DMIT Monitor Well Construction Services Polk County_ Florida.pdf

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DMIT Monitor Well Construction Services Polk County, Florida
Solicitation number
26-4983-1-2026/CB
Issued by
Hernando County, Brownsville CDP, Florida

About this file

This is a Request for Bids (RFB 26-4983) issued by the Southwest Florida Water Management District for monitor well construction services in Polk County, Florida. The District is soliciting bids from Certified Florida Water Well Contractors to construct surficial and upper Floridan aquifer monitor wells at three project sites: Lake Lowery, Lake Annie, and Coley Deep. Each site requires the construction of two monitor wells with varying depths and specifications detailed in individual scopes of work. The Lake Lowery site involves wells constructed to 40 feet and 175 feet below land surface; the Lake Annie site requires wells to 60 feet and 300 feet below land surface; and the Coley Deep site calls for wells at 40 feet and 320 feet below land surface. A non-mandatory pre-bid conference and site visits are scheduled for June 9, 2026, with written questions due by June 17, 2026, at 5:00 p.m. local time. Bids are due June 30, 2026, at 2:00 p.m. local time through the DemandStar electronic platform. The Lake Lowery site requires substantial completion by December 31, 2026, and final completion by March 5, 2027. The Lake Annie site must achieve substantial completion by December 31, 2026, or within 120 calendar days of work commencement, whichever comes first, with final completion by March 5, 2027, or within 180 calendar days. The Coley Deep site requires substantial completion by March 5, 2027, or within 120 calendar days of work commencement, with final completion by May 5, 2027, or within 180 calendar days, and includes a milestone requiring the Surficial Aquifer Monitor Well to achieve substantial completion by December 31, 2026.

Bidders must submit a 5 percent bid bond, cashier's check, or certified check with their response and are required to provide three professional references demonstrating qualifications and past performance. The District reserves the right to award all three projects to the lowest responsive and responsible bidder or to award each project site individually to the lowest responsive and responsible bidder for that site. A Payment and Performance Bond conforming to Florida Statutes Section 255.05 will be required if the contract amount exceeds $200,000, with the bond cost included in the total bid amount. The District will retain 5 percent retainage from each invoice and will make fuel cost adjustments when gasoline or diesel prices vary more than 5 percent from bid prices, with the contractor absorbing the first 5 percent increase and the District absorbing the first 5 percent decrease. Liquidated damages are set at $235.80 per day for delays beyond specified milestones and final completion dates. Contractors must be properly licensed and registered to do business in Florida, comply with E-Verify employment eligibility requirements, and include all well construction materials, drilling supplies, casing, screens, cement, and site restoration costs in their bids. The District is exempt from state sales tax and will conduct the bid opening virtually via Microsoft Teams on June 30, 2026.

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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

REQUEST FOR BIDS (RFB) 26-4983

DMIT MONITOR WELL CONSTRUCTION SERVICES

POLK COUNTY, FLORIDA

SUBMIT PROPOSALS TO:

ELECTRONICALLY THROUGH WWW.DEMANDSTAR.COM

DIRECT INQUIRIES TO: Chamanda Burris, Procurement Supervisor

TELEPHONE: (352) 505-2970

Email: procurement@watermatters.org

Posted: May 22, 2026

The Southwest Florida Water Management District (District) requests bids from responsive and responsible Bidders to provide Well Construction Services to Install Monitor Wells at three Central Florida Water Initiative (CFWI) Data, Monitoring, and Investigations Team (DMIT) Well Sites in Polk County, Florida. These services and materials are more specifically described in this Request for Bids (RFB). The successful Bidder(s), hereinafter the Contractor(s) or the Driller(s), will deliver the required services and materials and render the required goods/services F.O.B. Destination at the Lake Annie, Coley Deep, and Lake Lowery Well Sites, located in Polk County, Florida.

http://www.demandstar.com/ mailto:procurement@watermatters.org

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 2 of 93

NON-MANDATORY PRE-BID CONFERENCE/SITE VISITS

Thursday, June 9, 2026

10:00 a.m. Local Time

Lake Lowery Monitor Well Site Near to - 4650 Lake Lowery Road, Haines City, Florida 33844 Section/Township/Range: S11 & S14/T27S/R26E

Latitude: 28° 08' 35" N Longitude: 81° 41' 23" W

11:30 a.m. Local Time

Lake Annie Monitor Well Site 6897 N Scenic Highway, Lake Wales, Florida 33898

Section/Township/Range: S34/T28S/R27E Latitude: 27° 59' 52" N

Longitude: 81° 35' 44" W

1:30 p.m. Local Time Coley Deep Monitor Well Site

200 South Orange Avenue, Frostproof, Florida 33843 Section/Township/Range: S33/T31S/R28E

Latitude: 27° 44' 36" N Longitude: 81° 31' 46" W

All interested parties are recommended to be represented at the Non-Mandatory Pre-Bid Conference and the Non-Mandatory Site Visits. The purpose of the conference is to allow potential bidders an opportunity to present questions to staff and obtain clarification of the requirements of the RFB and to view the site. Because the District considers such a conference and site visit to be important to understanding the RFB requirements, representation at the pre-bid conference and the site visit is recommended to attend as a bidder. Minutes of the conference and site visit will not be created. The site visit will immediately follow the pre-bid conference at the above locations.

