38951_IFB_Aerial Herbicide Application_FINAL.pdf

IFB 38951

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

AERIAL HERBICIDE APPLICATION

INVITATION FOR BID 38951

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 pm, September 19, 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 Bid Submittals from firms providing aerial herbicide application to support the District’s invasive plant management program. The invasive plant management program of the District controls nuisance upland and aquatic vegetation on approximately 450,000 acres of District-owned properties throughout its 18 counties. Additionally, the Florida Fish and Wildlife Conservation Commission contracts with the District to provide control of nuisance aquatic vegetation in eight public lakes to control undesirable vegetation and prevent spreading of these plants to promote propagation of desirable native plant species.

The objective of this solicitation is to obtain a vendor to provide aerial herbicide application to maintain control of nuisance aquatic vegetation to improve flood protection, navigation, recreation, restoration, and water quality and to control nuisance upland vegetation for protection of plant and animal communities.

The successful Respondent will be required to use helicopters for herbicide applications on District-managed lands. Aquatic sites will include, but are not limited to ditch banks, canals, drainage ditches, flooded farmland, marshes, lakes, and meandering river systems. Additional information is provided in the sample contract scope of work included in this solicitation.

The initial term of the Agreement is three years (October 12, 2023 – September 30, 2026). The estimated budget for the first District fiscal year (October 1, 2023 – September 30, 2024) of this project is $1,005,000. The Agreement may be renewed for two additional 12-month terms by the mutual and written consent of each party. Staff’s recommendation of award will be presented to the District’s Governing Board on October 10, 2023.

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 .................................................................................................. - 3 -

1. DEFINITIONS ......................................................................................................................... - 3 -

2. CONTRACT ADMINISTRATION......................................................................................... - 3 -

3. WHERE TO SUBMIT BID ..................................................................................................... - 3 -

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

5. PREPARATION AND ORGANIZATION OF BID DOCUMENTS ..................................... - 4 -

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

7. BUDGET ESTIMATE ............................................................................................................. - 5 -

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

9. SUBCONTRACTS .................................................................................................................. - 7 -

10. SIGNATURE AND CERTIFICATION REQUIREMENTS .................................................. - 7 -

11. DISQUALIFICATION OF RESPONDENTS ......................................................................... - 7 -

12. REJECTION OF BID .............................................................................................................. - 8 -

13. WITHDRAWAL OF BIDS ..................................................................................................... - 8 -

14. AWARDING THE AGREEMENT ......................................................................................... - 8 -

15. EXECUTION OF AGREEMENT ........................................................................................... - 9 -

16. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ......................... - 9 -

17. DIVERSITY .......................................................................................................................... - 10 -

18. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S. 287.05701: ...................................... - 10 -

19. FLORIDA SALES TAX ........................................................................................................ - 10 -

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS ........................................... - 10 -

21. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES ............................................ - 10 -

22. NOTICES AND SERVICES THEREOF .............................................................................. - 11 -

23. PROTEST PROCEDURES ................................................................................................... - 11 -

FORMS .................................................................................................................................................. - 12 - BID FORM ......................................................................................................................................... - 12 - COST SCHEDULE ............................................................................................................................ - 13 - PROPOSED SUBCONTRACTORS .................................................................................................. - 14 - CERTIFICATE AS TO CORPORATION ......................................................................................... - 15 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL CONFORMANCE

WITHSPECIFICATIONS .................................................................................................................. - 16 - QUALIFICATIONS — GENERAL .................................................................................................. - 17 - QUALIFICATIONS — SIMILAR PROJECTS ................................................................................ - 18 - QUALIFICATIONS. — SIMILAR PROJECTS (continued) ............................................................ - 19 - QUALIFICATIONS. — SIMILAR PROJECTS (continued) ............................................................ - 20 - QUALIFICATIONS — CLIENT REFERENCE ............................................................................... - 21 - DOCUMENTATION OF RESOURCES ........................................................................................... - 22 - DRUG-FREE WORKPLACE FORM ................................................................................................ - 23 - NO RESPONSE FORM ..................................................................................................................... - 24 -

AGREEMENT ...................................................................................................................................... - 25 - ATTACHMENT A — STATEMENT OF WORK ............................................................................ - 42 - ATTACHMENT B — INSURANCE REQUIREMENTS ................................................................ - 49 - ATTACHMENT C — DISTRICT SUPPLEMENTAL INSTRUCTIONS (DSI) ............................. - 50 - ATTACHMENT D — CONTRACTOR REPORTING FORM ........................................................ - 51 - ATTACHMENT E – ORGANO-AUXIN HERBICIDES FORM ..................................................... - 52 - ATTACHMENT F – CONTRACT PAYMENT REQUIREMENTS ................................................ - 53 -

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INSTRUCTIONS TO RESPONDENTS

1. DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the sample contract document (the “Agreement”) that is at the end of these instructions.

