PCB26-38R ITB – RANDY ROAD DRAINAGE IMPROVEMENTS

INVITATION TO BID

PCB26-38R RANDY ROAD DRAINAGE

IMPROVEMENT PROJECT

CITY OF PANAMA CITY BEACH

17007 PANAMA CITY BEACH PARKWAY

PANAMA CITY BEACH, FLORIDA 32413

Date of Issue: June 19, 2026 Responses Due: July 20, 2026

TABLE OF CONTENTS

CONTRACT DOCUMENTS

SECTION TITLE PAGES

00010 Advertisement for Bids 1 - 2 00020 Information for Bidders 1 - 3 00030 Bid Proposal Form & Bid Schedule 1 - 5 00040 Bid Bond 1 - 2 00050 Agreement 1 - 11 00060 Performance Bond 1 - 6 00070 Payment Bond 1 - 6 00080 Notice of Award 1 - 2 00090 Notice to Proceed 1 00091 Certificate of Substantial Completion 1 - 2 00092 Contractor/Subcontractor/Vendor Warranty Form 1 00095 Required Documents 00097 Insurance Requirements 00099 City Terms and Conditions for Bidding 00100 City Standard Terms and Conditions for Construction 00800 City Supplemental Conditions 00808 Sales Tax Addendum

ATTACHMENT 1

TECHNICAL SPECIFICATIONS – VOLKERT, INC.

APPENDICES

Appendix A – Contract Change Order Form Appendix B – Pay Request Form Appendix C – Payment Application Affidavit, Certification, and Release Appendix D - Addenda (not included until conformed set is issued after award) Appendix E – Civil Construction Plans Appendix F – Stormwater Permit Exemption

END OF TABLE OF CONTENTS

Advertisement For Bids 00010-1

SECTION 00010

ADVERTISEMENT FOR BIDS

RANDY ROAD DRAINAGE IMPROVEMENTS

This project includes the construction of the Randy Road Drainage Improvements located in Panama City Beach, Florida. This project shall consist of stormwater, utility, minor earthwork, and roadway improvements. The project area is located on Randy Road and Burnham Road. The Contractor shall provide all materials, equipment, and labor to complete the project.

The bid must conform to Section 287-133(3) Florida Statues, with respect to Public entity Crimes.

A mandatory Pre-Bid meeting will be held June 25, 2026, at 2:30 PM CDT, in the Panama City Beach Council Chambers, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413. Virtual participation option will not be offered.

BIDS must be received by City of Panama City Beach (herein called the "OWNER"), at City of Panama City Beach, City Hall 17007 Panama City Beach Parkway, Panama City Beach, FL.

32413 no later than 10:00 AM CDT, July 20, 2026, then opened and read publicly promptly thereafter.

Bid documents may be downloaded online at www.demandstar.com and on the City’s website at https://www.pcbfl.gov/Bids.aspx starting on June 19, 2026.

• Electronic Bids will only be accepted when submitted through DemandStar’s Bid portal.

Emailed submissions will not be accepted.

• Alternately, one original and one copy along with a flash drive may be delivered to the City Hall Office at the address below. Any sealed Bid submitted on paper must identify and clearly mark the Bid # PCB26-38R RANDY ROAD DRAINAGE IMPROVEMENTS on the package. Receipt of a Bid by any Panama City Beach Office, receptionist, or personnel other than the City Hall’s front desk does not constitute “receipt” as required by this solicitation. The time received at City Hall shall be conclusive as to the timeliness of receipt.

All paper Bids shall be sealed and delivered or mailed to:

City of Panama City Beach City Hall ATTN: Purchasing Manager

17007 Panama City Beach Parkway Panama City Beach, FL 32413

Each BID must be submitted electronically through DemandStar, mailed or hand-delivered to City Hall in a sealed envelope addressed to City of Panama City Beach, 17007 Panama City Beach Parkway, Panama City Beach, Florida 32413. Each sealed envelope containing a BID must be plainly marked on the outside as “SEALED BID PCB26-38R RANDY ROAD DRAINAGE

IMPROVEMENTS”

A Bid Bond in the amount of 5% of the total amount of the Bid shall accompany the Bid. The City of Panama City Beach (“City”) reserves the right to reject any and all Bids. All Bids shall be firm (including all labor and material prices) for a period of 45 days after opening.

http://www.demandstar.com/ https://www.pcbfl.gov/Bids.aspx

Advertisement For Bids 00010-2

Each bidder must comply with all applicable state and local laws concerning licensing, registration, and regulations of contractors doing business in Florida.

The PRIME CONTRACTOR or SUBCONTRACTOR(S) shall be qualified in, under Rule Chapter 14-22, Florida Administrative Code, the following major classes of work:

1. Drainage

2. Flexible Paving

3. Grading

4. Grassing, Seeding, and Sodding

5. Hot Plant-Mixed Bituminous Courses

6. Pavement Markings

7. Roadway Signing

BIDDERS shall provide proof of the required Florida Department of Transportation Pre- Qualifications with their BID.

BIDDERS must submit all questions, if any, in writing by 12:00 PM CDT, NOON on July 7, 2026.

