40699 IFB-Geosynth Slope Stabilization .pdf

Contract # 40699

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

GEOSYNTHETIC SLOPE STABILIZATION – ROACH ROAD AT LAKE APOPKA

INVITATION FOR BID 40699

The Governing Board of the St. Johns River Water Management District (the “District”), requests that interested parties respond to the solicitation below by 2:00 p.m., November 14, 2024. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, state of Florida’s MyFloridaMarketPlace at myfloridamarketplace.com, and Central Bidding at centralbidding.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, MyFloridaMarketPlace, Central Bidding, or the District by contacting Mark Morris, Procurement Specialist, at 386-359-4264 or rmmorris@sjrwmd.com. Responses will be opened at the Procurement Conference Room, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177

Project Description:

The objective of this project is to stabilize the north side slope of Roach Road located at the Lake Apopka North Shore (see Exhibit 1, Figure 1), using a geosynthetic stabilization product. Minimum specifications for the geosynthetic stabilization material are included (see Exhibit 2). It is the responsibility of the Contractor to properly size the geosynthetic material for this project; however, a 12-foot panel was used previously. Dimensions of the slope to be protected are shown on the Roach Road cross-section (see Exhibit 3, attached schematic). (Access to the exhibits require a signed District Standard Non-Disclosure Confidentiality Agreement, see Attachment F to Agreement herein.)

NON-MANDATORY PRE-BID CONFERENCE

The estimated budget for the Project is $250,000.00.

Americans With Disabilities Act (ADA) The District does not discriminate on the basis of disability in its services, programs, or activities. Special accommodations for disabilities may be requested through Mark Morris, Associate Procurement Specialist, or by calling (800) 955-8771 (TTY), at least five business days before the date needed.

A Non-Mandatory Pre-Bid Conference (on-site) is scheduled for November 5, 2024, at 11:00 AM, at:

SJRWMD-Apopka Field Station 25633 County Road 448A Mount Dora, FL 32757

The purpose of the pre-bid conference is to view the project area and to discuss the requirements of this solicitation. Participation is not required.

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RESPONSE CHECKLIST

This Response Checklist is provided for convenience of Respondent and shall not be relied upon in lieu of the instructions or requirements of this solicitation. To ensure that the Response is complete, please review the following items to confirm that they have been addressed and are included in the Response. Do not return this checklist with your Response.

Has Respondent met the Bid Opening deadline established in the solicitation?

Does the electronic file contain all required documentation to meet the requirements stated in the solicitation documents?

Is Respondent in good standing with the Florida Secretary of State (corporations and partnerships)?

Has Respondent prepared, organized, and completed the Bid Response correctly?

FORMS (District-provided) � Bid Form � Cost Schedule � List of proposed Subcontractors � Certificate as to Corporation � Affidavit as to Non-collusion and Certification of Material Conformance with

Specifications � Drug-Free Workplace Form (not required unless there is a tie bid)

SIMILAR PROJECTS – Using the District-provided Qualification-Similar Projects form provided. The District will not consider any additional projects or materials submitted by Respondent beyond the District-provided Qualification-Similar Projects form.

o Respondent must have successfully completed two projects of similar nature (geosynthetic slope stabilization) within the past five (5) years as of the Bid due date. Each project must have had a project value of at least $100,000.00.

Similar Project Experience: Respondent (or subcontractor, if applicable) must have no less than five years of experience on projects of a similar nature (geosynthetic slope stabilization).

This shall be shown on the District-provided form: Qualifications (General)

Client References - must use District-provided Qualification - Client Reference form

Evidence of Respondent’s eligibility to do business in Florida (business registration).

Bid Bond provided (using District-provided Bid Bond form).

