ITB 23B-001 2023 Williford Spring Step Repairs and Improvements.pdf

NWFWMD ITB 23B-001 - 2023 Williford Spring Step Repairs and Improvements Page 1 of 26

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

INVITATION TO BID NO. 23B-001

2023 WILLIFORD SPRING STEP REPAIRS AND IMPROVEMENTS

The Northwest Florida Water Management District (District), 81 Water Management Drive, Havana, FL 32333, is soliciting sealed bids for the 2023 Williford Spring Step Repairs and Improvements (Project) located in Washington County, Florida. The project entails removing loose sedimentation under existing public access steps, creating a form below the water surface in a manner that will prevent further erosion caused by spring flow, filling the cavity, and adding additional steps and public safety amenities to the specifications of the attached construction plans. The Contractor shall furnish all materials, labor and equipment, tools, incidentals, transportation, and all services necessary for the completion of this work. The remaining construction specifications for the 2023 Williford Spring Step Repairs and Improvements are provided in the construction plans dated June 2020, as prepared by Dewberry (Project Number: 50127666).

The deadline for submission of bids and the opening of the sealed bids is 2:00 P.M.

Eastern Time (ET) October 31, 2022. The bid opening is open to the public. Provisions will be made to accommodate the handicapped (if requested) provided the District is given at least 72 hours advance notice. All bids must conform to the instructions in the Invitation to Bid (ITB) and comply with applicable Florida Statutes. Interested parties may obtain a copy of the complete ITB package from the District’s website (http://www.nwfwater.com) or from the State of Florida’s Vendor Information Portal website at:

MyFloridaMarketPlace Vendor Information Portal. A copy of the complete ITB package can also be obtained at the above address or by calling (850) 539-5999.

There will be an optional on-site pre-bid meeting held at the project site at 11:00 a.m.

Eastern Time, Wednesday, October 12th, 2022. The Williford Spring Recreation Site (Project Site) is located at 5647 Porter Pond Road, Youngstown, Florida 32466, approximately one mile north of Highway 20 on the westward side of Econfina Creek, approximately eight miles west of the US 231/Highway 20 intersection near Youngstown, FL. Prospective respondents to the ITB are encouraged to visit the Project Site prior to the pre-bid meeting. Project Site access is permitted between 8:00 a.m. and 8:00 p.m., seven days a week. The purpose of the meeting is to allow and gather technical or administrative questions regarding this bid package and the work to be performed.

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Table of Contents

PAGE

PART 1 GENERAL INFORMATION

1.1 Definitions

1.2 Purpose

1.3 Issuing Office, Date and ITB Opening

1.4 Invitation to Bid

1.5 Awarding of Bid

1.6 Development Costs

1.7 Conflict of Interest

1.8 District Forms and Rules

1.9 Pre-bid Meeting

1.10 Oral Presentations

1.11 Inquiries

1.12 Timetable

1.13 Delays

1.14 Submission and Withdrawal

1.15 Addenda

1.16 Equal Opportunity

1.17 Public Crimes/Discriminatory/Antitrust Violator Vendors

1.18 Scrutinized Companies, Boycotting

1.19 Inspector General Cooperation

1.20 Compliance with Health and Safety Regulations

1.21 Insurance

1.22 Prohibited Contact

1.23 Specification and Award Protest

1.24 Publicity

1.25 Waiver of Minor Irregularities

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PART 2 SCOPE OF SERVICES

PART 3 BID REQUIREMENTS

3.1 Rules for the Bids

3.2 Contractor Qualifications

3.3 Performance Bond

3.4 Vendor Registration and W-9 Forms

3.5 Vendor Checklist

PART 4 EVALUATION OF BIDS

PART 5 BID SHEET AND BIDDER ACKNOWLEDGMENT

PART 6 CONTRACTOR INFORMATION FORM

PART 7 DRAFT AGREEMENT

ATTACHMENTS

ATTACHMENT A CONSTRUCTION DOCUMENT

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PART 1

GENERAL INFORMATION

1.1 DEFINITIONS

For the purpose of this bid, “respondent or bidder” means contractor, vendors, consultants, organizations, firms, or other persons submitting a response to this

Invitation to Bid.

Additional definitions are provided in the Construction Documents included as

Attachment A.

1.2 PURPOSE

The Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333, (hereinafter referred to as the “District”) is issuing this

Invitation to Bid (ITB) for the project titled “2023 WILLIFORD SPRING STEP

REPAIRS AND IMPROVEMENTS 2023.”

