RFP_38308_UNDERWATER SPRINGS DISCHARGE MEASUREMENTS AND SCIENTIFIC DIVING SERVICE.pdf

RFP#38308

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[THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

UNDERWATER SPRINGS DISCHARGE MEASUREMENTS AND SCIENTIFIC DIVING

SERVICE

REQUEST FOR PROPOSALS 38308

The Governing Board of the St. Johns River Water Management District (the “District”), requests that interested parties respond to the solicitation below by 2:00 p.m., November 28, 2022. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, or the District by calling or emailing Kendall Matott, Senior Procurement Specialist, at 386-312-2324 or kmatott@sjrwmd.com. Responses will be opened in the Procurement Conference Room, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177-2571.

The District collects periodic discharge measurements at two submerged springs that discharge into larger surface water bodies. This project will consist of 1) obtain accurate measurements of discharge from the selected springs on a set schedule, compute the discharge and document findings following each measurement, and collect water quality samples during each site visit; 2) remove data loggers, download the data, and reinstall data loggers from springs as scheduled by the District’s Project Manager; and 3) perform other diving services as needed at District data collection sites. Services provided shall be of high quality and delivered according to the requirements and schedules necessary to meet project needs.

The estimated budget for the project is $231,000.

Special accommodations for disabilities may be requested through Kendall Matott, Senior Procurement Specialist, at 386-312-2324 or by calling (800) 955-8771 (TTY), at least five business days before the date needed.

The District’s Evaluation Committee will meet at District headquarters at 4049 Reid Street, Palatka, Florida 32177-2571, to evaluate and rank Proposals as follows:

• 9:30 a.m. on November 29, 2022, to o Discuss the responses o Finalize the initial ranking o Determine a shortlist of Respondents and/or o Decide if oral presentations (by some or all of the Respondents) are necessary to assist in facilitating the evaluation process in determining a final recommendation and discuss negotiation strategies

• 9:30 a.m., November 30, 2022, (tentative/if needed) to o Conduct oral presentations, if needed, at the District’s headquarters, immediately followed by an evaluation meeting to establish the final rankings.

o Respondents selected for oral presentations will be notified in advance of the time established for their presentation o If oral presentations are not required the District will commence negotiations with the top-ranked Respondent (based on initial rankings)

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• 1:30 p.m., November 30, 2022 to o Negotiate final details and costs with the top-ranked Respondent (if oral presentations are required to determine a final recommendation) — after negotiations have been completed, all Respondents will be notified in writing of the staff’s intended recommendation to the Governing Board

Special accommodations for disabilities may be requested through Kendall Matott, or by calling (800) 955-8771 (TTY), at least five business days before the date needed.

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

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

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

3. WHERE TO DELIVER PROPOSAL ................................................................................. - 4 -

4. OPENING OF PROPOSALS ............................................................................................... - 4 -

5. PREPARATION AND ORGANIZATION OF PROPOSAL DOCUMENTS ................. - 5 -

6. INQUIRIES AND ADDENDA ............................................................................................. - 6 -

7. BUDGET ................................................................................................................................ - 7 -

8. MINIMUM QUALIFICATIONS ......................................................................................... - 7 -

9. SUBCONTRACTS ................................................................................................................ - 7 -

10. SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................ - 7 -

11. DISQUALIFICATION OF RESPONDENTS .................................................................... - 8 -

12. REJECTION OF PROPOSAL ............................................................................................ - 8 -

13. WITHDRAWAL OF PROPOSAL ...................................................................................... - 8 -

14. EVALUATION AND AWARD PROCEDURES ............................................................... - 8 -

15. EVALUATION CRITERIA ................................................................................................. - 9 -

20. EXECUTION OF AGREEMENT ..................................................................................... - 11 -

21. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ................. - 11 -

22. DIVERSITY ......................................................................................................................... - 11 -

23. FLORIDA SALES TAX ...................................................................................................... - 12 -

24. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS ..................................... - 12 -

25. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES ...................................... - 12 -

26. NOTICES AND SERVICES THEREOF .......................................................................... - 12 -

27. PROTEST PROCEDURES ................................................................................................ - 13 -

