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SECTION 00100

INVITATION TO BID

FKAA PROJECT NUMBER 1155-17

SNAKE CREEK SUBAQUEOUS CROSSING

Proposals for Snake Creek Subaqueous Crossing will be received electronically via e-Builder by the Florida Keys Aqueduct Authority (FKAA) until 2:00 p.m., local time on November 23, 2026 and then will be publicly opened via FKAA’s online Bid Portal in e-Builder. Members of the Public are welcome, but not required, to attend the electronic bid opening at the Florida Keys Aqueduct Authority Administration Building located at 1100 Kennedy Drive, Key West, FL 33040. Any bids received after the time and date specified will not be considered.

This project consists of furnishing all material, labor, and equipment necessary for the construction of approximately 2400 LF of HDPE transmission main via horizontal directional drill (HDD) along US Highway 1 at the Snake Creek drawbridge crossing.

Drawings and Specifications may be obtained from the following locations: 1) Demand Star by Oniva at www.demandstar.com/supplier; 2) call toll free 1-800-711-1712; or 3) www.fkaa.com under “Bid Opportunities”. Drawings and Specifications are also available via e-Builder’s Bid Portal for this project which can be found at:

https://gateway.app.e-builder.net/app/bidders/landing?accountid=e5e862df-cb0c-4877-9672- 15008ea20457&projectid=6d850355-05de-47c3-a097-b5f99b975fc0&bidpackageid=802d498d-719f- 47de-a356-2db8a82b0507

The mandatory Prebid Meeting can be attended via Microsoft Teams on October 19, 2026 at 2:00 PM, see immediately below for meeting information:

https://teams.microsoft.com/meet/282811107271612?p=XqENtMeAzGsvvYJrry

The meeting can also be attended by phone:

Dial in by phone +1 850-792-4985

Phone conference ID: 877 343 519# Meeting ID: 282 811 107 271 612 Passcode: BG6CL2M6

Each proposal must be submitted on the prescribed form and accompanied by a copy of certified check or bid bond executed on the prescribed form, payable to the Florida Keys Aqueduct Authority, in an amount not less than 5 percent of the amount bid. A copy of the certified check must be attached to the bid proposal in e-builder.

The Contract, if awarded, will be awarded to the responsive and responsible bidder submitting the lowest single lump sum/unit cost price proposal, with consideration of any Alternate(s) accepted by the FKAA.

The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents.

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Hackwoi

AQUI U AUTI

00200-1

SECTION 00200

INSTRUCTIONS TO BIDDERS

NO. TITLE

1. FORMAT

2. SPECIFICATION LANGUAGE

3. GENERAL DESCRIPTION OF THE PROJECT

4. QUALIFICATION OF CONTRACTORS

5. DOCUMENT INTERPRETATION

6. BIDDER’S UNDERSTANDING

7. TYPE OF PROPOSAL

8. PREPARATION OF PROPOSALS

9. STATE AND LOCAL SALES AND USE TAXES

10. SUBMISSION OF PROPOSALS

11. TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL

12. WITHDRAWAL OF PROPOSAL

13. BID SECURITY

14. RETURN OF BID SECURITY

15. AWARD OF CONTRACT

16. BASIS OF AWARD

17. EXECUTION OF CONTRACT

18. PLANS FOR CONSTRUCTION

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19. PERFORMANCE AND PAYMENT BONDS

20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND

21. ALTERNATIVE TO PERFORMANCE AND PAYMENT BONDS

22. PERFORMANCE OF WORK BY CONTRACTOR

23. TIME OF COMPLETION

24. SHOP DRAWINGS

25. SUB-CONTRACTING/MBE PARTICIPATION

26. PUBLIC ENTITY CRIMES

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INSTRUCTIONS TO BIDDERS

1. FORMAT

The Contract Documents are divided into parts, divisions, and sections to separate categories of subject matter for convenient reference. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

2. SPECIFICATION LANGUAGE

Command type sentences are used in the Contract Documents. These refer to and are directed to the Contractor.

3. GENERAL DESCRIPTION OF THE PROJECT

A general description of the work to be done is contained in the Invitation To Bid. The scope of work is further indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents.

