RFQ_38275_Characterization of Urban Runoff Water Quality in Upper St- Johns River-Lake Watersheds.pdf

RFQ 38275

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

CHARACTERIZATION OF URBAN RUNOFF WATER QUALITY IN UPPER ST. JOHNS

RIVER-LAKE WATERSHEDS

REQUEST FOR QUALIFICATIONS 38275

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., January 13, 2023. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, or the District by calling or emailing Amy Lucey, Senior Procurement Specialist, at 321-409-2156 or ALucey@sjrwmd.com. Responses will be opened at the Palm Bay Service Center, 525 Community College Parkway SE, Palm Bay, FL 32909.

This work entails the collection of surface water quality samples from canals and urban streams. The sampling emphasizes the time-critical phase of runoff following storm events or during prolonged high flow associated with high cumulative rainfall totals to focus on the conditions that are most conducive to potential nutrient mobility. Two approaches will be employed for the sample and data collection:

1. Storm runoff grab sampling will be performed at sites located in Central and South-Central Florida. Data collected under this regimen will create a data set representative of the water chemistry that constitutes the greater proportion of constituent load. For general planning purposes, storm grab samples are typically collected within 24 hours of the initiation of rainfall, though timing can depend on the size and flashiness of the watershed.

2. Sites that are anticipated to be associated with more detailed studies in their watersheds are to be instrumented with automated samplers to distinguish the changes in constituent concentrations through seasonal changes and within the storm hydrograph rising limb, peak flow and falling limb. Some of these sites may also be instrumented with rainfall and discharge sensors to calculate precipitation totals and runoff volume.

The estimated budget for the project is $200,000.00.

Fiscal Year: October 1, 2022 – September 30, 2023 ...... Amount: $ $50,000.00 Fiscal Year: October 1, 2023 – September 30, 2024 ...... Amount: $ $100,000.00 Fiscal Year: October 1, 2024 – September 30, 2025 ...... Amount: $ $50,000.00

Funding for each applicable fiscal year is subject to District Governing Board budgetary appropriation.

The District’s Evaluation Committee will meet at the Palm Bay Service Center, 525 Community College Parkway SE., Palm Bay, FL 32909, to evaluate and rank Submitttals as follows:

• 10:00 a.m. on January 26, 2023, to o Discuss the responses o Finalize the initial ranking

- 2 -o Determine a shortlist of Respondents

• 10:00 a.m., February 2, 2023, to o Negotiate final details and costs with the top-ranked Respondent — after negotiations have been completed, all Respondents will be notified in writing of the staff’s intended recommendation.

Special accommodations for disabilities may be requested through Amy Lucey, or by calling

(800) 955-8771 (TTY), at least five business days before the date needed.

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

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

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

3. WHERE TO DELIVER SUBMITTAL ............................................................................... - 4 -

4. OPENING OF SUBMITTALS ............................................................................................. - 4 -

5. PREPARATION AND ORGANIZATION OF SUBMITTALS ....................................... - 5 -

6. INQUIRIES AND ADDENDA ............................................................................................. - 7 -

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

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

9. SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................ - 8 -

10. DISQUALIFICATION OF RESPONDENTS .................................................................... - 8 -

11. REJECTION OF SUBMITTALS ........................................................................................ - 8 -

12. WITHDRAWAL OF SUBMITTAL .................................................................................... - 9 -

13. EVALUATION AND AWARD PROCEDURES ............................................................... - 9 -

14. EVALUATION CRITERIA ............................................................................................... - 10 -

15. EXECUTION OF AGREEMENT ..................................................................................... - 11 -

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

17. DIVERSITY ......................................................................................................................... - 11 -

18. FLORIDA SALES TAX ...................................................................................................... - 11 -

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

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

21. NOTICES AND SERVICES THEREOF .......................................................................... - 12 -

22. PROTEST PROCEDURES ................................................................................................ - 12 -

