPOSAL TITLE:
GENERAL AVIATION TERMINAL BUILDING
DUE DATE/TIME:
Wednesday, November 13, 2024 at 2:00 pm
SUBMITTED BY:
(Name of Company)
DELIVER TO: FLAGLER COUNTY BOCC
PURCHASING DEPARTMENT
1769 E. MOODY BOULEVARD
BUILDING 2, THIRD FLOOR
BUNNELL, FLORIDA 32110
DATE/TIME RECEIVED:
(To be stamped by Purchasing
Department)
TABLE OF CONTENTS
ADVERTISEMENT ADVT -1- ADVT-2
INSTRUCTIONS TO BIDDERS I-1 - I-9
BIDDERS CHECK LIST CL-1
BID BOND FORM
BID SUBMITTAL FORMS
PROJECT FORMS
CONTRACT FORM
PAYMENT AND PERFORMANCE BOND FORM
WARRANTY BOND FORM
STANDARD TERMS & CONDITIONS
STANDARD GENERAL CONDITIONS
TECHNICAL SPECIFICATIONS
CONTRACT PLANS
BB-1 - BB-2
BS-1 – BS-9
PF-1 - PF 16
C-1 - C-2
PPB-1 – PPB4
WB-1 – WB-2
ST-1 - ST-6
GC-1 - GC-28
ADVERTISEMENT
ADVT-1
FLAGLER COUNTY
ADVERTISEMENT FOR BIDS
FOR
FLAGLER EXECUTIVE AIRPORT GENERAL AVIATION TERMINAL
BUILDING
ITB 25-011P
Sealed bids for furnishing all plant, labor, materials, equipment and supervision to complete the new General
Aviation Terminal Building project at Flagler Executive Airport in Flagler County, Florida in conformance with the project plans and contract documents.
The scope of work includes but is not limited to the following: This project will include the construction of the new General Aviation Terminal Building at Flagler Executive Airport including an access road and parking lot.
The County is also requesting costs for a Bid Alternate Option to construct an alternate configuration for the Terminal Access Road portion of the project. Alternate option may or may not be accepted by Flagler
County and shall only be authorized and exercised at the sole discretion of Flagler County. Alternate Bid
Options are not part of the Base Bid.
The prime contractor shall have minimum five (5) years’ of experience working in projects of similar nature and must provide reference contact information for a minimum of three (3) similar projects.
ADVT-2
A Non-Mandatory Pre-Bid Meeting for all interested parties will be held on Thursday, October 31, 2024, at 11:00 AM in the Tourism Development Office located at 120 Airport Road, Suite 3, Palm Coast, FL
32164. Although the Pre-Bid Meeting is not mandatory, it will offer potential bidders the only opportunity to ask questions and discuss the project directly with staff.
Bids will be received by Flagler County at the Office of the Purchasing Manager at the following address:
Flagler County BOCC - Purchasing Dept.
1769 E. Moody Boulevard, Building 2
Bunnell, Florida 32110
Interested Bidders may secure proposal documents and all other pertinent information by visiting the website of VendorLink at www.myvendorlink.com.
Bids must be accompanied by a certified check, bank draft, or satisfactory Bid Bond, drawn in the favor of
Flagler County in the amount of five percent (5%) of the total bid as shown on the Bid Form. No Bidder may withdraw his Bid after the scheduled closing time for receipt of Bids. All Bids must be firm for a period of ninety (90) days after the time set for opening Bids.
No person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may submit a Bid for a period of 36 months from the date of being placed on the convicted vendor list.
The successful Bidder will be required to furnish and pay for satisfactory Contract Bonds (Performance and
Payment) and appropriate Warranty Bond.
Upon award of contract, a Certificate of Insurance must be provided indicating compliance with the criteria and for the coverage(s) in the Standard Terms and Conditions of the Agreement between the County and the selected Contractor.