THE DISTRICT ONLY RECEIVES BIDS THROUGH DEMANDSTAR

AT WWW.DEMANDSTAR.COM.

ALL QUESTIONS MUST BE SUBMITTED IN WRITING FOR RECEIPT BY

JUNE 17, 2026 AT 5:00 P.M. LOCAL TIME.

BID DUE DATE AND OPENING: JUNE 30, 2026, AT 2:00 P.M. LOCAL TIME.

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 3 of 93

REQUEST FOR BIDS 26-4983

DMIT MONITOR WELL SITES

WELL CONSTRUCTION SERVICES

POLK COUNTY, FLORIDA

TABLE OF CONTENTS

PART I - INTRODUCTION

1.1 Internet Availability

1.2 Development Costs

1.3 Americans with Disabilities Act (ADA)

1.4 Correspondence

1.5 Questions

1.6 Bid Receipt and Opening

1.7 Delays, Changes and Addenda

1.8 Cancellation

1.9 Bid Withdrawal

1.10 Bid Signature and Form

1.11 Contract Price Bid

1.12 Rejection of Bid

1.13 Responsive/Responsible

1.14 References

1.15 Listing of Subcontractors

1.16 Bid Tabulation and Notice of Intended

Decision

1.17 Protests

1.18 Execution of Contract

1.19 Law Compliance

PART II – GENERAL CONDITIONS

2.1 Definitions

2.2 Term

2.3 Taxes

2.4 Retainage

2.5 Owner Direct Purchases

2.6 Fuel Cost Adjustment

2.7 Manufacturer’s Name and Approved

Equivalents

2.8 Public Records Law

2.9 Public Entity Crimes

2.10 Purchases by Other Public Agencies

2.11 Responsible Vendor Determination

2.12 Discrimination

2.13 Employment of Florida Residents

2.14 Employment Eligibility Verification

2.15 Scrutinized Companies

2.16 Lobbying Prohibition

2.17 Indemnification

2.18 Insurance

2.19 Bonding

2.20 Archaeological, Historical and Cultural

Sites

2.21 Trench Safety Act

2.22 Value Engineering

2.23 Drawings and Specifications

2.24 Failure to Complete the Work on Time

2.25 Liquidated Damages

2.26 Contractor’s Understanding

2.27 Materials, Appliances, Employees

2.28 Tools, Plants and Equipment

2.29 Materials and Equipment Schedules

2.30 Standards for Quality and Workmanship

2.31 Guarantee

2.32 Estimated Quantities

2.33 Permits and Regulations

2.34 Protection of Work and Property

2.35 Construction Access

2.36 Inspection of Work

2.37 Tests

2.38 Resident Superintendent

2.39 Hours of Work

2.40 Progress Schedule and Schedule of

Values (Post-Award)

2.41 Jessica Lunsford Act

2.42 No Use of Coercion for Labor or Services

PART III - SCOPE AND SPECIFICATIONS

3.1 Scope

3.2 Contractor Obligations and

Responsibilities

3.3 Mobilization/Demobilization

3.4 Well Construction Services

3.5 Hourly Rate Services

PART IV – BID RESPONSE

4.1 Basis for Award of Contract

ATTACHMENTS

Attachment 1 – Scope of Work for Lake Lowery

Well Site Attachment 2 – Scope of Work for Lake Annie

Well Site Attachment 3 – Scope of Work for Coley Deep

Well Site Attachment 4 – Bid Response Form Attachment 5 – Contractor Qualification

Requirements Attachment 6 – Contractor References Attachment 7 – Certification Clean Air Act/Clean

Water Act Attachment 8 – Trench Safety Act Compliance

Form Attachment 9 – Bid Bond Attachment 10 – Payment and Performance Bond Attachment 11 – Sample Agreement

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 4 of 93

PART I - INTRODUCTION

1.1 INTERNET AVAILABILITY.

District solicitations, reference documents (unless exempt and/or confidential), addenda and questions and answers (Q&As) are available for review and may be downloaded via DemandStar at www.demandstar.com and on the District’s website at http://www.watermatters.org/procurement.

1.2 DEVELOPMENT COSTS.

Neither the District nor its representatives will be liable for any expenses incurred in connection with the preparation of a response for this RFB. All submissions should be prepared simply and economically, providing a straightforward and concise description of the Bidder's ability to meet the requirements of this RFB.

1.3 AMERICANS WITH DISABILITIES ACT (ADA).

The District does not discriminate on the basis of disability. This nondiscrimination policy involves every aspect of the District’s functions, including access to and participation in the District’s programs, services, or activities. Anyone requiring reasonable accommodation, or who would like information as to the existence and location of accessible services, activities, and facilities, as provided for in the Americans with Disabilities Act should contact the District’s Human Resources Office Chief, at 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352) 796-7211, or 1-800-423-1476 (FL only); or email to ADACoordinator@WaterMatters.org. If you are hearing or speech impaired, please contact the District using the Florida Relay Service, 1-800-955-8771 (TDD) or 1-800-955-8770 (Voice). If requested, appropriate auxiliary aids and services will be provided at any public meeting, forum, or event of the District. In the event of a complaint, please follow the grievance procedure located at WaterMatters.org/ADA.

1.4 CORRESPONDENCE.

Unless otherwise stated or notified in writing, correspondence relating to this RFB will be sent to the District at the physical address or email address set forth in the heading of this RFB, and to the Bidder at the physical address or email address stated on the Bid Response Form.

