City of Stuart Downtown Courtesy Dock Replacement

The Project shall consist of the demolition of the existing 5,533 sq. ft. existing concrete floating dock and associated piling, and the furnish and installation of a new 7,590 sq. ft. fixed dock with associated pilings, 1,400 sq. ft. concrete floating dock with associated pilings, and 300 sq. ft. floating vessel platform with associated pilings.

Work shall include furnishing all labor, materials, and equipment, unless specified otherwise, to complete the work as specified and in accordance with the drawings, specifications, and other contract documents.

A proposed wave attenuator device is not within/part of this solicitation.

Background

The City of Stuart is in northern Martin County, Florida. The project lies within the St. Lucie River, which is part of the Okeechobee Waterway System. The site is approximately 1,200 feet downstream of the Roosevelt Bridge.  The proposed project site is located at the heart of Stuart, which is an increasingly popular suburban municipality featuring ten miles of waterfront. The courtesy docks will lead visitors directly onto the Riverwalk and into the unique pedestrian-friendly historic district, which includes a variety of free public resources such as restaurants, retail, parks and museums.  This proposed project will increase the number of boaters who can access the community via the water.

Project Details

• Reference ID: 2026-103
• Department: Public Works
• Department Head: Milton Leggett (Public Works Director)

Important Dates

• Questions Due: 2026-03-20T21:00:10.822Z
• Pre-Proposal Meeting: 2026-03-05T16:00:54.020Z — Annex Conference Room, 300 SW Saint Lucie Ave, Stuart, FL 34994

Addenda

• Official Notice #1: Pre-bid Meeting Sign In (released 2026-03-05T19:13:17.806Z)
• Addendum #1 (released 2026-03-26T16:38:34.273Z) —

  Addendum - Questions and answers

• Addendum #2 (released 2026-03-26T16:44:57.093Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• Submittal —

  Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification.

  The City of Stuart is registered with OpenGov Procurement, you may submit your bid electronically by registering on the City's e-Procurement Portal https://procurement.opengov.com/portal/stuartfl. Otherwise, all bids must be submitted in a sealed envelope plainly marked on the outside with the invitation to bid number, date and time of opening.

  If not submitting electronically then an original, two (2) copies and one (1) electronic copy (PDF format preferred) on a flash drive must be submitted in sealed envelopes/packages addressed to Purchasing Division, City of Stuart by the due date and time. Submittals received after that date and time will not be accepted or considered and will be retained in the Procurement Office unopened.

  It is the bidder’s responsibility to assure that Bids are received in the City of Stuart Procurement Office, 301 SE Ocean Blvd., Suite 303 Stuart, Florida 34994, not later than 3:00 pm, on the day and date shown above. Any received after this date and time will not be accepted or considered and will be returned unopened to the bidder. No telegraphic or facsimile offers will be considered.

• ARPA Definitions —

  The term “Professional”, as used throughout this document shall mean the Professional, Provider, Consultant, SubProfessional, etc., as applicable with respect to the Contract or Agreement.

  The term “Contract” as used throughout this document shall mean the underlying contract or agreement, as applicable.

• Delays —

  The City may delay scheduled due dates, if it is to the advantage of the City to do so. The City will notify bidders of all changes in scheduled due dates by written addenda submitted to the City.

• City of Stuart Downtown Courtesy Dock Replacement —

  The scope of work for the Project consists of the demolition of the existing 5,533 sq. ft. concrete floating dock and gangway, 45 sq. ft. existing access dock, (7) timber piles, (7) steel pipe piles, and (20) square concrete piles, as well as the furnish and installation of (245) 14 in. square concrete piles, (8) 18 in. square concrete piles, (23) 12 in. dia. timber mooring piles, 5 ft. x 45 ft. aluminum gangway, 1,400 sq. ft. of concrete floating dock, 7,590 sq. ft. of 5/4x6 IPE decking, 7,590 sq. ft. of pressure treated wood framing, (170) linear ft. of IPE guardrail, (51) safety ladders, (183) 6 in. rubber D-fenders, (190) 12 in. galv. dock cleats, (38) 12 in. galv. mooring pile cleats, (23) PVC conical pile caps for 12 in. dia. timber piles, (245) PVC conical pile caps for 14” square concrete piles, (8) PVC conical pile caps for 18” square concrete piles, (7) fire hose connection standpipes, (1300) linear ft. of 4 in. PVC sch. 80 water pipe, (22) 14 ft. light poles, 1500 linear ft. of 1” PVC sch. 80 conduit, and (10) 12 in. x 12 in. x 6 in. PVC sch. 80 pull boxes. Work shall include furnishing all labor, materials, and equipment, unless specified otherwise, to complete the work as specified and in accordance with the drawings, specifications, and other contract documents. A proposed wave attenuator device is not within/part of this solicitation.

