1412227079 Solicitation.pdf

Solicitation

For Participation in

Construction Services for Cahoon Road Force Main Replacement Project for

Jacksonville, FL

Solicitation Number 1412227079

Mandatory Pre-Response Meeting via Microsoft Teams or Teleconference on:

Friday October 23rd, 2026 at 11:00 AM ET

Meeting Details:

Microsoft Teams URL (click the link): https://teams.microsoft.com/meet/JEA Meeting ID: 211 650 374 367 259

Meeting Passcode: 5cR7vN6z Dial-In: (469) 208-1810

Phone Conference ID: 426 443 588#

Those planning to attend the virtual pre-response meeting should send contact information to the buyer’s email address at the bottom of this cover page 48 hours prior to the meeting to have contact information documented.

Responses are due on Tuesday December 1st, 2026 by 12:00 PM EST

All Responses shall be submitted through JEA’s E-Procurement and Contract Management Portal which is provided by Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest. Instructions on how to login to

Zycus is provided below in this Solicitation. LATE RESPONSES MAY BE REJECTED.

JEA will publicly open all Responses received from qualified Respondents on the Due Date, via Microsoft Teams.

For more information, please contact the JEA Buyer at:

Ella Bedwell bryapm2@jea.com https://teams.microsoft.com/meet/211650374367259?p=n4sIkn3vqxMZ9WKcuF https://zsn.zycus.com/guest mailto:bryapm2@jea.com

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 1 of 78

1) SOLICITATION

1.1) Scope of Work The purpose of this solicitation for Construction Services for Cahoon Road Force Main Replacement Project (this "Solicitation") is to evaluate and select a vendor to provide the services required to install new 10” PVC force main and 12” HDPE directional drill crossing within JEA service territory as described in this Solicitation (the "Work") and to determine the best method for JEA to procure the Work with regards to pricing, quality, design, and workmanship.

A more detailed description of the Work is provided in the Technical Specifications included as an Exhibit to this

Solicitation.

Capitalized terms used in this Solicitation without definition shall have the definitions given to them in Section 2 of this Solicitation.

1.2) Background JEA owns, operates and manages the electric system established by the City of Jacksonville, Florida since 1895. In June

1997, JEA also assumed operation of the water and sewer system previously managed by the City. JEA is located in Jacksonville, Florida, where we proudly serve an estimated 541,076 electric, 407,161, water and 30,460 reuse water customers. JEA is Florida's largest community owned utility and the eighth largest municipal in the United States.

1.3) Invitation - Submitting a Response Respondents that meet the Minimum Qualification stated herein are invited to submit a Response to this Solicitation to perform the Work. A complete copy of this Solicitation, the Technical Specifications, forms and all other documents referenced in this Solicitation are on JEA’s E-Procurement and Contract Management Portal which is provided by Zycus Supplier Network which can be accessed at https://zsn.zycus.com/guest/genericRegister/JEA074. Instructions on how to login to Zycus is provided below in this Solicitation.

All Responses are due at the time indicated on the title page of this Solicitation. Section 1 of this Solicitation are the instructions for submitting a Response for this Solicitation. Section 2 of this Solicitation contain the definitions and commercial contract terms associated with this procurement.

A Contract will be presented to the Respondent awarded this Work and the Contract will incorporate by reference this entire Solicitation and all associated Addenda. A sample of the JEA Contract can be found on jea.com.

All documentation submitted with a Response must reference the Solicitation Title and Number stated herein. All

Responses must be made on the appropriate forms and formats as specified by this Solicitation and uploaded to JEA’s procurement platform.

All Responses should be delivered electronically to JEA via the Zycus platform. An automated, detailed auditing system provides sealed Response integrity. Responses remain sealed on the platform until the Close Date & Time (Due Date & Time).

A Respondent shall be solely responsible for timely delivery of its Response to the Zycus Supplier Network.

Respondents are strongly encouraged to acquire log in credentials early as possible. Additionally Respondents are encouraged to submit Responses early to ensure uploading process goes smoothly. If Respondent is not able to submit its Response via Zycus, then please email the Response to the JEA Buyer identified in the Section below titled "Questions".

Responses are due by the time and on the date stated on the cover page of this Solicitation. LATE RESPONSES

MAY BE REJECTED.

1.4) Zycus Instructions I. How to Log Into Zycus https://zsn.zycus.com/guest/genericRegister/JEA074

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A. New Users – Zycus

1. New Users will need to register to login. Registration will require Company name, address, phone, contact, title, phone and email address. Also, it is recommended users use Google Chrome to access Zycus.

2. Note if the company is already doing business with JEA, you may find the company is already registered in

Zycus. To find out if you are registered, try entering your email address in the New User Registration screen.

If you receive a message stating “Email ID already registered”, log in as an Existing User Log-in”. If you don’t know your password, enter your email address and click on “Forgot Password”.