1.3 ISSUING OFFICE, DATE AND ITB OPENING

Northwest Florida Water Management District (Headquarters)

Attn: Agency Clerk

81 Water Management Drive

Havana, Florida 32333-4712

THE DISTRICT MUST RECEIVE ALL BIDS BY

MONDAY, OCTOBER 31, 2022, 2:00 P.M. ET

THE DAY OF THE PUBLIC OPENING.

1.4 INVITATION TO BID

The District solicits bids for services of a responsive Florida Licensed Contractor to perform the 2023 Williford Spring Step Repairs and Improvements located in

Washington County, Florida. This work entails repairing and improving the steps that

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1.5 AWARDING OF BID

The District anticipates entering into a contract with the bidder who submits a qualified responsive bid judged by the District to be the lowest cost for the specified services.

The District reserves the right to award the bid to the next lowest responsive bidder 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.

The respondent understands that this bid does not constitute an agreement or a contract with the District. An official contract or agreement is not binding until the bids are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the District, and the contract or agreement is executed by both parties.

The District reserves the right to reject any and all bids, to negotiate with the qualified

Contractor submitting the lowest responsive bid, to waive any irregularities of a minor nature, and to solicit and re-advertise for other bids. Mistakes clearly evident on the face of the bid documents, such as computation errors, may be corrected by the District.

Per section 255.0991, Florida Statutes (F.S.), the District has no regulation that provides

Contractor preference as described in that statute.

All bids may be subject to the approval of the Northwest Florida Water Management

District Governing Board at a duly noticed Board meeting.

Notice of a bid award shall be posted to the District’s website and the State of Florida’s

Vendor Information Portal website.

1.6 DEVELOPMENT COSTS

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The District shall not be responsible or liable for any expenses incurred in connection with the preparation of a response to this bid. Respondents should prepare the bid simply and economically, to provide a straightforward and concise description of the respondent's ability to meet the requirements of the bid.

1.7 CONFLICT OF INTEREST

The award hereunder is subject to Chapter 112, Florida Statutes. All respondents shall disclose with their bid the name of any officer, director, board member, or agent who is also an employee of the State of Florida, or any of its agencies. Further, all bidders shall disclose the name of any state employee or any board member or employee of the

District who owns directly or indirectly an interest of five percent (5%) or more in the respondent’s firm, subsidiaries or branches.

1.8 DISTRICT FORMS AND RULES

When included, all forms supplied by the Northwest Florida Water Management

District shall be submitted with the bids. All bids must comply with applicable Florida

Statutes, laws, and rules.

1.9 PRE-BID MEETING

There will be an optional on-site pre-bid meeting on Wednesday, October 12, 2022, at

11:00 A.M. Eastern Time (ET). The Williford Spring Recreation Site (Project Site) is located at 5647 Porter Pond Road; Youngstown, Florida 32466, approximately one mile north of Highway 20 on the westward side of Econfina Creek, approximately eight miles west of the US 231/Highway 20 intersection near Youngstown, FL. The purpose of the meeting is to allow and gather technical or administrative questions regarding this bid package and the work to be performed. Prospective respondents to the ITB are not required to participate in the pre-bid meeting in order for a bid submission to be considered for this ITB by the District.

1.10 ORAL PRESENTATIONS

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There will not be oral presentations for this solicitation.

1.11 INQUIRIES

All questions regarding this ITB shall be provided in writing and emailed to the

Procurement Officer, Benjamin Faure at Benjamin.Faure@nwfwater.com no later than 12:00 PM. Eastern Time (ET) on October 17, 2022. Inquiries shall reference the date of the ITB opening and ITB title and number.

The District will post addenda and answers to substantive questions on its website and on the State of Florida’s Vendor Information Portal website at least ten (10) calendar days before the bid opening date (see Section 1.15 Addenda). Firms are responsible for checking the District’s website or State of Florida’s Vendor Information Portal website for addenda.

1.12 TIMETABLE

The District and respondents shall adhere to the following schedule in all actions concerning this bid.

A. On Wednesday, October 5, 2022, the District issues the Invitation to Bid.

B. On Wednesday, October 12, 2022, at 11:00 A.M. Eastern Time (ET), an optional on-site pre-bid meeting will occur at the project site.

C. Up to Monday, October 17, 2022, 12:00 PM. Eastern Time (ET) the District will receive written inquiries on the ITB (received by email).

