KEY LARGO WASTEWATER TREATMENT DISTRICT

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1 BID DOCUMENTS FOR ITB SIMPLEX RESIDENTIAL GRINDER PUMP STATION INSTALLATION OWNER: KEY LARGO WASTEWATER TREATMENT DISTRICT OVERSEAS HWY KEY LARGO, FL (305) by THE WEILER ENGINEERING CORPORATION Overseas Hwy Marathon, FL (305)

2 BID DOCUMENTS FOR SIMPLEX GRINDER PUMP STATIONS INSTALLATION TABLE OF CONTENTS Description Section INVITATION FOR BIDS INSTRUCTIONS TO BIDDERS BID FORM BID BOND FORM PROTESTS, BID ERRORS, AND RELATED ISSUES NOTICE OF AWARD FORM AGREEMENT FORM NOTICE TO PROCEED FORM PUBLIC CONSTRUCTION BOND CONSENT OF SURETY TO FINAL PAYMENT INSURANCE CERTIFICATION CONTRACTOR S APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF FINAL COMPLETION CONTRACTOR'S PARTIAL RELEASE OF LIEN FORM AND WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) AND WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) ENGINEERS JOINT DOCUMENTS COMMITTEE DESIGN AND CONSTRUCTION RELATED DOCUMENTS INSTRUCTIONS AND LICENSE AGREEMENT SUPPLEMENTARY CONDITIONS FDEP SUPPLEMENTARY CONDITIONS REQUEST FOR INFORMATION PROJECT FIELD ORDER FORM WORK DIRECTIVE CHANGE FORM CHANGE ORDER FORM Technical Specifications Section MEASUREMENT AND PAYMENT SUBMITTALS ADMINISTRATIVE REQUIREMENTS PRECONSTRUCTION VIDEO GENERAL QUALITY CONTROL CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS MOBILIZATION PROGRESS SCHEDULE REGULATORY REQUIREMENTS 01410

3 REFERENCES PRODUCT SELECTION AND SUBSTITUTION CONTRACT CLOSESOUT SITE CLEARING SITE PREPARATION DEWATERING PRIME AND TACK COATS FOR BASE COURSES FINISH GRADE EXCAVATION, TRENCHING AND BACKFILL EROSION AND SEDIMENTATION CONTROL ASPHALTIC CONCRETE SURFACE COURSE SIDEWALKS PAVEMENT RESTORATION SODDING PIPING - GENERAL FITTINGS POLYVINYL CHLORIDE (PVC) PIPE HIGH DENSITY POLYETHYLENE (HDPE) PIPE PIPE SUPPORTS - HANGARS VALVES CONCRETE REINFORCEMENT CONCRETE ELECTRICAL GENERAL PROVISIONS 16050

4 SECTION INVITATION FOR BIDS Key Largo Wastewater Treatment District (KLWTD) hereby requests Sealed Bids up to 2:00 PM on Thursday, November 21, 2013 for: SIMPLEX GRINDER PUMP STATIONS INSTALLATION This project consists of the installation of Simplex Grinder Pump Stations within easements granted to the Owner on properties within the KLWTD service area. Bids shall be delivered to KLWTD offices at Overseas Highway, Key Largo, FL (Attention: Carol Walker) by the Bid date and time indicated above. Bids will be publicly opened and read aloud in the KLWTD offices at the above date and time by the General Manager or her designee. The clock in the KLWTD offices shall reflect the official time. All proper bid packages received will be opened in no specific order. Bids delivered after the date and time indicated above will not be opened or otherwise considered. Please note that facsimile bids, telegraph bids, bids, or non sealed bids (i.e. bids not enclosed in an opaque sealed envelope) will not be opened or considered. Any uncertainty regarding the time a Bid is received will be resolved against the Bidder. There will be a mandatory Pre-Bid meeting held at Overseas Highway Key Largo, FL (The Plant) Construction office on Wednesday, October 30, 2013 at 1:30 PM. Solicitation packages including specifications, terms, conditions, general instructions and bid submission documents are now available and may be obtained either on Demandstar.com or at the KLWTD offices as shown above upon payment of $ (US Dollars) for each set in cash or check made payable to KLWTD. This payment represents the reproduction costs and is nonrefundable. A request including the name, address and telephone of the purchaser shall be required to purchase a set of the Solicitation Package. Anyone purchasing a complete set of the Solicitation Package must indicate whether he/she is a general contractor, subcontractor, manufacturer, or supplier. Only complete sets of the Solicitation Package will be distributed. All addendums will be distributed through Demandstar.com. The SOLICITATION PACKAGE, consisting of the Contract Documents, may be examined at the following locations: 1) Demandstar.com 2) KLWTD, Overseas Highway, Key Largo, Florida Each Bid shall be accompanied by a Bid Bond for 5% of the maximum Bid amount. Each BID shall be submitted in duplicate originals in one sealed envelope with the name and address of the Bidder and the bid date and time on the outside along with the following information: "BID FOR SIMPLEX GRINDER PUMP STATIONS INSTALLATOIN." All questions regarding the project should be directed in writing to KLWTD, Attention: SIMPLEX GRINDER PUMP STATONS INSTALLATION, by fax (305) or carolw@klwtd.com. Questions received less than ten (10) calendar days prior to bid opening will not be answered