B. Existing Users or New Users with Previously Registered Emails

1. Once the user has a login on the sourcing platform select “Existing User Log-in”, the user may navigate to the solicitation by selecting the icon for the applicable solicitation.

II. How to Submit a Response Using Zycus

1. Once logged in, users will see all JEA Sourcing Events, then select the applicable event.

2. Once in the Sourcing Event. The Sourcing Event has prompts for actions required to respond to the solicitation.

3. For the user to proceed to submit a Response to JEA using Zycus, the user will be required to provide its acceptance of the of the Zycus iSource Terms & Conditions associated with the work. Such Terms and Conditions may cover non-disclosure, safety, cyber security, Invitation for Bid contract terms, etc.

4. Once all terms are accepted, additional Solicitation information will be available for viewing and submitting a

Response by selecting “Confirm Participation”. JEA will then have a record indicating the company intends to submit a Response.

5. A user then can respond to each section of the Solicitation, once completed with each section, select “Save”.

Note each section has a red, yellow, green light code. Items will turn green once completed. Yellow and red lights mean there is additional action required. Users may also note under each tab, there are multiple questions to respond to, scroll down the list to ensure all questions are answered.

6. In most Solicitations, JEA will provide Technical Specifications, pricing tables in Excel which the user will need to download. Additionally, Excel pricing tables may need to be uploaded once completed to as part of the Response. Users can download the required attachments by selecting the “Buyers Attachments” icon.

7. Once the required forms are uploaded and saved, the section light will turn green. Once all sections are completed and green lighted, the User may select “Submit Response”.

8. Once the user selects “Submit Response”, the user will receive a “Success” pop-up when submitted.

9. Once submitted users may recall and modify submitted documentation and submit information until the

Response Due Date and Time.

10. Zycus does not automatically transfer a pricing submission from the qualifying round into live auction setting for award consideration. Each user shall manually re-submit its qualifying Response into the live auction environment for consideration of award.

1.5) Questions All Questions must be submitted in writing to the JEA Buyer listed herein at least five business days prior to the opening date. Questions received within five business days prior to the opening date may not be answered.

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1.6) Opening of Responses All Responses received shall be publicly announced and recorded via Microsoft Teams at the date and time indicated on the cover page of this Solicitation.

The details for the Microsoft Teams will be on jea.com at the following website: https://www.jea.com approximately

48 hours before the Response opening.

At the opening of Responses, a JEA representative will publicly open each Response that was received prior to the

Date and Time, except for those Responses that have been properly withdrawn. JEA has the right to waive irregularities or informalities in the Responses to the extent allowable under applicable laws.

1.7) Minimum Qualifications Respondent must meet the following Minimum Qualifications to be considered eligible to have its Response evaluated by JEA. Respondent must complete and submit the Minimum Qualification Form provided in this Solicitation.

Respondents that are working or have worked for JEA in the past 2 years involving similar work must submit JEA as a reference. JEA reserves the right to ask for additional back up documentation or additional reference projects to confirm the Respondent meets the requirements stated below.

JEA may reject Responses from Respondents not meeting all of the following Minimum Qualifications:

I. The Respondent must be one of the named companies listed on the current Responsible Bidders List for the following category:

A. WM2 – Water, Sewer Reclaim Pressure Pipe Construction Underground Trench < 24” Diameter

i. Current approved Bidders can be located on the JEA website at:

https://www.jea.com/about/procurement/become_a_vendor/responsible_bidders/

Any Respondent whose contract with JEA was terminated for default within the last two years shall have its Response rejected.

1.8) Mandatory Pre-Response Meeting There will be a mandatory Pre- Response meeting associated with this Solicitation held via Microsoft Teams or teleconference at the date and time indicated on the cover page of this Solicitation. All interested Respondents must attend the Pre-Response meeting.

Those planning to attend the meeting must email their name and contact information to the JEA Buyer on the cover page of this Solicitation at least 24 hours prior to the Pre-Response meeting to facilitate roll call. A Respondent must only sign in representing one company, unless otherwise agreed to by JEA in writing. Companies not attending the Pre-Response meeting may have their Responses rejected.

Respondents must be on time to the meeting and must be present at the starting time of the meeting. Respondents not arriving on time for the meeting may have their Responses rejected and returned unopened.

1.9) Number of Contracts to be Awarded JEA intends to Award one (1) Contract for the Work. JEA reserves the right to Award more than one Contract based on certain groupings of the Work items, or JEA may exclude certain Work items, if JEA determines that it is in its best interest.