If necessary, questions will be answered as ADDENDA and will be issued to the Contract Documents and posted on the City’s website. It is the sole responsibility of the bidder to determine if any addenda have been issued.

Any and all questions regarding the Bidding documents shall be directed to City of Panama City Beach Purchasing Manager: Carrie Jagers via email: purchasing@pcbfl.gov. Contact with any other City official or City employees for the purpose of inquiries regarding this bid or the meaning or interpretation of these specifications shall be grounds for disqualification.

The City shall award the Contract to the lowest responsive and responsible bidder; provided, however, the City reserves the right to award the Contract to a Bidder who is not the lowest responsive and responsible bidder if the City determines in its reasonable discretion that another Bid offers the City a better value based upon the reliability, quality of service, or product of such other Bidder.

For more information on the City’s procurement policies, please visit the City’s website at www.pcbfl.gov. Click on How To Do Business with the City tab.

The City utilizes NextRequest for the processing of Public Records Requests. To make a public record request for prior bid documents, bid tabulations, contracts, etc., please visit https://pcbfl.nextrequest.com/ and click on Make Request. Complete the online form and choose the Bids/Procurement Department.

[END OF SECTION]

mailto:purchasing@pcbfl.gov http://www.pcbfl.gov/ https://pcbfl.nextrequest.com/

Information For Bidders 00020-1

SECTION 00020

INFORMATION FOR BIDDERS

BIDS will be received by City of Panama City Beach City Hall (herein called the "OWNER"), at 17007 Panama City Beach, Panama City Beach, Florida 32413 until 10:00 AM CDT, July 20, 2026, then opened and read publicly promptly thereafter.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted.

One original BID form and an electronic version on a USB drive are required for paper responses.

SOLICITATION TIMELINE:

A complete BID response shall consist of the following completed documents:

1. An executed Bid Proposal Form – Section 00030

2. The required Bid Bond – Section 00040

3. Sub-Contracting Listing Form

4. Affidavit of Compliance

5. W-9

6. Acknowledgement of Insurance Requirements

7. Copies of all Addenda signed by Bidder evidencing receipt

8. FDOT Pre-Qualification Letter for Required Work Classes

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn by the BIDDER prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered, no exceptions. No BIDDER may withdraw a BID within 45 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the apparent successful BIDDER.

EVENT TIME DATE

Solicitation Release Date XXX June 19, 2026

Mandatory Pre-Bid Meeting 2:30PM CDT June 25, 2026

Questions from Bidders to warrant a response/Addendum 12:00PM CDT July 7, 2026

Final Addendum Release Date By 4:00PM CDT July 13, 2026

Bids Received By – Deadline & Opening 10:00AM CDT July 20, 2026

Estimated City Council Review & Action 9:00AM CDT August 11, 2026

Estimated Notice of Award Date XXX August 12 - 14, Information For Bidders 00020-2

This is a Lump Sum Contract. BIDDERS must satisfy themselves of the accuracy of any estimated quantities in the BID Schedules or Contract Documents by examination of the site and a review of the drawings and specifications including any ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The CONTRACTOR shall visit the entire site before submitting a BID.

CONTRACTOR may subcontract for work identified in this solicitation. The CONTRACTOR will be the prime service provider and shall be responsible for all WORK performed and contract deliverables. The CONTRACTOR’S workforce shall be responsible for at least 40% of the WORK being performed and provide an on-site full-time job supervisor to manage the day to day job site, and SUBCONTRACTORS. Proposed use of subcontractors should be included in the response to this solicitation.

The OWNER shall provide to BIDDERS prior to BIDDING, information which is pertinent to, and delineates and describes, the land upon which the WORK is to be performed, including its ownership and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for construction of the WORK.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the successful BIDDER or relieve the successful BIDDER from fulfilling all of their obligations under the contract.

No Bid shall be considered or accepted unless at the time the Bid is submitted to OWNER the same shall be accompanied by a cashier’s check, a cash bond posted with the City Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to Owner the unaltered Agreement or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond.

As soon as the BID prices have been compared, the OWNER will return the BID DEPOSITS (if requested) of all except the three lowest responsive and responsible (or best value as hereafter provided) BIDDERS. When the required Agreement has been executed by the successful BIDDER and delivered to OWNER, together with the required Certificate(s) of Insurance, Performance Bond and Payment Bond, the BID DEPOSITS of the successful BIDDER and two remaining unsuccessful BIDDERS will be returned (if requested).

A PERFORMANCE BOND and a PAYMENT BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract.

Attorneys-in-fact who sign BID BONDS or PAYMENT BONDS and PERFORMANCE BONDS must file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to obtain the required insurance, PAYMENT BOND and PERFORMANCE BOND, execute the AGREEMENT and deliver to OWNER said executed AGREEMENT together with the required Certificate of Insurance and the

Information For Bidders 00020-3

PERFORMANCE BOND and PAYMENT BOND, within ten (10) calendar days after the date the NOTICE OF AWARD is delivered to the BIDDER. In case of failure of the successful BIDDER to execute and deliver to OWNER, within said ten (10) day period the required AGREEMENT, together with the required Certificates of Insurance, PERFORMANCE BOND and PAYMENT BOND, the OWNER may consider the BIDDER in default, in which case the entire amount of the BID DEPOSIT accompanying the BID shall be paid to the OWNER. The BID DEPOSIT shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificate(s) of Insurance, all within ten (10) calendar days after receipt of the Notice of Award.

