Instructions to Bidders BDC37-24-25.pdf

DEP Bid No. BDC37-24/25, Page 1

Dock & Pavilion

Replacement

Indian Key Historic

State Park

INSTRUCTIONS TO BIDDERS

DEP PROJECT NO. 6i506C

DEP BID NO. BDC37-24/25

DEP Bid No. BDC37-24/25, Page 2

Table of Contents

SECTION A: BID FORM AND REQUIRED DOCUMENT LIST

SECTION B: SPECIAL CONDITIONS

SECTION C - INSTRUCTIONS TO BIDDERS

C-1 Bid Terminology…

C-2 Bidder's Qualification Requirements and Procedures

C-3 Familiarity with Law

C-4 Bidder’s Representations and Certifications

C-5 Litigation, Administrative Proceeding, or Alternate Dispute Resolution

C-6 Misrepresentations

C-7 Termination for Cause

C-8 Compliance with Federal, State and Local Laws

C-9 Americans with Disabilities

C-10 Special Requirements

C-11 Taxes

C-12 Alternates

C-13 Addenda

C-14 Interpretation of Bidding Documents

C-15 Examination of Bidding Documents and Project Site

C-16 Basis for Bidding - Trade Names

C-17 Preparation and Submission of Bids

C-18 Submission of All Questions

C-19 Bid Modification

C-20 Withdrawal of Bids

C-21 Rejection of Bidders

C-22 Receipt and Opening of Bids

C-23 Disqualification of Bids

C-24 Rejection of Bids

C-25 Posting of Bid Tabulation and Bid Protest

C-26 Award of Bid

C-27 Utility Connections; Permits; Notice to Proceed; Substantial and Final Completion; and Liquidated Damages

C-28 LEED Costs (If Applicable)

DEP Bid No. BDC37-24/25, Page 3

C-29 Contractor’s Insurance

C-30 Vendor Registration

C-31 Payment by Direct Deposit

C-32 Florida Products and Labor

SECTION D: Contractor Experience Questionnaire and Financial Information

SECTION E: SAMPLE AGREEMENT

SECTION F: GENERAL CONDITIONS

Article 1. Definitions

Article 2. The Parties

Article 3. The Property

Article 4. The Work

Article 5. The Contract

Article 6. Term of the Contract

Article 7. The Contract Price

Article 8. Performance and Payment Bonds

Article 9. Insurance

Article 10. Taxes

Article 11. EEO Compliance

Article 12. Royalties, Patents, Trademarks, and Copyrights

Article 13. Surveys, Permits, Regulations, and Fees

Article 14. Indemnification, Assignment, Subcontracting, and Apportioning of the

Article 15. Guaranty

Article 16. Laws Governing Construction

Article 17. Suspension of the Work

Article 18. Accident Prevention

Article 19. Fire Protection and Precautions

Article 20. Emergencies

Article 21. Job Site Personnel

Article 22. Construction Meetings

Article 23. Progress Schedule

Article 24. Shop Drawings, Product Data, and Samples (Submittals)

Article 25. Materials and Workmanship

Article 26. Liquidated Damages

Article 27. Extra Work and Changes in the Work

Article 28. Claims for Extra Compensation

DEP Bid No. BDC37-24/25, Page 4

Article 29. Delay and Claims for Extension of the Contract Term

Article 30. Inspection and Testing

Article 31. Faulty Work

Article 32. Cutting and Patching of Work; Damage and Patching

Article 33. Substantial Completion and Punch List

Article 34. Cleaning

Article 35. Operation and Maintenance Manuals

Article 36. Record Photos

Article 37. Record Drawings

Article 38. Final Payment and Forms Required

Article 39. Mediation of Contract Claims and Disputes

Article 40. Prohibited Materials

Article 41. Historic Preservation, Archaeological Monitoring

Article 42. Reference to A.S.T.M. or Federal Specifications

Article 43. Anti Human Trafficking

EXHIBIT A: Certificate for Payment (Construction)

EXHIBIT B: Payment Schedule of Values

EXHIBIT C: Schedule of Values

EXHIBIT D: Construction Change Order Form

EXHIBIT E: Change Directive

EXHIBIT F: Certificate of Substantial Completion

EXHIBIT G: Contractor’s Affidavit of Contract Completion

EXHIBIT H: Minority Participation Report

EXHIBIT I: Amendment Form

EXHIBIT J: Bonds

EXHIBIT K: Forced Labor Attestation Form

EXHIBIT L: Project Sign

EXHIBIT M: Non-Payment Procedures Notice

DEP Bid No. BDC37-24/25, Page 5

SECTION A: BID FORM AND REQUIRED DOCUMENT LIST

DEP Bid No. BDC37-24/25, Page 6

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BID No. BDC37-24/25

Submit one original, one copy

FROM:

Company Name

Address

City, State and Zip Code

Telephone Number

TO: Logan Lee-Marple, Contracts Section Bureau of Design and Construction Department of Environmental Protection 3800 Commonwealth Blvd., MS #520 Tallahassee, Florida 32399-3000

The undersigned, hereinafter called "Bidder," having familiarized himself with the local conditions, nature and extent of the Work and having examined carefully the Drawings, Technical Specifications, the Agreement, the General Conditions, the Special Conditions, the Bidding Documents, and all parts of the Contract as outlined in Article 5.02, General Conditions, proposes to furnish all labor, materials, equipment and other items, facilities, and services for the proper execution and completion of Dock & Pavilion Replacement in Indian Key Historic State Park in Monroe County in full accordance with all of the foregoing documents included in the Contract, as enumerated in Article 5.02, General Conditions, and, if awarded the Contract, to complete said Work within the time limits specified for the following Contract Price.