Interested firms are to submit sealed bids including one (1) original marked “Original”, four (4) identical paper copy sets and one (1) electronic copy in pdf format on USB, in conformance with the detailed submittal instructions. Bids must be received on or before 2:00 P.M. Local Time, Wednesday, November 13, 2024, after which time they will be publicly opened and read aloud; and shall be plainly marked on the outside of a sealed envelope/container with: Bidder’s name and address, and in the bottom left corner, “Flagler Executive Airport General Aviation Terminal Building
Bids received after the specified date and time will not be accepted. Faxed or emailed bids will not be accepted.
Flagler County reserves the right to reject any and all Bids, to award all or segments of the project and to waive any informality in Bids received, as may be in the best interest of the County.
NOTICE TO BIDDERS/PROPOSERS
To ensure that your Bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is purchasing@flaglercounty.gov.
http://www.myvendorlink.com/ mailto:purchasing@flaglercounty.gov.
INSTRUCTIONS TO BIDDERS
I-1
INSTRUCTION TO BIDDERS
1. DEFINITION OF TERMS
Where the following terms, or their pronouns, occur herein, the intent and meaning shall be as follows:
OWNER: Flagler County Board of County Commissioners
ENGINEER: County Engineer or designee, Bunnell, FL 32110
CONTRACT: The agreement executed by the Owner and Contractor for the performance of work and the other documents (plans, specifications, notice to Bidders, proposal, surety bonds, addenda and other documents) whether attached thereto or not.
SURETY: Any person, firm or corporation which is bound by Public Construction Bond and Payment Bond with and for the Contractor and which engages to be responsible for his acceptable performance of the work and for payment of all debts pertaining thereto.
2. PREPARATION OF BID
To Ensure Acceptance of Your Bid, Please Follow These Instructions:
(a) All Bid Sheets including this form must be executed and submitted in a sealed envelope.
(Do not include more than one Bid per envelope). The face of the envelope shall contain, in addition to the address, the date and time of the Bid opening and the Bid number or title.
All Bids are subject to the conditions specified herein. Those, which do not comply with these conditions, may be subject to rejection.
Address your sealed envelope as follows:
Flagler County BOCC - Purchasing Dept.
Bunnell, Florida 32110
BID NUMBER (As Shown on the Advertisement for Bids)
Bid must be typed or printed in ink. All corrections made by the Bidder prior to the opening must be initialed and dated by the Bidder. No changes or corrections will be allowed after
Bids are opened.
(b) Bid must contain a manual signature of an authorized representative of the company.
(c) The Bid opening shall be public on the date and time specified on the Bid. It is the Bidder's responsibility to assure that the Bid is delivered at the proper time and location. Bids, which are received after the Bid opening time, will be returned unopened to the Bidder.
I-2
(d) Bidders shall examine the Contract Documents, delivery schedule, Bid prices and all general and special conditions of the Bid prior to submission and agree that submittal of a bid for the work is prime facie evidence he (they) have conducted such examinations.
(e) Bid must be accompanied by a Bid Bond in the amount specified in the Advertisement for
Bids, the Instructions to Bidders, or the Bid Bond form.
(f) Bids must be accompanied by a certified check, bank draft, or satisfactory Bid Bond, drawn in the favor of Flagler County in the amount of five percent (5%) of the total bid as shown on the Bid Form. No Bidder may withdraw his Bid after the scheduled closing time for receipt of Bids. All Bids must be firm for a period of ninety (90) days after the time set for opening Bids.
(g) Bidders shall submit a list of subcontractors and major material suppliers to be used if awarded the contract. A copy of the form is provided in the Bid Documents and shall be attached to the Bidder’s Proposal. Such listing shall include the name of each subcontractor where the work exceeds five percent (5%) of the Contract Price. If no subcontractors are required, so state thereon.
Upon request by the Engineer, the successful Bidder shall submit, within seven (7) calendar days thereafter, all data required to establish to the satisfaction of the Engineer and Owner, the reliability and responsibility of the proposed subcontractors to furnish and perform the work described in the Sections of the Specifications pertaining to such proposed subcontractor’s respective trades.