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TABLE OF CONTENTS

INSTRUCTIONS TO RESPONDENTS .................................................................................................. - 4 -

1. DEFINITIONS .................................................................................................................................... - 4 -

2. CONTRACT ADMINISTRATION ..................................................................................................... - 4 -

3. WHERE TO SUBMIT BID .................................................................................................................. - 4 -

4. PREPARATION AND ORGANIZATION OF BID DOCUMENTS .................................................. - 4 -

5. OPENING OF BIDS ............................................................................................................................ - 5 -

6. INQUIRIES AND ADDENDA ............................................................................................................ - 6 -

7. BUDGET ESTIMATE ......................................................................................................................... - 9 -

8. MINIMUM QUALIFICATIONS……………………………………………………………………. - 6 -

9. BID GUARANTY ................................................................................................................................ - 7 -

10. SUBCONTRACTS ............................................................................................................................. - 8 -

11. SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................................. - 8 -

12. DISQUALIFICATION OF RESPONDENTS ................................................................................... - 8 -

13. REJECTION OF BID ......................................................................................................................... - 9 -

14. WITHDRAWAL OF BIDS ................................................................................................................ - 9 -

15. AWARDING THE AGREEMENT .................................................................................................... - 9 -

16. EXECUTION OF AGREEMENT .................................................................................................... - 10 -

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA .................................. - 10 -

18. DIVERSITY ..................................................................................................................................... - 11 -

19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEALOGICAL INTERESTS

IN GOVERNMENT CONTRACTING - F.S.287.05701 ....................................................................... - 11 -

20. FLORIDA SALES TAX .................................................................................................................. - 11 -

21. INELIGIBILITY OF RESPONDENT ............................................................................................. - 11 -

22. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES ....................................................... - 11 -

23. NOTICES AND SERVICES THEREOF ......................................................................................... - 11 -

24. PROTEST PROCEDURES .............................................................................................................. - 12 -

BID FORM ......................................................................................................................................... - 13 -

COST SCHEDULE………………………………………………………………………………….- 14 -

PROPOSED SUBCONTRACTORS .................................................................................................. - 15 - CERTIFICATE AS TO CORPORATION ......................................................................................... - 16 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL CONFORMANCE

WITH SPECIFICATIONS ................................................................................................................. - 17 - DRUG-FREE WORKPLACE FORM ................................................................................................ - 18 - QUALIFICATIONS — GENERAL .................................................................................................. - 20 - QUALIFICATIONS — SIMILAR PROJECTS................................................................................. - 21 - QUALIFICATIONS — CLIENT REFERENCES .................................. Error! Bookmark not defined.

BID BOND FORM ............................................................................................................................. - 23 - PERFORMANCE AND PAYMENT BOND .................................................................................... - 24 - NO RESPONSE FORM ..................................................................................................................... - 25 -

AGREEMENT ................................................................................................................................... - 26 - ATTACHMENT A — STATEMENT OF WORK ............................................................................ - 51 - ATTACHMENT B — INSURANCE REQUIREMENTS ................................................................ - 53 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) ..................... - 54 - ATTACHMENT D — SAMPLE FORMS: Contractor’s Affidavit and Consent of Surety to Company to Final Payment ……………………………………………………………………………………......- 55 -

ATTACHMENT E — HUMAN TRAFFICKING ATTESTATION………………………………..- 57 -

ATTACHMENT F — NON-DISCLOSURE CONFIDENTIALITY AGREEMENT ..…………….- 58 -

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INSTRUCTIONS TO RESPONDENTS

1. DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the sample contract document (the “Agreement”) that is at the end of these instructions.

2. CONTRACT ADMINISTRATION

All inquiries related to this solicitation may only be directed to the Associate Procurement Specialist:

Mark Morris, Associate Procurement Specialist Phone: 321-409-2156 Email: RMMorris@sjrwmd.com

Between the release of this solicitation and the posting of the notice of intended decision, Respondents to this solicitation or persons acting on their behalf may not contact any employee or officer of the District concerning any aspect of this solicitation, except the procurement employee listed above. Violation of this provision is grounds for rejecting a response.

