M0034-Bid-Package-RFP2026-004.pdf

CONSTRUCTION BID DOCUMENTS

FOR

RIVERFRONT REVITALIZATION

PHASE I

CITY OF APALACHICOLA

CDBG-DR M0034

RFP2026-004

Release Date: June 1, 2026

PROJECT CONTACT LIST:

Municipality:

City of Apalachicola

1 Bay Avenue

Apalachicola, Florida 32320

Phone: (850) 653-2205

Fax: (850) 653-2205

Leslie Glaze, Grant and Procurement Director

Charles Anderson, City Manager

Engineers:

Halff Associates

2255 Killearn Center Blvd, Suite 200

Tallahassee, Florida 32309

Dan Scheer, VP Operations Manager

Phone: (850) 848-9425

Melissa Pennington, PE Team Leader

Phone: (850) 848-9407

Consultants:

Gouras and Associates

214 Draperton Drive

Ridgeland, Mississippi 39157

Phone: (601) 605-8128

Felicity Edwards

M0034 Riverfront Revitalization Phase I

Each Proposal should be prepared simply, with concise delineations of the firm’s capabilities to satisfy the requirements of this Request for Proposals. Complete all requirements and forms below.

Section I: Administrative Information and Procurement

1. General Description of M0034 Phase I

2. Proposal Requirements

3. Bid Sheet Totals

4. Bid Street Summary and Attachment Instructions

5. Minority, Women, and Veteran Business Ownership

6. Contractor’s Letter of Interest for CDBG Project

7. Gantt Chart Proposed Timeline

8. Evaluation Proposal Guidelines

9. Insurance Requirements

10. Contract Negotiation, Cone of Silence/Prohibition on Communication

Section II: Required Forms and Certifications

11. Signed Proposal Form 1

12. Transactions and Conveyances of Corporate Identification Form 2

13. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes on Public Entity

Crimes Form 3

14. Bid Bond Form 4

15. Contractor Evidence and Proof of Licenses/Certifications Form 5

16. Certification of Bidder Equal Opportunity Form 6

17. Durg-Free Workplace Certification Form 7

18. Anti-Collusion Clause Form 8

19. City of Apalachicola Byrd Anti-Lobbying Amendment Certification Form 9

20. Certificate from Contract/Subcontractor Designating Officer or Employee to Supervise

Payment of Employees Form 10

21. E-Verify Compliance Form 11

22. Certification Debarment, Suspension, Ineligibility, and Voluntary Exclusion Form 12

23. Conflict of Interest and Disclosure Statement Form 13

24. Certification of Non-Segregated Facilities Form 14

25. Indemnification and Hold Harmless Statement Form 15

Section III: Attachments

26. Bid Sheet

27. CDBG Attachments A-E

Section I: Administrative Information and Procurement

GENERAL DESCRIPTION OF PROJECT M0034 PHASE I

This document outlines the requirements and procedures for submitting bids for a construction project overseen by the City of Apalachicola. It includes sections detailing the general project description, bid summary, MWBE considerations, instructions and bid sheets, bid bond stipulations, contractor licensing, supervision certificates, equal employment certification, Gantt

Chart information, standard contract forms for the City of Apalachicola, and attachments for Bid

Sheets, CDBG and Davis-Bacon requirements. Additionally, it provides the legal format for the bid bond, emphasizing the obligations and conditions for bidders and sureties.

The M0034 Riverfront Revitalization Project is a major $4.75 million initiative in Apalachicola, Florida, designed to repair coastal infrastructure and boost the local economy following the destruction caused by Hurricane Michael. Managed in partnership with FloridaCommere and funded via Community Development Block Grant–Disaster Recovery (CDBG-DR) funds, the project directly addresses the balancing act between preserving Apalachicola's historic working waterfront and accommodating its booming tourism industry. The project has been split into two phases with Phase I focusing on construction of public and commercial docks, piers, utilities, and historic preservation with Phase II completing new streetscapes, sidewalks, and lighting.

Project Scope and Location

Project M0034 Phase I funds target the structural stabilization of these historic areas while expanding public access by achieving the following outcomes:

• Commercial Pier and Dock Repairs along Scipio Creek: Rebuilding heavily damaged infrastructure at Scipio Creek Marina, Water Street Hotel, and JV Gander Property.

