38953-Quote Request Kemcho RR Ballast.pdf

July 11, 2023

Potential Respondents

Re: Quote Request, 38953- Kemcho Conservation Area, purchase and delivery of railroad ballast material.

The St. Johns River Water Management District (District) is requesting quotations for the above referenced services as outlined in the attached Statement of Work (SOW) (Exhibit 1). Contractor shall submit the attached Quote Cost Schedule (Exhibit 2) to be considered.

Responses are due before 3:00 p.m. on July 18, 2023. It is preferred that all quotes be submitted as an attachment to an email addressed to Mark Morris at rmmorris@sjrwmd.com.

Please reference quote number 38953 in subject line on any and all emailed correspondence

Once quotes are received, staff will review each quote and will make a recommendation for award based on the lowest respondent that meets all the qualifications of this quote request.

The District is a political subdivision of the state of Florida, whose boundaries cover all or portions of 18 counties, and is tax exempt (Tax ID No. 85-8012643710C-3; expires March 31, 2028). Respondent shall provide an estimate of all applicable taxes and fees in its quote, including a list of taxes and fees that fall under the District’s exemption.

Opening of Quotes

1. The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed quotes from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 days after opening of quotes, whichever is earlier. This exemption is not waived by the public opening of quotes.

2. Unless otherwise exempt, Respondent’s quote is a public record that is subject to disclosure upon expiration of the above exemption. If any information submitted with the Quote is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla.

Stat., Respondent must clearly identify any such material as “CONFIDENTIAL TRADE SECRET” in its submittal and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a submittal for excessive or unwarranted assertion of trade secret confidentiality and return the submittal to Respondent.

3. Respondents shall bear all costs associated with preparing and submitting responses to this Quote Request. The District will, in no way, be responsible for these costs, regardless of the conduct or outcome.

Inquiries and Addenda

1. District staff are not authorized to orally interpret the meaning of the Quote Request package, or correct any apparent ambiguity, inconsistency, or error therein. In order to be binding upon the District, the interpretation or correction must be given by the Procurement Specialist and must be in writing. The Procurement Specialist may orally explain the District’s procedures and assist Respondents in referring to any applicable provision in the Quote Request documents, but the Respondent is ultimately responsible for submitting the quote in the appropriate form and in accordance with written procedures.

2. Every request for a written interpretation or correction must be received at least nine days prior to opening of quotes in order to be considered. Requests must be submitted by email to chollowa@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by Onvia DemandStar to all prospective Respondents (at the respective addresses furnished for such purposes) not later than five days prior to the date fixed for the Quote Request opening.

3. Submission of a quote constitutes acknowledgment of receipt of all addenda. Quotes will be construed as though all addenda had been received. Failure of the Respondent to receive any addenda does not relieve Respondent from any and all obligations under the quote, as submitted. All addenda become part of the Agreement.

Award Procedures

1. Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation;

(2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed. Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the Quotes or final replies, whichever occurs earlier. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

2. Pursuant to §286.0113 Fla. Stat., if the District rejects all quotes and concurrently provides notice of its intent to reissue the competitive solicitation, the recording and any records presented at any exempt meeting shall remain exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all quotes.

3. The District will examine the quotes to determine completeness. Obvious mismatches with regard to technical or commercial requirements will be rejected at this time.

4. If two or more quotes are equal in all respects, the Agreement will be awarded as follows: (1) to the Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form; or (2) by lot.

5. In the event the Successful Respondent(s) fail to enter into the Agreement or the Agreement with said Respondent is terminated within 90 days of the effective date, the District reserves the right to negotiate with the other Respondents in ranked order, if available, and award an Agreement.

6. All Respondents will be notified of the District's intent to award or decision to award the Agreement. For the purpose of filing a protest under §120.57(3), Fla. Stat., the time period will commence as provided in “Notices and Services Thereof.”

Disqualification of Respondents

Any of the following causes will be considered as sufficient grounds for disqualification of a Respondent and rejection of the Quote:

1. Contacting a District employee or officer other than the procurement specialist assigned to this solicitation action, about any aspect of this Quote Request before the notice of intended decision is posted.

2. Submission of more than one quote response for the same subject matter by an individual, firm, partnership, or corporation under the same or different names;

3. Evidence of collusion among Respondents;

4. Submission of materially false information with the Quote;

5. Information gained through checking of references or other sources which indicates that Respondent may not successfully perform the Work;

6. Respondent is failing to adequately perform on any existing contract with the District;

7. Respondent has defaulted on a previous contract with the District;

8. The evidence submitted by Respondent, or the District’s investigation of Respondent, fails to satisfy the District that Respondent is properly qualified to carry out the obligations of the Agreement in a manner acceptable to the District and within the time period specified;

9. Any other cause that is sufficient to raise doubt regarding the ability of a Respondent to perform the Work in a manner that meets the District’s objectives for the Work.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=%22open%20government%22&URL=0100-0199/0119/Sections/0119.07.html

Rejection of Quote

1. Quotes must be emailed to the specified location and received during the time specified on page 1 in order to be considered timely. Untimely quotes will not be considered. Quotes will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate quotes, or other material irregularities. The District may consider incomplete any quote not prepared and submitted in accordance with the provisions specified herein, and reserves the right to waive any minor deviations or irregularities in an otherwise valid Quote.