Prior to the award of the Contract, the Engineer will notify the Bidder, after due investigation, if Owner has reasonable and substantial objection to any person or organization proposed as a subcontractor. The Bidder then may submit an acceptable substitute at no increase in Bid price. If the Bidder fails to submit an acceptable substitute within seven (7) days of the original notification, the Owner then may, at his option, disqualify the Bidder, at no cost to the Owner, and award the contract to the next lowest
Bidder that proposes to use acceptable subcontractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder.
Subcontractors and other persons and organizations proposed by the Bidder and accepted by the Owner and the Engineer must be used on the work for which they were proposed and accepted and shall not be changed without approval of the Owner and the Engineer.
(h) The successful Bidder will be required to furnish and pay for satisfactory Contract Bonds
(Performance and Payment) and a one-year Warranty Bond, unless specified otherwise.
(i) Upon award of a contract a Certificate of Insurance indicating that the coverage(s) identified in the Standard Terms and Conditions of the Contract Documents are in effect must also be provided. Such certification shall stipulate the County and the City of Bunnell are listed as an additionally insured and meet all other identified criteria.
I-3
(j) Interested firms are to submit sealed bids including one (1) original marked “Original”, four (4) identical paper copy sets and one (1) electronic copy in pdf format on USB, in conformance with the detailed submittal instruction. A bid bond in the amount of 5% must be included with your bid submittal. Bids must be received on or before 2:00 PM, Wednesday, November 13, 2024 and shall be plainly marked on the outside of a sealed envelope or container with: Bidder’s name and address, and in the bottom left corner, “FLAGLER EXECUTIVE AIRPORT GENERAL AVIATION TERMINAL
BUILDING”.
Bids are to be submitted to:
Flagler County BOCC - Purchasing Dept.
Bunnell, Florida 32110 BID NUMBER (As Shown on the Advertisement for Bids)
3. PRE-BID MEETING:.
A Non-Mandatory Pre-Bid Meeting for all interested parties will be held on Thursday, October
31, 2024, at 11:00 AM in the Tourism Development Office, 120 Airport Road, Suite 3, Palm
Coast, FL 32164. Although the Pre-Bid Meeting is not mandatory, it will offer potential bidders the only opportunity to ask questions and discuss the project directly with staff.
4. BID DEADLINE:
Bid must be submitted no later than the time and date given in the Advertisement For Bids or subsequent Addenda thereto.
Bids will be received at 2:00 PM, after which time they will be publicly opened and read aloud.
Bids received after the specified date and time will not be accepted. Faxed bids will not be accepted.
5. TIMETABLE:
Date of Distribution: Wednesday, October 16, 2024
Non-Mandatory Pre-Bid Meeting: Thursday, October 31, 2024, 11:00 am
Last Date of Inquiries: Thursday, November 7, 2024, 5:00 pm
Bids Due: Wednesday, November 13, 2024, 2:00 pm
Bids will be received Wednesday, November 13, 2024, at 2:00 PM, after which time they will be publicly opened and read aloud. Bids received after the specified date and time will not be accepted. Faxed bids will not be accepted.
6. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:
1. To ensure fair consideration for all bidders, the County prohibits communication to or with any department, division or employee during the bid process, except as provided below.
I-4
2. All questions or inquiries relative to interpretation of specifications or the bid process shall be addressed in writing as indicated below and must be received by the Last Date of Inquiries as indicated in the Timetable in Subparagraph 5. Inquiries after this date may not be given consideration. Any interpretation made to prospective bidders will be expressed in the form of a written addendum which, if issued, will be sent to all prospective bidders no later than seven (7) calendar days before the date set for receipt of the bids. Oral answers will not be authoritative.
3. It will be the responsibility of the bidder to contact the Purchasing Department prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid.
4. Questions may be entered into myvendorlink.com. All questions and answers will be posted in that system.
5. You must reference the bid number in the subject line. All requests or questions should be clearly marked and must be received no later than the deadline provided within these Instructions to Bidders.
Flagler County BOCC - Purchasing Dept.
1769 E. Moody Boulevard, Building 2
Bunnell, Florida 32110
(386) 313-4010 Office, (386) 313-4108 Fax
E-mail: purchasing@flaglercounty.gov
7. COMMUNICATION
There shall be no communications between the Vendor, their employees or subcontractors concerning this project to anyone within the Flagler County BCC, including but not limited to, all
County employees and elected officials (hereafter referred to as “County Representative”), except through the Purchasing Department.