• Old Apalachicola Fire Station: Disassembly of the Old Fire Station and salvage materials from the Fire Station for future use by the City.

• Anders Pier and Pumpout Station: Rebuild the public dock, Anders Pier, and install a new maritime vessel pump-out station at Anders Pier.

• Popham Building: Disassembly of the historic Popham Building and pave the way for future commercial reuse.

Timeline: Both phases of the project are being procured simultaneously and will run concurrently. The Contractor acknowledges and agrees that the dates and deadlines set forth herein are material terms of the Agreement and essential to the Owner's operations. The

Contractor must achieve Substantial Completion of the entire Work no later than September 30, 2027. Bidders must submit a preliminary Gantt chart detailing their logical path to meet the mandatory completion date. Bids submitted without a viable, logical schedule will be deemed non-responsive and disqualified. Failure to achieve Substantial Completion by the specified date will result in the assessment of Liquidated Damages in the amount of $750 per consecutive calendar day of delay, as compensation for the Owner's losses, and not as a penalty.

Information to Bidders

CDBG Background and Requirements:

This contract will be paid for in whole or in part with Community Development Block Grant –

Disaster Recovery funding (CDBG-DR) from the U. S. Department of Housing and Urban

Development (“HUD”) and FloridaCommerce for activities authorized under Title I of the

Housing and Community Development Act of 1974 and as described in the 2020 State of Florida

Action Plan for Disaster Recovery. As such this contract is subject to the applicable terms and conditions of Subrecipient Agreement M0034 between FloridaCommerce and the City of

Apalachicola, 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200 (including Appendix II to Part

200), 20 CFR Part 601, 24 CFR Part 570 subpart I, et seq., and all other State and Federal laws, rules, regulations, and policies governing the funds provided through the Subrecipient

Agreement, as now in effect and as may be amended from time to time.

The Subrecipient Agreement allocates total funding of $4,758,051 (100%) for this project, which includes $4,414,686 (92.8%) in CDBG-DR funds and $343,365 (7.2%) in non-federal Funding.

**NOTE: FUNDING AMOUNTS REFLECT THE FULL SCOPE OF WORK FOR GRANT

AGREEMENT M0034. THIS SOLICITATION IS LIMITED TO COMPONENTS OF THE

PROJECT IDENTIFIED IN THESE CONTRACT DOCUMENTS.**

This contract is subject to the Davis-Bacon Act, the Contract Work Hours and Safety Standards

Act, the Copeland Anti-Kickback Act, and Section 3 of the Housing and urban Development Act of 1968. Additional information regarding the Required Contract Terms and Conditions for Subrecipient Agreement M0034 can be found in Attachments A through E.

All bidders must make positive efforts to use small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms in accordance with

2 CFR 200.321.

Section 3 businesses, minority and women’s business enterprises, veteran-owned businesses, and labor surplus area firms are hereby solicited to bid on this contract as prime contractors and are encouraged to make inquiries regarding potential subcontracting opportunities and equipment, material and/or supply needs.

The City of Apalachicola is an Equal Opportunity Employer.

REQUIRED BID PROPOSAL SECTIONS: (Please include all the information below in the

Bid Proposal)

Firm Experience & Qualifications: Highlight the firm's history, size, and specific experience with Florida government entities, coastal engineering, and federal CDBG programs. Detail the resumes of key personnel, showing their ability to handle project milestones, ability to complete the project by September 30, 2027.

Ability of Professional Personnel: This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size, and complexity.

This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the City. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individuals within the team and companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project.

Past Performance: This criterion measures the professional team’s experience with projects similar in size, type, and complexity as this project. The professional teams will be evaluated on their construction projects of the size and scope of this project including the experience the team members proposed on this project have together on the previous projects presented. Preference will be given to projects constructed within the last five (5) years in proximity to the City of

Apalachicola. Proposals should include no fewer than three (3) and no more than five (5) references from previous clients.

Location: The professional team’s approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Bidder shall demonstrate from the project kick-off how they manage day-to-day or on-site information collection and distribution between internal and external team members, City staff, as well as other entities involved in the project.

Recent, Current, and Projected Workloads of the Firm: This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project.