4. QUALIFICATION OF CONTRACTORS

The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the FKAA.

The FKAA reserves the right before awarding the Contract to require a Bidder to submit such evidence of his qualifications as it may deem necessary and may consider any evidence available to the FKAA of the financial, technical, and other qualifications and abilities of a Bidder. The Bidder must submit in letter form, with his Proposal, a statement of his qualifications to perform in a satisfactory manner, and within the time specified, and in fulfillment of all applicable provisions of the Contract Documents, all of the work to which his bid pertains. He must submit information as to the following Qualification Requirements:

A. The Bidder has the authorization to conduct business and holds at a minimum, a General Contractors License for construction of building structures, and valid certifications of competency of qualifications, (issued by the public agencies having jurisdiction of the area where the project is located) required to perform the work proposed by these Contract Documents.

B. The Bidder has the financial resources deemed necessary to permit the project to proceed without interruption and complete as specified herein.

C. The Bidder has a well-trained and competent organization which has done work of similar character and magnitude. An organizational structure as intended, including total manpower, to complete the project will be submitted with the Bidder’s proposal.

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D. The Bidder will have adequate equipment available to do the work at the proper time. A complete list of all equipment intended for use on this project will be submitted with the Bidder’s proposal.

The Contract will be awarded only to a Bidder who, in the opinion of the FKAA, is fully qualified to perform the work proposed by these Contract Documents. Each Bidder shall complete and submit with his bid the Information Required of Bidder located within the Proposal.

5. DOCUMENT INTERPRETATION

The Contract Documents governing the work proposed consist of the Drawings and all material bound herein. These Contract Documents are intended to be mutually complementary and to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any person contemplating the submission of a Proposal shall have thoroughly examined all of the various parts of these documents; should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the FKAA, via e- Builder Bid Portal (at least 6 working days prior to bid opening), an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Contract Documents which will be furnished to all Bidders receiving a set of the Contract Documents. Bidders shall submit with their Proposals, or indicate receipt of, all Addenda.

The FKAA will not be responsible for any other explanation or interpretations of said Contract Documents not issued in writing by Addendum.

6. BIDDER’S UNDERSTANDING

Each Bidder must inform himself of the conditions relating to the execution of the work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents.

It shall be the Bidder’s obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, all Federal, State, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, maintenance of traffic and similar subjects.

7. TYPE OF PROPOSAL

A. LUMP SUM

When the Proposal for the work is to be submitted on a lump sum basis, a single lump sum price shall be submitted in the appropriate place. The total amount to be paid to the Contractor shall be the amount of the lump sum proposal as adjusted for additions or deletions resulting from changes in construction. The Bidder shall furnish a breakdown of his lump sum bid.

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B. COMBINED UNIT PRICE - LUMP SUM

When the Proposal for the work is to be submitted on a combined unit price - lump sum basis, unit prices or lump sum price amounts shall be submitted for all items of work set forth in the Proposal. All items required to complete the work specified or shown on the Drawings, but not included in the Proposal, shall be considered incidental to those set forth in the Proposal. The estimate of quantities of work to be done is tabulated in the Proposal and, although stated with as much accuracy as possible, is approximate only and is assumed solely for the basis of calculation upon which the award of Contract shall be made.

Payment to the Contractor for unit price work will be made on the measurement of the work actually performed by the Contractor as specified in the Contract Documents. The total amount to be paid to the Contractor for the lump sum work shall be the amount of the lump sum Proposal as adjusted for additions or deletions resulting from FKAA-authorized changes in the project.

8. PREPARATION OF PROPOSALS

The Proposal form, along with all required documents, shall be uploaded to the e-Builder Bid Portal. All line items shall be completed on the e-Builder Bid Submission tab. No changes shall be made in the phraseology of the forms.

Any Proposal may be deemed nonresponsive which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published Invitation To Bid.

Only one bid from any individual, firm, partnership, or corporation under the same or different names will be considered. Should it appear to the FKAA that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected.

The Bidder shall sign his Proposal in the blank space provided therefore. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts on behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the FKAA prior to opening of Proposals or submitted with the Proposal.

