38578_Mechanical Vegetation Services_2nd CALL.pdf

RFQ # 38578 – 2nd Call

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

MECHANICAL VEGETATION SERVICES WITH OPERATOR

REQUEST FOR QUALIFICATIONS 38578 – 2ND CALL

The Governing Board of the St. Johns River Water Management District (the “District”), requests that interested parties respond to the solicitation below by 2:00 p.m., August 16, 2023. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, or the District by calling or emailing LaDonna Johnson, Associate Procurement Specialist, at 386-329-4592 or ljohnson@sjrwmd.com. Responses will be opened in the Procurement Conference Room, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177-2571.

The District is requesting responses from firms licensed in the state of Florida to provide Mechanical Vegetation Management Services with Operator. Services to be provided include reduction of vegetation for habitat enhancement projects including creation or improvement of fire lines and roads, installing fencing for right of ways (ROW), and to comply with federal standards for vegetation density along flood control levees. Protection and improvement for reforestation and marsh/upland ecosystems management to improve wildlife habitat and/or ecosystems health in general, throughout the 18-county boundary area, is the District core mission. Firms must have experience in Mechanical Vegetation Management Services as outlined in this solicitation.

The District will approve all firms that demonstrate the qualifications necessary to successfully perform the activities as outlined in the Request for Qualifications (RFQ). Each of the qualified firms selected shall execute a contract with the District for a period of 36 months. Award of these contracts does not preclude the firms from responding to any other projects advertised by the District. The estimated budget for this work is $570,000, the combined total for all Work Orders awarded to all firms for these services.

Respondents are cautioned that this amount is an estimated only and poses no limitation on the District.

The pool of qualified firms will have the opportunity to submit quotes for individual projects, which will be awarded through Work Orders. For each new project throughout the life of the contract, the District will provide a Statement of Work (SOW) and a blank Schedule of Costs to each of the qualified firms. Award of the Work Order will be made to the firm with the lowest quote (based on the costs submitted in the firm’s Schedule of Costs) that can perform the work in the required time frame, with the District reserving the right, at its sole discretion, to reject all quotes.

Evaluation Committee Meeting:

The District’s Evaluation Committee will meet at District headquarters at 4049 Reid Street, Palatka, Florida 32177-2571, to evaluate and rank Submittals as follows:

• 9:00 a.m. on August 17, 2023, to o Discuss the responses o Finalize the rankings o Determine a shortlist of Respondents

After evaluations have been completed and determination of the qualified firms has been made, all respondents will be notified in writing of the staff’s intended recommendation to the Governing Board at the

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September 12, 2023, meeting. Individual contracts with each qualified firm will be executed following Governing Board approval of the qualified firms and the associated contracts.

Americans With Disabilities Act (ADA)

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

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CONTENTS

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

1. CONTRACT ADMINISTRATION ..................................................................................... - 4 -

2. WHERE TO DELIVER RESPONSE .................................................................................. - 4 -

3. OPENING OF RESPONSES ................................................................................................ - 4 -

4. PREPARATION AND ORGANIZATION OF RESPONSES .......................................... - 5 -

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

6. BUDGET ................................................................................................................................ - 6 -

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

8. SUBCONTRACTS ................................................................................................................ - 7 -

9. SIGNATURE AND CERTIFICATION REQUIREMENTS ............................................ - 7 -

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

11. REJECTION OF RESPONSES ........................................................................................... - 8 -

12. WITHDRAWAL OF RESPONSES ..................................................................................... - 8 -

13. EVALUATION AND AWARD PROCEDURES ............................................................... - 8 -

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

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

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

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

18. FLORIDA SALES TAX ...................................................................................................... - 12 -

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

20. NOTICES AND SERVICES THEREOF .......................................................................... - 12 -

21. PROTEST PROCEDURES ................................................................................................ - 12 -

FORMS ............................................................................................................................................................................ - 14 -