Local Reference Contacts: A minimum of three to five references from other Florida communities detailing your performance on similar infrastructure projects.

Sunbiz Registration: Proof that your firm is actively registered and licensed to do business in the State of Florida.

Gantt Timeline: A tight construction project Gantt timeline is required to maximize efficiency by using parallel scheduling, overlapping phases, and a clearly defined Critical Path to meet strict deadlines and completion by September 30, 2027.

BID SHEET SUMMARY M0034 PHASE I-Plan Set 1 - Dock and Pier

Repairs/Reconstruction, Building Demolition along Scipio Creek. (Disassembly of Popham)

**Contractor must hold costs for 90 days.

Site and Pay Item Description

Total Estimated Costs

Anders Pier

Old Fire Station Demolition

JV Gander Oil Company

Water Street Hotel Repairs

Scipio Creek Marina Repairs

Popham Building

General Pay Items for all Sites

Total for Plan Set I

Signature/Bidder Authorized Official Date

INSTRUCTIONS FOR BID SHEET ATTACHMENT

1) Input your estimated “quantities” and “unit price” in the column (highlighted green) for each item listed on the “BID FORM” for each Phase of the project.

2) The sheet will ‘self-sum’ for the total project cost. Contractor to verify/certify the BID SHEET accuracy upon submittal to the City of Apalachicola for the project. The bidding Contractor is solely responsible for final quantity and price (unit or sum) shown on the sheet and final amount listed in the proposal by the Contractor. Sheet provided to ‘assist’ contractor in the development of their bid, and unit quantities and costs listed will be used as part of the FINAL CONTRACT for project – each bidding Contractor MUST provide BID FORM for each Phase in order to be considered a ‘responsive bidder’ on the project.** The City of Apalachicola/Engineer of Record assume NO RESPONSIBILITY provided BID FORM – the Contractor MUST VERIFY the data entered and the resulting total project cost entered by the Contractor as the basis for bid.

MINORITY, WOMEN, and VETERANS BUSINESS OWNERSHIP

Bidder Diversity Participation Clause:

The City of Apalachicola is committed to promoting diversity, equity, and inclusion in its procurement process. Extra evaluation points will be awarded to certified diverse business enterprises with eligible groups include Minority-Owned Business Enterprises (MBE), Women-

Owned Business Enterprises (WBE), and Veteran-Owned Business Enterprises (VOBE).

Certification Requirements:

To qualify for diversity evaluation points, the bidder must substantiate their status at the time of proposal submission. Self-certification is not accepted. Bidders must provide a valid, current copy of their certification from an approved agency. A maximum of 5 points will be added to the bidder’s total evaluation score if they meet the diversity criteria.

Business Ownership Status Yes/No Certifying Agency Certification# and

Exp Date

Minority-Owned (MBE)

Women-Owned (WBE)

Veteran-Owned (VBE)

Signature/Bidder Authorized Official Date

Printed Name and Title Unique Identifier Number

CONTRACTOR’S LETTER OF INTEREST

Contractor may use the template below or one of their own containing below information

[Contractor Letterhead]

[Date]

[Name of Municipal Official or Procurement Director]

[Title]

[Municipality Name]

[Address]

Subject: Letter of Interest –RFP Reference Number: RFP2026-004

Dear City of Apalachicola, [Company Name] is pleased to submit this Letter of Interest in response to the Municipality of

Apalachicola’s Request for Proposals for M0034 Riverfront Revitalization Phase I. Our team is highly qualified, properly licensed in the State of Florida, and fully prepared to execute the scope of work as outlined in the solicitation.

We have reviewed all RFP documents, addenda, and CDBG program requirements. By submitting this letter, we acknowledge and agree to the following:

• Compliance: If selected, we will comply with all federal and Florida state statutes regulating CDBG funds, including, but not limited to, Section 3 requirements, the Davis-

Bacon Act, Equal Employment Opportunity (EEO), and the Copeland "Anti-Kickback"

Act.

• Accuracy: All representations, facts, and figures submitted in our proposal are true, accurate, and complete.

• No Collusion: We certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

We look forward to the opportunity to discuss our qualifications and methodology for this project. Please direct any further correspondence or addenda to [Contact Person, Email, Phone

Number].