A. CHANGES IN QUANTITIES

The FKAA reserves the right to increase or decrease the quantity of any line item shown in the Proposal that may be deemed necessary. In the event of increase or decrease, the unit prices for such line items may be subject to adjustment as provided in Section 8.2 of the General Conditions.

9. STATE AND LOCAL SALES AND USE TAXES

Unless any Supplementary Conditions contain a statement that the FKAA is exempt from State sales tax on materials incorporated into the work due to the qualification of the work under this Contract, all State and local sales and use taxes, as required by the laws and statutes of the State

00200-6 and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Proposal shall include all nonexempt sales and use taxes, unless provision is made in the Proposal form to separately itemize the tax.

If any Supplementary Conditions state that the FKAA is exempt from State sales tax on any materials, the Contractor must follow such procedures as may be necessary to preserve the sales tax exemption. If the Contractor fails to do so, he must pay all resulting sales taxes, including applicable interest, penalties or other costs.

10. SUBMISSION OF PROPOSALS

All Proposals must be submitted no later than the time prescribed and in the manner set forth in the Invitation To Bid. Proposals must be made on the Proposal forms provided herein.

11. MODIFICATION OF PROPOSAL

Any Bidder may modify his bid within the e-Builder Bid Portal at any time prior to the scheduled closing time for receipt of bids.

12. WITHDRAWAL OF PROPOSAL

Any Proposal may be withdrawn prior to the scheduled time for the opening of Proposals via e- Builder Bid Portal. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the FKAA and promptly thereafter demonstrates to the reasonable satisfaction of the FKAA that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents.

13. BID SECURITY

Proposals must be accompanied by, a certified check, or cashier’s check drawn on any State or National Bank, or a bid bond issued by a Surety authorized to issue such bonds in the State where the work is located, in the amount of 5 percent of the total amount of the proposal submitted. This bid security shall be given as a guarantee that the Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified.

The Attorney-in-Fact who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. Where State Statute requires, certification by a resident agent shall also be provided.

If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content.

14. RETURN OF BID SECURITY

Within 30 days after the award of the Contract, the FKAA will return the bid securities to all Bidders whose Proposals are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, 00200-7 other than Bidder’s bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied.

15. AWARD & BASIS OF CONTRACT

The FKAA reserves the right to accept any Bid or combination of Bid alternates which, in the FKAA’s judgment will best serve the FKAA’s interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The FKAA reserves the right to reject any one or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the FKAA. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Within 30 calendar days after the opening of Proposals, unless otherwise stated in the Invitation To Bid or Supplementary Conditions of these Documents, the FKAA will issue notice that it intends to accept one of the proposals or will act in accordance with BASIS OF AWARD, below.

Acceptance of the Proposal by the FKAA will be by written Notice of Award, mailed or delivered to the office designated in the Proposal. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract, as prescribed herein, the FKAA may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made by the FKAA will be made within 30 days after the opening of Proposals.

16. BASIS OF AWARD

The Contract will be awarded to the responsible Bidder submitting the lowest acceptable Bid.

The award will be made by the FKAA on the basis of that Proposal from the lowest responsive*, responsible**, qualified Bidder. When projects are paid for in part with Federal funds, the award will be made on the basis of that Proposal submitted by the responsive, responsible, qualified Bidder submitting the lowest Proposal acceptable to the financing agency.

*RESPONSIVE BIDDER: Any person, firm or corporation submitting a bid for the work contemplated whose Bid Form is complete and regular, free of exclusions or special conditions and has no alternative bids for any item unless requested in the technical specifications.

**RESPONSIBLE BIDDER: Any person, firm or corporation submitting a bid for the work contemplated who maintains a permanent place of business, has adequate plant equipment to do the work properly and within the time limit that is established, and has complied with FKAA’s procedures to establish to FKAA’s reasonable satisfaction that he is qualified to perform the Contract, and has adequate financial status to meet his obligations contingent to the work.

