IFB_38004-1 Second Call_Crane Creek M-1 Canal Flow Restoration_CleanFINAL.pdf

IFB 38004-1

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

SECOND CALL; CRANE CREEK M-1 CANAL FLOW RESTORATION

INVITATION FOR BID 38004-1

The Governing Board of the St. Johns River Water Management District (the “District”), requests that interested parties respond to the solicitation below by 2:00 p.m., December 1, 2022. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, or the District by calling or emailing Amy Lucey, Senior Procurement Specialist, at 321-409-2156 or ALucey@sjrwmd.com. Responses will be opened at the Palm Bay Service Center, 525 Community College Parkway SE, Palm Bay, FL 32909.

MANDATORY PRE-BID CONFERENCE

A Mandatory Pre-Bid Conference is scheduled for November 15, 2022, at 10:00 a.m., at the District’s Palm Bay Service Center, located at 525 Community College Parkway, S.E., Palm Bay, FL 32909.

The purpose of the pre-bid conference is to allow potential bidders an opportunity to present questions to staff and obtain clarification on the requirements of the bid documents. Because the District considers such a conference critical to understanding the bid requirements, representation at the pre-bid conference visit is MANDATORY to qualify as a bidder.

Potential bidders may attend the conference in-person at the District’s Palm Bay Service Center or virtually by following the instructions below. Attendance either in person or virtually will satisfy the mandatory attendance requirement to qualify as bidder.

Minutes of the conference will not be created.

Instructions for virtual attendance at mandatory pre-bid conference:

For MS TEAMS or Skype:

Meeting ID 261 695 434 187 Passcode fECHsz

Or audio only:

Conference phone number 1-386-256-1151 Meeting ID 465 486 729#

Project Description

The Work of this Project consists of the construction of six primary project elements:

1. An operable control structure within the M-1 Canal east of Evans Road, including pneumatic crest gates (weirs), concrete hardened flow channel, flow channel center dividing wall, flow

- 2 -attenuation blocks, foundations, rip rap, mechanical equipment, power supply and equipment, concrete slabs, instrumentation and controls, paving, grading, and other incidental work.

2. A stormwater pumping station, located east of I-95 adjacent to the M-1 Canal along Coastal Lane. Work includes intake structure and screens, intake piping and manholes, concrete wetwells, pumps, discharge piping, valves, pipe supports, power supply and equipment, concrete slabs and pavement, instrumentation and controls, paving, grading, and other incidental work.

3. A stormwater pumping station, located west of the St. Johns Heritage Parkway. Work includes intake structure and screens, intake piping and manholes, concrete wetwell, pumps, discharge piping, valves, pipe supports, power supply and equipment, concrete slabs and pavement, instrumentation and controls, paving, grading, and other incidental work.

4. A section of 24-inch-diameter underground high-density polyethylene (HDPE) stormwater force main from the east pump stations to the STA. Installation by horizontal directional drilling and open-cut trenching, valves, fittings, surface restoration, plantings to restore temporary construction easements and other project areas, a precast outfall structure into the STA, and other incidental work.

5. A section of 24-inch-diameter underground high-density polyethylene (HDPE) stormwater force main from the west pump station. Installation by horizontal directional drilling and open-cut trenching, valves, fittings, surface restoration, plantings to restore temporary construction easements and other project areas, an outfall structure north of 192, and other incidental work.

6. A stormwater treatment area (STA) west of the St. Johns Heritage Parkway. The STA will include earthwork for regrading slopes of an existing borrow pit, an access road, and other incidental work.

The engineer's construction estimate for the project is $19,823,000.00.

Exhibits accompanying this solicitation are as follows:

Exhibit 1 – Specifications Crane Creek M-1.pdf Exhibit 2 - Vol 1 Electrical_M-1_Dwgs.pdf Exhibit 3 - Vol 1_Civ.Mech._M-1 Canal Flow.pdf Exhibit 4 - Vol 1_I95 Pipeline_M-1 Canal Flow.pdf Exhibit 5 - Vol 1_Structural M-1 Canal Restoration.pdf Exhibit 6 - Vol 1_Survey_M-1 Canal Flow Restoration.pdf Exhibit 7 - Vol 2_Civil.Mech_M-1 Canal Flow Restoration.pdf Exhibit 8 - Vol 2_Electrical - M-1 Canal.pdf Exhibit 9 - Vol 2_Structural M-1 Canal Restoration.pdf Exhibit 10 – Permits_deeds_easements_and_agreements.pdf

Americans With Disabilities Act (ADA)

The District does not discriminate on the basis of disability in its services, programs, or activities. Special accommodations for disabilities may be requested through Amy Lucey, or by calling (800) 955-8771 (TTY), at least five business days before the date needed.