FORMS .................................................................................................................................................. - 14 - SUBMITTAL FORM ........................................................................................................................ - 14 - PROPOSED SUBCONTRACTORS ................................................................................................. - 15 - CERTIFICATE AS TO CORPORATION ........................................................................................ - 16 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ................................................................................. - 17 - QUALIFICATIONS — GENERAL .................................................................................................. - 18 - QUALIFICATIONS — SIMILAR PROJECTS ................................................................................ - 19 - QUALIFICATIONS — CLIENT REFERENCE .............................................................................. - 21 - DRUG-FREE WORKPLACE FORM ............................................................................................... - 23 - NO RESPONSE FORM..................................................................................................................... - 24 - AGREEMENT ................................................................................................................................. - 25 - ATTACHMENT A — STATEMENT OF WORK ........................................................................... - 43 - ATTACHMENT B — INSURANCE REQUIREMENTS ................................................................ - 50 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) .................... - 51 - ATTACHMENT D – CONTRACT PAYMENT REQUIREMENTS .......................................... - 52 -

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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 submittal provided by Respondent (the “Submittal”), and all required certifications and affidavits.

2. CONTRACT ADMINISTRATION

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

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

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

3. WHERE TO DELIVER SUBMITTAL

The Submittal must be submitted in a sealed envelope to:

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

OR responses may be uploaded directly to www.demandstar.com

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

SEALED SUBMITTAL — DO NOT OPEN

Respondent’s Name: _______________________________ Request for Qualifications: 38275 Opening Time: 2:00 p.m.

Opening Date: January 13, 2023

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 SUBMITTALS

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

http://www.demandstar.com/

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2:00 p.m., January 13, 2023 St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway SE, Palm Bay, FL 32909

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed Submittals 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 Submittals.

Unless otherwise exempt, Respondent’s Submittal is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Submittal 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 Submittal and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a Submittal for excessive or unwarranted assertion of trade secret confidentiality and return the Submittal to Respondent.

5. PREPARATION AND ORGANIZATION OF SUBMITTALS

Respondent must submit its response in “digital” 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. Submittal Form

b. Certificate as to Corporation

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

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

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

2. All blank spaces on the Submittal Form shall be typed or legibly printed in ink.

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

Tab 1: Firm’s and subcontractors’ qualifications, capabilities and availability of personnel to conduct work as presented in the Statement of Work

a) Resume or curriculum vitae for each Principal Investigator(s)/Project Manager(s) or co- Principal Investigator(s)/Project Manager(s) that documents academic credentials and experience relevant to the Statement of Work

b) Documentation for other personnel that details their qualifications and experience

c) Organizational structure for the entire team, including a project manager and statements of availability for all key personnel

d) District forms: Similar Project; General; Affidavit of Material Conformance; and

Subcontractors

e) Provide at least three client references for successfully completed/similar projects during the five years immediately preceding the date set for receipt of submittals

f) Is Respondent a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act

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Tab 2: Past and present experience on projects of this type

a) List of peer-reviewed journal articles or reports to agencies that are authored by the Principal Investigator(s)/Project Manager(s) or co-Principal Investigator(s)/Project Manager(s) and relevant to the Statement of Work

b) Description of field and laboratory capabilities that pertains to the Statement of Work

c) Description of experience with projects of this size and duration.

Tab 3: Project Management

a) Staff allocation

b) Management methods

c) Willingness and ability to meet time/budget constraints and the Statement of Work requirements

Tab 4: Location of managing firm/project manager relative to:

Location of managing firm/project manager relative to the Upper St. Johns Basin

Higher consideration will be given to firms whose managing firm/project manager is located nearest to the project area. (The District has selected Melbourne, Florida as the reference point for distance calibration purposes.) The website MapQuest.com (using the “Shortest” route type) should be utilized to determine mileage. The District will award points as follows:

• Within 0-100 miles of the project area = 5 points

• > 100 but ≤ 200 miles from of the project area = 3.5 points

• > 200 but ≤ 300 miles from of the project area = 2 points

• > 300 miles from of the project area = 0 points

4. Respondent is encouraged to include as much pertinent data and information under each section as necessary to ensure proper evaluation of its qualifications. Each section shall be evaluated separately on its own merit.

5. Respondent must follow all procedures for electronic submission or the Respondent’s Submittal may be determined as “non-responsive” and rejected.

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

7. All of the forms and questionnaires in the Request for Qualifications package are available upon request in Microsoft® Word to aid the Respondent in providing its Submittal in electronic format.