17. EXECUTION OF CONTRACT

The successful Bidder shall, within 15 calendar days, not including Saturdays, Sundays and FKAA observed holidays, after receiving Notice of Award, sign and upload via e-Builder, the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 5 days, not including Saturdays, Sundays and FKAA observed holidays, after receiving the signed Contract

00200-8 with acceptable bonds from the successful Bidder, and if the FKAA is satisfied that all conditions of these Contract Documents have been satisfied, the Executive Director of the FKAA or his authorized agent will electronically sign the Contract via e-Builder. Electronic signature by both parties constitutes formation of the Contract.

18. PLANS FOR CONSTRUCTION

The successful Bidder will be provided an electronic set of Contract documents via e-Builder.

19. PERFORMANCE AND PAYMENT BONDS

The successful Bidder shall file with the FKAA separate Performance Bond and Payment Bonds on the forms included herewith, each in the full amount of the Contract price in accordance with the requirements of Florida Statutes Section 255.05, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, for a period of one (1) year after the date of final acceptance of the work by the FKAA, except that materials supplied by the FKAA shall not be covered by the Payment Bond.

The Surety furnishing these bonds shall be authorized to do business in the State of Florida, shall be in compliance with the provisions of the Florida Insurance Code, shall have twice the minimum surplus and capital required by the Florida Insurance Code, and shall hold a currently valid certificate of authority issued by the United States Department of Treasury pursuant to Section 31, Paragraphs 9304-9308, of the United States Code.

For contracts in which the amount is greater than $500,000.00 the Surety must, in addition to the above requirements, have a rating of not less than (A) by the latest edition of the KEY RATING GUIDE as published by A.M. Best Company, A.M. Best Road, Oldwick, NJ 08858.

For contracts $200,000 or less, the alternate bonding procedure described in Paragraph 22 may be utilized.

The Attorney-in-Fact (Resident Agent) who executes the Performance and Payment Bonds on behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bonds.

All Contracts, Performance and Payment Bonds, and respective powers-of-attorney shall have the same date.

20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND

The Bidder who receives Notice of Award and who fails to promptly and properly execute the Contract and furnish the Performance and Payment Bonds shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the FKAA. It is agreed that this sum is a fair estimate of the amount of damages the FKAA will sustain in case the Bidder fails to enter into a Contract and furnish the bonds as hereinbefore provided. Bid security deposited in the form of a certified check or cashier’s check shall be subject to the same requirements as a Bid Bond.

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21. ALTERNATIVE TO PERFORMANCE AND PAYMENT BONDS

If the total contract amount is $200,000 or less, the Bidder who has a contract awarded is not required to furnish the Performance and Payment Bonds described above. If the Contractor elects not to furnish said bonds, Contractor shall be required to conform to the following procedures relative to payment of contractors, subcontractors, laborers and material suppliers.

I.

At any time prior to final completion of the contract, the FKAA shall not authorize or make payment to the Contractor in excess of ninety five percent (95%) of the amount due on the contract on the basis of the work suitably completed and material suitably stored on the site. In case of default by the Contractor, the Laborers, Materialmen, and Subcontractors, making claims for unpaid bills, will be paid from the five percent (5%) retainage, as defined in Florida Statutes section 255.078, on a pro rata basis as follows: the sum all valid claims made shall be divided into each individual claim thereby deriving a percentage value for each individual claim. The total retainage will then be multiplied by the percentage value for each individual claim and the result shall be the pro rata share of the retainage to be paid to each claimant. However, no payment shall exceed the valid claim made.

II.

The Contractor shall provide a certified list of all subcontractors, laborers and material suppliers to the FKAA’s Construction Manager within ten days of his receiving his Notice to Proceed with the work. This list shall be immediately updated thereafter with notice of subcontractors provided prior to such subcontractors entering the job site(s). Each month a certified statement shall be sent to the FKAA stating that the list and its updates include the names and addresses of all of those subcontractors, laborers, and material suppliers furnishing labor and/or materials for the project.

(Reference or add subcontractor language)

III.