BIDDER acknowledges and agrees that unless and until the OWNER executes the AGREEMENT and returns the executed copy to the BIDDER, no contract or agreement between the OWNER and BIDDER shall exist. Should the OWNER not execute the AGREEMENT, the BIDDER shall provide OWNER an additional seven days written notice of BIDDER’S intent to withdraw its signed copy of the AGREEMENT. If OWNER fails to execute the AGREEMENT within seven days, the AGREEMENT shall be deemed withdrawn and BIDDER shall be released from its BID as of the date of the written notice.

A conditional or qualified BID may be rejected by OWNER. The OWNER shall award the Contract to the lowest responsive and responsible BIDDER as determined by OWNER; provided, however, OWNER reserves the right to award the Contract to a BIDDER who is not the lowest responsive and responsible BIDDER if OWNER determines in its reasonable discretion that another BID offers OWNER a better value based upon the reliability, quality of service, or product of such other BIDDER. In the event OWNER awards the Contract to a BIDDER other than the lowest responsive and responsible BIDDER, OWNER shall state the basis upon which the award is being made.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the WORK shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the AGREEMENT, PLANS, SPECIFICATIONS, and other CONTRACT DOCUMENTS, prior to submitting their BID. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.

Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the Standard Terms and Conditions or any Supplemental Conditions.

The successful BIDDER of each contract shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER.

If applicable to this BID, Each BIDDER shall provide a separate line item in their BID identifying the cost of compliance with the applicable trench safety standards set forth in the Trench Safety Act.

[END OF INFORMATION FOR BIDDERS]

PCB26-38 ITB – RANDY ROAD DRAINAGE IMPROVEMENTS

BID PROPOSAL FORM 00030-1

SECTION 00030

BID PROPOSAL FORM

REVISED – ADDENDUM 2

This proposal of _____________________________ (hereinafter called "BIDDER"), organized and existing under the laws of the State of __________, doing business as

_________________________________(a corporation, a partnership or an individual), whose

Florida contractor’s license number is _____________ is hereby submitted to the CITY OF

PANAMA CITY BEACH (hereinafter called "OWNER").

In compliance with the requirements of the Advertisement for Bids, BIDDER hereby proposes to perform all WORK for RANDY ROAD DRAINAGE IMPROVEMENTS in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under the CONTRACT DOCUMENTS within ten (10) calendar days after the NOTICE TO PROCEED to be issued by Owner in writing and achieve Substantial Completion of the WORK within 130 consecutive calendar days thereafter. Final Completion of the WORK shall be achieved by BIDDER within the calendar days specified in the General Conditions after the date of Substantial Completion.

BIDDER further agrees to pay as liquidated damages, the sum of $1,694.00 for each consecutive calendar day that expires after the Contract Time until Substantial Completion of the WORK is achieved.

BIDDER may sublet portions of the Work only with the City’s prior written consent. The

Contractor shall perform, with its own organization, Work amounting to not less than forty percent

(40%) of the Total Contract Amount, excluding items designated in the Contract Documents as

Specialty Work. “Own organization” and the calculation of self-performed work shall be interpreted consistently with FDOT Standard Specifications Section 8-1, unless expressly modified herein.

The Bidder shall submit with its Bid a Self-Performance and Subcontracting Schedule identifying the bid items, estimated dollar values, and portions of the Work to be self-performed and

Bid Proposal Form 00030-2 subcontracted. Failure to demonstrate compliance with this requirement is material non-responsiveness.

BIDDER acknowledges receipt of the following ADDENDUM:

Addendum No. ____________________

Addendum No. ____________________

Addendum No. ____________________

BASE BID

BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following total price of: _______________________________.

The BIDDER proposes and agrees, if this Proposal is accepted, to contract with the

OWNER in the required form of the Agreement, Section 00050, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the WORK in full and in accordance with the CONTRACT DOCUMENTS.

The BIDDER submits the following schedule of values to show the breakdown of its lump sum bid. This schedule of values will be relied upon by OWNER for any proposed change orders.

However, in the event of any conflict between the schedule of values and lump sum bid for purposes of contract award, the lump sum amount will control.

[SCHEDULE OF VALUES BEGINS ON NEXT PAGE AND MUST

BE COMPLETED BY ALL BIDDERS]

BID PROPOSAL FORM 00030-3

RANDY ROAD DRAINAGE IMPROVEMENTS - BID FORM

ITEM NUMBER ITEM DESCRIPTION QUANTITY UNIT Unit Bid ($) Bid ($) NOTES

PLANS CONTRACTOR

1 CLEARING AND GRUBBING 0.32 ACRE INC. DRIVEWAY REMOVAL, INC. REMOVE AND RELOCATE SIGNS

AND MAILBOXES

2 CONC. REMOVAL 106 SQ. YD.

3 SILT FENCE 682.6 LF

4 2" TH. ASPHALT PAVEMENT - TYPE SP 12.5 (IN TACK/PRIME COAT) 1638.2 SQ. YD. INC. MILLING AND ASPHALT REMOVAL AS NEEDED

5 8" GRADED AGGREGATE BASE 207.54 SQ. YD.

