1 BID No. 20260411

NOTICE OF AVAILABILITY OF BID SPECIFICATIONS

REQUEST FOR BIDS

CHARLOTTE COUNTY, FLORIDA

The County of Charlotte will be receiving sealed bids at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for:

BID NO. 20260411

MID-COUNTY TRANSFER STATION WALL

It is the intent of Charlotte County to secure the services of a Contractor for the construction of a new 6-foot-tall concrete masonry unit (CMU) border wall and all associated site modifications required to complete the installation at 19765 Kenilworth Boulevard, Port Charlotte, Florida 33954. This project includes removal of existing structures, selective demolition of existing pavements, preparation of subgrade, installation of new foundations and wall components, and restoration of disturbed surfaces. Estimated Budget is: $358,478.

Local licenses required: Registered/Certified General or Certified Building

There will be no Pre-Bid Conference held for this project.

BID OPENING: 2:00 p.m., May 27, 2026

PURCHASING DIVISION CONFERENCE ROOM

Bid Documents may be obtained by accessing the Charlotte County Purchasing Division’s website at https://purchasingbids.charlottecountyfl.gov under “Purchasing Bids Online”, document number 264112. Any questions can be answered by contacting Mike Gallagher, Contract Specialist at 941.743.1377 or email:

michael.gallagher@charlottecountyfl.gov.

OPTIONAL ELECTRONIC BID SUBMISSIONS: If your firm would like to submit your bid electronically, please visit http://bit.ly/3TYAyKa and follow given instructions.

Notice of Availability Posted: 04/22/2026

Sun Newspaper Publish Date: 04/24/2026

Charlotte County Purchasing Division

18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094

Phone 941.743.1378

Fax 941.743.1384 https://purchasingbids.charlottecountyfl.gov/ mailto:michael.gallagher@charlottecountyfl.gov https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbit.ly%2F3TYAyKa&data=05%7C01%7CRhiannon.Mills%40charlottecountyfl.gov%7C8ea9f9498bc144f3cbe808dacbf1913f%7C6e60678d3f1f4282a0336669a73e14ad%7C0%7C0%7C638046535630859273%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=iVJTPdtTvfIAuj6OFB2BpBoD6XVjT2uJY4UHCaEARwg%3D&reserved=0

2 BID No. 20260411

STATEMENT OF NO BID

If you do not intend to bid on this commodity/service, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors’ list for this commodity/service.

We the undersigned, have declined to bid on requested commodity/service BID #20260411, MID-COUNTY TRANSFER STATION WALL, for the following reason(s):

Specifications too “tight”, i.e. geared toward one brand or manufacturer only (explain below).

Insufficient time to respond to the Invitation to Bid.

We do not offer this product or service.

Our schedule would not permit us to perform.

Unable to meet bond/insurance requirements.

Unable to meet specifications.

Specifications are unclear (explain below).

Remove us from your vendors’ list for this commodity/service.

Other (specify below).

Remarks:

Company Name:

Contact Person (typed or printed):

Contact Person Signature:

Phone: Fax:

E-Mail Address:

Note: Statement of No Bid may be emailed to michael.gallagher@charlottecountyfl.gov.

Charlotte County Purchasing Division

18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094

Phone 941.743.1378

Fax 941.743.1384 mailto:michael.gallagher@charlottecountyfl.gov

3 BID No. 20260411

TABLE OF CONTENTS

Notice of Availability 1

"No Bid" Response Page 2

Table of Contents 3

INSTRUCTIONS TO BIDDERS 4-8

GENERAL PROVISIONS 9-17

TECHNICAL SPECIFICATIONS & CONDITIONS 18-21

INSURANCE REQUIREMENTS 22-25

SAFETY AND HEALTH REQUIREMENTS 26

BID FORM 27-34

ATTACHMENTS

-Permits (2 pages) -Drawings – (6 pages) -Technical Specifications – (40 pages) -SWFWMD Exemption Letter – (4 pages)

4 BID No. 20260411

INSTRUCTIONS TO BIDDERS

IB-01 QUALIFICATIONS OF BIDDERS: It is the intent of the County to award the contract to the lowest responsive, responsible bidder, qualified by experience and capable of providing collateral as bond and/or bondable to a surety company acceptable to the County in the amount of 100% of the awarded contract price. Successful bidder must furnish a Performance and Payment Bond satisfactory to the County within fourteen (14) calendar days after notification of award, as described in IB-09.

