Florida Governmental Utility Authority

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1 Florida Governmental Utility Authority Lee County Utilities Waterway Estates Interconnect MAY 2011 TECHNICAL SPECIFICATIONS CDM World Plaza Lane, Building 51 Fort Myers, FL Phone: (239) Fax: (239)

2 Florida Governmental Utility Authority Waterway Estates Interconnect May 16, 2011 TABLE OF CONTENTS DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS LEGAL ADVERTISEMENT INSTRUCTIONS TO BIDDERS BID PROPOSAL BID SCHEDULE BIDDER S QUALIFICATION STATEMENT BID BOND CONSTRUCTION AGREEMENT PERFORMANCE BOND PUBLIC PAYMENT BOND DOCUMENTS GENERAL TERMS AND CONDITIONS INSURANCE REQUIREMENTS RELEASE AND AFFIDAVIT CHANGE ORDER FORM DIVISION 1 GENERAL REQUIREMENTS SUMMARY OF WORK MEASUREMENT AND PAYMENT CONTROL OF WORK FIELD ENGINEERING APPLICATIONS FOR PAYMENT ENVIRONMENTAL PROTECTION PROCEDURES SPECIAL PROVISIONS PROJECT MEETINGS SUBMITTALS SCHEDULE OF VALUES CONSTRUCTION PHOTOGRAPHS TESTING AND TESTING LABORATORY SERVICES PIPELINE TESTING AND CLEANING CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS CONSTRUCTION AIDS SECURITY TRAFFIC REGULATION PROJECT IDENTIFICATION AND SIGNS DELIVERY, STORAGE AND HANDLING PRESSURE TESTING CONTRACT CLOSEOUT CLEANING PROJECT RECORD DOCUMENTS WARRANTIES AND BONDS i

3 Florida Governmental Utility Authority Waterway Estates Interconnect May 16, 2011 DIVISION 2 SITEWORK SITE PREPARATION DEWATERING AND DRAINAGE JACKING TRENCHING, BACKFILLING AND COMPACTION ROADWAY CROSSINGS BY OPEN CUT GRANULAR MATERIALS EROSION AND SEDIMENTATION CONTROL HORIZONTAL DIRECTIONAL DRILLING SIDEWALKS, DRIVEWAYS AND CURBS PAVEMENT REPAIR AND RESTORATION SEWER MANHOLES DUCTILE IRON PIPE AND FITTINGS HIGH DENSITY POLYETHYLENE PIPE AND FITTINGS POLYVINYL CHLORIDE (PVC) FORCE MAIN PIPE VALVES, HYDRANTS AND APPURTENANCES CONNECTIONS TO AND WORK ON THE EXISTING SYSTEM PIPELINE CLEANING CHAIN LINK FENCING AND GATES LAWN RESTORATION DIVISION 3 CONCRETE CONCRETE FORMWORK CORROSION RESISTANT LINING SYSTEM CONCRETE REINFORCEMENT CONRETE JOINTS AND JOINTS ACCESSORIES CAST-IN-PLACE CONCRETE PRECAST CONCRETE STRUCTURES PRE-CAST FABRICATED CONCRETE BUILDING GROUT DIVISION 5 METALS GALVANIZING MISCELLANEOUS METAL DIVISION 9 FINISHES SURFACE PREPARATION AND SHOP PRIME PAINTING PAINTING DIVISION 11 EQUIPMENT SUBMERSIBLE SEWAGE PUMPS ii

4 Florida Governmental Utility Authority Waterway Estates Interconnect May 16, BIOLOGICAL ODOR CONTROL SYSTEM EQUIPMENT DIVISION 13 SPECIAL CONSTRUCTION PROCESS INSTRUMENTATION AND CONTROLS GENERAL PROVISIONS APPLICATION ENGINEERING SERVICES DIGITAL HARDWARE, SOFTWARE AND TELEMETRY FIELD INSTRUMENTATION CONTROL PANELS AND PANEL MOUNTED EQUIPMENT DIVISION 15 MECHANICAL WASTEWATER VALVES AND APPURTENANCES HVAC DIVISION 16 ELECTRICAL ELECTRICAL GENERAL PROVISIONS RACEWAYS, BOXES, FITTINGS AND SUPPORTS WIRES AND CABLES MOTORS MISCELLANEOUS EQUIPMENT DIESEL ENGINE DRIVEN GENERATOR (SELF CONTAINED WITH MODULAR WEATHERPROOF ENCLOSURE AND SUB-BASE FUEL TANK) VARIABLE FREQUENCY DRIVES PANELBOARDS LIGHTING SYSTEM UNDERGROUND SYSTEM GROUNDING SYSTEM iii