FORMS .................................................................................................................................................. - 14 - PROPOSAL FORM ........................................................................................................................... - 14 - PROPOSED SUBCONTRACTORS ................................................................................................. - 18 - CERTIFICATE AS TO CORPORATION ........................................................................................ - 19 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ................................................................................. - 20 - QUALIFICATIONS — GENERAL .................................................................................................. - 21 - QUALIFICATIONS — SIMILAR PROJECTS ................................................................................ - 22 - QUALIFICATIONS — CLIENT REFERENCE .............................................................................. - 23 - DRUG-FREE WORKPLACE FORM ............................................................................................... - 24 - NO RESPONSE FORM..................................................................................................................... - 25 - ATTACHMENT _C_ — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) ................ - 51 -

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INSTRUCTIONS TO RESPONDENTS

1. DEFINITIONS

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

2. CONTRACT ADMINISTRATION

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

Kendall Matott, Senior Procurement Specialist Phone: 386-312-2324 Fax: 386-329-4546 Email: kmatott@sjrwmd.com

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

3. WHERE TO DELIVER PROPOSAL

The Proposal must be submitted in a sealed envelope to:

Kendall Matott, Senior Procurement Specialist Attn: Office of Financial Services St. Johns River Water Management District 4049 Reid St, Palatka, FL 32177-2571

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

SEALED PROPOSAL — DO NOT OPEN

Respondent’s Name: _______________________________ Request for Proposals: 38308 Opening Time: 2:00 p.m.

Opening Date: November 28, 2022

Please note that the United States Postal Service does not deliver regular mail or express mail to the above address. The District’s experience is that Federal Express and United Parcel Service will.

4. OPENING OF PROPOSALS

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

2:00 p.m., November 28, 2022 St. Johns River Water Management District Headquarters 4049 Reid Street, Palatka, Florida 32177-2571

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

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

5. PREPARATION AND ORGANIZATION OF PROPOSAL DOCUMENTS

Respondent must submit its Proposal in “hard copy (paper)” format. Instructions for submitting are provided below.

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

a) Proposal Form

b) Cost Schedule (and Excel® spreadsheet, if applicable)

c) Certificate as to Corporation

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

Specifications

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

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

g) Proposal Bond form - Respondent must use the District’s form

2. Respondents shall provide one original and 1 copies of the Proposal.

3. Please identify the original Proposal package as “ORIGINAL.”

4. In order to assist the District’s review process, each Proposal package shall be bound or submitted in three-ring binders with tabbed dividers for the criteria identified in EVALUATION

CRITERIA.

5. All blank spaces on the Proposal Form shall be typed or legibly printed in ink.

6. Respondents shall provide and complete the following forms and questionnaires, and include them in their Proposal under the tabs identified below (responses to the forms and questionnaires can be submitted on reproduced copies):

Tab 1: Background and Qualifications

a) Certificate as to Corporation Form

b) Affidavit as to Non-Collusion and Certification of Material Conformance with

Specifications

c) Drug-Free Workplace Form – required only in the event of a tie

d) Qualifications Form — General

e) Qualifications Form — Similar Projects

In addition to the above forms, the Respondent is responsible for providing evaluative documentation that it possesses the background and qualifications necessary to perform the Work

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Tab 2: Personnel

Although, there are no forms to complete under this section, the Respondent is responsible for providing evaluative documentation that it has the personnel required to perform the Work

Tab 3: Client References

a) Qualification Form — Client References

Tab 4: Project Management

a) Proposed Subcontractors

In addition to the above form, the Respondent is responsible for providing evaluative documentation that it has the necessary project management skills required to perform the Work

Tab 5: Technical Merit

Although, there are no forms to complete under this section, the Respondent is responsible for providing evaluative information demonstrating its technical merit

Tab 6: Cost Effectiveness

a) Proposal Form

b) Cost Schedule

Tab 7: Additional Information:

a) Standard brochures and specifications may be submitted as additional material but shall not be submitted as the primary qualification data (Information included under this tab will not receive a score).

Respondent is encouraged to include as much pertinent data and information under each section as necessary to ensure proper evaluation of its qualifications.

If you need assistance or have any questions about the format, please email or call Kendall Matott at kmatott@sjrwmd.com or 386-312-2324.