Sincerely, (Authorized Signature) [Printed Name]

[Title]

[Company Name], FEIN/Tax ID, SAM.gov Registration Status

Gantt Timeline

This project must be completed by September 30, 2027, to meet Federal and State CDBG deadlines. Bidders need to include a proposed Gantt Timeline to demonstrate that the contractor can manage a compressed 13–14-month schedule. This timeline will provide an at-a-glance visualization of the project, mapping out start dates, overlaps, and critical milestones so no time is wasted.

PROCUREMENT RULES AND INFORMATION

CONTACT PERSONS

Dan Scheer, VP Operations Manager dscheer@halff.com

Phone: (850) 848-9425

Melissa Pennington, PE Team Leader mpennington@halff.com

Phone: (850) 848-9407

Leslie Glaze, City of Apalachicola Procurement Director

Phone: (479) 402-0070 Email: lglaze@cityofapalachicola.com

Bids will be received until July 6, 2026 @ 2:00 pm, Eastern Time at City Hall, 1 Bay Avenue, Apalachicola, Florida 32320 and will be opened and read aloud immediately thereafter.

All technical questions and requests for plans and specifications must be addressed to Dan Sheer

@ dscheer@halff.com or Melissa Pennington @ mpennington@halff.com and administrative questions may be addressed to Leslie Glaze @ lglaze@cityofapalachicola.com no later than June

17, 2026.

Bid questions and answers will be published on the City’s website @ www. cityofapalachicola.com by June 23, 2026.

Questions submitted after that date and time will not be answered. DIRECTING QUESTIONS TO

ANY OTHER CITY STAFF IS PROHIBITED AND WILL RESULT IN THE SUBMITTAL

BEING DISQUALIFIED. Interpretations or clarifications considered necessary by the City in response to such questions will be issued by Addendum and will be placed on the City website https://www.cityofapalachicola.com/. By submitting a Statement of Qualifications, the responder acknowledges receipt of all addendums issued. Failure to submit requests in writing by the specified time shall not be grounds for a protest.

mailto:lglaze@cityofapalachicola.com

Calendar of Events:

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the City finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are Eastern Time.

Date / Time Action

June 17, 2026, End of Day Last day to submit questions

June 23, 2026, End of Day Answers provided

July 6, 2026, no later than 2:00 P.M. EST Close date / Open bids

Disposal of RFP:

Upon award recommendation or thirty (30) days after receiving, RFP submittals become “public records” and shall be subject to disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP and must identify the data or other materials to be protected and must state the reasons why such exclusion from public disclosure is necessary.

Rejection of RFQ:

The City reserves the right to accept or reject any statement of qualification as may be deemed necessary by the City to be in its best interest. The City further reserves the right to waive any and all informalities, and reserves the right to reject all nonconforming, unresponsive statements of qualifications. The City reserves the right to reject the statement of qualifications of any firm or individual if the City believes that it would not be in the best interest of the City to make an award to that firm or individual, because the statement of qualification is not responsive or responsible, or the firm or individual is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the City.

Verbal Instructions:

No negotiations, decisions, or actions shall be initiated or executed by the firm because of any discussions with any City employee. Only those communications from firms, which are signed and in writing, will be recognized by the City as duly authorized expressions on behalf of the firm.

All communication with City Commissioners or City staff other than the City Manager is prohibited during the time of the RFP advertising.

Signed Letter of Interest:

A contractor's signed Letter of Interest (LOI) for a Florida municipal CDBG (Community

Development Block Grant) RFP serves as formal intent to bid. It confirms the contractor meets state qualifications and must include specific CDBG compliance certifications (e.g., Section 3, Civil Rights, and Anti-Lobbying provisions)

Signed Proposal:

A signed proposal form for an RFP (Request for Proposal) is the official, binding signature page required by a government entity. It verifies that you agree to all the terms in the solicitation, certify that your bid is legitimate and collusion-free, and legally commit your company to your proposed pricing and services.

Transactions and Conveyances of Corporate Identification:

This form is used for identity and structural verification document for businesses. It does not involve "conveying" or selling your business; rather, it collects precise legal details about your corporation so that any future transaction agreements, purchase orders, or contracts can be drafted with flawless legal accuracy

Public Entity:

The Contractor must sign and complete a Public Entity Crime Sworn Statement as defined under

Section 287.133(3)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as an Engineer, supplier, or subcontractor, under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category

Two for a period of 36 months from the date of being placed on the convicted vendor list.