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

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

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

3. WHERE TO DELIVER BID ................................................................................................ - 4 -

4. OPENING OF BIDS .............................................................................................................. - 4 -

5. PREPARATION AND ORGANIZATION OF BID DOCUMENTS ................................... - 5 - 6.INQUIRIES AND ADDENDA................................................................................................... - 6 -

7. ENGINEER'S ESTIMATE ....................................................................................................... - 6 -

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

9. BID GUARANTY .................................................................................................................... - 10 -

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

11. SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................ - 10 -

12. DISQUALIFICATION OF RESPONDENTS .................................................................... - 11 -

13. REJECTION OF BID........................................................................................................... - 11 -

14. WITHDRAWAL OF BIDS .................................................................................................. - 11 -

15. AWARDING THE AGREEMENT ..................................................................................... - 11 -

16. EXECUTION OF AGREEMENT ....................................................................................... - 12 -

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA .................. - 13 -

18. DIVERSITY .......................................................................................................................... - 13 -

19. FLORIDA SALES TAX ....................................................................................................... - 13 -

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS ...................................... - 13 -

21. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES........................................ - 14 -

22. NOTICES AND SERVICES THEREOF ........................................................................... - 14 -

23. PROTEST PROCEDURES ................................................................................................. - 14 -

FORMS .................................................................................................................................................. - 16 - BID FORM ........................................................................................................................................ - 16 - PROPOSED SUBCONTRACTORS ................................................................................................. - 19 - CERTIFICATE AS TO CORPORATION ........................................................................................ - 21 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ................................................................................. - 22 - QUALIFICATIONS — GENERAL .................................................................................................. - 23 - QUALIFICATIONS — CLIENT REFERENCE .............................................................................. - 29 - DRUG-FREE WORKPLACE FORM ............................................................................................... - 35 - BID BOND FORM ............................................................................................................................ - 37 - PERFORMANCE AND PAYMENT BOND .................................................................................... - 38 - NO RESPONSE FORM..................................................................................................................... - 39 - AGREEMENT ................................................................................................................................. - 40 - ATTACHMENT A — STATEMENT OF WORK/TECHNICAL SPECIFICATIONS ................... - 66 - ATTACHMENT B — INSURANCE REQUIREMENTS ................................................................ - 67 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) .................... - 69 -

ATTACHMENT D Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agreements - 70 -

ATTACHMENT E – SAMPLE FORMS .......................................................................................... - 77 -

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INSTRUCTIONS TO RESPONDENTS

1. DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the sample contract document (the “Agreement”) that is at the end of these instructions. The Agreement includes these Instructions to Respondents, any addenda published by the District, the bid provided by Respondent (the “Bid”), and all required certifications and affidavits.

2. CONTRACT ADMINISTRATION

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

Amy Lucey, Senior Procurement Specialist Phone: 321-409-2156 Fax: 321-722-5357 Email: ALucey@sjrwmd.com

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

3. WHERE TO DELIVER BID

Bids may now be uploaded directly to www.demandstar.com

OR

The Bid must be submitted in a sealed envelope to:

Amy Lucey, Senior Procurement Specialist St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway SE, Palm Bay, FL 32909

Respondents must clearly label the Bid envelope with large bold, and/or colored lettering (place label on inner envelope if double sealed) as follows:

SEALED BID — DO NOT OPEN

Respondent’s Name: _______________________________ Invitation for Bid: 38004-1 Opening Time: 2:00 p.m.

Opening Date: December 1, 2022

4. OPENING OF BIDS

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

2:00 p.m., December 1, 2022 St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway SE, Palm Bay, FL 32909 http://www.demandstar.com/

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

Unless otherwise exempt, Respondent’s Bid is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Bid is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla. Stat., Respondent must clearly identify any such material as “CONFIDENTIAL TRADE SECRET” in its Bid and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a Bid for excessive or unwarranted assertion of trade secret confidentiality and return the Bid to Respondent.

5. PREPARATION AND ORGANIZATION OF BID DOCUMENTS

Respondent must submit its Bid in “digital” format. Instructions for submitting are provided below.

Please do not submit paper bid documents.

