Airfield Signage Rehabilitation
The City of New Smyrna Beach is seeking interested Contractors to submit proposals for the construction of the Airfield Signage Rehabilitation project at the New Smyrna Beach Airport.
The bid documents are available through the City's eProcurement Portal at https://secure.procurenow.com/portal/cityofnsb.
This project will be funded by a State of Florida Department of Transportation (FDOT) Grant and local share. The award of this Contract will be contingent upon the concurrence of the FDOT.
End of Advertisement
Publish: Thursday, June 2, 2022
Daytona News Journal
ProcureNow – https://secure.procurenow.com/portal/cityofnsb/
Thank you for your interest in doing business with the City of New Smyrna Beach, Florida.
If you are interested in preparing a response to this solicitation, please read the bid package in its entirety prior to submitting a bid response.
Under Chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record, subject to distribution pursuant to the request for records by any interested party.
The awarded Contractor must be registered with the Florida Department of State and licensed to do business in the State of Florida.
The City of New Smyrna Beach, Florida is soliciting Invitation to Bid 22-22-AIR, Airfield Signage Rehabilitation, to select a qualified Contractor to complete the aforementioned project.
The City serves an area of 41.6 square miles in size and serves a population of approximately 30,962. It is located off of Florida’s East Coast, in the County of Volusia, just north of Cape Canaveral with easy access to both Interstate 95 and Interstate 4. The City’s fiscal year begins on October 1st and ends on September 30th.
The City was created in 1887 by adoption of its first charter, which was replaced by the present charter through Chapter 224.08, Special Acts of Florida, 1943.
The legislative branch of the City is composed of an elected five-member City Commission consisting of the Mayor and four commissioners. The City Commission is governed by the City Charter and by state and local laws and regulations. The City Commission is responsible for the establishment and adoption of policy. The execution of such policy is the responsibility of the Commission-appointed City Manager.
More detailed information on the government and can be found in City of New Smyrna’s Comprehensive Annual Financial Report (CAFR). This report may be viewed on https://www.cityofnsb.com/105/Financial-Reports.
The City of New Smyrna is exempt from any and all state, local and federal taxes.
The Airfield Signage Rehabilitation project at the New Smyrna Beach Municipal Airport generally consists of removal, installation, replacement, and rehabilitation of dilapidated airfield signage. The project also includes sign panel replacements for newer airfield signage and application of airfield pavement markings to coincide with the installation of new signage.
The project shall be completed on a working day basis and the Contractor shall be permitted procurement time for acquisition of materials ahead of the required field work. Working Days shall be charged to the contract time in accordance with the project specifications. Working days shall be charged only when on site performing the work detailed in the plans and specifications.
The project shall be completed in three separate work areas/phases to minimize impacts to the Airfield. The Contractor shall be escorted by the Owner at all times within the airport movement area, unless the Contractor completes airport mandated driver training and radio communications courses and is granted status as an approved "airfield escort." Proof of completion will be required.
The general character and scope of the work are illustrated by the drawings titled as follows:
22-22-AIR - Airfield Signage Rehabilitation
CITY OF NEW SMYRNA BEACH, FLORIDA
Checking of Drawings and Dimensions:
Copies of Drawings and Specifications Furnished:
The Owner shall furnish to the Contractor and electronic file of drawings and specifications necessary for the execution of the work. One complete set of all drawings and specifications shall be maintained at the job site and shall be available to the Engineer at all times.
Drawings have been provided in Section 10, see Attachments
There will be a Non-Mandatory pre-bid site visit for this bid. Attendance is strongly encouraged to understand the requirements of the Scope of Work.
Inquiries must be submitted in writing via the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Wednesday, June 22, 2022 by 5:00 pm. All Correspondence must reference the Bid Number. When asking questions, please be sure to enter each question separately.
Sealed Bid Proposals will be received until 5:00 pm EST on Wednesday, July 6, 2022, via the City's e-Procurement Portal found at https://secure.procurenow.com/portal/cityofnsb/.
Bid Proposals received after the designated time will not be allowed on the City's eProcurement Portal. Bid Documents are available on OpenGov Procurement and the City’s website (www.cityofnsb.com ). For further information, please e-mail the Purchasing Coordinator at [email protected]
The bidder agrees to commence work within TEN (10) CALENDAR DAYS after the date of the Notice to Proceed letter, and shall complete the work within SIXTEEN (16) WORKING DAYS DAYS thereafter.
The bidder further agrees to pay, as liquidated damages, the sum of TWO HUNDRED FIFTY ($250.00) DOLLARS for each working day thereafter, until the work is completed or accepted. Said amount is agreed upon because the injury that the City of New Smyrna Beach ("Owner") may sustain by reason of contracting breach would be impossible to ascertain or estimate; such sum is agreed upon as liquidated damages and is intended as compensation for the injury suffered by the Owner, rather than as a penalty.
