42444IFB26 Sheet Pile Install Lk Washington.pdf

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It is the responsibility of Respondents who receive this solicitation from sources other than the portals identified above or St.

Johns River Water Management District to contact the District’s Procurement staff prior to the due date to ensure any updates/addenda are received in order to submit a responsible and responsive offer. If you fail to submit a complete and accurate document, the District may deem the offer non-responsive and reject your submittal.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer:

Addendum No. Date Addendum No. Date Addendum No. Date

RESPONDENT NAME:

STREET ADDRESS:

MAILING ADDRESS (IF DIFFERENT):

PRIMARY E-MAIL ADDRESS (required)

SECONDARY E-MAIL ADDRESS (required)

TELEPHONE: ( ) YEAR COMPANY WAS ESTABLISHED

NAME/TITLE OF PERSON SUBMITTING:

SIGNATURE OF PERSON SUBMITTING:

This document must be completed and returned with your submittal

THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

INVITATION FOR BIDS

42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

The St. Johns River Water Management District (the “District”) is seeking submittals from General Contractors to install 200 linear feet +/- of sheet pile to construct a sheet pile wall along the south side of the Lake Washington weir. (the “Work”). The estimated budget for the Work is $400,000. A bid bond in the amount of five percent (5%) of the total base bid amount must be included in Respondent’s submittal. All Work shall be completed by December 31, 2026.

Interested and qualified Respondents are invited to submit a complete submittal package in accordance with the requirements and specifications detailed in this solicitation. Submittals shall address all elements of the Scope of Work and comply with the terms and conditions set forth herein.

Further information is available through DemandStar at demandstar.com, Central Bidding at centralbidding.com, the state of Florida’s MyFloridaMarketPlace at myfloridamarketplace.com or the District’s website at sjrwmd.com. Solicitation packages may be obtained from the above portals. Respondents may also request the solicitation package directly from the District.

For all requests or questions relating to this solicitation, please contact:

Shari Chinevere, Procurement Manager

Phone: 386-643-1172 or E-Mail: slchinev@sjrwmd.com

NON-MANDATORY PRE-BID MEETING – July 28, 2026; 10:00AM

Location: 6000 Lake Washington Rd, Melbourne, FL 32934

LAST DAY FOR QUESTIONS – July 30, 2026; 5:00PM

SUBMITTAL DUE DATE

2:00PM Thursday, August 6, 2026

PLEASE NOTE! Submittal shall include all required documents and forms requested in this solicitation or the submittal may be rejected and deemed non-responsive.

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42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

TABLE OF CONTENTS

Cover Sheet Page 1

Table of Contents Page 2

PART 1 – Scope of Work Pages 3-6

Bid Form Page 7

PART 2 – Submittal Requirements & General Information Pages 8-13

PART 3 – Required Documents & Forms Pages 14-22 (NOTE! Additional documents not included in this section may be required)

PART 4 – Draft Agreement Pages 23-54

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42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

PART 1 – SCOPE OF WORK

I. INTRODUCTION/BACKGROUND:

Lake Washington, located on the St. Johns River in east central Florida, is the major drinking water supply source for the City of Melbourne in Brevard County. The lake is dammed at its north end by a concrete weir, the Lake Washington weir (see Figure 1). This weir, 165 ft in length, was constructed to protect water supplies during low-flow periods. In addition, a 600 linear feet +/- metal sheet pile wall was constructed on the north bank (upstream of the weir) to restrict/prevent airboat access through the marsh/wetland in this area.

Over the past two years, areas on the upstream south side of the weir have breached, allowing water to bypass the weir and allow flow through the marsh on the south side and downstream of the weir. These smaller breaches have been sandbagged to minimize flow around the weir. It is the intent to install a new sheet pile wall to prevent further erosion of the marsh in this general area.

II. OBJECTIVE:

Install 200 linear feet +/- of sheet pile and pile cap (District provided) in accordance with the following specifications to construct a sheet pile wall along the south side of the Lake Washington weir. Work shall commence upon the date stated in the Notice to Proceed. The start date is anticipated to be November 2, 2026, with a completion date of December 31, 2026. Contractor shall mobilize within 14 calendar days of the Notice to Proceed and shall commence on-site Work promptly thereafter, unless otherwise approved in writing by the District.