YOUR BID WILL BE REJECTED IF YOU ADD ANY CONDITIONS TO OR IMPOSE

ANY CONDITIONS ON THE BID.

Base Bid: Lump Sum: $

Contractor shall provide all labor, materials, equipment, supervision and permitting for the Indian Key State Park Dock per the contract documents.

Write out Base Bid Lump Sum amount:

DEP Bid No. BDC37-24/25, Page 7

Alternate #1: Alternate #1: $

Not applicable

Write out Alternate Bid #1 amount:

Alternate #2: Alternate #2: $

Not Applicable

Write out Alternate Bid #2 amount:

If a bid contains contradictory terms, typewritten terms will prevail over printed terms, handwritten terms will prevail over both, and words will prevail over numbers. In case of conflict between the calculated total price (Unit Rate times Quantity) and the total submitted amount, DEP will consider the unit price to be correct and will revise the extended total amount accordingly.

THE FOLLOWING FORMS OR DOCUMENTS SHALL BE

COMPLETELY FILLED OUT AND SUBMITTED WITH THIS BID

FORM. THE BID WILL BE REJECTED FOR FAILURE TO INCLUDE

ALL THESE FORMS OR DOCUMENTS IF MATERIAL TO THE BID

AND NOT A NON-MATERIAL DEVIATION.

CHECKLIST:

□ 1. Signed Bid Form. (Section A) - One original, one copy

□ 2. Bid Guaranty in the amount of 5% of the Bid including Alternates if the total equals or exceeds $100,000.00 (this can be in the form of a bid bond or a cashier’s check).

□ 3. Signed copies of all Addenda - Failure to sign and return all Addenda to the Contract administrator will result in rejection of the Bid if it materially affects the Bid and is not a Non-material Bid Deviation.

□ 4. Three (3) references on Evaluation Form, one per sheet (following the bid form).

Please verify your references’ information prior to bid submission.

□ 5. Read and understand all insurance requirements for this project, including Builder’s Risk and, if applicable, Longshoreman & Harbormaster’s/Jones Act Insurance.

□ 6. Form DBC 5085 - Experience Questionnaire and Contractor's Financial Statement.

(Section D) Include only if bid plus all alternates total equals or exceeds $200,000.00.

□ 7. Statement of which portion of the Work will be performed by Contractor’s Employees, if bid equals or exceeds $500,000.00.

□ 8. Names, titles, companies, addresses, and phone numbers of all Supervisory employees if bid equals or exceeds $500,000.00.

DEP Bid No. BDC37-24/25, Page 8

NOTE: Prequalification to submit a bid in accordance with section B-2 is required prior to the bid opening date.

The Bidder hereby agrees that:

(a) The above bid shall remain in full force and effect for a period of sixty (60) calendar days after the time of the bid opening and that the Bidder will not revoke or cancel this bid or withdraw from the competition within the said sixty (60) calendar days.

(b) The Bidder has reviewed the Bidder’s Representations and Certifications in Section B-4, has provided explanations where applicable, and understands that submission of a Bid without providing explanations constitutes the Bidder’s certification that all of the statements contained in Section B-4 are true and correct to the best of Bidder’s knowledge and belief.

(c) In the event the project is awarded to this Bidder, it will enter into a formal written agreement with the Department in accordance with the accepted bid within ten (10) calendar days after said Agreement is submitted to it and it will furnish to the Department a Performance Bond and a Labor and Materials Payment Bond with good and sufficient sureties, satisfactory to the conditions of the Contract and terms of which shall fully comply with section 255.05, Florida Statutes (F.S.) The Bidder further agrees that in the event of the Bidder's default or breach of any of the requirements of this proposal, the Bid Guaranty shall be forfeited as liquidated damages.

NOTE: Bidder shall be in compliance with chapter 489, F.S., and/or all other Licensure Requirements and the Rules promulgated by the Department of Business and Professional Regulation. Bidder holds the following described license:

(Name of Holder) (Certificate No.)

In witness whereof, the Bidder has hereunto set its signature this day of 20 .

By:

*This individual must have the authority to bind the Bidder.