6 6" TH. CONC.-4000 PSI FIBER REINFORCED (DRIVEWAYS) 106 SQ. YD.

7 8" PVC PIPE - STORM 8 LF

8 6" PVC PIPE - WATER 172 LF

9 6" PVC PIPE - FORCEMAIN 26 LF

10 4" PVC PIPE - RE-USE 185 LF

11 UTILITY FITTING, ELBOW, 6", WATER 14 EA

12 UTILITY FIXTURE, VALVE, 6", WATER 6 EA INC. TIE-IN SLEEVE

13 UTILITY FITTING, ELBOW, 6", FORCEMAIN 4 EA

14 UTILITY FITTING, ELBOW, 4", RE-USE 16 EA

15 UTILITY FIXTURE, VALVE, 4", RE-USE 6 EA

16 UTILITY FITTING, TEE, 4", RE-USE 1 EA

17 18" RCP STORM PIPE 8 LF

18 24" RCP STORM PIPE 247 LF

19 30" RCP STORM PIPE 38 LF

20 14"x23" ERCP STORM PIPE 404 LF

21 24"X38" ERCP STORM PIPE 223 LF

22 MANHOLES TYPE P-8 <10' 1 EA

23 MANHOLES TYPE P-7 <10' 1 EA

24 TYPE D INLET 12 EA

25 TYPE H INLET 2 EA

26 CONCRETE CLASS II FOR ENDWALLS 2.84 CU. YD. INC. STEEL REINFORCEMENT

27 14"X23" MITERED END SECTION 1 EA

28 SOD 1372 SQ. YD.

29 RIPRAP 94 TN INC. GEOTEXTILE FILTER FABRIC

30 WATER SERVICE ADJUSTMENT 5 EA

31 RE-USE SERVICE ADJUSTMENT 3 EA

32 SANITARY LATERAL ADJUSTMENT 5 EA

33 AIR RELIEF VALVE (REGULAR) - WATER 2 EA

34 AIR RELIEF VALVE (OFFSET) - REUSE 2 EA

35 AIR RELIEF VALVE (OFFSET) - SAN FORCEMAN 1 EA

36 THERMOPLASTIC 24" STRIPE, WHITE 50 EA INC. TEMP. PAINTED MARKINGS

37 TTCP 1 LF

38 BID BOND AND INSURANCE 1 LS

39 MOBILIZATION 1 LS

40 TESTING 1 LS

41 ALL OTHER WORK NOT LISTED 1 LS

IF AN ITEM COST IS LISTED FOR LINE 41, ALL OTHER WORK NOT LISTED; BIDDER SHALL PROVIDE AN ITEMIZED LIST OF DESCRIPTION, UNIT, QUANTITY, ITEM COST, AND TOTAL UNDER SEPARATE SHEET.

SELF-PERFORMING & SUB-CONTRACTOR UTILIZATION

As the BIDDER, we provide the following listing of disciplines for self-performance, in addition to Sub-Contractors which shall be used to accomplish the WORK. Sub-Contractors are listed by name, address, WORK to be performed, and dollar amount of WORK. Utilize additional pages as required.

Self-Performance Work:

Sub-Contract Name and Address:

Work to be performed and Total Dollar Amount:

BID PROPOSAL FORM 00030-4

NOTE:

1. BIDS shall include sales tax and all other applicable taxes and fees. The OWNER may elect to utilize the Sales Tax Exemption Addendum for material at its sole discretion.

2. BIDS shall be on the basis of a LUMP SUM, as noted above, and shall be the total compensation to be paid by OWNER for the complete WORK.

3. Bid unit prices and quantities, shall be applicable for any revisions to the WORK (either additions or omissions). All unit prices are understood to include all associated charges for layout, insurance, taxes, field office and supervision, overhead and profit, bonds and miscellaneous items. Bid unit prices shall be consistent when the same pay item is included in the base bid and add alternate quantities.

5. There are no add alternate items in this bid.

6. The OWNER reserves the right to reject any and all bids received.

7. Failure to insert a bid amount for any item in the Schedule of Values will be considered grounds for the OWNER to determine the BID is non-responsive.

8. By submitting this BID, the BIDDER and the BID BOND surety, are deemed to have stipulated and agreed that any and all claims, demands, actions or suits whatsoever, arising under this BID and/or BID BONDS, shall be subjected to the sole and exclusive jurisdiction and venue 14th Judicial Circuit Court of Bay County, Florida. The BIDDER and BID BOND surety do agree, by submittal of this BID, that the sole and exclusive jurisdiction and venue in said forum is proper and appropriate since performance of the underlying contract to be awarded is to be accomplished within Bay County, Florida.