5 The Owner reserves the right to accept or reject any or all bids in whole or in part with or without cause, technicalities, or to accept the bid(s) which, in its judgment, best serves the interest of the Owner. END OF SECTION

6 SECTION INSTRUCTIONS TO BIDDER PART 1 GENERAL This procurement is subject to the Owner s Procurement Policy, which is available upon request. The Owner has made every effort to ensure that the Bidding Documents are consistent with the Owner s Procurement Policy. A Bidder waives any discrepancy between the Bidding Documents and the Owner s Procurement Policy unless the Bidder lodges with the Owner a timely protest as provided in Section Bidding Documents A. Bidding Documents include the Invitation for Bids, Instructions to Bidders, Bid Form, other sample bidding forms and contract forms, and the proposed Contract Documents, including any Addenda issued prior to receipt of bids. B. Bidding Documents may be obtained in compliance with the Invitation for Bids. No partial sets of the Bidding Documents will be issued. Complete sets of Bidding Documents shall be used in preparing bids. Neither the Owner nor the Engineer will assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents Bidder Questions Any Bidder who is in doubt as to the true meaning of any part of the Bidding Documents, or finds a discrepancy or omission therein, must submit to the Engineer a written request for an interpretation or correction. The person submitting the request shall be responsible for its delivery to the Owner at least ten (10) days prior to the bid opening date. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. A Bidder s failure to submit a timely request for an interpretation or correction shall constitute the Bidder s certification that the Bidding Documents are clear and unambiguous Addenda Addenda will be distributed through Demandstar. All Addenda issued during the time of bidding shall form a part of the Contract Documents, shall be covered in the Bid, and shall become a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid Form; failure to do so may subject the Bidder to disqualification. It shall be the Bidder's responsibility to ensure that it has received all Addenda prior to bid. The Owner or Engineer shall not be responsible for non-receipt or untimely receipt of Addenda due to acts or omissions of the delivering agency or any other source Examination of Documents and Inspection of Site Before submitting a Bid, Bidders shall carefully examine the Bidding Documents and inspect the project site to fully inform themselves of all existing conditions and