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

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL CONFORMANCE WITH

SPECIFICATIONS ...................................................................................................................................................... - 17 - QUALIFICATIONS — GENERAL ............................................................................................................................ - 18 - QUALIFICATIONS — SIMILAR PROJECTS .......................................................................................................... - 19 - QUALIFICATIONS — SIMILAR PROJECTS --- EQUIPMENT OPERATOR ....................................................... - 21 - QUALIFICATIONS — CLIENT REFERENCE ........................................................................................................ - 23 - DRUG-FREE WORKPLACE FORM ......................................................................................................................... - 24 - NO RESPONSE FORM ............................................................................................................................................... - 25 - DRAFT AGREEMENT ............................................................................................................................................. - 26 - ATTACHMENT A — STATEMENT OF WORK (applicable to all Work Orders) .................................................. - 44 - ATTACHMENT B — INSURANCE REQUIREMENTS .......................................................................................... - 49 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) .............................................. - 50 - ATTACHMENT D — SAMPLE WORK ORDER ..................................................................................................... - 51 - ATTACHMENT E — FINAL PAYMENT AND NON-PAYMENT AFFIDAVIT FORMS .................................... - 52 -

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INSTRUCTIONS TO RESPONDENTS

1. CONTRACT ADMINISTRATION

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

LaDonna Johnson, Associate Procurement Specialist Phone: 386-329-4592 Email: ljohnson@sjrwmd.com

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

2. WHERE TO DELIVER SUBMITTAL

Respondent must submit its Submittal either by (1) uploading to Demandstar or (2) delivered in digital format in a sealed envelope. Instructions for submitting are provided below.

(1) Uploaded

Submittals may now be uploaded directly to www.demandstar.com

OR

(2) Delivered

Delivered in digital format. All digitally submitted files shall be saved to a single pin/thumb/jump drive. The pin/thumb/jump drive MUST be placed in a sealed envelope – DO NOT SUBMIT YOUR SUBMITTAL BY EMAIL – THIS WILL RESULT IN THE SUBMITTAL BEING REJECTED AS NON-RESPONSIVE. Digital submittals must be mailed or hand-delivered, in a sealed envelope to:

LaDonna Johnson, Associate Procurement Specialist Attn: Office of Financial Services St. Johns River Water Management District 4049 Reid St, Palatka, FL 32177-2571

For mail or hand-delivered digital responses, Respondents must clearly label the Submittal envelope with large bold, and/or colored lettering (place label on outer envelope) as follows:

SEALED SUBMITTAL — DO NOT OPEN

Respondent’s Name: _______________________________ Request for Qualifications: 38578 Opening Time: 2:00 p.m.

Opening Date: August 16, 2023

3. OPENING OF SUBMITTALS

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

2:00 p.m., August 16, 2023 St. Johns River Water Management District Headquarters 4049 Reid Street, Palatka, Florida 32177-2571

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed Responses from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 http://www.demandstar.com/

- 5 -days after opening of responses, whichever is earlier. This exemption is not waived by the public opening of the responses.

Unless otherwise exempt, Respondent’s Submittal is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Responses is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla. Stat., Respondent must clearly identify any such material as “CONFIDENTIAL TRADE SECRET” in its Submittal and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a Submittal for excessive or unwarranted assertion of trade secret confidentiality and return the Submittal to Respondent.

4. PREPARATION AND ORGANIZATION OF RESPONSES

Respondent must submit its response in “digital” format. Instructions for submitting are provided below.

A. Instructions for Submitting Responses in “Digital” Format

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

2. Respondents shall provide and complete the following forms and questionnaires, and include them in their

Submittal under the tabs identified below (responses to the forms and questionnaires can be submitted on reproduced copies). Please refer to the detailed requirements referenced in the evaluation criteria:

Tab 1: Required Administrative Forms

Respondents must submit the following fully completed documents on reproduced copies of the attached forms provided in FORMS:

a) Response Form

b) Certificate as to Corporation Form

c) Affidavit as to Non-Collusion and Certification of Material Conformance with

Specifications

d) Proposed Subcontractors Form

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

Tab 2: Qualifications and ability of personnel assigned to the Work

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

a) Firm must be licensed for doing business in the state of Florida prior to date set for Request for Qualifications Submittal

b) Provide names, experience, and functions of key personnel to be assigned to this project