The FKAA shall place a notice in the following form, on three successive weeks, in a local newspaper and the Contractor shall post such notice in a conspicuous place on the project site:

“Notice is hereby made to all those concerned and affected that (CONTRACTOR'S NAME) is performing (PROJECT NAME), (PROJECT NUMBER) at (LOCATION) for the Florida Keys Aqueduct Authority. All parties furnishing labor and/or materials to said project are requested to provide notice of such in writing by certified mail to the Construction Manager, Florida Keys Aqueduct Authority, 1100 Kennedy Drive, Key West, Florida 33040, within twenty days of first providing such labor and/or materials.”

IV.

When a Contractor receives any payment from the FKAA, the Contractor shall pay such moneys received to each Subcontractor and Supplier in proportion to the percentage of work completed by each Subcontractor and Supplier at the time of receipt of the payment. If the Contractor receives less than full payment, then the Contractor shall be required to disburse only the funds received on a pro rata basis with the Contractor, Subcontractors, and Suppliers, each receiving a prorated portion based on the amount due on the payment. The Contractor shall make such payments within seven (7) working days after receipt by the Contractor of such full or partial payment, and if the

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Contractor without reasonable cause fails to do so, the Contractor shall in addition pay the penalties imposed by Florida Statutes section 287.0585.

V.

The Contractor shall provide a written statement with each pay request to the FKAA’s Construction Manager which indicates which Subcontractors and Suppliers will be paid and how much to each.

This pay request breakdown shall define the disbursement intended for all of the funds requested.

VI.

With all but the first payment request, the Contractor shall provide a written statement from each of the Subcontractors and Suppliers indicated in V. above that payments as indicated in the preceding statements have been made. In the event any payment is not made as indicated on a prior statement noted in V. above, the Contractor shall immediately furnish an explanation as to the reasons for such deviation and shall request approval from the FKAA’s Construction Manager.

VII.

The final payment of retainage shall not be made until the project has been inspected by the person(s) designated by the FKAA for that purpose and until he has verified that the project has been constructed in accordance with the approved plans, specifications and approved change orders and until the project has been accepted.

The final payment of retainage shall not be made until the Contractor has supplied the FKAA with signed and dated statements, from all Laborers, Materialmen, and Subcontractors identified under II, above, stating that they have not claims against the Contractor for the work under the contract.

Said statements shall identify the project by name and project number.

22. PERFORMANCE OF WORK BY CONTRACTOR

The Contractor shall perform on the site and with his own organization, labor equivalent to at least sixty percent of the total amount of the work to be performed under this Contract. If, during the progress of the work hereunder, the Contractor requests a reduction of such percentage, and the FKAA determines that it would be to the FKAA’s advantage, the percentage of the labor required to be performed by the Contractor’s own organization may be reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor from the FKAA.

23. TIME OF COMPLETION

The time of completion of the work to be performed under this Contract is the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Article 7.7, of the General Conditions. The time allowed for the completion of the work is stated in the Proposal.

24. SUBMITTALS

The Contractor shall provide Submittals via e-Builder Submittal module. Submittals shall consist of illustrative data, specifications, setting plans, installation instructions where required, and other data as may be requested, and shall be submitted to the FKAA for approval prior to ordering

00200-11 fabrication of specially fabricated materials to be furnished. Any purchase, fabrication or shipment of materials and equipment prior to such approval shall be at the Contractor’s risk. Such materials and equipment may be rejected if they do not meet all the requirements of the Contract Documents.

The Contractor shall provide Submittals in accordance with a schedule submitted at the time of the preconstruction conference and agreed upon by the FKAA.

Prior to providing Submittals, the Contractor shall have verified any necessary field dimensions and shall have determined conformance with the requirements of the Contract Documents, or, upon submission, advise the FKAA of any deviations. The Submittals shall bear the Contractor’s stamp of approval indicating that the Contractor has made such verification and determination. Shop Drawings shall be clearly detailed and dimensioned. If, in the opinion of the Engineer, the provided Submittals are incomplete, or inaccurate, he may reject them without checking and require re-submission.

The FKAA or its designee shall review Submittals with reasonable promptness, but the review and approval shall be only for conformance with the design concept of the project, and compliance with the requirements of the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The FKAA’s approval of Submittals shall not relieve the Contractor of any deviation from the requirements of the Contract Documents without the Engineer’s written specific approval of such deviation, nor shall it relieve the Contractor from responsibility for errors and omissions in Submittals nor from his basic responsibility of satisfactory completion of the project in accordance with the requirements of the Contract Documents.