IB-02 GENDER DESIGNATION: The County and the Contractor are treated throughout the Contract Documents as if each were of the singular number and masculine gender.

IB-03 EXAMINATION OF DOCUMENTS/SITE: Prior to the submission of a bid form, bidders shall examine the documents, visit the site of the work, and fully inform themselves as to all existing conditions and limitations that affect the work to be performed under the contract.

A. Examination of Documents - The bidding contractor is instructed to carefully examine the bid package, including the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Special Provisions, General Provisions, Insurance Requirements, Safety and Health Requirements, Permit Fees, Maintenance of Traffic Policy (M.O.T.), Plans and all other related bid documents, including all modifications thereof, incorporated in the bid package.

Discrepancies, omissions, or questions about the intent of the documents should be submitted to the Purchasing Division in written form as a request for interpretation no later than five (5) calendar days prior to bid opening (or shall be verbally addressed at the pre-bid conference).

B. Examination of Site: Prior to submitting a bid form, each bidder shall examine the site and all conditions thereon. All bid forms shall be presumed to include all such existing conditions as may affect any work to be done on this project. Failure to familiarize himself with such conditions will in no way relieve the successful bidder from the necessity of furnishing any materials or performing any work that may be required to complete the work in accordance with the drawings and Specifications.

C. Interpretations of any of the bid documents or the project will be in the form of a written addendum to the documents, which will be posted on the purchasing website. The County will attempt to notify all prospective bidders of the issuance of addenda, however, it is the responsibility of the bidder, prior to submitting his bid, to determine if addenda were issued, acknowledging and incorporating it into their bid. Receipt of any addenda by each bidder must be acknowledged on the bid form, indicating the addendum number and date of issue, therein becoming a part of the contract. No oral explanations shall be binding.

IB-04 PREPARATION OF SUBMISSION OF BID FORM REQUIREMENTS: Bid Forms shall be made on forms supplied by the County, or reasonable facsimile thereof and attached thereto, or as otherwise specified. Indicate the number of calendar days required to complete the project (unless length of time required for completion is identified by the County in the Bid Form) and acknowledge receipt of any addenda received during the bid period.

Each bid must give the full business address of the bidder and state whether bidder is an individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation.

Any erasures or other corrections in the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions, unexplained erasures, alterations, or irregularities of any kind may be rejected by the County.

Bid documents and forms shall be submitted sealed, and the envelope/package clearly marked with the Bid Number and the Name and Business Address of the individual or firm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened, with explanation.

Bid Guarantee: Each bid must be accompanied by a bid bond or cashier's check in the amount not less than five percent (5%) of the total amount of the bid as a guarantee that the bidder will not withdraw his bid for a period of 60 days after scheduled opening of bids. Cashier's Checks (as bid bond) will be returned to all bidders after award of bid.

IB-05 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or 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.

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IB-06 BID TABULATIONS: In accordance with Florida Statues, Section 119(1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Those bidders interested in receiving a copy of the results of this bid once they are released may do so by visiting our website at https://purchasingbids.charlottecountyfl.gov under “Purchasing Bids Online”, Document Number 264114. No information regarding the submittal will be divulged over the telephone.

IB-07 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregularities and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole response received the first submission date may be rejected by the County depending on available competition and timely needs of the County.

IB-08 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package furnished by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder's submitted Bid Form and the County's bid package when a purchase order, signed by the Senior Division Manager - Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bidder. Failure to comply with the conditions set forth in the purchase order shall be deemed a breach of contract subjecting the Bidder to forfeiture of the bid bond or other posted security and other possible penalties.

IB-09 PERFORMANCE/PAYMENT BOND: If awarded the contract, the Contractor shall furnish a Performance and Payment Bond bound to “Charlotte County” to the Purchasing Division within 14 calendar days after notification of award. In addition, the Contractor shall be responsible and bear all costs associated to record Performance and Payment Bond with the Charlotte County Clerk of the Circuit Court. Receipt of said recording shall be furnished to the Purchasing Division.

The failure of the successful bidder to execute such agreement within fourteen (14) days after award of the contract, or with such extended period as the County may grant, shall constitute a default. The bidder shall then forfeit to the County a full amount of the Bid Guarantee.