Tab 3: Mechanical Vegetation Experience

Provide names of at least three (3) Mechanical Vegetation projects utilizing required equipment (identified in the Statement of Work and completed within the last three (3) years each with an estimated budget cost of at least $10,000 with a combined total of all three similar completed projects being at least $35,000 using form Qualifications – Similar Projects

a) A minimum of two (2) Client references (one must be from the similar projects submitted) using form Qualifications – Client References

b) Respondent must have experience in Mechanical Vegetation Services similar to the Statement of Work.

c) Qualifications (General, Similar Projects, Equipment Operators, Client References, and other required qualification forms as indicated at the top of each page)

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Tab 4: Equipment

Provide documentation that firm either owns or has access to equipment required for performance of work specified in the Statement of Work. Inventory of equipment is subject to District’s verification and inspection. At a minimum, the firm shall own or have access to the following equipment:

a) Respondents must be able to provide all equipment, fuel, and transportation necessary to complete the job as specified in the Statement of Work

b) Respondents must have the ability to track locations via GPS for each machine on site as determined necessary by the Project Manager

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

4. All of the forms and questionnaires are available upon request in Microsoft Word to aid the Respondent in providing its Response in electronic format.

5. The file-naming conventions for the Response shall include:

a) Response: RFQ #_Respondent’s Name Due Date

• Example: RFQ 1234_ABC Company 3-28-23

6. The Response must include a separator page between each “Tabbed” section:

• Example: Tab 1 – Required Administrative Forms

7. All electronically submitted files shall be saved to a single pin/thumb/jump drive. The pin/thumb/jump drive

MUST be placed in a sealed envelope pursuant to the instructions under Item 2 for sealed responses.

In the event you decline to submit a Response, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a Response.

5. INQUIRIES AND ADDENDA

District staff are not authorized to orally interpret the meaning of the specifications or other Agreement documents, or correct any apparent ambiguity, inconsistency, or error therein. In order to be binding upon the District, the interpretation or correction must be given by the Procurement Specialist and must be in writing. The Procurement Specialist may orally explain the District’s procedures and assist Respondents in referring to any applicable provision in the Request for Qualifications documents, but the Respondent is ultimately responsible for submitting the Response in the appropriate form and in accordance with written procedures.

Every request for a written interpretation or correction must be received at least nine days prior to opening of Submittals in order to be considered. Requests may be submitted by email at ljohnson@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Responses.

Submission of a response constitutes acknowledgment of receipt of all addenda. Responses will be construed as though all addenda had been received. Failure of the Respondent to receive any addenda does not relieve Respondent from any and all obligations under the Response, as submitted. All addenda become part of the Agreement.

6. BUDGET

The estimate budget for the period beginning October 1, 2023, through September 30, 2026, is $570,000.

The above amount is an estimate only and does not limit the District in awarding the Agreement(s). Respondents are cautioned to not make any assumptions from the budget estimate about the total funds available for the Work. The

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District retains the right to adjust the estimate in awarding the Agreement(s). In addition, the District reserves the right to increase, decrease, or delete any class, item, or part of the Work in order to reduce costs for any reason. The District may discuss alternatives for reducing the cost of the Work with Respondents and make such modifications as it determines to be in its best interest.

7. MINIMUM QUALIFICATIONS

Failure to include this information with the Submittal may be considered non-responsive.

a) Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least three projects of a similar nature, utilizing required equipment (identified in the statement of work) within the last three years.

b) Each similar project must have had a project value of at least $10,000 with a combined total of all similar completed projects being at least $35,000.

c) Respondent must have no less than three years of experience on projects similar to those described in the

SOW.

d) Each of Respondents’ equipment operator(s) must have no less than three years of experience on projects similar to those described in the SOW.

e) Respondent’s equipment operator(s) shall each, within the past three years, have successfully completed at least two projects (for the Respondent or another contractor) of a similar nature (as in Statement of Work) using equipment equivalent to that specified in the Statement of Work.

