Two-Step IFB 37843 BC WRD Pipeline Final.pdf

THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

BLACK CREEK WATER RESOURCE DEVELOPMENT

PIPELINE CONSTRUCTION

TWO-STEP INVITATION FOR BID 37843

The St. Johns River Water Management District (the “District”) is initiating a “Two-Step Invitation for Bids (Two-Step IFB),” whereby the District will procure this project through a qualifications-based and competitive bidding process. The first step involves Respondents submitting qualifying information pertaining to financial capabilities, access to required equipment, and knowledge and experience to successfully perform the work. The second step involves the pre-qualified Respondents submitting competitive sealed bids.

Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, or the District by calling or emailing Kendall Matott, Senior Procurement Specialist, at (386) 312-2324 or kmatott@sjrwmd.com. Qualification Submittals and Bid responses will be opened in the Procurement Conference Room, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177-2571.

The Black Creek pipeline project involves the construction of approximately 17+ miles of 30” ductile iron raw water transmission main, including excavation, backfill, dewatering, horizontal directional drilling of 30” HDPE piping, jacking and boring of a 48” steel casing with a 30” carrier pipe, gate vales, other piping appurtenances, and reestablishing existing ground cover. The work is located within Clay County starting on State Road (SR) 16 at the Black Creek Intake Pump Station connection, proceeding west along SR 16 to SR 21; then continuing south/southwest along SR 21 turning west along Treat Road; crossing Treat Road and continuing west until reaching the project end point. The construction estimate range for this project and related work is $60,000,000 – $74,000,000.

A MANDATORY PRE-BID CONFERENCE IS SCHEDULED FOR

10:00 A.M., JULY 6, 2022, AT THE INTERSECTION

OF STATE ROAD 21 AND TREAT ROAD, KEYSTONE HEIGHTS, CLAY COUNTY, FLORIDA

RESPONDENT’S REPRESENTATIVE(S) MUST ATTEND IN PERSON

The purpose of the pre-bid conference is to review requirements of this solicitation, and to provide Respondents an opportunity to view the entire 17+ miles of the pipeline route. For solicitations with mandatory pre-bid conferences, the District will only accept bids from those firms attending the pre-bid conference.

The first step of the Two-Step IFB competitive process involves Respondents providing qualification submittals to the District. A District Evaluation Committee (Committee) will review the submittal information and research performed by District staff to verify information submitted by Respondents. The Committee will use the qualification submittals to evaluate each Respondent on a “Pass/Fail” basis. This will determine which respondents are qualified to proceed to Step Two of the process and submit a bid for the work. Each Respondent must receive a “Pass” on all qualifying criteria listed in the paragraph entitled “PREPARATION AND ORGANIZATION OF BID DOCUMENTS” in the Instructions to Respondents to proceed to Step Two and submit a bid on the work. Through these evaluations, the Committee should gain a reasonable expectation that all firms selected to submit bids are capable of successfully performing and completing the work in a timely and effective manner. The District may cancel the Two-Step IFB if less than three firms are not qualified to bid.

IFB 37843

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Qualification submittals or Bid packages received after the day and time stated will not be considered and will be returned to the respondent unopened. The District reserves the right to reject any and all parties who submit qualifications submittals or bid packages. The District also reserves the right to waive any minor deviations in an otherwise valid response to the Two-Step IFB process, to reject any or all responses to the Two-Step IFB, and to select the firms that are considered qualified to receive an Invitation for Bid.

The District will conduct the Two-Step IFB competitive process as follows:

• Step One: Prospective respondents shall submit information pertaining to their qualifications to successfully perform the work by 2:00 P.M., July 19, 2022 o The Committee will meet at 2:00 p.m. on July 25, 2022, to review the responses and qualifying information to determine which respondents are qualified to proceed to Step Two of the IFB process (Conference Room 147) o The District will issue a Notice of Intended Decision to notify all Respondents of the Committee’s decision of which Respondents have been qualified to proceed to Step Two of the IFB process

• Step Two: Qualified respondents will submit competitive sealed bids by 2:00 P.M. August 12, 2022 o The District will issue a Notice of Intended Decision to notify all Respondents of the results of the bid process and recommendation of award

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

kmatott Highlight

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TABLE OF CONTENTS

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

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

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

3. WHERE TO DELIVER BID ................................................................................................... - 4 -

4. OPENING OF BIDS ............................................................................................................... - 5 -

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

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

7. CONSTRUCTION ESTIMATED COST RANGE ................................................................. - 6 -

8. MINIMUM QUALIFICATIONS ............................................................................................ - 6 -