Each bidder shall have read and be thoroughly familiar with the drawings, specifications and other contract documents. Failure to do so shall not relieve the successful bidder of his obligation to furnish all labor, materials and equipment necessary to carry out the previsions of the contract documents and to complete the contemplated work for the consideration set forth in his bid. No effort is made to emphasize any particular provision of the Contract, but bidders must familiarize themselves with every provision and its effect. The Owner makes no representations other than those stated or shown directly in the Contract Documents.
If there is any item in the drawings, specifications or other Contract Documents which is not clear to the bidder or which may, in his opinion, be impossible to comply with, the bidder is urged to immediately notify the City by submitting all inquiries via the City’s e-Procurement Portal, located at https://secure.procurenow.com/portal/cityofnsb. If it is considered necessary and time permits, an addendum shall be forwarded to each holder of the drawings and specifications to clarify the question.
The bidder, by and through the submission of this bid, agrees that it shall be held responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water conditions and all other physical characteristics of the work, in order that it may include in the prices which it bid, all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which shall be encountered in doing the proposed work.
The City of New Smyrna Beach may make such investigations as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City any additional information and financial data for this purpose as the City may request. The data shall include a detailed and up-to-date list of equipment, which the bidder proposes to use, indicating which portions it already possesses and a detailed description of the method and program of the work it proposes to follow. The bidder shall also submit a list of the subcontractors, if any, that it intends to use.
Bids must be submitted upon the prescribed forms. All blank spaces must be filled in as noted, in ink or typed, in both words and figures with the amounts extended and totaled, and no changes shall be made in the phraseology of the forms or in the items mentioned therein.
Any bid may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for, or which does not contain prices set opposite to each of the several items in the bid form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published notice inviting bids.
The time of completion of the work performed under the Contract shall be the number of calendar days stated from the date of the Notice to Proceed. The bidder shall sign the bid in the blank spaces provided therefore.
Each bid shall be accompanied by a Bid Security of no less than ten (10%) percent of the amount of the Bid Proposal. The Bid Security shall consist of a Certified Check, a Cashier’s Check or a Bid Bond payable to the City of New Smyrna Beach ("Owner.)
A copy of the bid bond must be uploaded with the proposal response in the form of a Bid bond, certified funds or an irrevocable letter of credit in a sum equal to the amount of ten (10%) percent of the amount of the bid proposal. The consultant/contractor shall guarantee the total proposal price for a period of 60 days from the date of the proposal opening.
When requested by the City, bidders agrees to produce the hard copy of the original Bid Bond prior to the Notice of Recommendation or Commission Meeting. Failure to do so may result in the bid being deemed non-responsive.
Alternately a cash bond or cashiers’ check will be acceptable. All checks shall be made payable to the City of New Smyrna Beach on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, as a guarantee that the consultant/contractor, if its proposal is accepted, will promptly execute the Agreement.
If the Consultant/Contractor selects to submit a cashiers’ check or cash bond it must be received by the City no later than 5:00 pm on Wednesday, July 6, 2022. Please submit in a sealed envelope to the following address:
City of New Smyrna Beach
210 Sam's Avenue
New Smyrna Beach, Florida 32168
Attention: Purchasing Department
Sealed Bids shall be received in the e-Procurement Portal - https://secure.procurenow.com/portal/cityofnsb/, and then publicly opened and read aloud.
Before award of the bid, the City reserves the right to request additional information to clarify bid submittals.
The Owner reserves the unqualified right, in the Owner’s sole and absolute discretion, to reject any and all bids, to waive any irregularities, or to accept that bid or combination of bids, which in the Owner’s sole and absolute judgment, shall, under all circumstances, best serve the public interest.
1) Bidders or respondents who do not agree with the City's recommendation for award shall be afforded the opportunity to protest the recommendation by submitting written notice to the Purchasing Division. Bids or proposals not meeting the minimum published requirements, including specifications, scope of service, or required documents, are not subject to protest.
2) Such notice should be given within three (3) business days after the City posts its notice of intent to award.
3) A formal written protest shall be made to the Purchasing Division within five (5) working days after filing the notice of protest, which shall state the grounds for the protest and the action requested.
4) The formal written protest shall include with it a bid protest bond in the amount of one percent (1%) of the estimated contract amount, as provided in Florida Statutes § 287.042(2)(c) and Rule 28-110.005 of the Florida Administrative Code. The notice of protest must be either hand-delivered and date and time stamped by the Finance Department, or sent via Certified U.S. mail, return receipt requested. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding award of the bid. For full bid protest guidance, consult Section 9.1, Notice of Protest, of the City of New Smyrna Beach’s purchasing policy.
Within sixty (60) days after the opening of the bids, the Owner shall accept one of the bids or shall act in accordance with Information for Bidders-Right to Accept and Reject Bids. Bids shall be awarded in accordance with the Federal, State and Local regulations. The project shall be awarded to the lowest, most responsible and responsive bidder. The acceptance of the bid shall be by notice in writing, signed by the Owner or his representative, mailed to or delivered at the office designated in the bid.