2. CONTRACT ADMINISTRATION

All inquiries related to this solicitation may only be directed to the Associate 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 bid.

3. WHERE TO SUBMIT BID

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

Demandstar upload: Bids may now be uploaded directly to www.demandstar.com

OR

Delivered “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 BID BY EMAIL — THIS WILL RESULT IN THE BID BEING REJECTED AS

NONRESPONSIVE. Digital bids 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

Respondents must clearly label the mailed or hand-delivered Bid envelope with large bold, and/or colored lettering (place label on inner envelope if double sealed) as follows:

SEALED BID — DO NOT OPEN

Respondent’s Name: _______________________________ Invitation for Bid: 38951 Opening Time: 2:00 p.m.

Opening Date: September 19, 2023 http://www.demandstar.com/

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4. OPENING OF BIDS

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

2:00 p.m., September 19, 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 Bids from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 days after opening of bids, proposals, submittals, or final replies, whichever is earlier. This exemption is not waived by the public opening of the Bids.

Unless otherwise exempt, Respondent’s Bid is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Bid is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla. Stat., Respondent must clearly identify any such material as “CONFIDENTIAL TRADE SECRET” in its Bid and explain the basis for such exemption.

The District reserves the right, in its sole judgment and discretion, to reject a Bid for excessive or unwarranted assertion of trade secret confidentiality and return the Bid to Respondent.

5. PREPARATION AND ORGANIZATION OF BID DOCUMENTS

Respondent must adhere to the following instructions regarding the preparation and organization of their Bid:

1. Respondents must submit the following fully completed and executed (if applicable) documents on reproduced copies of the attached forms provided in FORMS:

TAB 1: BID FORM AND COST SCHEDULE

a. Bid Form

b. Cost Schedule

TAB 2: ADMINISTRATIVE REQUIRED FORMS

a. Proposed Subcontractors Form

b. Certificate as to Corporation

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

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

TAB 3: QUALIFICATION DOCUMENTATION

a. Qualifications Form General

b. Qualifications Form Similar Projects

c. Documentation of Resources Form (personnel and equipment) and documentation requested therein.

d. Client References, Subcontractors, and other required qualification forms

2. Respondents must submit the original bid package in the form and manner specified herein. All blank spaces on the bid documents must be typewritten or legibly printed in ink. In the event you decline to submit a bid, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a bid.

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3. Respondent must follow all procedures for uploading to Demandstar or digital submission or the Respondent’s Bid may be determined as “non-responsive” and rejected.

4. Unless directed otherwise, all information required by this solicitation, including the forms and questionnaires listed under “1” above, must be completed (typed or hand written) and included in the submission in electronic format (forms must be completed and converted/scanned to PDF format (Adobe). The file-naming conventions for the bid shall include:

a. Bid: IFB # Respondent’s name (abbreviated) Due Date

(Example: IFB 12345 ABC Company 01-15-16)

5. Please do NOT password protect your files. The District recommends that Respondents confirm their Submittal will open correctly on a non-company owned computer. Any electronic submittal received by the District that does not open on a District-owned computer is subject to rejection as a defective bid.

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

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

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

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

FOR PREPARATION AND ORGANIZATION OF BID.

6. INQUIRIES AND ADDENDA

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

Every request for a written interpretation or correction must be received at least nine days prior to opening of Bids in order to be considered. Requests may be submitted by fax at 386-329-4546 or 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 Bids.

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

7. BUDGET ESTIMATE

The estimated budget for the initial contract term(October 12, 2023, through September 30, 2026) is $3,015,000 ($1,005,000 per District Fiscal year). This amount is an estimate only and does not limit the District in awarding the Agreement.