3. WHERE TO SUBMIT BID

Respondent must submit its Bid in electronic format (no paper copies) either by:

(1) uploading to Demandstar portal directly at www.demandstar OR to Central Bidding portal directly at www.centralbidding.com (NOT BOTH); or

(2) delivering all files on a single pin/thumb/jump drive either by mail or hand-delivery in a sealed envelope labeled as follows:

SEALED BID – DO NOT OPEN

Respondent’s Name: ______________________ Invitation for Bid: 40699 Opening Time: 2:00 p.m.

Opening Date: November 14, 2024

Mark Morris Assoc. Procurement Specialist St. Johns River Water Management District 4049 Reid Street Palatka FL 32177

DO NOT SUBMIT YOUR BID BY EMAIL — THIS WILL RESULT IN THE BID BEING

REJECTED AS NONRESPONSIVE.

4. PREPARATION AND ORGANIZATION OF BID DOCUMENTS

Respondent must submit its Bid in an electronic format as directed in Paragraph 3, above, or the Bid may be deemed as non-responsive.

http://www.demandstar/ http://www.centralbidding.com/

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1. Respondents must submit the following fully executed documents on reproduced copies of the attached forms provided in FORMS:

a. Bid Form

b. Cost Schedule

c. List of proposed Subcontractors

d. Certificate as to Corporation

e. Affidavit as to Non-collusion and Certification of Material Conformance with

Specifications

f. Drug-Free Workplace Form (not required unless there is a tie bid)

2. Respondents must submit the original bid package in the form and manner specified herein. All blank spaces on the bid documents must be typewritten or legibly printed in ink. In the event you decline to submit a bid, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a bid.

3. Respondent must follow all procedures for digital submission or the Respondent's Bid may be determined as "non-responsive" and rejected.

4. Unless directed otherwise, all information required by the solicitation, including the forms and questionnaires listed under “1” above, must be completed (typed or handwritten) and included in the submission in electronic format (forms must be completed and converted/scanned to PDF format (Adobe).

5. The file-naming conventions for the bid shall include:

a. Bid: IFB # Respondent’s name (abbreviated) Due Date

(Example: IFB 12345 ABC Company 01-15-16)

6. Please do NOT password protect your files. The District recommends that Respondents confirm their Submittal will open correctly on a non-company owned computer. Any electronic submittal received by the District that does not open on a District-owned computer is subject to rejection as a defective response.

All of the forms and questionnaires in the Invitation for Bids package are available upon request in Microsoft® Word to aid the Respondent in submitting its Bid.

A RESPONDENT’S BID MAY BE REJECTED AS NON-RESPONSIVE FOR (1) FAILING

TO COMPLETE ALL FORMS AND QUESTIONNAIRES; (2) FAILING TO PROVIDE ALL

REQUIRED MATERIALS; OR (3) OTHERWISE FAILING TO COMPLY WITH

INSTRUCTIONS FOR PREPARATION AND ORGANIZATION OF BID.

5. OPENING OF BIDS

Respondents or their authorized agents are invited to attend the opening of the Bids at the following time and place:

2:00 p.m., November 14, 2024 St. Johns River Water Management District Headquarters 4049 Reid Street, Palatka, Florida 32177-2571

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed Bids 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 bids, proposals, submittals, or final replies, whichever is earlier. This exemption is not waived by the public opening of the Bids.

Unless otherwise exempt, Respondent’s Bid is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Bid is a trade secret as defined in

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§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 Bid and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a Bid for excessive or unwarranted assertion of trade secret confidentiality and return the Bid to Respondent.

6. INQUIRIES AND ADDENDA

District staff are not authorized to orally interpret the meaning of the specifications or other Agreement documents, 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 Invitation for Bids documents, but the Respondent is ultimately responsible for submitting the Bid in the appropriate form and in accordance with written procedures.

Every request for a written interpretation or correction must be received at least nine days prior to opening of Bids in order to be considered. Requests must be submitted by email to RMMorris@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by the solicitation advertising portals identified on Page 1 to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Bids.

