RFQ 40758_Water_Control_Underwater_Inspection.pdf

RFQ #40758

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

WATER CONTROL STRUCTURE UNDERWATER INSPECTIONS

REQUEST FOR QUALIFICATIONS 40758

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 15, 2025. Further information is available through DemandStar at Demandstar.com, Vendor Registry at Vendorregistry.com, the state of Florida’s MyFloridaMarketPlace at myfloridamarketplace.com, Central Bidding at centralauctionhouse.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, MyFloridaMarketPlace, Central Bidding, or the District by emailing Breanna Pierce, Procurement Specialist, at bpierce@sjrwmd.com. Responses will be opened in Conference Room 147, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177-2571.

Project Description The objective of the project (Project) is to inspect all underwater culvert/structures identified in Attachment A – Statement of Work, Appendix A - Underwater Inspection List, to assess their current condition and provide critical information for repair and maintenance activities. Inspection Reports will be supplied to the United States Army Corps of Engineers (USACE).

Consultant shall provide an underwater inspection team and qualified divers to inspect all structure elements which are primarily below-water. The underwater inspection team shall include individuals qualified by experience and training in the inspection, design, construction and understanding of the operation of flood control structures. A minimum of one (1) member of the inspection team shall be a professional engineer licensed in the State of Florida under Chapter 471, Florida Statute. The professional engineer, as a member of the inspection team, shall be responsible for the overall underwater inspection findings and recommendations.

All dive operations shall meet the requirements and qualifications of OSHA 29 CFR Part 1910, Subpart T - Commercial Diving Operations. Underwater inspectors must be familiar with the principles of general civil, geotechnical, structural, electrical and mechanical engineering.

In addition to OSHA 29 CFR Part 1910, Consultant shall ensure that all other applicable federal and state safety regulations are met. This includes providing staff and equipment to meet the requirements.

Structure underwater inspections shall be based on USACE’s manual EM 1110-2-2902 Conduits, Pipes, and Culverts Associated with Dams and Levee Systems, Chapter 6: Inspections, Condition Assessments, and Prioritized Mitigation Plans. Other federal or industry standards of practice may be utilized for specific activities if appropriate. The following list presents a partial listing of inspection standards; other standards may also apply. Consultant shall use the most recent version of referenced standards.

Underwater Inspection of Bridges FHWA-NHI-10-027; U.S. DOT/FHWA

Underwater Investigations Standard Practice Manual, Level 1 Inspections, American Society of Civil Engineer’s (ASCE)

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NON-MANDATORY PRE-BID CONFERENCE

A Non-Mandatory Pre-Bid Conference is scheduled for January 7, 2025, at 11:00 AM, at the Fellsmere Grade Recreation Area parking lot, 16955 Fellsmere Grade Road, Fellsmere, Florida 32948.

The purpose of the pre-bid conference is to allow potential bidders an opportunity to review the project area and to present questions to staff and obtain clarification on the requirements of the bid documents. For mandatory pre-bid conferences, the District will only accept bids from those firms attending the pre-bid conference.

The District will conduct the RFQ process as follows:

Date Description 11:00 am, January 7, 2025 Non-Mandatory Pre-Bid Conference 2:00 pm, January 15, 2025 Submittals due January 23, 2025 Evaluation Committee meets to review the Submittals January 28, 2024 District Issues Notice of Intended Decision (NOID) notifying Respondents of

Rankings February 11, 2025 District Governing Board consideration to approve a ranking of designated firms and competitive negotiations be instituted February 13, 2025 District enters into cost negotiations with the highest-ranked Respondent. Additional negotiations, if any, shall take place with the other Respondents in ranked order.

Any Submittal (defined herein) received after the date and time stated will not be considered and will be returned to Respondent unopened. The District reserves the right to waive any minor deviations in an otherwise valid Submittal to the solicitation process and to reject any or all Submittals to this Request For Qualifications.

This solicitation is issued subject to the legal requirements established under Consultants’ Competitive Negotiation Act, §287.055, Fla. Stat., and Rules 40C-1.709 – 40C-1.718, F.A.C.

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

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SUBMITTAL CHECKLIST

This Submittal Checklist is provided for the convenience of Respondent and shall not be relied upon in lieu of the instructions or requirements of this solicitation. To ensure that the Submittal is complete and to maximize the number of points Respondent may receive, please review the following items to confirm that they have been addressed and are included in the Submittal. Do not return this checklist with your Submittal.