9. BID GUARANTY ................................................................................................................... - 8 -

10. SUBCONTRACTS .................................................................................................................. - 8 -

11. SIGNATURE AND CERTIFICATION REQUIREMENTS .................................................. - 8 -

12. DISQUALIFICATION OF RESPONDENTS ........................................................................ - 8 -

13. REJECTION OF QUALIFICATIONS SUBMITTAL OR BID ............................................. - 9 -

14. WITHDRAWAL OF BID ....................................................................................................... - 9 -

15. AWARDING THE AGREEMENT....................................................................................... - 10 -

16. EXECUTION OF AGREEMENT......................................................................................... - 10 -

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

18. DIVERSITY .......................................................................................................................... - 11 -

19. FLORIDA SALES TAX ....................................................................................................... - 11 -

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS .......................................... - 11 -

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

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

FORMS .................................................................................................................................................. - 13 - BID FORM ........................................................................................................................................ - 13 - PROPOSED SUBCONTRACTORS ................................................................................................. - 17 - CERTIFICATE AS TO CORPORATION ........................................................................................ - 18 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS..................................................................... - 19 - QUALIFICATIONS — GENERAL .................................................................................................. - 20 - QUALIFICATIONS — SIMILAR PROJECTS ................................................................................ - 21 - QUALIFICATIONS — CLIENT REFERENCE .............................................................................. - 23 - DRUG-FREE WORKPLACE FORM ............................................................................................... - 25 - BID BOND FORM ............................................................................................................................ - 26 - PERFORMANCE AND PAYMENT BOND .................................................................................... - 27 - NO RESPONSE FORM..................................................................................................................... - 28 - ATTACHMENT A — STATEMENT OF WORK ........................................................................... - 53 - ATTACHMENT B — INSURANCE REQUIREMENTS ................................................................ - 54 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) .................... - 55 -

ATTACHMENT D — CONTRACT PAYMENT REQUIREMENTS FOR STATE-

FUNDED COST REIMBURSEMENT CONTRACTS ........................................................ - 56 -

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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 bid provided by Respondent (the “Bid“), and all required certifications and affidavits.

2. CONTRACT ADMINISTRATION

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

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

Between the release of this solicitation and the posting of the final Step 2 notice of intended decision, Respondents to this solicitation or persons acting on their behalf may not contact any employee or officer of the District’s engineer for this project, CDM Smith, Inc., or 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 BID

The Qualifications Submittal and Bid must be submitted in sealed envelopes to:

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

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

SEALED QUALIFICATIONS — DO NOT OPEN

Respondent’s Name: _______________________________ To-Step Invitation for Bid: 37843 Opening Time: 2:00 P.M.

Opening Date: July 19, 2022

SEALED BID — DO NOT OPEN

Respondent’s Name: _______________________________ Invitation for Bid: 37843 Opening Time: 2:00 p.m.

Opening Date: August 12, 2022

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

mailto:wcox@sjrwmd.com

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4. OPENING OF BIDS

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

Sealed Qualifications Submittal: 2:00 P.M., July 19, 2022 Bid Package: 2:00 P.M., August 12, 2022 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 Qualifications submittals and Bids 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 Bids.

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

5. PREPARATION AND ORGANIZATION OF BID DOCUMENTS

Respondent must submit its Qualifications submittal and Bid Package in “hard copy” (paper)” format.

Instructions for submitting are below.

a. Respondents must submit the following fully executed documents on reproduced copies of the attached forms provided in FORMS and include in the respective submittals noted below:

1. Qualifications Submittal

(a) Knowledge and experience to perform the work

i. Certificate as to Corporation

ii. Qualifications — General

iii. Qualifications — Similar Projects

iv. Qualifications — Client References

v. Include Respondent’s approach to provide the manpower needed to accomplish the work, including permanent employees and project-specific hires.

vi. Include information on the experience of pipeline foremen and crews that Respondent plans to use on this project, including any special training

(b) Financial capability

i. Provide letter from Bonding Company confirming Respondent has the bonding capacity required for this project.

ii. Provide information showing that Respondent has the financial capability to perform and complete this project.

(c) Access to required equipment

i. Provide a list of Respondent-owned equipment, if any, including manufacturer, model, and year of manufacture.

ii. Provide a list of equipment Respondent plans to lease/rent to perform the Work.