• Compliance with Applicable Law and Regulations —

  Professional provides services that the City may apply to the State of Florida or the federal government for funds which will be used to pay Professional or reimburse the City for payments made to Professional. This amendment is in accordance with Code of Federal Regulations Section 2 CFR 200. The City and Professional agree that with respect to any services or work performed or provided by, Consultant, Professional or its Subprofessional’s under the Contract arising from or related to the American Rescue Plan Act (ARPA), the provisions set forth in this amendment (including requirements of registering on SAM.gov) (collectively, the “2CRF 200 Requirements”) shall apply. The ARPA Requirements shall only modify the Contract upon the provision by Professional of work or services required as a result of utilizing funds given from American Rescue Plan Act. The terms and conditions of the Contract and the ARPA Requirements should be read to operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and the ARPA Requirements, the ARPA Requirements shall govern and prevail.

  Compliance with Applicable Law and Regulations

  1. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
  2. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – (Section 1352, Title 31, U.S. Code prohibits recipients of federal funds--whether grants, contracts, cooperative agreements--from using those funds to lobby to obtain, extend, or modify a federal award.) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 . Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
  3. Contract Work Hours and Safety Standards Act 40 U.S.C. 3701-3708. Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5. Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
  4. Clean Air Act 42 U.S.C. 7401-7671q and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
  5. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
  6. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
  7. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
  8. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
  9. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
  10. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
  11. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
  12. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
  13. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
  14. Subpart C 200.116 Prohibition on certain telecommunications and video surveillance services or equipment.
      1. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:
         1. Procure or obtain;
         2. Extend or renew a contract to procure or obtain; or
         3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
            1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
            2. Telecommunications or video surveillance services provided by such entities or using such equipment.
            3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
      2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
      3. See Public Law 115-232, section 889 for additional information.
      4. See also § 200.471.
  15. Domestic preferences for procurements
      1. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
      2. For purposes of this section:
         1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
         2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
  16. 200.321 Contracting with small and minority business, women’s business enterprises, and labor surplus area firms.
      1. The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
      2. Affirmative steps must include:
         1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
         2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
         3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
         4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
         5. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (2)(a) through (e) of this section.
• Qualification Submission and Withdrawal —

  The City will receive all proposals at the following addresses:

  The City prefers electronic submission of bids and proposals. Please submit electronic responses via the City e-Procurement Portal https://procurement.opengov.com/portal/stuartfl. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

   

  If you would like to submit a paper copy please submit at the following address:

  Stuart City Hall

  Procurement Office

  301 SE Ocean Blvd., Suite 303

  Stuart, Florida 34994

  To facilitate processing, please mark the outside of the envelope as follows: 2026-103 “City of Stuart Downtown Courtesy Dock Replacement” The envelope shall also include the bidder's return address.

  If not submitting electronically, respondents must submit one (1) original and two (2) copies of the proposal submittal with each marked "COPY", and one (1) electronic copy (PDF format preferred) on a flash drive in a sealed envelope marked as noted above. A bidder may submit the proposal by personal delivery, mail, or express shipping service.

  THE CITY MUST RECEIVE ALL BIDS BY

  3:00 pm ON Thursday, April 2, 2026

  Due to the irregularity of mail service, the City cautions bidders to assure actual delivery of mailed or hand-delivered proposals directly to the City's Procurement Office, as specified above, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 288-5320, before proposal closing time. A proposal received by the City Procurement Office after the established deadline will be retained unopened.

  Bidders may withdraw their proposal submissions by notifying the City in writing at any time prior to the deadline for proposal submittal. Bidders may withdraw their submissions in person or by an authorized representative. Bidders and authorized representatives must provide the letter of withdrawal, picture identification, proof of authorization (in the case of authorized representatives) and provide the City with a signed receipt for the withdrawn proposal. After the deadline, proposals once opened, become a public record of the City and are subject to the provisions of the Florida Public Records Law. As such they are subject to public disclosure in accordance with Chapter 119, Florida Statutes.

• City Representative —

  Bidders are requested not to contact the City Commission, requesting/evaluating Departments or Divisions from the time of the issuance of the solicitation or advertisement until such time as the agency provides notice of an intended decision or until thirty (30) days after opening ‘the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions will be answered through the Procurement Division.