Print Name and Title:

Print Name of Firm:

Address:

Contact Person: Telephone #:

FEID #: Email:

DEP Bid No. BDC37-24/25, Page 9

Continuous Years in Operation: Fiscal Year Ending Date:

Please list all Associated Business Entities, the definition of which can be found in Instructions to Bidders Section B-1, in the space provided below:

DEP Bid No. BDC37-24/25, Page 10

EVALUATION OF PAST PERFORMANCE –

ENCLOSE THREE (3) REFERENCES WITH THE BID

(Please type or clearly print below)

To be completed by the Bidder:

Bidder or Associated Business Entity’s Name:

Company Representative:

Bidder's Phone Number:

REFERENCE:

Reference Organization Name:

Reference Contact:

Reference Phone Number:

Reference Email Address:

Briefly describe the work performed for the above Reference:

The following questions will be asked of the client reference as chosen at the discretion of the Department.

1. How well did the contractor adhere to the agreed upon schedule?

Excellent Above Satisfactory Satisfactory Fair Poor

Comments:

2. How would you rate the contractor’s overall quality of work?

3. How would you rate the contractor’s use of adequate personnel in quantity, experience and professionalism?

4. How would you rate the contractor’s use of appropriate equipment and methods?

Comments:

SCORING:

Excellent Above Satisfactory Satisfactory

4 points 3 points 2 points

Fair Poor

1 point 0 points

Reference Signature: Date:

Total Score =

Average (Total Score/4) =

DEP Bid No. BDC37-24/25, Page 11

ENCLOSE THREE (3) REFERENCES WITH THE BID

(Please type or clearly print below)

To be completed by the Bidder:

Bidder or Associated Business Entity’s Name:

Company Representative:

Bidder's Phone Number:

REFERENCE:

Reference Organization Name:

Reference Contact:

Reference Phone Number:

Comments:

SCORING:

Excellent Above Satisfactory

4 points

Satisfactory = 2 points

Poor

DEP Bid No. BDC37-24/25, Page 12

ENCLOSE THREE (3) REFERENCES WITH THE BID

(Please type or clearly print below)

To be completed by the Bidder:

Bidder or Associated Business Entity’s Name:

Company Representative:

Bidder's Phone Number:

REFERENCE:

Reference Organization Name:

Reference Contact:

Reference Phone Number:

Comments:

SCORING:

Excellent Above Satisfactory

4 points

Satisfactory = 2 points

Poor

DEP Bid No. BDC37-24/25, Page 13

SECTION B: SPECIAL CONDITIONS

DEP Bid No. BDC37-24/25, Page 14

The Special Conditions shall prevail over General Conditions in the Bidding Documents.

Special Conditions

• The Department’s estimate for this project is $1,500,000.00. This number is strictly an estimate, each Bidder’s bid price should be based on their firm’s assessment of the project.

• Bidder must submit as part of their bid a preliminary Schedule of Values for review evaluation purposes using the format below. Final Schedule of Values will be negotiated after contract execution. Upon acceptance, the Final Schedule of Values will be used as a basis of payment.

• BID SUBMITTAL DUE DATE: No later than 3:30 pm (ET), Thursday, March 18th, 2025, to the below address: Florida Department of Environmental Protection, Bureau of Design and Construction, 3800 Commonwealth Blvd., Tallahassee, Florida, 32399-3000, Attention:

Logan Lee-Marple, Bureau of Design and Construction, 850-245-2519. (For hand delivery: Carr Building, Welcome Desk.) The Department reserves the right to reject any or all bids.

• BID POSTING DATE: No later than 3:30 pm (ET), Thursday, March 25th, 2025, unless extended by the Department for good cause.

• SPECIAL CONDITIONS:

• 1) Contractor to work with the FDEP provided Biologist for coral relocation.

• 2) Contractor is responsible for the Queen Conch monitoring as required by the USACE

Permit.

DEP Bid No. BDC37-24/25, Page 15

Preliminary Schedule of Values

DEP Bid No.:

Bidder:

Project:

DIVISION 1- GENERAL CONDITIONS

DIVISION 2 - SITEWORK $ -

DIVISION 3 - CONCRETE $ -

DIVISION 4 - MASONRY $ -

DIVISION 5 - METALS $ -

DIVISION 6 - WOODS & PLASTICS $ -

DIVISION 7 - THERMAL & MOISTURE

PROTECTION $ -

DIVISION 8 - DOORS & WINDOWS $ -

DIVISION 9 - FINISHES $ -

DIVISION 10 - SPECIALTIES $ -

DIVISION 11 - EQUIPMENT $ -

DIVISION 12 - FURNISHINGS $ -

DIVISION 13 - SPECIAL CONSTRUCTION $ -

DIVISION 14 - CONVEYING SYSTEMS $ -

DIVISION 15 - MECHANICAL $ -

DIVISION 16 - ELECTRICAL $ -

TOTAL $ -

Bidder’s Signature: Date:

Name:

Title:

DEP Bid No. BDC37-24/25, Page 16

SECTION C - INSTRUCTIONS TO BIDDERS

This Invitation to Bid consists of Instructions to Bidders; Section A (Bid Form), Section B (Special Conditions), Section (Instructions to Bidders), Section D (Experience Questionnaire and Contractor’s Financial Statement), Section E (Sample Agreement), Section F (General Conditions) if applicable, Drawings, and Specifications.