D. If substantive questions are received, District issues an Addendum at least ten (10) calendar days prior to bid opening.

E. The District must receive the bids by the bid opening time of 2:00 P.M. ET, Monday, October 31, 2022. *

F. From opening time, the District will review and evaluate the bids on a timely basis.

G. The District may enter into a contract with the qualified Contractor submitting the lowest responsive bid after conducting negotiations and obtaining appropriate approvals.

* Denotes a public meeting.

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1.13 DELAYS

The District may delay scheduled due dates if it is to the advantage of the District to do

so. The District will notify respondents of all changes in scheduled due dates by posting the information to the District’s website and State of Florida’s Vendor Information

Portal website.

1.14 SUBMISSION AND WITHDRAWAL

The respondent must submit the bid in person, by mail, or courier such as UPS to this address:

Northwest Florida Water Management District Attn: Agency Clerk 81 Water Management Drive Havana, FL 32333-4712

Please be advised that mail delivery to the District is not always by 2:00 P.M. ET.

Respondents shall submit one printed copy and one electronic copy in .pdf format on a new flash drive of the bid in a sealed, opaque envelope or box. The face of the envelope or box shall state in capital letters:

“SEALED BID FOR ITB 23B-001, 2023 WILLIFORD SPRING STEP REPAIRS

AND IMPROVEMENTS TO BE OPENED OCTOBER 31, 2022, AT 2:00 P.M.

EASTERN TIME (ET) AT THE HEADQUARTERS OF THE NORTHWEST

FLORIDA WATER MANAGEMENT DISTRICT”

The sealed envelope or box shall also include the respondent’s name and business address. Bids received by the bid opening deadline but not properly sealed and labeled shall not be considered.

Respondents who utilize courier service packing and shipping materials shall place the bid in a sealed and labeled opaque envelope or box as described above inside the courier-supplied shipping materials. Courier service delivery shall use the same address listed previously in this section.

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It is the respondent's responsibility to ensure that his/her bid submission is delivered at the proper time and place of the opening. Bids that are for any reason received after the established deadline will not be considered. If a respondent chooses to hand deliver a sealed bid in person during regular business hours of 8:00 A.M. (ET) to 5:00 P.M. (ET)

Monday through Friday, a receptionist will be available to receive the respondent’s bid.

Telephone confirmation of timely receipt of the bid may be made by calling (850) 539-

5999 and asking for the Agency Clerk before the proposal opening time. Submittal of bids other than in person, by mail, or courier such as UPS, etc. shall not be accepted.

A respondent may withdraw a bid by notifying the District in writing at any time prior to the opening. Respondents may withdraw bids in person or through an authorized representative. Respondents and authorized representatives must disclose their identity and provide a signed receipt for the bid. Bids, once opened, become the property of the

District and will not be returned to the respondents.

All bids must be made on the required Bid Sheet and Bidder Acknowledgement (see

PART 5 of this ITB). All blank spaces for bid prices must be filled in, in ink or typewritten, and the form must be fully completed and executed when submitted.

Respondents must satisfy themselves of the accuracy of their response in the Bid Sheet and Bidder Acknowledgement by examination of the criteria and specifications including addenda. After bids have been submitted, respondents shall not assert that there was a misunderstanding concerning the number or type of parameters nor the accuracy required of each parameter.

Bids received by the District in response to this ITB will become a public record (unless an exemption to Florida’s Public Records Law applies) when the District provides notice of its intended decision or 30 days after opening the bids, whichever is earlier. If the District rejects all bids and concurrently provides notice of its intent to reissue the

ITB, the rejected bids remain exempt from Florida’s Public Records Law until such time as the District provides notice of an intended decision concerning the reissued ITB

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Bids will be made available for inspection at the time the District posts notice of its decision or intended decision concerning contract awards or 30 days after the bid opening, whichever is earlier.

1.15 ADDENDA

If addenda become necessary, the District will provide written addenda and post addenda on the District’s website and on the State of Florida’s Vendor Information

Portal website at least ten (10) calendar days before the bid opening date. Prospective bidders are responsible for determining whether addenda have been issued and are advised to check the websites or with the District’s Procurement Officer prior to submitting their bid.

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

1.16 EQUAL OPPORTUNITY

The District recognizes fair and open competition as a basic tenet of public procurement. Respondents doing business with the District are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age, sex, or disability. It is the policy of the District to ensure that qualified respondents wishing to participate in the procurement process have the maximum opportunity to compete and perform on District contracts and purchases.