Any attempt to communicate with any County Representative outside the Purchasing Department will be considered a violation of the Purchasing Policy and may result in the removal of your company from the bidders list for this project, and/or removal or suspension of your company from future bidders lists.
8. EXPLANATION TO BIDDERS:
Each Bidder shall examine the Bidding Documents carefully; he shall make a written request to the County for interpretations or corrections of any ambiguity, inconsistency or error, which he may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications.
No negotiations, decisions or actions can be relied on by the Bidder as a result of any oral discussions with any County employee prior to the opening of proposals. Only those communications, which are in writing from the County, may be considered as a duly authorized expression on behalf of the County. Also, only written and signed communications from Bidders will be recognized by the County as duly authorized expressions on behalf of Bidders.
mailto:purchasing@flaglercounty.org
I-5
9. MANUFACTURERS' NAME AND APPROVED EQUIVALENTS:
Manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The Bidder may offer any brand for which he is an authorized representative, which meets or exceeds the specifications for any item(s). If Bids are based on equivalent products, indicate on the Bid Form the manufacturers' name and catalog number. Bidder shall submit with his Bid, cuts, sketches, and descriptive literature and/or specifications. The Bidder should also explain in detail the reasons(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. Flagler County reserves the right to be the sole judge of what is equal and acceptable. Bids, which do not comply with these requirements, are subject to rejection. If Bidder fails to name a substitute, it will be assumed that he is bidding on, and he will be required to furnish goods identical to the Bid standard.
10. ADDITIONAL TERMS AND CONDITIONS:
The County of Flagler reserves the right to reject Bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.
11. TAXES:
The County of Flagler is exempt from Federal Excise Taxes and all Sales Taxes.
12. LIABILITY:
The Contractor shall hold and save the City of Bunnell and the County of Flagler, their officers, agents, and employees harmless against claims by third parties resulting from the Contractor’s breach of Contract or the Contractor’s negligence.
13. LICENSES:
The Contractor shall be responsible for obtaining and maintaining his City and County occupational license and any licenses required pursuant to the laws of Flagler County or the State of Florida.
14. PUBLIC ENTITY CRIMES STATEMENT:
Bidders must complete and return with Bid/Proposal the Sworn Statement to Public Entity Crimes pursuant to Section 287.133(3)(a), Florida Statutes.
15. PREPARATION AND SUBMISSION OF BID:
Each Bidder shall submit Bid Prices on this documentation in the proper spaces and substitutions on which he Bids. Any erasures or other corrections in the Bid must be explained or noted over the signature of the Bidder. Bids containing any conditions or irregularities of any kind may be rejected by Flagler County. It is the intention of the County to award this Bid based on the low total Bid price meeting all Contract Document Requirements.
16. PENALTIES:
BIDS MAY BE REJECTED AND/OR BIDDERS DISQUALIFIED FOR THE
FOLLOWING REASONS:
1. Consistent failure to respond to Bid invitation for three (3) consecutive instances.
2. Failure to update the information on file including address, product, service or business descriptions.
I-6
3. Failure to perform according to Contract provisions.
4. Conviction in a court of law of any criminal offense in connection with the conduct of business.
5. Evidence of a violation of any Federal or State anti-trust law based on the submission of
Bids or proposals, or the awarding of Contracts.
6. Evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board's purchasing activity.
7. Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid.
8. Other reasons deemed appropriate by the Board of County Commissioners.
17. WITHDRAWAL OF BIDS:
Bids may be withdrawn by written or orally verified telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. Faxed or Electronically mailed withdrawals will not be recognized.
18. RECEIPT AND OPENING OF BIDS:
Bids will be opened publicly at the time and place stated in the Invitation to Bid. The person whose duty it is to open them will decide when the specified time has arrived and no Bids received thereafter will be considered. No responsibility shall be attached to any person for the premature opening of a Bid not properly addressed and identified. At the time fixed for the opening of Bids, the contents of the Bid form will be made public for the information of Bidders and other interested parties who may be present either in person or by representative.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving Bids.