IB-10 NOTICE TO PROCEED/DELIVERY: A pre-construction conference will be called, at which time a starting date will be determined. A Notice to Proceed, or Purchase Order, shall be issued bearing the agreed-upon date. No work under the Contract shall commence until after the Notice to Proceed/Purchase Order has been issued and signed by the awarded Contractor.

IB-11 PAYMENT: Request for payment must be submitted to the Charlotte County Purchasing Division on a form approved by the County. All invoices will be paid in accordance with the Local Government Prompt Payment Act, Section 218.74 F.S.

IB-12 PERFORMANCE EVALUATION: At the end of the Contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record.

IB-13 ARITHMETIC DISCREPANCIES: For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bid forms as submitted by bidders:

A. Obviously misplaced decimal points will be corrected.

B. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent errors in extension will be corrected.

C. Apparent errors in addition of lump sum and extended prices will be corrected.

For the purpose of bid evaluation, the County will proceed on the assumption that the bidder intends his bid be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the tabulation of bids.

IB-14 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in work covered by the contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process by trade name, make or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition.

If the bidder wishes to make substitution to the specifications, he/she shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County.

Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html https://purchasingbids.charlottecountyfl.gov/

6 BID No. 20260411

IB-15 QUALITY GUARANTEE: If any product delivered does not meet applicable specifications, or if the product will not produce the effect that the supplier represents to the County, the supplier shall pick up the product from the County at no expense to the County. Also, the supplier shall refund to Charlotte County any money that has been paid for same. The supplier will be responsible for reasonable County attorney fees expended to obtain compliance with this provision in the event the supplier defaults under this provision.

IB-16 RELEASE OF LIENS: The Contractor is required to pay all money due subcontractors and material dealers promptly. The Contractor shall submit releases of liens, satisfactory to the County, certifying that all payrolls, material bills, and other indebtedness incurred by the Contractor in connection with this project have been paid in full.

IB-17 REGULATIONS/APPLICABLE LAWS: It shall be the responsibility of each Contractor to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply.

Bidder must be authorized to transact business and be properly licensed in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting contract.

IB-18 CODE OF ETHICS: With respect to this bid, if any bidder violates or is a party to a violation of the State of Florida/Florida Statutes, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County.

IB-19 COLLUSION: By offering a submission to this invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection with this bid:

• any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor;

• any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor;

• no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition;

• the only person or persons interested in this bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into; and

• no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business.

IB-20 SUBCONTRACTORS: Bidders are to complete the attached Subcontractors form. This form must be completed and included with the bid form. If bidder does not have a subcontractor, insert "to be determined". When source or subcontractor is determined, selection will be subject to County approval.

IB-21 DRUG FREE WORKPLACE FORM: It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with bid form. In the event of a tie bid, the presence of a valid and accurate form may be used as a basis for awarding the Contract.

IB-22 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods/services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list".

7 BID No. 20260411

IB-23 CANCELLATION/TERMINATION OF CONTRACT: The County shall have the right to cancel, terminate or suspend the contract, in whole or in part, by providing the Contractor thirty (30) days written notice by certified mail.

It is expressly understood by the County and the Contractor that funding for any successive fiscal years is contingent upon appropriation of monies by the Board of County Commissioners. In the event that funds are not available or not appropriated, the County reserves the right to terminate the Contract. The County will be responsible for any outstanding invoices prior to the termination.

If the Contractor refuses or fails to complete the work within the time specified for this Contract, or any extension thereof, the County may terminate the Contractor's right to proceed. In such event, the County may take over the work and prosecute the same to completion by Contract or otherwise, and the Contractor will be liable for any excess cost occasioned by the County. The County may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary, therefore.

If the Contractor should be adjudged bankrupt, or should make a general assignment for the benefit of his creditors, or if a receiver should be appointed due to insolvency, or if he should refuse or fail, except in cases which time extension is provided, to supply enough workmen, or if he should fail to make payment to Subcontractors for labor and/or material, or disregard laws, ordinances or the instructions of the County, or be guilty of a violation of a provision of the Contract, then the County, may without prejudice to any other right or remedy and after giving seven (7) days written notice, terminate employment of the Contractor and possess materials, tools, and appliances thereon and finish work by methods it may deem expedient. Expenses incurred by the County and the damage incurred through Contractor's default, shall be certified by the County.

In the event of termination, the Contractor shall be entitled to compensation for services rendered and costs incurred through the effective date of termination. All finished or unfinished documents, materials, or work shall become the property of the County and shall be delivered to the County without reservation.