The District encourages participation by minority-, veteran-, and women-owned Certified

Business Enterprises and requests firms submit evidence of such designation with their bids.

For further information on designation as a certified business enterprise, visit

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1.17 PUBLIC CRIMES/DISCRIMINATORY/ANTITRUST VIOLATOR VENDORS

In accordance with sections 287.133, 287.134, and 287.137, Florida Statutes, a person or affiliate who has been placed on the convicted, discriminatory, or antitrust violator vendor lists 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 section 287.017, Florida

Statutes, for CATEGORY TWO ($35,000), unless specified otherwise in these statutes.

Questions regarding the lists may be directed to the Florida Department of Management

Services, State Purchasing Division, at (850) 488-8440 or send email to purchasingcustomerservice@dms.fl.gov.

1.18 SCRUTINIZED COMPANIES, BOYCOTTING

Pursuant to s. 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the District for goods or services of:

(1) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or

(2) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

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a. Is on the Scrutinized Companies with Activities in Sudan List or the

Scrutinized Companies with Activities in the Iran Petroleum Energy

Sector List, created pursuant to s. 215.473, Florida Statutes; or

b. Is engaged in business operations in Cuba or Syria.

By submitting a response, the respondent certifies that it is not currently on the aforementioned lists or engaged in such business operations and agrees to notify the

District if placement on one of these lists occurs or the Contractor engages in such business operations. If the respondent submits a false certification, the District may terminate the Agreement and bring a civil action against the respondent, as provided for in s. 287.135, Florida Statutes.

INSPECTOR GENERAL COOPERATION

Prospective Contractor or vendor understands and shall comply with section 20.055(5), Florida Statutes, which states: “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section.”

1.20 COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS

The bidder shall comply with all applicable federal, state and local rules and regulations in providing services to the District. This requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations.

1.21 INSURANCE

The respondent, if awarded a contract, shall maintain insurance coverage. In the event a contract is awarded to a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the bidder’s insurance coverage, policies, or capabilities may be grounds for rejection of the bid and rescission of any ensuing contract. The

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Contractor shall obtain all coverage as required by Florida law, including Workers

Compensation and applicable professional liability insurance. Additionally, the

Contractor shall be insured as follows: General Liability, with limits not less than

$1,000,000 per occurrence; $1,000,000 per occurrence for personal injury; and

$1,000,000 for property damage; Automobile Liability, with combined single limit of not less than $1,000,000; Workers Compensation and Employers Liability, with limits not less than: Bodily Injury by Accident $1,000,000 each accident; Bodily Injury by

Disease $1,000,000 policy limit; and Bodily Injury by Disease $1,000,000 each employee.

Evidence of all such insurance satisfactory to the District shall be furnished with the executed Agreement prior to beginning work, and all such insurance policies shall provide for a ten (10) business day notice to the District of cancellation or any material change in the terms of the insurance policies.

1.22 PROHIBITED CONTACT

Respondents to this solicitation or persons acting on their behalf shall not contact, between the release of the solicitation and the end of the 72-hour period following the

District posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.23 SPECIFICATION AND AWARD PROTEST

Any person who is adversely affected by the District’s award shall file with the District a notice of protest in writing within 72 hours after the posting of the award. With respect to a protest of the terms, conditions, and specifications contained in this ITB, including any provisions governing the methods for ranking bids, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of

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The Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods. The failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

1.24 PUBLICITY

The respondent shall obtain prior approval of the District for all news releases or other publicity pertaining to this bid or the service or any project to which it relates.

1.25 WAIVER OF MINOR IRREGULARITIES

The District may waive minor irregularities in bids received where such is merely a matter of form and not substance. Minor irregularities are defined as any deviation from a mandatory requirement of the ITB that, if waived, will not have an adverse effect on the District's interest and will not give a respondent an advantage or benefit not enjoyed by the other respondents. The District is not required to waive a minor irregularity and has the sole discretion to determine whether a minor irregularity should be waived.

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PART 2

SCOPE OF SERVICES

The project entails removing loose sedimentation under the existing public access steps to the Williford Spring Swimming Area, creating a form below the water surface in a manner that will prevent further erosion caused by spring flow, filling the cavity, adding additional steps and public safety amenities to the specifications according to the attached construction plans. The Contractor shall furnish all materials, labor and equipment, tools, incidentals, transportation, and all services necessary for the completion of this work. The remaining construction specifications for 2023 Williford

Spring Step Repairs and Improvements are provided in the construction plans dated

June 2020, as prepared by Dewberry (Project Number: 50127666).