19. REJECTION OF BIDS/PROPOSALS:
The County reserves the right to reject any and/or all Bids when such rejection is in the best interest of the County.
20. AWARD OF BIDS:
The Bid will be awarded as soon as possible to the lowest responsible Bidder.
21. BID CHALLENGE:
Any Bid award recommendation may be challenged administratively on the grounds of irregularities in the Bid procedure, or the evaluation of the Bid. Such notice of intent of Bid challenge shall be made in writing to the County within seventy-two (72) hours after receipt of the intended recommendation of award and challenger shall file a formal written Bid challenge within five (5) days after the date in which the notice of intent of Bid challenge has been submitted.
Failure to file a notice of intent of Bid challenge or failure to file a formal written Bid challenge shall constitute a waiver of all administrative rights granted under this section.
I-7
At the time fixed for the opening Bids, the contents of the Bid Form will be made public for the information of Bidders and other interested parties, who may be present either in person or by representatives. This section confers no judicially enforceable rights. Its sole purpose is to give unsuccessful Bidders a formalized opportunity to complain about the process.
22. CANCELLATION:
The Contract with the successful Bidder may be terminated by the County without cause by giving a minimum of thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end of the thirty (30) day period. The County may terminate the Contract at any time as a result of the Contractor's failure to perform in accordance with these specifications and applicable Contract. The County may retain/withhold payment for nonperformance if deemed appropriate to do so by the County.
23. DISPUTES:
The Contract Agreement for this project will be conditioned on venue for any disputes being in the Seventh Judicial Circuit in and for Flagler County.
The Board of County Commissioners, Flagler County, reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposals as may be deemed to be in the best interest of the County.
Final payment for items of work will be based on items actually completed, accepted and in place at the conclusion of the project.
Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized alterations of form, unauthorized alternate Bids, incomplete or unbalanced Bids, or irregularities of any kind.
Only one (1) Bid from any individual, firm, partnership or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one Bid for the work contemplated, all Bids in which such Bidder is interested will be rejected.
If the Bid is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under this individual signature and his post office address shall be shown. If made by a co-partnership, the Bid shall be executed for the co-partnership by setting out in full, the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners and the post office address of each of the partners shall be shown. If made by a corporation, the Bid shall be executed by setting out the corporation name in full, followed by a statement that it is incorporated and existing under the laws of the named state, and if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and by being signed by its president or other authorized corporate officer, with its corporate seal affixed and attested by its secretary, and the address of its principal place of business shall be shown.
I-8
24. BID SECURITY:
Each Bid must be accompanied by a certified check, cashier’s check, or Bid bond payable to the
Owner for an amount equal to at least five percent (5%) of the amount of Bid. The Owner will, within ten (10) days after the opening of the Bids, return the deposit of all Bidders except those posted by the three lowest acceptable Bidders, whose deposit will be returned upon the final award and execution of the Contract between the successful Bidder and Owner, and after a satisfactory Public Construction Bond and Payment Bond have been executed.
25. COMPETENCY OF BIDDERS:
The Owner reserves the right to make such investigations as he may deem necessary to establish the competency and financial ability of any Bidder to perform the work; and if after investigation, the evidence of his competency or financial ability is not satisfactory, the Owner reserves the right to reject his Bid.
26. CONSIDERATION OF BIDS AND AWARD OF CONTRACT:
If the Contract is awarded, the Owner will accept the Bid and award the Contract to the successful
Bidder, by written notice, within ninety (90) days after the opening of Bids.
Upon determination by the Board of County Commissioners, failure on the part of the successful
Bidder to execute a Contract and file an acceptable bond within ten (10) days from the notice of acceptance shall be just cause for annulment of the award and the forfeiture of the Bid security or a portion thereof. The Owner may then accept the Bid of the next lowest responsible Bidder or re-advertise for Bids. If the Bid of the next lowest Bidder is accepted, the acceptance shall bind such
Bidder as though he were the original successful Bidder.