5 SECTION LEGAL ADVERTISEMENT INVITATION TO BID FLORIDA GOVERNMENTAL UTILITY AUTHORITY LEE COUNTY, FLORIDA Date: April 12, 2011 BID NO. NFM 002; Waterway Estates Interconnect Sealed proposals for the forcemain interconnect between the Waterway Estates WWTP and the FGUA's North Ft. Myers Del Prado WWTP addressed to the Florida Governmental Utility Authority, c/o the FGUA local office at 280 Wekiva Springs Road, Suite 2000, Longwood, FL will be received until 2pm Local Time, on the 12 th day of May, 2011 at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A NON MANDATORY pre-bid conference shall be held at 1pm Local Time, on the 27 th day of April, 2011 in the offices of Florida Governmental Utility Authority, 5660 Bayshore Road, Suite 36, North Ft. Myers, FL at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Florida Governmental Utility Authority, Bid No. NFM 002; Waterway Estates Interconnect and Bid Date May 12, 2011." No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Schedule (Section 00410) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all work to be performed pursuant to this invitation to bid. Bidding Documents may be examined in the office of: Florida Governmental Utility Authority 5660 Bayshore Road, Suite 36 North Ft. Myers, FL Telephone Prospective bidders may obtain the Bidding Documents free of charge, in downloadable PDF file format, from the FGUA website at Bid documents will be made available by the close of business on April 15, Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the

6 event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a Florida licensed agent of the surety or insurance company doing business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and local ordinances. Before a contract will be awarded for the work contemplated herein, the FGUA shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the FGUA to evaluate the Bidder's qualifications. The Successful Bidder shall be required to fully complete all Work to be performed pursuant to this invitation to bid within 330 calendar days from and after the Commencement Date specified in the Notice to Proceed. The FGUA reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 12 th day of April, FLORIDA GOVERNMENTAL UTILITY AUTHORITY Tallahassee, Florida BY: Robert W. Dickson Capital Program Manager

7 BIDDERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed 2. The bid prices offered have been reviewed 3. The price extensions and totals have been checked. 4. The payment terms have been accepted. 5. Any required drawings, descriptive literature, etc. have been included. 6. The Public Entity Crimes Statement has been signed. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. Bid Bonds must be from a Florida licensed agent surety company. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Florida Governmental Utility Authority 280 Wekiva Springs Road, Suite 2000 Longwood, Florida Attn: Robert W. Dickson, Capital Program Manager 11. The mailing envelope must be sealed and marked with the Bid Number, Project name and Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time (Otherwise bid cannot be considered.) 13. One (1) original and one (1) photocopy of the bid fastened by clip have been included. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bidder Name Signature & Title Date Project No. NFM 002

8 SECTION INSTRUCTIONS TO BIDDERS Section 1. Definitions. 1.1 The term "FGUA" used herein refers to the Florida Governmental Utility Authority or its duly authorized representative. For the purposes of this Contract, the term FGUA shall be interchangeable with the term OWNER. 1.2 The term "Bidder" used herein means one who submits a bid directly to the FGUA in response to this solicitation. 1.3 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the FGUA, on the basis of the FGUA's evaluation. 1.4 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.5 The term "Bid" shall mean a completed Bid Proposal (Section 00400), Bid Schedule (Section 00410), and Bidder s Qualifications Statement (Section 00420), bound in the Bidding Documents, properly signed, providing the FGUA a proposed cost for providing the services required in the Bidding Documents. 1.6 The term Work includes all work required in connection with the Project specified in the Legal Advertisement for this solicitation as set forth in the Bidding Documents for this Project. 1.7 The term Design Professional shall be the entity named as such in the Agreement and shall be interchangeable with the term ENGINEER. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the FGUA (pages to as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by type, and the original Bid shall be manually signed by the Bidder. An original and one (1) copy of the Bid fastened by clip (please, NO staples) must be received by the FGUA no later than May 12, 2011 at 2pm local time in the offices of the FGUA in Longwood, Florida. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name, Bid Opening Date and Time, and shall be addressed to: Project No. NFM 002