III. SUMMARY OF SCOPE OF WORK

Contractor’s Responsibility

(a) Provide the District a minimum of twenty-four (24) hour notice prior to start of Work.

(b) Coordinate all work with the District’s Project Manager (“DPM”) to ensure that a District representative is present during the performance of the Work for monitoring and coordination purposes only. Contractor retains sole responsibility for means, methods, sequences, safety, and supervision of the Work.

(c) Provide all labor, materials (excluding steel sheet piles and caps), and equipment necessary to perform the Work in general accordance with this Scope of Work. Steel sheet piles and pile caps will be furnished by the District and delivered to the staging area.

(d) Coordinate delivery timing through the DPM to the Lake Washington Boat Ramp staging area and coordinate with the District’s supplier as directed by the District.

(e) Be present at the staging area upon delivery and be responsible for unloading, handling, storing, and protecting, the steel sheet piles and caps as well as transporting same from staging area to the Work site.

Risk of loss or damage to materials shall transfer to Contractor upon delivery at the staging area.

(f) Mobilize equipment and barges to work site.

(g) Load sheet pile on barges as necessary and deliver to work site.

(h) Set up sheet pile alignment and drive sheet piles to grade. Sheet pile shall start at the existing concrete wingwall of the airboat cross-over and extend approximately 200-feet to the east (see Figure 2 - Work Site). Top elevation of sheet piles shall be the same elevation as the existing metal sheet pile wall on the north slope. Contractor shall provide survey information for review and approval by District

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(i) Seal space between the sheet pile and the concrete wingwall to minimize flow through this gap .

Complete seal in accordance with industry standards and achieve a condition that prevents measurable leakage under normal operating conditions. Provide District with proposed plan for approval prior to commencing this portion of the Work.

(j) Sheet piles and caps shall be installed in accordance with the FDOT specification 455 excluding predrilling or punching.

(k) Demobilize from site. The Contractor shall take care to protect all existing structures, roads, utilities and other improvements from damage. Additionally, the Work will be considered complete only after all rubbish and unused material connected with the Work has been removed and the premises left in a condition satisfactory to the District. All property disturbed or damaged during execution of the Work shall be restored to its former condition or better at no additional expense to the District.

District’s Responsibility

(a) Coordinate and provide authorized site access to Contractor. Access to Lake Washington Park and associated staging areas is subject to coordination with Brevard County and applicable public access requirements. Contractor shall comply with all site access restrictions and coordination requirements. Delays caused solely by third-party access restrictions may be considered for time extension but not additional compensation, as reasonably determined by the District.

(b) Provide construction observation through the DPM for monitoring and coordination purposes only.

(c) Provide staging and barge loading area at Lake Washington boat ramp. Access/staging is subject to coordination and applicable public access requirements.

(d) Purchase and have shipped to Lake Washington Park steel sheet piles .

(e) Maintain water elevation as high as practical to allow barges access to the site. However, the

District makes no warranty of navigability or continuous access. Contractor acknowledges that water levels and site access conditions may fluctuate and shall be responsible for all means, methods, equipment selection, and sequencing, necessary for completing the Work. Such conditions shall not constitute a basis for additional compensation or a delay claim except as otherwise expressly permitted under the Agreement.

(f) Obtain all permits required for its means and methods of construction, including any county or municipal permits, as set forth in this Agreement. The District shall provide all permits assigned to it under this Agreement.

(g) Conduct final walk-through with Contractor.

DPM:

Rayford McCain, Program Manager Bureau of Operations and Maintenance 321-212-9329 (cell) rmccain@sjrwmd.com (email)

Figures and Exhibits Figure 1 – Lake Washington Weir Figure 2 – Work Site

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FIGURE 1 – LAKE WASHINGTON WEIR

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FIGURE 2 – WORK SITE

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BID FORM

DESCRIPTION TOTAL COST*

Install 200 linear feet +/- of sheet pile and pile cap (District provided) in accordance with the specifications to construct a sheet pile wall along the south side of the Lake Washington weir, per scope.