In the event you decline to submit a Proposal, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a Proposal.

6. INQUIRIES AND ADDENDA

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

Every request for a written interpretation or correction must be received at least nine days prior to opening of Proposals in order to be considered. Requests may be submitted by fax at 386-329-4546 or by email at kmatott@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Proposals.

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

7. BUDGET

The estimated budget for the Work is $231,000.00. The above amount is an estimate only and does not limit the District in awarding the Agreement. Respondents are cautioned to not make any assumptions from the budget estimate about the total funds available for the Work. The District retains the right to adjust the estimate in awarding the Agreement. The District also reserves the right to reject all Proposals if subsequent negotiations with qualified Respondents result in costs over this estimated budget amount.

In addition, the District reserves the right to increase, decrease, or delete any class, item, or part of the Work in order to reduce costs for any reason. The District may discuss alternatives for reducing the cost of the Work with Respondents and make such modifications as it determines to be in its best interest.

8. MINIMUM QUALIFICATIONS

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

a. Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least one projects of a similar nature (Contractual services to perform underwater discharge measurement at key submerge springs and provide scientific diving services) within the five years immediately preceding the date for receipt of Proposals. Each project must have had a project value of at least $0.00.

b. Respondent must have no less than one years of experience on projects of the nature specified above.

c. Respondent must provide three client references. Up to two of the client references may be from the similar projects listed in response to subparagraph (a), above. No more than one of the references may be from completed District projects. If a District project is cited, do not request a letter from District staff. The Evaluation Committee will use the project’s closeout documents in lieu of a letter of reference and may consult with the District project manager.

Irrespective of the minimum qualifications stated above, the District may make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work. The District reserves the right to reject any Proposal if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

9. SUBCONTRACTS

Respondent must submit with its Proposal a list of all known subcontractors who will participate in more than ten percent of the Work on the attached “Proposed Subcontractors” form. Acceptance of the Proposal does not constitute approval of the subcontractors identified with the Proposal.

10. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Proposal must sign his/her name therein and state his/her address and the name and address of every other person interested in the Proposal as principal. If a firm or partnership submits the Proposal, state the name and address of each member of the firm or partnership. If a corporation submits the Proposal, an authorized officer or agent must sign the Proposal, subscribing the

- 8 -name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida. Respondent must certify that all persons or entities having an interest as principal in the Proposal or in substantial performance of the Work have been identified in the Proposal forms.

11. DISQUALIFICATION OF RESPONDENTS

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

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

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

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Proposal;

e. Information gained through checking of references or other sources which indicates that Respondent may not successfully perform the Work;

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

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

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

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

12. REJECTION OF PROPOSAL

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

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

13. WITHDRAWAL OF PROPOSAL

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

14. EVALUATION AND AWARD PROCEDURES

a. Proposals will be evaluated by a staff evaluation committee based upon the criteria and weighting set forth in “EVALUATION CRITERIA.” The committee members will meet at District headquarters or other location as appropriate to discuss the Proposals and their individual evaluations. Each

- 9 -committee member completes a paper or electronic evaluation form, from which the overall ranking of Proposals is compiled. Evaluation forms may be submitted at or subsequent to the evaluation committee meeting. If it is determined that it will assist the committee’s evaluation for some or all Respondents to make an oral presentation, such presentations will be scheduled at District headquarters or other location as appropriate.

b. Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation; (2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed.

Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the bids, proposals, submittals, or final replies, whichever occurs earlier. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

c. Pursuant to §286.0113 Fla. Stat., if the District rejects all Proposals and concurrently provides notice of its intent to reissue the competitive solicitation, the recording and any records presented at any exempt meeting shall remain exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all Proposals.

d. Following the evaluation process, contract negotiations will commence with the Respondent submitting the highest-ranked Proposal. If negotiations fail with the highest-ranked Respondent, negotiations will proceed with the next highest-ranked Respondent, and so forth.

e. Following the evaluation process, the District will submit the final ranking of Submittals to the Governing Board for approval, except for those instances in which the authority to approve and execute the Agreement has been delegated by the Governing Board to the Executive Director, or designee. All Respondents will be notified in writing of the evaluation committee’s final ranking of Submittals.

f. The committee will meet to evaluate and rank the Proposals in the location(s), time(s) and date(s), stated at the beginning of this Request for Proposals package.

g. The Agreement will be awarded to the Respondent having the highest ranked Proposal, which successfully concludes negotiations with the District (the “Successful Respondent”). The Agreement may be modified based on the District’s acceptance of any alternatives listed in the Proposal that the District deems in its best interest.