Pursuant to Section 287.135(3)(a)4 of the Florida Statutes, Charlotte County may, at its sole option, terminate any Agreement valued at $1,000,000 or more if the Contractor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria or a boycott of Israel.

Pursuant to Section 287.135(3)(b) of the Florida Statutes, Charlotte County may, at its sole option, terminate any Agreement in any amount if the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel.

IB-24 TAXES: Contractor shall assume liability for Local, State, or Federal Tax that is applicable to the work.

IB-25 ASSIGNMENT: This agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Contractor without the prior written consent of the County.

IB-26 EQUAL EMPLOYMENT OPPORTUNITY: Charlotte County, Florida, in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award.

All bidders are hereby notified that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that:

• No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, activity or service funded through the contract.

• Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

• Contractor will, in all solicitations or advertisements regarding program activities, services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status.

8 BID No. 20260411

• County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws.

It is expressly understood that County shall have the right to terminate the contract upon receipt of evidence of discrimination.

IB-27 RETAINAGE: As the construction work progresses, each month the Contractor will be paid the total value of the work completed and accepted during the preceding month, less five percent (5%) retainage, unless the County has grounds for withholding the payment of retainage pursuant to Section 255.05, Florida Statutes. For the purpose of preparing a monthly estimate, the County's computations and records will be used to determine the value of all work completed and accepted as of the 25th day of each calendar month. That estimate, less retainage, less previous charges, will be paid to the Contractor. Payment will be rendered in conformance with the Local Government Prompt Payment Act, Section 218.74, Florida Statutes. Such payment shall include compensation for all labor, materials, equipment and all other incidental items necessary to perform the work.

IB-28 UNAUTHORIZED ALIEN WORKERS: Charlotte County will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contains in 8 U.S.C. Section 1324a [Section 274A of the Immigration and Nationality Act (“INA”)]. The County shall consider employment by any Contractor of unauthorized aliens a violation of Section 274A of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A of the INA shall be grounds for termination of this Agreement by the County. In addition, pursuant to Section 448.095 of the Florida Statutes, all persons or firms entering into contracts with Charlotte County are required to register with, and use, the E-Verify system of the U.S. Department of Homeland Security to electronically verify the employment eligibility of all newly hired employees. The County may terminate this Agreement for failure on the part of the Contractor to use E- Verify. Contract termination for failure to use E-Verify is not considered a breach of contract pursuant to s. 448.095(2)(c)3, Fla. Stat.

IB-29 EMPLOYEE BACKGROUND CHECK: If an owner, except a stockholder in a publicly traded corporation, or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender’s or predator’s work on the project is consistent with the terms of his probation and registry requirements.

IB-30 PUBLIC RECORDS CLAUSE TO CONTRACTORS “ACTING ON BEHALF OF THE COUNTY”: Pursuant to Section

119.0701 of the Florida Statutes, Contractors acting on behalf of the County must comply with the public records laws, specifically:

a) keep and maintain public records required by the County to perform the contracted services; b) upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract; and d) upon completion of the contract, keep and maintain all public records required by the County to perform the service, and meet all applicable requirements for retaining public records.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO RETAIN AND PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY’S

CUSTODIAN OF PUBLIC RECORDS AT (941) 743-1441, E-MAIL TO

RECORDS@CHARLOTTECOUNTYFL.GOV, 18500 MURDOCK CIRCLE, BLDG. B, Suite

109, PORT CHARLOTTE, FLORIDA 33948.

IB-31 SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS: Charlotte County will not request documentation of, or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor. Charlotte County does not give preference to vendors based on social, political, or ideological interests.

IB-32 IRON AND STEEL (New section in FS 255.0993, effective, July 1, 2024). Charlotte County requires that iron or steel product permanently incorporated in certain public works projects be produced in the United States. See § 255.0993, Fla. Stat. (2024).

Contractor must carefully review the technical specifications to determine whether and how this requirement applies to this project and prepare its bid accordingly. Contractor’s failure to account for this requirement in its bid will not justify a later change to the Contract Price.

All iron or steel products included in this order must be produced in the United States, which means that all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives. See § 255.0993, Fla. Stat. (2024).