*The Total Cost shall be all-inclusive and shall cover all labor, materials, P&P Bonds, equipment, barges, mobilization, demobilization, surveying, transportation, installation, sealing, site restoration, cleanup, supervision, and all other incidental costs necessary to provide a complete and fully functional turnkey project in accordance with the Scope of Work. Steel sheet piles and caps will be furnished by the District. No additional compensation will be provided for costs necessary to complete the Work.

PUBLIC RECORDS: Florida Statutes provide that sealed submittals or replies received by the District shall remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier.

This means that Respondents will not be able to obtain a copy of their competitors’ submittals until the statutory time has elapsed.

UNIT PRICES: Unit prices on the Bid Form may be used to correct any extensions, and if adjusted, will be identified on the detailed tabulation as corrected. Unit costs will not be changed. If Respondent fails to include a unit price and only includes the total, the District reserves the right to mathematically calculate the unit cost and enter to establish a price for the Agreement and potential additional purchases of affected line items.

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 §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.

UNDER PENALTIES OF PERJURY, I, as the Respondent’s authorized officer or representative, hereby declare that I have fully reviewed the Respondent’s submittal, of which this Cost Schedule is a part; that all facts stated in the submittal are true; that I understand all terms and conditions set forth in the District’s solicitation; and that, if awarded, the Respondent shall fully comply with all terms and conditions.

Name of Respondent Company

Authorized Representative Signature Date

Printed Name/Title

This document must be completed and returned with your submittal

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42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

PART 2 – GENERAL INFORMATION AND REQUIREMENTS

Thank you for your interest in working with the St. Johns River Water Management District. Please direct questions regarding the submittal documents and specifications to the District’s Procurement Staff member listed on the first page of this solicitation, in writing. We look forward to working with you. Pertinent information and required documents regarding this solicitation as part of a responsive submittal are listed below.

The District will publish notice of specifications and criteria, including addenda, intended District decisions, or other matters pertinent to this solicitation on portals identified on the first page of this document.

2.1 MINIMUM QUALIFICATIONS Respondent shall satisfy the following minimum qualifications in order to be considered. Instructions for providing this documentation are provided herein. Failure to provide required documentation as instructed may result in a submittal being rejected as non-responsive.

a. Experience: Respondent must have a minimum of 10 years of experience constructing sheet pile walls similar in size and scope to the Work described in this solicitation.

b. Similar projects: Respondent must have successfully completed a minimum of three projects similar in size and scope to the Work described in this solicitation. Respondent shall provide the required project information on the SIMILAR PROJECTS FORM. The District reserves the right to determine whether a project qualifies as “similar.” Any similar project submitted by Respondent must have been performed for a project owner/administrator that is independent of Respondent. For purposes of this solicitation, “independent” means a project owner/administrator that is not: (i) the Respondent; (ii) a relative of Respondent; (iii) an employee, officer, director, agent, or representative of Respondent; or (iv) a parent, subsidiary, affiliate, commonly owned entity, joint venture partner, or other entity under common control with the Respondent.

c. Specific License Requirements: If Respondent is a sole proprietor, Respondent must submit evidence that Respondent is a Florida Licensed General Contractor. If Respondent is a business organization (corporation, limited liability company, partnership, etc.), Respondent must submit evidence that Respondent has a primary qualifying agent that is itself licensed in accordance with Chapter 489, Florida Statutes, to perform the Work contemplated in the Agreement herein.

d. 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 submittal 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.

2.2 BUDGET ESTIMATE

The estimated budget is an estimate only and does not limit the District in awarding the Agreement.

Respondents are cautioned to not make any assumptions from the District Project Manager’s construction 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 engineer's construction estimate. 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.

2.3 HOW TO ASSEMBLE YOUR SUBMITTAL

The following documents and forms shall accompany any submittal in the order identified. Please do not include items not requested. A submittal returned without these documents may be deemed non-responsive. The District reserves the right to request additional information from any Respondent prior to award.