QUALIFICATION SUBMITTAL

Has Respondent met the submission deadline established in the solicitation?

Does the electronic file contain all required documentation to meet the requirements stated in the solicitation documents?

Is Respondent in good standing with the Florida Secretary of State (corporations and partnerships)?

Has Respondent prepared, organized, and completed the Submittal correctly?

Transmittal Letter/Letter of Interest.

Tab 1 – Respondents’ and subconsultants’ overall capabilities to conduct work as presented in the Statement of Work.

Tab 2 – Past and present experience on projects of this type.

Tab 3 – Key Personnel and Project Management.

Tab 4 – Location of Respondent’s project manager to the District's Palm Bay Service Center.

Tab 5 – Volume of District work previously awarded to Respondent.

Tab 6 – Additional Information.

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TABLE OF CONTENTS

INSTRUCTIONS TO RESPONDENTS ................................................................................................... - 5 -

1. INTRODUCTION ................................................................................................................. - 5 -

2. DEFINITIONS ...................................................................................................................... - 5 -

3. CONTRACT ADMINISTRATION ...................................................................................... - 5 -

4. WHERE TO DELIVER SUBMITTAL ................................................................................. - 5 -

5. OPENING OF SUBMITTALS.............................................................................................. - 6 -

6. PREPARATION AND ORGANIZATION OF THE SUBMITTAL .................................... - 6 -

7. FORMS AND MINIMUM QUALIFICATIONS ................................................................. - 7 -

8. INQUIRIES AND ADDENDA ............................................................................................. - 9 -

9. BUDGET ESTIMATE ........................................................................................................ - 10 -

10. MINIMUM QUALIFICATIONS ........................................................................................ - 10 -

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

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

13. REJECTION OF SUBMITTAL .......................................................................................... - 12 -

14. DIVERSITY OPPORTUNITY ........................................................................................... - 12 -

15. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ..................... - 12 -

16. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -

F.S.287.05701 ...................................................................................................................... - 13 -

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

18. FLORIDA SALES TAX ..................................................................................................... - 13 -

19. EVALUATION CRITERIA ................................................................................................ - 14 -

20. EVALUATION AND AWARD PROCEDURES ............................................................... - 16 -

21. WITHDRAWAL OF SUBMITTAL ................................................................................... - 17 -

22. EXECUTION OF AGREEMENT ....................................................................................... - 17 -

23. NOTICES AND SERVICES THEREOF ............................................................................ - 17 -

24. PROTEST PROCEDURES ................................................................................................. - 17 -

FORMS ....................................................................................................................................................... - 19 - SUBMITTAL FORM .............................................................................................................................. - 19 - PROPOSED SUBCONSULTANTS ....................................................................................................... - 20 - CERTIFICATE AS TO CORPORATION .............................................................................................. - 21 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS....................................................................................... - 22 - QUALIFICATIONS — GENERAL ....................................................................................................... - 23 - QUALIFICATIONS — SIMILAR PROJECTS...................................................................................... - 24 - QUALIFICATIONS — CLIENT REFERENCE .................................................................................... - 27 - DRUG-FREE WORKPLACE FORM ..................................................................................................... - 30 - NO RESPONSE FORM .......................................................................................................................... - 31 -

DRAFT AGREEMENT ............................................................................................................................ - 32 - ATTACHMENT A — STATEMENT OF WORK ................................................................................. - 51 - ATTACHMENT B — INSURANCE REQUIREMENTS ..................................................................... - 87 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) .......................... - 88 - ATTACHMENT D — CONTRACT PAYMENT REQUIREMENTS .................................................. - 88 -

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INSTRUCTIONS TO RESPONDENTS

1. INTRODUCTION

This Request for Qualifications (“Solicitation”) to provide Water Control Structure Underwater Inspections (“Services”) invites Responses (the words, “Response” and “Submittal” have the same meaning in these documents) according to the requirements set forth in this Solicitation, Through this RFQ, the District is seeking to procure a qualified and experienced professional, as contemplated in §287.055, Fla. Stat.

Respondents understand and agree that any expenditure they make in preparation and delivery of their Submittals or in the performance of any services requested by the District in connection with the Submittals or in response to this RFQ, are exclusively at the expense of the Respondents. In addition, the District shall not pay or reimburse any expenditure or other expense incurred by any Respondent for the following:

(a) Anticipation of an award of a contract;

(b) Maintenance of licensure and qualifications, if a contract is awarded; or

(c) Administrative or judicial proceedings resulting from the solicitation process.