1.5 QUESTIONS.

All questions should be presented in writing to the Procurement Services Office at procurement@watermatters.org for receipt no later than the date and time listed on the Cover Sheet. Inquiries must reference the date of bid opening, bid title and number. Bidders are responsible for checking the websites listed in Section 1.1 Internet Availability. for the District’s responses to the questions presented.

1.6 BID RECEIPT AND OPENING.

The bid opening will be public, on the date and at the time specified on the Cover Sheet. It is the Bidder's responsibility to ensure that its response is uploaded to the DemandStar website before the due date and time. Bids that for any reason are not so received will not be considered. The Bidders must submit one (1) complete response package electronically through www.demandstar.com. Instructions on how to submit documents are included with this RFB. Bids that are not received in a timely manner will not be accepted. The DemandStar time stamp will be conclusive as to the timeliness of filing. THE DISTRICT HAS NO CONTROL OVER WHETHER http://www.demandstar.com/ http://www.watermatters.org/procurement mailto:ADACoordinator@WaterMatters.org https://www.swfwmd.state.fl.us/about/about-the-district/agency-statement-organization-and-operation#ADA mailto:procurement@watermatters.org

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WWW.DEMANDSTAR.COM IS EXPERIENCING TECHNICAL DIFFICULTIES. Responses will remain binding upon the Bidder for a period of 120 days thereafter.

The District may make an award within 120 days after the date of the opening, during which period the bids shall remain firm and shall not be withdrawn. If award is not made within 120 days, the bids shall remain firm until either the District awards the contract or the District receives written notice from a Bidder that its response is withdrawn.

TO MAINTAIN A SECURED SEALED PROCESS ELECTRONIC SUBMISSIONS MAY BE MADE

ONLY THROUGH THE DEMANDSTAR PLATFORM. FAXES, EMAILS, OR HAND DELIVERY

WILL NOT BE ACCEPTED. SOLICITATION PACKAGE DOCUMENTS MAY BE

ELECTRONICALLY SIGNED OR SIGNATURES TRANSMITTED ELECTRONICALLY (VIA PDF,

ETC.). ELECTRONIC SIGNATURE/ TRANSMISSION SHALL BE DEEMED THE SAME AS A

HANDWRITTEN SIGNATURE/ORIGINAL EXECUTED COPY FOR THE PURPOSES OF

VALIDITY, ENFORCEABILITY, AND ADMISSIBILITY.

The bid opening is open to the public. The bid opening will be held virtually at the date and time listed on the Cover Sheet of this RFB. Persons may listen to the opening by clicking on the “Join Microsoft Teams Meeting” title below. You may also click on or copy and paste the following Teams Link URL into your browser:

To view or listen to bid openings:

Join Microsoft Teams meeting on your computer, or mobile app via Or call in (audio-only)

Join the meeting now https://bit.ly/3P8LqsO

Dial in by phone +1 786-749-6127,,200253820# United States, Miami

Find a local number Phone conference ID: 200 253 820#

1.7 DELAYS, CHANGES AND ADDENDA.

The District reserves the right to delay scheduled RFB due dates if determined to be in the best interest of the District. Any changes, delays, addenda or questions and answers related to this RFB issued by the District will be posted to the websites identified in Section 1.1, Internet Availability. Persons/firms receiving the RFB from the District’s internet website are responsible to recheck the websites for any changes or addenda related to this RFB. Bidders will acknowledge receipt of all addenda in their responses.

1.8 CANCELLATION.

The District reserves the right to cancel the RFB prior to or after the bid opening, reject all bids, or cancel the Award or Intent to Award and will give notice of cancellation by posting a notice on the websites identified in Section 1.1 Internet Availability. An Award or Intent to Award does not constitute a contract with the District. Thus, the District may cancel the Award or Intent to Award after it has been made but before a contract has been executed.

1.9 BID WITHDRAWAL.

Bids may be withdrawn at any time prior to the bid opening.

https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_N2ViMTFiMWUtMjY0Ny00ZTA2LTliMjMtYjUwMzY0Mjg2MmNk%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227d508ec0-09f9-4402-8304-3a93bd40a972%2522%252c%2522Oid%2522%253a%25229c0b2a50-0617-44bc-b57a-ad708963573e%2522%257d&data=05%7C02%7CCeleste.Larisey%40swfwmd.state.fl.us%7C456e91c62e2045a5bcfd08dd9f722614%7C7d508ec009f9440283043a93bd40a972%7C0%7C0%7C638842034810271922%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=JQ8fuxUT5xqRvqiZajJhISN666hYhhVzXZl52D4L77k%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F3P8LqsO&data=05%7C02%7CChamanda.Burris%40swfwmd.state.fl.us%7C5530191205384c960b1208deb293e15f%7C7d508ec009f9440283043a93bd40a972%7C0%7C0%7C639144545382568459%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tOQFYMvAGBg%2FfuUBS%2B3j2Szltbx%2BxdquT4E3%2FawUd1g%3D&reserved=0 tel:+17867496127,,200253820 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F4621687a-b987-43ec-9924-1be5d6328302%3Fid%3D200253820&data=05%7C02%7CChamanda.Burris%40swfwmd.state.fl.us%7C5530191205384c960b1208deb293e15f%7C7d508ec009f9440283043a93bd40a972%7C0%7C0%7C639144545382628792%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=d%2BpFjOyRQRQELs7za9I6SLnDls58un%2BjSa9TUEYQpLQ%3D&reserved=0

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 6 of 93

1.10 BID SIGNATURE AND FORM.

An authorized representative of the Bidder must electronically sign the attached Bid Response Form where indicated. All bids must be typed or printed and signed in the spaces provided on the Bid Response Form. All corrections made to the bid by the Bidder must be initialed.