Submission of a Bid constitutes acknowledgment of receipt of all addenda. Bids 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 Bid, as submitted. All addenda become part of the Agreement.

7. BUDGET ESTIMATE

The estimated budget for this Project is $250,000.00. This amount is an estimate only and does not limit the District in awarding the Agreement.

Respondents are cautioned to not make any assumptions from the budget estimate about the total funds available for the Work. The District retains the right to adjust the estimate in awarding the Agreement.

The District also reserves the right to reject all Bids if subsequent negotiations with qualified Respondents result in costs over the estimated budget amount. In addition, the District reserves the right to increase, decrease, or delete any class, item, or part of the Work in order to reduce costs for any reason. The District may discuss alternatives for reducing the cost of the Work with Respondents and make such modifications as it determines to be in its best interest.

8. MINIMUM QUALIFICATIONS

Respondent must use the “Qualification” forms (General, Similar Projects, and Client References) provided in these documents to document the minimum qualifications listed below. Failure to include these forms with the Bid may be considered non-responsive.

Similar Projects (must use District-provided Qualification – Similar Projects form)

a) Similar Projects: Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least two projects of a similar nature (geosynthetic slope stabilization) within the five years immediately preceding the date for receipt of Bids. Each project must have had a project value of at least $100,000.00.

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b) Similar Project Experience: Respondent (or subcontractor, if applicable) must have no less than five years of experience on projects of a similar nature (geosynthetic slope stabilization). This shall be shown on the District provided form: Qualifications - General

Note: Subcontractor Limitation (must acknowledge on District-provided Proposed Subcontractor form).

Respondent is limited to utilizing subcontractors for no more than 40% of the work on the project. The remaining balance of the work on the project must be performed by Respondent’s own forces.

Client references (must use District-provided Qualification - Client Reference form).

Respondent must provide three client references who can verify Respondent’s qualifications and past performance record. Respondent must have successfully completed a project for the client reference within the past 10 years. Up to two of the client references may be from the Similar Projects listed in response to subparagraph a., above. Client references must be from different Similar Projects that have been completed by Respondent (not a subcontractor). No more than one of the references may be from completed District projects.

Business Registration (Respondent-provided documentation).

Respondent must submit evidence of Respondent's qualification to do business in Florida.

Bonds and Surety (Respondent must use District-provided Bid Bond form).

Respondent must satisfy the bid guaranty and surety requirements as described in Paragraph 8, BID

GUARANTY.

Irrespective of the minimum qualifications stated above, the District may make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work. The District reserves the right to reject any Bid if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

Disqualification for Prior Performance. Respondent will be disqualified if Respondent has failed or is failing to adequately perform on any contract with the District (regardless of whether or not such performance failure has been cured), including without limitation: (1) a material breach thereof; (2) a failure to complete work in a timely manner or within the contract price when such failure is attributable to the actions or inactions of Respondent or Respondent's subcontractors or suppliers, which may or may not result in the District issuing a cure notice; (3) substandard quality of work, which may or may not result in a violation of a law, regulation, or building code; (4) any failure to cooperate with the District during performance of the contract; or (5) evidence of financial instability or irresponsibility, as may be indicated through notice of non-payment of claims or liens filed against Respondent's bond or the District by Respondent's subcontractors or suppliers. Refer to Paragraph 11 for additional information pertaining to disqualification of respondents.

9. BID GUARANTY

Each Bid must be accompanied by a Bid guaranty in the form of a Bid bond, payable to the District, for five percent of the “Total Bid Cost” indicated on the Bid. Respondent must use the District’s Bid Bond form. The Bid bond must be written through a licensed Florida agency with a company licensed to do business in the State of Florida and meeting the requirements of the Agreement. The guarantee must provide that the Bid will remain firm for 90 days after the designated date and hour of the Bid opening;

that if the Bid is accepted, Respondent must enter into a contract with the District in accordance with the

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Agreement; and that Respondent will provide any required performance and payment bonds and certificates of insurance.