Additional definitions are found in Article I, General Conditions, Chapter 255, Florida Statutes (“F.S.”) and Chapter 60D-5, Florida Administrative Code (“F.A.C.”). Once a contract has been awarded, only the Bidding Documents named in Article 5.02, General Conditions, will be incorporated into the Contract.

C-1 Bid Terminology

Definitions.

The definitions found in rule 60D-5.002, Fla. Admin. Code, shall apply to this solicitation, and when not defined in said rule, shall have the meanings provided in Chapter 255, Florida Statutes. The foregoing notwithstanding, the definitions for terms (or pronouns that replace these terms) and phrases below shall apply unless specifically indicated otherwise:

Agreement: See Article I, General Conditions.

Alternate Bid Item: A separate optional bid item for more or less project requirements or alternate construction techniques or materials, which the Department may or may not accept as additional to the Base Bid, depending on available funding. Not included in the Base Bid.

Allowances: An amount included in the contract price to cover the cost of prescribed items not specified in detail, with the condition that variations between such amount and the final determined cost of the prescribed items will be reflected in Change Orders appropriately adjusting the contract price.

Associated Business Entity: A Business Entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the Bidder; including, but not limited to, the following:

1. A business entity 20 percent or more of whose outstanding voting securities, membership interests or partnership interests are directly or indirectly owned, controlled, or held with power to vote, by the Bidder.

2. A business entity which directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of whose outstanding voting securities, membership interests or partnership interests are directly or indirectly owned, controlled, or held with power to vote, by the Bidder.

Base Bid: The Bid amount exclusive of any Alternate Bid Item amounts

Bid: The offer or proposal of the Bidder on the Bid Form, stating the price for performing the Work submitted to the Department in accordance with the Instructions to Bidders. The Bid includes the cost of Alternates, if applicable.

Bid Form: The official form on which the Department requires Bids be submitted, a copy of which is found in Section A.

Bid Guaranty: The five percent good faith deposit required by Chapter 255, Florida Statutes, to place a bid for a Project over $100,000, the form of which is specified by section 60D-5.004, Florida Administrative Code.

Bid Opening: The date and time the Department has specified in its public notice that it will open the Bids.

DEP Bid No. BDC37-24/25, Page 17

Bidder: Any person or Business Entity that submits a Bid for the Work in accordance with the Instructions to Bidders.

Bidding Documents: The Bidding Documents consist of the Instructions to Bidders, the Drawings, the Specifications, the Sample Agreement, the General Conditions, and the Special Conditions, if any, promulgated for purposes of the Invitation to Bid; and all relevant portions of Chapter 255, F.S., and Chapter 60D-5, F.A.C. Only those Bidding Documents named in Article 5.02 of the General Conditions will become part of the Contract.

Business Entity: This term includes firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, companies, fiduciaries, corporations, and all other groups or combinations.

Certificate for Payment: See Article I, General Conditions.

Change Order: See Article I, General Conditions.

Consultant: See Article I, General Conditions.

Contract Documents: See Article I, General Conditions.

Contracts Specialist: Person employed by the Department of Environmental Protection who performs ministerial tasks related to contract administration, which may include bidding; contract review, approvals, and execution;

verifying proof of insurance; approving bonds; preparing amendments; and receiving notices. (Generally, not the same person as the Project Manager--see definition below.)

Contract Term: See Article I, General Conditions.

Contractor: See Article I, General Conditions.

Contractor’s Employee: An individual employed directly by the Contractor and on its direct payroll at the time of the Bid Opening.

Control: The ability, directly or indirectly, to direct the management or policies of an entity, whether through ownership of securities, by contract, or otherwise, including through common officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of an entity.

Convicted Vendor: Person found guilty of a Public Entity Crime, as specified in Chapter 287, Florida Statutes.

Day: See Article I, General Conditions.

Department: See Article I, General Conditions.

Drawings: See Article I, General Conditions.

Final Completion: See Article I, General Conditions.

Material Bid Deviation: A variation from the invitation to bid terms and conditions which affects the price of the bid or gives the bidder an advantage or benefit not enjoyed by other bidders, or adversely impacts the interests of the Agency.

DEP Bid No. BDC37-24/25, Page 18

Pay Request: See Article I, General Conditions.

Performance and Payment Bonds: The security furnished by the Contractor and its surety as a guarantee that the Contractor will fulfill the terms of the Agreement in accordance with the Drawings, Specifications and other Contract Documents.

Person: This shall include any individual, partnership, legal association, joint venture, corporation, estate, receiver, trustee, assignee, Bidder, Contractor, referee, government of any level including the federal government, and other legal entity, whether appointed by a court or otherwise constituted, and any lawful combination of the foregoing parties.

Principal: When used in the Bid Bond, the word "Principal" means the same as the word "Bidder." When used in the Performance and Payment Bonds, the word "Principal" means the same as the word "Contractor."

Procurement Officer: The Department’s contracting personnel, as identified in the solicitation.

Project: See Article I, General Conditions.