Bidder’s Certification

BIDDER certifies that it has thoroughly familiarized itself with and inspected the site and has read and is thoroughly familiar with the CONTRACT DOCUMENTS. Additional site investigation, if deemed necessary by the BIDDER, shall be performed prior to BID submittal at the BIDDER’s sole expense. Bidder certifies that the BID submitted is complete and is sufficient for the Bidder to provide a fully operational and working system in accordance with the CONTRACT DOCUMENTS. Furthermore, BIDDER certifies its understanding that neither the OWNER, PROJECT REPRESENTATIVE, nor ENGINEER shall provide any labor, equipment or materials of any kind, which may be required for the performance of the WORK, unless otherwise specifically directed by OWNER. Likewise, BIDDER certifies that it shall provide all equipment, materials, labor and services necessary to complete the WORK in accordance with the CONTRACT DOCUMENTS whether or not such equipment, material, labor, or service is expressly identified. Such occurrences are deemed subsidiary obligations of the contract for which complete compensation is made under the Unit Price. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.

Bid Proposal Form 00030-5

BIDDER:

Name of Business Name of Bidder

Address Phone Number

Email Address

Signature of Authorized Representative

Date

[END OF BID PROPOSAL FORM]

BID BOND Page 1 of 2

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned, ____________________________, as Principal, and _________________________, as

Surety, are hereby held and firmly bound unto the City of Panama City Beach, as OWNER, in the penal sum of ____________________________________________ for the payment of which, will and truly be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of , 20__. The Condition of the above obligation is such that whereas the principal has submitted to the OWNER a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the construction of the RANDY ROAD DRAINAGE IMPROVEMENTS.

NOW THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver the Agreement in the form of contract (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform its obligations created by OWNER’s acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

(c) NOW, THEREFORE, if the OWNER shall accept the BID of the Principal and the

Principal shall execute and deliver to OWNER the required Agreement and within ten days after the date of a written Notice of Award in accordance with the terms of such BID, and within said ten days deliver to OWNER the required Certificates(s) of Insurance, together with the required Performance and Payment Bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the Principal to execute and deliver to OWNER such Agreement or to give such bond or bonds, and deliver to OWNER the required certificates of insurance, if the Principal shall pay to OWNER the fixed penal sum of (5% of total bid) $_ _ noted above as liquidated damages, and not as a penalty, as provided in the Instructions for Bidders, then this obligation shall be null and void, otherwise to remain in full force and effect.

BID BOND Page 2 of 2

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may have to accept said BID; and Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

Surety

By:

IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida.

[END OF BID BOND]

Agreement Page 1 of 11

SECTION 00050

AGREEMENT

THIS AGREEMENT is made by and between THE CITY OF PANAMA CITY BEACH, FLORIDA, (hereinafter called "City") and ____________________________ doing business as a _________ (an individual), or (a partnership), or (a corporation), having a business address of ______________________________ (hereinafter called "CONTRACTOR"), for the performance of the Work (as that terms is defined below) in connection with the construction of the RANDY ROAD DRAINAGE IMPROVEMENTS (“Project”), in accordance with the Scope of Work, as more particularly described Bid number PCB26-38R (“the Bid/Solicitation”). City and CONTRACTOR, for the consideration herein set forth, agree as follows:

PREMISES

1. SCOPE OF WORK

The CONTRACTOR shall furnish, at its sole expense, all supervision, labor, equipment, tools, material, and supplies to properly and efficiently perform all of the work required under the Contract Documents and shall be solely responsible for the payment of all taxes, permits and license fees, labor fringe benefits, insurance and bond premiums, and all other expenses and costs required to complete such work in accordance with this Agreement (collectively the “Work”). CONTRACTOR’S employees and personnel shall be qualified and experienced to perform the portions of the Work to which they have been assigned. CONTRACTOR shall perform all work in a timely and professional manner in accordance with the requirements of the contract documents. CONTRACTOR acknowledges that the City is relying on CONTRACTOR’S representations of its experience and capability to perform such services/goods in accordance with industry standards of care and all contract requirements.

In performing the Work hereunder, CONTRACTOR shall be an independent contractor, maintaining control over and having sole responsibility for CONTRACTOR’S employees and other personnel. Neither CONTRACTOR, nor any of CONTRACTOR’S sub-contractors or sub-subcontractors, if any, nor any of their respective employees or personnel, shall be deemed servants, employees, or agents of OWNER.

2. COMPENSATION

As compensation for the services contemplated herein and performance rendered by the CONTRACTOR of its duties and obligations hereunder, City shall pay CONTRACTOR according to the LUMP SUM PRICE submitted in response to the Bid, upon the successful completion and inspection as the same may be finally determined by the City Manager or his designee(s). The City Manager or his designee may voluntarily divide payment of the bid price into phases depending on milestones of completion.

Unless expressly stated otherwise, all prices are inclusive of all costs of performing the work (including but not limited to labor, materials, equipment use, travel, shipping, overhead, and profit). The City’s obligation to pay is contingent upon appropriation of funds for the applicable fiscal year and the CONTRACTOR’S complete performance of the work (or specified milestones, if any).

Agreement Page 2 of 11

CONTRACTOR is responsible for paying all applicable sales, consumer, use, and other taxes required by law, and such taxes are deemed included in the contract prices unless stated otherwise. CONTRACTOR’S bid pricing is incorporated herein as part of the contract documentation for payment purposes. No additional compensation shall be due for any work or materials that are reasonably inferable from the expressly described scope of work.