f) Respondent must provide a minimum of two references. At least one of the client references must be from the similar projects listed. Not more than one (1) reference shall be from the District. If a District project is cited, do not request a letter from District staff. The Evaluation Committee will use the project’s closeout documents in lieu of a letter of reference and may consult with the District project manager. -

Irrespective of the minimum qualifications stated above, the District may make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work. The District reserves the right to reject any Response if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

8. SUBCONTRACTS

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

9. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Response must sign his/her name therein and state his/her address and the name and address of every other person interested in the Response as principal. If a firm or partnership submits the Response, state the name and address of each member of the firm or partnership. If a corporation submits the Response, an authorized officer or agent must sign the Response, subscribing the name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer.

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Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida. Respondent must certify that all persons or entities having an interest as principal in the Response or in substantial performance of the Work have been identified in the Response forms.

10. DISQUALIFICATION OF RESPONDENTS

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

a. Contacting a District employee or officer other than the procurement employee named in this solicitation about any aspect of this solicitation before the notice of intended decision is posted.

b. Submission of more than one Submittal for the same subject matter by an individual, firm, partnership, or corporation under the same or different names;

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Submittal;

e. Information gained through checking of references or other sources which indicates that Respondent may not successfully perform the Work;

f. Respondent is failing to adequately perform on any existing contract with the District;

g. Respondent has defaulted on a previous contract with the District;

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

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

11. REJECTION OF RESPONSES

Responses must be delivered to the specified location and received before the Responses opening in order to be considered. Untimely Submittals will be returned to the Respondent unopened. Responses will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, or other material irregularities. The District may consider incomplete any Response not prepared and submitted in accordance with the provisions specified herein, and reserves the right to waive any minor deviations or irregularities in an otherwise valid Response.

The District reserves the right to reject any and all submittals and cancel this request for qualifications when it determines, in its sole judgment and discretion, that it is not in its best interest to award an agreement.

12. WITHDRAWAL OF RESPONSES

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

13. EVALUATION AND AWARD PROCEDURES

a. Responses will be evaluated by a staff Evaluation Committee based upon the criteria and weighting set forth in “EVALUATION CRITERIA.” The committee members will meet at District headquarters or other location

- 9 -as appropriate to discuss the submittals and their individual evaluations. Each committee member completes an evaluation form, from which the list of qualified Respondents is compiled. Evaluation forms may be submitted at or subsequent to the Evaluation Committee meeting. If it is determined that it will assist the committee’s evaluation for some or all Respondents to make an oral presentation, such presentations will be scheduled at District headquarters or other location as appropriate.

b. Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation; (2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed. Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the responses or final replies, whichever occurs earlier. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

c. Pursuant to §286.0113 Fla. Stat., if the District rejects all Responses and concurrently provides notice of its intent to reissue the competitive solicitation, any recordings or records presented at any exempt meeting relating to the solicitation shall remain exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all Responses.

d. Following the evaluation process, the District will submit the final list of qualified Respondents to the Governing Board for approval, except for those instances in which the authority to approve and execute the Agreement has been delegated by the Governing Board to the Executive Director, or designee. All Respondents will be notified in writing of the Evaluation Committee’s final list of qualified Respondents.

e. The Agreements will be awarded to all Respondents determined by the Evaluation Committee to be qualified (the “Successful Respondents”). The Agreement may be modified based on the District’s acceptance of any alternatives listed in this Request for Qualifications that the District deems in its best interest.

f. All Respondents will be notified of the District's intent to award or decision to award the Agreement. For the purpose of filing a protest under §120.57(3), Fla. Stat., the time period will commence as provided in

“NOTICES AND SERVICES THEREOF.”