Project / Contract Manager: Person employed by the Department designated in the Agreement to be the contact point and liaison with the Contractor in all matters related to the Work and the Contract, unless otherwise specified in the Contract. This person handles on-site daily tasks such as keeping a copy of the Contract, Drawings, Technical Specifications, and changes thereto at the site; collecting documents such as trip tickets; making routine reports;

ensuring daily compliance with federal, state, and local requirements; posting documents on the Project Board; and handling claims. Other specific duties are stated in the Contract Documents. The Contract Manager for this Contract is named in Section 11 of the Agreement.

Provide: See Article I, General Conditions.

Public Entity Crime: A violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

Respondent: The entity that submits materials to the Department in accordance with the instructions provided in the solicitation, as well as the entity that is ultimately selected by the Department to provide the commodities, construction, or services contemplated by the contract. This term may also mean the “Bidder.”

Response: The materials submitted by the Bidder in accordance with the instructions provided in the solicitation.

This term may also mean the “Bid.”

Specifications: See Article I, General Conditions.

State: State of Florida.

Subcontractor: See Article I, General Conditions.

Substantial Completion: See Article I, General Conditions.

DEP Bid No. BDC37-24/25, Page 19

Superintendent: See Article I, General Conditions.

Surety: The corporate body which is bound by a Bid Bond, if any, and the Performance and Labor and Material Payment Bonds with and for the Contractor (who is primarily liable) and which agrees to be responsible for acceptable performance of the Work and for prompt payment of all debts pertaining thereto.

Unit Price: An amount stated in the Contract as a price per unit of measurement for materials or services as described in the Contract Documents.

Work: See Article I, General Conditions.

C-2 Bidder's Qualification Requirements and Procedures

NOTICE TO BIDDERS: For the bidding procedure only, for this Project, please submit all required or requested items and your Bid to:

Logan Lee-Marple, Contracts Section Department of Environmental Protection Division of Recreation and Parks Bureau of Design and Construction 3800 Commonwealth Blvd., MS #520 Tallahassee, FL 32399-3000

Contact information only (no bids):

Phone: 850-245-2519 E-mail:

logan.leemarple@floridaDEP.

gov

NOTICE TO BIDDERS: All forms used in conjunction with the bid or the Contract are subject to change, in accordance with Department requirements. The forms included herein are representative of the forms that will be used. The Project Manager will advise the Contractor of all form updates or additions during the Contract Term. Further, the blocks or portions of a form marked or delineated “For Department Use Only,” “For Office Use,” or some similar designation are not part of the Contract.

Bidder prequalification requirements and procedures are established by the Bidding Documents in accordance with Chapter 255, Florida Statutes (“F.S.”), and Chapter 60D-5, Florida Administrative Code (“F.A.C.”). Failure of the Bidder to comply strictly with all such requirements and procedures will result in the rejection of its bid. For the Bidder's convenience, the provisions of qualification requirements and procedures of the statute and the rule cited above are explained below. If anything stated in this document conflicts with Chapter 255, F.S. (statute), or Chapter 60D-5, F.A.C. (rule), the statute will prevail over the rule and this document, and the rule shall prevail over this document.

(1) Bidder Prequalification is required for all bids: Each bidder shall provide a copy of its biennial prequalification letter from FDEP’s Bureau of Design and Construction. If not prequalified, the bidder must submit the following items with its bid:

A. Current State Contractor license certification or registration.

A copy of each license, certification or registration needed to perform the Work shall be submitted with your bid. If the Work is not governed by chapter 399, 455, 489, or 633, F.S., this item is not required. If there is any dispute about whether the Work is governed by one of these chapters, the Bidder must present proof from mailto:logan.leemarple@floridaDEP.gov

DEP Bid No. BDC37-24/25, Page 20 the Department of Business and Professional Regulation, or the appropriate licensing board, that such license, certification or registration is not required to perform the Work.

AND

B. Current Corporate Charter registration.

If the Bidder is a corporation, partnership, limited partnership, limited liability company, or joint venture, it must submit evidence that the entity is properly registered with the State of Florida, Department of State, Division of Corporations, and holds a current corporation charter number, is active and is in good standing, in accordance with Florida Statutes. The out-of-state (foreign) corporations and fictitious names must be registered to do business in the State of Florida prior to Bid Opening, or they will be non-responsive.

Each state agency is responsible for prequalification of its prospective Bidders. Prequalification with any other agency does not prequalify a firm with the Department of Environmental Protection.

Bids will be accepted only from those firms that have met the prequalification criteria. Firms that have not met the above-stated prequalification criteria within the time limits set forth above shall be non-responsive by the Department, and the notice of intended award of contract posted shall state "non-responsive–not prequalified."

The Bidder shall submit the prequalification criteria to the Contracts Administrator, at the address shown in B-2, above. All information shall indicate the full name, address and telephone number of the individual, corporation, or other legal entity, and the name of the person to contract for inquiries about the information provided. No phone calls regarding prequalification will be taken. If you do not have your letter from the Department stating you are prequalified or you have any doubt as to whether you are prequalified, you should resubmit the information required above.