  Holly Vath

  Purchasing

  hvath@ci.stuart.fl.us

  (772) 288-5320

• Bidder’s Representations —
  • Bidder has carefully examined and studied, in detail, the Construction Contract, Construction Drawings, Project General Notes on Sheet CM-1.1, other related data identified in the Plans, and any subsequent addenda to this bid request.
  • Bidder has visited the Project site and become familiar with and is satisfied as to the general, local, site, and structure conditions that may affect cost, progress, and performance of the Work.
  • The Plans are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.
• Bid Opening —

  Bids will be opened and read aloud you may join by logging into:

   

• Addenda —

  https://procurement.opengov.com/portal/stuartfl register for an account via the City’s e-Procurement Portal hosted by ProcureNow. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/stuartfl

• LIQUIDATED DAMAGES —

  The Contractor shall pay to the party of the first part, as damages for non-completion of the work within the time stipulated for its completion, one hundred dollars ($100.00) for each and every day for the first thirty (30) days and five hundred dollars ($500.00) for each and every day thereafter, which may exceed the stipulated time for its completion, is hereby agreed upon, fixed and determined by the parties hereto as liquidated damages that the party of the first part will suffer by reason of such default and not by way of penalty. The party of the first part is hereby authorized to deduct the said sum (as specified above) from the moneys which may be due or become due said Contractor for the work under this contract, or as much thereof as the Owner may, at its own option, deem just and reasonable.

• Equal Opportunity —

  The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises.

• SITE INSPECTION —

  A. It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities.

  B. The contractor is to verify to his own satisfaction the figures appearing in these specifications. After award, no extra charge or compensation will be allowed by the City as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor.

• Withdrawal of Bids —

  Bids may not be withdrawn for a period of 30 days after the public opening date.

• Insurance —

  Proof of the following insurance will be furnished by the successful bidder by certificate of insurance, which name the City of Stuart its offices, board members, employees, and agents as additional insured on general liability & automobile liability insurance policies. The policies must be specifically endorsed to grant the City the same notification rights that it provides to the first named insured as respects cancellation and nonrenewal. The City by and through risk management department and in cooperation with the contracting department, reserves the rights to review, modify reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an AM Best rating of at least A-VII or better. When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not obligation, to review and request or audited financial statement.

  All contractors, including any independent contractors and subcontractors utilized must comply with the following insurance requirements:

  Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the professional and/or subcontractor providing such insurance.

  Workers’ Compensation: with limits equal to Florida statutory requirements. Employers’ liability must include limits of at least $100,000 each accident, $100,000 each disease/employee, $500,000 each disease/maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under federal workers compensation statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine act), proof of appropriate federal act coverage must be provided.

  If the contractor maintains higher limits than the minimums shown above, the City of Stuart requires and shall be entitled to coverage for the higher limits maintained by the contractor.

  Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City’s Risk Management department.

  Commercial General Liability: insurance, Occurrence Form – ISO CG 0001 or equivalent, including Contractual Liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

  1. Each occurrence $2,000,000
  2. Personal/advertising injury $1,000,000
  3. Products/completed operations aggregate $3,000,000
  4. General aggregate $10,000,00
  5. Fire damage $100,000 Any 1 fire
  6. Medical expense $10,000 Any 1 person

  An additional insured endorsement must be attached to the certificate of insurance and must include coverage for completed operations (ISO forms CG2010 & CG2037) under the General Liability policy. Products & Completed Operations coverage to be provided for a minimum of 10 years date of possession by owner or completion of contract. Coverage is to be written on an occurrence form basis and shall apply as primary and non-contributory. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation is to be provided in favor of the City of Stuart. Policy shall contain no exclusion for third party action-over claims (injury to subcontract workers). If applicable, there shall be no exclusion for EIFS. Coverage should extend to independent contractors and fellow employees. Contractual liability is to be included. Any cross-liability exclusion should not extend to Additional Insured’s.

  Any subcontractors or independent contractors utilized must list the City of Stuart as additional insured including completed operations (ISO Forms CG 2038 & CG 2037).

  Business Auto Liability: Must cover any auto (all owned, hired, and non-owned autos) with limits of not less than $1,000,000 per accident. In the event bidder does not own any automobiles, the City of Stuart will accept proof of hired and non-owned auto liability only. Certificate holder must be listed as additional insured. A waiver of subrogation must be provided. Coverage should apply on a primary basis.

  Insurance Requirements:– Fifteen (15) days prior to the commencement of any Work under the Contract Documents, a certificate of insurance shall be provided to the City of Stuart for review and approval. The certificate shall provide that: (a) City of Stuart as Owner and named as an additional insured on the commercial general liability, auto liability, and Contractor’s Builders’ Risk “All Risk” insurance policies; (b) the Contractor’s insurance coverage shall be primary; and (c) City of Stuart as Owner and will be given thirty (30) days’ notice prior to cancellation or modification of any required insurance and such notice shall be in writing by registered mail, return receipt requested and addressed to the City of Stuart. The Contractor shall be responsible to ensure that all subcontractors comply with all insurance requirements of the Contract Documents.