1.10) Insurance Requirements Prior to JEA issuing a Purchase Order to the Company to begin the Work, the Company shall submit a certificate of insurance (COI) that is in compliance with amounts and requirements as indicated in this Solicitation. Note that the COI shall specifically indicate JEA as additional insured on all required insurance except Worker's Compensation and Professional Liability (if applicable). Furthermore, waiver of subrogation must be provided for all required insurance in favor of JEA, including its board members, officers, employees, agents, successors, and assigns.

https://www.jea.com/about/procurement/become_a_vendor/responsible_bidders/

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 4 of 78

1.11) Liquidated Damages In Contract The Contract issued pursuant to this Solicitation contains liquidated damages tied to project completion deadlines. The

Respondent should review the specific time frames and liquidated damage amounts prior to submitting its Response.

1.12) Jacksonville Small and Emerging Business (JSEB) Participation Goal The specific JSEB participation requirement for the Scope of Work described in this Solicitation is: Five Percent (5%).

This percentage is the percentage of the Respondent’s total bid price, less the Supplemental Work Authorization (SWA), General/Special Conditions, and other allowances as listed in the Bid Workbook, and as noted in the Award documentation, that must be awarded or subcontracted to JSEB firms. Failure to fully comply with the JSEB requirements stated herein may disqualify the Response. Respondents are required to complete and submit with their Response the List of Subcontractors Form, which can be found at www.jea.com. Respondents must specify on the List of Subcontractors Form how they intend to comply with the JSEB participation requirement stated herein.

Respondents that do not meet the JSEB participation requirement and/or do not submit a List of Subcontractors Form with their Response may have their Reponses rejected, unless they are exempted under the good faith exception described below.

In no case shall the Respondent make changes to the JSEB firms listed in its Response, revise the JSEB Scope of

Work or Dollar Amount as stated in its Response without prior written notice to the JEA Project Manager and JEA Manager Supplier Diversity Programs, and without subsequent receipt of written approval from JEA Project Manager and JEA Manager Supplier Diversity Programs. JSEB firms that qualify for this Contract are those shown on the current City of Jacksonville JSEB Directory appearing at https://jaxseb.coj.net. Certification of JSEB firms must come from the City of Jacksonville. No other agency or organization is recognized for purposes of this Contract.

If the Response does not comply with the JSEB participation requirement established in this Solicitation, the

Respondent must submit documentation as part of its Response describing in detail its good faith efforts to comply with the JSEB participation requirement of the Solicitation. This documentation shall include at a minimum the following items:

1. The Respondent shall contact the JEA Manager Supplier Diversity Programs for assistance when all independent attempts (emails, phone calls, faxes and letters) to contact qualified JSEB firms have failed and shall do so in adequate time for JSEB firms to be identified and to allow JSEB firms adequate time in which to respond.

2. A written and signed statement describing the level of effort for each of the requirements listed below, including dates and times, people whom the Respondent contacted and phone numbers to enable JEA to confirm good faith efforts.

3. Emails and copies of written solicitations of participation the Respondent sent to qualified JSEB firms, showing adequate response time was provided, defining the scope and nature of the work the JSEB firm is asked to perform, Respondent contact information for questions and follow-up, and an offer to meet to review plans, specifications and scope.

4. A statement of the Respondent’s efforts to negotiate a suitable agreement with JSEB firms including call logs showing participants, dates, times, topics discussed, and open issues.

5. A statement of the Respondent's efforts to help qualified firms that may require assistance in obtaining bonding, insurance, financing, technical support, procedural information, or other items necessary to compete for and perform the Work.

6. For each offer received from a qualified JSEB firm but rejected by Respondent, a statement explaining why such offer was not made part of the Response.

7. For each qualified JSEB firm contacted but considered unqualified by the Respondent to perform a portion of the

Work, a statement of the reasons Respondent considered firm to be unqualified.

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Failure by the Respondent to contact the JEA Manager Supplier Diversity Programs as required herein will be considered when determining if the Respondent has made a good faith effort. The Respondent understands and agrees that receipt of a lower bid from a non-JSEB qualified firm, will not in and of itself, be sufficient reason to justify failing to meet the JSEB requirements of the Solicitation. The determination as to whether the Respondent made a good faith effort in trying to achieve the JSEB participation requirement of this Solicitation will be made solely by JEA and prior to Award.

All questions and correspondence concerning the JSEB program should be addressed to the following contact:

Bill Hickey Manager, Supplier Diversity Programs and Procurement Services

JEA

hickwj@jea.com or jsebprogram@jea.com

1.13) Basis of Award - Lowest Bid JEA will Award a Contract to the responsive and responsible Respondent whose Response meets or exceeds the

Minimum Qualifications set forth in this Solicitation, and the Respondent's price represents the lowest cost to JEA.

JEA will use the Respondent's Total Bid Price stated on the Response Form when making price comparisons for

Award purposes.