9 Florida Governmental Utility Authority 280 Wekiva Springs Road, Suite 2000 Longwood, Florida (407) If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received after the time specified for bid opening will be returned to the Bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a certified check payable to FGUA on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or bid bond, in an amount not less than 5% of the Bid issued by a Surety authorized to issue such bonds in the State of Florida (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by FGUA as liquidated damages if the successful Bidder fails to execute and deliver to FGUA the construction agreement, or fails to deliver the required performance and payment bonds or certificates of insurance, all within ten (10) calendar days after receipt of the Notice of Award. The Attorney-in-fact who executes this bond on behalf of the Surety must attach a notarized copy of the Power of Attorney as evidence of its authority to bind the Surety. Where laws or regulations require certification by a resident agent shall also be provided. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to FGUA together with the required bonds and insurances, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid shall be withdrawn within ninety (90) days after the public opening thereof. If a Bid is not accepted within ninety (90) days after the public opening, it shall be deemed rejected and the Bid Deposit shall be returned to Bidder as provided herein. 3.2 The Successful Bidder shall execute six (6) copies of the Agreement and deliver same to FGUA within the time period noted above. The FGUA shall execute all six (6) copies and return two fully executed copies of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the FGUA shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 FGUA reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder. Further, FGUA reserves the right to withdraw this solicitation at anytime prior to final award of the contract. FGUA is not Project No. NFM 002

10 liable for any costs incurred by Bidder prior to issuance of the executed Agreement as set forth in Section 3.2 hereof. 4.2 FGUA reserves the right to formally amend and/or clarify the requirements of the Bid Specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed to all parties who receive the original bid specification and are eligible for consideration prior to the deadline for submission of proposals. Only one Bid from any individual, firm, partnership or corporation, under the same name or different names, shall be considered. Should it appear to FGUA that a Bidder has interest in more than one Bid for the Work, all Bids of such Bidder shall be rejected. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by FGUA prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids Project No. NFM 002

11 Bids received after the scheduled receipt time will not be accepted and may be returned unopened to the sender. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal affect. All requests for interpretations or clarifications shall be in writing, addressed to the FGUA, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting his Bid that he has received all addenda issued and he shall acknowledge same in his Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting a Bid, each Bidder certifies that the submitter has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of his observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The FGUA will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the FGUA does not warrant or represent to any Bidder either the completeness or accuracy of Project No. NFM 002

12 any such surveys and reports. Before submitting his Bid, each Bidder shall, at his own expense, make such additional surveys and investigations as may be necessary to determine his Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The FGUA may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Section 12. Award of Contract and Right to Protest Award of the contract shall be made to the lowest, responsive and responsible Bidder determined on the basis of 1) Total Base Bid, or 2) Total Base Bid plus Additive Alternate No. 1, and the FGUA's investigations of the Bidder. The decision on which method to award the contract shall be made at the sole discretion of FGUA. When the contract is awarded by FGUA, such award shall be evidenced by a written document Notice of Award, signed by the authorized representative of FGUA and delivered to the intended awardee by certified mail or other express delivery service, and a copy also provided to each bidder for the project. Award of Contract will be made by the FGUA Board in public session. Award recommendations will be posted outside the offices of the Government Services Group at its Longwood address. Any Bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the FGUA s Chief Financial Officer within seventy two (72) hours (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice of intent, the protesting party will have seven (7) days from the date of posting to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "protest policy" is available at the offices of the FGUA s Chief Financial Officer Project No. NFM 002