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

a. Bid Form

b. Cost Schedule

c. Certificate as to Corporation

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

e. Qualifications (General, Similar Projects, Client References, Subcontractors, and other required qualification forms)

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

g. Trench Safety Act Compliance Form

h. Bid bond form - Respondent must use the District’s form

2. Respondents must submit the original bid package in the form and manner specified herein. All blank spaces on the bid documents must be typewritten or legibly printed in ink. Respondent must specify the cost for any one complete bid item or the entire work described in the Agreement (the “Work”) in figures as indicated by the spaces provided. In the event you decline to submit a bid, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a bid.

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

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

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

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

(Example: IFB 12345 ABC Company 01-15-22)

6. All digitally submitted files shall be saved to a single USB flash drive. The USB flash drive

MUST be placed in a sealed envelope. If uploaded, the electronic submittal MUST be uploaded directly to www.demandstar.com - DO NOT SUBMIT YOUR BID BY EMAIL — THIS WILL

RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE.

7. Please do NOT password protect your files. The District recommends that Respondents confirm their Submittal will open correctly on a non-company owned computer. Any electronic submittal

- 6 -received by the District that does not open on a District-owned computer is subject to rejection as a defective response.

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

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

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

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

INSTRUCTIONS FOR PREPARATION AND ORGANIZATION OF BID.

6.INQUIRIES AND ADDENDA

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

Every request for a written interpretation or correction must be received at least nine days prior to opening of Bids in order to be considered. Requests may be submitted by fax at 321-722-5357 or by email at ALucey@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Bids.

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

7. ENGINEER'S ESTIMATE

The engineer's construction estimate for the project is $19,823,000.00. The above amount is an estimate only and does not limit the District in awarding the Agreement. Respondents are cautioned to not make any assumptions from the engineer's construction estimate about the total funds available for the Work.

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

8. MINIMUM QUALIFICATIONS

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

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

Respondent (or a subcontractor named in the Proposed Subcontractors form) must have successfully completed six (6) similar projects as described below. In addition to the

- 7 -specifications for each similar project described below, each similar project must comply with the following criteria:

• Each project listed below must have been successfully completed within the past ten (10) years as of the Bid due date.

• Only where indicated, the similar project may be completed by a subcontractor named in the Proposed Subcontractor Form.

• For each Similar Project, the Respondent (or named subcontractor) must have had overall responsibility for construction of the specific components listed for each Similar Project by self-performing the work.

• If the Respondent (or named subcontractor) was not the prime contractor on the similar project, the “total project value” of the similar project shall be determined based upon the component of the similar project for which the Respondent or subcontractor was responsible.

• Each of the six similar projects must be different projects; a project may not be listed more than once as a similar project.

1. Similar Projects – Canal or Waterway Improvements (2 projects): Two projects involving canal or waterway improvements within an active flow way with at least one permanent operable stormwater structure, such as an adjustable stormwater weir or gate system with structure design flows of 300 cubic feet per second (cfs) or greater. Each project shall demonstrate construction of cast-in-place concrete within the waterway, such as foundations, headwalls, or bank hardening. Each project must also demonstrate sediment and erosion control within the flow way during construction. Each project must have a total project value equal to or exceeding $1,500,000.00. These projects must have been completed by Respondent (not a subcontractor).

2. Similar Projects – Civil Works (2 projects): Two civil works projects consisting of one or more of the following types: bridges, culverts, utilities, stormwater management, waterways, reservoirs, dams/levees. Each project must have a total project value equal to or exceeding $5,000,000.00. These projects must have been completed by Respondent (not a subcontractor) as the prime contractor.

3. Similar Project Pumping Station (1 project): A project involving at least one submersible pumping station with at least two pumps (duplex) with design flows of 1,500 gallons per minutes (firm capacity) or greater. The project shall include all telemetry, valving, controls, power supply and site work. The project must have a total project value equal to or exceeding $750,000.00. This project may be completed by a subcontractor named in the Proposed Subcontractor form.

4. Similar Project Horizontal Direction Drilling (1 project): A project involving horizontal direction drilling of a pressure pipeline consisting of 16-inch diameter or larger pressure pipe and single drill / pull distances of 1,000 linear feet or greater. The project must have a total project value equal to or exceeding $500,000.00. This project may be completed by a subcontractor named in the Proposed Subcontractor form.

b. References (must use District-provided Qualification - Client Reference form). Respondent must provide three client references who can verify Respondent’s qualifications and past performance record. Respondent must have successfully completed a project for the client reference within the past 10 years. Up to two of the client references may be from the

NOTE: All requested information for the six similar projects must be included in the District-provided Qualification-Similar Projects form. In determining whether a Respondent satisfies the minimum qualifications for similar projects, the District will not consider any additional projects or materials submitted by Respondent beyond the District-provided Qualification-Similar Projects form.