Respondents are cautioned to not make any assumptions from the budget estimate about the total funds available for the Work. The District retains the right to adjust the estimate in awarding the Agreement. The District also reserves the right to reject all Bids if subsequent negotiations with qualified Respondents result in costs over this estimated budget amount. In addition, the District reserves the right to increase, decrease, or

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8. MINIMUM QUALIFICATIONS

Respondent must use the “Qualification” forms (General, Similar Projects, Client References and Additional Documentation) provided in these documents to document the minimum qualifications listed below. Failure to include these forms with the Bid 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 three projects of a similar nature, applying herbicide to at least 30,000 acres to upland and aquatic vegetation via helicopter for either private firms or public entities during the past three years. At least 10,000 of the 30,000 acres must have been performed for a firm or entity other than the District applying both liquid and dry formulations of herbicides, as well as provide precise spot herbicide application techniques (Respondent must use form Qualifications – Similar Projects provided under the section “FORMS”).

b. Respondent must submit documentation showing that it has no less than five years of experience aerially applying herbicide via helicopter successfully treating floating, submersed, and terrestrial vegetation both in environmentally sensitive and natural areas. (Respondent must use form Qualifications –General provided under the section “FORMS”).

c. Respondent must have successfully applied both liquid and dry formulations of herbicides, as well as provide precise spot herbicide application techniques. (Respondent must use form Qualifications – Similar Projects provided under the section “FORMS”)

d. Respondent must provide three client references. At least two of the client references must be from the similar herbicide application work listed in response to sub-paragraph 8(a), above. No more than one of the client references may be from similar herbicide treatment work successfully administered for the District. If herbicide application work successfully completed for the District is cited, do not request a letter from District staff. (Respondent must use form Qualifications – Client References provided under the section “FORMS”).

REQUIRED RESOURCES (EQUIPMENT AND PERSONNEL):

e. Respondent (or a combination of the firm, individual or project manager assigned to the work) must have at least 3 pilots/applicators. For each pilot/applicator the Respondent must provide:

i. A brief resume

ii. Documentation of Commercial or Airline Transport Pilot (ATP) certificate with rating for

Rotorcraft as well as written evidence of 14 CFR Part 133 certificate for external loads, and Part 137 certificate for Agricultural Aircraft Operator competency/proficiency check

iii. Documentation to substantiate 100 hours of aerial spraying experience as pilot-in-command

iv. A copy of their Federal Aviation Administration (FAA) license and medical certificate (must be current as of the date set for receipt of bids)

v. A copy of their Florida Department of Agriculture and Consumer Services (FDACS) applicator’s aerial license (must be current as of the date set for receipt of bids)

f. Aerial Application Equipment: Respondent shall provide documentation to show that the following equipment meets the contract requirements – the documentation must also substantiate that the Respondent possesses/owns/leases the equipment:

i. Three helicopters (may be owned or leased) minimum Gross Weight of each – 4,000 lbs.

ii. All aircraft performing aerial herbicide application shall be registered with FDACS.

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iii. On-board computer guidance system with the same or equivalent capabilities as the AG-NAV system with a moving map display able to store areas, with the ability to transmit to the District completed treatment lines in .shp format compatible with ArcMap.

iv. Each helicopter shall have on-board herbicide carrying capacity of 120 gallons minimum.

v. Spot Spraying Application

a. The Respondent shall provide documentation to show it is capable of spot spraying target plant populations within an area as low as 1 square meter with minimal collateral damage to surrounding native plant communities.

vi. The Respondent shall have the following ground and operational equipment:

a. Sufficient batch trucks and qualified drivers to service each helicopter safely and efficiently and for mixing operations. Each Batch truck must include a liquid Flow Meter for monitoring all transfer of solutions.

b. Batch trucks shall have a spill recovery plan and containment kit.

c. All drivers shall have a minimum of a class B Commercial Driver’s License with a

Hazardous Materials Endorsement.

d. A Class A Commercial Driver’s License with a Hazardous Materials Endorsement will be required for any vehicle combination class meeting those requirements.

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

9. SUBCONTRACTS

Respondent must submit with its Bid a list of all known subcontractors who will participate in more than ten percent of the Work on the attached “Proposed Subcontractors” form. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid.

10. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual submitting a Bid must sign his/her name therein and state his/her address and the name and address of every other person interested in the Bid as principal.

If a firm or partnership submits the Bid, state the name and address of each member of the firm or partnership.

If a corporation submits the Bid, an authorized officer or agent must sign the Bid, subscribing the name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida.

Respondent must certify that all persons or entities having an interest as principal in the Bid or in substantial performance of the Work have been identified in the Bid forms.

11. DISQUALIFICATION OF RESPONDENTS

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

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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 Bid for the same subject matter by an individual, firm, partnership, or corporation under the same or different names;

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Bid;

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.

12. REJECTION OF BID

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

The District reserves the right to reject any and all Bids 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 the agreement.