3. PAYMENT

Invoicing: CONTRACTOR shall submit invoices to:

If third-party Project Engineer or Project Architect:

Name:

Address:

Email:

If no third-party Project Engineer or Project Architect:

City Employee: Kathy Younce Address: 17005 Panama City Beach Parkway, Panama City Beach, Florida 32413 Email: kathy.younce@pcbfl.gov

Invoices must reference the Solicitation/Contract number. Each invoice shall be itemized and include sufficient detail (such as dates of service, description of goods/services, quantities, unit prices, and extended totals) to permit verification by the City. If the contract is deliverables-based or has payment milestones, CONTRACTOR shall invoice only upon City’s acceptance of the deliverable or completion of the milestone. No additional charges of any kind will be allowed unless specifically provided for in this Agreement. For example, freight, fuel surcharges, handling fees, or travel costs are not separately payable unless explicitly itemized in the contract compensation terms. Likewise, sales taxes are included in the contract price unless the City provides a sales tax exemption certificate for certain purchases (the City is tax-exempt for direct purchases of goods, but CONTRACTOR is responsible for its own sales/use tax on materials unless utilizing City’s direct purchase program if offered).

Payment Method: The City will make payment for approved invoices via ACH (Automated Clearing House) transfer or virtual credit card. The City will not issue traditional paper checks unless otherwise agreed. CONTRACTOR must provide the necessary information for ACH payments or accept the City’s virtual card program. The City is not responsible for any fees CONTRACTOR may incur from its bank or card processor for receiving payment.

CONTRACTOR agrees that no additional convenience or processing fees shall be added to City’s invoices for utilizing the City’s electronic payment methods.

Payment Schedule: The City shall make payment in accordance with the Florida Local Government Prompt Payment Act (F.S. 218.74). For construction contracts, this process is defined in Section 18 of the City’s General Conditions, Section 00100 of the Bid. If an invoice is disputed, the City will notify CONTRACTOR of the issue and may withhold the disputed portion of payment pending resolution. The City may partially pay an invoice for uncontested items and withhold payment only for the contested amount, if any, until resolution.

CONTRACTOR agrees to not suspend performance over any payment dispute provided the City is making a good-faith effort to resolve the dispute.

mailto:kathy.younce@pcbfl.gov

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Retainage (if applicable): Retainage is governed by Section 18.1.4 of the City’s General Conditions, Section 00100 of the Bid.

No Additional Charges: No additional charges of any kind will be allowed unless specifically provided for in this Agreement. For example, freight, fuel surcharges, handling fees, or travel costs are not separately payable unless explicitly itemized in the contract compensation terms. Likewise, sales taxes are included in the contract price unless the City provides a sales tax exemption certificate for certain purchases (the City is tax-exempt for direct purchases of goods, but CONTRACTOR is responsible for its own sales/use tax on materials unless utilizing City’s direct purchase program if offered).

4. TERM

This Agreement shall commence upon complete execution by the parties and continue through CONTRACTOR’S final completion of the work and the City’s acceptance, plus any warranty periods, unless earlier terminated as provided herein. Any specific dates or timeframes for completion described in the Solicitation or CONTRACTOR’S proposal (such as a “Substantial Completion” or final completion date) are incorporated as milestones. Time is of the essence in this Agreement. CONTRACTOR shall commence work within 10 days of issuance of the City’s notice to proceed (if applicable) and shall achieve any stated completion dates.

In accordance with Florida law, the City’s performance and obligation to pay under this Agreement is contingent upon an appropriation of funds by the City Council. If funds are not appropriated or are withdrawn, the City may terminate the Agreement without penalty or further obligation.

5. TIME

Time is of the essence in this Agreement. The CONTRACTOR will commence the Work required by the Contract Documents on the date indicated on the NOTICE TO PROCEED as issued by OWNER. Under no circumstances will CONTRACTOR begin work prior to issuance of a NOTICE TO PROCEED. All costs incurred outside the Contract Price prior to issuance of a NOTICE TO PROCEED shall be borne solely by CONTRACTOR.

Unexcused delays in performance may constitute a breach of this Agreement. If CONTRACTOR anticipates any delay in meeting a deadline, it shall immediately notify the City in writing, explaining the cause and length of the delay and proposing a recovery plan.

No extension of time shall be effective unless approved in writing by the City Manager through a change order or amendment.

CONTRACTOR acknowledges and agrees that no interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which the OWNER, PROJECT REPRESENTATIVE, or ENGINEER may be responsible, in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it shall receive no damages for delay.

CONTRACTOR’s sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not

Agreement Page 4 of 11 be a condition precedent to the aforementioned “No Damage For Delay” provision. This section shall expressly apply to claims for early completion, as well as to claims based on late completion. Notwithstanding the foregoing, if the Work is delayed due to the fault or neglect of OWNER or anyone for whom OWNER is liable, and such delays have a cumulative total of more than 90 calendar days, CONTRACTOR may make a claim for its actual and direct delay damages accruing after said 90 calendar days as provided in the Supplemental Conditions, Contract Claims and Changes. Except as expressly set forth in this section, in no event shall OWNER be liable to CONTRACTOR whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any acceleration, soft costs, lost profits, special, indirect, incidental, or consequential damages of any kind or nature whatsoever.