If Respondent withdraws its Bid after receiving notice of acceptance thereof, Respondent will be liable to the District for the full amount of the guaranty as representing the District’s damages on account of Respondent’s default.

Within ten days after the Bid opening, the Bid guaranty will be refunded to all respondents, except the three lowest responsive and responsible Respondents. The remaining Bid guarantees will be refunded within 30 days after the District and the Successful Respondent have executed the Agreement and all other necessary documents.

Attorneys-in-fact who sign Bid bonds and performance and payment bonds must file with such bonds a certified copy of their power of attorney to sign such bonds. All bonds must be countersigned by a Florida resident agent of the surety, with proof of agency attached.

10. SUBCONTRACTS

Respondent must submit with its Bid a list of all known subcontractors who (1) will participate in more than ten percent (10%) of the Work; or (2) holds a license that Respondent intends to utilize to obtain a permit to perform the Work, on the attached “Proposed Subcontractors” form. Use of subcontractors on this project is subject to the limitation on subcontractors described in Paragraph 7 – Minimum Qualifications. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid.

11. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Bid must sign his/her name therein and state his/her address and the name and address of every other person interested in the Bid as principal.

If a firm or partnership submits the Bid, state the name and address of each member of the firm or partnership.

If a corporation submits the Bid, an authorized officer or agent must sign the Bid, subscribing the name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida.

Respondent must certify that all persons or entities having an interest as principal in the Bid or in substantial performance of the Work have been identified in the Bid forms.

12. DISQUALIFICATION OF RESPONDENTS

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

a. Contacting a District employee or officer other than the procurement employee named in this solicitation about any aspect of this solicitation before the notice of intended decision is posted;

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

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Bid;

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

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

g. Respondent has failed to adequately perform or defaulted on a previous contract with the District;

h. 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;

i. 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.

13. REJECTION OF BID

Bids must be delivered to the specified location and received before the Bid opening in order to be considered. Untimely Bids will be returned to the Respondent unopened. Bids will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, or other material irregularities. The District may consider incomplete any Bid 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 Bid.

The District reserves the right to reject any and all Bids and cancel this solicitation when it determines, in its sole judgment and discretion, that it is not in its best interest to award the agreement.

14. WITHDRAWAL OF BIDS

Respondent may withdraw its Bid if it submits such a written request to the District prior to the designated date and hour of opening of Bids. Respondent may be permitted to withdraw its Bid no later than 72 hours after the Bid opening for good cause, as determined by the District in its sole judgment and discretion.

15. AWARDING THE AGREEMENT

a. The Agreement will be awarded to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid Cost who demonstrates, in accordance with the requirements listed in the minimum qualifications of the bid documents, a verifiable history of the skill, ability, integrity, and reliability necessary for the faithful performance of the Agreement (the “Successful Respondent”). The Agreement may be modified based on the District’s acceptance of any alternatives listed in the bid that the District deems in its best interest.

b. 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 bids, proposals, submittals, 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.

c. Pursuant to §286.0113 Fla. Stat., if the District rejects all bids and concurrently provides notice of its intent to reissue the competitive solicitation, any recordings or records presented at any exempt meeting relating to the solicitation 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 bids.

d. If two or more bids 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;

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(2) to a Respondent university in the State University System pursuant to §373.63, Fla. Stat.; (3) to a Respondent whose bid contains commodities manufactured, grown, or produced within the State of Florida pursuant to §287.082 Fla. Stat.; or (4) by lot.

e. The District reserves the right to award the Agreement to the next lowest available bidder in the event the Successful Respondent fails to enter into the Agreement, or the Agreement with said Respondent is terminated within 90 days of the effective date.

f. All Respondents will be notified of the District's intent to award or decision to award the Agreement.

For the purpose of filing a bid protest under §120.57(3), Fla. Stat., the time period will commence as provided in “NOTICES AND SERVICES THEREOF.”