The Owner reserves the right to increase the extent of the project at the same unit or lump sum prices as Bid, but such increase in quantities shall not exceed twenty percent (20%) of the original
Bid unless agreed to by both the Owner and Bidder.
The Owner reserves the right to reject any or all Bids and to waive informalities or to accept any
Bid or combination of Bids which, in the Owners judgment, will best serve his interest.
27. CONTRACT SECURITY:
The Contractor shall furnish a Public Construction Bond, Payment Bond and appropriate Warranty
Bond in a penal sum of at least 100% of the amount of the Contract as awarded, as security for faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment or services of any nature employed or used by him in performing the work. Such bonds shall be in the form of bond furnished and shall bear the same date as the Contract, or a date subsequent to the date of the Contract. The surety on such bonds shall be duly authorized and nationally recognized surety company satisfactory to the Owner. In the event the Contract price is increased by Contract Amendment, the value of the bonds shall be increased to an amount equal to 100% of the amended Contract price.
I-9
28. CONSTRUCTION PLANS AND SPECIFICATIONS:
The Construction Plans, Specifications and all supplementary documents are essential parts of the
Contract Documents and requirements occurring in one are considered as occurring in all. They are intended to be cooperative, to describe and provide for the construction of a complete unit or group of units, ready for operation. In case of discrepancy computed dimensions shall govern over scaled dimensions, plans and special provisions shall govern over standard specifications.
29. CONSTRUCTION CONDITIONS:
All of the conditions which are known to affect the performance of the work have been shown on the plans and/or described elsewhere in other areas of the Contract Documents, but the Owner makes no representation that the condition as shown or described are the conditions that will be found in the field when actual construction is undertaken. It will be the Bidder's responsibility to examine the Specifications and related documents as well as the site of the work to determine, to his satisfaction, the surface and subsurface conditions related to the construction contemplated;
and failure to do so will not relieve the Contractor of complete and satisfactory performance under this Contract.
30. LAWS AND REGULATIONS:
The Bidder's attention is directed to the fact that all applicable local, state, and Federal laws and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout and they will be deemed to be included in the Contract Documents the same as though herein written out in full.
31. FLORIDA PROMPT PAYMENT ACT:
Payments shall be in accordance with Part VII of Ch. 218, Florida Statutes, the “Local Government
Prompt Payment Act.”
BIDDER CHECKLIST
CL - 1
BIDDERS CHECKLIST
BID SUBMITTAL – EXCEL SPREADSHEET BID FORM (BS-1)
1. Fill in date submitted and by whom.
2. Enter prices in figures in highlighted column of Excel spreadsheet. Initial and date any changes or erasures of words or figures made after printing.
3. Fill in date for addenda received. If no addenda have been received, write in words "none".
4. Fill in name of Individual or Corporation and address.
5. Sign and seal bid and have signature witnessed by two (2) witnesses.
6. Submit one proposal form with original signatures.
7. Submit any required certifications and other data for proposed alternates, as follow:
BID SUBMITTAL CHECKLIST FOR BID NO. ITB 25-011P
Bid Bond (BB-1 – BB-2)
Bid Form (BS-1)
Sworn Statement Pursuant to Section 287.133 (3)(a) F.S.
in Public Entity Crimes (BS-2)
Vendor Information (BS-3)
Vendor W-9 Form (BS-4)
Trench Safety Certification (BS-5)
Affidavit of Non-Collusion (BS-6)
Drug-Free Workplace Certificate (BS-7)
E-Verify Acknowledgement (BS-8)
List of Proposed Subcontractors (BS-9)
8. Submit FIVE (5) complete sets of the bid submittal; one (1) original marked “Original” and four (4) identical paper copies and one (1) electronic copy in pdf format on USB in a sealed envelope. The envelope is to be plainly marked with the Project Name and Bid Number shown in the Advertisement for Bids as well as the name and address of the Bidder.