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PART 3

BID REQUIREMENTS

3.1 RULES FOR THE BIDS

A. All bids must comply with applicable Florida Statutes, laws, and rules.

B. Two copies of the bid (One printed copy and one electronic copy in .pdf format) must be submitted in a properly marked envelope or box in person, by mail, or commercial courier. See PART 1, Section 1.14 Submission and Withdrawal of this

ITB for further details.

C. All bidders shall furnish evidence of its qualifications by completing, signing, and submitting the Contractor Information Form. See Section 3.2 Contractor

Qualifications and PART 6.

D. All bids shall be completed and submitted on the attached Bid Sheet and Bidder

Acknowledgement (PART 5). The awarded vendor will be required to submit a performance bond as outlined in Section 3.3.

E. The District is not subject to Florida sales tax or to any federal excise taxes on all sales made directly to the District, and neither shall be included in the bid price.

F. Any transportation or other charges incurred in the delivery of products or services as specified must be included in the bid price.

G. All costs whether direct or indirect which will be ultimately paid by the District must be included in the bid price. Any indirect, overhead, profit margin or other such costs, however named, must also be included in the bid price.

H. The award hereunder is subject to Chapter 112, Florida Statutes. All bidders shall disclose with their bids the name of any officer, director, board member, or agent who is also an employee of the State of Florida, or any of its agencies. Further, all bidders shall disclose the name of any state employee or any board member or

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(5%) or more in the bidder’s firm, subsidiaries or branches.

3.2 CONTRACTOR QUALIFICATIONS

Respondents to this ITB are required to meet the following qualification and experience criteria:

A. Must hold an active Florida Contractor License;

B. Must have no less than five (5) years of experience performing the services described in the Scope of Services;

C. Must have sufficient qualified personnel and equipment necessary to complete all work proposed in the Scope of Services;

D. Must not have known or potential conflicts-of-interest in performing tasks as requested in the Scope of Services; and

E. Must not have pertinent litigation filed against the Contractor in the states of

Florida, Alabama, or Georgia within the last three (3) years.

F. Any subcontractors used by the Contractor to complete proposed work in this ITB must be identified and must meet the pertinent criteria listed above to perform the task for which they are hired. The successful bidder shall supply the names and addresses of major material suppliers and sub-vendors when requested to do so by the District.

G. Contractors must complete, sign, and submit with their bid the Contractor

Information Form (see PART 6) to support and document the qualification and experience criteria listed above.

3.3 PERFORMANCE BOND

The successful bidder will be required to execute the contract and obtain a performance bond within ten (10) calendar days once the awarded Contractor is notified by the

District Project Manager.

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A performance bond in the amount of twenty-five percent (25%) of the contract price, with a corporate surety approved by the District, will be required for the faithful performance of the Contract. A certified Cashier’s Check made payable to:

“NWFWMD” may be provided to the District, in lieu of a performance bond.

Attorneys-in-fact who sign bid bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

The performance bond will be returned upon successful completion of the contract. In case of failure of the Contractor to execute the Agreement, or complete the work according to the contract, scope of work, specifications, and plans, the District may at its option consider the contractor in default, in which case the bond accompanying the contract shall become the property of the District.

3.4 VENDOR REGISTRATION AND W-9 FORMS

The successful bidder will be required to complete a Vendor Registration Form and W-

9 Form once the awarded Contractor is notified by the District Project Manager.

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3.5 VENDOR CHECKLIST

Please review the checklist for this bid (ITB No. 23B-001) to ensure that you have properly followed the instructions. Many bids and proposals are rejected because the respondent simply failed to comply with required preparation and submission requirements.

Have you performed a final review of your bid to ensure you included all required documentation? The omission of required items shall result in rejection of the bid.

Have you completed, signed, and included the Contractor Information Form?

Have you completed, signed, and included the Bid Sheet and Bidder

Acknowledgement Form? Have you verified all amounts to ensure that they are complete and accurate?

Have you provided evidence of your minority, veteran, or women-owned Business designation, if applicable? Please attach any pertinent documents to the Invitation to Bid package.

If a conflict of interest exists as described in Section 1.7 Conflict of Interest, have you included a statement of disclosure?

Have you selected the method of shipping (in person, by mail, or commercial courier) that will ensure that your response will arrive before the deadline?