Bid Bond:

A bid bond is a type of surety bond that a contractor must submit alongside their proposal when responding to a Request for Proposal (RFP) for a Community Development Block Grant (CDBG) project in Florida. It guarantees that if your bid is selected, you will accept the job at the price quoted and provide the required final performance and payment bonds

Contractor Evidence and Proof of Licenses/Certifications:

In a Florida Request for Proposal (RFP), Contractor Evidence and Proof of Licenses/Certifications is a required documentation section verifying your business is legally qualified and authorized to perform the proposed scope of work. It ensures you comply with Florida Statutes and local ordinances.

Certification of Bidder Equal Opportunity:

A Certification of Bidder Equal Opportunity is a mandatory document included in Florida Requests for Proposal (RFPs). By signing it, the vendor formally warrants they are an Equal Employment

Opportunity (EEO) employer and will not discriminate in employment, upgrading, demotion, recruitment, or compensation based on race, color, religion, sex, or national origin.

For local government contracts, especially those utilizing federal funding (HUD CDBG Grants)— this certification ensures that public funds are not used to support discriminatory hiring or workplace practices. It is primarily implemented to comply with federal requirements.

Drug-Free Workplace:

Bidder must complete the City’s Drug Free Workplace Certification form, attached and made a part of the RFP.

Anti-Collusion Clause:

An anti-collusion clause in a Florida Request for Proposal (RFP) is a mandatory legal statement that ensures your bid is completely independent. It acts as a sworn guarantee to the government entity that your company has not communicated, consulted, or conspired with any other competitors to manipulate pricing or restrict fair competition.

The Byrd Anti-Lobbying Amendment Certification:

This certification is a federal requirement mandating that contractors receiving federal funds over

$100,000 verify they have not used—and will not use—appropriated federal funds to lobby

Congress or federal agencies to win the contract.

Certificate from Contractor/Subcontractor Designating Officer or Employee to Supervise Payment of Employees:

This certificate formally appoints a payroll supervisor (such as a Labor Standards Officer) to handle, verify, and certify employee payment records on behalf of the company. It ensures the person certifying payroll reports has firsthand knowledge of the wage facts and has the authority to execute the required Statement of Compliance (Copeland Act). The document must be signed by authorized corporate officers or partners and submitted to the general contractor or contract owner prior to the first payroll submission.

E-Verify Compliance:

E-Verify compliance for a Florida Request for Proposal (RFP) means that any contractor bidding on a public project or contract with a Florida government entity must be enrolled in the federal E-

Verify system to confirm the employment eligibility of all new hires.

Debarment Notice:

Bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a City official) are subject to 2 C.F.R. Part 180, “OMB

Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement).” In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, “New

Restrictions on Lobbying,” published at 55 FR 6736 (February 26, 1990), including definitions, and the Office of Management and Budget “Governmentwide Guidance for New Restrictions on

Lobbying,” and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996).

CDBG Conflict of Interest and Disclosure Statement:

This statement is a mandatory government form required by Florida and U.S. HUD regulations. It requires individuals and businesses to disclose any personal, business, or financial relationships with public officials that could improperly influence the awarding or execution of a CDBG-funded contract.

Indemnification:

Firm shall indemnify and save harmless the City, its officers, agents, and employees, from all claims, suits, or actions at law or equity, damages, losses, and expenses, whether direct or indirect, or consequential, including but not limited to charges of engineers, attorneys, and other professionals and costs of both defense and appeal, in a court of law or other tribunal, for any reason whatsoever, including but not limited to bodily injury, sickness, disease, or death of any person, including employees of Firm or any subcontractor, or injury to or destruction of property, including loss of use, which claims are arising out of, related to, connected with, or caused by (a)

Firm, or any subcontractor or supplier of Firm, negligent performance or non-performance of the

Project. The provisions of this indemnification agreement shall include all accidents, injuries, and claims made, whether caused in part, by any act or omission of the City, its respective officers, agents, or employees, provided Engineer shall not be required to indemnify the City for the City’s own negligence.