1.14) Evaluation Methodology - Competitive Sealed Bidding The Respondent shall submit its sealed Response to this Solicitation no later than the due date and time indicated on the cover page of this Solicitation. At the public opening of the Responses, the Responses from all Respondents will be publicly announced. After the public opening, JEA will subsequently review Responses to determine if they meet the Minimum Qualifications as stated in this Solicitation. JEA will Award the Contract to the lowest responsive and responsible Respondent whose price meets or exceeds the Minimum Qualifications, and whose Response Price represents the lowest cost to JEA.

NO EXCEPTIONS ARE ALLOWED IN AN INVITATION TO BID. IF THE RESPONDENT OBJECTS IN ANY

MANNER TO THE TERMS AND CONDITIONS OR TECHNICAL SPECIFICATIONS, THE OBJECTION MUST

BE ADDRESSED IN WRITING FIVE (5) BUSINESS DAYS PRIOR TO THE DUE DATE, AND THE

OBJECTION MAY BE ADDRESSED IN AN ADDENDUM IF JEA BELIEVES THAT A CLARIFICATION OR CHANGE IS NECESSARY. ANY MODIFICATIONS, EXCEPTIONS OR OBJECTIONS STATED WITHIN THE

RESPONSE SHALL BE REJECTED.

1.15) Bid Bond All Reponses shall be accompanied by a bid security in the amount stated on the Response Form. The bid security must be furnished by the Respondent at or before the opening of the Responses. The bid security shall either be issued by a surety company authorized to do business in the State of Florida, or Respondent shall furnish a certified check or cashier's check in the amount of five percent of the total amount shown on the Response Form. The JEA Bid Bond form can be found at jea.com. Failure to furnish the required bid security will disqualify the Response. If the Respondent is awarded the Work and fails to execute the Contract within ten (10) days of postmarked date on the Contract Documents, JEA shall retain the Bid Bond or check as liquidated damages.

1.16) Safety Qualification Requirement Respondent shall be in compliance with JEA’s Contractor Safety Management Process policy. JEA may reject the company's Response and proceed to Award to the next responsive and responsible Respondent if not in compliance.

JEA Safety information is available online at http://www.jea.com/About/Procurement/Contractor_Safety under

Contractor Safety Management Process. It is the Respondent’s responsibility to ensure it is following the JEA Safety policy. A list of the JEA's Safety Qualified vendors can be found on http://www.jea.com/About/Procurement/Contractor_Safety

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 6 of 78 https://www.jea.com/About/Procurement/Contractor_Safety/. For additional information, contact Jim Fisher at (904) 229-5045 or Curtis Stothers at (904) 665-7736.

Each Company once awarded a JEA Contract is required to provide regular and continuing training for their employees. Such training shall not be charged to JEA as a separate billable fee. Company (including General / Prime Contractors) will also monitor the training activities of Subcontractors under their direction. All training outside of JEA specific training must meet OSHA requirements. Company employees working on JEA projects or sites shall receive JEA Safety Orientation and JEA Site-Specific Training before beginning work.

1.17) Payment and Performance Bond Amount and Requirements After receipt of the Contract, the Company awarded the Work shall furnish a Payment and Performance Bond in the amount indicated on the Response Form, made out to JEA in forms and formats approved and provided by JEA, as security for the faithful performance of the Work of Contract. JEA will send the approved bond forms to the Company for execution along with the Contract, however, in no case shall the date on the bond forms be prior to that of the executed Contract. The surety must be authorized and licensed to transact business in Florida. A fully executed Payment Bond and Performance Bond must be recorded with the Clerk of Duval County Court and delivered to JEA before JEA will issue a Purchase Order to begin the Work. No Purchase Order shall be issued until the Payment and Performance Bonds are recorded and delivered to the JEA Procurement Department. If the Company fails or refuses to furnish or record the required bonds, JEA will retain the Company's Bid Bond as liquidated damages.

The Payment and Performance Bond requirements may be less than the full Contract amount. The Company should be aware that their bond premiums may be adjusted by their bonding company, if actual Work exceeds the amount of the bond, however, any increase in total premiums required will not be approved by JEA for any change in Contract price as either a change order or as an adjustment through the use of a Supplemental Work Authorization. Unless otherwise specified on the Bid Form, the Company shall be solely responsible for obtaining and maintaining the required Payment and Performance Bonds throughout the term of the Contract. To be acceptable to JEA as Surety for Performance and Payment Bonds, a Surety Company shall comply with the following provisions:

I. The Surety Company shall have a current and valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.

II. The Surety Company shall have a current and valid Certificate of Authority issued by the United States

Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Codes.

III. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.

IV. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida

Insurance Code during the life of this agreement.

V. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions:

The Surety Company shall have at least the following minimum ratings in the latest issue of A.M. Best's Key Rating Guide.