7 limitations. Each Bidder, by submitting a Bid, represents that it has so examined the Bidding Documents and inspected the site, that it understands the provisions of the Bidding Documents and that it has become familiar with the local conditions under which the work is to be performed. Bidders will not be given extra payment or contract time for conditions which could have been discovered by such examinations. Further, the Bidder acknowledges by submitting its bid, that the Bidder has had sufficient opportunity to review the Bidding Documents and to obtain the advice of lawyers, accountants and other professional advisors regarding the Bidding Documents and to seek interpretation or correction. Therefore, the general principle that ambiguities in contract documents shall be construed against the drafter shall no apply to the Bidding documents or the contract Bidder's Interest in More Than One Bid No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one Bid for the same work. A person, firm, or corporation who has submitted a sub-bid to a Bidder or who has quoted prices on materials to a Bidder is not hereby disqualified from submitting a sub-bid or quoting prices to other Bidders or from bidding as a prime contractor Certificates and Licenses Bidders must be properly licensed to perform the Contract Work. Proper licensing shall be a valid business license and a valid general contractor s license or underground utilities license as described in Florida Statutes Chapter Public Entity Crimes - Denial or Revocation of Right to Transact Business with a Public Entity Per Florida Statutes (FS) (2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 FS for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list Florida Trench Safety Act Bidders must comply with the Florida Trench Safety Act (FS ), by completing and submitting with the sealed bid the Trench Safety Statement Form, a copy of which is included as part of these Contract Documents Rejection of Nonperforming Bidders The Owner reserves the right to reject the Bid of any Bidder who is behind, as determined by the Owner or Engineer, on the completion schedule for any existing contracts; who has failed to properly progress work on any construction contract with any governmental agency within the past five (5) years; who is currently under litigation

8 with the Owner; who is in litigation with any governmental agency within the past five (5) years; who is involved in any dispute resolution procedure with any governmental agency within the past five (5) years; who has previously defaulted on a contract with any governmental agency within the past five (5) years; or who has previously failed to satisfy all requirements related to life or safety including, but not limited to, the maintenance of traffic provisions on existing or previous agreements with any governmental agency within the past five (5) years. Owner may reject the bid of any Bidder that has made a claim against the Owner, either as a contractor, a subcontractor of any tier, or a supplier of any tier, where the claim was not, in the sole judgment of Owner made in good faith or was not supported by adequate documentation Form of Bid A. Each Bid shall be submitted on the Bid Form included as one of the Bidding Documents. The Bidder is not permitted to make changes in the Bid Form provided. The Bidder shall fill in spaces on the Bid Form by typewriter or manually in ink. When a Bidder submits a Bid and fills in information, which is then changed, each change must be initialed by the person signing the Bid. B. The Bidder must fill in all unit prices, total prices, and total amounts. Where so indicated by the makeup of the Bid Form, amounts shall be expressed in both words and figures, and in case of discrepancy between the two, the amount in words shall govern. C. No conditional Bids will be accepted. Alternate Bids will not be considered unless called for. Oral proposals or modifications will not be considered. D. The Bidder should ensure that the Bid form is completed in its entirety. Complete all pages of Section Bid Security A. Provide a bid security in the form of a certified check or bid bond. Bid security shall be in an amount equal to at least five percent (5%) of the Maximum Bid Price (Base Bid Plus Alternates), payable without condition to the Owner, as a guaranty that the Bidder, if awarded the Contract, will promptly execute the Agreement in accordance with the Bidding Documents, and will furnish all bonds and insurance as required. If Bid Bond is provided, provide on form included in bidding documents. B. If for any reason the Bidder withdraws his Bid after Bid Opening or fails to execute an Agreement or to provide the specified bonds, insurance, and insurance certification, such Bidder shall be in default. The defaulting Bidder and his surety shall forfeit the bid security to Owner as liquidated damages, and not as a penalty. C. The Bid Security of all except the three (3) apparent lowest Bidders will be returned within 60 days after the canvass of Bids