13 For Bidders who may wish to receive copies of Bids after the Bid opening, the FGUA reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax The Florida Governmental Utility Authority, as a legal entity and public body created by interlocal agreement pursuant the section (7), Florida Statutes is exempt from the payment of Florida sales tax. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with the FGUA. By submittal of a properly executed response to a procurement request from the FGUA, the Bidder is acknowledging that he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. The Florida Governmental Utility Authority is also exempt from most Federal excise taxes. By submittal of a properly executed response to a procurement request from the Florida Governmental Utility Authority, the Bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section , F.S., otherwise known as "The Public Bid Disclosure Act", the Florida Governmental Utility Authority will pay for all local County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work. Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section The successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by the local Counties pursuant to the prosecution of the work. Section 15. Public Entity Crimes Chapter 287, Florida Statutes, regulates the procurement of personal property and services by state agencies. 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 tot 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 Project No. NFM 002

14 of real property to a public entity, may not be awarded or perform work as a contractor, 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 Section Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bidder shall complete and return the public entity crimes affidavit included in the Bidding Documents Project No. NFM 002

15 SECTION BID PROPOSAL Full Company Name of Bidder: Main Business Address: (including city, state and zip) Place of Business: (including city, state and zip) Business Telephone and Fax Numbers: Contact Name: State Contractor's License# To: BOARD OF DIRECTORS OF THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY (hereinafter called the FGUA) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Contractor's Addendum Number Date Issued Initials Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the FGUA in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the FGUA as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that he will take full payment the sums set forth in the following Bid Schedule (Section 00410): Project No. NFM 002

16 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers he proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON- RESPONSIVE. MATERIAL 1 C900 PVC Pipe 2 C905 PVC Pipe 3 HDPE Pipe Hp Submersible Pump 5 75 Hp Submersible Pump kw Emergency Generator kw Emergency Generator Dated MANUFACTURER Bidder By Project No. NFM 002

17 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the owner through the Engineer. Subcontractor and address Class of Work to be performed Dated Bidder By Project No. NFM 002

18 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of his experience, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference Dated Bidder By Project No. NFM 002

19 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, Chapter 553, Part VI, Florida Statutes. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure Quantity Cost Cost (Description) (LF,SY) Total $ Failure to complete the above may result in the Bid being declared non-responsive. Dated Bidder By Project No. NFM 002

20 BID REPRESENTATIONS Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within 10 calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: dollars ($ ) is to become the property of the FGUA in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the FGUA. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date established in the written Notice to Proceed. The undersigned further agrees to substantially complete all work covered by this Proposal within consecutive calendar days from and including the date stipulated in the written Notice to Proceed and to be fully completed to the point of final acceptance by the FGUA within consecutive calendar days from and including the date stipulated in the written Notice to Proceed. Respectfully Submitted State of ) County of ), being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them., also deposes and says that he has examined and carefully prepared his Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct Project No. NFM 002

21 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of, which operates under the legal name of, and the full names of its officers are as follows: President Secretary Treasurer Manager and it (does) or (does not) have a corporate seal. The (name) is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken, a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: Project No. NFM 002

22 (c) Individual The Bidder is an individual whose full name is, and if operating under a trade name, said trade name is: Dated legal entity Witness Witness By Name of Bidder (typed) Signature/Title STATE OF [Corporate Seal] COUNTY OF The foregoing instrument was acknowledged before me this day of,, by, as of, a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Project No. NFM 002

23 Project Title: Waterway Estates Interconnect Project No.: NFM 002 SECTION BID SCHEDULE The bidder shall submit a bid on all items, with the exception of Items 6a and 6b, ONLY ONE OF WHICH SHALL BE SUBMITTED, or the bid shall be considered irregular. The Owner reserves the right to accept or reject the bid. The Owner, or his representative, further reserves the unqualified right to determine whether any particular item or items or materials, equipment, or whatsoever is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. The Contractor shall perform with his own organization, work amounting to not less than fifty percent (50%) of the total contract amount, less the total amount for those contract items designed as specialty work. Note: LF = Linear Foot LB = Pounds EA = Each LS = Lump Sum CY = Cubic Yard SY = Square Yard SF = Square Foot Item No. Description Quantity Unit Unit Price Amount 1 General Conditions 1.1 Mobilization/Demobilization 1 LS $ $ 1.2 Bonds and Insurance 1 LS $ $ 1.3 Maintenance of Traffic 1 LS $ $ 1.4 As Built Survey 1 LS $ $ 1.5 Silt Fencing 36,000 LF $ $ 2 Intermediate Pump Station ft dia. wet well/valve vault 1 LS $ $ 2.2 Asphalt Pavement 55 SY $ $ 2.3 Gravel Pavement 600 SY $ $ Project No. NFM 002