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Similar Projects listed in response to subparagraph (a), above. No more than one of the references may be from completed District projects. If references are not able to verify Respondent’s qualifications and past performance, then Respondent may be disqualified.

c. License (must use District-provided Qualification-General form). Respondent must possess a General Contractor’s license, as described in Florida Statutes Chapter 489, that is current and active. If Respondent is doing business as a corporation, partnership, limited liability company or any business entity other than a sole proprietorship, the Respondent must be qualified by a properly licensed individual general contractor, and the Respondent’s name must appear on the qualifying general contractor’s license. All subcontractors must be licensed in the area for which they perform work.

Note: if Respondent intends to utilize the license of a subcontractor to obtain any permit to perform the Work, the subcontractor and license classification must be disclosed in the Proposed Subcontractor form.

d. Business Registration (Respondent-provided documentation). Respondent must submit evidence of respondent's qualification to do business in the state where the Project is located.

e. Bonds and Surety (must use District-provided Bid Bond form). Respondent must provide a Bid Bond in the amount of 0.5% of its total bid amount with their bid. Respondent must be capable of providing a 100% Performance and Payment Bond and a 100% Labor and Materials Bond at the time contract award. Respondent’s surety company shall meet the following minimum requirements:

5. It shall be licensed to conduct business in the State of Florida.

6. It shall have a current valid Certificate of Authority issued by the United

States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.

7. It shall be in full compliance of the provisions of the Florida Insurance Code.

a. Subcontractor Limitation (must acknowledge on District-provided Proposed Subcontractor form). Respondent is limited to utilizing subcontractors for no more than 40% of the labor on the following project element:

• Construction of an operable control structure within the M-1 Canal east of Evans Road, including pneumatic crest gates (weirs), concrete hardened flow channel, flow channel center dividing wall, flow attenuation blocks, foundations, rip rap, mechanical equipment, power supply and equipment, concrete slabs, instrumentation and controls, paving, grading, and other incidental work

The remaining balance of the work on the project element specified above must be performed by Respondent’s own forces.

b. Project Manager Qualifications (must use District-provided Qualification-Project Manager form). The Project Manager must be able to: (1) provide coordination, oversight, and project management; verify compliance with applicable laws, regulations, and permit requirements; (2) understand and administer contract agreements; (3) ensure proper invoicing and accounting of project costs; (4) coordinate work of subcontracts; (5) establish, communicate, and implement project schedules; (6) manage budgets and financial reporting; and (7) manage the quality assurance / quality control program.

At a minimum, the Project Manager must:

(1) Be employed by Respondent for at least 12 months during the five years preceding the date set for bids.

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(2) Have at least five years of construction project management experience on projects of a related nature (surface-water, water or waste-water pump stations) within the ten years immediately preceding the date set for receipt of bids. Each project used to document the length of construction supervisory experience must have a project value of at least $2,500,000. The experience may be with Respondent or in combination with other construction firms.

(3) Have served in the capacity of Project Manager for at least 12 consecutive months during the five years preceding the date set for receipt of bids. The required experience may be with the Respondent or in combination with other construction firms.

f. Construction Superintendent Qualifications (must use District-provided Qualification- Construction Superintendent forms). The Construction Superintendent must be able to: (1) perform basic construction layout; (2) read and interpret plans and specifications;

(3) supervise subcontractors, foremen, and work crews; (4) coordinate and expedite equipment and material deliveries; (5) make field decisions based upon site conditions; (6) coordinate multiple construction activities at the same time; (7) coordinate mobilization and demobilization activities; and (8) complete a Punch List.

At a minimum, the Construction Superintendent must:

(1) Be employed by Respondent for at least 12 months during the five years preceding the date set for bids.

(2) Have at least five years of construction supervisory experience on projects of a related nature (surface-water, water, or waste-water pump stations) within the ten years immediately preceding the date set for receipt of bids. Each project used to document the length of construction supervisory experience must have a project value of at least $2,500,000. The experience may be with Respondent or in combination with other construction firms.

(3) Have served in the capacity of Construction Superintendent for at least 12 consecutive months during the five years preceding the date set for receipt of bids. The required experience may be with the Respondent or in combination with other construction firms.

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

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Irrespective of the minimum qualifications stated above, the District may make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work.