  All coverage shall be maintained without interruption from the date of commencement of the Work and remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07 of the General Conditions. In addition, with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, such insurance shall remain in effect for at least two years after final payment. Contractor shall furnish Owner and Engineer with evidence satisfactory to Owner of the continuation of such insurance at final payment and again one year thereafter, so that Owner is assured of such continuing coverage.

  All insurers must be authorized to do business in Florida and have a Best Key Rating of A- VII.

  Certificates of Insurance: The Proposer, upon notice of award, will furnish Certificate of Insurance Forms. These shall be completed by the authorized Resident Agent and returned to the Purchasing Office. This certificate shall be dated and show:

  1. The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date.
  2. Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.
  3. The City of Stuart and Consultant is to be specifically included as an ADDITIONAL INSURED on General Liability Insurance, Business Automobile Liability Insurance, and Contractor’s Builders Risk “All Risk” insurance policies.
  4. The City of Stuart shall be named as Certificate Holder. Please Note that the Certificate Holder should read as follows:
     1. City of Stuart 121S.W. Flagler Avenue Stuart, FL 34994
  5. No City Division, Department, or individual name should appear on the certificate. NO OTHER FORMAT WILL BE ACCEPTABLE.
  6. The “Acord” certification of insurance form should be used.

  Additional Insurance Requirement

  Bidder shall attach sample certificate of insurance exhibiting coverage, including, but not limited to the following:

  • Longshore and Harbor Worker’s liability and Jones Act in addition to Employer’s Liability.
  • Marine liability including Hull and Machinery, Protection and Indemnity, and Vessel Pollution.
• Protest —

  Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in accordance with section 20 of the Procurement Manual, which can be found on the City of Stuart webpage. 

• EQUIPMENT —

  Equipment to be utilized by the successful bidder to perform, as detailed herein must be approved by the Public Works Director; or his designee. The contractor specifically agrees to remove and replace any equipment judged by the City to be poorly operating excessively noisy or dirty or in any other meaningful way disturbing to the public welfare.

• INSPECTION AND DIRECTION —

  The work will be conducted under the general direction of the Public Works Director or designee, and is subject to inspection to insure compliance with the terms of the bid. The Public Works Director or designee will make final inspection of the work covered by this contract when it is completed and finished in all respect in accordance with specifications and must be approved before payment is made. The contractor will notify the City upon completion of replacement, repair or maintenance and the City agrees to provide inspection of the reported work within two (2) working days following the report of work completion. Any work found to be unsatisfactory by the City shall be reported to the contractor within that same period. The contractor agrees to finish all work to the satisfaction of the City, at no additional cost, prior to receiving payment for such work.

• Public Entity Crimes —

  A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit proposals or contract with the City for construction of a public building or public works; may not submit bids for leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided for in s. 287 for CATEGORY TWO for a period of 36 months from the date being placed on the convicted vendor list. Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (850) 488-8440.

• Questions and Answers —

  The City will not respond to oral inquiries. Bidders shall submit all inquiries regarding this bid via the City’s e-Procurement Portal, located at https://secure.procurenow.com/portal/stuartfl. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

  All proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to opening of the proposals.
  
  Respondents may not contact any, City employee or City elected official during this solicitation process. All questions or requests for clarification must be routed through the e-procurement portal.

• INVOICING AND PAYMENT —

  The City requires a firm price for each contract period. Invoices will be checked to confirm compliance with quoted pricing. Failure to hold prices firm through each contract term will be grounds for contract termination. Payment will be made upon completion and acceptance of the work, net 30 days.

• Suspended Vendor —

  http://dms.myflorida.com/business_operations/state_purchasing/vendor_information or List will not be considered for award. The Suspended Vendor List is available on the State’s website at:

  http://dms.myflorida.com/business_operations/state_purchasing/vendor_information

• Addenda —

  https://procurement.opengov.com/portal/stuartflo register for an account via the City’s e-Procurement Portal hosted by OpenGov Procurement. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/stuartfl.

• Assignment & Subcontracting —

  The successful bidder will not be permitted to assign its contract with the City without obtaining prior written approval of the City of Stuart. If a vendor subcontracts any portion of a contract for any reason, the bidder must include, in writing the name and address of the Subcontractor. Name of the person to be contacted, include telephone number and extent of work to be performed. This information is to be submitted with bid response. If vendor should need to change subcontractor information, changes are subject to the approval by the City. The City reserves the right to reject a proposal of any bidder if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award.