2. 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, and all required certifications and affidavits.

3. CONTRACT ADMINISTRATION

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

Breanna Pierce, Procurement Specialist Phone: (386) 329-4592 Email: bpierce@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 Submittal.

4. WHERE TO DELIVER SUBMITTAL

Respondent must submit its response either by uploading to DemandStar or Central Bidding or in “digital format”. Instructions for submitting are provided below.

Submittals can be uploaded directly to www.demandstar.com OR to www.centralbidding.com, NOT

BOTH; OR

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Digital Submittals can be mailed or hand-delivered in a sealed envelope. For digital Submittals, 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: 40758 Opening Time: 2:00 P.M.

Opening Date: January 15, 2025

Breanna Pierce, Procurement Specialist Attn: Office of Financial Services St. Johns River Water Management District 4049 Reid St.

Palatka, FL 32177-2571

DO NOT SUBMIT YOUR SUBMITTAL BY EMAIL — THIS WILL RESULT IN THE SUBMITTAL

BEING REJECTED AS NONRESPONSIVE.

5. OPENING OF SUBMITTALS

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

January 15, 2025, 2:00 P.M.

St. Johns River Water Management District Headquarters 4049 Reid Street, Palatka, Florida 32177-2571

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed submittals and 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 submittals or proposals.

Unless otherwise exempt, Respondent’s Submittal are public records 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.

6. ELECTRONIC SUBMISSION OF QUALIFICATIONS

Respondent must submit its Qualifications Submittal in “electronic” format. The District recommends that Respondents confirm the files on the pin/flash/thumb drive 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. Instructions for submitting are below.

All electronically submitted files shall be saved to a pin/flash/thumb drive. The pin/flash/thumb drives MUST be placed in separate sealed envelopes pursuant to the instructions under “WHERE TO DELIVER QUALIFICATIONS” for sealed responses — DO NOT SUBMIT YOUR RESPONSE BY

EMAIL — THIS WILL RESULT IN THE QUALIFICATIONS SUBMITTAL BEING

REJECTED AS NON-RESPONSIVE.

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a. All blank spaces on the District-provided forms and documents must be typewritten or legibly printed in ink.

b. In the event you decline to submit a Qualifications 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 Qualifications Submittal.

All of the forms and questionnaires in the RFQ solicitation package are available upon request in Microsoft® Word to aid the Respondent in submitting its Qualifications Submittal.

Do NOT password protect the pin/flash/thumb drive or your files. Use a naming convention similar to those show below for each pin/flash/thumb drive.

RFQ Qualifications Submittal: RFQ # Respondent’s name (abbreviated) Due Date Example: “RFQ 12345 ABC Venture LLC. 01-01-2000

7. PREPARATION AND ORGANIZATION OF THE SUBMITTAL

It is Respondent’s responsibility to include information in its Response to present all relevant qualifications and other materials. The Response, however, should not contain standard marketing or other general materials. The requirements set forth below represent the minimum content for the Response. It is the Respondent’s responsibility to modify such standard marketing or general materials so that only directly relevant information is included in the Response.

Tab 1 – Respondents’ and subconsultants’ overall capabilities to conduct work as presented in the Statement of Work. (Respondent must complete all District-provided forms and provide required documents shown below.)

NOTE: Do not alter or revise any of the District’s forms other than to add the information requested.

(a) Submittal Form

(b) Proposed Subconsultants Form

(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)

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

(g) Florida business licenses for Respondent and Subconsultants

(h) Florida Professional Engineer’s licenses issued by the Florida Board of Professional Engineers for the Engineer of Record and the lead/project engineer, and a copy of all other professional and business licenses required for other project staff and Respondent.

The Engineer of Record and lead/project engineer may be either two separate individuals or the same person. Failure to provide copies of such licenses may result in Respondent being deemed non-responsible.

(i) Copies of Scuba Diving Certification for each diver.

(j) Evidence of the number of employees currently employed by Respondent and its subconsultants; and Respondent’s and its subconsultant’s average annual volume of work for the past three years.

In addition to the above, the Respondent is responsible for providing evaluative documentation that it and its subcontractors (if any) possess the qualifications, background, and experience necessary to perform the Work, including but not limited to:

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• The principles of general civil, geotechnical, structural, electrical and mechanical engineering and the means for performing underwater structure inspections within designated time limits.

All required forms must be completed. Respondents may not modify or alter the forms.