Is your envelope properly marked and is there one printed copy and one electronic copy in .pdf format included? See Section 1.14 Submission and Withdrawal of this

ITB for further details. All incoming correspondence is opened when received unless properly marked for a specified opening date and time. If your bid is opened prior to the designated date and time, it cannot be considered.

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PART 4

EVALUATION OF BIDS

The contract will be awarded in the best interest of the District, based on the lowest estimated total cost to the District, from those bids submitted by contractors considered qualified by the District and able to perform the work in the time allowed as described in this ITB. The District anticipates awarding the contract to the bidder that meets the following criteria:

A. Contractor must meet the qualification and experience criteria as described in

Section 3.2 Contractor Qualifications.

B. Contractor submits a qualified responsive bid judged by the District to be the lowest cost for the specified services.

C. If two or more bids are tied, the tie will be broken by the respondent earning the most points from the following, each being assigned one point for a total of up to three points: (1) to the respondent that certifies compliance with s. 287.057(11), F.S., as a certified minority business enterprise; (2) to the respondent that certifies compliance with s. 295.187(4), F.S., as a certified veteran’s business enterprise;

and (3) to the respondent that certifies compliance with s. 287.087, F.S., having implemented a Drug-Free Workplace program. If there is still a tie, the tie will be broken by lot (for example, coin toss).

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PART 5

BID SHEET AND BIDDER ACKNOWLEDGMENT

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*All costs include safety measures for compliance with the Trench Safety Act (Chapter 553, Florida Statutes) and all other materials (labor, bedding material, geotextile, riprap, etc.) and construction activities necessary to complete work specified in the Scope of Services.

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BIDDER ACKNOWLEDGMENT

I, the undersigned, having read all parts of this Invitation to Bid, ITB No. 23B-001, titled

“2023 WILLIFORD SPRING STEP REPAIRS AND IMPROVEMENTS,” including any and all addenda, and having a comprehensive understanding of all provisions, rules, requirements, restrictions, etc. contained herein, agree to same and respectfully submit the bid contained herein.

Authorized Signature Position or Title

Printed Name of Above Signature Agency or Company

(The area below this line is to be completed by NWFWMD Agency Clerk only.)

Unsigned bids shall be rejected by the Agency Clerk of the Northwest Florida Water

Management District.

Agency Clerk

Northwest Florida Water Management District

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PART 6- CONTRACTOR INFORMATION FORM

Project Date of

Completion

Location

(County /

Project Description Client Contact Name Client

Phone

Contact Phone Number: Fax Number

Mailing Address:

City, State & Zip:

E‐mail Address:

Federal Employer ID or Social Security #:

2. Subcontractor Information (if necessary, please attach information for additional subcontractors)

Subcontractor 1 Firm Name:

1. Contractor Information

Contractor Firm Name:

Contact Person Name & Title:

Mailing Address:

City, State & Zip:

Mailing Address:

City, State & Zip:

Type of Work (concrete, etc.):

Federal Employer ID #:

Subcontractor 2 Firm Name:

Signature

Person Completing Form (print name)

Unsigned bids shall be rejected by the Agency Clerk of the Northwest Florida Water Management District.

Type of Work (concrete, etc.):

Federal Employer ID #:

3. Experience (all fields in table below must be completed)

Contractors (or subcontractors) must provide a list of similar public access improvements, and/or recreational amenities construction projects completed within the last 5 years.

4. Contractor’s Statement of Qualification

I understand that the above qualification and experience criteria are required to submit a bid in response to ITB# 20_‐0XX. By signing this application, I acknowledge that all qualifications and experience criteria are met.”

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1.B Respondent Information

Respondent Firm Name:

Is this firm a certified minority business enterprise as defined in section 288.703(1), Florida Statutes? If yes, please provide documentation.

Circle One: Yes No

Is this firm a certified veteran’s business enterprise as defined in section 295.187(3)(a), Florida Statutes?

If yes, please provide documentation.

Circle One: Yes No

Has this firm implemented a Drug‐Free Workplace program in compliance with section 287.087, Florida

Statutes? If yes, please provide documentation.