BID BOND FORM
BB-1
GENERAL AVIATION TERMINAL BUILDING
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(hereinafter called Principal) and
Surety) a corporation chartered and existing under the laws of the State of
(hereinafter called the with its principal offices in and authorized to do business in the State of Florida, in the full and just sum of dollars ($ )
Good and lawful money of the United States of America to be paid upon demand of the Flagler
County Board of County Commissioners (hereinafter call County), to which payment will and truly to be made we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally and firmly by these presents, WHEREAS, the Principal is about to submit, or has submitted to the County a Bid for the “ITB 25-
011P, FLAGLER EXECUTIVE AIRPORT GENERAL AVIATION TERMINAL BUILDING” in and for the said County of Flagler, Florida.
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified or cashier's check otherwise required to accompany this Bid.
NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted the Principal shall within ten (10) days after the receipt of notification of the acceptance thereof execute a Contract in accordance with the Bid and upon the terms, conditions and unit or lump sum prices set forth therein, in the form and manner required by the County, in an amount not less than the total Contract price as indicated by the approximate quantities shown in the Bid, in form and with security satisfactory to the said County, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the Surety shall upon the failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid County upon demand the amount hereof in good and lawful money of the
United States of America, not as a penalty, but as liquidated damages.
The exclusive jurisdiction and venue for resolving any dispute relating to this bond shall be the
Circuit Court of Flagler County, Florida.
BB-2
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of .
Signed Sealed and Delivered in the Presence of:
PRINCIPAL:
(Typed or Printed Name)
WITNESS: BY:
(Signature) (Signature)
(Typed or Printed Name) (Typed or Printed Name)
WITNESS:
(Signature)
SURETY:
BY (AGENT):
(Title)
ADDRESS:
BID SUBMITTAL FORMS
BID FORM (BS ‐1)
BID SUBMISSION TO FLAGLER COUNTY, FLORIDA
FOR
FLAGLER EXECUTIVE AIRPORT GENERAL AVIATION TERMINAL BUILDING
BID NO. ITB‐25-011P
TO: Flagler County Board of County Commissioners SUBMITTED:
BY:
(Name of Individual or Corporation)
(DATE)
The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid as principal or principals is or are named herein and that no other person other than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a Bid, and that it is in all respects fair and in good faith.
I/we certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid. In submitting a Bid to the County of Flagler the Bidder offers and agrees that the Bidder assigns and transfers to the County of Flagler all rights and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the County of Flagler.
The Bidder further declares that he has examined the site of the Work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, that he has examined the Bid/Contract Documents relative thereto, including but not limited to the Advertisement for Bids, Proposal
Form, Form of Contract and Form of Public Construction Bond and Payment Bond, and has read all of the addenda furnished prior to the opening of Bids, as acknowledged below, and that he has satisfied himself relative to the work to be performed.
If this Bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with Flagler County, Florida on the Contract form specified, of which this Bid, and the other Contract Documents shall be made a part of the performance of work described therein; to furnish the necessary bonds as specified in the Contract Documents prepared on the applicable approved bond form furnished by Flagler County, to furnish all necessary materials, equipment, machinery, maintenance, tools, apparatus, transportation, supervision, labor and all means necessary to construct and complete the work in the manner specified; to furnish the required evidence of the specified insurance; to commence work on the date established by Flagler County and to complete all Contract work as specified in the Contract Documents.
It is understood that all items of work are guaranteed for twelve (12) months from the date of final acceptance, unless otherwise specified.
Acknowledgment is hereby made of the following addenda received since issuance of the Bid/Contract Documents.
Addendum Number Date
(1)
(2)
(3)
(Name of Individual or Corporation)
(Title) WITNESS:
CORPORATE SEAL:
Completed Bid Form MUST be submitted with Bid
(Instruction to save Bid Form from website: Perform “file save as” and save spreadsheet to your computer.
Fill in pricing in highlighted column, preferably electronically.)
I (WE) AGREE TO PERFORM ALL OF THE WORK INCLUDED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES:
Bidders are required to complete all fields shaded in green. All other fields will be automatically calculated.
Pay Item
Number
Description
Unit
Estimated
Quantity
Unit
Price ($)
Total
Price
BID SCHEDULE A
Construct General Aviation Terminal Building and Associated
Parking Lot and obtain Certificate of Occupancy, including construction permitting and associated fees, demolition, excavation, temporary access, stormwater construction, site work, parking lot construction, striping, signage, fencing, landscaping, irrigation, and utilities as per project contract documents, technical specifications, and construction plans. A detailed schedule of values will be required no more than 10 days after the bid opening.