Forms included in this solicitation Cover Page/Addendum Acknowledgement Bid Form General Qualifications Questionnaire Similar Projects Form

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Proposed Subcontractors Certificate as to Respondent’s Authority to do Business in the State of Florida Affidavit as to Non-collusion and Certification of Material Conformance with Specifications Drug-Free Workplace Form (not required unless there is a tie bid) Submittal Acknowledgement Form

Respondent provided documentation Bid Bond (five percent (5%) of the total base bid amount) ______Certificate of Insurability - as noted in Section titled PROOF OF INSURABILITY, herein Proof of Respondent’s active registration on www.sunbiz.org Proof of Respondent’s active registration with the U.S. Department of Homeland Security’s E-Verify system

(Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.e-verify.gov).

Copy of current General Contractor’s license as required by the City/County/State/this solicitation.

NOTE! A Respondent’s submittal may be rejected as non-responsive for:

(a) Failing to complete all forms;

(b) Failure to provide all required materials; or

(c) Otherwise failing to comply with instructions for preparation and organization of submittal.

2.4 PROOF OF INSURABILITY

The submittal shall contain proof of insurability issued by a company authorized to do business in the State of Florida, and with an A.M. Best Company rating of at least A- for the required insurance(s) as further detailed in Agreement under the Section titled Insurance.

NOTE! The successful Respondent shall be required to obtain and provide a Certificate of Insurance, submitted concurrently with the executed Agreement, that meets all specified requirements, references the applicable Agreement number, and names the St. Johns River Water Management District as an additional insured.

2.5 HOW TO SUBMIT A RESPONSE TO THIS SOLICITATION

(a) Respondent’s submittal shall be in electronic format (no paper copies) either by uploading to DemandStar directly at www.demandstar.com OR to Central Bidding directly at www.centralbidding.com (NOT BOTH);

OR by delivering all files on a single pin/thumb/jump drive either by mail or hand delivery in a sealed envelope.

Label all sealed envelopes as follows:

SEALED SUBMITTAL – DO NOT OPEN

Respondent’s Name: ___________________________________________ Invitation for Bids: 42444IFB26, Sheet Pile Installation - Lake Washington Weir Submittal Due Time: 2:00PM Submittal Due Date: August 6, 2026

Shari Chinevere, Procurement Manager St. Johns River Water Management District District Headquarters 4049 Reid Street Palatka, FL 32177

**Please note that the U.S. Postal Service does not deliver regular mail or express mail to the above address. The District’s experience is that Federal Express and United Parcel Service will. The District is not responsible for and will not accept or consider late submittals due to delays caused by any mail, package or courier service, including the U.S. mail, or caused by any other occurrence.

DO NOT SUBMIT VIA E-MAIL — THIS WILL RESULT IN THE SUBMITTAL BEING REJECTED AS

NON-RESPONSIVE.

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

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(b) All blank spaces on the solicitation documents shall be typewritten or legibly printed in ink. In the event you decline to submit a response, the District would appreciate submittal of the form title NO RESPONSE FORM provided in this solicitation to describe the reason for not submitting a response.

(c) Please do not password protect files saved to a pin/thumb/jump drive. The District recommends that Respondents confirm their submittal documents will open correctly on a non-Respondent-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. The file naming conventions for the solicitation shall clearly identify specific information, such as the solicitation number and Respondent’s name (Example: 12345IFB78, ABC Company).

2.6 SIGNATURE AND CERTIFICATION REQUIREMENTS

If an individual submits a response to this solicitation he/she must sign his/her name therein and state his/her address and the name and address of every other person interested in this solicitation as principal.

If a partnership submits a response to this solicitation, state the name and address of each member of the partnership.

If a corporation or limited liability company submits a response to this solicitation, an authorized agent or officer/member must sign the submittal, subscribing the name of the entity with the individual’s own name and affixing the corporate seal (if applicable). Such agent or officer/member shall also provide the name of the state under which the entity is chartered/formed, and the names and business addresses of the officers/members.

All Respondents shall:

(a) Submit evidence of registration with the Florida Secretary of State for doing business in the state of Florida.