8. The file-naming conventions for the Submittal shall include:

a) Submittal: RFQ # Respondent’s name (abbreviated) Due Date

(Example: RFQ _____ ABC Company 11-11-15)

9. The Submittal must include a separator page between each “Tabbed” section:

a) Example: Tab 1 – Background and Qualifications

10. All electronically submitted files shall be saved to a single pin/thumb/jump drive. The pin/thumb/jump drive MUST be placed in a sealed envelope pursuant to the instructions under item 3 for sealed responses - DO NOT SUBMIT YOUR RESPONSE BY EMAIL —

THIS WILL RESULT IN THE SUBMITTAL BEING REJECTED AS NON-

RESPONSIVE.

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11. Please do NOT password protect your files. The District recommends that Respondents confirm their Submittal will open correctly on a non-company owned computer. Any electronic submittal received by the District that does not open on a District-owned computer is subject to rejection as a defective response.

If you need assistance or have any questions about the format, please email or call Amy Lucey at ALucey@sjrwmd.com or 321-409-2156.

In the event you decline to submit a Submittal, 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 Submittal.

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 Qualifications documents, but the Respondent is ultimately responsible for submitting the Submittal 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 Submittals in order to be considered. Requests may be submitted by fax at 321-722-5357 or by email at ALucey@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Submittals.

Submission of a Submittal constitutes acknowledgment of receipt of all addenda. Submittals 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 Submittal, as submitted. All addenda become part of the Agreement.

7. BUDGET

The estimated budget for the Work is $200,000.00. 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 Submittals 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 Submittal 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 three projects of a similar nature (Characterization of Urban Runoff Water Quality) within the five years immediately preceding the date for receipt of Submittals. Each project must have had a project value of at least $50,000.00.

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b. Respondent must have no less than seven 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 Submittal 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. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Response must sign his/her name therein and state his/her address and the name and address of every other person interested in the Submittal as principal. If a firm or partnership submits the Submittal, state the name and address of each member of the firm or partnership. If a corporation submits the Submittal, an authorized officer or agent must sign the Submittal, subscribing the name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida. Respondent must certify that all persons or entities having an interest as principal in the Submittal or in substantial performance of the Work have been identified in the Submittal forms.

10. DISQUALIFICATION OF RESPONDENTS

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

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 Submittal 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 Submittal;

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.

11. REJECTION OF SUBMITTALS

Submittals must be delivered to the specified location and received before the Submittal opening in order to be considered. Untimely Submittals will be returned to the Respondent unopened. Submittals will be

- 9 -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 Submittal 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 Submittal.

The District reserves the right to reject any and all Submittals 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.

12. WITHDRAWAL OF SUBMITTAL

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

13. EVALUATION AND AWARD PROCEDURES

a. Submittals 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 Submittals and their individual evaluations. Each committee member completes an evaluation form, from which the overall ranking of Submittals 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 Submittals and concurrently provides notice of its intent to reissue the competitive solicitation, any recordings or records presented at any exempt meeting relating to the solicitation shall remain exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all Submittals.

d. 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.

e. The Committee will meet to evaluate and rank the Submittals in the location(s), time(s) and date(s), stated at the beginning of this Request for Qualifications package.

f. Contract negotiations will then commence with the Respondent submitting the highest-ranked Submittal. If negotiations fail with the highest-ranked Respondent, negotiations will proceed with the other Respondents in ranked order.

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g. The Agreement will be awarded to the Respondent having the highest ranked Submittal, 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 this Request for Qualifications that the District deems in its best interest.

h. If two or more Submittals 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. The District reserves the right to award the Agreement to the next highest ranked and available Respondent in the event the Successful Respondent fails to enter into the Agreement, or the Agreement with said Respondent is terminated within 90 days of the effective date.

j. 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.”

14. EVALUATION CRITERIA

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

Weight Written Submittal

Score

1 Respondent’s and its subcontractors’ qualifications, capabilities and availability of personnel to conduct work as presented in the Statement of Work

a) Resume or curriculum vitae for each Principal Investigator(s)/Project Manager(s) or co-Principal

Investigator(s)/Project Manager(s) that documents academic credentials and experience relevant to the Statement of Work

b) Documentation for other personnel that details their qualifications and experience

c) Organizational structure for the entire team, including a project manager and statements of availability for all key personnel

d) District forms: Similar Project; General; Affidavit of Material Conformance; and Subcontractors

e) Provide at least three client references for successfully completed/similar projects during the five years immediately preceding the date set for receipt of submittals

f) Is Respondent a certified minority business enterprise as defined by the Florida Small and Minority

