1-RFP.pdf

MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

Request for Proposals For Organic Removal and Backfilling

Canal #82, Key Largo Monroe County, FL

BOARD OF COUNTY COMMISSIONERS

Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2

Craig Cates, District 1 David Rice, District 4

Holly Merrill Raschein, District 5

COUNTY ADMINISTRATOR CLERK OF CIRCUIT COURT

Christine Hurley Kevin Madok

November 2025

PREPARED BY:

Rhonda Haag – Sustainability Department

CANAL 82 ORGANIC REMOVAL AND BACKFILLING, KEY LARGO, MONROE COUNTY, FL

TABLE OF CONTENTS Page 2 of 207

TABLE OF CONTENTS

TABLE OF CONTENTS

NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS

SECTION 00030 - PROJECT GENERAL INFORMATION

SECTION 00100 - INSTRUCTIONS TO PROPOSERS

SECTION 00110 - PROPOSAL FORMS

SECTION 00120 - INSURANCE REQUIREMENTS AND FORMS

SECTION 00163 - PRE-PROPOSAL SUBSTITUTIONS

SECTION 00230 - SITE SURVEY

SECTION 00300 - SCOPE OF WORK

SECTION 00350 - MILESTONE SCHEDULE/LIQUIDATED DAMAGES

SECTION 00500 - SAMPLE AGREEMENT

SECTION 00750 - GENERAL CONDITIONS OF THE CONTRACT

SECTION 00970 - PROJECT SAFETY AND HEALTH PLAN

SECTION 00980 - CONTRACTOR QUALITY CONTROL PLAN

SECTION 00990 - SPECIAL CONDITIONS

SECTION 01010 - SUMMARY OF THE WORK

SECTION 01015 - CONTRACTOR’S USE OF PREMISES

SECTION 01027 - APPLICATION FOR PAYMENT

SECTION 01030 - ALTERNATES

SECTION 01040 - PROJECT COORDINATION

SSECTION 01050 - FIELD ENGINEERING

SECTION 01200 - PROJECT MEETINGS

SECTION 01301 - SUBMITTALS

SECTION 01310 - PROGRESS SCHEDULES

SECTION 01370 - SCHEDULE OF VALUES

SECTION 01385 - DAILY CONSTRUCTION REPORTS

SECTION 01395 - REQUEST FOR INFORMATION (RFI)

SECTION 01400 - QUALITY CONTROL

SECTION 01410 - TESTING LABORATORY SERVICES

SECTION 01421 - REFERENCE STANDARDS AND DEFINITIONS

SECTION 01500 - TEMPORARY FACILITIES

SECTION 01520 - CONSTRUCTION AIDS

SECTION 01550 - ACCESS ROADS AND PARKING AREAS

SECTION 01560 - TEMPORARY CONTROLS

SECTION 01590 - FIELD OFFICES AND SHEDS

TABLE OF CONTENTS Page 3 of 207

SECTION 01595 - CONSTRUCTION CLEANING

SECTION 01600 - MATERIAL AND EQUIPMENT

SECTION 01630 - POST-CONTRACT SUBSTITUTIONS

SECTION 01640 - PRODUCT HANDLING

SECTION 01700 - CONTRACT CLOSEOUT

SECTION 01710 - FINAL CLEANING

SECTION 01720 - PROJECT RECORD DOCUMENTS

SECTION 01740 - WARRANTIES

Exhibit A Design Drawings

Exhibit B Engineering and Environmental Report

Exhibit C Bathymetric Survey File

Exhibit D Permits

Exhibit E FDEP Grant KG006

PROJECT GENERAL INFORMATION 00030-Page 4 of 232

NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS

NOTICE IS HEREBY GIVEN that on Wednesday, January 7, 2026, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following:

Organic Removal and Backfilling for Canal #82, Key Largo Monroe County, Florida

Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. The Public Record is available upon request.

Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not e m a i l , mail or attempt to deliver in person any sealed bids.

Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.