The Bidder, pursuant to and in compliance with the City’s advertisement for bid, dated Thursday, June 2, 2022 and other bid/contract documents relating hereto, hereby proposes to furnish all tools, labor, equipment and materials to perform all the work necessary in the completion of ITB 22-22-AIR Airfield Signage Rehabilitation, for the City Of New Smyrna Beach, Volusia County, Florida, all as required by and in strict accordance with the Contract Documents, Schedules and Drawings, at the prices listed in the Total Bid Proposal.
The City of New Smyrna Beach reserves the right to evaluate the bids received and award the lowest, most responsible and responsive bidder with the Base Bid, Bid Alternate "A", or any combination thereof as determined to be in the best interest of the City and their funding partners.
The terms used in this specification are defined as follows:
CITY: City of New Smyrna Beach
CLAIMS AND NOTICES: A notice is defined to be information rendered by either party to the other upon a condition becoming known pursuant to the following requirements. All claims, requests, substitutions, changes, notices, delays, and any and all other forms of notices or claims by the Contractor to the Owner must be in writing and promptly presented to the City Manager or designee. If none is so made, it is irrefutably presumed not to have been given by the contractor to the Owner.
CONTRACT: The agreement executed by the Owner and the Contractor covering the work to be performed and including all Contract Documents.
CONTRACTOR: The person, firm or corporation with whom this Contract is executed by the Owner.
DRAWINGS: The drawings listed and described in the Contract Documents.
ENGINEER: For this project, reference to the Engineer shall refer to Daniel Nickols, P.E., GAI Consultants, Inc. or his designee.
OWNER: City of New Smyrna Beach
PROJECTS: The entire construction, installation or work to be performed as set forth in the Contract Documents.
SPECIFICATIONS: The detailed written description of the work.
SUBCONTRACTOR: Any person, firm or corporation other than the Contractor supplying material or labor for work at the site of the project. Such person or firm has contractual relations with the Contractor, but not with the Owner.
SURETY: Any person, firm or corporation that has executed as Surety.
Component Parts of the Contract are provided in the Construction Contract, which is available as an Attachments to this solicitation.
When the Contract has been executed on the part of the City, it shall be forwarded to the Contractor together with the Notice to Proceed. The Notice to Proceed shall include the time for completion. The Contractor shall begin construction operations at the site within ten (10) days after the date of such notice. The contact time shall begin ten (10) days after the date of the Notice to Proceed.
The Contractor will not be charge working days to the contract until the Contractor is ready to start work on site.
Prior to starting the work, a preconstruction conference shall be held to review the work schedules, to establish procedures for processing periodical pay estimates, and such other matters as may be pertinent to the project.
Schedules and Progress Reports:
The Contractor must submit a proposed schedule of the work at the preconstruction conference. The purpose of this schedule is to enable the Owner to govern the work, to protect the functions of the local government and its citizens, and to aid in providing appropriate surveillance. The Owner shall have the right to reschedule work provided such rescheduling is in accord with the remainder of the terms of this Contract. The schedule shall show, as a minimum, the approximate dates on which each segment of the work is expected to be started and finished, the anticipated earnings by the Contractor for each month, and the approximate number of crews and equipment to be used. The Engineer shall review and approve the schedule. If rescheduling is needed then a new updated schedule should be provided to the Engineer for approval. The Contractor shall also forward to the Owner, as soon as practicable after the first day of each month, a summary report of the progress of the various parts of the work under the Contract, stating the existing status, estimated time of completion, and cause of delay, if any. Together with the summary report, the Contractor shall submit any necessary revisions to the original schedule for the Engineer’s review and approval. The Engineer, for purpose of evaluation, may require additional more detailed schedules.
Approval of Subcontracts:
Prosecution of Work:
Workmanship, Material, and Workmen:
Delays and Extension of Time:
Surveys and Lands for Work:
Use of Completed Portions:
The Owner shall have the right to take possession of and use any completed portions of the work, although the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contact Documents.
The Owner’s Right to Do Work:
If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the Owner, after seven (7) days written notice to the Contractor, may, without prejudice to any other remedy available to the Contractor, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.
Right to Retain Imperfect Work:
If any part or portion of the work done or material furnished under this Contract shall prove defective and not in accord with the plans and specification, and if the Owner decides that any part or portion of the imperfect work is not of sufficient magnitude or importance as to make the work dangerous or undesirable, or if the Engineer decides that removing the work is warranted for whatever reason, then the owner has the right to reject and hold the contractor accountable for its removal and corrective action.