• BUSINESS OPERATIONS —

  A. Hours of Operation: Unless otherwise directed by the Public Works Director; or his designee, the successful Contractor(s) shall insure that the following schedule is adhered to and services as required must be scheduled to insure that all work occurs between the hours of 7:00 AM and 5:00 PM; All work performed outside of hours of operation must be approved in advanced by an authorized representative of the City.

  B. Inclement Weather Conditions: Upon approval by the Public Works Director or designee, the Contractor may cease operations of services during inclement weather conditions.

  C. Observed Holidays New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day & Day After, Christmas Eve & Day.

• PUBLIC SAFETY AND CONVENIENCE —

  In the Contractor’s use of streets and parking lots for the work to be done under these specifications, he/she shall conform to all Municipal, County, State and federal laws and regulations as applicable. The Contractor shall at all times so conduct his/her work so as to ensure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages of work, and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property, in a manner satisfactory to the Public Works Director or appointed designee. There shall be no obstruction of the travel lanes between the hours of 7:00-9:00 am and 4:00-6:00 pm without approval from the Public Works Director or designee.

• Public Records —

  Bids become “public records” and shall be subject to public disclosure consistent with Chapter 119.07 Florida Statutes. Document files may be examined, during normal working hours by appointment. Requested information in this ITB will not be considered confidential and/or proprietary.

  PUBLIC RECORDS LAW: Public Records Relating to Compliance, Request for Records; Noncompliance, & Civil Action

  Note: 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 office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at cityclerk@ci.stuart.fl.us, City of Stuart, City Clerk 121 SW Flagler Avenue, Stuart, Fl. 34994 per F.S. 119.12.

  In compliance with F.S. 119.0701 the Contractor shall:

  1. Keep and maintain public records required by the public agency to perform the service.
  2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
  3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.
  4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

  A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.

  If a contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract.

  A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F.S. 119.10.

  If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if:

  1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and
  2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor.

  A notice complies with subparagraph 2 above, if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.

  A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement.

• PROTECTION OF PROPERTY —

  The Contractor shall provide all signs, barricades, and/or flashing lights, and take all necessary precautions to protect buildings and personnel. All work shall be complete in every respect and accomplished in a satisfactory, workmanlike manner. The Contractor shall at all times guard against damage or loss to the property of the City of Stuart, including but not limited to safeguard sidewalks, curbing, road surfaces and motor vehicles on or around all job sites. Damage to public or private property shall be the responsibility of the Contractor and shall be held responsible for replacing or repairing any such loss or damage at the expense of the Contractor. The City of Stuart may withhold payment or make such deductions, as deemed necessary, to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or their agents.

• Delivery —

  Product delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default.

  Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination.

• Business Registration —

  Bidders seeking to do business with Martin County (that fall under the categories listed below) shall, before award of contract, be registered, or shall have applied for registration, with the Florida Department of State, Division of Corporations in accordance with the provisions of Chapter 607 and/or 620, Florida Statutes (https://dos.myflorida.com/sunbiz/): • Corporations [foreign or domestic]

  • Limited Liability Companies (LLC)

  • Non-profits

  • Partnerships

  Doing Business As [DBA] - If the Bidder’s name stands apart from the owner’s or partners’ personal legal name, or the officially registered name of an LLC or corporation, the Bidder, before award of contract, shall be registered as a fictitious name with the Florida Division of Corporations in accordance with the provisions of Chapter 865, Florida Statutes. The above requirements are also applicable to all subcontractors proposed in the bid submittal.

• Licenses —

  Bidders shall, at the time of submitting a bid in response to this solicitation, be licensed by the appropriate federal, state and local regulatory agencies as it relates to Bidders’ profession or business. Bidder shall provide proof of certification and/or registration as a Contractor by the State of Florida applicable to the work required in the solicitation.

  The above requirements are also applicable to all subcontractors proposed in the bid submittal.

• Right to Reject —

  The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City.

• TIME OF STARTING WORK —

  The work embraced in this contract shall be actively begun within ten days after notice has been given by the Public Works Director or Owner to commence construction. The work shall be carried on regularly and uninterruptedly with sufficient force to ensure its completion within the time specified in the bid. Days when weather conditions prevent the continuance of the work shall not be charged against the contract time. Failure to do so shall render the Contractor liable to the City of Stuart in the amount of one hundred dollars ($100.00) as liquidated damages for each and every day's delay in commencing work. For reasons satisfactory to the Owner, said Owner may, at its own option, waive any claims on the Contractor for damages here referred to. The Contractor shall be responsible for the protection of property in the areas in the adjacent vicinity of the project(s); and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism.

• Miscellaneous —

  https://procurement.opengov.com/portal/stuartflthe terms and conditions of this solicitation.

  Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed.

  All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation.

  The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitations.

  Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder.