9 1.12 Submission of Bids A. Submit two duplicate originals and four copies of the Bid, Bid Security, and all other documents required to be submitted with the Bid. Enclose in a single sealed opaque envelope, addressed to the party receiving the Bids. Label on the outside of the envelope the Project name, project number (if applicable), and the Bidder's name and address. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "Bid Enclosed" on the face thereof. B. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation for Bids or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened to the person or firm submitting the Bid. C. The Bidder shall assume full responsibility for timely delivery of his Bid to the designated location Modification and Withdrawal of Bids A. Bids may not be modified after submittal; however, they may be withdrawn at any time prior to the Bid Opening time and date. B. Withdrawal requests shall be made in writing and must be received by the Owner before the time and date stated or as revised by addendum for the Bid Opening. Properly withdrawn Bids will be returned unopened to the person or firm submitting the Bid. C. A Bidder who withdraws a Bid may submit a new Bid in the same manner as specified under "Submission of Bids". D. If a Contract is not awarded within 90 calendar days after opening of Bids, a Bidder may file a written request with the Owner for the return of its Bid Basis of Award A. Except in cases where the Owner exercises the right to reject all Bids, the Contract will be awarded by the Owner, as soon as practicable after Opening of Bids, to the responsive, responsible Bidder who has submitted the lowest responsive Bid, in accordance with all other requirements of this section, including 1.09: Rejection of Nonperforming Bidders. B. The lowest responsive Bid will be determined by comparison of the Total Base Bid stipulated on the Bid Form, plus any combination of Additive or Deductive Alternate Bid Items of the Owner s choosing. Bidders are encouraged to submit balanced bids and to balance the Total Base Bid and any Additive or Deductive Alternate Bid Items. Owner may reject a bid if the Owner determines that the Bidder has formulated the bid in such a manner that the Total Base Bid and any Additive or Deductive Alternate Bid Item does not fairly allocate costs. If the stated Total Base Bid conflicts with the sum of the Total Prices on the Bid Schedule, then the sum of the Total Prices prevails. The Total Price for each

10 item is the stated unit price times the quantity. If there is a conflict between the product of the stated unit price multiplied by the quantity and the Total Price for an item, the stated unit price prevails Responsiveness Requirements A. All Bidders are required to be responsive. Failure to meet any of the responsiveness requirements set forth herein may be result in the Bidder being judged non-responsive. B. Minor informalities are matters of form rather than substance, or insignificant omissions that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The District shall waive in writing these informalities or allow a bidder to correct them depending on which is in the best interest of the District. C. To be judged responsive, the Bidder shall submit the following: 1. Bid Form with all of the following properly completed: a) Name, address, and telephone number of Bidder. b) Acknowledgment of receipt of all Addenda. c) Bid Amount, including Unit Prices and Total Prices for all Items including all alternate items. d) The Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current original Power of Attorney attached certifying agent's authority to bind Bidder. Signatures and dates required. A bid submitted by a partnership shall be signed in the name of the firm by one or more of the general partners. 2. Bid Security complying with the requirements of the Bidding Documents. Include notarized power of attorney, if required. 3. Florida Trench Safety Act Statement. 4. Certificate of Compliance with 41 CFR (See SRF Supplementary Conditions, at Appendix G. 5. Certification of Nonsegregated (See SRF Supplementary Conditions at Appendix H. D. If the Invitation to Bids requires attendance at a mandatory Pre-Bid meeting, then Bids submitted from Bidders who do not attend the mandatory Pre-Bid meeting will be judged non-responsive Responsibility Requirements A. All Bidders are required to be responsible. Failure to meet any of the responsibility requirements set forth herein may be result in the Bidder being judged non-responsible. A responsible bidder has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance

11 B. To be judged responsible, the Bidder shall meet the following standards: 1. The Bidder shall be properly licensed and shall have a satisfactory record of integrity, judgment, and performance as a corporation (including its shareholders and officers), partnership, or as a sole proprietorship, including in particular, any prior performance upon contracts from the State and the Owner. 2. The contractor shall provide a qualification statement in order to demonstrate the experience with installation and maintenance of SCADA Systems. The statement at minimum shall demonstrate at least 3 successful projects of similar scope. References shall be included in the statement. 3. The Bidder shall have at least three (3) years of experience as a prime contractor. 4. The Bidder shall have performed as a prime contractor on at least three (3) projects of similar type and size as the proposed contract work. 5. The Bidder shall be able to comply with the required completion schedule for the project. 6. The Bidder shall have adequate financial resources to perform the work, and shall have an adequate financial management system and audit procedure which provides efficient and effective accountability and control of all property, funds, and assets. The Bidder shall be able to demonstrate this in accordance with the requirements of paragraph 1.17.A.3 below. 7. The Bidder shall conform to the civil rights, equal employment opportunity and labor law requirements of the Bid Documents. See also Sections 01410, Regulatory Requirements and SRF FDEP Supplementary Conditions. 8. The Bidder may demonstrate the availability of necessary financing, equipment, facilities, expertise and personnel by submitting the following upon request: (1) evidence that the bidder possesses the necessary items; (2) acceptable plans to subcontract for the necessary items; or (3) a documented commitment from, or explicit arrangement with, a satisfactory source to provide the necessary items Bidder Responsibility Evaluation Submittal Requirements A. Within 7 calendar days after being notified of being the apparent lowest, responsive Bidder, the Bidder shall submit the following information to the Owner or Engineer for evaluation to determine compliance with the responsibility requirements. The following information may also be required to be submitted by the second and third low bidders within 7 calendar days, if notified by the Owner or Engineer. 1. Provide a statement of the Bidder's organization, including resumes of key personnel, especially those personnel proposed for work on this Project. 2. Provide a summary of the Bidder's construction experience as a prime contractor. Provide names, addresses, phone numbers, and contact persons for references. List current and past construction projects, name