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

or (3) by lot.

i. For 60 days after the designated date and hour of the opening of Proposals, the Respondent will not be permitted to increase its proposed cost.

j. 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 District reserves the right to negotiate with the other respondents in ranked order, if available, and award an Agreement.

k. All Respondents will be notified of the District’s intent to award or decision to award the Agreement.

For the purpose of filing a protest under §120.57(3), Fla. Stat., the time period will commence as provided in “NOTICES AND SERVICES THEREOF.”

15. EVALUATION CRITERIA

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Responses shall include information or documentation regarding, and will be evaluated using, the evaluation criteria set forth below. The evaluation rating scale is as follows:

More than adequate.........................................8 – 10 Less than adequate ................................................ 1 – 4 Adequate .........................................................5 – 7 Not covered in submittal

Criteria Note: If the Evaluation Committee determines that the written submittals are sufficient to finalize its rankings of the Respondents, then oral presentations will not be required and the total scores for the written submittals will be used to determine the rankings.

Weight Written Submittal

Raw Score

Written Submittal Weighted

Total

Oral Presentation

Raw Score

Oral Presentation

Weighted Score

1 Background and Qualifications

a) Knowledge of subject

b) Past performance

c) Ability to meet needs and perform work

d) Equipment and availability

20%

2 Personnel

a) Qualifications and resumes

b) Hours committed to project

c) Names and functions of personnel assigned

d) Special expertise of personnel

10%

3 Client References List all similar projects (up to the past _______ years) Letters of reference from two of the Client References

5%

4 Project Management

a) Allocation of staff

b) Management methods

c) Identify sub-consultants

d) Commitment to project completion within time and budget constraints

10%

5 Location of managing firm/project manager relative to __________________________ Higher consideration will be given to firms whose managing firm/project manager is located nearest to the project area. (The District has selected ________________________ as the reference point for distance calibration purposes.) Respondents must state which web-based mapping site was used to determine mileage. The District will award points as follows:

16. Within 0-100 miles of the project area = 10 points

17. 100 but ≤ 200 miles from of the project area = 7 points

18. 200 but ≤ 300 miles from of the project area = 4 points

19. > 300 miles from of the project area = 0 points

5%

6 Technical Merit

a) QA/QC Methods

b) Approach - scientific, technical, and analytical

c) Completeness of proposal

d) Clarity of proposal

e) Ability to meet time constraints

f) Adequately addresses project objectives

g) Experimental design adequately described ****optional item***

h) Demonstration of the usefulness of project results**optional item***

25%

7 Cost Effectiveness – (Cost Schedule shall be submitted in a separately sealed envelope. The Cost Schedule envelope shall be submitted along with the balance of the proposal package) The responsive and responsible Respondent who submits a Total Proposal Cost equal to or less than the District’s budget amount of $____________ for the first term, will receive a raw score from 10 to 5. The Respondent whose proposal is the lowest will receive a Cost Effectiveness score of 10. All other responses equal to or lower than the District’s budget will be scored proportionately using the following formula: Multiply the lowest score by 10, divide that amount by the next lowest amount to determine the Cost Effectiveness score. The minimum score allocated for Cost Effectiveness for Proposal Costs equal to or less than the District’s budget amount is 5.

Proposal Costs that are greater than the District’s budget amount will receive raw scores from 0 to 4. The Respondent whose proposal is the lowest over-budget will receive a Cost Effectiveness score of 4. The remainder of the over-budget proposals will be scored proportionately using the same formula described above except that the lowest over-budget score will be multiplied by 4 rather than 10.