  Bids may be received up to but not later than Thursday, April 2, 2026 at 3:00 pm via the City’s e-Procurement Portal located at https://secure.procurenow.com/portal/stuartfl. The City’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Stuart strongly recommends completing your response well ahead of the deadline.

  Failure to comply with these instructions may result in disqualification of your bid.

• ACCESSIBILITY STANDARDS —

  In respect to the supply and/or installation of the services and/or items as outlined under this bid/contract; the Bidder/Contractor certifies that the work will be done or the item provided is in compliance with the applicable ADA Standards and/or in compliance with the Florida Accessibility Code for Building Construction. All applicable shop drawings will be submitted for review to ensure that the product or the work as required by this bid is in compliance with the applicable ADA Standards and/or in compliance with the Florida Accessibility Code for Building Construction.

• Business Tax Receipt —

  Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the bid.

• SUSPENSION OF WORK DUE TO WEATHER —

  During inclement weather, all work which might be damaged or rendered inferior by such weather conditions shall be suspended. The orders and decisions of the Public Works Director as to suspension shall be final and binding. During the suspension of the work for any cause, it must be suitably covered and protected so as to preserve it from injury by the weather or otherwise. If the Engineer shall so direct, the rubbish and surplus material shall be removed.

  The Contractor shall not be entitled to any extension of time for delays resulting from weather unless the Contractor has requested, in writing, to the City by 11 am the day of the weather delay. If the Public Works Director or Owner orders the suspension of work due to inclement weather, the Contractor shall receive an extension of time for the full period when such suspension is in effect until the suspension is lifted by the Public Works Director or Owner

• Other Governmental Entities —

  When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms, conditions, and prices of the bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity.

• CONTRACTOR’S UNDERSTANDING —

  The party of the second part hereby admits and agrees that he has carefully read and considered the instructions to bidders herewith, and that he has made his proposal and hereby makes this Contract with full knowledge and acquiescence therein.

• Contract Amendment —

  The City reserves the right to delete, add or revise locations under this proposal at any time during the contract term when and where deemed necessary. If any locations are added or deleted from the contract, the rate quoted shall be used to determine the adjusted contract price.

• SUBCONTRACTOR —

  The Contractor shall not sublet the whole or any part of the work without the written consent and approval of the Procurement & Contracting Services Manager. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the Procurement Manager, a list of all subcontractors. No work shall be done by any subcontractor until such subcontractor has been officially approved by the Procurement Coordinator. A subcontractor not appearing on original list will not be approved without written request submitted to the Procurement Coordinator and approved by the Owner. In all cases, the Contractor shall give his personal attention to the work of the subcontractors and the subcontractor is liable to be discharged by the Engineer for neglect of duty, incompetence or misconduct.

• Non Exclusive Contract —

  CONTRACTOR agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option.

• Project Limitations —

  Parking & Access:

  • Construction staging shall be limited to the area illustrated on Figure 1 below. Additional parking and access to be coordinated with the City of Stuart.
  • Large material deliveries such as concrete pile, timber pile, lumber, etc. shall be delivered off-site and transported to the site via barge or other means and shall not be delivered through downtown City of Stuart.

  

  • • • Figure 1: Construction Staging 
• Estimated Quantities —

  It shall be understood and agreed that quantities designated herein are estimated only and may be increased or decreased in accordance with the actual requirements of the City. The City may require modifications and changes to this contract, as it relates to quantities, areas, frequency of services and specified services. The Contractor shall provide the City with the cost for such additional services. All rates shall be in accordance with the unit cost structure submitted by the contractor and accepted by the City.

• START OF WORK AND TIME FOR COMPLETION —

  It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this contract. By submitting a proposal response, successful respondent agrees to start the work within ten (10) days of issuance of Notice to Proceed. All performance of the Contract Work shall be completed as follows: substantial completion within two hundred seventy-five (275) calendar days, final completion within three hundred five (305) calendar days of the date of issuance of the NTP. Commencement of the Contract Work by the Contractor shall be deemed a waiver of the NTP and shall constitute the date of commencement for the purpose of the completion deadline.

  Substantial Completion- Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work for its intended use.

  Final Completion- Completion of the Project is achieved when the Engineer determines that the Work is complete and ready for Final Payment following all completed items on the “punch list”, contract compliance, and all required documentation has been submitted.

   

• Default —

  In the event that the Contractor cannot respond adequately to the needs of the City by reason of equipment failure or any other reason, the Contractor shall advise the City, as soon as possible, and further advise as to the length of said inability. The City may then consider said inability to be a breach of this Contract and may undertake the necessary work through its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract.