The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than 3:00 P.M.

on Wednesday, January 7, 2026. There is no cost to the bidder to use the Bonfire platform.

Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered in Bonfire, the bid amount listed in the “Proposal Form” provided by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity.

The bid opening for this solicitation will be held virtually, via the internet, at 3 : 0 0 P . M . , on Wednesday, January 7, 2026. You may call in by phone or internet using the following:

Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156

Meeting ID: 4509326156 One tap mobile:

+16465189805,,4509326156# US (New York) +16699006833,,4509326156# US (San Jose)

Dial by your location:

+1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) http://www.floridapublicnotices.com/ https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids

PROJECT GENERAL INFORMATION 00030-Page 5 of 232

Publication Dates

Keys Citizen: Sat., 11/22/2025 Keys Weekly: Thur., 12/04/2025 News Barometer: Fri., 12/05/2025

PROJECT GENERAL INFORMATION 00030-Page 6 of 232

SECTION 00030 – PROJECT GENERAL INFORMATION

The Canal #82 Organic Removal and Backfilling project is a continuation of the canal restoration program in accordance with the Florida Department of Commerce canal restoration work as detailed in Objective 202.4, Policy 202.4.3 and Policy 202.4.7, Monroe County Comprehensive Plan. The migration of weed wrack into the canal has resulted in the accumulation of organic material that has decomposed into organic muck that consumes the dissolved oxygen present in the canal, thus preventing the ability of the canal to properly support marine life. The organic muck removal activities are to be completed to remove the oxygen depleting organic materials. The backfilling activities are to be completed so that a natural benthic community can be established. Canal #82 is located on the Atlantic side of US-1 on Key Largo running parallel between residential roads, Lobster Lane and Bonito Lane. The work is solely funded by FDEP Grant #KG006.

No additional funds are available.

Background: The Water Quality Protection Program (WQPP) Action Plan for the Florida Keys National Marine Sanctuary identified impaired water quality in residential canals as a priority for corrective action. Canal restoration is an important and vital step in the County’s continued dedication to improve the overall quality of our nearshore waters and will have a beneficial impact on the canal’s surrounding property values.

Monroe County has evaluated and ranked 96 canal restoration projects in unincorporated Monroe County for water quality improvement and restoration options. Canal #82 in Rock Harbor is one of the selected canals. The scope of the project includes muck removal and backfilling of limerock and sand. The goal of the proposed improvements is to restore the impaired waters of the canal by increasing dissolved oxygen levels to meet state water quality standards for Class III marine waters pursuant to Section 62-302.533, Florida Administrative Code and encourage growth of seagrass and other benthic resources as well as prevent sargassum from falling out onto the canal bottom. Proposed construction methodologies will include the implementation of best management practices (BMP) such as turbidity booms, silt fencing, and monitoring by trained field personnel to ensure that all protected marine life is safeguarded during construction activities.

Monroe County partnered with Florida International University (FIU) to assess the effectiveness of the various technologies implemented by Monroe County and its partners by comparing treated canals against nearby, unaltered controls over a period of three years.

Based on data collected during the limited monitoring period, FIU made the following conclusions about the organic removal and backfilling technology(s):

Organic removal: The removal of organic material from the canal bottom showed immediate and drastic improvements in environmental conditions, though observations suggest further steps may need to be taken to preserve the conditions that this technology quickly generated.

Backfilling: This technique resulted in an immediate change in the canal’s water quality by significantly improving the water column’s DO content. The decreased water depth allowed light to penetrate to the sediment. As a result, there were measurable increases in benthic vegetation, fish diversity and abundance and inhabitants of the sea walls.

Note a non-mandatory pre-bid meeting will be held. Details on the next page.