9 BID No. 20260411

GENERAL PROVISIONS

GP-01 INTENT

A. Intent of Contract: Bid Forms shall set forth firm bid unit prices for furnishing all necessary materials and completing all work, including labor, transportation, supervision, equipment, and traffic control incidental to the Project, as described in the Specifications and/or shown on the Plans attached herewith. The County reserves the right to establish the exact limits of work in the field and to add to or delete from the Project as it deems necessary.

B. Provisions:

1. The successful bidder for the Contract will be referred to as the Contractor; the Board of County Commissioners of Charlotte County, Florida, Director of the applicable County Department or his/her duly authorized representative, acting on behalf of the County will be referred to as County. For the purposes of the Contract, the word "Project" shall mean the construction limits of MID-COUNTY TRANSFER STATION WALL.

2. The Contract Documents consist of the Request for Bids and all Addenda, Instructions to Bidders, Technical Specifications & Conditions, Special Provisions, General Provisions, Insurance Requirements, Safety and Health Requirements, Permits, Maintenance of Traffic Policy (MOT), Plans and all other related documents, including all modifications thereof incorporated in the Documents before their execution. These form the Contract.

3. The County and the Contractor are those mentioned as such in this Project. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender.

4. Where required, written notice shall be deemed to have been duly served when delivered to the other party if delivered by hand; three (3) calendar days after the date of posting if sent by regular U.S. mail; upon receipt by the sender of an acknowledgement or transmission report if delivered by facsimile; or upon receipt by the sender of an automated message confirming delivery, or thirty (30) minutes after the time sent unless the sender receives and automated message that the email has not been sent, if delivered by email.

5. The term subcontractor, as employed herein, includes only those having a direct Contract with the Contractor and it includes one who furnishes material worked to a special design according to the Plans and Specifications of this work, but does not include one who merely furnishes materials not so worked.

6. The term "work" as it pertains to the contract shall include all supplies, materials and transportation, as well as all equipment and labor necessary to complete each pay item as described in the Technical Specifications of this contract.

7. All time limits stated in the Contract Documents are of essence to the Contract.

C. Quality of Work: The Contractor agrees to do the work covered under the Contract, conforming to the Contract, Technical Specifications & Conditions, and in a quality acceptable to the trades. The Contractor further agrees to follow proper and appropriate instructions by the County.

D. Maintenance of Traffic: The Contractor shall not work within the County’s Rights-of-Way or on any County property accessible to the public without a County-approved Maintenance of Traffic (MOT) plan. The Contractor shall submit and obtain County approval of a MOT plan that meets all the requirements of the Charlotte County Maintenance of Traffic Policy, a copy of which is attached, at least seven (7) calendar days before the commencement of any such activities.

E. Time of Completion: The Contractor shall complete the work within the time set forth in the Contract. The Contractor shall complete each portion of the work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in calendar days.

A working day is any day within the period between the start of the Contract time and the date provided in the Contract for completion or upon field acceptance by the County of all work provided for in the Contract, or as stipulated in the Technical Specifications & Conditions, whichever comes first, other than:

1. Saturday;

2. Sunday;

3. Any day designated as a holiday by the County; or

4. Any day the Contractor is prevented from working during the first five (5) hours of the workday, with at least 60 percent of the normal work force, due to inclement weather.

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All work for this Project shall be performed during normal business hours. A working day shall be considered to be a maximum of ten (10) hours in duration. Any time the Contractor desires to work in excess of ten (10) hours per day, on weekends or on County-designated holidays, the Contractor shall submit a written request to the County at least three (3) working days in advance. The Contractor may not work in excess of ten (10) hours per day, on weekends or County-designated holidays unless such request has been approved in advance in writing by the County. By making such a request, the Contractor agrees that the cost for inspection(s) for work performed during the weekend, holiday or in excess of ten (10) hours in any given day will be paid by the Contractor at the prevailing wage rate plus overhead. The exception would be for any work required by the Contractor to protect the public caused by actions not under the control of the Contractor and requested by the County.

No extension of contract time will be granted for any weekend or County-designated holiday.

GP-02 PROSECUTION AND PROGRESS

A. Subletting or Assigning of Contracts: The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein, without written consent of the County.

B. Pre-construction Conference: After the Contract has been awarded, the County will call a pre-construction conference to be held before any work is begun to review the construction aspects of the Project. The meeting will be between the County, the Contractor, and the various utility companies which will be affected by the construction.