(2) Bidder Qualifications for all Bidders:

All Bidders who have prequalified, if required, must satisfy the following requirements to be eligible to enter into an Agreement with the Department for this Project:

Bids exceeding $100,000

A. For all Bids exceeding $100,000 Bidders shall submit a good faith deposit (Bid Guaranty) with the Bid in the amount of five percent (5%) of the bid by a Bid Bond (or other guarantee) from a Surety, which meets the requirements of section 287.0935, F.S. Bidder shall provide upon request written proof from the Surety and/or the Department of Financial Services of the State of Florida that it meets all of the statutory requirements. The Department does not require the bond to be on any particular form as long as the information complies with the Statute. Bidders can also submit a certified check, cashier’s check, treasurer’s check or bank draft of any national or state bank. No personal checks will be accepted.

1. Bidders shall, with the Bid, or within two working days of being notified that they are the low, responsive, qualified Bidder, provide evidence of their ability to provide 100% performance and payment bonds for the project by providing a letter of intent to provide such bonds in accordance with these Instructions to Bidders.

2. All Bidders are responsible to notify their Surety of all of the requirements for bid, performance and payment bonds in these Instructions to Bidders.

3. A Bid Bond must be signed by a Florida licensed Agent who holds a current Power of Attorney from the Surety Company issuing the Bond. The Bid Guaranty is to be made payable to the Department of Environmental Protection.

DEP Bid No. BDC37-24/25, Page 21

4. Such Bid Guaranty shall be submitted with the understanding that it shall guarantee that the Bidder (i) will not withdraw its bid for a period of sixty (60) days after the Bid Opening; (ii) if its Bid is accepted, it will enter into a written Contract with the Department substantially similar to the Sample Agreement;

(iii) it will give the required Performance Bond and Labor and Materials Payment Bond, which conform to these Instructions to Bidders; (iv) it will maintain said Bonds throughout the life of the Contract; and

(v) in the event of the withdrawal of said bonds within the sixty-day period, or Bidder’s failure to enter into said Agreement and give said bonds in accordance with Article 8, General Conditions, the Bidder shall forfeit the full amount of the Bid Guaranty as compensation for such default in lieu of the Department’s damages, which cannot be determined with any degree of certainty.

5. If the required Agreement and Bonds have not been executed within sixty (60) days after the Bid

Opening due to the Department’s or contract awardee’s delays, the Bid Guaranty of any other Bidder will be returned upon its request, provided it has not been notified of the acceptance of its Bid prior to the date of such request.

6. Failure to submit a Bid Guaranty for a Bid over $100,000 is a Material Bid Deviation, and the

Bidder shall be disqualified.

Bids exceeding $200,000

B. If the total Bid exceeds $200,000, in addition to the good faith deposit required by A., above, the Bidder must complete and submit with the Bid the enclosed form entitled, "Experience Questionnaire and Contractor's Financial Statement", Form Number DBC-5085, Section D. The completed Form DBC-5085 must be enclosed with the Bid Form despite the statement in the form itself that it must be sent in "prior to the award." The Bidder's financial statement must demonstrate that adequate fixed and liquid assets and equipment are available to properly perform this project as follows: The value of liquid assets must be no less than one-twentieth of the amount of the Base Bid. Liquid assets shall include cash, stocks, bonds, pre-paid expenses and receivables, but shall not include the value of equipment. The Bidder may substitute a financial statement less than one year old in lieu of the Financial Statement portion of Form DBC-5085, but it must still complete the Experience portions of the Form.

Bids exceeding $500,000

For bids exceeding $500,000, in addition to the requirements of A and B, above, the Bidder shall meet all of the following criteria:

C. For bids exceeding $500,000 the surety that will provide the Performance Bond and Labor and Materials Payment Bond shall have and maintain at least an "A-" rating in A.M. Best Company’s online rating guide.

Reinsurance company ratings are not applicable and will not be considered as meeting this requirement.

D. Familiarity with local conditions. By executing the Bid Form, the Bidder acknowledges that it is familiar with local conditions at the Project Site and has considered them in preparing the Bid.

E. Work force. The Bidder shall provide with the Bid an agreement to perform no less than fifteen percent (15%) of the project management and construction work utilizing Contractor’s Employees. (See definition of "Contractor's Employee" in Section B-1, above.) The Bidder must indicate in its Bid for which portion of the Work it will utilize its own employees.

F. Firm experience. Bidder must provide proof, in its Experience Questionnaire, or attached to that form, that it has successfully completed no less than three (3) projects of similar size and complexity within the three (3) years prior to Bid Opening.

DEP Bid No. BDC37-24/25, Page 22

G. Superintendent. Prior to preconstruction meeting, the Bidder must name a Superintendent or other representative, to provide on-site supervision for each of the general, concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing trades, either through the use of Contractor’s Employees, or in the instance of mechanical, plumbing, electrical and roofing trades, through the use of employees of the Subcontractor.

In addition, the contractor shall assign and name a qualified employee to provide scheduling for the entire project.

Supervisory employees (including field superintendents, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years preceding Bid Opening. To that end, the contractor shall include a resume of experience for each of those employees identified by it to supervise each trade, and for scheduling, with its submittal of the Contractor Experience Questionnaire and Financial Information, DMS Form CM01 (Section C). The Contractor shall not allow any changes in the persons designated in its Bid as required in this section without prior written approval of the Department.