6. COMPLIANCE WITH LAWS

CONTRACTOR shall comply with all applicable federal, state, and local laws, regulations, ordinances, and codes in the performance of this Agreement. This includes, but is not limited to, labor laws, environmental laws, safety regulations (e.g., OSHA standards), immigration laws (including the E-Verify requirement), and licensing laws relevant to CONTRACTOR’S business. CONTRACTOR must obtain and maintain all necessary permits, licenses, or certifications required to perform the work (e.g., business tax receipt, professional licenses, construction permits, environmental permits). The costs of such compliance are included in the contract sum.

CONTRACTOR is responsible for ensuring that its employees, subcontractors, and agents are aware of and comply with all laws and regulations applicable to their activities under this Agreement. This includes any City-specific rules while working on City property (such as security rules, traffic, and parking regulations, etc.).

7. PUBLIC RECORDS RESPONSIBILITIES

Public Records Law: CONTRACTOR acknowledges that Florida’s Public Records Law (Chapter 119, F.S.) applies to this Agreement. CONTRACTOR shall: (a) keep and maintain all public records required by the City to perform the services; (b) upon request from the City’s custodian of records, provide the requested records to the City in a timely manner and in a format compatible with the City’s information systems; (c) ensure that exempt or confidential records are not disclosed except as authorized by law; and (d) upon completion or termination of the contract, transfer all public records related to the contract to the City, at no cost, or, if records are retained by CONTRACTOR, continue to meet all legal requirements for retaining public records. If CONTRACTOR transfers all records to the City at contract completion, CONTRACTOR shall destroy any duplicate confidential records upon such transfer. If CONTRACTOR keeps records, it shall maintain them in accordance with applicable retention schedules and make them available to the City upon request.

If CONTRACTOR fails to provide public records when required, the CONTRACTOR may be subject to penalties under Section 119.10, F.S. Additionally, failure to comply with these public records duties is a material breach of this Agreement, which may result in immediate termination by the City. CONTRACTOR shall indemnify and defend the City for any costs, including attorneys’ fees, incurred by the City due to CONTRACTOR’S failure to comply with public records disclosure requirements.

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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, IT SHOULD CONTACT THE CITY OF PANAMA

CITY BEACH CITY CLERK (CUSTODIAN OF PUBLIC RECORDS) AT

17007 Panama City Beach Parkway, Panama City Beach, FL 32413, Phone: 850-233-5100, Email: CityClerk@pcbfl.gov.

8. INSURANCE AND INDEMNIFICATION

CONTRACTOR shall, at its own expense, procure and maintain during the term of this Agreement insurance coverages from insurers licensed or eligible to do business in Florida and acceptable to the City. The required insurance and minimum limits are set forth in the City’s Insurance Requirements (Exhibit A) attached to the Solicitation and incorporated herein.

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the City, its officers, agents, and employees (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and causes of action (including reasonable attorneys’ fees and costs) arising out of or resulting from:

1) Bodily injury, death, or damage to property (including loss of use of property) caused by any negligent act or omission of the CONTRACTOR, its employees, subcontractors, or agents in the performance of this Agreement; and/or

2) Any failure of the CONTRACTOR to comply with any applicable law, ordinance, or regulation.

CONTRACTOR’S indemnification obligation includes defending the Indemnified Parties in any legal or administrative action, with counsel reasonably acceptable to the City, and paying any final judgment or settlement that may be obtained against the Indemnified Parties. The City shall promptly notify CONTRACTOR of any third-party claim and, if the City requests, CONTRACTOR shall assume control of the defense; however, the City reserves the right to participate in the defense at its own expense. CONTRACTOR’S indemnity shall not be limited by any insurance coverage or benefits. Any insurance maintained by the City is excess to CONTRACTOR’S insurance and indemnity obligations.

The covenants in this Section shall survive termination or expiration of this Agreement. If any claim or lawsuit is brought against the City that falls within the scope of CONTRACTOR’S indemnity, and CONTRACTOR fails to diligently defend the City, the City may undertake its own defense and seek to recover from CONTRACTOR all costs and expenses incurred in such defense.

To the extent (if any) an indemnification clause is limited by §725.06 or §725.08, Florida Statutes, and if this Agreement is subject to such statutes, then this indemnification is limited to an amount of $1,000,000 or the amount of insurance required herein (whichever is greater), and expressly excludes the City’s sole negligence.

mailto:CityClerk@pcbfl.gov

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9. FORCE MAJEURE

Neither party shall be liable for failure to perform its obligations if such performance is prevented or delayed by Force Majeure. For purposes of this Agreement, “Force Majeure” means an occurrence that is beyond the reasonable control of the party affected and could not have been avoided by exercising due care. Force Majeure events include, but are not limited to: natural disasters (e.g., hurricanes, floods, earthquakes), wars, acts of terrorism, epidemics or pandemics, labor strikes (excluding strikes of a party’s own employees), sabotage, riots, or governmental actions (e.g., emergency orders) that directly prevent work.