Project Schedule: Submission of Working Schedule/Order of Completion – At the Pre-Construction Conference, the Contractor shall submit a complete Critical Path Method (CPM) Project Schedule showing the Project through completion. This shall include the sequencing of all work items showing:

- Work Task (each phase if phased);

- Coordination with Utilities;

- Utility Adjustments;

- Required County submissions;

- Obtaining Permits; and

- Compliance with Permit Requirements.

Each of the above items shall include:

- Duration;

- Early start;

- Late start;

- Float time;

- Predecessors & Successors; and

- Highlighted Critical Path for the entire Project from start to finish.

An updated CPM Schedule acceptable to the County shall be submitted seven (7) calendar days before each monthly pay request. The updated CPM Schedule must show actual construction progress, actual start/completion dates for work items, any changes necessary to show completion of the Project within the contract time limits, current start/completion dates for work items not yet completed, and a highlighted critical path for the completion of the remainder of the Project. The updated CPM Schedule must be accepted by the County before the monthly pay request will be approved.

C. Provisions for Convenience of Public: The Contractor shall schedule his operations so as to minimize any inconvenience to adjacent businesses or residences. Where necessary, the County may require the Contractor to construct first the work in any areas along the Project where restrictions caused by construction operations would present a more serious handicap, before beginning construction in the less affected areas.

GP-03 CONTROL OF THE WORK AND MATERIALS

A. Plans and Contract Documents – The Contractor will be furnished up to four (4) copies of the Plans, Technical Specifications, General and Special Provisions as required for the Project. The Contractor shall have available on the job site at all times copies of the Plans (including relevant Design Standards), Technical Specifications, General and Special Provisions available to the County and/or its representatives.

B. Detail Drawings and Instructions – The County may furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom.

C. Order of Precedence – These documents are integral parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.

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In cases of discrepancy, the governing order of the documents shall be as follows:

1. Permits from Agencies as required by law;

2. Change Orders;

3. Contract Documents including Addenda but excluding Construction Plans;

4. Construction Plans;

a. Dimensions given in figures govern over scaled dimensions;

b. Detail drawings govern over general drawings;

c. Addenda/Change Order drawings govern over Contract drawings.

D. Conformity of Work with Plans – All work performed, and all materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Technical Specifications or Special Provisions.

E. Authority of the County – All work shall be done under the supervision of the County and performed to its satisfaction. It is agreed by the parties hereto that the County shall decide all questions and disputes which may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract.

F. County's Status – The County shall examine and inspect the work to assure compliance with the requirements of these Contract Documents. The County shall determine the quality and acceptability of materials and workmanship relative to the requirements of the Plans and Technical Specifications. In instances where the Contractor is not in compliance with the requirements of the Contract or when the quality and materials are not acceptable to the County, then the County has the authority as follows:

1. to stop the work whenever such stoppage may be necessary to ensure the proper execution of the Contract;

2. to reject all work which does not conform to the Contract or when materials of shop drawings have not been approved prior to placement;

3. to resolve questions which arise in the execution of the work; and

4. to stop work whenever such stoppage may be necessary to ensure the safety of personnel and/or the public.

No additional time or compensation will be added to the Contract when stopping work for the above listed reasons.

The County and his representative shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the Technical Specifications & Conditions, the County's instruction, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the County timely notice of its readiness for inspection and, if the inspection is by an authority other than the County, the date fixed for such inspection. Inspections by the County shall be promptly made and, where practicable, at the source of supply.

The County's Inspectors shall be authorized to inspect all work done and all materials furnished. They shall be authorized to call to the attention of the Contractor any failure of the work or materials to conform to the Technical Specifications & Conditions and Contract, and shall have the authority to reject materials or suspend the work until any questions at issue can be referred to and resolved by the County. The presence of the Inspector shall in no way lessen the responsibility of the Contractor.

If any work should be covered up without approval or consent of the County, it must, if required by the County, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered, and the work must be uncovered by the Contractor.

G. Suspension of Work – The County shall have the right to suspend all or any portion of the work upon giving the Contractor not less than two (2) calendar days’ prior written notice of such suspension. If all or any portion of the work is so suspended, the Contractor’s sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the contract documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds ninety (90) calendar days, the Contractor shall have the right to terminate the Agreement with respect to that portion of the work which is subject to the ordered suspension.

H. The County's Right to do Work – If the Contractor should neglect to prosecute the work properly or fail to perform in accordance with provisions of the Contract, the County, after three (3) days written notice, may without prejudice to any other remedy it may have, make good any deficiencies and deduct the cost from the payment due the Contractor.