1.11 CONTRACT PRICE BID.

The total bid amount must be typed or written on the Bid Response Form and include the bid breakouts where indicated. The Bid Response Form will include fixed price, unit price, and/or Allowance price pay items for the project work. The total bid amount must be stated in both words and figures, as indicated in the appropriate place in the Bid Response Form. In the event there is a discrepancy between the price written in words and the price written in figures, the former will govern.

1.12 REJECTION OF BID.

The District reserves the right to reject any and all bids or waive any minor irregularity or technicality in bids received. Bids which are incomplete, unbalanced, conditional, obscure or which contain additions not required, or irregularities of any kind, or which do not comply in every aspect with the RFB, may be rejected at the option of the District. Obvious errors in the bid may be grounds for rejection of the bid.

1.13 RESPONSIVE/RESPONSIBLE.

In order to be deemed responsive, the Bidder must possess a Certified Florida Water Well Contractor's license, at the time of Bidder’s submittal. At the time of submitting a bid response, the District requires that the Bidder and its subcontractors be properly licensed and registered to do business in the State of Florida in accordance with applicable Florida Statutes.

Responses that do not meet all requirements of this solicitation or fail to provide all required information, documents, or materials as provided in PART IV – BID RESPONSE, may be rejected as non-responsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the bid may be rejected as non-responsible.

The District reserves the right to determine which responses meet the requirements of this solicitation, and which Bidders are responsive and responsible. The District reserves the right, before awarding the bid, to require a Bidder and its subcontractors to submit such evidence of their qualifications as it may deem necessary and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Bidder to perform the work in a satisfactory manner and within the time specified. The Bidder is assumed to be familiar with all federal, state or local laws, ordinances, rules, and regulations that in any manner affect the work, and to abide thereby if awarded the bid. Ignorance of legal requirements will in no way relieve the Bidder’s responsibility. Bidders must verify the qualifications and performance record of any and all proposed subcontractors to ensure acceptability.

1.14 REFERENCES.

The Bidder must complete all fields in Attachment 5, CONTRACTOR QUALIFICATION REQUIREMENTS, and provide a minimum of three references who can verify the Bidder’s qualifications and past performance. The Bidder are strongly encouraged to contact each listed reference in advance and inform them that the District will be reaching out to confirm the reference information. Please note that the District’s inability to confirm the provided references may result in the Bid being rejected.

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1.15 LISTING OF SUBCONTRACTORS.

The Bidder may subcontract services. The Bidder must provide written notice to the District before subcontractors perform any Project work. All subcontractors of the Bidder shall perform as independent contractors of the Bidder and not as employees, representatives, or agents of the District.

1.16 BID TABULATION AND NOTICE OF INTENDED DECISION.

The names of bidders and their prices (bid tabulations) will be announced at the bid opening and bid recaps (listing the names of bidders who submitted a bid in response to this RFB and their prices listed at time of opening) will be posted for review by interested parties on the on the websites identified in Section 1.1 Internet Availability. in accordance with section 255.0518, Florida Statutes. Bid recaps and bid tabulations will not be provided by telephone or email. Pursuant to section 119.071(1) (b), Florida Statutes, bids received by the District are exempt from bid disclosure until such time as the District provides notice of intended decision or until 30 days after opening the bids, whichever is earlier.

The District will award the contract in accordance with section 4.1 Basis for Award of Contract. A Notice of Intent to Award will be posted for review on the websites identified in section 1.1 Internet Availability.

1.17 PROTESTS.

Any Bidder who protests the bid specifications or intended decision, or intent to award, must file with the District a notice of protest and formal written protest in compliance with Chapter 28-110, Florida Administrative Code, and applicable provisions in Section 120.57, Florida Statutes. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under chapter 120, Florida Statutes.

1.18 EXECUTION OF CONTRACT.

By submitting a bid, the Bidder agrees to all the terms and conditions of this RFB. Any changes offered by a Bidder in a bid will not be considered by the District. The submittal of a bid will constitute acknowledgement of all terms and conditions of this RFB and the District will construe the bid as though no changes were presented. If a Bidder desires to propose a change to a term or condition of the RFB or Sample Agreement, Bidder must submit its request under the procedure set forth in Section 1.5, Questions. The successful Bidder must submit a Payment and Performance Bond and Certificate of Insurance to the District within ten days from notice that the Contractor has been awarded the contract. The Contractor will mobilize and commence project work within 120 days from the date indicated on the “Notice to Proceed” from the District.

1.19 LAW COMPLIANCE.

The Contractor will abide by and assist the District in satisfying all applicable federal, state and local laws, rules, regulations and guidelines related to performance under the Agreement. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, marital status or national origin. If applicable, the Contractor agrees to comply with the Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes, in the procurement of professional services required for the work.