16. EXECUTION OF AGREEMENT

Submittal of a Bid binds the Successful Respondent to perform the Work upon acceptance of the Bid and execution of the Agreement by the District.

Unless all Bids are rejected, a contract substantially in the form included in these documents will be provided to the Successful Respondent, who must execute and return the Agreement to the District within ten days of the date of receipt, along with the following:

a. A completed Internal Revenue Service Form W-9 (do not submit with response to this solicitation);

b. Satisfactory evidence of all required insurance coverage;

c. Proof satisfactory to the District of the authority of the person or persons executing the Agreement on behalf of Respondent;

d. All other information and documentation required by the Agreement.

The District will not execute the Agreement until the above documents have been executed and delivered to the District. The Agreement will not be binding until executed by the District. A copy of the fully executed Agreement will be delivered to the Successful Respondent. The District reserves the right to cancel award of the Agreement without liability at any time before the Agreement has been fully executed by all parties and delivered to the Successful Respondent.

Failure upon the part of the Successful Respondent to execute the Agreement or timely submit the required evidence of insurance coverage, or any other matter required by the Agreement, will be just cause, if the District so elects, for the recommended award to be annulled.

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

Respondent is solely responsible for being fully informed of the conditions under which the Work is to be performed in relation to existing conditions. Respondent is responsible for carefully examining the general area of the Work, the requirements of the drawings and other contract documents related to the Work, the time in which the Work must be completed, and any other details of the Work. Respondent must satisfy itself from its own personal knowledge and experience or professional advice as to the character of the Work, the conditions and materials to be encountered, the character, quality, and quantities of the Work, and any other conditions affecting the Work, including surrounding land.

Failure to satisfy the obligations of this paragraph will not relieve a Successful Respondent of its obligation to furnish all material, equipment, and labor necessary to perform the Agreement and to complete the Work for the consideration set forth in its Bid. Any such failure will not be sufficient cause to submit a claim for additional compensation.

No verbal agreement or conversation with any District officer, agent, or employee, either before or after the execution of the Agreement, will affect or modify any of its terms.

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18. DIVERSITY

The District is committed to the opportunity for diversity in the award and performance of all procurement activities. The District encourages its 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.

19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEALOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S.287.05701

Notice is hereby provided that pursuant to Section 287.05701, Florida Statutes, the District (1) will not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder and (2) may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

20. FLORIDA SALES TAX

The District is exempt from payment of State of Florida sales tax pursuant to §212.08(6), Fla. Stat. Any tangible personal property that is the subject of this Invitation for Bids is intended to remain tangible personal property and not become part of a public work owned by the District.

21. INELIGIBILITY OF RESPONDENT

In accordance with §287.133, §287.134, and §287.135, Fla. Stat., a person or affiliate who has been (a) placed on the Scrutinized Companies (sec. 287.135, Fla. Stat.), Discriminatory (sec. 287.134, Fla. Stat.), or Convicted (sec. 287.133, Fla. Stat.) lists, (b) engaged in a Boycott of Israel (sec. 287.135, Fla. Stat.), or (c) engaged in business operations in Cuba or Syria (sec. 287.135, Fla. Stat.) has limitations on its eligibility to participate in the solicitation process with a public entity, including, but not limited to, being ineligible to submit a bid, proposal, or reply on a contract to provide any goods or services, or for the construction or repair of a public building or public work, or for leases of real property to a public entity. Further, said person or affiliate may not be awarded or perform work as a consultant, contractor, supplier, or subconsultant under a contract with any public entity; and may not transact business with any public entity for a period of time as set forth in the respective statutes.

22. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES

Respondent may provide services to other State of Florida governmental entities pursuant to the terms and conditions of the Agreement. These governmental entities include other water management districts, state of Florida agencies (including members of the state university system and community college system), counties, school boards, municipalities, special districts, and other local public agencies or authorities. References to the St. Johns River Water Management District in the Agreement will be replaced with the purchasing entity and the District will not be a party to any other governmental entity’s agreement to purchase. Nor will the District be responsible for payment for any goods or services delivered or performed for any other governmental entity that utilizes Respondent pursuant to this paragraph.