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

No forms are provided for this criterion — however, the Respondent is responsible for providing information to document its and its subcontractors’ past and present experience.

(a) List three (3) projects, for which your firm has provided services which are most related to the type of services required for this project. In determining which projects are most related, consider size and complexity; how many members of the proposed team worked on the projects; and how recently the projects were completed/started. List the projects in priority order, with the most related first.

For each of the above three (3) listed projects, provide the following information: location, construction cost (original GMP and final contract amount), current phase of development, original and actual (or projected) completion date, type of services provided, owner’s contact person and telephone number, and the project manager name and telephone number.

(b) Submit a brief summary (NTE three pages) of the approach Respondent typically uses to accomplish similar projects within similar project timeframes. The summary should include an outline of the steps, methods, and procedures utilized to complete projects as described in the Statement of Work. The approach should reflect previous experience and current knowledge of the specifications, and other project components used in projects such as the one described in the Statement of Work.

(c) Include additional information to detail the expertise of the firm and key personnel (assigned to this project), and any subcontractors, in similar projects. Describe current and completed work performed by firm and key personnel on similar projects that have utilized alternative methodologies, specifically:

(d) Details on experience in obtaining, processing and delivering end products. Include examples of previous deliverables as appropriate.

(e) With regard to similar completed and current work, provide a written synopsis on

1. problems encountered;

2. solutions employed to resolve problems;

3. lessons learned and how to avoid these issues in the future.

Tab 3 – Key Personnel and Project Management

No forms are provided for this criterion — however, the Respondent is responsible for providing evaluative documentation that

• Identifies Respondent’s key personnel (project manager, engineer, and on-site superintendent). Include all of the following information:

1. Functions and availability of key personnel.

2. Documentation of required years of experience applicable to the Project.

a) The Engineer or Record and lead engineer shall have at least ten years of experience on projects of a similar nature.

3. Contact information.

4. Resumes for all key personnel.

5. Description of prior roles and responsibilities in past projects

(projects of a similar nature are preferred and will receive additional consideration)

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6. Project management approach for inspection, design, construction and operation of licensed flood control structures. Include descriptions of how your firm typically manages projects (software used, etc.)

• Demonstrates it has the necessary project management skills and contingency procedures to assure the District that it is capable of successfully performing the Work in a timely and cost-effective manner within the established budget

• Details the recent, current and projected workloads of the firm and what impact these workloads will have on the performance of the Work on this contract; and

• Justifies the Respondent’s technical approach for performing the Work, whether through traditional means or through novel means (alternative methodologies). All things being otherwise equal, those Respondents who include well-reasoned and thoroughly vetted approaches and who will guarantee results within the accuracy or tolerances required by the Statement of Work, will receive higher scores.

Tab 4 – Location of Respondent’s project manager relative to the District’s Palm Bay Service Center.

Location of Respondent’s company shall be judged in relation to the project area and higher consideration will be given to those that are in closer proximity due to the requirement for timely fieldwork.

Tab 5 –Volume of District work previously awarded to Respondent.

No forms are provided for this criterion — however, the Respondent is responsible to submit documentation as to the volume of work (in dollars) awarded by the District to firm in the past three years, including contracts, work orders and purchase orders.

Tab 6 – Additional Information.

• 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. Each section shall be evaluated separately on its own merit.

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

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).

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

Example: Tab 1 – Background and Qualifications

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

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

REQUIRED MATERIALS; OR (3) OTHERWISE FAILING TO COMPLY WITH INSTRUCTIONS

FOR PREPARATION AND ORGANIZATION OF SUBMITTAL

8. 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

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Respondents in referring to any applicable provision in the solicitation 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 the opening of the Submittal to be considered. Requests should be submitted by email at bpierce@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by the solicitation advertising portals identified on Page 1 to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of the Submittal.

Submission of a Submittal constitutes acknowledgment of receipt of all addenda and construed as though all addenda have been received. Failure of the Respondent to receive any addenda does not relieve Respondent from any and all obligations under the Submittal as it was submitted. All addenda become part of the Agreement.

9. BUDGET ESTIMATE

The District’s estimate for the scope of work is $300,000.

This 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 estimate about the total funds available for the Work. The District retains the right to adjust the estimated budget in awarding the Agreement. The District also reserves the right to reject all Submittals that are over the budget estimate. In addition, the District reserves the right to increase, decrease, or delete any class, item, or part of the Work 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.