(b) Certify that all persons or entities having an interest as principal in this solicitation or in substantial performance of the Work have been identified in the submittal forms.

2.7 PROHIBITED COMMUNICATION

To ensure a fair and impartial evaluation process, the District strictly prohibits any communication related to this solicitation with any District office, department, bureau, or employee during the submission and evaluation period, except as expressly authorized in this solicitation. Respondents are specifically prohibited from initiating any contact or communication with any District official or employee involved in the evaluation or consideration of submittals, including but not limited to the Executive Director and members of the Governing Board of the St. Johns River Water Management District, prior to the issuance of an award decision. All communication regarding this solicitation shall be initiated by the District’s Procurement staff, and solely for the purpose of obtaining information or clarification necessary for the proper evaluation of submittals. Any attempt by a Respondent to engage in unauthorized communication may result in disqualification from consideration for award under this solicitation and may further result in exclusion from future procurement opportunities with the District.

2.8 PRE-SUBMITTAL MEETINGS, INQUIRIES AND ADDENDA

If scheduled, the pre-submittal meeting information will appear on the first page of this solicitation. If the pre-submittal meeting is not designated as mandatory, then attendance at the pre-submittal meeting is strongly recommended. If the pre-submittal meeting is designated as MANDATORY, each Respondent shall attend or its submittal will not be accepted.

During this meeting, the project scope, procedures, and specifications will be discussed. It is also the only opportunity during the open solicitation period for attendees to ask questions directly to the end user.

District staff are not authorized to provide oral interpretations or clarifications of the solicitation documents, including specifications or other agreement terms. All binding interpretations or corrections shall be provided in writing, come only from Procurement staff, and be issued as part of an official addendum to this solicitation. The assigned Procurement Specialist may provide general guidance on District procedures and assist in referencing applicable sections of the solicitation documents; however, Respondents remain fully responsible for understanding and following all written requirements and submit accordingly.

In order to be considered all requests for a written interpretation or correction shall be submitted via e-mail before the deadline for questions stated in this solicitation. All official responses, including clarifications, corrections, or supplemental instructions, will be issued in writing via addenda and posted on the solicitation portals listed on Page 1 of this document, prior to the submittal due date.

By submitting on this solicitation, Respondent is bound by and shall acknowledge receipt of all issued addenda.

Submittals will be interpreted as if all addenda were received, whether or not Respondent actually reviewed the addenda.

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Failure to receive or review an addendum does not relieve Respondent of any obligations under the solicitation or resulting Agreement. All addenda become an official part of the Contract Documents (defined in the Agreement).

2.9 OPENING OF SUBMITTALS

Respondents or their authorized agents are invited to attend the opening of the submittals. The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed submittals 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 submittals or final replies, whichever is earlier. This exemption is not waived by the public opening of the submittals.

Unless otherwise exempt, Respondent’s submittal is a public record subject to disclosure upon expiration of the above exemption period. If any information included in the submittal is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla. Stat., Respondent shall 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.

2.10 DISQUALIFICATION OF RESPONDENTS

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

(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 submittal 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.

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

(f) Respondent is failing to adequately perform on any existing agreement with the District.

(g) Respondent has defaulted on a previous agreement 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 documented unsatisfactory past performance by Respondent on work performed on a District project.

(j) Any other documented, objective condition that reasonably demonstrates Respondent’s inability to perform the Work.

2.11 REJECTION OF SUBMITTAL

Submittals shall be delivered to the specified location and received before the designated due date and time in order to be considered. Untimely submittals will be returned unopened. Submittals 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 submittal not prepared and submitted in accordance with the provisions specified herein and the District reserves the right to waive any minor deviations or irregularities in an otherwise valid submittal.

The District reserves the right to reject any and all submittals 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.

2.12 WITHDRAWAL OF SUBMITTALS

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

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2.13 PROTEST PROCEDURES

Notices of Intended Decision 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 Fla. Admin. Code R. 28-110.003, commences at the time notices are posted.