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2. Bid Package

(a) Bid Form

(b) Cost Schedule

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

(d) Subcontractor List

(e) Bid Bond form – Respondent must use the District Bid Bond form

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

b. Respondents must submit one original and two hard copies of their Qualifications Submittal and Bid Package in the form and manner specified herein. All blank spaces on the bid documents must be typewritten or legibly printed in ink. Respondent must specify the cost for any one complete bid item for the entire work described in the Agreement (the “Work”) in both figures and written words as indicated by the spaces provided. In the event you decline to submit a bid, 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 bid.

All of the forms and questionnaires in the Two-Step Invitation for Bids package are available upon request in Microsoft® Word to aid the Respondent in submitting its Qualifications submittal or Bid.

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

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 Two-Step Invitation for Bids documents, but the Respondent is ultimately responsible for submitting the Bid 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 Qualifications submittal or Bids in order to be considered. Requests may be submitted by fax at (386) 329-4546 or by email at kmatott@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Qualifications submittal or Bids.

Submission of Qualifications or Bid constitutes acknowledgment of receipt of all addenda. Qualifications submittal and Bids 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 Qualifications submittal or Bid, as submitted. All addenda become part of the Agreement.

7. CONSTRUCTION ESTIMATED COST RANGE

The construction estimated cost range for the 30” pipeline construction and related work is $60,000,000

– $74,000,000. This amount is an estimated range only and does not limit the District in awarding the Agreement. Respondents are cautioned to not make any assumptions from the estimated range about the total funds available for the Work. The District retains the right to adjust the estimated range in awarding the Agreement. The District also reserves the right to reject all Bids that are over the estimated range. 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.

8. MINIMUM QUALIFICATIONS

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

a. Respondent must have successfully completed at least two projects of a similar nature (pipeline construction for at least ten miles of 24” large diameter pipe) within the ten years immediately preceding the date for receipt of Qualification Submittals.

Note: Requirements of both 8.a.1 and 8.a.2 may be satisfied on the same Similar Project.

1. At least one of the two Similar Projects must have included a jack and bore crossing under a utility line, roadway, railroad, or waterbody) for a minimum 24” diameter carrier pipe.

2. At least one of the two Similar Projects must have included a horizontal directional drill crossing under a utility line, roadway, railroad, or waterbody) for a minimum 24” diameter carrier pipe.

3. One of the two Similar Projects must include a minimum of ten miles of 24” diameter or larger pipe.

4. The other Similar Project must include a minimum of ten miles of 24” diameter or larger ductile iron pipe.

5. Each Similar Project cited must have had a project value of at least $15,000,000.

6. Respondent must have performed approximately 50% of the work with its employees on each Similar Project.

7. For each Similar Project cited, Respondent is responsible to provide all the information requested. Respondent is cautioned to ensure that the contact information (names, email addresses, and phone numbers) is correct, and that the proposed contact is amenable to speak with District representatives and/or respond to a written inquiry. The District will contact the individuals named to verify the similar project information as it relates to this solicitation. If the information provided by Respondent is not of a similar nature, cannot be verified by the District, or the proposed contact person fails to respond to the District’s inquiry, Respondent’s bid may be considered non-responsive.

(Complete the District-provided forms)

b. Respondent shall currently employ both a Florida Licensed General Contractor and a Florida Licensed Underground Utility Contractor who shall serve as Respondent’s qualifying agents and who shall have at least four years of experience on projects of the nature specified under subparagraph (a) above.

(Respondent-provided documentation – license), and (Respondent-provided documentation to substantiate experience)

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. For each client reference cited, Respondent is responsible to provide all the information requested. Respondent is cautioned to ensure that the contact information (names, email addresses, and phone numbers) is correct, and that the proposed contact is amenable to speak with District representatives and/or respond to a written inquiry. The District will contact the references to verify the information as it relates to this solicitation. If the information provided by Respondent cannot be verified by the District, or the proposed contact person fails to respond to the District’s inquiry, Respondent’s bid may be considered non-responsive.

(Complete the District-provided forms)

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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 Bid 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. BID GUARANTY

Each Bid must be accompanied by a Bid guaranty in the form of a Bid bond for five percent of the “Total Bid Cost” indicated on the Bid. Respondent must use the District’s Bid Bond form. The Bid bond must be written through a licensed Florida agency with a company licensed to do business in the State of Florida and meeting the requirements of the Agreement. The guarantee must provide that the Bid will remain firm for 90 days after the designated date and hour of the Bid opening; that if the Bid is accepted, Respondent must enter into a contract with the District in accordance with the Agreement; and that Respondent will provide any required performance and payment bonds and certificates of insurance.