25%

SUBTOTAL (Written Submittal and Oral Presentation) 100%

WEIGHTED MULTIPLIER x 80% x 20%

WEIGHTED SUBTOTAL (Written Submittal and Oral Presentation)

WEIGHTED SUBTOTAL (Written Submittal Score)

TOTAL (Weighted Subtotal of both the Written Submittal and Oral Presentation)

TOTAL 100%

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20. EXECUTION OF AGREEMENT

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

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

a. A performance and payment bond

b. A completed Internal Revenue Service Form W-9

c. Satisfactory evidence of all required insurance coverage

d. Proof satisfactory to the District of the authority of the person or persons executing the Agreement on behalf of Respondent

e. All other information and documentation required by the Agreement

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

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

21. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

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

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

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

22. DIVERSITY

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

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23. FLORIDA SALES TAX

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

24. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

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

25. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES

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

26. NOTICES AND SERVICES THEREOF

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

Notices that are posted on Onvia DemandStar and Vendor Registry are deemed received at 8:00 a.m. on the next business day following the date posted. Notices that are posted at the District’s Procurement Bulletin Board are deemed received at 8:00 a.m. on the next business day following the date of posting.

Notices will be posted for a minimum of 72 hours following the time at which they are deemed received.

The time period for filing a Notice of Protest pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, commences at the time notices are deemed received.

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

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27. PROTEST PROCEDURES

Pursuant to§120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the procurement methodology described herein, or the specifications or criteria, including addenda, must file a Notice of Protest within 72 hours after receipt of the solicitation documents or addenda.

Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by a District decision or intended decision to award a contract, or to reject all bids, proposals, or qualifications, must file a Notice of Protest within 72 hours after receipt of the decision or intended decision. Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.004, Fla. Admin. Code, the protester must also file with the District Clerk a Formal Written Protest within ten days after the date the Notice of Protest is filed with the District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based. Pursuant to §287.042(2)(c), Fla. Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the formal written protest a bond, cashier’s check, or money order made payable to the St. Johns River Water Management District in an amount equal to one percent (1%) of the estimated contract amount.

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

Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept as filed any electronically transmitted facsimile pleadings, petitions, Notice of Protest or other documents. Failure to file a protest within the time prescribed in §120.57(3), Fla. Stat., or failure to post the bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under chapter 120, Fla. Stat. Mediation under §120.573, Fla. Stat., is not available.

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FORMS

PROPOSAL FORM

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RESPONDENT:

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

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

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

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

Acknowledgment is hereby made of the following addenda (identified by number) received:

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title Fax number

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COST SCHEDULE

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Proposal to be opened at 2:00 p.m., November 28, 2022.

To: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

In accordance with the advertisement requesting proposals for the UNDERWATER SPRINGS DISCHARGE MEASUREMENTS AND SCIENTIFIC DIVING SERVICE, subject to the terms and conditions of the Agreement, the undersigned proposes to perform the Work for the price contained in the following schedule (fill in all blanks).

If said proposal exceeds the estimated amount previously provided, the District expressly reserves the right to increase, decrease, or delete any class, item, or part of the Work, as may be determined by the District.

Respondents are reminded to refer to “PREPARATION AND ORGANIZATION OF PROPOSAL DOCUMENTS” for information to be included with the proposal package.

Cost schedule continued to next page.

COST SCHEDULE

December 1, 2022, through September 30, 2023

District FY 22-23(December 1, 2022, through September 30, 2023)

Discharge Measurement, Computation, and Sample Collection Cost per Visit Apopka Spring (Gourdneck) Croaker Hole Spring

Removal & Downloading of Existing Data Loggers Cost Per Data Logger Apopka Spring Lake Apopka Croaker Hole

Installation of Data Logger at New Sites Cost Per Installation Installation of Data Logger at New Sites

Exchange (Removal & Installation) of Data Loggers at Existing/New Sites

Cost Per Exchange

Exchange of Data Loggers

Diving Services** Cost Per 2-person team per Day Diving Services

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District FY 23-24(October 1, 2023, through September 30, 2024) Discharge Measurement, Computation, and Sample Collection Cost per Visit Apopka Spring (Gourdneck) Croaker Hole Spring

Removal & Downloading of Existing Data Loggers Cost Per Data Logger Apopka Spring Lake Apopka Croaker Hole