23. NOTICES AND SERVICES THEREOF

The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on the solicitation advertising portals identified on Page 1 and may also be accessed through the District’s web site at sjrwmd.com. In addition, the District will post notices of intended agency decisions at the District’s headquarters, 4049 Reid Street, Palatka,

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Florida, Administration Building, Procurement Bulletin Board, on the date the publication is posted on Onvia DemandStar.

Notices will be posted for a minimum of 72 hours. 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 posted.

As a courtesy to Respondents, the District may send copies of the notices of intended agency decisions via email or facsimile to Respondent. These courtesy communications neither constitute official notice nor vary the times of receipt set forth above.

24. PROTEST PROCEDURES

Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the terms, conditions, or specifications contained in a solicitation, including addenda, must file a Notice of Protest within 72 hours after its posting.

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 written Notice of Protest within 72 hours after posting of the decision or intended decision.

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. 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 District’s estimated contract amount.

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.

The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

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.

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BID FORM

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RESPONDENT:

The undersigned, as Respondent, hereby declares and certifies that the only person(s) or entities interested in this bid as principal(s), or as persons or entities who are not principal(s) of the Respondent but are substantially involved in performance of the Work, is or are named below, and that no person other than mentioned below has any interest in this bid or in the Agreement to be entered into; that this bid is made without connection with any other person, company, or parties making a bid; and that this bid is in all respects fair and in good faith without collusion or fraud.

Respondent represents to the District that, except as may be disclosed in an addendum hereto, no officer, employee, or agent of the District has any interest, either directly or indirectly, in the business of Respondent to be conducted under the Agreement, and that no such person shall have any such interest at any time during the term of the Agreement, should it be awarded to Respondent.

Respondent further declares that it has examined the Agreement and informed itself fully in regard to all conditions pertaining to this solicitation; it has examined the specifications for the Work and any other Agreement documents relative thereto; it has read all of the addenda furnished prior to the bid opening, as acknowledged below; and has otherwise satisfied itself that it is fully informed relative to the Work to be performed.

Respondent agrees that if its bid is accepted, Respondent shall contract with the District in the form of the attached Agreement and shall furnish everything necessary to complete the Work in accordance with the time for completion specified in the Agreement and shall furnish the required evidence of the specified insurance.

Acknowledgment is hereby made of the following addenda (identified by number) received:

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title

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COST SCHEDULE

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Bid to be opened at 2:00 p.m., November 14, 2024

To: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

In accordance with the advertisement requesting bids for the Geosynthetic Slope Stabilization at Roach Road- Lake Apopka North Shore project, subject to the terms and conditions of the Agreement, the undersigned proposes to perform the Work for the costs contained in the following schedule (fill in all blanks). The Agreement will be awarded to the lowest responsive and responsible Respondent for the Total Cost (also known as the “Total Bid Cost”). Respondent should not have any expectation or promise as to the quantities listed below but rather will be prepared to complete the entire Project for the Total Bid Cost. Respondent’s Total Bid Cost in the schedule below must be fixed and guaranteed for the term of the Agreement, regardless of the actual quantities of Work required by the District.

Respondents are reminded to refer to “PREPARATION AND ORGANIZATION OF BID DOCUMENTS” for information to be included with the bid package.

DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

MEASURE

UNIT

PRICE

TOTAL BID

COST

(Estimated Quantity x Unit Price)

Geosynthetic Shoreline Stabilization (provide and install materials in-place)

3,875 linear feet $ $

AIS Requirement. If the solicitation concerns a Public Works project or involves the procurement of materials for use in a Public Works project as defined in Sec. 255.0993, Fla. Stat., the Respondent hereby acknowledges that it is obligated to comply with the American Iron and Steel Requirement (the “AIS Requirement”) set forth therein and Respondent hereby certifies that any iron or steel product contained in this Cost Schedule that is to be permanently incorporated into the subject project will be produced in the United States in accordance with the AIS Requirement. Respondent agrees that it shall be responsible for any penalty imposed as a result of Respondent’s failure to comply with the AIS Requirement. In addition, Respondent has included any costs associated with the AIS Requirement into this cost schedule.