Suspension of Work:
Termination of the Contract:
Status of the Engineer:
The work shall be subject at all times to the review of the Engineer or his designee. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, areas of work, maintenance of schedules, interpretation of drawings and specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. In case of differences between the drawings and specifications, the Engineer shall make a determination as to whether the specifications or drawings represent the intent of the Contract, and such determinations shall be communicated to the Contractor in writing. All claims of the Contractor shall be made in writing within a reasonable time. All decisions of the Engineer shall be final except in cases where time and/or financial considerations are involved. See definition of “Notice”, referenced in "Definitions and Terms".
Inspection and Examination of the Work:
The Owner reserves the right to allow the continuation and/or creation of other contracts it deems necessary at the site of the work subject to this Contract, provided such do not unreasonably burden or impair the work anticipated in the Contract. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and execution of their work, and shall promptly connect and coordinate this work with theirs.
Compliance with Specifications and Drawings:
All specifications and drawings and terms of the Contract shall be strictly complied with by the Contractor except as specifically provided in these Contract Documents.
Changes in the Work:
Monthly Payments to the Contractor:
The Contractor shall plan his work for construction on the basis of monthly pay periods. So long as the work is prosecuted in compliance with the provisions of the contract, the Contractor shall, on or about the last day of the pay period, make an approximate estimate, in writing on a form approved by the Engineer, of the proportionate value of the work done, items and locations of the work performed up to and including the last day of the period then ending. No Payment shall be included in the Pay Request for stored materials. The Engineer shall then review said estimate and make the necessary revisions so that the estimate can receive his approval. If the Contractor and the Engineer do not agree on the approximate estimate of the proportionate value of the work done for any pay period, the determination of the Engineer shall be binding. The amount of said estimate, after deducting the Retainage and all previous payments, shall be due and payable to the Contractor within thirty (30) days after presentation of the estimate to the Owner. Any Periodical Pay Estimate signed by the Contractor shall be final as to the Contractor for any or all work covered by the Periodical Pay Estimate.
Contractor’s Warranty of Title:
Correction of Work Before Final Payment:
Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof. In addition thereto, in either case, the Contractor shall provide an affidavit that so far as he has knowledge or information, all includes receipts or releases for all the labor and material for which a lien could be filed. The Contractor may, should any subcontractor refuse to furnish a release or receipt in full, furnish a bond satisfactory to the Owner to indemnify that payments are made. The Contractor shall refund to the Owner all money payments that the latter may be compelled to pay in discharging such a lien, including all interest, costs, and reasonable attorney’s fees.
When the Contractor has completed the work in compliance with the terms of Contract Documents, he shall notify the Engineer in writing that the project is ready for final inspection. The Engineer shall then advise the Contractor as to the arrangements for final inspection and what work, if any, is required to prepare the project or a portion thereof for final inspection. When the Engineer determines the project or portion thereof is ready for final inspection, he shall perform the same. Upon completion of the final inspection, the Engineer shall prepare a list of errors of either commission or omission by the Contractor, reasonably observable, and determined under the conditions governing and restricting said final inspection. When all such errors have been corrected, a final re-inspection shall be made. The process shall be repeated until, in the opinion of the Engineer, the project has been completed in compliance with the terms of the Contract Documents as can best and reasonable be observed and determined under the conditions governing and restricting said final inspection. The Engineer shall, pursuant to such inspection and re-inspection, certify to the Owner as to the completion of the final inspection. It is understood that the certification covers only those items which can be physically inspected, and the Engineer’s certification indicates compliance within the standards of the construction industry, as interpreted by the Engineer.
When the Engineer shall certify to the Owner as to the completion of the final inspection, the Contractor may make request for final payment. With the request for final payment, the Contractor shall furnish evidence satisfactory to the Owner’s legal advisors that the Contractor has fully paid all debts for labor, materials and equipment incurred in connection with the work. The Contractor must provide all evidence required by the Contract to assure the Owner of complete compliance with all terms of the Contract. When the Owner has satisfied himself as to compliance with the terms of the Contract, and has received certification of final inspection, he shall notify the Contractor of final acceptance by the Owner. The date of final acceptance shall be assumed as the date of final completion of the project, unless the Owner, with the Contractor, has made previous agreement.
When the Owner has made final acceptance, the Engineer shall then review the amount of final request for payment and certify the amount of this approval. Upon approval by the Engineer, the Owner shall make final payment of the contract amount, plus all approved additions, less approved deductions and previous payments made.
Termination of Contractor’s Responsibility:
The Owner shall consider the Contract complete when all work has been finished, the final Inspection certified by the Engineer, and the project finally accepted in writing. The Contractor’s responsibility shall then terminate except as otherwise required and set out in the Contract Documents.