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RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 8 of 93

PART II - GENERAL CONDITIONS

2.1 DEFINITIONS.

2.1.1 Affidavit: The instrument which is to be signed by the Contractor and submitted to the District upon completion of the job, showing that all invoices have been paid.

2.1.2 Agreement: A properly executed, binding, written contract containing terms, conditions, and obligations governing the relationship between the District and the Contractor.

2.1.3 Allowance: Monies allocated on the Bid Response Form for a defined line item for costs associated with an established unit cost line item in the bid or for costs associated with a defined item on the bid form that is supported by invoice and payment records provided by the Contractor. Allowances must be authorized by the District in writing prior to initiating any Work to be paid from an Allowance.

2.1.4 And: Shall also mean "or" and the word "or" shall also mean "and" whenever the contents or purpose so requires.

2.1.5 Bidder: Any person who submits a bid for the Project described in this Request for Bids.

2.1.6 Contingency: The amount identified in the Agreement that is for the sole use of the District to cover unanticipated costs and is not included within the term Contract Price.

2.1.7 Contractor: The person/firm whose bid is accepted by the District, and who will thereafter enter into a formal contract with the District to do the work as bid upon.

2.1.8 Contract Documents: They will consist of the following items, including all modifications thereto incorporated into them before their execution: RFB, Contract, Referenced Exhibits or Documents and all documents identified in Paragraph 1.18, Execution of Contract, including all reference documents.

2.1.9 District: The Southwest Florida Water Management District, Brooksville, Florida. Also referred to as Owner.

2.1.10 District Project Manager: Refers to the individual representing the District on all matters relating to the execution of the construction contract, acting personally or through an assistant duly authorized in writing. The District’s Project Manager for this Project is Reed Putnall, Geohydrologic Data Section.

2.1.11 Hydrogeologist: Refers to the District’s Project Hydrogeologist. The project hydrogeologist for this Project is Julie Zydek, Geohydrologic Data Section.

2.1.12 Inspector: Refers to an authorized representative of the hydrogeologist assigned to inspect the work of others.

2.1.13 Milestone: A principal event in the performance of the Project that the Agreement requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the project work.

2.1.14 Notice of Intent to Award: The official letter from the District announcing the successful Bidder. Neither this notice nor the response constitutes a contract with the District.

2.1.15 Notice To Proceed: The official letter from the District to the Contractor notifying the company that the contract has been executed and to proceed with the construction.

2.1.16 Owner Direct Purchases: Materials purchased by the District.

2.1.17 Person: Means and includes any individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or other capacity, whether appointed by a court or otherwise, and any combination of individuals.

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 9 of 93

2.1.18 Plans or Drawings: The official approved drawings referenced in this RFB, or exact reproductions thereof which show the location, character, dimensions and details of the work to be completed and which are to be considered as a part of the contract documents, the same as though attached thereto. The words, plans and drawings are used interchangeably herein.

2.1.19 Principal: When used in the Contract Bond, the word "Principal" means the same as the word "Contractor."

2.1.20 Scope of Work: The specific work, improvement, or job, to which these Contract Documents apply as described in this RFB.

2.1.21 Subcontractor: Any corporation, partnership, firm or individual who contracts with the Contractor with the approval of the District to perform work at or about the construction site, for or on behalf of the Contractor; in a manner other than or in addition to furnishing materials, plants or equipment.

2.1.22 Substantial Completion: Unless otherwise specified in this RFB, the work (or a specified part thereof) which has progressed to the point where, in the opinion of the District hydrogeologist, which may be evidenced by hydrogeologist definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the contract documents, so that the work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the work refer to Substantial Completion thereof.

2.1.23 Surety: The corporation or individual, bound by the Contract Bond with and for the Contractor, and who is primarily liable and engages to be responsible for the Contractor's acceptable performance of the work for which the Agreement has been made, and for its payment of all debts pertaining thereto.

2.1.24 Work: Includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the Project.

2.2 TERM.

2.2.1 Lake Lowery Well Site:

A Notice to Proceed (NTP) will be issued by the District. The Contractor shall commence Project work within 120 days from the date indicated on the NTP. The Contractor shall achieve Substantial Completion no later than December 31, 2026 and Final Completion no later than March 5, 2027.

2.2.2 Lake Annie Well Site:

A Notice to Proceed (NTP) will be issued by the District. The Contractor shall commence Project work within 120 days from the date indicated on the NTP.

2.2.2.1 The Contractor shall reach Substantial and Final Completion based on the dates or the timeline provided below, whichever comes first:

2.2.2.1.1 The Contractor shall achieve Substantial Completion no later than

December 31, 2026 and Final Completion no later than March 5, 2027.

2.2.2.1.2 From commencement of Project work to:

• Substantial Completion shall be no more than 120 calendar days.

• Final Completion shall be no more than 180 calendar days.

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2.2.3 Coley Deep Well Site:

A Notice to Proceed (NTP) will be issued by the District. The Contractor shall commence Project work within 120 days from the date indicated on the NTP.

2.2.3.1 The Contractor shall reach Substantial and Final Completion based on the dates or the timeline provided below, whichever comes first:

2.2.3.1.1 The Contractor shall achieve Substantial Completion no later than

March 5, 2027 and Final Completion no later than May 5, 2027.

2.2.3.1.2 From commencement of Project work to:

• Substantial Completion shall be no more than 120 calendar days.