VERIFICATION

UNDER PENALTIES OF PERJURY, I HEREBY DECLARE, as Respondent’s authorized officer or representative, that I have fully read the Respondent’s Bid, of which this Cost Schedule is a part, all facts stated in the Bid are true, I understand all terms and conditions as set forth therein, and upon award of such Bid, Respondent shall fully comply with such terms and conditions.

Signature Telephone number

Typed name and title

Respondent (firm name) Date

Address

E-mail address

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PROPOSED SUBCONTRACTORS

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Respondent must submit with its Bid a list of all known subcontractors who will participate in more than ten percent of the Work. If none, so indicate. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid. Attach additional sheets if necessary.

1. Name and address of subcontractor:

Description of work:

Estimated value of Work:

2. Name and address of subcontractor:

3. Name and address of subcontractor:

4. Name and address of subcontractor:

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CERTIFICATE AS TO CORPORATION

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The below Corporation is organized under the laws of the State of ; is authorized by law to respond to this Invitation for Bids and perform all work and furnish materials and equipment required under the Agreement; and is authorized to do business in the state of Florida.

Corporation name:

Address:

Registration No.:

Registered Agent:

By:

(Official title) (Affix corporate seal)

Attest:

(Secretary)

The full names and business or residence addresses of persons or firms interested in the foregoing bid as principals or officers of Respondent are as follows (specifically include the President, Secretary, and Treasurer and state the corporate office held of all other individuals listed):

Identify any parent, subsidiary, or sister corporations involving the same or substantially the same officers and directors that will or may be involved in performance of the Project, and provide the same information requested above on a photocopy of this form.

If applicable, attach a copy of a certificate to do business in the state of Florida, or a copy of the application that has been accepted by the state of Florida to do business in the state of Florida, for the Respondent and/or all out-of-state corporations that are listed pursuant to this form.

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AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF

MATERIAL CONFORMANCE WITH SPECIFICATIONS

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STATE OF

COUNTY OF

I, the undersigned, being first duly sworn, depose and say that:

1. I am the owner or duly authorized officer, representative, or agent of:

the Respondent that has submitted the attached bid.

2. The attached bid is genuine. It is not a collusive or sham bid.

3. I am fully informed respecting the preparation and contents of, and knowledgeable of all pertinent circumstances respecting the attached bid.

4. Neither Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted, or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement, collusion, communication, or conference with any other Respondent, firm, or person to fix the price or prices in the attached bid of any other Respondent , or to fix any overhead, profit, or cost element of the bid prices or the bid price of any other Respondent, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the District or any other person interested in the proposed Agreement.

5. The price(s) quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

6. No official or other officer or employee of the District, whose salary or compensation is payable in whole or in part by the District, is directly or indirectly interested in this bid, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits therefrom.

7. Any materials and equipment proposed to be supplied in fulfillment of the Agreement to be awarded conform in all respects to the specifications thereof. Further, the proposed materials and equipment will perform the intended function in a manner acceptable and suitable for the intended purposes of the District.

Signature:

Title:

Subscribed and sworn to before me this _______ day of _______________, 20 ___.

Notary Public, state of _________________ at Large

My commission expires:

(SEAL)

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DRUG-FREE WORKPLACE FORM

This form required only in the event of a tie response

The Respondent, (business name) , in accordance with §287.087, Fla. Stat., hereby certifies that Respondent does the following:

1. Informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations

2. Publishes a statement notifying employees that

a. the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against its employees for violations of such prohibition.

b. as a condition of working on the contractual services that are the subject of this solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any…