PROJECT GENERAL INFORMATION 00030-Page 7 of 232

A non-mandatory pre-bid conference will take place at 10:00 a.m. on Thursday, December 18, 2025 at the following link:

Join Zoom Meeting https://mcbocc.zoom.us/j/2905510199?omn=83227605852&from=addon

Meeting ID: 290 551 0199

One tap mobile +16465189805,,2905510199# US (New York) +16699006833,,2905510199# US (San Jose)

Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose)

Meeting ID: 290 551 0199

End of Section 00030 https://mcbocc.zoom.us/j/2905510199?omn=83227605852&from=addon

INSTRUCTION TO PROPOSERS 00100-Page 8 of 232

SECTION 00100 - INSTRUCTIONS TO PROPOSERS

To be considered, Proposals must be made in accordance with these Instructions to Proposers.

ARTICLE 1

DEFINITIONS

1.1 Terms used in these Instructions to Proposers, which are defined in the General

Conditions, shall have the same meanings or definitions as assigned to them in the General Conditions.

1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the Work for the sums stated therein, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Proposal Documents. In Request for Proposals, the word “Bid” is used interchangeably for “Proposal” or “Response”.

1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees or consultants prior to the receipt of Proposals, which modify or interpret the Proposal Documents by additions, deletions, clarifications, or corrections.

1.4 Allowance is a given amount to be included in the Proposer’s proposal. From this

Allowance, payments will be made to the vendor for the specified service or project. If the contractor is responsible for making payments, he will be reimbursed for the payments to the vendor via presentation of invoices in his monthly payment application. Allowance includes labor, materials, installation, permits, etc.

1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described in the Proposal Documents, is accepted.

1.6 Engineer is the Engineering firm hired by the County to design and/or oversee the project.

For this project, the County Engineering Consultant is WSP USA (“WSP”).

1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to perform the Work described in the Proposal Documents as the base, to which may be added or from which Work may be deleted for sums stated in Alternate Proposal or Owner Option Proposals.

1.8 Proposer is a person or entity who submits a Proposal.

1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to

Proposers, Proposal, Pre-Proposal Substitutions, Scope of Work, Milestone Schedule and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In

INSTRUCTION TO PROPOSERS 00100-Page 9 of 232 the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed.

1.10 Local (Not Applicable)

1.11 “Owner” is synonymous with “Monroe County”.

1.12 “Perform” means to comply fully with the specified or implied requirements.

1.13 “Provide” means “furnish and install”. Wherever “provide” or “furnish and install” are used, this shall mean the purchase and complete installation, and all purchasing requirements and procedures, as per the specified or implied requirements.

1.14 Sub-bidder is a person or entity who submits a bid to a Proposer for materials or labor for a portion of the Work.

1.15 “Unit Price” means an amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Proposal Documents or in the proposed contract documents. Unit prices shall apply to change orders.

ARTICLE 2

COPIES OF PROPOSAL DOCUMENTS

2.1 Proposers may obtain complete sets of the Proposal Documents from the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids.

2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals.

Neither the Owner nor Sustainability Manager, nor their agents, nor the Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed

Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses will result in a non-responsive proposal.

ARTICLE 3

EXAMINATION OF PROPOSAL DOCUMENTS AND SITE

3.1 Before Submitting a Proposal:

3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents.

3.1.2 Each Proposer shall visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress, or performance of the Work.

3.1.3 Ignorance on the part of the Proposer shall in no way relieve it of the obligations and responsibilities assumed under this Proposal.

http://www.monroecounty-fl.gov/BonfireBids

INSTRUCTION TO PROPOSERS 00100-Page 10 of 232

3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should it be in doubt as to their meaning, it shall at once notify the Owner, in writing by e-mail to Haag-Rhonda@MonroeCounty-FL.Gov

3.2 The Contractor shall complete the Work within County rights-of-way and/or in specified staging areas as depicted in the General Requirements or Drawings.

3.3 Each Proposer shall study and carefully correlate its observations with the Proposal

Documents.

3.4 The submission of a Proposal will constitute a representation by the Proposer that it has complied with every requirement of Article 3 and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 4

INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS

4.1 Proposers and Sub-proposers shall promptly notify the Sustainability Program Manager in writing of any ambiguity, inconsistency, or error that they may discover upon examination of the Proposal Documents or of the site and local conditions.