24 Item No. Description Quantity Unit Unit Price Amount ft chain link fence 365 LF $ $ hp submersible pumps 2 EA $ $ 2.6 Submersible Mixer 1 EA $ $ 2.7 Level control/instrumentation 1 LS $ $ 2.8 Mechanical piping 280 LF $ $ 2.9 Odor Control System 1 LS $ $ 2.10 Emergency Generator 1 LS $ $ 2.11 Electrical Service 1 LS $ $ 2.12 Electrical Gear 1 LS $ $ 2.13 Site Lighting 1 LS $ $ 2.14 Site Work 1 LS $ $ 2.15 Master Manhole 1 LS $ $ 2.16 Concrete Pads 18.0 CY $ $ 2.17 Pre-Fabricated Building 1 LS $ $ 2.18 LCEC Upgrade to Electrical Services 1 Allowance $5,000 $5, in C900 PVC Force Main 300 LF $ $ 4 12-in C900 PVC Force Main 4,200 LF $ $ 5 16-in C905 PVC Force Main 12,000 LF $ $ 6a OR 6b Open Cut 16-in C905 PVC Force Main from Station to Station Replace Open Cut Installations from Station to Station with HDD of 20-in HDPE DR-11 Force Main 6,300 LF 6,300 LF $ $ $ $ 7 Connect to Existing 18-in Force Main 1 EA $ $ Project No. NFM 002

25 Item No. Description Quantity Unit Unit Price Amount 8 Connect to Existing 16-in Force Main 1 EA $ $ 9 Connect to Existing 14-in Force Main 1 EA $ $ 10 Connect to Existing 8-in Force Main 1 EA $ $ in HDPE HDD 1,300 LF $ $ in HDPE HDD 6,200 LF $ $ in HDPE Casing 1,120 LF $ $ in Jack and Bore 120 LF $ $ 15 Asphalt Pavement Removal and Replacement 8,459 SY $ $ 16 Driveway Replacement 8,516 SF $ $ 17 Sidewalk Replacement 12,240 SF $ $ 18 Curb Replacement 860 LF $ $ 19 Sodding 15,3700 SF $ $ 20 Seeding 12,9000 SF $ $ 21 Rock Excavation and Disposal 1,000 CY $ $ 22 Muck Removal and Replacement with Suitable Fill 1,000 CY $ $ 23 Restoration of Existing Water Services 25 EA $ $ 24 Restoration of Existing Sanitary Laterals 25 EA $ $ Total Base Bid (Items No. 1 through 23) $ Written Words Project No. NFM 002

26 Item No. Description Quantity Unit Unit Price Amount 24 Additive Alternate No. 1 (Lift Station 01) 24.1 Demolition 1 LS $ $ 24.2 Removal of T-Lock Liner at Wetwell and Installation of Coating System 1 LS $ $ hp submersible pumps 3 EA $ $ 24.4 Level Control/Instrumentation 1 LS $ $ 24.5 Mechanical piping 1 LS $ $ 24.6 Odor Control System 1 LS $ $ 24.7 Emergency Generator 1 LS $ $ 24.8 Electrical Service 1 LS $ $ 24.9 Electrical Gear 1 LS $ $ Site Lighting 1 LS $ $ Site Work 1 LS $ $ Concrete Pads 2 CY $ $ Repair Concrete under Odor Control Unit 1 Allowance $5,000 $5, Perform Structural Repair on the Wet Well 1 Allowance $20,000 $20, LCEC Upgrade to Electrical Services 1 Allowance $5,000 $5,000 Total Additive Alternate No. 01 $ Written Words Project No. NFM 002