If Respondent withdraws its Bid after receiving notice of acceptance thereof, Respondent will be liable to the District for the full amount of the guaranty as representing the District’s damages on account of Respondent’s default.

Attorneys-in-fact who sign Bid bonds and performance and payment bonds must file with such bonds a certified copy of their power of attorney to sign such bonds. All bonds must be countersigned by a Florida resident agent of the surety, with proof of agency attached.

10. SUBCONTRACTS

Respondent must identify all portions of the Work Respondent intends to perform through subcontractors for each portion of the Work exceeding ten percent of the Work on the attached “Proposed Subcontractors” form. Respondent must submit with its Bid a list of all known subcontractors who will participate in more than ten percent of the Work. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid.

11. SIGNATURE AND CERTIFICATION REQUIREMENTS

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

12. DISQUALIFICATION OF RESPONDENTS

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

a. Contacting a CDM Smith, Inc., or 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;

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b. Submission of more than one Qualifications Submittal or Bid 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 Qualifications Submittal or Bid;

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 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 subcontractors 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 subcontractors 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; or

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 QUALIFICATIONS SUBMITTAL OR BID

Qualifications Submittals and Bids must be delivered to the specified location and received before the Qualifications Submittal opening or Bid opening in order to be considered. Untimely Qualifications Submittals and Bids will be returned to the Respondent unopened. Bids will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, or other material irregularities. The District may consider incomplete any Qualifications Submittal or Bid 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 Qualifications Submittal or Bid.

The District reserves the right to reject any and all Qualifications Submittals or Bids and cancel this Bid Two-Step IFB when it determines, in its sole judgment and discretion, that it is not in its best interest to award the agreement.

14. WITHDRAWAL OF BID

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

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15. AWARDING THE AGREEMENT

a. The Agreement will be awarded to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid Cost who demonstrates, in accordance with the requirements of the bid documents, a verifiable history of the skill, ability, integrity, and reliability necessary for the faithful performance of the Agreement (the “Successful Respondent”). The Agreement may be modified based on the District’s acceptance of any alternatives listed in the bid that the District deems in its best interest.

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 bids 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 bids.

d. If two or more bids 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 bid contains commodities manufactured, grown, or produced within the State of Florida pursuant to §287.082 Fla. Stat.; or (3) by lot.

e. The District reserves the right to award the Agreement to the next lowest available bidder in the event the Successful Respondent fails to enter into the Agreement, or the Agreement with said Respondent is terminated within 90 days of the effective date.

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

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

16. EXECUTION OF AGREEMENT

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

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

a. A performance and payment bond (Contractor must use the District Performance and Payment Bond form).

b. A completed Internal Revenue Service Form W-9

c. Satisfactory evidence of all required insurance coverage

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

e. All other information and documentation required by the Agreement

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

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

17. 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 Bid. 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.

18. 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.

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

20. 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.

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

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

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

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

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 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

BID FORM

Include this form in the Bid Package

RESPONDENT:

The undersigned, as Respondent, hereby declares and certifies that the only person(s) or entities interested in this bid 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 bid or in the Agreement to be entered into; that this bid is made without connection with any other person, company, or parties making a bid; and that this bid 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 bid 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 bid is accepted, Respondent shall contract with the District in the form of the attached Agreement, and shall furnish everything necessary to complete the Work in accordance with the time for completion specified in the Agreement, and shall furnish the required evidence of the specified insurance.

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

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title Fax number

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COST SCHEDULE

Include this form in the Bid Package

Bid to be opened at 2:00 p.m., August 12, 2022

To: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

In accordance with the advertisement requesting bids for the Black Creek Water Resource Development Pipeline Construction, subject to the terms and conditions of the Agreement, the undersigned proposes to perform the Work for the price contained in the following schedule (fill in all blanks).

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

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

The bid will be awarded to the lowest responsive and responsible Respondent for the Total Bid Cost (Total Base Bid, Supplemental Work Allowance and Ductile Iron Pipe Escalation allowance).

For the purposes of determining the lowest Total Bid Cost the District will only consider the number provided as the Total Bid Cost listed in the “yellow” box below.

The rest of this page left blank intentionally.

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Bid Items Unit Bid Item Unit Cost

Bid Item Total Cost

1. Bonds and Insurance 1 LS $

2. Mobilization and Demobilization (Maximum of 2.5% of Total of Items 1 – 11) 1 LS $

3. Furnish and Install 30” DI Class 250 Pipeline via Open Cut Trench from Station 30+00 to Station 76+53.65 and Station 116+84.04 to Station 996+74.57. This pay items excludes those pipeline sections constructed by other methods (HDD, J&B) which are covered under separate pay items.