4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal

Documents shall submit their questions in writing to the Sustainability Program Manager at the following email address no later than ten (10) business days prior to the date for receipt of Proposals (See Subsection 3.1.4):

Haag-Rhonda@monroecounty-fl.gov

Any answer, interpretation, correction or change of the Proposal Documents will be accomplished by Addendum. No Addendum will be issued later than five (5) business days prior to the date for receipt of Proposals. Copies of Addenda will be made available for inspection at the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect.

ARTICLE 5

PROPOSAL PROCEDURE

5.1 FORM AND STYLE OF PROPOSAL

5.1.1 The Proposal shall be submitted on the forms included in Section 00110 of these Proposal Documents with the exception of the Proposal Bond, which may be submitted in alternate forms as described in Subsection 5.3.1 of these Instructions to Proposers. Each of the forms in Section 00110 must be properly filled out, executed, and submitted as the Proposal.

5.1.2 All blanks on the Proposal Form shall be filled in with ink or by keyboard.

mailto:Haag-Rhonda@monroecounty-fl.gov http://www.monroecounty-fl.gov/BonfireBids

INSTRUCTION TO PROPOSERS 00100-Page 11 of 232

5.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Failure to comply shall constitute a non-responsive proposal.

5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the

Proposal.

5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is required, enter "No Change". Failure to comply shall constitute a non-responsive proposal.

5.1.6 All requested Allowances shall be proposed. Failure to comply shall constitute a non-responsive proposal.

5.1.7 The Proposer is required to submit a copy of the appropriate Contractor’s license

(Monroe County or State) as part of the Proposal.

5.2 ADDENDA

5.2.1 Each Proposer shall ascertain prior to submitting his Proposal that it has received all Addenda issued, and it shall acknowledge their receipt in its Proposal.

However, in case any Proposer fails to acknowledge receipt of such addenda, its Proposal will nevertheless be construed as if it had been received and acknowledged, and the submission of the Proposal will constitute acknowledgement of receipt of the Addenda. It is the responsibility of each Proposer to verify that it has received all Addenda issued before Proposals are opened.

5.2.2 No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for Proposals or one that includes postponement of the date for receipt of Proposals.

5.2.3 Copies of Addenda will be made available for inspection wherever Proposal

Documents are on file for that purpose. See Section 4.2 above.

5.3 PROPOSAL SECURITY

5.3.1 Each proposal shall be accompanied by a Proposal Security in the amount equal to five percent (5%) of the Proposer’s maximum bid price by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in Section 255.051, Florida Statutes, as amended (certified check, cashier’s check, treasurer’s check or bank draft of any national or state bank). If the security is in the form of a check or draft, it shall be made payable to Monroe County BOCC.

Proposals submitted pursuant to the electronic bidding process set forth in Section 00030 (Notice of Calling for Proposals) shall include electronic copies of the Proposal Security identified above. Only an original Proposal Security in the form of a certified check, cashier’s check, treasurer’s check or bank draft of any national or state bank shall be submitted contemporaneously through the United States Postal Service or by means of a commercial delivery service to: Monroe County Board of County Commissioners, c/o Purchasing Department; 1100 Simonton

INSTRUCTION TO PROPOSERS 00100-Page 12 of 232

Street, Room 2-213; Key West, Florida 33040. All other forms of a bid bond (e.g., a surety bid bond) shall only be submitted electronically.