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14. EVALUATION CRITERIA

Criteria Meets Requirements

Y/N 1 Tab 1: Required Administrative Forms

Respondent must submit the following fully completed documents

a) Response Form

b) Certificate as to Corporation Form

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

d) Proposed Subcontractors Form

e) Drug-Free Workplace Form

2 Tab 2: Qualifications and ability of personnel assigned to the Work

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

a) Firm must be licensed for doing business in the state of Florida prior to date set for Request for

Qualifications Submittal

b) Provide names, experience and functions of key personnel to be assigned to this project

3 Tab 3: Mechanical Vegetation Experience

Provide names of at least three (3) Mechanical Vegetation projects utilizing required equipment

(SOW) and completed within the last three (3) years each with an estimated budget cost of at least

$10,000 ($35,000 combined) using form Qualifications -Similar Projects

a) A minimum of two (2) Client references (one must be from the similar projects submitted) using form Qualifications – Client Reference

b) Respondent must have experience in Mechanical Vegetation Services similar to the Statement of Work

c) Qualifications (General, Similar Projects, Equipment Operators, Client References, and other required qualification forms as indicated at the top of each page)

4 Tab 4: Equipment

Provide documentation that firm either owns or has access to equipment required for performance of work specified in the Statement of Work. Inventory of equipment is subject to District’s verification and inspection. At a minimum, the firm shall own or have access to the following equipment:

a) Responded must be able to provide all equipment, fuel, and transportation necessary to complete the job as specified in the Statement of Work

b) Respondents must have the ability to track locations via GPS for each machine on site as determined necessary by the Project Manager

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15. EXECUTION OF AGREEMENT

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

a. A completed Internal Revenue Service Form W-9

b. Satisfactory evidence of all required insurance coverage

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

d. All other information and documentation required by the Agreement

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

Failure upon the part of a Successful Respondent to execute the Agreement or timely submit the required evidence of insurance coverage, or any other matter required by the Agreement, will be just cause, if the District so elects, for the recommended award to be annulled.

16. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

Respondent is solely responsible for being fully informed of the conditions under which the Work for each Work Order is to be performed in relation to existing conditions. Respondent is responsible for carefully examining the general area of the Work, the requirements of the drawings and other Agreement or Work Order documents related to the Work, the time in which the Work must be completed, and any other details of the Work. Respondent must satisfy itself from its own personal knowledge and experience or professional advice as to the character of the Work, the conditions and materials to be encountered, the character, quality, and quantities of the Work, and any other conditions affecting the Work, including surrounding land.

Failure to satisfy the obligations of this paragraph will not relieve a Successful Respondent of its obligation to furnish all material, equipment, and labor necessary to perform the Agreement and any issued Work Order and to complete the Work for the consideration set forth in its Work Order quote. Any such failure will not be sufficient cause to submit a claim for additional compensation.

No verbal agreement or conversation with any District officer, agent or employee, either before or after the execution of the Agreement, will affect or modify any of its terms.

17. DIVERSITY OPPORTUNITIES

The District is committed to the opportunity for diversity in the award and performance of all procurement activities.

The District encourages its Respondents to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as second and lower tier participants. The District will assist Respondents by sharing information on W/MBEs to encourage their participation.

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18. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEALOGICAL INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701: Notice is hereby provided that pursuant to Section 287.05701, Florida Statutes, the District (1) will not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the Respondent is a responsible Respondent and (2) may not give preference to a Respondent based on the Respondents social, political, or ideological interests.

19. FLORIDA SALES TAX

The District is exempt from payment of State of Florida sales tax pursuant to §212.08(6), Fla. Stat. Any tangible personal property that is the subject of this Request for Qualifications is intended to remain tangible personal property and not become part of a public work owned by the District.

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted vendor lists following a conviction for a public entity crime or placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;

may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted or discriminatory vendor lists.

21. NOTICES AND SERVICES THEREOF

The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on Onvia DemandStar at DemandStar.com and Vendor Registry at vendorregistry.com. Onvia DemandStar and Vendor Registry may also be accessed through the District’s web site at sjrwmd.com. In addition, the District will post notices of intended agency decisions at the District’s headquarters, 4049 Reid Street, Palatka, Florida, Administration Building, Procurement Bulletin Board, on the date the publication is posted on Onvia DemandStar and Vendor Registry.

Notices will be posted for a minimum of 72 hours. The time period for filing a Notice of Protest pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, commences at the time notices are posted.

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

22. PROTEST PROCEDURES

Pursuant to§120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the terms, conditions, or the specifications contained in a solicitation, including addenda, must file a written Notice of Protest within 72 hours after its posting.

Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by a District decision or intended decision to award a contract, or to reject all bids, proposals, or qualifications, must file a written Notice of Protest within 72 hours after posting of the decision or intended decision.

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Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.004, Fla. Admin. Code, the protester must also file a Formal Written Protest within ten days after the date the Notice of Protest is filed with the District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based. Pursuant to §287.042(2)(c), Fla.

Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the Formal Written Protest a bond, cashier’s check, or money order made payable to the St. Johns River Water Management District in an amount equal to one percent (1%) of the estimated contract amount.

No additional time will be added for mailing. All filings must comply with Rule 28-106.104, Fla. Admin. Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept as filed any electronically transmitted facsimile pleadings, petitions, Notice of Protest or other documents.

The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at sjrwmd.com.

These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

Failure to file a protest within the time prescribed in §120.57(3), Fla. Stat., or failure to post the bond or other security required by law within the time allowed for filing a bond will constitute a waiver of proceedings under chapter 120, Fla. Stat. Mediation under §120.573, Fla. Stat., is not available.

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FORMS

RESPONSE FORM

Include this form in the Response

RESPONDENT:

The undersigned, as Respondent, hereby declares and certifies that the only person(s) or entities interested in this submittal as principal(s), or as persons or entities who are not principal(s) of the Respondent but are substantially involved in performance of the Work, is or are named herein, and that no person other than herein mentioned has any interest in this submittal or in the Agreement to be entered into; that this submittal is made without connection with any other person, company, or parties making a submittal; and that this submittal is in all respects fair and in good faith without collusion or fraud.

Respondent represents to the District that, except as may be disclosed in an addendum hereto, no officer, employee or agent of the District has any interest, either directly or indirectly, in the business of Respondent to be conducted under the Agreement, and that no such person shall have any such interest at any time during the term of the Agreement, should it be awarded to Respondent.

Respondent further declares that it has examined the Agreement and informed itself fully in regard to all conditions pertaining to this solicitation; it has examined the specifications for the Work and any other Agreement documents relative thereto; it has read all of the addenda furnished prior to the submittal opening, as acknowledged below; and has otherwise satisfied itself that it is fully informed relative to the Work to be performed.

Respondent agrees that if their submittal is accepted, Respondent shall contract with the District in the form of the attached Agreement, and shall furnish everything necessary to complete the Work in accordance with the time for completion specified in the Agreement, and shall furnish the required evidence of the specified insurance.

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

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title

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PROPOSED SUBCONTRACTORS FORM

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Respondent intends to use the following subcontractors on this project (if none, write “None”): _________

1. Name and address of subcontractor:

Description of work:

Estimated value of Work:

2. Name and address of subcontractor:

3. Name and address of subcontractor:

4. Name and address of subcontractor:

5. Name and address of subcontractor:

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CERTIFICATE AS TO CORPORATION

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The below Corporation is organized under the laws of the State of ; is authorized by law to respond to this Request for Qualification and perform all work and furnish materials and equipment required under the Agreement, and is authorized to do business in the state of Florida.

Corporation name:

Address:

Registration No.:

Registered Agent:

By:

(Official title)

(Affix corporate seal)

Attest:

(Secretary)

The full names and business or residence addresses of persons or firms interested in the foregoing responses as principals or officers of Respondent are as follows (specifically include the President, Secretary, and Treasurer and state the corporate office held of all other individuals listed):

Identify any parent, subsidiary, or sister corporations involving the same or substantially the same officers and directors that will or may be involved in performance of the Project, and provide the same information requested above on a photocopy of this form.

If applicable, attach a copy of a certificate to do business in the state of Florida, or a copy of the application that has been accepted by the state of Florida to do business in the state of Florida, for the Respondent and/or all out-of-state corporations that are listed pursuant to this form.

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AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF

MATERIAL CONFORMANCE WITH SPECIFICATIONS

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STATE OF

COUNTY OF

I, the undersigned, being first duly sworn, depose and say that:

1. I am the owner or duly authorized officer, representative, or agent of:

the Respondent that has submitted the attached submittal.