12 of Owner, Owner contact name and telephone number, and include information on amount of contract, major construction items and quantities. 3. Provide financial information in accordance with the following: a. For projects where the total base bid is $1,000, or less, provide a current Compilation Statement of the Bidder, prepared by a Certified Public Accountant (CPA) or a current audited Financial Statement of the Bidder, prepared by a CPA, reflecting the most current fiscal year ended, including a certification that the financial status of the company has not materially changed since the compilation or audit. b. For projects where the total base bid is $1,000, or higher, provide a current audited Financial Statement of the Bidder, prepared by a CPA, reflecting the most current fiscal year ended, including a certification that the financial status of the company has not materially changed since the audit. c. For all projects, provide a current Percentage of Completion Review of the Bidder, reviewed or compiled by a CPA for consistency with the financial reports submitted. d. The financial information shall reflect the most current fiscal year, and in no case more than 16 months old. 4. Provide a list of equipment and quantities currently owned or under lease to the Bidder and available for the work. 5. Provide a list of all sub-contractors to be utilized by the Bidder for the contract work, along with evidence of each subcontractor s valid business license, and evidence of each subcontractor s valid certificate of competency or registration under Chapter 489, Fla.Stat. 6. Submit copies of all construction licenses. 7. Provide a statement indicating whether or not the Bidder is or has been under litigation or dispute resolution procedure with any governmental agency within the past 5 years. B. The Owner reserves the right to not require submittal of any of the above information of the Bidder Notice of Intent to Award Contract; Cancellation or Rejection of Bids A. After selecting the lowest responsive and responsible bidder, the District shall send all bidders a notice of intent to award a contract at least ten calendar days before the formal award of a contract. The notice will include the name of the successful bidder and a statement of the right to protest the award, including the date by which the protest must be received. The notice of intent to award does not constitute a formal award of a contract. B. The Owner may elect to cancel the bid or reject any or all bids as provided in the Owner s Procurement Policy Award of Contract If the contract is to be awarded, the Owner or its agent will deliver to the successful low bidder a Notice of Award and Agreement form within ninety (90) days after the day of the

13 bid opening. The successful low bidder shall sign and return the Agreement in duplicate originals, and the insurance documents described in Paragraph 1.19.A, below, within fourteen (14) days of receipt of the Notice of Award. Bidders should note that the Key Largo Wastewater Treatment District has adopted procedures and policies governing bid protests Bonds and Insurance A. Upon award of the contract, the Bidder, simultaneously with the execution of the Agreement, shall furnish certificates of insurance, completed insurance certification Form The insurance coverage required is included in the Bidding Documents. B. Owner or its Agent will execute and return one original signed copy of the agreement within twenty-one (21) days after receipt. C. The successful Bidder shall, within seven (7) days after receipt of the agreement signed by Owner, and before commencing work, provide and record said Payment and Performance Bond in the public records of the County where the improvement is located in accordance with FS The form of the bond, including bonding amounts and duration required are included in the Bidding Documents Additional Work A. Provided that the successful Bidder performs the work timely and to the satisfaction of the Owner, the Owner will, in the Owner s discretion, offer the successful Bidder the opportunity to perform similar work in other collection basins or phases. The successful bidder will be expected to accept this work at the unit prices bid for this work subject to adjustment as provided in Section 00800, Paragraph SC D. Therefore, the Bidder should bid prices that it will be willing to honor for the next two years, more or less. END OF SECTION