Circle One: Yes No

2. Respondent’s Statement of Qualification

I understand that the above information is required to submit a bid in response to ITB No. 23B‐

001. By signing this form, I acknowledge that all information is accurate and correct to the best of my knowledge.

Person Completing Form (print name) Signature

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PART 7

DRAFT AGREEMENT

Please note that this Agreement is subject to change subsequent to legal review

DRAFT

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Draft Agreement for Contractual Services for

Williford Spring Step Repairs and

Improvements, Between Northwest Florida Water Management

District and

CONTRACTOR

(NWFWMD Contract Number XX)

This Agreement (the “Agreement”) is by and between the Northwest Florida Water Management District (hereinafter, the District) and (hereinafter, the Contractor). The District and the Contractor hereby agree as follows:

SECTION 1 – SCOPE OF SERVICES

A. General

1. The Contractor shall perform and render all services as an independent Contractor of the District and not as an agent, representative, or employee of the District. Services (the “Work”) shall be provided in accordance with the Contractor’s bid response submitted under Invitation to Bid (ITB) 23B-001 entitled “2023 Williford Spring Step Repairs and Improvements” set forth in EXHIBIT 1 attached hereto and incorporated herein by reference.

2. The contract documents (“Contract Documents”) which make up this Agreement consist of:

(i) this Agreement document, (ii) Invitation to Bid 23B-001, (iii) Contractor’s bid response,

(iv) technical specifications, (v) all addenda issued prior to the execution of this Agreement,

(vi) the proposal submitted by the Contractor, and (vii) all modifications issued subsequent thereto. The Contract Documents are part of this Agreement as if attached to this Agreement, whether or not they are actually attached.

3. Prior to the Contractor’s commencement of Work, a performance bond will be required for the Work in accordance with the specifications contained in Section 5.

4. Prior to the Contractor's commencement of Work, the District shall provide and transmit to the Contractor an approved Notice to Proceed that specifies the phases to be completed under the specific TO. The Contractor shall commence Work within ten (10) days of issuance of a Notice to Proceed by the District.

5. All Work shall be performed in accordance with the specifications and requirements contained in the Scope of Work section below.

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B. Background

The Work shall consist of repairs and improvements to the steps that serve as the public access to the water at Williford Springs.

C. Scope of Work

The project entails removing loose sedimentation under existing public access steps, creating a form below the water surface in a manner that will prevent further erosion caused by spring flow, filling the cavity, adding additional steps and public safety amenities to the specifications of the attached construction plans. The Contractor shall furnish all materials, labor and equipment, tools, incidentals, transportation, and all services necessary for the completion of this work. The remaining construction specifications for 2023 Williford Spring Step Repairs and Improvements are provided in the construction plans dated June 2020, as prepared by Dewberry (Project Number: 50127666). See Exhibit 2 and ITB 23B-001 Section 8.1 Attachment A– Construction Document.

D. Contract Term / Project Schedule

All work must be completed by March 15, 2023.

SECTION 2 – RESPONSIBILITIES OF CONTRACTOR

A. The Contractor is responsible for the timely completion, professional quality, and technical accuracy of all Work provided to the District under the terms of this Agreement. The Contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies identified by the District in reports, drawings, and in conjunction with all Work provided for under this Agreement.

B. The Contractor shall be, and shall remain, liable in accordance with applicable law for all damages to the District caused by the Contractor’s negligent performance of any Work furnished under this Agreement.

C. The Contractor's obligations under this Section are in addition to the Contractor's other expressed or implied assurances under this Agreement or state law and in no way diminish any other rights that the District may have against the Contractor for deficiencies in Work.

D. The Contractor shall indemnify and hold harmless the District, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’

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E. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

F. As provided under s. 216.347, Florida Statutes, expenditure of District funds for purposes of lobbying, including of the Legislature, judicial branch, or any state agency, is prohibited.

G. The Contractor certifies that it and any of its affiliates are not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to s. 287.135, Florida Statutes , the District may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for one million or more dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged with business operations in Cuba or Syria as identified in s. 287.135, Florida Statutes Pursuant to s. 287.135, Florida Statutes, the District may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of this Agreement. As provided in Subsection 287.135(8), Florida Statutes., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative.

SECTION 3 – TRUTH-IN-NEGOTIATIONS

The Contractor certifies that wage and equipment rates and other factual unit costs supporting the Contract Rates are accurate, complete, and current at the time of contracting. The Contract Rates and any additions thereto will be adjusted to exclude any significant sums by which the District determines the Contract Rates was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Contract Rates adjustments must be made within one

(1) year following the end of this Agreement.

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SECTION 4 – COMPENSATION

A. Maximum compensation under this Agreement shall not exceed the availability of funds and current budget authorizations as approved by the District Governing Board.