Protest:

RFP protests arising shall be resolved in accordance with the City of Apalachicola Procurement and Purchasing Policies.

Insurance Requirements

Bidder shall provide, pay for, and maintain, with companies satisfactory to the City, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Prior to execution of a contract, the insurance coverages and limits required must be provided by properly executed Certificates of Insurance on forms which are acceptable to the City. The Certificates must be personally, manually signed by the Authorized

Representatives of the insurance company/companies shown on the Certificates with proof that he/she is an authorized representative thereof. In addition, certified, true, and exact copies of all insurance policies required shall be provided to the City, on a timely basis, if required by the City.

These Certificates and policies contain provisions that thirty (30) days’ written notice by registered or certified mail shall be given the City of any cancellation, intent not to renew, or reduction in the policies’ coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limit of any policy, the Bidder shall immediately take steps to have the

Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverage of the Bidder shall be primary to any insurance or self-insurance program carried out by the City applicable to this Project.

The acceptance by the City of any Certificate of Insurance evidence of the insurance coverages and limits required in this Contract does not constitute approval or agreement by the City that the insurance requirements have been met or that the insurance policies shown on the Certificates of

Insurance are following the requirements of this Contract.

Before starting and until acceptance of the work by the City, Bidder shall maintain insurance of the types and to the limits specified below. Bidder shall require each of its subcontractors to procure and maintain, until the completion of that subcontractor’s or sub-subcontractor’s work, insurance of the types and to the limits specified below, unless such insurance requirement for the subcontractor or sub-subcontractor is expressly waived in writing by the City. Said waiver shall not be unreasonably withheld upon Bidder representing in writing to the City that Bidder’s existing coverage includes and covers the subcontractors and sub-subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified below.

All liability insurance policies, other than the Professional Liability, Worker’s Compensation and

Employers’ Liability policies, obtained by Bidder to meet the requirements of this Contract shall name the City as an additional insured as to the operations of the Bidder under this Contract and the Contract Documents and shall contain severability of interest provisions.

If any insurance provided pursuant to this Contract expires prior to the completion of the work, renewal Certificates of Insurance and, if requested by the City, certified, true copies of the renewal policies shall be furnished by Engineer thirty (30) days prior to the date of expiration. Should at any time the Bidder not maintain the insurance coverage required in this Contract, the City may cancel this Contract or at its sole discretion shall be authorized to purchase such coverage and charge the Engineer for such coverages purchased. The City shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Contract.

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the

City’s Representative prior to the commencement of the work. Bidder shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the City’s Representative, nor shall the Bidder allow any subcontractor to commence work on its sub-contract until all similar such insurance required of the subcontractor has been obtained and approved.

Policies shall be issued by companies authorized to do business under the laws of the State of

Florida and shall have adequate Policyholders and Financial ratings in the latest ratings of A.M.

Best rating of A- or better.

Required Insurance:

1. Workers’ Compensation insurance as required by the State of Florida.

2. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000

Occupational Disease for each employee.

3. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired, or non-owned vehicles, with minimum limits of $1,000,000 Combined Single Limit, and if split limits are provided, the minimum acceptable limits shall be $500,000 per person, $500,000 per occurrence, $25,000 property damage.

4. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of contractor or any of its employees, agents, or subcontractors or sub-Engineers, including Premises and/or Operations, Independent Contractors, Broad Form Property Damage, and a

Contractual Liability Endorsement with $300,000 Combined Single Limit, and if split limits are provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per occurrence, $50,000 property damage.

5. The City shall be named as an additional insured with respect to Engineer’s liabilities hereunder in insurance coverages identified for comprehensive business automobile and vehicle liability insurance and commercial general liability. The City and its officials, employees, agents, and volunteers are to be covered as an additional insured with an

Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage in respects to liability arising out of activities performed by or on behalf of the Engineer. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees, agents, and volunteers.

The City reserves the right to request any other insurance coverage it deems necessary depending upon the exposures. The Contractor, and its insurance carrier, waives all subrogation rights against the City and its officials, employees, agents, and volunteers for all losses or damage which occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires all policies to be endorsed with a

Waiver of our Right to Recover from others or equivalent.