POLICY HOLDER'S CONTRACT AMOUNT AND REQUIRED FINANCIAL RATING:

$500,000 TO 1,000,000: A-CLASS IV

$1,000,000 TO 2,500,000: A-CLASS V

$2,500,000 TO 5,000,000: A-CLASS VI

$5,000,000 TO 10,000,000: A-CLASS VII

$10,000,000 TO 25,000,000: A- CLASS VIII

$25,000,000 TO 50,000,000: A- CLASS IX

$50,000,000 TO 75,000,000: A- CLASS X

The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier https://www.jea.com/About/Procurement/Contractor_Safety/

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 7 of 78 providing authorization or approval by the State of Florida, Department of Insurance, to conduct business in this state has been met.

In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.

1.18) Subcontractors Use for the Performance of the Work The Respondent must list the names of the major Subcontractors that it intends to use for this Work, unless the Work will be self-performed by the Respondent. The Subcontractors must be listed on the Subcontractors Form which is available at jea.com. Failure to submit this form with the Response may result in rejection of Respondent's Response.

The Respondent shall not use Subcontractors other than those shown on the Subcontractor Form unless it shows good cause and obtains the JEA Representative's prior written consent. If the Respondent plans to use Subcontractors to perform over 50% of the Work, the Respondent shall obtain JEA's approval at least five days prior to the Response Due Date. Failure to obtain JEA approval may result in rejection of the Respondent's Response.

1.19) Shipping, Freight, And Travel--F.O.B. Destination The Respondent shall include the price for travel, shipment of materials and equipment in its pricing shown on its

Response unless otherwise stated herein. The shipment of all materials shall be F.O.B. Destination.

If the Solicitation allows for travel expenses to be billed separately, then all the Respondent’s travel expenses will be reimbursed in accordance with JEA's Contractor Travel Policy.

1.20) Required Forms to be Submitted The following forms must be completed and submitted to JEA at the timeframes stated below. The Respondent can obtain the required forms, other than the Minimum Qualification Form, Response Form and Response Workbook, by downloading them from JEA.com.

A. The following forms are required to be submitted with the Response:

I. Bid Response Form - This can be found in Appendix B of this Solicitation II. Bid Response Workbook - This can be found in Appendix B of this Solicitation III. List of JSEB Certified Firms (if any) IV. Subcontractor Form (if any). However, if the following Subcontractors are utilized to perform this Work, they shall be listed on the referenced Subcontractor Form: a. Electrical, b. Plumbing, c. HVAC, d. Instrument and controls (I&C), e. Equipment Suppliers (i.e., pumps, fans, etc..), f. Material Suppliers, g. Roofing, h.

Fuel, I. Mechanical Engineer, j. Fire Protection, h. etc.

If the above listed forms are not submitted with the Response by the Response Due Time and Date, JEA may reject the

Response.

B. JEA also requests the following documents to be submitted prior to Contract execution. A Response will not be rejected if these forms are not submitted at the Response Due Date and Time. However, failure to submit these documents prior to Contract execution could result in Response rejection.

I. Conflict of Interest Certificate Form - This form can be found at JEA.com II. Insurance certificate

III. W-9

IV. Evidence of active registration with the State of Florida Division of Corporations (www.sunbiz.org) V. Any technical submittals as requires by the Technical Specifications

1.21) Addenda Issuance JEA may issue Addenda prior to the opening of Responses to change or clarify the intent of this Solicitation. The

Respondent is responsible for ensuring it has received all Addenda prior to submitting its Response and must

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 8 of 78 acknowledge receipt of all Addenda by completing the Confirmation of Receipt of Addenda. JEA will post Addenda when issued online at JEA.com. Companies must obtain Addenda from the JEA.com website. It is the responsibility of each Respondent to ensure it has received and incorporated all Addenda into its Response. Failure to acknowledge receipt of Addenda may be grounds for rejection of a Response.

1.22) Contract Execution and Start of Work Within 30 days from the date of Award, JEA will present the successful Respondent with the Contract. Unless expressly waived by JEA, the successful Respondent must execute a Contract for the Work within 10 days after receiving the Contract from JEA. If the Respondent fails to execute the Contract or associated documents as required, JEA may cancel the Award with no further liability to the Respondent and retain any bid security or bond.

Upon JEA's receipt of the executed Contract, certificate of insurance, and recorded Payment and Performance bonds (if applicable), JEA will issue a PO, in writing and signed by an authorized JEA representative as acceptance of the Response and authorization for the company to proceed with the Work, unless otherwise stated in the Contract or PO.

For Construction Services: In the event that JEA intends to authorize the successful Respondent to proceed with administrative work only, or with only a portion of the Work, then the PO shall state the specific limitations of such authorization and JEA will issue a separate written Notice to Proceed to authorize the Respondent to begin Field Work, when applicable, or to perform the remainder of the Work, or any portion thereof. The Respondent shall ensure that it is prepared to begin Field Work upon receipt of Notice to Proceed. Any Work performed outside of this partial authorization shall be at the Respondent's risk and JEA shall have no obligation to pay for such Work.