27 SECTION BIDDER S QUALIFICATION STATEMENT The undersigned guarantees the truth and accuracy of all statements and answers herein contained. Include additional sheets if necessary. Print in ink or type all answers. General CONTRACTORS proposing to be qualified to perform the Work are advised that they must address each item of this sheet, giving full descriptions of the material and equipment that they propose to furnish. Any information omitted will be sufficient reason for refusal to qualify. General CONTRACTOR s License No. (attach copy). Experience 1. How many years has your organization been in business as a general contractor? 2. Have you ever failed to complete the work awarded to you within the specified contract time in the last five (5) years? If so, where, when, and why? Attach sheet, if necessary. 3. Give names, addresses, and telephone numbers of three (3) individuals or corporations for which you have performed work and that can be contacted as a reference. Attach sheet, if necessary. 4. Complete the table below as fully as possible, describing projects similar in character and scope to the Work specified herein and which have been successfully completed during the past three (3) years. Attach sheet, if necessary Location and Type of Work OWNER Name/City Consulting Engineer Year Completed Contract Price Project No. NFM 002

28 General 5. Describe your present workload. Do you have project underway which might interfere with the start of this Work and completion on schedule? 6. List all past litigations or arbitrations for the past five (5) years and final outcome. Fully describe the circumstances (use additional sheets if necessary). 7. Are you presently involved in any litigations or arbitration? If so, describe fully the circumstances and dollar amounts associated with litigation. Attach sheet, if necessary. 8. Use the following space to give a summary of the Financial Statement of your organization. (List assets and liabilities for the past five (5) years, and use additional sheet if necessary): 9. Has your corporation(s) been declared insolvent and/or had the bond pulled on a project? Project No. NFM 002

29 10. State the true and exact, correct, and complete name under which you do business. BIDDER IS: (Signature) (Name) (Title) (Company) (date) Project No. NFM 002

30 SECTION BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, (herein after called the Principal) and, (herein called the Surety), a corporation chartered and existing under the laws of the state of with its principal offices in the city of and authorized to do business in the State of Florida are held and firmly bound unto the Florida Governmental Utility Authority (hereinafter called the FGUA, in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the FGUA, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the FGUA, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: (Project Number and Description) NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the FGUA, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the FGUA, in an amount of 100 Percent of the total Contract price each in a form and with security satisfactory to the said FGUA, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid FGUA, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages Project No. NFM 002

31 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of,. Principal By (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for Project No. NFM 002

32 THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL SWORN STATEMENT UNDER SECTION (3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the Florida Governmental Utility Authority by [print individual's name and title for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). 2. I understand that a "public entity crime" as defined in Para (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation Project No. NFM 002

33 3. I understand that "convicted" or "conviction" as defined in Para (1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate: as defined in Para (1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint-venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Para (1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies: Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, Project No. NFM 002

34 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of, 20 by who is personally known OR produced identification (Type of Identification) Notary Public - State of Florida My commission expires Notary Public Signature (SEAL) Printed, typed or stamped Commissioned name of Notary Public Project No. NFM 002

35 SECTION CONSTRUCTION AGREEMENT THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section (7) Florida Statutes, ("FGUA"), hereby contracts with ("Contractor ) of (address) a contractor licensed to perform all work in the State of Florida in connection with FGUA Project No. NFM 002; Waterway Estates Interconnect ("Project"), as said work is set forth in the Plans and Specifications prepared by CDM, Inc. the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified (the Work ). FGUA and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders, Work Authorizations and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. FGUA shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the work required by this Agreement. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of FGUA, FGUA agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $ or in WORDS. Section 4. Bonds FGUA Project No. NFM 002

36 A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Section and Section of the Contract Documents, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to FGUA; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the FGUA's approval. Section 5. Contract Time and Liquidated Damages A. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the FGUA. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within 300 calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so FGUA can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall be fully completed and ready for final acceptance by FGUA within 330 calendar days from the Commencement Date (herein "Contract Time"). B. FGUA and Contractor recognize that, since time is of the essence for this Agreement, FGUA will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, FGUA shall be entitled to assess, as liquidated damages, but not as a penalty, $1, for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Design Professional issues a Substantial Completion Certificate pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the FGUA's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted FGUA Project No. NFM 002

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