14 SECTION BID FORM PART 1 GENERAL 1.01 Description The following Bid, for Simplex Residential Grinder Pump Stations Installation is hereby made to Key Largo Wastewater Treatment District (KLWTD), hereafter called the Owner. This Bid is submitted b: 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security NAME OF BIDDER

15 1.03 Bid Schedule 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. 5. To begin work not later than 5 days after the issuance of a Notice to Proceed; to achieve substantial completion of the work within 70 calendar days of the date of the Notice to Proceed; and to achieve final completion within 15 calendar days from substantial completion. See also Supplementary Condition, Section 00800, SC C-E. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Unit Prices, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project List of Subcontractors List the subcontractors, if any that the Bidder proposes to use to perform a portion of the work with a value of more than one half of one percent of the total bid. Prior to award, the Bidder must provide evidence of each subcontractor's valid business license, and evidence of each subcontractor's valid certificate of competency or registration under Ch. 489, Fla. Stat. If the Bidder fails to list a subcontractor or lists more than one subcontractor for the same portion of work and the value of that work is more than one half of one percent of the total bid, the Bidder shall be considered to have agreed to perform that portion of the work without the use of a subcontractor and to have represented the Bidder to be qualified to perform that work. The Bidder shall not remove or replace subcontractors listed in the bid subsequent to the lists being made public at the bid opening, except upon good cause shown. Subcontractor Name Business Location Work to be Performed Percentage of Lump Sum Bid NAME OF BIDDER

16 Use additional sheets, if necessary NAME OF BIDDER

17 ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST 1 Mobilization, Bonds and Insurance LS 1 2 Assembly and installation of pump station sump, lid, vent, ballast and piping, complete and in place, including compaction of fill and density testing EA 25 3 Installation of 4 Schedule 40 or SDR 35 PVC influent piping from pump station to point of connection on existing home sewer piping, complete and in place, including pipe bedding, backfill and compaction LF Installation of 4 PVC sanitary sewer cleanout and cap with valve box at point of connection to existing building plumbing, complete and in place, including pipe bedding, backfill and compaction. EA 25 5 Installation of 1.25 DR 9 HDPE piping from pump station discharge to 1.25 HDPE force main within on-site easement, complete and in place, including pipe bedding, backfill and compaction LF Connection of 4 influent and 1.25 Effluent piping, including all joints and fittings, complete and in place, including pipe bedding, backfill, compaction and density testing EA 25 7 Installation of control panel, wires, level controls, etc, including connection to owner-provided electrical service, complete and in place. EA 25 8 Restoration of concrete sidewalks and driveways SY NAME OF BIDDER

18 ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST 9 Restoration of work area with Sod SY Replacement of asphalt driveways SY Replacement of rock in driveways, yards, 2 thick, either #89 or # 57 (best match to existing) SY Testing of pumping station, including hydrostatic testing of sump and new gravity piping, pressure testing of discharge pipe and fittings, and pump station startup per manufacturer s instructions EA 25 Total Bid NAME OF BIDDER

19 1.05 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the required Bid Security to this Bid. C. I have attached the required Statement in connection with the Trench Safety Act RESPECTFULLY SUBMITTED, signed and sealed this day of Contractor By (Signature) Date Printed Name and Title Business Address City State Zip Code (CORPORATE SEAL) Telephone No. Facsimile No. ATTEST: By (Signature) Date Printed Name and Title END OF SECTION NAME OF BIDDER

20 SECTION BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1), as Principal, and (2), as Surety, are hereby and firmly bound unto Key Largo Wastewater Treatment District, as Owner, in the penal sum of (3) Dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to Key Largo Wastewater Treatment District a certain Bid for (4) Simplex Residential Grinder Pump Stations Installation attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Amount of Bond as Required in the Instructions to Bidders 4) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension

21 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this day of,. ATTEST: Principal By (Principal Officer) By (Signature of Officer) Typed Name and Title Typed Name and Title (CORPORATE SEAL) Address City, State, Zip Surety By By: Attorney-in-Fact Typed Name and Title Typed Name and Title (SEAL) Address City, State, Zip Telephone No. Facsimile No. END OF SECTION

22 PART 1 PROTESTS SECTION PROTESTS, BID ERRORS, AND RELATED ISSUES Right to Protest. An interested party may protest the award of a contract, the proposed award of a contract, or a solicitation for construction Filing of Protest When Filed. Time periods for filing protests are as follows: Protest of Provisions. An interested party may protest provision of an invitation to bid by filing with the District Clerk a written protest that contains the information required by no less than 10 calendar days before the date of bid opening, and no less than 3 calendar days before the date of the pre-bid conference Protest of Cancellation. An interested party may protest the cancellation of an invitation to bid by filing with the District Clerk a written protest that includes the information required by no less than 10 calendar days after notice of cancellation is issued Other Protests. A protest may be filed no later than 10 calendar days after receipt of oral or written notification of the intent to award Time Limits. A protest is considered filed when received by the District Clerk. Protests filed after the 10-day period shall not be considered Protest Form. To expedite handling of protests, the envelope should be labeled Protest. The written protest must include, as a minimum, the following: The name, address, and telephone number of the protestor; Appropriate identification of the procurement; A statement of the reasons for the protest; Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date must be indicated; The relief requested; and The signature of the protestor or the protestor s representative Requested Information: Time for Filing. Any additional information requested of any of the parties should be submitted within the time periods established by the District in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information b the District may result in resolution of the protest without consideration of any information which is untimely filed pursuant to the request Notice of a Protest. The District Clerk shall immediately give notice of a timely protest to all interested parties Stay of Procurement. If a timely protest is filed, the District may proceed with the solicitation or award of the contract, unless the District General Manager makes a written determination that A reasonable probability exists that the protest will be sustained; or

23 A stay of the proceeding or award is in the best interests of the District Hearings Hearing Officer. The District will appoint a hearing officer for the protest Evidentiary Hearings. The hearing officer will schedule an evidentiary hearing only if there is a disputed issue of fact material to the protest. In the absence of a disputed issue of fact material to the protest, the hearing officer will limit any hearing to legal or factual argument Scheduling. The hearing officer will schedule the hearing to take place no more than 20 days after the protest is received by the District Clerk Procedures. The hearing officer will conduct hearings in an informal manner. The weight to be attached to evidence is within the discretion of the hearing officer. Stipulations of fact agreed upon by the parties may be used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness were present Recording. If an interested party wishes to appeal any decision made by the District with respect to any matter considered at the hearing, such person will need a record of the proceedings, and will need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made Witnesses. Witness shall testify under oath or affirmation and may be cross-examined Hearing Officer s Recommended Decision. The hearing officer s recommended decision will be submitted to the District Board of Commissioners for review at its next regularly scheduled meeting. The District Board of Commissioners may accept, reject, or modify the hearing officer s recommended decision Bid Preparation Costs. If a protest is sustained in whole or in part, the protestor s exclusive remedy is reasonable bid preparation costs. A protestor who requests reimbursement for bid preparation costs must provide detailed proof of these costs Definition: Interested Party means an actual or prospective bidder whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract. A person who is a subcontractor of any tier or a supplier of any tier to a bidder is not an interested party. PART 2 BID WITHDRAWAL AND MODIFICATION 2.01 Procedure. A bidder may modify or withdraw a bid by a written request received by the District Clerk before the time and date set for bid opening. A request must include evidence of authority for the person making the request Disposition of Bid Security. If a bid is withdrawn in accordance with this part, any bid security will be returned to the bidder. PART 3 MISTAKES IN BIDS 3.01 General. To protect the integrity of the competitive bidding process and to assure fairness, the District shall consider a request to withdraw a bid because of an inadvertent, nonjudgmental mistake in the bid. If the mistake is attributable to an error in judgment, the bid