5.3.2 The Proposal Security constitutes a pledge and guarantee by the Proposer that the Proposer will enter into a Contract with the Owner on the terms stated in his Proposal and the solicitation documents and will furnish a certified copy of the recorded performance bond, as described in the General and Supplementary Conditions of this contract if the Proposer is the successful bidder. Bid securities may remain in the custody of the County OMB for up to ninety (90) days from the bid opening date or until forfeited or released. The bid security of the successful bidder shall be returned to the bidder after (a) the bidder executes the contract, (b) furnishes a good and sufficient certified copy of the recorded performance bond, payment bond, and required proof of insurance as may be required in the contract documents, and (c) commences performance of the contract. If after the Board of County Commissioners accepts the bid to a competitive solicitation, the successful bidder refuses or is unable to execute the contract to provide the required contract bonds or proof of insurance, or commence performance, the County may annul the Notice of Award, and the bid security will be forfeited to, and become the property of, the County as liquidated damages for the County’s loss of bargain. A public construction bond is not required on construction contracts of Two Hundred Thousand and 00/100 ($200,000.00) Dollars or less.

5.3.3 The Proposal Security of any Proposer may be retained by the County set forth in

Subsection 5.3.2 above, or for up to ninety (90) days from the date when all Proposals have been rejected.

5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS

5.4.1 The overall schedule for construction is shown in the Proposal Documents "Milestone Schedule" at Section 00350.

5.4.2 The Contractor will be required to provide adequate labor and equipment in order to meet the requirements of the schedule.

5.4.3 The Proposer shall ascertain the necessity for all permits, impact fees, inspections, testing and survey (and fees required by same) required by Federal, State, Municipal or Utility bodies having jurisdiction over the project. The Proposer shall include in its proposal the cost of all such impact fees, inspections, testing, and surveys for the project site/building. The Contractor shall be required to secure all such impact fees, inspections, testing, surveys, and to provide all installation, required for the execution of this Contract. The Contractor shall be responsible for any and all impact fees that may be required for the substantial completion of this project.

5.4.4 The Contractor shall be responsible for securing and paying for all testing services of an independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or governing authorities. The Contractor shall include the cost of all inspection and testing fees in its bid proposal.

INSTRUCTION TO PROPOSERS 00100-Page 13 of 232

5.5 SUBMISSION OF PROPOSALS

5.5.1 Proposals shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Proposals indicated in the Notice of Calling for Proposals, or any extension thereof made by Addendum. Bonfire will not allow any Proposals to be uploaded after the time and date set for receipt of Proposals.

Proposals received after the time and date for receipt of Proposals will not be considered.

5.5.2 The Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.

The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than 3:00 P.M. on January 7, 2026. There is no cost to the bidder to use the Bonfire platform.

Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals are rejected in accordance with Subsection 119.071(1)(b)(3), Florida Statutes. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law.

In the event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered into Bonfire, the bid amount listed in the proposal documents is the amount that will be utilized by staff when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity.

The bid opening for this solicitation will be held virtually via the internet. You may call in via phone or internet using the following:

Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156

Meeting ID: 450 932 6156

One tap mobile +16465189805,,4509326156# US (New York) +16699006833,,4509326156# US (San Jose)

Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose)

5.5.3 The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals.

INSTRUCTION TO PROPOSERS 00100-Page 14 of 232

5.5.4 Oral, telephonic, telegraphic, and faxed Proposals are invalid and will not receive consideration.

5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS

5.6.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in Section 5.7 (Right to Claim Error in Proposal) and each Proposer so agrees in submitting his/her Proposal.

5.6.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by removing the existing proposal from Bonfire and uploading a new, complete proposal. The new submission shall comply with the requirements for the original proposal.

5.6.3 Proposals may be withdrawn on Bonfire prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted on Bonfire up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers.

5.6.4 Proposal Security shall be in an amount equal to 5% of the modified proposal price.

See Subsection 5.3.1 for description of the form of the Proposal Security

5.6.5 Conditional, modified, or qualified proposals will be rejected. Proposers are to comply with the instructions on the proposal forms and not make any changes thereto.

5.7 RIGHT TO CLAIM ERROR IN PROPOSAL

5.7.1 Each Proposer's original work papers, documents, and materials used in preparation of the proposal shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than twenty-four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. Additionally, Proposers shall submit by email copies of their original work papers, documents, and materials used in preparation of the proposal to Monroe County Purchasing Department no later than twenty-four (24) hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. The contents of the email shall be clearly marked in the subject line of the email. Proposers who fail to submit their original work papers, documents, and materials used in the preparation of the proposal, as provided herein, waive all rights to claim error in the Proposal.