Installation of Data Logger at New Sites Cost Per Installation Installation of Data Logger at New Sites

Exchange (Removal & Installation) of Data Loggers at Existing/New Sites

Cost Per Exchange

Exchange of Data Loggers

District FY 24-25(October 1, 2024, through September 30, 2025) Discharge Measurement, Computation, and Sample Collection Cost per Visit Apopka Spring (Gourdneck) Croaker Hole Spring

Removal & Downloading of Existing Data Loggers Cost Per Data Logger Apopka Spring Lake Apopka Croaker Hole

Installation of Data Logger at New Sites Cost Per Installation Installation of Data Logger at New Sites

Exchange (Removal & Installation) of Data Loggers at Existing/New Sites

Cost Per Exchange

Exchange of Data Loggers

Pursuant to §287.084(2) Fla. Stat., a vendor whose principal place of business is outside the State of Florida must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

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I HEREBY ACKNOWLEDGE, as Respondent’s authorized representative, that I have fully read and understand all terms and conditions as set forth in this proposal and upon award of such proposal, shall fully comply with such terms and conditions.

Date

Respondent (firm name)

Address

E-mail address

Signature Telephone number

Typed name and title Fax number

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PROPOSED SUBCONTRACTORS

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Respondent must submit with its Proposal a list of all known subcontractors who will participate in more than ten percent of the Work by providing the information requested below. Acceptance of the Proposal does not constitute approval of the subcontractors identified with the Proposal.

1. Name and address of subcontractor:

Description of work:

Estimated value of Work:

2. Name and address of subcontractor:

3. Name and address of subcontractor:

4. Name and address of subcontractor:

5. Name and address of subcontractor:

6. Name and address of subcontractor:

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CERTIFICATE AS TO CORPORATION

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The below Corporation is organized under the laws of the State of ; is authorized by law to respond to this Request for Proposals and perform all work and furnish materials and equipment required under the Agreement, and is authorized to do business in the state of Florida.

Corporation name:

Address:

Registration No.:

Registered Agent:

By:

(Official title) (Affix corporate seal)

Attest:

(Secretary)

The full names and business or residence addresses of persons or firms interested in the foregoing proposal as principals or officers of Respondent are as follows (specifically include the President, Secretary, and Treasurer and state the corporate office held of all other individuals listed):

Identify any parent, subsidiary, or sister corporations involving the same or substantially the same officers and directors that will or may be involved in performance of the Project, and provide the same information requested above on a photocopy of this form.

If applicable, attach a copy of a certificate to do business in the state of Florida, or a copy of the application that has been accepted by the state of Florida to do business in the state of Florida, for the Respondent and/or all out-of-state corporations that are listed pursuant to this form.

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AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF

MATERIAL CONFORMANCE WITH SPECIFICATIONS

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STATE OF

COUNTY OF

I, the undersigned, being first duly sworn, depose and say that:

1. I am the owner or duly authorized officer, representative, or agent of:

the Respondent that has submitted the attached proposal.

2. The attached proposal is genuine. It is not a collusive or sham proposal.

3. I am fully informed respecting the preparation and contents of, and knowledgeable of all pertinent circumstances respecting the attached proposal.

4. Neither Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham proposal in connection with the Agreement for which the attached proposal has been submitted, or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement, collusion, communication, or conference with any other Respondent, firm, or person to fix the price or prices in the attached proposal of any other Respondent , or to fix any overhead, profit, or cost element of the proposal prices or the proposal price of any other Respondent, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the District or any other person interested in the proposed Agreement.

5. The price(s) quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

6. No official or other officer or employee of the District, whose salary or compensation is payable in whole or in part by the District, is directly or indirectly interested in this proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits therefrom.

7. Any materials and equipment proposed to be supplied in fulfillment of the Agreement to be awarded conform in all respects to the specifications thereof. Further, the proposed materials and equipment will perform the intended function in a manner acceptable and suitable for the intended purposes of the District.

Signature:

Title:

Subscribed and sworn to before me this _______ day of _______________, 20 ___.

Notary Public, state of _________________ at Large

My commission expires:

(SEAL)

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QUALIFICATIONS — GENERAL

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As part of the proposal, Respondent shall complete the following so…