25. SUB-CONTRACTING/MBE PARTICIPATION

The FKAA reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Bidder, who, in the opinion of the FKAA will be in the best interest of and/or most advantageous to the FKAA. The FKAA also reserves the right to reject a bid of any Bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The FKAA reserves the right to make said determination.

Bidders are hereby informed that the FKAA encourages the utilization and participation of Minority and Women Business Enterprises. Bidders are encouraged to seek Minority and Women Business Enterprises for participation in subcontracting opportunities.

26. PUBLIC ENTITY CRIMES

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 Florida Statute Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

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SECTION 00300

PROPOSAL

Florida Keys Aqueduct Authority

1100 Kennedy Drive Key West, Florida 33040

Project Title: SNAKE CREEK SUBAQUEOUS CROSSING

FKAA Project #: 1155-17

Bidder’s person to contact for additional information on this Proposal:

Name: Emmy McDowell

Telephone: 305 295 2136

BIDDER’S DECLARATION AND UNDERSTANDING

The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the FKAA, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract.

The Bidder further declares that the Bidder has carefully examined the Contract Documents for the construction of the project, that the Bidder has personally inspected the site, that the Bidder has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal.

The Bidder further agrees that the Bidder has exercised his own judgment regarding the interpretation of subsurface information and has utilized all data which the Bidder believes pertinent from the Engineer, FKAA, and other sources in arriving at his conclusions.

CONTRACT EXECUTION AND BONDS

The Bidder agrees that upon receiving notice of FKAA’s intent to accept this Proposal the Bidder will, within 15 working days after Notice of Award, sign the Contract, provide the executed Performance and Payment Bonds, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction, and perform the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents.

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CERTIFICATES OF INSURANCE

The Bidder further agrees to furnish to the FKAA, before signing of the Contract, the Certificates of Insurance as specified in these Documents. The FKAA shall be listed as additionally insured on all Insurance Certificates.

START OF CONSTRUCTION AND CONTRACT COMPLETION TIME

The Bidder further agrees to begin work within ten (10) calendar days after the date of the Notice to Proceed and that construction shall be substantially complete, in all respects, within 10 months after the date of the Notice to Proceed, and Final Completion of construction will be within 30 calendar days of the date of Substantial Completion.

LIQUIDATED DAMAGES

In the event the Bidder is awarded the Contract and fails to complete the work within the time limit or extended time limit agreed upon for Substantial Completion as set forth in the Contract Documents, liquidated damages shall be paid to the FKAA at the rate of $3500.00 per calendar day for all work awarded under the Contract until the work has been substantially completed as provided by the Contract Documents.

After Substantial Completion, if the Bidder fails to complete the work within the time limit or extended time limit agreed upon for Final Completion, liquidated damages shall continue to be paid to the FKAA at this rate until Final Completion of the project.

ADDENDA

The Bidder hereby acknowledges that he has received Addendum No’s , , , , , (Bidder shall insert No. of each Addendum received) and agrees that all Addenda issued are hereby made part of the Contract Documents, and the Bidder further agrees that the Proposal includes all impacts resulting from said Addenda.

SALES AND USE TAXES

The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax.

UNIT PRICE BID

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the bid item schedule in this section.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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C. Discrepancies between the product of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

PUBLIC ENTITY CRIMES

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 Florida Statute Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

FLORIDA TRENCH SAFETY ACT

The Bidder further acknowledges that included in the various items of the Proposal and in the total bid price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. These costs shall not be paid for in a separate bid item.

SUBCONTRACTORS

The Bidder further proposes that the following subcontracting firms or businesses will be awarded subcontracts for the following portions of the work in the event that the Bidder is awarded the Contract:

Name Type Work Value

Street City State Zip Code

Name Type Work Value

Street City State Zip Code

Name Type Work Value

, , , _________________ Street City State Zip Code

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SURETY

The Bidder is awarded a construction Contract on this Proposal, the Performance and Payment Bonding will be handled in the following manner (Bidder to check one):

[ ] In accordance with Paragraph 22 of “Instructions to Bidders”, Performance and Payment Bonds will not be furnished. Bidder agrees to abide by the conditions of Paragraph 22 (FOR

CONTRACTS LESS THAN $200,000 ONLY).