5.7.2 Owner will review documents submitted within the designated time frame for the purpose of determining the validity of the Proposer’s claim.

5.7.3 Following review of the Proposer's claim at the election of the Owner, the Owner may:

a. Allow the Proposer to withdraw the Proposal and the Owner retains the Proposal Security.

b. Allow the Proposer to withdraw the Proposal and the Owner returns the Proposal Security.

INSTRUCTION TO PROPOSERS 00100-Page 15 of 232

c. Allow the Proposer to enter into contract for the proposed Work at the original Proposal price.

ARTICLE 6

CONSIDERATION OF PROPOSALS

6.1 OPENING OF PROPOSALS

6.1.1 The properly identified Proposals received on time will be opened at the Monroe County Purchasing Department. The public is permitted to be present via a virtually held bid opening as specified in Subsection 5.5.2.

6.1.2 Any Proposal not received by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Proposals will be returned unopened.

6.2 PROPOSALS TO REMAIN OPEN

6.2.1 All Proposals shall remain open and valid for one hundred twenty (120) days after the date designated for receipt of Proposals.

6.2.2 The Owner may, at its sole discretion, release any Proposal and return the

Proposal Security before the one hundred, twenty (120) days have elapsed.

6.3 AWARD OF CONTRACT

6.3.1 The Owner reserves the right to reject any and all Proposals, or any part of a Proposal. The Owner reserves the right to waive variations from the specifications that do not render the Proposal non-conforming. The Owner retains the right to disregard non-conformities, non-responsive proposals or conditional proposals in the best interest of the County.

6.3.2 In evaluating Proposals, the Owner shall consider not only the price but also the qualifications of the proposers and whether or not the Proposals comply with the prescribed requirements in the Proposal Documents.

6.3.3 The Owner shall have the right to accept alternates in any order or combination and to determine the low proposer based on the sum of the Base Proposal plus Alternates selected by the Owner. The Owner reserves the right to reject any or all Alternates in the selection process as is deemed necessary to keep the project within budget.

6.3.4 The Owner may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work as identified in the Proposal Documents. Proposers shall submit their listing of subcontractors. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this purpose.

6.3.5 The Owner may conduct such investigations, as it deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subcontractors, and other persons

INSTRUCTION TO PROPOSERS 00100-Page 16 of 232 or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time.

6.3.6 The Owner reserves the right to request any additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the Department and Board of County Commissioners to determine if the person responding is responsible.

6.3.7 The Owner reserves the right to reject the Proposal of any Proposer who does not withstand any such evaluation to its satisfaction.

6.3.8 If the Contract is awarded, it will be awarded to the lowest, conforming responsible

Proposer, with consideration to qualifications of the Proposer. A Request for Proposal price is not the only consideration for award of the Contract.

6.3.9 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals.

The Owner reserves the right to return all Proposals, not make any awards, and cancel the Project.

6.3.10 The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Owner in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. The Contractor agrees that the amount of the purchase and the appropriate tax credit will be the subject of a deductive change order in recognition of the fact that the purchase and taxes were computed into the contractor’s costs.

6.3.11 Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney’s Office within seventy-two

(72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on Bonfire or posting of the notice of decision or intended decision on the Monroe County Board of County Commissioners’ (“BOCC”) agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney’s Office seventy-two (72) hours or three (3) business days prior to the BOCC’s meeting date in which the award of contract by the BOCC will be heard.

The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve the opportunity to be heard on the matter.

An individual has three (3) minutes to address the Board and a person representing an organization has five (5) minutes to address the Board. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and manner prescribed herein shall constitute a waiver of

INSTRUCTION TO PROPOSERS 00100-Page 17 of 232 the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to excuse the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so.