10. MINIMUM QUALIFICATIONS

Respondent must use and complete the “Qualification” forms (General, Similar Projects, and Client References) provided in these documents toward documenting its minimum qualifications. If Respondent fails to include these forms and the documentation requested below, Respondent’s Submittal may be considered non-responsive. The following items shall constitute the minimum requirements:

a. Respondent (or a combination of the firm, individual, or project manager assigned to the work) or Respondent’s subconsultant must have successfully completed at least three (3) underwater structure inspections within the past five (5) years immediately preceding the deadline date for receipt of Submittals for this solicitation. (Respondent must use form Qualifications – Similar Projects provided under the section “FORMS”; include under Tab 1)).

b. Respondents’ are required to supply divers for the underwater inspection team and must include individuals qualified by experience and training in the inspection, design, construction and operation of licensed flood control structures. At least one member must be a professional engineer licensed in the State of Florida under Chapter 471, Florida Statutes.(Respondent must provide documentation of licenses; include under Tab 1).

c. Respondent (or a combination of the firm, individual, or project manager assigned to the work), or Respondent’s subconsultant must have no less than five (5) years of experience in underwater structure inspections immediately preceding the deadline date for receipt of Submittals for this solicitation. (Respondent must use form Qualifications – General provided under the section “FORMS”; include under Tab 1).

d. Respondent AND any proposed subconsultant must provide three (3) client references for successfully completed similar projects listed in response to subparagraph (a) under MINIMUM QUALIFICATIONS during the past five (5) years. Client references for District projects are limited to one from the District. (Respondent must use form

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Qualifications – Client Reference provided under the section “FORMS”; include under Tab 1).

e. Respondent must provide resumes for all personnel it will assign to this Project, including the names and functions of personnel assigned, special expertise, and any certifications relevant to the work. If a District project is cited, do not request a letter from District staff.

The evaluation team will use the project’s closeout documents in lieu of a letter of reference and may consult with the District project manager. (Respondent provided documentation; include under Tab 3)

f. Respondent must be licensed to do business in the state of Florida. (Respondent provided documentation must be included with its Submittal include under Tab 1).

(Respondent-provided documentation outside of minimum requirements above; label and include under Tab 6)

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.

11. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Submittal must sign his/her name therein and state his/her address and the name and address of every other person interested in the submission as principal. If a firm or partnership provides the submission, state the name and address of each member of the firm or partnership. If a corporation provides the submission, an authorized officer or agent must sign the submission 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 submission or in substantial performance of the Work have been identified.

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

(g) Respondent has failed or is failing to adequately perform on any contract with the District (regardless of whether or not such performance failure has been cured), including without limitation: (1) a

- 12 -material breach thereof; (2) a failure to complete work in a timely manner or within the contract price when such failure is attributable to the actions or inactions of Respondent or Respondent’s subconsultants or suppliers, which may or may not result in the District issuing a cure notice;

(3) substandard quality of work, which may or may not result in a violation of a law, regulation, or building code; (4) any failure to cooperate with the District during performance of the contract; or

(5) evidence of financial instability or irresponsibility, as may be indicated through notice of non-payment of claims or liens filed against Respondent’s bond or the District by Respondent’s subconsultants or suppliers.

(h) Respondent has defaulted on a previous contract with the District or other public entity, which may be evidenced by a successful claim on Respondent’s performance or payment bond due to the default.

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

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

13. REJECTION OF SUBMITTAL

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

Submittals will be considered irregular and may be rejected if they show material omissions, alterations of forms, additions not called for, conditions, limitations, or other material irregularities. The District reserves the right to waive any minor deviations or irregularities in an otherwise valid submission.

The District reserves the right to reject any and all submissions and cancel this solicitation when it determines, in its sole judgment and discretion, that it is not in its best interest to award the Agreement.

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.

14. DIVERSITY OPPORTUNITY

The District is committed to the opportunity for diversity in its procurement activities and encourages its vendors (consultants and suppliers) 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 subconsultants. The District will assist the Successful Respondent by sharing information on W/MBEs.

15. 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.

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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.

16. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S.287.05701

Notice is hereby provided that pursuant to Section 287.05701, Florida Statutes, the District (1) will not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder and (2) may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

17. 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 consultant, contractor, supplier or subconsultant 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.