All Projects

H. For Projects that require a contractor with specific expertise and experience, the Department shall state additional qualification requirements relating to demonstrated performance of similar work, size, and complexity and the possession or availability of facilities or equipment needed for performance of this Project. Such conditions may include a deadline date for submittal of additional qualification data. Additional qualification requirements for this Project may be included in Special Conditions.

I. The Bidder shall submit the following with its Bid:

1. In the spaces provided on the attached Section D, Bid Form, the Bidder shall provide the required information to include the Bidder’s name, address, telephone number and continuous years in operation.

2. Provide a minimum of three (3) separate and verifiable clients, other than the DEP, for work similar in nature and scope to that specified in this solicitation performed the last three (3) years. The same client may not be listed for more than one (1) reference (for example, if the bidder has completed one project for the Florida Department of Transportation – District One and one project for the Florida Department of Transportation – District Two, only one (1) of the projects may be listed because the client, the Florida Department of Transportation, is the same). These references should be available to be contacted during normal working hours. The DEP will attempt to contact each selected reference by email up to two times and phone up to two (2) times. In the event that the contact person cannot be reached following the specific number of communication attempts, the respondent shall receive a score of zero (0) for that reference evaluation. The DEP will not attempt to correct incorrectly supplied information. References shall be listed on the Client References Form, Pages 1-3 of Attachment D, attached hereto. Do not list work performed for the DEP.

3. A list of all names under which the Bidder and its Associated Business Entities have operated during the past eight (8) years (including those of predecessors through merger) and list any contracts which the Bidder or any of its Associated Business Entities have been a party to with the Department within the last eight (8) years, where either the Bidder or its Associated Business Entity was the prime contractor.

In addition to the information provided, the Department may review its records to verify listed contracts, and identify and unlisted contracts, if applicable, that the Bidder or any Associated Business Entity was a party to with the Department during the previous eight (8) years. The Department will contact, at its discretion, one of the Department Contract Managers for a contract with the Bidder or Associated Business Entity in order to complete the evaluation questionnaire provided in Section D, Evaluation of Past Performance. This same evaluation questionnaire will be filled out by the Department’s Project Manager at the end of the contracted work and saved as a reference for future bids.

DEP Bid No. BDC37-24/25, Page 23

Failure to provide any of the information requested in this section may result in the Bid being deemed non-responsive by the Department and, therefore, rejected.

J. Any other provisions the Department sets forth in the Bidding Documents.

Bids over $35,000

K. 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 section 287.017, for CATEGORY TWO [$35,000] for a period of 36 months from the date of being placed on the convicted vendor list." The Contractor must sign a document stating it is not on the convicted vendor list, and that it agrees to ensure that its subcontractors and suppliers are not on the convicted vendor list maintained by the Department of Management Services on its Vendor Information Portal.

C-3 Familiarity with Law The Bidder is required to be familiar with all federal, state and local laws, ordinances, rules, regulations, and codes that in any manner affect the Work. Ignorance of the law on the part of the Contractor will in no way relieve it from responsibility of adhering to the law.

C-4 Bidder’s Representations and Certifications

In submitting a response, each Bidder understands, confirms, and certifies that it has read each of the following statements, that the response to each statement is true and correct to the best of its knowledge and belief, and that it understands and acknowledges that the Department will rely on the accuracy of each statement in the award of any contract under the solicitation. If Bidder cannot so certify, it shall submit with its response a written explanation of the facts and circumstances which prevent it from doing so:

A. Neither Bidder nor any Associated Business Entity (or their respective employees) is currently under suspension or debarment by the State, any agency of the State, the United States or any agency thereof, or of any other governmental authority.

B. Neither the Bidder nor any Associated Business Entity (or their respective employees) is currently under investigation by any governmental authority or has, in the last ten (10) years, been convicted or found liable for any act prohibited by law in any jurisdiction that involves conspiracy or collusion with respect to the submission of a Bid on any public contract.

C. Neither the Bidder nor any Associated Business Entity (or their respective employees) is delinquent and or alleged to be delinquent in any financial contractual obligation, including any permit obligations to the Department or any Water Management District, including any pending litigation with or any claim by the Department or any Water Management District for penalties, damages, reimbursable costs, liquidated damages, violation of permit or breach of contract.

D. Bidder’s submission of materials in response to the solicitation is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

DEP Bid No. BDC37-24/25, Page 24

E. The prices and amounts submitted by Bidder have been determined independently and without consultation, communication, or agreement with any other bidder or potential bidder, and none of the prices or amounts – actual or approximate – have been disclosed to any bidder or potential bidder and will not be so disclosed before the solicitation opening.

F. The Bidder has fully informed the Department, in writing, of all convictions of Bidder, its Associated

Business Entities, affiliates (as the term affiliates is defined in section 287.133(1) (a), F. S.), successors, assigns, and their respective employees (both current and former or while in the employ of another company) for violation of any state or federal antitrust or other law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public entity contract.