All materials and equipment furnished by the Contractor and all construction work and workmanship involved in the Contract is hereby guaranteed and warranted by the Contractor for a period of one (1) year from written final acceptance by the Owner as defined here in to be free from defects due either to faulty materials, equipment and/or faulty workmanship, and all materials, equipment and /or workmanship furnished, installed and performed by the Contractor is warranted and guaranteed by the Contractor to the Owner to be such as to meet the required standards and to accomplish the purposes and functions of the project as defined, detailed and specified in these Contract Documents. The Owner shall, following discovery thereof, promptly give written notice to the Contractor of faulty materials, equipment, and/or workmanship within the period of the guarantee. Any part of the warranty and guarantee shall be promptly replaced by the Contractor at his own cost and without cost to the Owner. These warranty and guarantee provisions create no limitations on the Owner as to any claims or actions for breach of guarantee or breach of warranty that the Owner might have against parties other than the Contractor, and do not constitute exclusive remedies of the Owner against the Contractor and are not intended to, and shall not limit any other rights, remedies or causes of action which the Owner might exercise against the Contractor, and shall not alter nor modify the application of the Statute of Limitations as established by the Statutes of the State of Florida. This Contract is governed by the Laws of the State of Florida.
Representation of underground utilities is shown from information received from the various utility owners. The locations or elevations of utilities are not represented to be exact, and are shown for the convenience of the Contractor. The Contractor shall contact the utility owner concerned for any available additional information, and coordinate his construction activities accordingly. The utilities known to exist are listed in the Supplemental General Conditions, along with a list of their Owners. Any cost incurred for the protection of and/or damages to existing underground utilities shall be considered as part of the applicable Contract price for stage excavation and backfill and no additional compensation shall be paid to the Contractor. If, in the judgment of the Engineer, it is impossible to construct a given improvement in the location shown on the drawings as a result of underground utility or utilities, either the utility owner shall move the existing underground utility, or an appropriate Change Order shall be executed for the moving by the Contractor.
The following is a list of utilities, which may be located within the public rights-of-way of the City of New Smyrna Beach:
Gas Mains – Florida Public Utilities Company
Electric and Power Lines and Underground Cable - Utilities Commission, City of New Smyrna Beach
Telephone Lines and Underground Cable - AT&T
Water Mains and Sanitary Sewers - Utilities Commission City of New Smyrna Beach, Florida
Storm Sewers - City of New Smyrna Beach, Florida
Cable TV and Underground Cable - Spectrum
Requirement for Notice:
Any requirements of the Contract Documents for notice of direction to the Owner shall be a condition precedent to be complied with by the Contractor before any claim for extra compensation can be made. See definition of Notice To Proceed.
Claims for Extra Cost:
If the Contractor claims that any instructions in writing or by drawings or otherwise involve extra cost under this Contract, he shall give the Engineer written notice on a form to be furnished by the Engineer within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency of endangering life or property. A decision by the Engineer shall then be made as specified in "The Authority and Duties of the Engineer - Status of the Engineer" of this division. If this decision requires a Change Order, the procedure shall be as provided for in "Changes in the Work" Section. See definition of Terms and Conditions. No claim shall be valid unless so made.
Claims for Damages:
Any claims for damages by the Contractor against the Owner arising under this Contract shall be made in writing to the party liable within thirty (30) days of the first observance of such damage, except as expressly stipulated otherwise in the case of faulty work or materials and shall be adjusted by agreement validated by a Change Order. Any claim not reported within thirty (30) days shall not be considered valid. See definition in Terms and Conditions.
If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall insure its completion within the time specified in the bid, or any extension thereof, or fails to complete said work within such time, the Owner may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work on which there has been delay. In such event, the Owner may take over the work and prosecute the same to completion by Contract or otherwise, and the Contractor and his Sureties shall be liable to the Owner for any excess cost occasioned the Owner thereby. If the Contractor’s right to proceed is so terminated, the Owner may take possession of and utilize in completing the work such materials, and appliances as may be on the site of the work, and necessary therefore. If the Owner does not terminate the right of the Contractor to proceed, the Contractor shall pay to the Owner the sum specified in the Supplemental General Conditions as fixed, agreed, and liquidated damages for each calendar day of the delay until the work is finally accepted by the Owner, and the Contractor and his Sureties shall be liable to the Owner for any excess cost occasioned the Owner thereby.
Additional Owner Expense:
Should the Contractor fail to complete the work during the specified number of calendar days, it is agreed that for each day of overrun until final completion, all expenses of engineering supervision and inspection furnished by the Owner shall be at the expense of the Contractor and /or his Surety. Such engineering expense shall be considered to be equal to the job payroll of the owner plus One Hundred Fifty (150%) Percent thereof for overhead, plus on-the-job mileage. Such engineering expense shall be deducted from monies due the Contractor. The amount of such expenses shall be construed to be in addition to other damages for delays that might be assessed by the Owner.
In the event of a conflict in the interpretation of the Contract or the terms of the Contract, the interpretation most favorable to the Owner shall prevail.
The Contractor covenants and agrees to indemnify and save harmless the Owner, its employees, officials, and agents, and defend them from all costs, expenses, damages, attorney’s fees, injury or loss, to which the Owner may be subject by any person, firm, corporation or organization by reason of any wrongdoing, misconduct, want or need of care or skill, negligence or default or breach of Contract, guaranty or warranty, by the Contractor, his employees, his agents or assigns.