• CONTRACTOR DUTIES —

  a. Mobilization and demobilization.

  b. Coordination and scheduling of work.

  c. Maintenance of Traffic (pedestrian and vehicular)

  d. Labor, materials, and equipment.

  e. Tools, construction equipment, and fuel.

  f. Electric, water and utilities required for construction.

  g. Freight and sales tax.

  h. Testing and laboratory services.

  i. Surveying and field engineering.

  j. Record Drawings in a format acceptable to the Engineer/Owner. Information will be used by the Engineer for any Permit Certification Requirements.

  k. Compliance with all the conditions of the permits issued for this project.

  l. Any other incidental labor, materials, and equipment required to construct the project.

  m. Maintain an accurate record of communication and coordination with the owner for all scheduling, installation, and all other items.

  WORK SEQUENCE

  A. Sequence of work will be discussed with the Owner, Engineer, Contractor, and decided prior to the start of the project. The contractor shall proceed in a manner that is logical for the progression of work.

  B. Certain areas may be assigned priority to accommodate Owner's needs.

  C. Work shall only be performed during the authorized construction days/hours as specified by the City of Stuart.

  CONTRACTORS RESPONSIBILITIES

  1. Review and incorporate Owner-reviewed shop drawings, product data, and samples into the construction of the project.

  2. Receive and unload products at site or off-site storage yard; inspect for completeness or damage jointly with Owner.

  3. Repair or replace items damaged after receipt.

  4. Arrange and pay for product delivery to site.

  5. Handle, store, and install delivered products.

  6. Submit claims for transportation damage and replace damaged, defective, or deficient items.

  7. Arrange for manufacturers' warranties, inspections, and service.

  CONTRACTOR'S USE OF THE PREMISES

  A. All work shall be within the limits of the property as shown on the plans. Work beyond the limits of this project shall be coordinated closely with the City of Stuart during the construction. 

  B. Contractor shall be responsible for maintenance of traffic when working.  

  C. The contractor shall maintain vehicular and pedestrian access to the driveway entrances to the greatest extent practical. Exceptions will be made on a case by case basis to facilitate the work.

  PERMITS REQUIRED

  Contractor shall prepare, submit, procure and obtain the appropriate permits from the City of Stuart including City of Stuart Building Department permits.

• Background Information —

  As part of the evaluation process, the City reserves the right, to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the qualifications and abilities of the Bidder, including past performance (experience) with the City by the Bidder or any of their Owners.

• Competency of Respondents —

  Proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this ITB and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City.

• Extra Work —

  The City may, at any time by a written order and without notice to the sureties, require the performance of such extra work as it may find necessary or desirable arising out of the modification of the specification or plans. An order for extra work shall be valid only by an executed change order. All work so ordered must be performed by the Contractor. The amount of compensation to be paid to the Contractor for any work so ordered shall be determined as follows:

  A. By such applicable unit prices, if any, as are set forth in the contract; or

  B. If no such unit prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the City and the Contractor; or

  C. If no such unit prices are so set forth in the contract and if the parties cannot agree upon a lump sum or other unit prices, then by the actual net cost in money to the Contractor of the extra work performed and the cost shall be determined as follows:

  1) For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon, to which shall be added an amount equal to 15 per cent of the sum thereof which shall be considered and accepted as full compensation for general supervision and the furnishing of small tools and miscellaneous equipment used, such as picks, shovels, hand pumps, and similar items.

  2) For all materials used, the Contractor shall receive the actual cost of such materials delivered at he site and previously approved delivery point as established by original receipted bills. No percentage shall be added to this cost.

  3) For special equipment and machinery such as power-driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economic performance of the authorized work, the Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. No percentage shall be added to this sum.

  4) The Contractor's profit shall be computed by taking 10% of the sum of Items 1 and 2. The total cost of performing this extra work shall be the sum of Items 1, 2, 3, and 4.

  Records of extra work done, if any, shall be reviewed at the end of each day by the Contractor or his representative and the Engineer, duplicate copies of accepted records made and signed by both the Contractor or his representative and the Engineer, and one copy retained by each.

  Claim for payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills.

  Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless the same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed.

• Bond Guarantee —

  A proposal guarantee must be submitted with the proposal, if the total amount proposed exceeds $50,000.  The bond shall be in an amount equal to ten percent (10%) of the total amount.  The guarantee may be in the form of a Surety Bond with a carrier duly licensed and authorized to do business in the State of Florida, a Cashier's Check or a Certified Check (checks made payable to The City of Stuart).  Purpose of the proposal guarantee is to assure the apparent low, responsive and responsible bidder will enter into a contract to provide the described services.  Should the bidder not enter into a contract the proposal guarantee shall be retained by the City to defray the additional costs of either awarding to the second low, responsive and responsible bidder or re-advertise and re-solicit the project. *If e-bidding, bidder shall upload a copy of the bond to OpenGov Procurement (Procurement Portal (opengov.com). Failure to provide bid bond may deem the bid non-responsive.