• Final Completion shall be no more than 180 calendar days.

Parts of the Work shall be substantially completed on or before the following Milestone(s):

• The Surficial Aquifer Monitor Well shall achieve Substantial Completion no later than December 31, 2026.

2.3 TAXES.

The District is exempt from state sales tax (exemption number 85-8013700387C-6). Costs on the Bid Response Form must include Florida state sales and any other taxes, applicable to materials purchased by the Contractor in accordance with Florida and federal law.

2.4 RETAINAGE.

The District will hold back a retainage of five percent (5%) of each invoice amount. Retainage will be released by the District and the Contractor in accordance with the Local Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes. Prior to the District's release of final payment, the Contractor must provide the District with a properly executed Affidavit stating that the Contractor has complied with the Local Government Prompt Payment Act with respect to all lower tier entities such as subcontractors, suppliers, etc., and that all taxes have been paid, a Final Release of Lien and a Consent of Surety to Final Payment. Sample forms are set forth in this RFB.

2.4.1 The District may, in addition to other remedies available at law or equity, retain such monies from amounts due the Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against the District. The District may set off any liability or other obligation of the Contractor or its affiliates to the District against any payments due the Contractor under any contract with the District. The District reserves the right to withhold payment until samples, shop drawings, additional bonds, or any other items required by the Agreement have been submitted to the satisfaction of the District's Project Manager. Amounts withheld under this subparagraph will not be considered due and will not be paid until the ground(s) for withholding payment have been remedied.

2.5 OWNER DIRECT PURCHASES.

Owner Direct Purchases are not applicable to this RFB.

2.6 FUEL COST ADJUSTMENT.

The District will make price adjustments to reflect increases or decreases in the price of gasoline and diesel fuel from those in effect during the month in which bids were received. Price adjustments for fuel will be made only when the current price varies by more than five percent

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 11 of 93 from the bid price (base price) with the Contractor absorbing the first five percent increase and the District absorbing the first five percent decrease. The bidder will state its current cost per gallon of fuel in the area provided on the Bid Response Form (documentation of cost (invoices/receipts) are required prior to contracting). The stated cost per gallon will be used as the base price for computing any allowable escalation/de-escalation in the unit cost of fuel. The Contractor must report and provide supporting documentation for the number of gallons and cost of fuel used for each month of this project. Contractor markups on fuel are not permitted. The fuel cost escalation/de-escalation will not exceed the percentage change in the United States Department of Labor Producer Price Index for Gasoline, Series Id WPU0571, and No. 2 diesel fuel, Series Id WPU057303, not seasonally adjusted, base date 1982, for the time period of use.

Price adjustments will be paid, or deducted, upon District approval of the written documentation.

2.7 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS.

Manufacturers name and approved equivalents is not applicable to this RFB.

2.8 PUBLIC RECORDS LAW.

Correspondence, materials, and documents created or received pursuant to this RFB are subject to the provisions of Chapter 119, Florida Statutes, Florida’s Public Records Law. Bidders’ failure to comply with Chapter 119, Florida Statutes will be grounds for rejection of the bid or termination of any contract by the District.

2.8.1 Pursuant to Subsection 119.071(3)(b), Florida Statutes, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, or other structure owned or operated by the District are exempt from the inspection, examination and duplication of public records provisions of Subsection 119.07(1), Florida Statutes, and Subsection 24(a), Article I of the State Constitution. Information made exempt by Subsection 119.071(3)(b), Florida Statutes, may only be disclosed to other governmental entities if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to licensed architects, or contractors who are performing work on or related to the building or other structure; or upon a showing of good cause before a court of competent jurisdiction.

Entities or persons receiving such information are required to maintain the exempt status of the information. Bidders agree to keep such information confidential. The successful Bidder, hereinafter the Contractor, agrees to include the above provision in all agreements with subcontractors that are related to the Contractor's performance under the Agreement, and to which the provisions of Chapter 119, Florida Statutes, also apply.

2.8.2 This section shall survive the award, termination, expiration, or cancellation of this RFB.

2.9 PUBLIC ENTITY CRIMES.

Pursuant to Subsections 287.133(2) and (3), Florida Statutes, a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months following the date of being placed on the Convicted Vendor List. By submitting its bid, the Contractor warrants that it is not currently on a Suspended Vendor List and that it has not been placed on a Convicted Vendor List in the past 36 months. The Contractor further agrees to notify the District if placement on either of these lists occurs. The Contractor agrees to include this provision in all subcontracts

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 12 of 93 and require the Public Entity Crimes Statement Form, for all subcontracts or lower tier agreements executed to support the Contractor’s work under the Agreement.

2.10 PURCHASES BY OTHER PUBLIC AGENCIES.

Purchases by Other Public Agencies is not applicable to this solicitation.

2.11 RESPONSIBLE VENDOR DETERMINATION.

The bidder is hereby notified that Section 287.05701, Florida Statutes, requires that the District may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

2.12 DISCRIMINATION.

Discrimination is not applicable to this RFB.

2.13 EMPLOYMENT OF FLORIDA RESIDENTS.

Employment of Florida residents is not applicable to this RFB.