The Contractor shall pay all royalties and license fees for equipment or processes in conjunction with the equipment he is furnishing. He shall defend all suits or claims for infringement of any patented right and shall save the Owner harmless from loss on account thereof and cost and attorney’s fees incurred therefore.
The Contractor shall keep the construction site free of rubbish and waste materials and shall restore to their original condition or better those portions of the site disrupted by the construction. Clean-up and restoration shall be accomplished on a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the Owner, residents, and works at or adjacent to the project site. The Contractor shall also remove, when no longer needed, all temporary structures and equipment used in his operations. It is the intent of this specification that the construction areas and those other areas not designed for alteration by the contract Documents shall be restored to their original condition as nearly as possible.
Adequate sanitary conveniences for the use of persons employed on the work, properly secluded from public observations, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Owner. These conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the work, they shall be removed from the premises, leaving all clean and free from nuisance.
The Contractor shall pay for all laboratory or environmental tests required at the project site or all laboratory tests required on material already delivered to the site. Copies of test or certifications on pipe, brick or other materials made at the factory shall be furnished in triplicate to the Engineer. The Engineer shall approve test reports on equipment before the equipment covered by the test is delivered to the project site. Test requirements are set out in the detailed specifications for the particular material.
The amount of and provision for liquidated damages as specified in this solicitation and as otherwise set forth in the Contract Document, shall be TWO HUNDRED FIFTY ($250.00) DOLLARS FOR EACH WORKING DAY of the delay until the work is completed or accepted. Said amount is agreed upon because the injury that the Owner may sustain by reason of contracting breach would be impossible to ascertain or estimate; such sum is agreed upon as liquidated damages and is intended as compensation for the injury suffered by the Owner, rather than as a penalty.
Termination for Convenience:
The City reserves the right to terminate the Agreement in whole or part at any time without penalty or cause, which termination date shall not be less than thirty (30) days after the date of such written notice. Upon receipt of the written notice, the Contractor shall immediately stop all work as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the City. In the event of termination under this provision, all goods, materials, documents, data and reports prepared by the Contractor under the Agreement shall become the property of and delivered to the City. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of termination. Such compensation shall be the Contractor’s sole remedy against the City in the event of termination under this provision.
Termination for Cause or Default:
The City reserves the right to terminate the Agreement in whole or in part due to the failure of the Contractor to comply with any term or condition of the Agreement, including failure to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Agreement. The City shall provide written notice of the termination and the reasons for it to the Contractor. Upon termination under this provision, all goods, materials, documents, data and reports prepared by the Contractor under the Agreement shall become the property of and be delivered to the City on demand. The City may, upon termination of the Agreement, procure, on terms and in the manner that it deems appropriate, materials, or services to replace those under the Agreement. The Contractor shall be liable to the City for any excess costs incurred by the City in re-procuring the materials or services.
Contractor’s Right to Terminate:
If the work should be stopped for a period of three (3) months, under any order of any court or public authority, other than by the Owner, through no act of fault of the Contractor or of anyone employed by the Contractor, then the Contractor may, upon thirty (30) days written notice to the Owner, terminate the Contract and recover from the Owner payment for all work executed and any expense sustained plus a reasonable profit thereon.
No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, except for any obligations to make payments to the other party hereunder, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including but not limited to, the following force majeure events:
a) Acts of God
b) A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, infestations, epidemic or pandemic)
c) War, invasion, hostilities (regardless if war is declared or not), terrorist threats or acts, riots or other civil unrest
d) Government order or law
e) Actions, embargoes or blockades in effect on or after the date of this Agreement
f) Action by any governmental authority
g) National or regional emergency
h) Strikes, labor stoppages or slowdowns or other industrial disturbance, and
i) Shortage of adequate power or transportation facilities
The Impacted Party shall give notice within two (2) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of sixty (60) days following Notice given by it, then either party may thereafter terminate this Agreement upon Notice
Notwithstanding the foregoing, any pandemic or epidemic, including but not limited to those related to COVID-19 and its mutations, and related issued executive orders and/or administrative orders by any federal, state, or local government entity related to any pandemic or epidemic, shall NOT be considered a force majeure and is expressly excluded from that definition herein and said even shall not prevent CONTRACTOR from timely performing its functions under this Agreement.
The E-Verify System means an internet based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees.
In accordance with, §448.095, Florida Statutes, the VENDOR shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. If the VENDOR enters into a contract with a subcontractor performing work or providing services on its behalf, the VENDOR shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
Every Vendor shall, upon request, provide evidence of compliance with this provision to the CITY. Failure to comply with this provision is a material breach of an Agreement, and the CITY may choose to terminate the Agreement at its sole discretion. The VENDOR may be liable for all costs associated with the CITY securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).