6.4 EXECUTION OF CONTRACT

6.4.1 The contract shall be put in final form by Sustainability Manager and given to the Contractor for signature. The Contractor shall sign and deliver an executed copy of the Contract Agreement to the Sustainability Manager within five (5) days after receipt of a contract from Sustainability Manager. All other Contract Documents such as Insurance Certificates are to be provided to the Sustainability Manager within seven (7) days prior to approval of the contract by the Board of County Commissioners. A Notice to Proceed will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions.

In no event shall the failure of the Contractor to provide satisfactory Insurance

Certificates within the stipulated time be cause for an extension of the contract time. The Sustainability Manager will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner.

6.5 OWNER’S RIGHT TO RETAIN PROPOSAL BOND AND AWARD TO NEXT LOWEST

CONFORMING RESPONSIBLE PROPOSER

In the event the Contractor given Notice of Award in Section 6.3 above fails to execute and deliver all contract documents required in Section 6.4 above, the Owner may exercise its right to retain the Proposal Security and award the contract to the next lowest conforming responsible proposer.

ARTICLE 7

SPECIAL LEGAL REQUIREMENTS

7.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. Monroe County requires its buildings to conform to Florida Green Building Coalition standards.

7.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Time is of the essence in completing the work under this CONTRACT, as a grant from the Florida Department of Environmental Protection State Stewardship is funding the work.

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ARTICLE 8

CONTENT OF SUBMISSION

8.1 The proposal submitted in response to this RFP shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be requested. Each Proposer must submit adequate documentation to indicate the Proposer’s compliance with the County's requirements. Proposers should focus specifically on the information requested.

8.2 The following outline is to assist Proposers during preparation of proposals. In order to expedite the evaluation process, each Proposal should be organized in accordance with this Section. Proposals that do not follow the specified format outlined below, or fail to provide the documentation, may receive lower scores, or, if found to be nonresponsive, be disqualified. In the event of any conflict between any of the Proposal documents, resolution shall be in the County’s sole discretion. Proposals submitted in response to this solicitation must be complete and unequivocal. In instances where a response is not required, or is not applicable or material to the proposal, a response such as “no response required” or “not applicable” is acceptable.

INSTRUCTION TO PROPOSERS 00100-Page 19 of 232

8.3 PROPOSAL FORMAT

Section Number/

TABS

Section Name Section Content

1 Introduction Cover Page Cover Letter Table of Contents Executive Summary

2 General Proposer Information

Company Information Management Staff Business Status

3 Statement of Qualifications Relevant Experience Required Information References Previous Customer Reference Form (Attachment)

4 Financial Qualifications Financial Information and Litigation Claims

5 Technical Proposals Construction Methodology Plan and Schedule – Ability to Meet Schedule

6 Cost Proposals Unit Price Proposal Sheet Section 00110

7 Required County Forms RFP Section 00110- Proposal Forms

SECTION 1. Introduction:

A. Cover Page: A cover page shall be included. The cover page shall contain the

Proposers/Proposer’s name, address, telephone number, email address, and the name of the Proposers/Proposer’s contact person authorized to execute the Agreement, in the event it is awarded, including the address, telephone number, fax number, and e-mail address of the Proposer’s key contact person for delivery of notices, and/or project manager.

B. Cover Letter: Proposals must be accompanied by a cover letter covering the following topics, at a minimum:

• Introduction of the company and a brief history of the company’s experience with canal restoration and coastal related services within a marine environment.

• Description of the type of organization (e.g. corporation, partnership, joint venture teams, and subcontractors) submitting the proposal.

The cover letter shall be signed by the individual identified in the letter as authorized to execute the Agreement.

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C. Table of Contents: The table of contents shall identify all subsections as well as main sections, figures, tables, and exhibits.

D. Executive Summary: All proposals must include an Executive Summary not exceeding three

(3) double-sided pages. The Executive Summary shall, at a minimum:

• identify the Proposer organization;

• describe the organization of the project team; and

• identify highlights of the canal restoration process.