1.23) Ex Parte Communication Ex Parte Communication is defined as any inappropriate communication concerning a Solicitation between any officers, employees or other representatives of Respondent and a JEA representative during the time in which the Solicitation is being advertised through the time of Award. Examples of inappropriate communications include:

private communications concerning the details of the Solicitation in which a company becomes privy to information not available to the other Respondents. Social contact between companies and JEA Representatives should be kept to an absolute minimum during the Solicitation process.

Ex Parte Communication is strictly prohibited. Failure to adhere to this policy will disqualify the noncompliant

Respondent. Any questions or clarifications concerning this Solicitation must be sent in writing via email to the JEA Buyer at least five business days prior to the opening date. If JEA determines that a question should be answered or a requirement should be clarified, JEA will issue an Addendum to the Solicitation.

1.24) Conflict of Interest This conflict of interest policy applies to all JEA construction projects ("Project"). Any company bidding the construction phase of a Project cannot at the time of Response/bid submittal, be affiliated with or have any direct or indirect ownership interest in the architect/engineer ("Designer") of record. The company will also be prohibited from bidding if the Designer has any direct or indirect ownership interest in the Contractor. Should JEA erroneously award a contract in violation of this policy, JEA may terminate the contract at any time with no liability to company, and company shall be liable to JEA for all damages, including but not limited to the costs to rebid the Project. The purpose of this policy is to encourage bidding and eliminate any actual or perceived advantage that one Respondent may have over another.

1.25) Certifications and Representations of the Company By signing and submitting its Response, the Respondent certifies and represents as follows:

A. That the individual signing the Response is duly authorized to contractually bind the Respondent to the terms and conditions of this Solicitation and the Contract. Respondent shall provide satisfactory evidence of such authority within three days of JEA’s request.

B. That every aspect of the Response and the detailed schedule for the execution of the Work, are based on its own knowledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. JEA

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 9 of 78 assumes no responsibility for any understanding or representation made by any of its representatives during or prior to execution of the Contract unless such understandings or representations are expressly stated in the Contract and the Contract expressly provides that JEA assumes the responsibility.

C. That, if successful, the Respondent will be registered to conduct business in the State of Florida and in active status with the Florida Division of Corporations at the time of execution of a Contract.

D. That the Respondent maintains in active status any and all licenses, permits, certifications, insurance, bonds and other credentials including, but not limited to, all licenses necessary to perform the Work. The Respondent also certifies that, upon the prospect of any change in the status of applicable licenses, permits, certifications, insurances, bonds or other credentials, the Respondent shall immediately notify JEA of status change.

1.26) Ethics By submitting a Response, the Respondent certifies that its Response is made without any previous understanding, agreement or connection with any other person, firm, or corporation submitting a Response for the same Work other than as a Subcontractor or supplier, and that the Response is made without outside control, collusion, fraud, or other illegal or unethical actions. The Respondent shall comply with all JEA and City of Jacksonville ordinances, policies and procedures regarding ethics.

The Respondent shall submit only one Response to this Solicitation. If JEA has reasonable cause to believe the

Respondent has submitted more than one Response for the same Work, other than as a Subcontractor or sub-supplier, JEA shall disqualify the Response and may pursue debarment actions.

The Respondent shall disclose the name(s) of any public officials who have any financial position, directly or indirectly, in Respondent or its Response by completing and submitting the Conflict of Interest Certificate Form available at jea.com. Failure to fully complete and submit the Conflict of Interest Certificate will disqualify the Response. If JEA has reason to believe that collusion exists among the Respondents, JEA shall reject any and all Responses from such Respondents and will proceed to debar the Respondents from future JEA Awards in accordance with the JEA Procurement Code.

JEA is prohibited by its Charter from awarding contracts to JEA board members, officers or employees, and is prohibited from awarding contracts in which a JEA officer or employee has a financial interest. JEA shall reject all Responses from JEA board members, officers or employees, as well as, all Responses in which a JEA officer or employee has a financial interest.

In accordance with Florida Statutes Sec. 287.133, JEA shall reject Responses from any persons or affiliates convicted of a public entity crime as listed on the Convicted Vendor list maintained by the Florida Department of Management Services. JEA shall not make an Award to any officer, director, executive, partner, shareholder, employee, member, or agent active in management of the Respondent listed on the Convicted Vendor list for any transaction exceeding $35,000 for a period of 36 months from the date of being placed on the Convicted Vendor list.

JEA shall also reject any Responses from any persons or affiliates that are listed on State of Florida’s Suspended

Vendor List, the City of Jacksonville’s Disqualified Vendor List, JEA’s Suspended Vendors list, or have had a contract with JEA terminated for default within the last two (2) years.