• Payment & Performance Bonds —

  The successful bidder, when awarded a contract, will be required to furnish payment and performance bonds with a carrier duly licensed and authorized to do business in the State of Florida, equal to one hundred percent (100%) of the total amount of the contract to assure faithful performance and timely payments to all persons providing labor, materials or supplies used in the performance of the work.

• Permits —

  The Contractor is responsible for applying for and procuring/obtaining any and all required City of Stuart permits (i.e.: construction/building, electrical, utility, etc.) as required by the City of Stuart Building Official.   The Contractor should take every precaution that he/she is aware of the cost of all required permit fees and should include those costs in his bid in the appropriate item.

• Liquidated Damages —

  The Contractor shall pay to the party of the first part, as damages for non-completion of the work within the time stipulated for its completion, one hundred dollars ($100.00) for each and every day for the first thirty (30) days and five hundred dollars ($500.00) for each and every day thereafter, which may exceed the stipulated time for its completion, is hereby agreed upon, fixed and determined by the parties hereto as liquidated damages that the party of the first part will suffer by reason of such default and not by way of penalty.

  The party of the first part is hereby authorized to deduct the said sum (as specified above) from the moneys which may be due or become due said Contractor for the work under this contract, or as much thereof as the Owner may, at its own option, deem just and reasonable.

• Suspension of Work Due to Weather —

  During inclement weather, all work which might be damaged or rendered inferior by such weather conditions shall be suspended. The orders and decisions of the Public Works Director as to suspension shall be final and binding. During the suspension of the work for any cause, it must be suitably covered and protected so as to preserve it from injury by the weather or otherwise. If the Public Works Director shall so direct, the rubbish and surplus material shall be removed.

  The Contractor shall not be entitled to any extension of time for delays resulting from weather unless the Contractor has requested, in writing, to the City by 11 am the day of the weather delay. If the Owner or Public Work Director orders the suspension of work due to inclement weather, the Contractor shall receive an extension of time for the full period when such suspension is in effect until the suspension is lifted by the Owner.

Submission Requirements

• Contact Information —

  Please download the below documents, complete, and upload.

• Proposal Checklist —

  Please download the below documents, complete, and upload.

• Certification (required) —

  The Respondent certifies that as a condition of bidding he will hold good his proposal prices for a minimum period of ninety (90) calendar days from the date proposals are opened.

  The undersigned Respondent hereby certifies that the terms and conditions, including but not limited to, the scope of work have not been altered or modified in any manner. Any modification to this solicitation by the proposer will result in Proposer’s response being found non-responsive and thereby disqualified.

  The undersigned Respondent hereby certifies that he has received all the Addenda listed below and has incorporated them into his proposal listed herein. Failure to acknowledge any and all addenda may render the proposal non-responsive, and no further evaluation of the proposal will occur.

  I do herby confirm the above information as valid and true:

• Safety Standards Certification (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• References Form (required) —

  Please download the below documents, complete, and upload.

• Schedule of Subcontractors Participation (required) —

  Please download the below documents, complete, and upload.

• Sworn Statement Pursuant to Section 287.133(3)(a) (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Drug-Free Workplace Certification (required) —

  Please download the below documents, complete, and upload.

• Public Entity Crimes (required) —

  Please download the below documents, complete, and upload.

• Suspended Vendor List (required) —

  City of Stuart, FL will verify that your company name is not on this list:

  https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/suspended_vendor_list

  Please identify your legal company name here:

• Scrutinized List of Prohibited Companies List (required) —

  City of Stuart, FL will verify that your company name is not on this list:

  https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/suspended_vendor_list

  Please identify your legal company name here:

• Do you affirm and represent that you are registered with E-Verify System and are using same, and will continue to use the same as required by Section 448.095, Florida Statute? (required) —

  By entering into a contract with the City of Stuart, you are
  obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Further, by your entering into a contract, you affirm and represent that you are registered with the E-Verify system and are using same,and will continue to use same as required by Section 448.095, Fla. Stat.Compliance with Section 448.095, Fla. Stat., includes, but is not limited to,utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.”

• Certificate of Insurance (required) —

  Upload your certificate of insurance

• Bid Bond (required) —

  Upload your bid bond

• Electronic Pricing Table (required) —

  Would you like to utilize the electronic pricing table?

• ARPA Funding (required) —

  Will you require ARPA funding for this project?

  If yes, ARPA terms and conditions will be added.

  If no, ARPA terms and conditions will be hidden.

• Is this related to SRF loan? (required) —

  Will SRF funds be used for this project?

Questions & Answers