Business Assistance Act

40%

2 Past and present experience on projects of this type

a) List of peer-reviewed journal articles or reports to agencies that are authored by the Principal

Investigator(s)/Project Manager(s) or co-Principal Investigator(s)/Project Manager(s) and relevant to the Statement of Work

b) Description of field and laboratory capabilities that pertains to the Statement of Work

c) Description of experience with projects of this size and duration

40%

Project Management

a) Staff allocation

b) Management methods

c) Willingness and ability to meet time/budget constraints and the Statement of Work requirements

15%

4 Location of managing firm/project manager relative to the Upper St. Johns Basin Higher consideration will be given to firms whose managing firm/project manager is located nearest to the project area. (The District has selected Melbourne, Florida as the reference point for distance calibration purposes.) The website MapQuest.com (using the “Shortest” route type) should be utilized to determine mileage. The District will award points as follows:

• Within 0-100 miles of the project area = 5 points

• > 100 but ≤ 200 miles from of the project area = 3.5 points

• > 200 but ≤ 300 miles from of the project area = 2 points

• > 300 miles from of the project area = 0 points

5%

TOTAL 100%

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15. EXECUTION OF AGREEMENT

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

Unless all Responses 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 completed Internal Revenue Service Form W-9

b. Satisfactory evidence of all required insurance coverage

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

d. 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.

16. 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 Submittal. 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.

17. 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.

18. 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 Qualifications is intended to remain tangible personal property and not become part of a public work owned by the District.

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19. 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.

20. 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.

21. 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 the date and time the notice is posted. Notices that are posted at the District’s Procurement Bulletin Board are deemed received 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.

22. 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

- 13 -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

SUBMITTAL FORM

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RESPONDENT:

The undersigned, as Respondent, hereby declares and certifies that the only person(s) or entities interested in this submittal 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 submittal or in the Agreement to be entered into; that this submittal is made without connection with any other person, company, or parties making a submittal; and that this submittal 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 submittal 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 submittal 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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PROPOSED SUBCONTRACTORS

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Respondent must submit with its Submittal 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 Submittal does not constitute approval of the subcontractors identified with the Submittal.

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 Qualification 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 submittal 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 submittal.

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

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

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 submittal in connection with the Agreement for which the attached response has been submitted, or to refrain from submitting 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 submittal of any other Respondent, or to fix any overhead, profit, or cost element of the submittal prices or the submittal 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 attached submittal is 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 submittal, 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 submittal, Respondent shall complete the following so that the District can determine Respondent’s ability, experience, and facilities for performing the Work.

Name of Respondent:

Year company was organized/formed:

Number of years Respondent has been engaged in business under the present firm or trade name:

Total number of years Respondent has experience in similar Characterization of Urban Runoff Water Quality is work described in the INSTRUCTIONS TO RESPONDENTS:

Has Respondent previously been engaged in the same or similar business under another firm or trade name?

If so, please describe each such instance.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting this submittal or a prior entity that Respondent substantially operated or controlled? If yes, please describe the nature and result of those proceedings and the entity involved.

Describe the background/experience of the person or persons who will be primarily responsible for directing the Work that will be performed pursuant to this submittal. This inquiry is intended to encompass the project manager and/or superintendent who will be engaged on a daily basis in directing performance of the Work.

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QUALIFICATIONS — SIMILAR PROJECTS

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Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least three similar projects within the five years immediately preceding the date set for receipt of the response, as described in the INSTRUCTIONS TO RESPONDENTS. Each project shall have had a project value of at least $$50,000.00. (Add additional sheet for optional additional completed projects.)

Completed Project 1:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Fax: _________________ Email:

Address of agency/company:

Name of project:

Description:

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year)

Name(s) of assigned personnel:

Project manager:

Others:

Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Fax: _________________ Email:

Address of agency/company:

Name(s) of assigned personnel:

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Completed Project 3:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Fax: _________________ Email:

Address of agency/company:

Name(s) of assigned personnel:

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QUALIFICATIONS — CLIENT REFERENCE

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Respondent shall provide three client references, which may include the similar projects listed above. No more than one reference shall be from the District. (For similar projects listed above, simply state “Similar Project No. ___.”) 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.