2. The District also reserves the right to reject any and all quotes when it determines, in its sole judgment and discretion that, it is not in its best interest to award the agreement.

Public Entity Crimes/Discriminatory Vendors

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted or discriminatory vendor lists following a conviction for a public entity crime or placement on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted or discriminatory vendor lists.

Diversity

The District is committed to the opportunity for diversity in the award and performance of all procurement activities. The District encourages its primary respondents to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as second and lower tier participants. The District will assist Respondents by sharing information on W/MBEs to encourage their participation.

Notices and Services Thereof

1. The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on Onvia DemandStar at DemandStar.com. Onvia DemandStar may also be accessed through the District’s website at sjrwmd.com.

2. Notices that are posted on Onvia DemandStar are deemed received at 8:00 a.m. on the next business day following the date posted. Notices will be posted for a minimum of 72 hours following the time at which they are deemed received. The time period for filing a Notice of Protest pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, commences at the time notices are deemed received.

3. As a courtesy to Respondents, the District may send copies of the notices of intended agency decisions via email to the address provided by Respondent. This courtesy communication neither constitutes official notice nor vary the times of receipt set forth above.

Protest Procedures

1. Pursuant to§120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the procurement methodology described herein, or the specifications or criteria, including addenda, must file a Notice of Protest within 72 hours after receipt of the solicitation documents or addenda.

2. Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by a District decision or intended decision to award a contract, or to reject all bids, proposals, or qualifications, must file a Notice of Protest within 72 hours after receipt of the decision or intended decision.

3. Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.004, Fla. Admin. Code, the protester must also file with the District Clerk a Formal Written Protest within ten days after the date the Notice of Protest is filed with the District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based.

4. Pursuant to §287.042(2)(c), Fla. Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the formal written protest a bond, cashier’s check, or money order made payable to the St. Johns River Water Management District in an amount equal to one percent (1%) of the estimated contract amount.

5. No additional time will be added for mailing. All filings must comply with Rule 28-106.104, Fla.

Admin. Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept as filed any electronically transmitted facsimile pleadings, petitions, Notice of Protest, or other documents. Failure to file a protest within the time prescribed in §120.57(3), Fla. Stat., or failure to post the bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under chapter 120, Fla. Stat. Mediation under §120.573, Fla.

Stat., is not available.

Thank you for your consideration of this request.

Exhibit 1 – Statement of Work/Site Maps Exhibit 2 – Cost Schedule Exhibit 3 – Qualifications: Documentation Form Exhibit 4 – Insurance Requirements

Exhibit 1

STATEMENT OF WORK

KEMCHO CONSERVATION AREA (SJ53) FOR PURCHASE AND

DELIVERY OF RAILROAD BALLAST MAINTENANCE FOR LOW WATER

CROSSINGS

The Kemcho Conservation Area (SJ56) is contiguous to Deep Creek and is located east of I-95, on the south side of SR 44, in Sections 22, 27, and 34, Township 17

South, Range 31 East in Volusia County, Florida. (Figure-1). The total mitigation of the

Deep Creek Tract is 8030 acres and includes both uplands and wetlands and ownership include both Volusia County and St. Johns River Water Management District. The area is managed long-term under the Deep Creek Land Management Plan by Volusia County.

The Kemcho Tract is the most northern parcel and consists of 3200 acres. The funding of the purchase was completed under the Florida Department of

Transportation (FDOT) Senate bill for five FDOT permits. Previous work on the property includes three ditch blocks and three low water crossings permitted under SAJ-

2014-00979(NW- TSD) which overall enhanced 1000 acres of wetlands. This work was completed and is currently in compliance with all permits. This scope of work is to provide maintenance of the three low water crossings by the addition of railroad ballast to these three areas shown in Figure 1.

I. OBJECTIVES

The objective of this SOW is for purchase and delivery of railroad ballast to a designated delivery location in Volusia County shown on Figure 2.

II. PROJECT DESCRIPTION

Work shall include purchase and delivery with the lowest price per ton. The product should be made of granite sized from 1.5 -2.0 inches in size.

Contractor Responsibilities include:

• Provide quotes that are firm for 90 days after the designated date and hour that quotes are to be submitted. The District reserves the right to award the contract to the next lowest available respondent in the event the successful respondent fails to enter into a contract.