1 LS $

4. Horizontal Directional Drilling #1: Furnish and Install 30” HDPE DR 11 Pipeline 1 LS $

5. Horizontal Directional Drilling #2: Furnish and Install 30” HDPE DR 11 Pipeline 1 LS $

6. Jack and Bore #1: Furnish and Install 30” Pipeline via Jack and Bore for crossing under State Road 21 1 LS $

7. Jack and Bore #2: Furnish and Install 30” Pipeline via Jack and Bore for crossing under State Road 16 1 LS $

8. Furnish and Install 30” Gate Vales 14 each $ $

9a. Furnish and Install 3” Combination Air Valve with Vacuum Breaker (Detail I) 21 each $ $

9b. Furnish and Install 4” Combination Air Valve with Vacuum Breaker (Detail II) 6 each $ $

9c. Furnish and Install 1” Combination Air Valve (Detail III) 5 each $ $

9d. Furnish and Install Blowoff and Sample Tap Assembly 2 each $ $

10. Excavation Below Normal Grade and Bedding Rock Refill (contingency item, see technical specs) 1,000 CY $ $

Total Bid Cost: $

NOTES:

Supplemental Work Allowance: The District will include a Supplemental Work Allowance (SWA) in the amount of $1,000,000 in the Successful Respondent’s agreement to cover activities not included in the construction drawings, technical specifications, or Scope/Statement of Work (i.e., changes to the quantities, unforeseen site conditions, or changes to the work). SWA Funds can only be released to the Successful Respondent through issuance of a written and fully executed change order to the Contract. Escalation costs are not considered a compensable cost under this allowance.

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Ductile Iron Pipe Escalation Allowance (limited to Bid Item 3):

The District will include a not-to-exceed Ductile Iron Pipe Escalation Allowance (the “DIPEA”) in the amount of $1,500,000 in the Successful Respondent’s agreement for surcharges on 30” ductile iron pipe that cover fluctuations in the cost of steel scrap metal after the bid opening date. If the Successful Respondent is charged a scrap metal surcharge at the time of a pipe delivery, the Successful Respondent shall obtain a separate invoice from the supplier for the surcharge and forward it to the District for consideration of reimbursement in accordance with the Contract Documents. Upon District review and approval, the invoice amount will be deducted from the DIPEA amount shown above. If the DIPEA amount is exhausted, the Successful Respondent will be responsible for surcharge amounts beyond the not-to-exceed amount. If the DIPEA amount is not exceeded at the end of the project, the Successful Respondent will not be paid the balance. For example, if the Successful Respondent does not ever receive a surcharge from their supplier, then none of the DIPEA. The surcharge will be paid as a straight pass-through cost with no mark-up allowed.

The Successful Respondent shall provide the manufacturer’s invoice with the surcharge amount and verification of the scrap metal index amount in effect on the shipping date.

The Bid Documents provide for the Successful Respondent to string pipe along the pipeline route as well as utilize up to three storage areas (adjacent to the pipeline route) on Camp Blanding to store piping materials.

The purpose of the DIPEA is to provide a hedge against the additional surcharge costs assessed by the DI pipe manufacturers due to volatility in the scrap metal market. To reduce or eliminate additional cost to the District under the DIPEA, the Successful Respondent will be required to order the ductile iron pipe within two days of Commencement of the Work. The Successful Respondent is also encouraged to accept delivery of the ductile iron pipe at the earliest date offered by the supplier/manufacturer. This method may require the Successful Respondent to utilize the Camp Blanding storage areas to store some of the ductile iron pipe. In addition, the Successful Respondent will be required to take all reasonable steps to reduce or eliminate the need for any request(s) for payment from the DIPEA. The Successful Respondent will be responsible for all costs associated with storing, protecting, and handling the piping; as well as maintaining the storage site(s) and moving the pipe to the pipeline route.

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

Respondent (firm name) Date

Address Email Address

Signature Telephone number

Typed name and title Fax number

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PROPOSED SUBCONTRACTORS

Include this form in the Bid Package (attach additional sheets if necessary)

Respondent must identify all portions of the Work Respondent intends to perform through subcontractors for each portion of the Work exceeding ten percent of the Work. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid.

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

Include this form in the Qualifications Submittal

The below Corporation is organized under the laws of the State of ; is authorized by law to respond to this Invitation for Bids 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)

Att…