The District reserves the right to reject any Bid if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

9. BID GUARANTY

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

that if the Bid is accepted, Respondent must enter into a contract with the District in accordance with the Agreement; and that Respondent will provide any required performance and payment bonds and certificates of insurance.

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

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

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

10. SUBCONTRACTS

Respondent must submit with its Bid a list of all known subcontractors who will participate in more than ten percent of the Work on the attached “Proposed Subcontractors” form. Use of subcontractors on this project is subject to the limitation on subcontractors described in Paragraph 8 – Minimum Qualifications.

Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid.

11. SIGNATURE AND CERTIFICATION REQUIREMENTS

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

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

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

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

12. DISQUALIFICATION OF RESPONDENTS

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

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

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

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Bid;

e. Information gained through checking of references or other sources which indicates that

Respondent may not successfully perform the Work;

f. Incomplete contractual commitment(s) to other persons or entities, which, in the sole judgment of the District, may hinder or prevent the prompt completion of the Work if awarded to Respondent;

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

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

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

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

13. REJECTION OF BID

Bids must be delivered or uploaded electronically as indicated in paragraph 3 to the specified location and received before the Bid opening in order to be considered. Untimely Bids will be returned to the Respondent unopened. Bids will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, or other material irregularities. The District may consider incomplete any Bid not prepared and submitted in accordance with the provisions specified herein, and reserves the right to waive any minor deviations or irregularities in an otherwise valid Bid.

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

14. WITHDRAWAL OF BIDS

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

15. AWARDING THE AGREEMENT

a. The Agreement will be awarded to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid Cost who demonstrates, in accordance with the requirements of the bid documents, a verifiable history of the skill, ability, integrity, and

- 12 -reliability necessary for the faithful performance of the Agreement (the “Successful Respondent”). The Agreement may be modified based on the District’s acceptance of any alternatives listed in the bid that the District deems in its best interest.

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

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

c. Pursuant to §286.0113 Fla. Stat., if the District rejects all bids and concurrently provides notice of its intent to reissue the competitive solicitation, any recordings or records presented at any exempt meeting relating to the solicitation shall remain exempt from §119.07(1) and §24(a), Art.

I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all bids.

d. If two or more bids are equal in all respects, the Agreement will be awarded as follows: (1) to the Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form; (2) to a Respondent university in the State University System pursuant to §373.63, Fla.

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

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

f. All Respondents will be notified of the District's intent to award or decision to award the Agreement. For the purpose of filing a bid protest under §120.57(3), Fla. Stat., the time period will commence as provided in “NOTICES AND SERVICES THEREOF.”

16. EXECUTION OF AGREEMENT

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

The District anticipates that federal funds will be used to fund all of a portion of the Agreement. Federal requirements applicable to the Successful Respondent are attached to the Agreement as Attachment D.

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

a. A performance and payment bond

b. A completed Internal Revenue Service Form W-9

c. Satisfactory evidence of all required insurance coverage

d. Proof satisfactory to the District of the authority of the person or persons executing the

Agreement on behalf of Respondent

e. All other information and documentation required by the Agreement

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

Failure upon the part of the Successful Respondent to execute the Agreement or timely submit the required evidence of insurance coverage, or any other matter required by the Agreement, will be just cause, if the District so elects, for the recommended award to be annulled. In such event, the District will be entitled to the full amount of the guaranty, not as a penalty, but in liquidation of and compensation for damages sustained.

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

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

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

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

18. DIVERSITY

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

19. FLORIDA SALES TAX

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

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

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

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21. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES

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

22. NOTICES AND SERVICES THEREOF

The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on Onvia DemandStar at DemandStar.com and Vendor Registry at vendorregistry.com. Onvia DemandStar and Vendor Registry may also be accessed through the District’s web site at sjrwmd.com. In addition, the District will post notices of intended agency decisions at the District’s headquarters, 4049 Reid Street, Palatka, Florida, Administration Building, Procurement Bulletin Board, on the date the publication is posted on Onvia DemandStar.

Notices will be posted for a minimum of 72 hours. The time period for filing a Notice of Protest pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, commences at the time notices are posted.

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

23. PROTEST PROCEDURES

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

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

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

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

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

Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept as filed any electronically transmitted facsimile pleadings, petitions, Notice of Protest, or other documents.

The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is

- 15 -available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

Failure to file a protest within the time prescribed in §120.57(3), Fla. Stat., or failure to post the bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under chapter 120, Fla. Stat. Mediation under §120.573, Fla. Stat., is not available.

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FORMS

BID FORM

Include this form in the response

RESPONDENT:

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

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

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

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

Acknowledgment…