Evaluation of Proposal Guidelines

City of Apalachicola Procurement and Purchasing Policies

Evaluation of proposals shall be conducted in accordance with City of Apalachicola Procurement and Purchasing Policies as follows:

• The City Manager shall determine the Evaluation Group that will best serve the needs of the City.

• Members of the Evaluation Group are prohibited from discussing a project with any professional or professional firm that may submit a proposal during the procurement process, except in formal meetings.

• Only written responses of statements of qualifications, performance data, or other data received by the publicized submission time and date shall be evaluated.

• The City will only award contracts to respondents that possess the ability to perform successfully under the terms and conditions specific to the proposed procurement. When making such a determination, the City may consider factors including, but not limited to:

record of past performance, strength of financial and technical resources, integrity, and compliance with public policy.

• The Evaluation Group may choose to conduct formal presentations/interviews with firms prior to final ranking.

• The Evaluation Group shall use the ordinal process to rank the firms. The respondents shall be listed in order of preference. The list of best-qualified respondents shall be forwarded to the City Manager and/or City Commission for approval prior to beginning contract negotiations.

Ranking and selection will be based on the following categories:

Criteria Maximum Score

Ability of Professional Personnel 30

Past Performance 25

Location: Ability to Perform Work in Apalachicola 15

Recent, Current, and Projected Workloads of the Firm 25

Minority, Women, and/or Veteran-Owned Business Enterprises

Total 100

Contract Negotiation

The City shall negotiate a contract with the firm considered to be the most qualified to provide the services at compensation and upon terms which the Negotiator(s) determines to be fair and reasonable to the City. In making this decision, the Negotiator(s) will consider the estimated value, the scope, the complexity, and the professional nature of services to be rendered. Should the

Negotiator(s) be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm may be formally terminated. The Negotiator(s) shall then undertake negotiations with the second most qualified firm. Failing with the second most qualified firm, the Negotiator(s) may formally terminate negotiations, and may then undertake negotiations with the third most qualified firm. Should the Negotiator(s) be unable to negotiate a satisfactory contract with any of the selected firms, the Selection Group may select additional firms in order of their competence and qualifications, and the Negotiator(s) may continue negotiations in accordance with City of Apalachicola Procurement and Purchasing Policies until an agreement is reached or until a determination has been made not to contract for such services.

Notwithstanding the foregoing, this section shall not be construed in a manner that would conflict with rejection of the RFP. The City reserves the right to accept or reject any statement of qualification as may be deemed necessary by the City to be in its best interest. The City further reserves the right to waive all informalities, and reserves the right to reject all nonconforming, unresponsive statements of qualifications. The City reserves the right to reject the statement of qualifications of any firm or individual if the City believes that it would not be in the best interest of the City to make an award to that firm or individual, because the statement of qualification is not responsive or responsible, or the firm or individual is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the City.

Cone of silence/Prohibition on Communications

To ensure fair consideration and consistent and accurate dissemination of information for all proposers, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the

City’s Procurement Division representative. Additionally, the City prohibits communication initiated by a proposer to any city official or employee by evaluating or considering the proposals

(up to and including the City Commissioners) before the time an award decision has been made.

Any communication between a proposer and the City required to obtain information or clarification for preparing a proposal or to enable accurate evaluation of a proposal will be handled solely through the Procurement Division staff as the single point of contact. Any communications initiated between the proposer and the City outside these parameters may be grounds for disqualifying the offending proposer from consideration for award and/or any future proposal.

During the Cone of Silence, no person may lobby on behalf of a competing party in a particular procurement process. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the procurement and the time the City awards a contract.

Section II: Required Forms and Certifications

Form 1: Proposal Form

City of Apalachicola

1 Bay Avenue

Apalachicola, Florida 32320

Date: _________________________

Commissioners:

The undersigned Company, which herein may be referred to as “Proposer,” “Contractor” or “Firm,” having reviewed the scope of services requested and familiarized himself with the local conditions, nature of the work, and having carefully developed an acceptable method of providing services as described herein, and having carefully examined the terms of this RFP, shall furnish all materials, labor, services, and any other items for the proper execution of contract number RFP 2026-004.