2.14 EMPLOYMENT ELIGIBILITY VERIFICATION.

In accordance with Section 448.095, Florida Statutes, the bidder, prior to entering into a contract with the District, certifies: (i) it and any subcontractor, will be registered with and use the E-Verify system operated by the U.S. Department of Homeland Security to verify the work authorization status of all new employees of the Contractor or subcontractor, (ii) that during the year prior to making its submission or entering into a contract with the District, no contract of the bidder was terminated by a public employer in compliance with Section 448.095, Florida Statutes, and (iii) it is and shall remain in compliance with Sections 448.09 and 448.095, Florida Statutes, including securing and maintaining subcontractor affidavits as required by Section 448.095(2)(b), Florida Statutes. Upon good faith belief that the bidder or its subcontractors of any tier have knowingly violated Sections 448.09(1) or 448.095(2), Florida Statues, the District shall terminate (or order the termination of) their contract. The bidder shall be liable for any additional cost incurred by the District as a result of its termination. The District’s receipt of proof that the bidder is an E-Verify system participant is a condition precedent to any District contract. Information on how to obtain proof of participation, register for and use the E-Verify system may be obtained via U.S.

Department of Homeland Security website: http://www.dhs.gov/E-Verify. This provision shall be incorporated into any resulting contract with the District.

2.15 SCRUTINIZED COMPANIES.

Pursuant to section 287.135, Florida Statutes, a company that, at the time of submitting a bid or proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services in any amount. If the goods or services are in the amount of one million dollars or more, the company must also not be on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in Iran Terrorism Sectors List or be engaged in business operations in Cuba or Syria. By submitting a bid, the bidder certifies that it is not on any of the lists or engaged in any of the prohibited activities identified above, as applicable based upon the amount of this Agreement.

http://www.dhs.gov/E-Verify

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 13 of 93

2.16 LOBBYING PROHIBITION.

Lobbying prohibition is not applicable to this RFB.

2.17 INDEMNIFICATION.

The Contractor agrees to indemnify and hold harmless the District, its agents, employees and officers, from and against all liabilities, claims, damages, expenses or actions, either at law or in equity, including attorneys’ fees and costs and attorneys’ fees and costs on appeal, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor, its agents, employees, subcontractors, assigns, heirs or anyone for whose acts or omissions any of these persons or entities may be liable during the Contractor's performance under the Agreement.

This paragraph shall survive the expiration or termination of the Agreement.

2.18 INSURANCE.

See Attachment 11, SAMPLE AGREEMENT, Section 10, INSURANCE REQUIREMENTS.

2.19 BONDING.

2.19.1 BID BOND. Bidders will furnish a forfeiture bid bond, cashier's check, or certified check with the bid response in the amount equal to 5% of their PROJECT TOTAL BID AMOUNT as a guarantee that the awarded Bidder will enter into an agreement with the District, if awarded, and furnish the required Payment and Performance Bond. A sample forfeiture type bond is attached to this RFB.

2.19.1.1 Electronic submittals require a copy of the bid security (forfeiture bid bond, cashier’s check, or certified check) to accompany the submission. The original bid security will be delivered within three business days after the bid opening or postmarked on or before the bid opening date.

2.19.1.2 After the bids have been compared, the District may, at its discretion, return the bid bonds accompanying such bids as in its judgment would not likely be considered in making the contract award. All other bid bonds will be held until the contract and performance bond have been executed.

2.19.2 PAYMENT AND PERFORMANCE BOND.

If the contract amount is over $200,000, prior to the District’s execution of the Agreement, a Payment and Performance Bond that conforms with Section 255.05, Florida Statutes, will be required of the Contractor as stated in 1.18, Execution of Contract.

2.19.2.1 The Payment and Performance Bond must be for an amount not less than the

Total Bid Amount, including Contingency. The bond must remain in full force and effect as provided in the Contract Documents. The cost of the bond must be included in the Total Bid Amount on the Bid Response Form.

2.19.2.2 This Bond must be written through a surety company licensed to do business in the state of Florida that holds a Certificate of Authority as an acceptable surety on federal bonds (Department of Treasury’s Listing of Approved Sureties, Department Circular 570).

2.19.2.3 As required by section 255.05, Florida Statutes, the executed Payment and Performance Bond must be recorded in the public records of the county(ies) where the project is located.

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 14 of 93

2.19.2.4 In lieu of providing a Payment and Performance Bond, at the discretion of the District, the successful Bidder may substitute either cash; a money order; a cashier’s check; or a domestic corporate bond, note, or debenture, made payable to the District. The District shall determine the required value of an alternative form of security.

2.19.2.5 If, after award of the Work, the District adds or increases the Owner’s Contingency Amount, the District agrees to pay the Contractor for any bond premium increase it incurs at the rate of incursion if such premium is reasonable, as determined by the District in its sole discretion. The District’s payment obligation under this section is contingent upon the Contractor providing documentation evidencing said premium increase.

2.19.2.6 Any increase in the Agreement amount after contract execution, will require the Contractor to automatically increase the Payment and Performance Bond to equal the revised amount. The Contractor must provide the District with evidence of same prior to commencing the additional Work.

2.19.3 POWER OF ATTORNEY.

Bid Bonds and Payment and Performance Bonds signed by an Attorney-in-Fact must be accompanied by a certified copy of such person's Power of Attorney to sign.

2.20 ARCHAEOLOGICAL, HISTORICAL AND CULTURAL SITES.

If archaeological artifacts are uncovered during construction, the Contractor must stop work in the area and promptly notify the District so that a course of action can be determined.