[ ] Payment and Performance Bonds will be furnished by a Surety. The Surety who will provide the

Payment and Performance Bonding will be whose address is ___________________________________________________________ Street

City State Zip Code

00300-5

BIDDER

The name of the Bidder submitting this Proposal is_____________________________

, doing business at

Street City State Zip Code which is the address to which all communications concerned with this Proposal and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons interested in this Proposal as principals are as follows:

If Sole Proprietor or Partnership

IN WITNESS hereto the undersigned has set his (its) hand this day of , 20__.

Signature of Bidder

Title

If Corporation

IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of , 20__.

(SEAL) Name of Corporation

By

Title

Attest

Secretary

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Information Required of Bidder

GENERAL INFORMATION

The Bidder shall furnish the following information. Failure to comply with this requirement may render the Proposal nonresponsive and may cause its rejection. Additional sheets shall be attached as required.

1. Contractor’s Telephone Number: ________________________________________

2. Contractor’s License: __________________________________________________

Primary Classification: ________________________________________________ Florida State License No.:______________________________________________

Supplementary classifications held, if any: _________________________________

3. Number of years as a contractor in construction work of this type: ____________

4. Names of persons who inspected site of proposed work for your firm:

Name: ______________________________________________________ Dates of Inspection: ___________________________________________ Name: ______________________________________________________ Dates of Inspection: ___________________________________________ Name: ______________________________________________________ Dates of Inspection: ___________________________________________

5. ATTACH TO THIS BID the experience resume of the person who will be designated chief construction superintendent.

6. ATTACH TO THIS BID references and other information sufficiently comprehensive to permit an appraisal of contractor’s current financial condition.

7. ATTACH TO THIS BID Contractors’ organizational structure, including manpower, to complete the project within the specified limits.

8. ATTACH TO THIS BID Contractors’ list of equipment intended for use to complete the project within the specified limits.

9. ATTACH TO THIS BID a list of all construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. This list shall include the following information as a minimum:

Name, address, and telephone number of Owner

Name of project

Location of project

Brief description of the work involved

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Contract amount

Date of completion of contract

Name, address, and telephone number of architect or engineer

Name of the Owner’s Construction Manage

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SECTION 00400

BID BOND

STATE OF FLORIDA

COUNTY OF

KNOW TO ALL MEN BY THESE PRESENTS, that we, hereinafter called the PRINCIPAL, and hereinafter called SURETY, are held and firmly bound unto Florida Keys Aqueduct Authority, represented by its Board of Directors, hereinafter called OWNER, in the sum of

DOLLARS ($ )

lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the PRINCIPAL contemplates submitting or has submitted a bid to the OWNER for the furnishing of all labor, materials (except those to be specifically furnished by the OWNER), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Proposal and the detailed Drawings and Specifications, entitled:

SNAKE CREEK SUBAQUEOUS CROSSING

WHEREAS, it was a condition precedent to the submission of said bid that a cashier’s check, certified check, or bid bond in the amount of 5 percent of the base bid to be submitted with said bid as a guarantee that the PRINCIPAL, would, if notified of OWNER’S intent to award the Contract to the PRINCIPAL, enter into a written Contract with the OWNER for the performance of said Contract, within 15 consecutive calendar days after written notice having been given of the award of the Contract.

NOW, THEREFORE, the conditions of this obligation are such that if the PRINCIPAL accepts within 15 consecutive calendar days after written notice of such intended award executes and delivers to the OWNER the written Contract with the OWNER and furnishes the Performance and Payment Bonds, each in an amount equal to 100 percent of the base bid, satisfactory to the OWNER, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the OWNER and the SURETY herein agrees to pay said sum immediately upon demand of the OWNER in good and lawful money of the United States of America, as liquidated damages for failure thereof said PRINCIPAL.