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

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

(b) Pursuant to §120.57(3), Fla. Stat., and Fla. Admin. Code R. 28-110.003, any person adversely affected by a District decision or intended decision to award a contract, or to reject all submittals, proposals, or qualifications, shall file a written Notice of Protest with the District Clerk within 72 hours after posting of the decision or intended decision.

(c) Pursuant to §120.57(3), Fla. Stat., and Fla. Admin. Code R. 28-110.004, a Formal Written Protest shall be filed with the District Clerk within ten (10) days after the date the Notice of Protest is filed with the District. The Formal Written Protest shall 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 shall 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 agreement amount.

(d) No additional time will be added for mailing. All filings shall comply with Fla. Admin. Code R. 28-106.104 and shall 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 any electronically transmitted facsimile pleadings, petitions, Notice of Protest or other documents.

(e) The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by e-mail is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Fla. Admin. Code R. 28-101.001), 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.

(f) 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.

2.14 AWARDING THE AGREEMENT

(a) 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 the Section titled PROTEST PROCEDURES, herein.

(b) The Agreement will be awarded to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid as reflected on the Bid Form who demonstrates, in accordance with the requirements of the submittal 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 submittal that the District deems in its best interest.

(c) If two or more submittals are equal in all respects, the Agreement will be awarded as follows: (1) to Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form; (2) to a Respondent university in the State University System pursuant to §373.63, Fla. Stat.; (3) to a Respondent whose submittal contains commodities manufactured, grown, or produced within the state of Florida pursuant to §287.082 Fla.

Stat.; or (4) by lot.

(d) The District reserves the right to award the Agreement to the next lowest available Respondent 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.

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(e) 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 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.

(f) Pursuant to §286.0113 Fla. Stat., if the District rejects all submittals 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 submittals.

(g) Upon award, Respondent becomes Contractor.

2.15 EXAMINATION OF CONTRACT DOCUMENTS

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 (defined in the Agreement) related to the Work, the time in which the Work shall be completed, and any other details of the Work. Respondent shall 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 submittal. 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.

2.16 EXECUTION OF AGREEMENT

(a) By submitting a response to this solicitation, Respondent represents and warrants that its submittal is a firm offer. Upon the District’s issuance of a notice of award (or other written acceptance), the Successful Respondent is bound to the terms, pricing, and commitments set forth in its submittal, as accepted by the District, together with the District’s solicitation documents.

(b) The Successful Respondent shall execute the District’s Agreement in the form provided (with any District-approved changes) and shall not condition, qualify, or withdraw its submittal, or refuse to sign the Agreement, after award. Failure to timely execute the Agreement and proceed with performance as required may be deemed a breach and may result in rejection of the submittal, cancellation of award, and any other remedies available to the District under the solicitation, the Agreement, or applicable law.

(c) Unless all submittals are rejected, the Successful Respondent shall execute and return the Agreement to the District within 10 business days of receipt along with each of the following:

(1) A completed Internal Revenue Service Form W-9.

(2) Satisfactory evidence of all required insurance coverage.

(3) Proof satisfactory to the District of the authority of the person or persons accepting the terms and conditions of this Solicitation on behalf of Respondent.

(4) All other information and documentation required by the Agreement.

(d) 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

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Agreement will be sent via e-mail 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.

(e) 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.

2.17 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 solicitation is intended to remain tangible personal property and not become part of a public work owned by the District.

2.18 BONDING

(a) Payment and Performance Bond. It is the District's discretion to require payment & performance (“P&P”) bonds for construction work contract valued at $200,000 or less. P&P bonds are required for any public works construction project contract valued at over $200,000 per Florida Statute §255.05. Once awarded the Agreement, the Successful Respondent is responsible to have those P&P bonds recorded with the Clerk of the Court in the county where the work will be performed. Recorded bonds shall be received and verified by Procurement before any work can commence.

(b) Bid Bond. A bid bond in a form acceptable to the District in the amount of five percent (5%) of the total base bid amount shall accompany any submittal when requested in the solicitation. A bid bond constitutes a pledge by Respondent that upon award, Respondent will enter into an Agreement with the District on the terms stated in Respondent’s submittal.