2.21 TRENCH SAFETY ACT.

The Contractor must comply with the Trench Safety Act, Section 553.60 through 553.64, Florida State. The Contractor must complete and submit the Trench Safety Act Compliance Form (Sample is attached to this RFB), as part of the Contractor's bid package.

2.22 VALUE ENGINEERING.

Value engineering is not applicable to this RFB.

2.23 DRAWINGS AND SPECIFICATIONS.

Refer to Attachment 1, Scope of Work for Lake Lowery and Figures 1-4, Attachment 2, Scope of Work for Lake Annie and Figures 1-4, and Attachment 3, Scope of Work for Coley Deep and Figures 1-4.

2.23.1 All Drawings and Specifications and copies thereof furnished by the District are the property of the District and are not to be used on other work; and with the exception of the signed contract set, are to be returned to the District at the request of the District upon the completion of the Work.

2.24 FAILURE TO COMPLETE THE WORK ON TIME.

The Contractor will take into account all contingent work which is to be done by other parties arising from any cause whatsoever and will not plead his want of knowledge of said contingent work as an excuse for delay in its work or for non-performance.

2.24.1 Nothing in this Paragraph will be construed as limiting the right of the District to declare the Agreement forfeited, or to take over the work, or to claim damages for the failures of

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 15 of 93 the Contractor to abide by each and every one of the terms contained in the Contract Documents. Completion date will be construed as being the date on which the work is fully accepted by the District.

2.24.2 If the Contractor is delayed at any time, in the progress of the work, by an act of neglect of the District or its employees, agents, or consultants or by changes ordered by the District or by strikes, lockouts, fire, unavoidable casualties or any other causes beyond the Contractor’s control, then the time of completion will be extended for such reasonable time as the District’s Project Manager may decide. This is the Contractor’s sole remedy for the delays set forth in this Paragraph.

2.25 LIQUIDATED DAMAGES.

The Contractor and the District recognize that time is of the essence for the performance of the work and that the District will suffer financial and other losses if the Project is not completed and Milestones not achieved within the times required by this Agreement, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the District if the work is not completed on time, aside from the additional cost of inspection and supervision. Accordingly, instead of requiring any such proof, the District and the Contractor agree that as liquidated damages for delay (but not as a penalty):

• Milestone 1: The Contractor shall pay the District $235.80 for each day that expires after the time specified for Milestone 1.

• Final Completion: The Contractor shall pay the District $235.80 for each day that expires after the time specified for Final Completion.

2.26 CONTRACTOR'S UNDERSTANDING.

It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under the Agreement. The Contractor acknowledges that he has investigated and correlated his observations with the requirements of this RFB and satisfied himself as to the conditions affecting the work. These conditions include, but are not restricted to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, lake stages, tides, or similar physical conditions at the site, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all Drawings and Specifications and all other documents made a part of this RFB. Any failure by the Contractor to acquaint himself with the available information will not relieve the Contractor from its responsibility for estimating properly the difficulty or cost of successfully performing the work. The District assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the District, its officers or employees prior to the execution of the Agreement, unless such information has been stated expressly in this RFB.

If the Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1) is of such a nature as to establish that any technical data on which the Contractor is entitled to rely under this RFB is materially inaccurate; or 2) is of such a nature as to require a change in the Contract Documents; or 3) differs materially from that shown or indicated in the Contract Documents; or 4) is of an unusual nature, and differs materially from conditions ordinarily

RFB 26-4983 DMIT MONITOR WELL CONSTRUCTION SERVICES Page 16 of 93 encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then the Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any work in connection therewith, notify hydrogeologist in writing about such condition. The Contractor shall not further disturb such condition or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so.

2.27 MATERIALS, APPLIANCES, EMPLOYEES.

Unless otherwise stipulated, the Contractor will furnish and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work.

2.28 TOOLS, PLANTS AND EQUIPMENT.

If at any time before the commencement or during the progress of the work, tools, plants or equipment appear to the District to be insufficient, inefficient or inappropriate to secure the quality of work required, or the proper rate of progress, the District may order the Contractor to increase their efficiency, to improve character, to augment its number or substitute new tools, plants or equipment, as the case may be and the Contractor will conform to such order. The failure of the District to demand such increase of efficiency will not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by the Agreement and to the satisfaction of the District.

2.29 MATERIALS AND EQUIPMENT SCHEDULES.

The Contractor will provide a schedule listing the equipment to be used during well construction activities. The equipment schedule will include: the description of the equipment, the quantity, manufacture, purpose, and working condition of the equipment. Refer to Attachment 5, Contractor Qualification Requirements.

2.30 STANDARDS FOR QUALITY AND WORKMANSHIP.

All materials, equipment, and supplies furnished by the Contractor for permanent incorporation in the work will be new and of quality standards as specified. Workmanship will be first class and the finished product equal to the best-accepted standards of the trade for the category of work performed. It is the District’s intent to obtain a high-quality job that will operate and function with the least maintenance costs.

2.31 GUARANTEE.

All equipment, materials, and installation thereof which are furnished by the Contractor will be guaranteed by the Contractor against defective workmanship, mechanical and physical defects, leakage, breakage and other damages and failure under normal operation for a period of one (1) year from the date of acceptance thereof by the District or such longer duration if required in the Technical Specifications, whichever is longer.

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