The Proposer shall provide a narrative of the firm’s qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the Scope of Work.

The Proposer shall describe the firm’s use of technologies and how it will be used to complete Scope of Work.

The Proposer shall describe the firm’s methodology for working locally given the amount of field work that will be required.

SECTION 2. General Proposer Information:

A. General Proposer Information: The Proposer shall provide comprehensive information about all of the following as they relate to the proposed project team: 1) the Proposers, 2) subcontractors; and 3) affiliates (parent companies, subsidiaries, partners, principals, or joint venture); that will be used in the normal course of providing services required by the Agreement, including those entities identified in the RFP Section 00110- Proposal Form.

B. Company Information: Proposers shall supply details of ownership of their company(ies) and any subcontractors and affiliates. The following information regarding the Proposer’s company, and any subcontractors and affiliates must be listed:

If the company is a corporation, list the state of incorporation, the names and addresses of all officers and agents, and creditors who are owed a debt equal to five percent (5%) or more of the company’s total assets.

List any proposed subcontractors and/or affiliated companies to be used in the normal course of business. Listing should include the company name, address, telephone number, contact name and title, and a brief description of their responsibilities and experience.

C. Management Staff: Proposers shall provide a listing and responsibilities only for the key staff positions that will be responsible for the management of the proposed work. This should include any key subcontractors included in Proposer’s proposal.

Proposers shall identify the site manager and other key management personnel (if employed by the Proposer at the time of submittal), location of the office or of the proposed office, and telephone number (if available) where operations will be administered.

D. Business Status: Proposers shall provide records filed with and from the Florida Secretary of State to establish that the Proposer, and any subcontractors or affiliates, is authorized to conduct business in the State of Florida.

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SECTION 3. Statement of Qualifications and Experience

A. Relevant Experience: The Proposer shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed work, including experience working in Monroe County. The Proposer shall provide information demonstrating that it has the necessary experience to provide muck removal / processing / dewatering and backfilling services. A description of the relevant qualifications and experience of the firm and key personnel to the extent they can be identified shall also be provided. The same information shall be provided for subcontractors and affiliates (parent companies, subsidiaries, partners, principals, or joint venture) of the Contractor named in the proposal.

B. Required Information: The information provided by Proposers should include, but not be limited to, the following:

The Proposer shall describe the relevant experience of the company(ies) for the last five (5) years including a discussion of how the company meets the desired qualifications stated herein. If company(ies) have less than five (5) years’ experience, describe the principals’ experience and their role in key projects of similar scope and nature.

The Proposer shall provide a one (1) page resume of key management personnel (if employed by the Proposer at the time of submittal) and a description of their background.

Detailed job descriptions may be substituted for resumes for positions that are not filled as of Proposal submittal.

C. References and Past Performance on Similar Projects: The Proposer shall provide a list of past projects that are the same or similar to those services required in this Request for Proposals. The list should include, at a minimum, the following information:

• Name and full address of the referenced project.

• Name and telephone number of the client contact for referenced project.

• Date of initiation and completion of contract.

• Summary of the project and services.

In addition, the Proposer/Proposer should include a written reference from at least two government entities for which the Proposer has provided these services within the past three years- if applicable. The Previous Customer Reference Form shall also be included in this section and include a minimum of three references.

SECTION 4. Financial Qualifications and Litigation

A. Financial Information and Litigation: The Proposer shall provide the following information:

(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s);

(2) A list of the officers and directors of the entity;

(3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects);

(4) The number of years the person or entity has operated under its present name and any prior names;

INSTRUCTION TO PROPOSERS 00100-Page 22 of 232

(5) A printout of the “Detail by Entity Name” screen from the Proposer’s listing in www.sunbiz.org;

(6) A copy of the Proposer’s Annual Report that is submitted to the Florida Secretary of State;

(7) Answers to the following questions regarding claims and suits:

a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.)

b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.)

c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any lawsuits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.)

d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five

(5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.)

e. Whether, within the last five (5) years, the Owner, an…