Upon the occurrence of a Force Majeure event, the affected party shall promptly notify the other party in writing, describing the event and its impact on performance. The time for the affected party’s performance shall be equitably extended for the duration of the Force Majeure delay, or if performance has become impossible, the parties will negotiate in good faith to amend or terminate the Agreement.

If a Force Majeure event continues for an extended period (e.g., more than 60 days) such that it frustrates the purpose of the contract, the City may terminate the Agreement in whole or in part without penalty. CONTRACTOR is not entitled to extra compensation for delays or increased costs caused by Force Majeure but CONTRACTOR shall be entitled to an extension of time. CONTRACTOR must use best efforts to mitigate the impacts of any Force Majeure (e.g., by securing alternate sources or work-arounds where feasible).

No claim for extension of time due to Force Majeure shall be valid unless the CONTRACTOR has notified the City in writing within a reasonable time (not to exceed 5 days) after the onset of the Force Majeure event. Failure to timely notify constitutes waiver of any schedule adjustment. Routine weather conditions (other than officially declared disasters) are typically not Force Majeure unless unusually severe for the locale/season and impacting the critical path of performance.

10. TERMINATION

10.1 City’s Right to Terminate for Cause

The City may terminate this Agreement, in whole or in part, for cause upon written notice to CONTRACTOR if CONTRACTOR materially breaches any term of the Agreement and fails to cure such breach within 7 calendar days (or such longer period authorized in writing by the City) after receiving written notice of the default from the City. A material breach by CONTRACTOR includes, but is not limited to:

A. Failure to perform the work with sufficient labor, equipment, or materials to meet required schedules or specifications;

B. Failure to make payment properly to subcontractors or suppliers for materials or labor (creating risk of claims/liens);

C. Disregard of laws, ordinances, or instructions of the City;

D. A material misrepresentation by CONTRACTOR in its bid/proposal or during contract performance;

E. Insolvency or filing of bankruptcy by CONTRACTOR; or F. Any other material breach of CONTRACTOR’S obligations under the contract documents.

In the event of termination for cause, the City may take over the work and complete it through other means, and CONTRACTOR shall be liable to the City for all reasonable additional costs incurred by the City to complete the work (including the cost difference for obtaining substitute performance and City’s internal costs). The City may also withhold any payments due to CONTRACTOR for work performed prior to termination until the City’s damages have been

Agreement Page 7 of 11 calculated and deducted. If the unpaid balance of the contract sum exceeds the cost of finishing the work, any excess shall be paid to CONTRACTOR. If the City’s cost to complete exceeds the unpaid balance, CONTRACTOR shall pay the difference to the City.

The City’s rights and remedies in this clause are cumulative and in addition to any others provided by law or the contract. If it is later determined by a court or arbiter that the City’s termination for cause was wrongful or without basis, then the termination shall be deemed a termination for convenience, and CONTRACTOR’S remedy will be limited to the compensation described under Termination for Convenience below (and CONTRACTOR waives any other damages, including lost profits, in such scenario).

10.2 City’s Right to Terminate for Convenience

Notwithstanding any other provision, the City reserves the right to terminate this Agreement, or any portion of it, at any time without cause by providing at least thirty (30) days’ written notice to CONTRACTOR. In such event, CONTRACTOR shall immediately stop work on the date and to the extent specified in the notice and place no further orders for materials, services, or facilities except as necessary to complete any portion of work not terminated.

CONTRACTOR shall also make every reasonable effort to cancel or mitigate any pending orders or subcontracts related to the terminated work.

In the event of a termination for convenience, the City will pay CONTRACTOR for all work actually performed up to the effective date of termination (including materials or equipment delivered and in transit that cannot be canceled), at the contract prices, and for all demobilization costs and other reasonable costs incurred as a direct result of the termination (such as cancellation fees owed to subvendors). However, CONTRACTOR shall not be entitled to any lost profits or anticipated profits on the portion of work that was not performed due to termination, nor to any consequential damages. The compensation for a termination convenience will be limited to: payment for acceptable work performed, plus reasonable costs of settling and paying any claims from subcontractors and suppliers for actual work performed (which were not already paid for), plus a reasonable allowance for overhead and profit on the work performed, not to exceed the contract price allocation for that work. CONTRACTOR must submit its termination claim within 30 days after receipt of the termination notice (absent agreement of extension).

The City may, at its discretion, direct CONTRACTOR to assign to the City any subcontracts or purchase orders for materials that the City chooses to retain for completion of the project.

Any materials or equipment paid for by the City shall become the City’s property.

10.3 CONTRACTOR’S Right to Terminate

CONTRACTOR may terminate this Agreement for cause if the City materially breaches its obligations, such as failing to pay undisputed amounts due within 60 days after written notice from CONTRACTOR of delinquency, provided CONTRACTOR has given the City at least 30 days’ prior written notice of such breach and an opportunity to cure. CONTRACTOR may also terminate if work is stopped for 90 days through no fault of CONTRACTOR due to a court order or substantial failure of the City to perform. CONTRACTOR’S termination must be by written notice to the City.