LS
Bid Schedule A Total
BID SCHEDULE B
Construct Roundabout and Road Tie-ins, including construction permitting and associated fees, demolition, excavation, temporary access, stormwater construction, site work, striping, signage, landscaping, and utilities as per project contract documents, technical specifications, and construction plans. A detailed schedule of values will be required no more than 10 days after the bid opening.
Bid Schedule B Total
Pay Item
Number
Description
Unit
Estimated
Quantity
Unit
Price ($)
Total
Price
FLAGLER EXECUTIVE AIRPORT GENERAL AVIATION TERMINAL BUILDING
ALTERNATE BID OPTIONS
ALTERNATE BID OPTION #1
Construct Alternate Terminal Access Road, including construction permitting and associated fees, demolition, excavation, site work, striping, signage, landscaping, and utilities as per project contract documents, technical specifications, and construction plans. A detailed schedule of values will be required no more than 10 days after the bid opening.
Alternate #1 Total
BS – 2 (1 of 3)
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA
STATUTES, IN PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
County of Flagler by
[print individual's name and title] for
[print name of entity submitting sworn statement] whose business address is
(if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) : .
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (a)(g), Florida
Statutes, means a violation of any public entity or with an agency or political subdivision of any other State or of the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (a)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders, BS – 2 (2 of 3) employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on
Contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement: [indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the final order].
BS – 2 (3 of 3)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE
IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31, OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR
TO ENTERING INTO A CONTRACT.
[signature]
[date]
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority who, after first being sworn by me, affixed his signature in
[Name of Individual Signing] the space provided above on this day of .
NOTARY PUBLIC
My commission expires:
Personally Known OR Produced Identification
Type of Identification Produced
VENDOR INFORMATION
In addition to General conditions, your BID may be disqualified if the following vendor information is not returned with your BID.
Vendor is:
( ) Corporation
( ) Partnership
( ) Sole Proprietorship
( ) Other (Explain)
Federal Employer Identification
Number or Social Security Number:
Do you collect Florida State Sales Tax? ( ) Yes ( ) No
Firm Name:
Mailing Address:
Telephone No. Fax No.
Email Address: Web Address:
Commodity or Service Supply:
If remittance address is different from the mailing address so indicate below.
Firm Name:
Mailing Address:
Submitted by:
Name & Title Printed:
This document must be completed and returned with your Submittal
BS-3
Form W-9 (Rev. November 2017) Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the requester. Do not send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):
Individual/sole proprietor or single-member LLC
C Corporation S Corporation Partnership Trust/estate Exempt payee code (if any)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
Exemption from FATCA reporting code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number or
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
Employer identification number
Sign Here
Signature of
P ri n t o r ty p e
S e e S p e c if ic I n s tr u c ti o n s o n p a g e http://www.irs.gov/FormW9 http://www.irs.gov/FormW9
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 11-2017)
BS - 5
CERTIFICATION OF COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT
Bidder acknowledges that he is solely responsible for complying with the Florida Trench Safety
Act (ACT) and Occupational Safety and Health Administrations excavation safety standard 29
CER 1926.650 (Subpart P as amended). Bidder further acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench
Safety Act (90-96, Law of Florida) and the Occupational Safety and Health Administrations excavation safety standards as they may be amended from time-to-time.
BY:
Bidder
Authorized Signature
Date
BS - 6
AFFIDAVIT OF NON-COLLUSION
FOR
ITB-25-011P
*, being first duly sworn, deposes and says that he (it) is the bidder in the above bid, for , that the only person or persons interested in said bid are named therein that no officer, employee or agent of the Flagler County BCC or of any other bidder is interested in said bid; and that affiant makes the above bid with no past or present collusion with any other person, firm or corporation.
Affiant: Title:
Sworn and subscribed to before me this day of
20 , in the state of Florida, County of
Attest…
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