Contractor's and Subcontractor's Insurance Requirements
Workers Compensation Florida Statutory Coverage
Waiver of Subrogation
Commercial General Liability Each Occurrence $1,000,000
Occurrence Basis General Aggregate $2,000,000
Blanket Contractual Liability Premises - Operations $1,000,000
Waiver of Subrogation Products & Completed Ops $1,000,000
City Additional Insured Personal and Adv Ini $1,000,000
Property Damage - Each Occurrence $ 500,000
Aggregate $ 500,000
Fire Damage $ 50,000
Auto Liability Combined Single Limit $1,000,000
Any Auto Bodily Injury (Per Person) $ 300,000
Contractor, its subcontractors & independent contractors shall name City as Additional Insured Bodily Injury (Per Accident) $
Property Damage (Per Accident) $ 500,000
Note: If contractor does not have "Coverage Symbol 1: Any Auto," contractor is limited to the use of covered autos only.
THE INSURANCE SHALL NAME THE OWNER AS AN ADDITIONAL INSURED.
Thirty (30) days written notice of cancellation is required to:
City of New Smyrna Beach
210 Sams Avenue
New Smyrna Beach, FL 32168
ATTN: Purchasing Coordinator
The Contractor shall procure and shall maintain during the life of this Contract, Worker's Compensation Insurance for all of his employees to be engaged in work on the project under this Contract and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the contractor’s Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen’s Compensation statue, the Contractor shall provide and shall cause each subcontractor to provide employer’s general liability insurance for the protection of such of his employees not otherwise protect under such provisions.
The Contractor shall procure and shall maintain during the life of this Contract, Contractor’s Public Liability and Property Damage Insurance naming the Owner as an additional insured in the amounts not less than those specified in the Supplemental General Conditions. A certificate of such insurance is to be filed with the Owner before any work begins.
The Contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance of the type and in the amount specified for the Contractor naming the contractor and Owner as the Additional Insured. A certificate of such insurance is to be filed with the Owner before any work begins.
The insurance required in this solicitation shall provide adequate protection for the Contactor and his Subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against and of the special hazards which may be encountered in the performance of this Contract.
The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance as required above.
The Contractor shall either (a) require each Subcontractor to procure and maintain during the life of the Subcontractor, the Subcontractor's Public Liability and Property Damage of the type and in the same amounts as in the preceding paragraphs; or (b) insure the activities of the Subcontractors in his own policy.
The insurance required in the preceding paragraphs shall also provide adequate protection against the following special hazards if applicable:
In addition to all other terms, covenants and conditions, the Contractor agrees that in the event the structure is moved off-site, and during said move, the said structure either collapses or otherwise cannot be moved in the normal and customary manner, he shall be responsible for all costs to the City and any liability, tort or otherwise, imposed by law, and shall secure a policy of insurance to cover such an event in an amount of at least one million dollars and shall have the City of New Smyrna Beach as co-insured on said policy of insurance.
All material submitted regarding this bid becomes the property of the City. Bid documents may be reviewed by any person ten (10) days after the public opening. The Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer.
Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. This section is further subject to F.S. 119.01 et. seq.
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, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS, CITY CLERK, AT 386-410-2637, [email protected], CITY OF NEW SMYRNA BEACH, 210 SAMS AVENUE, NEW SMYRNA BEACH, FL 32168.
The contractor is required to comply with public records laws, specifically to:
The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Owner. The superintendent shall not be changed except with the consent of the Owner unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall give sufficient supervision to the work, using his best skill and attention.
When any material or equipment not conforming to the requirements of the specifications and drawings has been delivered to the project, or incorporated in the work of the project, or whenever any work performed is of inferior quality, then such material or equipment or work, whether known or unknown to the Owner, shall be considered to be defective, and shall be removed and replaced, or made satisfactory to the Owner at no cost to the Owner.
Prior to the completion of the work by the Contractor and the acceptance thereof by the Owner and/or final recommendation of the Engineer, the work shall remain at the risk of the Contractor and said Contractor shall be required to repair, replace, renew and make good at his own expense all damages cause by force or violence of the elements or any cause whatsoever provided, however, that in such cases the Contractor shall be entitled to a reasonable extension of time within which to complete said work. If the cause of the delay shall be due to the negligence, fault, or omission of the Contractor, the Contractor shall not be entitled to the extension of time mentioned in the said paragraph.
If the work should be stopped for a period of three (3) months, under any order of any court or public authority, other than by the Owner, through no act of fault of the Contractor or of anyone employed by him, then the Contractor may, upon thirty (30) days written notice to the Owner, terminate his Contract and recover from the Owner payment for all work executed and any expense sustained plus a reasonable profit thereon.
In the case of annulment of this Contract before completion, from any cause, except that stated in Contractor's Right to Terminate, the Contractor, if notified to do so by the Owner, shall promptly remove any part of all of his equipment and supplies at the expense of the Contractor.
By submitting this response, you hereby designate the business name and address listed here as the office to which notices may be delivered or mailed.