1.27) JEA Publications Applicable JEA publications are available at jea.com.

1.28) Mathematical Errors In the event of a mathematical error in calculation of the prices entered on the Response, the Unit Prices will prevail.

The corrected price utilizing the Unit Prices quoted by Respondent will be used to determine if the Company is awarded a Contract for the Work and the corrected pricing will be used throughout the Term.

1.29) Modification or Withdrawal of Responses

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The Respondent may modify or withdraw its Response at any time prior to the Response Due Date and Time by giving written notice to JEA's Chief Procurement Officer by submitting an updated Response. JEA will not accept modifications submitted by telephone, telegraph, email, or facsimile, or those submitted after the Response Due Date and Time. The Respondent may not modify or withdraw its Response for a period of 90 days following the opening of Responses.

1.30) Notice of Prohibition Against Considering Social, Political, or Ideological Interests Pursuant to Section 287.0501, Florida Statutes, JEA may not:

(i) Request documentation of or consider a vendor’s social, political, or ideological interests when determining whether a vendor is a responsible vendor; or

(ii) Give preference to a vendor based on the vendor’s social, political, or ideological interests.

1.31) Prohibition Against Contingent Fees The Respondent warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Respondent, or an independent sales representative under contract with the Respondent, to solicit or secure a contract with JEA, and that it has not paid or agreed to pay any person, company, corporation, or other individual, other than a bona fide employee working solely for the Respondent, or an independent sale representative under contract with the Respondent, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the Award or the Contract. If a breach or violation of the provisions occurs, JEA shall have the right to terminate the Contract without liability, and at its discretion, to deduct from the Contract Price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

1.32) Protest of Solicitation and Award Process Any protests regarding this Solicitation must be filed in writing and in accordance with the JEA Procurement Code, as amended from time to time. The JEA Procurement Code is available online at www.jea.com.

1.33) Availability Of Response After Opening In accordance with the Florida Public Records Law, Florida Statutes, Chapter 119, copies of all Responses are available for public inspection thirty (30) days after the opening of Responses or on the date of Award announcement, whichever is earlier. Respondents may review opened Responses once they are available for public inspection by contacting the designated JEA Buyer or JEA's Public Records custodian whose contact information can be found at jea.com. JEA will post a summary of the Response results immediately after the Response opening.

1.34) Reservation of Rights of JEA This Solicitation provides potential Respondents with information to enable the submission of written offers. This

Solicitation is not a contractual offer or commitment by JEA to purchase products or services. JEA reserves the right to reject all Responses, and to waive informalities if JEA deems such action to be in its best interest. JEA may reject any Responses that it deems incomplete or irregular including, but not limited to, Responses that omit a price on any one or more items for which prices are required, Responses that omit Unit Prices if Unit Prices are required, Responses that offer equal items when the option to do so has not been stated, and Responses that fail to include a Bid Bond, where one is required. JEA reserves the right to cancel, postpone, modify, reissue and amend this Solicitation at its discretion. JEA reserves the right to cancel or change the date and time announced for opening of Responses at any time prior to the time announced for the opening of Responses. JEA may Award the Contract in whole or in part. JEA may award multiple or split Contracts if it is deemed to be in JEA's best interest.

1.35) Sunshine Law Article I, Section 24, Florida Constitution, guarantees every person access to all public records and Chapter 119, Florida Statutes, provides a broad definition of public records. JEA is subject to these laws and related statutes ("Florida's Public Records Laws"). All Responses to this Solicitation or RFI are public record and available for public inspection unless specifically exempt by law.

If a Respondent believes that any portion of the documents, data or records submitted in response to this Solicitation or RFI are exempt from Florida's Public Records Law, Respondent must (1) clearly segregate and mark the specific

1412227079 Solicitation - Construction Services for Cahoon Road Force Main Replacement Project Page 11 of 78 sections of the document, data or records as "Confidential," (2) cite the specific Florida Statute or other legal authority for the asserted exemption, and (3) provide JEA with a separate redacted copy of its Response (the "Redacted Copy").

The cover of the Redacted Copy shall contain JEA's title and number for this Solicitation or RFI and Respondent's name, and shall be clearly labeled "Redacted Copy." Respondent should only redact those portions of records that Respondent claims are specifically exempt from the Florida Public Records Laws. If Respondent fails to submit a redacted copy of information it claims is confidential, JEA is authorized to produce all documents, data and other records submitted to JEA in answer to a public records request for such information.

In the event of a request for public records to which documents that are marked as confidential are responsive, JEA will provide the Redacted Copy to the requestor. If a requestor asserts a right to any redacted information, JEA will notify Respondent that such an assertion has been made. It is Respondent's responsibility to respond to the requestor to assert that the information in question is exempt from disclosure under applicable law. If JEA becomes subject to a demand for discovery or disclosure of Respondent's redacted information under legal process. JEA shall give Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law.) Respondent shall be responsible for defending its determination that the redacted portions of its Response are not subject to disclosure.