2.19 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 vendor list following a conviction for a public entity crime or placed on the discriminatory vendor list may not submit a bid, proposal, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on an agreement 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, subcontractor, supplier, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §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.

2.20 USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES – This section does not apply to this solicitation.

2.21 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

IN GOVERNMENT CONTRACTING

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

2.22 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 Shari Chinevere, Procurement Manager, or by calling (800) 955-8771 (TTY), at least five (5) business days (Mon – Fri) before the date needed.

2.23 DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the draft Agreement below.

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PART 3 – REQUIRED DOCUMENTS AND FORMS

The following forms must be included in Respondent’s submittal:

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42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

GENERAL INFORMATION QUESTIONNAIRE

Respondent’s company name

Number of years engaged in business under the present company name.

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

Total number of years of Respondent’s experience performing similar Work as described in this solicitation.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting on this solicitation or a prior entity that Respondent substantially operated or controlled? ___ Y ___ N

If yes, please describe the nature and result of those proceedings and the entity involved.

Has Respondent (including any parent, subsidiary, affiliate, or predecessor) ever been debarred, suspended, or otherwise excluded from doing business with any federal, state, or local government entity in the United States of America? ___ Y ___ N

If so, explain.

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 solicitation. This inquiry is intended to encompass the Project Manager(s) who will be engaged on a daily basis in directing performance of the Work.

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42444IFB26 SHEET PILE INSTALLATION - LAKE WASHINGTON WEIR

SIMILAR PROJECTS FORM

As part of the submittal, Respondent shall complete the following so that the District can determine Respondent’s satisfaction of the minimum qualifications of this solicitation.

Provide a minimum of three (3) projects completed within the last ten (10) years that are similar in size and scope to the Work described in this solicitation. For purposes of this solicitation, a similar project is defined as the installation of at least 150 linear feet of steel sheet pile wall in or adjacent to a natural water body, including a river, lake, canal, marsh, wetland, or similar aquatic environment. At least one (1) of the submitted projects must have required construction activities utilizing barges, marine equipment, or other water-access construction methods. All projects submitted shall have been successfully completed by the Respondent. No more than one of the similar projects can be from a project completed for the District.

The District may contact the Project Owner or Administrator to verify the information provided below. Please ensure that all contact information is current and accurate. If the District is unable to reach the listed point of contact within two to three business days, the submittal may be deemed non-responsive.

District reserves the right to determine whether or not a project satisfies the requirements of a similar project.

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

Total Project Value $________________________

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

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CERTIFICATE AS TO RESPONDENT’S AUTHORITY TO DO BUSINESS IN FLORIDA

Respondent is incorporated/organized/formed under the laws of the State of ; is authorized by law to respond to this solicitation and perform all Work and furnish materials and equipment required under the Agreement and is authorized to do business in the State of Florida.

Entity name:

Address:

Registration No:

Registered Agent:

By:

(Official title)

(Affix corporate seal, if utilized by Respondent)

Attest:

(Secretary)

The full names and business or residence addresses of persons or companies interested in the foregoing submittal as principals or officers of Respondent are as follows (specifically include the President, Secretary, and Treasurer or Manager and Member, and state the title held by all other individuals listed):

Identify any parent, subsidiary, or sister entities 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.

ATTACH a copy of Respondent’s active registration with the State of Florida Division of Corporations proving Respondent’s authority to do business in the State of Florida, or a copy of the application for same that has been accepted by the State of Florida.

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AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF

MATERIAL CONFORMANCE WITH SPECIFICATIONS

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:

, Respondent that has submitted the attached submittal package.

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

3. I am fully informed regarding the preparation and contents of the attached submittal and am knowledgeable of all pertinent circumstances related thereto.

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, company, or person to submit a collusive or sham submittal package in connection with the Agreement for which the attached submittal package has been submitted, or to refrain from proposing 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 submittal of any other Respondent , or to fix any overhead, profit, or cost element of the submitted prices or the submitted 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) included in the attached submittal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of 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 submittal, 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:

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 202 , by as (title) of (Respondent), the party on behalf of whom instrument was executed.

(SEAL)

(Signature)

Notary Public, State of at Large

My…