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

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19. EVALUATION CRITERIA

Responses will be evaluated using the evaluation criteria below. The evaluation rating scale for the Submittal are as follows:

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

Tab Criteria

Weight

Written Submittal

Raw Score

Written Submittal Weighted

Total 1 Respondent’s and subconsultants’ capabilities to conduct the

Work as presented in the Statement of Work

• Knowledge of subject and project area.

• Understanding of problems, objectives and work.

• Past performance of the firm in general and proposed key project personnel on performance of contracts of this type. Not limited to past work with the District.

• Ability to meet District needs and perform the Work

• Equipment and availability

• Provide a list of the firm’s projected workload for the duration of the project.

• Provide three (3) client references for successfully completed/similar projects similar in structure (Underwater Inspections) during the past five (5) years.

• Has Respondent been certified by the state of Florida’s Office of Supplier Diversity as a woman-, veteran-, or minority-owned business enterprise.

• Has the applicant been certified as a small business, and if so, who provided the certification?

• Number of employees currently employed by Respondent and its subconsultants; and Respondent’s and its subconsultant’s average annual volume of work for the past three years.

35%

2 Past and present experience on projects of this type

• Experience with similar underwater inspections

• Size and complexity of similar projects

• Number of project team members who worked on similar projects

• How recently projects were completed/started

• Completeness of requested information including: location, construction cost (original GMP and final contract amount), current phase of development, original and actual (or projected) completion date, type of services provided, owner’s contact person and telephone number, and the project manager and telephone number.

• Project approach Additional information included to document Respondent’s expertise in past and present similar projects.

35%

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3 Key Personnel and Project Management

• Technical qualifications and experience of proposed key personnel in Underwater Inspections, include; individual resumes, licenses, time in the industry, and contact information.

• Staff allocation; how much time your staff has available to work on this project.

• Management methods. Willingness and ability to meet time/budget constraints.

20%

4 Location of Respondent’s project manager relative to the District’s Palm Bay Service Center. 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 = 10 points

• > 100 but ≤ 200 miles from of the project area = 7 points

• > 200 but ≤ 300 miles from of the project area = 4 points

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

5%

5 Volume of District work previously awarded to Respondent Submit documentation as to the volume of work (in dollars) awarded by the District to firm in the past three years, including contracts, work orders, and purchase orders. Points will be allocated from 0 to 10 with Respondents with higher previous awarded contract totals since September 26, 2021, through the submittal date of this RFQ, receiving fewer award points.

Respondents with no previous work awards may receive the highest allocation of points (10), while the Respondent with the highest previous work awarded will receive zero points. The District shall rely on its official financial records to resolve any discrepancies. Checks issued by the District on or prior to the date submittals are received shall be included in this total even if Respondent has not yet received the payment.

The formula for allocation of previous work award points will be calculated as follows: The Respondent with the highest total of previous work awarded represents the Allocation Basis Total (ABT); then, the ABT less the Previous Work Awarded divided by the ABT will be multiplied by 10 (the highest number of points awarded); points allocated will be rounded and expressed in single decimal point level.

5%

SUBTOTAL: Written Submittal 100

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20. EVALUATION AND AWARD PROCEDURES

(a) Submittals will be evaluated by an Evaluation Committee (Committee) based upon the criteria and weighting set forth in “EVALUATION CRITERIA.” The Committee will meet at District headquarters or another location as appropriate to discuss the Submittals and their evaluations. Each Committee member will complete an evaluation form for each Respondent, from which the overall ranking of Submittals will be complied. Evaluation forms may be submitted at or subsequent to the Committee meeting.

(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), Fla. Stat., 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), Fla. Stat., 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 to the Governing Board for approval and that competitive negotiations be instituted, except for those instances in which the authority to negotiate, 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.

(e) Contract negotiations will then commence with the highest-ranked Respondents. If negotiations fail with the highest-ranked Respondent, negotiations will proceed with the other Respondents in ranked order.

(f) If two or more submissions 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 whose Proposal contains commodities manufactured, grown, or produced within the state of Florida pursuant to §287.082, Fla. Stat.; or (3) by lot.

(g) The Agreement will be awarded to the highest-ranked Respondent, 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 solicitation that the District deems in its best interest.

(h) The District reserves the right to award the Agreement to the next highest-ranked 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.

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

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

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21. 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 Submittal. Respondent may be permitted to withdraw its Technical Proposal no later than 72 hours after the Submittal opening for good cause, as determined by the District in its sole judgment and discretion.

22. EXECUTION OF AGREEMENT

The submission of a Submittal binds the Successful Respondent to perform the Work upon acceptance 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; and

(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…