(TO BE COMPLETED BY PROPOSER)

ADDENDA

Acknowledgment is hereby made of receipt of the following addenda issued during the proposal period:

Addendum No. ____ Date: _______________________________________________

Addendum No. ____ Date: _______________________________________________

Addendum No. ____ Date: _______________________________________________

Addendum No. ____ Date: _______________________________________________

SEAL IF PROPOSAL IS BY CORPORATION

State of Florida (or other State) Department of State Certificate – Document Number:

Proposer: _______________________________________________

By: _______________________________________________

Occupational License No.: _______________________________________________

Signature: _______________________________________________

NOTE: By signing and submitting this Proposal for consideration by the City Commissioners of the City of Apalachicola, the vendor acknowledges that they have read, understand, and agree to all aspects of the specifications as presented without reservation, exception, or alteration.

Form 2: Transactions and Conveyances of Corporate Identification

The following information will be provided to the City Attorney for incorporation in legal documents. It is, therefore, vital all information is accurate and complete. Please be certain all spelling, capitalization, etc. is exactly as registered with the state or federal government.

(Please Circle One)

Is this a Florida Corporation: Yes / No _______________________________________________

If not a Florida Corporation, in what state was it created:

Name as spelled in that State: _______________________________________________

What kind of corporation is it: “For Profit” / “Not for Profit”

Is it in good standing: Yes / No _______________________________________________

Authorized to transact business in Florida: Yes / No

State of Florida Department of State or other State Certificate of City Document No.:

Does it use a registered fictitious name: Yes / No

Names of Officers:

President: _______________________________________________

Vice President: _______________________________________________

Secretary: _______________________________________________

Treasurer: _______________________________________________

Director: _______________________________________________

Director: _______________________________________________

Other: _______________________________________________

Other: _______________________________________________

Name of Corporation (As used in Florida):

(Spelled exactly as it is registered with the state or federal government)

Corporate Address: _______________________________________________

Post Office Box: _______________________________________________

City, State, Zip: _______________________________________________

Street Address: _______________________________________________

City, State, Zip: _______________________________________________

Corporate Identification

Federal Identification Number: _______________________________________________

(For all instruments to be recorded, taxpayer’s identification is needed)

Name of individual who will sign the instrument on behalf of the company:

(Upon Certification of Award, the Contract shall be signed by the President or Vice- President. Any other officer shall have permission to sign via a resolution approved by the Board of Directors on behalf of the company. The Awarded Firm shall submit a copy of the resolution together with the executed contract to the City Attorney’s Office.)

(Spelled exactly as it would appear on the instrument)

Title of the individual named above who will sign on behalf of the company:

Form 3: Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes on Public

Entity Crimes

. This sworn statement is submitted to the City of Apalachicola.

By (print name of individual submitting sworn statement):

Whose business address is: _______________________________________________

And (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: ___________________________________

1. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with 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 or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

2. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(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 jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

3. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

• A predecessor or successor of a person convicted of a public entity crime; or

• 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, 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 36 months shall be considered an affiliate.

4. 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 provision 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, partners, shareholders, employees, members, and agents who are active in management of an entity.

5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting sworn statement. (Indicate applicable statement.)

☐ 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, executives, partners, shareholders, employees, members, or agents who are active in the 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, executives, partners, shareholders, employees, members, or agents who are active in the 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.)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER

FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 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 IN EXCESS OF THE

THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR

CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

STATE OF: _______________________________________________

COUNTY OF: _______________________________________________

Subscribed and sworn to before me this _____ day of _________________, 20____, by ____________________________________ who personally appeared before me at the time of notarization, and who is personally known to me or who has produced ____________________________ as identification.

Notary Public Signature and Date: ______________________________________________

Form 4: Bid Bond

KNOW ALL MEN BY THESE PRESENT, that, we, the undersigned, __________________________________________as Surety, are hereby held and firmly bound unto the City of Apalachicola as Owner in the penal sum of $___________________ for the payment of which, well, and truly to be made, we hereby jointly, and severable bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed, this

___________day of ______________, 20___.

The condition of the above obligation is such that whereas the principal has submitted to

City of Apalachicola, a certain Bid, attached hereto and hereby made part, to enter a contract in writing, for the Construction of the Riverfront Revitalization Project Phase I

CDBG-DR Project #M0034.

NOW THEREFORE,

A. If said Bid shall be rejected, or in the alternate

B. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of a Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and…