B. The District’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature and approval of the District’s annual budget.

C. Payment for “WILLIFORD SPRING STEP REPAIRS AND IMPROVEMENT

PROJECT (“Project”)” will be subject to inspection and approval by the District’s Project Manager or District’s Designee. The Project Manager, will determine, in his/her sole discretion, whether or not the Contractor has successfully completed the authorized Work as outlined in this Agreement. Payment will not be made until the District receives written authorization to do so by the District Project Manager.

D. The Contractor may submit invoices for completed Work but no more frequently than monthly.

A final invoice must be submitted within thirty (30) days after the expiration date of the Agreement to assure the availability of funding for final payment.

E. Any subcontractor fees and direct expenses required for completion of the Work should have been included in the Contract Rates set forth in EXHIBIT 2 attached hereto and will be the responsibility of the Contractor.

F. Payment will be made upon inspection and approval of deliverables within thirty (30) days of receipt of an approved invoice, submitted in sufficient detail for a pre-audit and post-audit review. Each invoice submitted must be in detail sufficient for pre-audit and post-audit review.

Invoices shall include the Contractor name and address, date, time period covered by the invoice, the Contract Number of this Agreement for the Work being invoiced, total payment requested, amount previously invoiced, and a signed certification by the Project Manager that Work invoiced has been completed.

G. The Contractor agrees to participate in electronic funds transfer payments from the District.

H. An original invoice, including appropriate backup documentation, shall be submitted to both the District’s Project Manager at the contact information included in Section 8.B, and the District’s Accounting Bureau, at the contact information listed below. An original invoice may be submitted either electronically or in hard copy.

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Attn: Accounting Bureau 81 Water Management Drive Havana, FL 32333 AccountsPayable@nwfwater.com

SECTION 5 – PERFORMANCE BOND

Prior to commencing Work, the Contractor shall provide a Performance Bond in an amount equal to twenty-five percent (25%) of the Contract Price, which shall be held by the District to insure contract compliance and to pay any damages sustained by the District due to the Contractor’s negligence or breach of contract; provided, however, that such Performance Bond shall not relieve Contractor from its obligation to indemnify as provided in Section 2D. hereof.

The Performance Bond shall be returned to the Contractor within thirty (30) days of successful completion of all terms and conditions of this Agreement.

SECTION 6 – TIME OF PERFORMANCE

A. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Project Schedule (defined below) shall survive termination or expiration of this Agreement.

B. This Agreement is effective on the last date of execution by a party and shall remain in effect through the end of the Project Schedule.

C. The Contractor shall proceed with the Work at such rate of progress to ensure full completion within the Project Schedule. It is expressly understood and agreed by and between the Contractor and the District that the Project Schedule is a reasonable amount of time in which to complete the Work, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.

D. If the Contractor shall fail to complete Work within the Project Schedule, or extension of time granted by the District, then the Contractor shall be in default after the time stipulated in this Agreement and may forfeit the Performance Bonds required in Section 5.

E. Project Schedule means the period that this Agreement remains in effect, specifically from execution through March 31, 2023.

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SECTION 7 – FORCE MAJEURE AND DELAYS

A. Force Majeure. The Contractor shall not be liable for failure to carry out the terms of this

Agreement to the extent such failure is due to a force majeure event, except for failures that could have been reasonably foreseen and guarded against so as to avoid or reduce the adverse impact thereof. A force majeure event is hereby defined as any one of the following circumstances beyond the control of Contractor: (a) war, (b) flood, (c) earthquake, (d) fire, (e) severe wind storm, (f) acts of public disturbance, (g) quarantine restrictions, (h) epidemics, (i) strikes, (i) freight embargoes, or (k) sabotage. The District is not obligated to grant an extension of time due to adverse weather conditions unless such conditions rise to the level of a force majeure event.

B. Delay. The Contractor shall not be compensated for delays caused by Contractor’s inefficiency, rework made necessary by Contractor’s error, failure to perform the Work as scheduled, or any other corrective or productivity measures made necessary by errors, omissions, or failures to properly perform the Work. Within ten (10) days after the onset of a delay, Contractor shall notify the District in writing of the delay, which shall provide: (1) a detailed description of the delay and its probable duration, (2) the specified portion of the Work affected, and (3) the Contractor’s opinion as to the cause of the delay and liability (if any) for the delay. Notices provided more than ten (10) days after the inception of the delay shall only be effective as to additional costs or delay incurred during the ten-day period preceding receipt of such notice.