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IN WITNESS WHEREOF, the said ____________________________________________________as PRINCIPAL herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as SURETY herein, has caused these presents to be signed in its name by its corporate seal, this day of A.D., 20 .

Signed, sealed and delivered in the presence of:

the Principal-Contractor

By: _________________________________

Title: ________________________________ as to Principal

Surety

By: _________________________________ Attorney-in-Fact (Power-of-Attorney to be attached)

By: __________________________________

As to Surety Resident Agent

00500-1

SECTION 00500

CONTRACT AGREEMENT

THIS AGREEMENT, made and entered into on the ______day of ___________________, by and between “______________________”, the “CONTRACTOR” and the “FLORIDA KEYS

AQUEDUCT AUTHORITY”, THE FKAA.

WITNESSETH:

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the FKAA as follows:

1. That the Contractor shall furnish materials as required, and perform all of the work in manner and form as provided by the following enumerated Contract Documents, which are attached hereto and made a part hereof, as if fully contained here:

Invitation to Bid, Instructions to Bidders, General Conditions, Supplementary Conditions (if applicable), Specifications, Proposal, Addenda, and the Drawings.

As contained in: SNAKE CREEK SUBAQUEOUS CROSSING

2. The work must be substantially completed, as defined by Article 1.16 of the General Conditions, within 10 months from the date of the Notice To Proceed. The work as provided in Article 1.15 of the General Conditions shall be completed and ready for final payment in accordance with Article

1.17 of the General Conditions within 30 calendar days from the date of Substantial Completion.

3. Liquidated Damages: The Contractor recognizes that time is of the essence of the FKAA Contract and that the FKAA will suffer financial loss if the work is not completed within the times specified in Paragraph 2 above, plus any extensions thereof allowed in accordance with Article 7.9 of the General Conditions.

All parties recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the FKAA if the work is not completed on time. Accordingly, instead of requiring any such proof, the FKAA and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the FKAA $3500.00 for each day that expires after the time specified for substantial completion until the work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse or fail to complete the remaining the work within the contract time or any proper extension thereof granted by the FKAA, Contractor shall continue to pay the FKAA this daily rate of liquidated damages for each day that expires after the time specified for final completion and readiness for final payment. Weekends and legal holidays shall be included in determining days in default.

4. That the FKAA hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents, in lawful money of the United States, the amount of:

Dollars ($__________________), based on the estimated quantities and Unit or Lump Sum Prices contained herein.

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5. That on or before the 30th day of each calendar month, the FKAA shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the FKAA, LESS the retainage provided in the Contract Documents, which is to be withheld by the FKAA until all work within a particular part has been performed strictly in accordance with this Contract and until such work has been accepted by the FKAA.

6. That upon submission by the Contractor, of evidence satisfactory to the FKAA that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Contract shall be made within 60 days after the completion by the Contractor, of all work covered by this Contract and the acceptance of such work by the FKAA.

7. It is further mutually agreed between the parties hereto that if, at any time after the execution of the

Contract and the Surety Bonds, hereto attached for its faithful performance and payment, the FKAA shall deem the Surety or Sureties upon any such bond to be unsatisfactory or if, for any reason any such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within 5 days after the receipt of notice from the FKAA so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the FKAA. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the FKAA.

8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the FKAA and written notice shall be delivered to Contractor directing Contractor to proceed with such additional work or extras.

9. That the Contractor shall:

Check One Only

[ ] (a) Furnish Payment and Performance Bonds which comply with Chapter 255, Florida Statutes, and other applicable law.

[ ] (b) Agree to follow the Alternative to Performance and Payment Bonds Procedures found in Instructions to Bidders Paragraph No. 22 (FOR CONTRACTS LESS THAN $200,000

ONLY).

10. For contracts exceeding one year, FKAA’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of Directors.

11. For Contracts of any amount, if the FKAA determines that the Contractor has been placed on the

Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the FKAA may terminate this agreement immediately.

12. For contracts of $1,000,000 or more:

(1) If the FKAA determines that the Contractor submitted a false certification under Section 287.135(5), Florida Statutes, and/or has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and/or has been engaged in business operations in Cuba or Syria, the FKAA may terminate this agreement immediately.

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(2) If the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with…