G. Neither Bidder nor Associated Business Entity, nor any person associated with the same in the capacity of officer, director, member, partner, employee, investigator, project director, manager, auditor or other position involved in the administration of federal or state funds:

1. Has, within the preceding three (3) years been convicted of or had a civil judgment rendered against it or is presently indicted for or otherwise criminally or civilly charged with commission of fraud or a criminal offence in connection with obtaining or attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

2. Has, within a three (3) year period preceding this certification, had one or more federal, state, or local government contracts terminated for cause or default.

H. The Work offered by the Bidder will conform to the specifications without exception.

I. The Bidder has read and understands the contract terms and conditions, and this submission is made in conformance with those terms and conditions.

J. If an award is made to Bidder, it agrees that it will be legally bound to the contract that is formed with the State.

K. The Bidder has reviewed its records and made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting its Response and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in its Response.

L. The Bidder agrees to indemnify and hold Department harmless against any cost, damage, or expense, which

Department may incur or which may be caused by any error, omission, or misstatement in Bidder’s Bid preparation.

C-5 Litigation, Administrative Proceeding, or Alternate Dispute Resolution

Each Bidder submitting a response understands, confirms, and certifies that the Bidder and Associated Business Entity are not currently a party to any litigation, administrative proceeding, or alternative dispute resolution that is adverse to the Department regarding interpretation of the terms of the Department’s Agreement for Construction

DEP Bid No. BDC37-24/25, Page 25

Contract and incorporated General Conditions. Bidders that are a party to such litigation, administrative proceeding, or alternative dispute resolution will be deemed to have a conflict of interest with the Department and, therefore, not responsive. Further, the Department will not enter a contract for construction with any party who subsequently enters into any litigation, administrative proceeding, or alternative dispute resolution that is adverse to the Department, until such adverse relationship is resolved either by agreement or by final non-appealable order of a court.

C-6 Misrepresentations

All information submitted and representations made by Bidder are material and important and will be relied upon by the Department in awarding the contract. Any misstatement or omission (a “Misrepresentation”) shall be treated as a fraudulent concealment of the true facts relating to submission of the solicitation. A misrepresentation shall be a basis for the Department to disqualify the Bidder from participating in this solicitation, and any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Bidder’s misrepresentation) and shall be punishable under law, including, but not limited to, chapter 817, F. S.

C-7 Termination for Cause

The Department may terminate the contract if the Bidder fails to (1) deliver the product within the time specified in the contract or any extension; (2) maintain adequate progress, thus endangering performance of the contract; (3) honor any term of the contract; or (4) abide by any statutory, regulatory, or licensing requirement. In addition, the Department may terminate the contract if it discovers or determines that Bidder made a Misrepresentation in its response to the solicitation, which led to award of the contract to Bidder.

C-8 Compliance with Federal, State and Local Laws.

The Contractor and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Contractor shall include this provision in all subcontracts issued as a result of this Contract.

Contractor and its subcontractors and agents also must comply with the following civil rights laws and regulations:

a. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted

b. programs on the basis of race, color, or national origin in the delivery of services or benefits);

c. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as amended);

d. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs on the basis of disability, both in employment and in the delivery of services and benefits);

e. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis of age in the delivery of services or benefits);

f. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973);

g. United States Executive Order (EO) 13166 (federal agencies required to ensure that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and activities by Limited English Proficiency (LEP) persons).

h. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, sections 760.01, 760.11 and 509.092 .01), including Part I, Chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status).

DEP Bid No. BDC37-24/25, Page 26

This Contract shall be governed by and construed in accordance with the laws of the State of Florida.

Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Contract will be in the courts, and venue will be in a court of competent jurisdiction, in Leon County, Florida. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract.

All Project facilities and related amenities shall be in compliance with the Americans with Disabilities Act and the Florida Building Code, Chapter 11 (2004). Further, the Department may require that the Contractor to go above and beyond the requirements of said laws by so stating in the Contract Documents.

C-9 Americans with Disabilities.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bidding/proposal documents or attendance at any related meeting or Bid Opening. If accommodations are needed because of a disability, please contact the Contracts Specialist at (850) 245-2781 (See B-2). If you are hearing or speech impaired, please contact the Florida Relay Service by calling (800) 955-8771 (TDD) or (800) 955-8770 (Voice).

C-10 Special Requirements It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the Corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in section 946.515(2), and (4), Florida Statutes; and for purposes of the Agreement the person, firm or other business entity carrying out the provisions of the Agreement shall be deemed to be substituted for the Department insofar as dealings with the Corporation is concerned. Any products purchased shall be of equal or better quality and comparable in price to the products required by the Bidding Documents.

The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC.

(P.R.I.D.E.) which may be contacted at:

P.R.I.D.E.

12425 28th Street North, Suite 103 St. Petersburg, Florida 33716

(727) 572-1987 Toll Free: 1-800-643-8459 Website: www.pride-enterprises.org

It is understood and agreed that any articles that are the subject of or required to carry out this Agreement shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of the Agreement the person, firm, or other…