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

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

4. Neither Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham submittal in connection with the Agreement for which the attached response has been submitted, or to refrain from submitting in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement, collusion, communication, or conference with any other Respondent, firm, or person to fix the price or prices in the attached submittal of any other Respondent, or to fix any overhead, profit, or cost element of the submittal prices or the submittal price of any other Respondent, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the District or any other person interested in the proposed Agreement.

5. The attached submittal is fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

6. No official or other officer or employee of the District, whose salary or compensation is payable in whole or in part by the District, is directly or indirectly interested in this submittal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits therefrom.

7. Any materials and equipment proposed to be supplied in fulfillment of the Agreement to be awarded conform in all respects to the specifications thereof. Further, the proposed materials and equipment will perform the intended function in a manner acceptable and suitable for the intended purposes of the District.

Signature:

Title:

Subscribed and sworn to before me by means of ☐physical presence or ☐online notarization, this _______ day of _______________, 20 ___.

Notary Public, state of _________________ at Large

My commission expires:

(SEAL)

☐Personally known OR ☐ Produced identification, Type of Identification Produced: _________________

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QUALIFICATIONS — GENERAL

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As part of the submittal, Respondent shall complete the following so that the District can determine Respondent’s ability, experience, and equipment needed to perform the Work.

Name of Respondent:

Year company was organized/formed:

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

Total number of years Respondent has experience in similar Mechanical Vegetation work described in the

INSTRUCTIONS TO RESPONDENTS:

Has Respondent previously been engaged in the same or similar business under another firm or trade name? If so, please describe each such instance.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting this submittal or a prior entity that Respondent substantially operated or controlled?

If yes, please describe the nature and result of those proceedings and the entity involved.

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

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QUALIFICATIONS — SIMILAR PROJECTS

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Respondent (or a combination of the firm, individual, or equipment operator assigned to the work) must have successfully completed at least three (3) Mechanical Vegetation projects, within the last three (3) years, utilizing required equipment, with a minimum project value of $10,000 ($35,000 combined) as described in the INSTRUCTIONS TO RESPONDENTS. (Add additional sheet for optional additional completed projects.)

Completed Project 1:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Email: _____________________________________________ ______

Address of Project completed:

Name of project:

Description:

Project Value: ___________ Start date: ____________ Completion date:

(month/year)

Name(s) of assigned personnel:

Project manager:

Others:

Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Email: _____________________________________________ ______

Address of Project completed:

(month/year)

Name(s) of assigned personnel:

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Completed Project 3:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Email: _____________________________________________ ______

Address of Project completed:

(month/year)

Name(s) of assigned personnel:

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QUALIFICATIONS — SIMILAR PROJECTS --- EQUIPMENT OPERATOR

Include this form in the response; complete for each Equipment Operator

Provide names of at least two (2) successfully completed Mechanical Vegetation projects of a similar nature to that in the Statement of Work, utilizing required equipment of a similar nature to those described in the Statement of Work within the last three years. Projects may be completed by the equipment operator while employed with Respondent or for another employer.

Equipment Operator Name: _________________________________________________________________

Completed Project 1:

Agency/company: ______________________________________________________________________

Current contact person at agency/company: __________________________________________________

Telephone: _______________ Email: _____________________________________________ ______

Address of agency/company: ______________________________________________________________

Name of project: ________________________________________________________________________

Description (including services provided):___________________________________

Project value: ___________ Start date: _____________ Completion date: _____________________

(month/year)  (month/year)

Name(s) of assigned personnel: _____________________________________________________________

Project manager: ________________________________________________________________________

Others: ________________________________________________________________________________

Check which (if any) applied for this project:

☐ Using equipment equivalent to the required specifications in Attachment A – Statement of Work

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Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: _______________ Email: _____________________________________________ ______

Address of agency/company:

Description (including services provided):

Project value: ___________ Start date: _____________ Completion date:

(month/year) (month/year)

Name(s) of assigned personnel:

Check which (if any) applied for this project:

☐ Using equipment equivalent to the required specifications in Attachment A – Statement of Work

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