By submitting a Response to this Solicitation or RFI, Respondent agrees to protect, defend, and indemnify JEA from and against all claims, demands, actions, suits, damages, losses, settlements, costs and expenses (including but not limited to reasonable attorney fees and costs) arising from it relating to Respondent's determination that the redacted portions of its Response to this Solicitation or RFI are not subject to disclosure.

IF THE COMPANY HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT:

JEA

Attn: Public Records 225 North Pearl Street Jacksonville, FL 32202 Ph: 904-665-8606 publicrecords@jea.com

1.36) Scrutinized Companies Pursuant to Section 287.135(2), Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services of:

(1) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or

(2) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, contractor:

i. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; or

ii. Is engaged in business operations in Cuba or Syria.

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Pursuant to Section 287.135(3)(a)4, Florida Statutes, JEA may terminate this Contract at JEA’s option if this Contract is for goods or services in an amount of one million dollars or more and the Company:

(1) Is found to have submitted a false certification under Section 287.135(5), Florida Statutes;

(2) Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes;

(3) Is engaged in business operations in Cuba or Syria.

Pursuant to Section 287.135(3)(b), Florida Statutes, JEA may terminate this Contract at JEA’S option if this Contract is for goods and services of any amount and Company:

(1) Is found to have been placed on the Scrutinized Companies that Boycott Israel List; or

(2) Is engaged in a boycott of Israel.

1.37) Defined Terms Words and terms defined in the section entitled "Definitions" of this document are hereby incorporated by reference into the entire document.

2) CONTRACT TERMS & CONDITIONS

2.1) Contract Document Terms and Conditions Section 2 of this Solicitation contains JEA’s general terms and conditions that will govern the Contract awarded under this Solicitation. The Contract Documents will incorporate by reference all of the terms and conditions of this Solicitation, including all Technical Specifications, Appendices, Exhibits, Schedules and Forms included with this Solicitation. An example of the Contract that the Company will be required to execute is available for review at jea.com.

2.2) Definitions Capitalized words and terms used in this Solicitation shall have the meaning given to them in this Section 2. The

Technical Specifications to this Solicitation may define additional words and terms where necessary to clarify the Work. Unless otherwise stated in this Solicitation or the Contract Documents, definitions set forth in Technical Specifications shall apply only within the Technical Specifications.

2.3) Acceptance JEA's written notice by the Project Manager to the Company that all Work as specified in the Contract, or a portion of the Work as specified in a Task or Work Order, has been completed to JEA's satisfaction. Approval or recognition of the Company meeting a Milestone or interim step does not constitute Acceptance of that portion of Work. Acceptance does not in any way limit JEA's rights under the Contract or applicable laws, rules and regulations.

2.4) Addendum/Addenda An amendment to the Solicitation which is issued by JEA before the Response Due Date and Time.

2.5) Administrative Work Actions primarily performed in an office environment and associated with preparing to perform or administer the

Work including, but not limited to, preparing Work schedules, obtaining bonds, executing Contracts, securing resources and other actions specified in the Solicitation, or otherwise prudent to ensure a timely, safe and otherwise compliant start and performance of Field Work. Administrative Work is not performed at the Work Location.

2.6) Application for Payment The form required for payment which shall include all items required pursuant to the contract for the payment to be processed by JEA. Such form shall require the Contractor expressly state that the Contractor has fulfilled all obligations for the previous payments issued to the Contractor, including payment for subcontractors and materials.

The Application for Payment includes all forms and supporting documentation as required by the Contract documents.

2.7) Award

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The written approval of the Contract by JEA’s Awards Committee and Chief Executive Officer.

2.8) Change Order A written order issued by JEA after execution of the Contract, authorizing an addition, deletion, or revision of the

Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not authorize expenditures greater than the maximum indebtedness shown in the Contract. A Change Order that involves a material change to the Contract may require a Contract Amendment.

2.9) Company The legal person, firm, corporation or any other entity with whom JEA executes the Contract.

2.10) Company Representative The individual responsible for representing the Company in all activities concerning the fulfillment and administration of the Contract.

2.11) Company Supervisor The individual, employed or contracted by the Company, to manage the Work on a day-to-day basis and ensure the

Work is performed according to the Contract. The Company Supervisor may be authorized by the Company Representative to act on Contract matters. Such authorization shall be in writing and delivered to the JEA Project Manager and shall clearly state the limitations of any such authorization. In the event that the Company Supervisor and the Company Representative is the same person, the Company shall notify the JEA Project Manager of such situation.

2.12) Contract The written agreement executed by JEA and the Company which describes the rights and obligations of JEA and the

Company with respect to the Work and incorporates all of…