I. County's Decision – The County shall, within a reasonable time after their presentation, make decisions in writing on claims by the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents.

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J. Contractor's Supervision and Employees – The Contractor shall supervise, inspect, and direct the work completely and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents.

Unless otherwise identified in the Contract documents, the Contractor shall be solely responsible for the means, methods, techniques, sequence, and procedures necessary for the orderly progress of the work, and to maintain all safety precautions and programs incidental thereto. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ any unfit person or anyone unskilled in the work assigned to him. The Contractor shall be responsible to see that the completed work complies fully with the Contract Documents.

As the work progresses, the Contractor shall keep on the job at all times an English-speaking Superintendent or designee, technically qualified, who is an employee of the Contractor and who shall not be replaced without written notice and approval from the County. The Superintendent will be the Contractor's representative on the job and shall have authority to act on behalf of the Contractor. The Superintendent or his qualified designee shall be present at the job site and direct the work of sub-contractors, as well as employees of the Contractor. This supervisor will be equipped with a communication device enabling him/her to contact suppliers, sub-contractors or his/her office who in turn can convey necessary communications to others. All communications given to the Superintendent shall be as binding as if given to the Contractor. The Contractor shall issue all communications to the County or his representative.

The Contractor's Superintendent shall be present on the job site at all times while work is in progress, and shall be available by phone for emergencies twenty-four (24) hours per day, seven (7) days per week. Failure to observe this requirement shall be considered suspension of the work by the Contractor until such time as such Superintendent is again present on the job.

K. Daily Reports – Unless waived in writing by the County, the Contractor shall complete and submit to the County on a weekly basis a daily log of the Contractor’s work for the preceding week in a format approved by the Engineer and the County. The daily log shall document all activities of the Contractor at the Project site including, but not limited to, the following:

- Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the work;

- Soil, rock, subsurface or other conditions which adversely affect the work;

- The hours of operation by Contractor’s and any subcontractor’s personnel;

- The number of Contractor’s and subcontractor’s personnel present and working at the Project site, by subcontractor and trade;

- All equipment and vehicles present at the Project site, description of equipment and vehicle use and designation of time the equipment and vehicles were used (specifically indicating any down time);

- Description of work being performed at the Project site;

- Any unusual or special occurrences at the Project site;

- Materials received at the Project site;

- A list of all visitors to the Project site; and

- Any problems that might impact either the cost or quality of the work or the time of performance.

The daily log shall not constitute nor take the place of any notice required to be given by the Contractor to the County or Engineer pursuant to other sections of the Contract documents.

L. Contractor's Understanding – It is understood and agreed that the Contractor has, by careful examination and prior to submitting a bid, satisfied himself as to the nature and location of the work; the conformation of the ground and subsurface; the character, quality, and quantity of the materials to be encountered; the character and quantity of equipment, vehicles and facilities needed prior to and during prosecution of the work; the general and local conditions including environmental and climatic conditions;

and other matters which can affect the work under the Contract, and that the same are in conformance with the Bid documents. If an underground facility or differing site condition is uncovered or revealed at or contiguous to the site, which was not shown or indicated and of which the Contractor could not reasonably have been expected to be aware, the Contractor shall promptly, before performing any work (excepting in emergencies), identify the owner of such underground facility and give written notice thereof to that owner and to the County. The County will review the underground facility or differing condition to determine the extent to which the Documents should be modified. With County approval, the Contract Documents will be amended or supplemented to the extent necessary and the Contractor shall be allowed an increase or an extension of time, or both, to the extent that they are attributable.

During such review, the Contractor shall be responsible for the safety and protection of such underground facility. Any work done after such discovery without specific authorization by the County will be done at the Contractor’s risk. Failure of the Contractor to fully examine and acquaint itself with any and all applicable conditions shall not relieve the Contractor from any of its responsibilities to perform under the Contract documents. Failure to report differing site conditions to the County prior to beginning work, or undertaking additional activities without proper authorization of the County, shall not be considered the basis for any claim for additional time or compensation due to differing or unexpected site conditions or errors in the bid documents. No verbal agreement

13 BID No. 20260411 or conversation with any officer, agent, or employee of the County, either before or after execution of the Contract, shall affect or modify the terms or obligations herein contained.

M. Permits and Regulations – Permits and licenses necessary for the…