Please provide the Employer Identification Number
Applicant must respond confirming they have received a copy of the Public Records Act, located in the attachment section.
The bidder hereby represents that he has carefully examined the drawings and the Contract, including all Contract Documents, and shall execute the Contract and perform all its items, covenants and conditions, all in strict compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his bid, agrees that he has examined and that he shall be held responsible for having heretofore examined the site, the location and route of all proposed work and for having satisfied himself as to the character of the route, the location, surface and underground obstruction, the nature of the ground water conditions, and all other physical characteristics of the work, in order that he may include the prices which he bid, all costs pertaining to the work and hereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructs which shall be encountered in doing the proposed work.
Each bid shall be accompanied by a Bid Security of no less than NO VALUE percent of the amount of the Bid Proposal.
The Bid Security shall consist of a Certified Check, a Cashier’s Check or a Bid Bond payable to the City of New Smyrna Beach ("Owner.)
A copy of the bid bond must be uploaded with the proposal response in the form of a Bid bond, certified funds or an irrevocable letter of credit in a sum equal to the amount of NO VALUE percent of the amount of the bid proposal. The proposer shall guarantee the total proposal price for a period of 60 days from the date of the proposal opening.
If requested by the City, bidders agrees to produce the hard copy of the original Bid Bond prior to the Notice of Recommendation or Commission Meeting. Failure to do so may result in the bid being deemed non-responsive.
Alternately a cash bond or cashiers’ check will be acceptable. All checks shall be made payable to the City of New Smyrna Beach on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, as a guarantee that the proposer, if its proposal is accepted, will promptly execute the Agreement.
If the vendor selects to submit a cashiers’ check or cash bond it must be received by the City no later than 5:00 pm EST on Wednesday, July 6, 2022. Please submit in a sealed envelope to the following address:
City of New Smyrna Beach
210 Sam's Avenue
New Smyrna Beach, Florida 32168
Attention Finance Department
Acknowledge that the awarded the selected Contractor shall be required to sign a standard City contract within four-teen (14) days of Notice of Selection for Award.
In addition, the Contractor must provide the following documents within fourteen (14) days upon execution an agreement. All of which are familiar to the Contractor and are component parts of the contract.
• Certificate of Insurance
• Performance/Payment Bond
Upon completion of the project, the Contractor shall provide the Owner with the Warranty of Title.
A. The below Firm certifies that it will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an on-going drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace.
b. The employer's policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs, and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of this contract be given a copy of the statement required by paragraph (a);
4. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under this contract, the employee will:
a. Abide by the terms of the statement; and
b. Notify the Employer in writing of any arrest for a violation of a criminal drug statute or driving under the influence no later than five calendar days after such arrest;
5. Notifying the City of New Smyrna Beach, in writing, within 10 calendar days after receiving notice under subparagraph (4)(b) from an employee or otherwise receiving actual notice of such arrest Consultants of arrested employees must provide notice, including position and title to: City Clerk/Administrator, City of New Smyrna Beach, 210 Sams Avenue, New Smyrna Beach, FL 32168.
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is arrested.
a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or
b. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (1), (2), (3), (4), (5) and (6).
As a duly authorized representative of the Vendor, I hereby certify that the Firm will comply with the above certifications.
Does your organization have a Drug Free Workplace Program?
Please upload any documentation/information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project here.
Please select one of the following statements.
By submitting a bid in response to this Invitation to Bid, you are certifying that your company, pursuant to 49 CFR Part 29: (1) is not presently suspended or debarred as, and/or listed on the U.S. General Services Administration’s System for Award Management (SAM) as such; and (2) will at all times remain eligible to bid for and perform the services subject to the requirements set forth herein and other applicable laws. Bidder agrees that any contract awarded to Bidder will be subject to termination by the City if Contractor or its subcontractors fail to comply or maintain such compliance.
Please upload as one (1) PDF file, a minimum of five (5) references for which the firm has provided services described in this bid within the last three (3) years. Include contracted services with governmental agencies. It is our intent to contact these references during the evaluation process.
Include the following information
Name of Reference
Point of Contact
Description of Services Provided
Dates of Services
Please upload as one (1) PDF document Completed required forms. Including notarized, non-notarized and signed addendums.
The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the contractor and sub-tier contractor from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
The Airport, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
Title VI Clauses For Compliance With Nondiscrimination Requirements:
Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.
Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
Withholding payments to the contractor under the contract until the contractor complies; and/or cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
Title VI List Of Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
I certify that I have read the Construction Safety and Phasing Plan (CSPP) and the Construction Safety and Phasing Details, pages GC101 and GC501 of the Contract Drawings, respectively, and if awarded this Contract, I will abide by its requirements as written. Additionally, I certify that I understand the requirements of FAA AC 150/5370-2, Operational Safety on Airports during construction, latest edition, and will adhere to its requirements as it relates to this Contract.