• The contractor shall notify District a minimum of one week prior to the contractor delivery to the project site.

• Contractor shall provide all rock, equipment, fuel and transportation necessary to complete the job.

District or Volusia County Land Management Responsibilities include:

• District’s Project Manager will help determine routes for ingress and egress to the delivery location shown on Figure 2.

• Designate the delivery location clearly in the field

• Coordinate scheduling with the Contractor.

III. TIMEFRAMES & DELIVERABLES

Work shall be completed before September 29, 2023.

IV. BUDGET/PAYMENT SCHEDULE

The budget for this project is $11,539.00. The Contractor’s compensation will be based on the lowest Contractor’s quote per ton of railroad ballast delivered as shown on

Figure 2.

Quotes need to be valid for 90 days and completed prior to date above.

V. PROJECT MANAGER

Sandy Smith, Regulatory Scientist IV

FDOT Mitigation Program

St. Johns River Water Management District

Jacksonville Service Center

7775 Baymeadows Way, Suite 102

Jacksonville, FL 32256

Phone:(904) 222-1396

Email: ssmith@sjrwmd.com

Dean Gemeinhardt

Environmental Specialist II

Volusia County Land

Management 1110 N.

Ridgewood Avenue Deland, FL

32720

Phone: (386) 717-8013

Email: DGemeinhardt@volusia.org mailto:ssmith@sjrwmd.com mailto:DGemeinhardt@volusia.org

Figure 1: Kemcho Mitigation Area Site Location

Figure 2: Kemcho Delivery Location Detail

Exhibit 2– Cost Schedule

Item Price per ton

1.5 – 2.0-inch, Granite Railroad Ballast material. Price including delivery.

Expected Delivery time: _________________________________________________________

*Note: All prices should include shipping charges delivered to

The Kemcho Conservation Area (SJ56) located east of I-95, on the south side of SR 44, in

Sections 22, 27, and 34, Township 17 South, Range 31 East in Volusia County, Florida.

I HEREBY ACKNOWLEDGE, as Respondent's authorized representative, that I have fully read and understand all terms and conditions as set forth in this quote request and upon award of such quote, shall fully comply with such terms and conditions.

Respondent (firm name)

Address email address

Typed name and title Telephone number

Signature Date

EXHIBIT 3 - QUALIFICATIONS – GENERAL

(This form to be included in quote submittal)

As part of the quote request, Respondent shall complete the following so that the District can determine Respondent’s ability and experience regarding the proposed request.

Name of Respondent:

Year company was organized/formed:

Number of years Respondent has been engaged in business under the present firm or trade name:

Total number of years Respondent has experience in similar work described in this request:

Has Respondent previously been engaged in the same or similar business under another firm or trade name? If so, please describe each such instance.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting this bid or a prior entity that Respondent substantially operated or controlled? If yes, please describe the nature and result of those proceedings and the entity involved.

Describe the background/experience of the person or persons who will be primarily responsible for directing the Work that will be performed pursuant to this bid. This inquiry is intended to encompass the project manager and/or superintendent who will be engaged on a daily basis in directing performance of the Work.

EXHIBIT 4 – INSURANCE REQUIREMENTS

Contractor shall acquire and maintain until completion of the Work the insurance coverage listed below, which constitutes primary coverage. Contractor shall not commence the Work until the District receives and approves Certificates of Insurance documenting required coverage. Contractor’s General Liability policy shall name the St. Johns River Water Management District (the “District”) as Additional Insured.

All required policies shall include: (1) endorsement that waives any right of subrogation against the District for any policy of insurance provided under this requirement or under any state or federal worker’s compensation or employer’s liability act; (2) endorsement to give the District no less than 30 days’ notice in the event of cancellation or material change. Certificates of Insurance must be accompanied by copies of the requested endorsements.

Any deductibles or self-insured retentions above $100,000 must be declared to and approved by the District. Approval will not be unreasonably withheld. Contractor is responsible for any deductible or self-insured retention. Insurance must be placed with insurers having an A.M. Best rating of A-V or greater.

District receipt of insurance certificates providing less than the required coverage does not waive these insurance requirements.

(a) Workers’ Compensation Insurance. Workers’ compensation and employer’s liability coverage, including maritime workers’ compensation, if applicable, in not less than the minimum limits required by Florida law.

(b) General Liability. Commercial General Liability Insurance on an “Occurrence Basis,” with limits of liability not less than $1,000,000 for personal injury, bodily injury, and property damage.

Coverage shall include: (1) contractual liability, (2) products and completed operations,

(3) independent contractors, and (4) property in the care, control, or custody of the Contractor.

Extensions shall be added, or exclusions deleted to provide the necessary coverage.

(c) Automobile Liability. Minimum limits of $100,000/$300,000/$500,000