24 may not be withdrawn. Except as provided in Section 3.02, the District will not allow a bid to be corrected after bid opening Correction of Bid after Opening. After bid opening, changes in bid prices or other provisions prejudicial to the interests of the District will not be permitted, except in three situations in which mistakes are discovered after the time and date set for bid opening but before award: Minor Informalities. Minor informalities are matters of form rather than substance, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The District will waive in writing these informalities or allow a bidder to correct them depending on which is in the best interests of the District Mistakes Where Intended Correct Bid is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid will be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transportation errors, and arithmetical errors. Unit price is the governing factor if an error is made in extending the unit price Mistakes where Intended Correct Bid is Not Evident. A bidder may be permitted to withdraw a low bid if: (A) a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or (B) the bidder submits proof which clearly and convincingly demonstrates that a mistake (not an error in judgment) was made. END OF SECTION

25 SECTION NOTICE OF AWARD FORM TO: NAME OF PROJECT: Simplex Residential Grinder Pump Stations Installation The OWNER has considered the BID submitted by you, dated for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's certificates of insurance and completed Form within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said insurance documentation within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of,. OWNER: (Name of OWNER) By (Signature) (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this day of,. By Printed Name and Title END OF SECTION

26 SECTION AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made this day of,, by and between Key Largo Wastewater Treatment District, hereinafter called the Owner, and 1), doing business as a 2), and hereinafter called the Contractor. 1) Name of Contractor 2) Corporation, Partnership, Sole Proprietor 1.02 The Owner and Contractor agree as follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Instructions to Bidders, Contractor s Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer s written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the C. Contract Time The Contractor shall begin work within 30 days after the issuance of a written Notice to Proceed and shall achieve substantial completion of the work within 120 calendar days from the date of the Notice to Proceed. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. See also Supplementary Condition, Section 00800, SC C-E. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They NAME OF PROJECT: Deep Injection Well Mechanical Integrity Testing (MIT)

27 also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $ for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth (¼) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of Dollars ($ ). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein.unit Price Contract F. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. G. Retainage The value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10%, to be held by Owner as collateral security under Section Fla. Stat until 50 percent completion of the Work. After 50 percent completion of the Work, as determined by the Engineer, the rate will be reduced to 5 percent withheld from each subsequent progress payment made to the contractor NAME OF PROJECT: Simplex Residential Grinder Pump Station Installation

28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm By (Signature) (SEAL) Printed Name and Title ATTEST: By (Signature) Printed Name and Title OWNER: Key Largo Wastewater Treatment District Name of Owner By (Signature) (SEAL) Margaret Blank, General Manager Printed Name and Title ATTEST: By (Signature) Printed Name and Title END OF SECTION NAME OF PROJECT: Simplex Residential Grinder Pump Station Installation

29 SECTION NOTICE TO PROCEED FORM TO: DATE: PROJECT: Simplex Residential Grinder Pump Stations Installation You are hereby notified to commence WORK in accordance with the Agreement dated. This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete within calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion is. The date of Final completion is. ISSUED BY: (Name of OWNER) By (Signature) (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by this day of,. By Printed Name and Title END OF SECTION

30 SECTION PUBLIC CONSTRUCTION BOND BOND NUMBER: KEY LARGO WASTEWATER TREATMENT DISTRICT Simplex Residential Grinder Pump Stations Installation KEY LARGO, FLORIDA KNOW ALL MEN BY THESE PRESENTS: that (Name of CONTRACTOR) (Address of CONTRACTOR) (Phone Number of CONTRACTOR) a Principal, and (Corporation, Partnership or Individual) (Name of Surety), hereinafter called (Address of Surety) (Phone number of Surety) hereinafter called Surety, are firmly bound unto the Key Largo Wastewater Treatment District, whose address is Overseas Highway, Key Largo, Florida, 33037, and whose telephone number is ,hereinafter called OWNER, in the full and just Sum of DOLLARS ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that if the Principal: 1. Performs the contract dated, between Principal and Owner for installation of simplex grinder pump stations, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section (1), Florida Statutes,, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

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