13. WITHDRAWAL OF BIDS

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

14. AWARDING THE AGREEMENT

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

b. Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation; (2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed. Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the bids, proposals, submittals, or final replies, whichever occurs earlier. A complete recording shall be made of any portion of an exempt meeting.

No portion of the exempt meeting may be held off the record.

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

d. If two or more bids are equal in all respects, the Agreement will be awarded as follows: (1) to the Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form;

(2) to a Respondent university in the State University System pursuant to §373.63, Fla. Stat.; (3) to a Respondent whose bid contains commodities manufactured, grown, or produced within the State of Florida pursuant to §287.082 Fla. Stat.; or (4) by lot.

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

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

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

15. EXECUTION OF AGREEMENT

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

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

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

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

16. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

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

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

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

17. DIVERSITY

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.

18. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S. 287.05701:

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

19. FLORIDA SALES TAX

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

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted or discriminatory vendor lists following a conviction for a public entity crime or placement on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted or discriminatory vendor lists.

21. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES

Respondent may provide services to other State of Florida governmental entities pursuant to the terms and conditions of the Agreement. These governmental entities include other water management districts, state of Florida agencies (including members of the state university system and community college system), counties, school boards, municipalities, special districts, and other local public agencies or authorities. References to the St. Johns River Water Management District in the Agreement will be replaced with the purchasing entity and the District will not be a party to any other governmental entity’s agreement to purchase. Nor will the District be responsible for payment for any goods or services delivered or performed for any other governmental entity that utilizes Respondent pursuant to this paragraph.

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22. NOTICES AND SERVICES THEREOF

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

Notices 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 to Respondent. These courtesy communications neither constitute official notice nor vary the times of receipt set forth above.

23. 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 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.

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 District’s 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

BID FORM

Include this form in the response under TAB 1

RESPONDENT:

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

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

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

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

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

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title

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COST SCHEDULE

Include this form in the response under TAB 1

Bid to be opened at 2:00 p.m., September 19, 2023

To: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

In accordance with the advertisement requesting bids for Aerial Herbicide Application, subject to the terms and conditions of the Agreement, the undersigned proposes to perform the Work for the price contained in the following schedule (fill in all blanks). The Agreement will be awarded to the lowest responsive and responsible Respondent for the Per Acre Cost below (Item 1). Respondents should not have any expectation or promise as to the quantities of work that the District will require under this solicitation.

Respondents must provide pricing for all of the following bid items:

1. Aerial Application of Herbicides — Per Acre Cost ....................................................... $

Bid items not used to determine award of Agreement (all items must be completed):

2. Additional Pricing: *

a. Aerial Spot Spraying Application of Herbicides — Per Hour Cost……………… $

b. Pre- and Post-Inspection Surveillance — Per Hour Cost ......................................... $ (One to three observers/passengers will be involved with surveillance flights.)

3. Fuel Allocation: *

a. Fuel Allocation (percentage allocated to fuel in per acre spraying cost) .................... %

b. Fuel Allocation (percentage allocated to fuel in per hour surveillance cost) .............. %

* The cost included under “Additional Pricing” and “Fuel Allocation” will not be used as a basis for award of the bid. Flights for Pre- and Post-Inspection Surveillance and Aerial Spot spraying application of herbicides may or may not be included as a component of the awarded contract. For Pre-and Post- Inspection Surveillance flights, one to three observers/passengers, along with the pilot, will be required.

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

Respondent (firm name) Date

Address

E-mail address

Signature Telephone number

Typed name and title

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PROPOSED SUBCONTRACTORS

Include this form in the response under TAB 2

Respondent must submit with its Bid a list of all known subcontractors who will participate in more than 10 percent (10%) of the Work by providing the information requested below. If none, so indicate. Acceptance of the Bid does not constitute approval of the subcontractors identified with the Bid. Attach additional sheets if necessary.

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

Include this form in the response under TAB 2

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

Corporation name:

Address:

Registration No.:

Registered Agent:

By:

(Official title) (Affix corporate seal)

Attest:

(Secretary)

The full names and business or residence addresses of persons or firms interested in the foregoing bid 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

Include this form in the response under TAB 2

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 bid.

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

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

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 bid in connection with the Agreement for which the attached bid has been submitted, or to refrain from bidding 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 bid of any other Respondent , or to fix any overhead, profit, or cost element of the bid prices or the bid 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 price(s) quoted in the attached bid are 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 bid, 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

Include this form in the response under TAB 3

As part of the submittal, Respondent shall complete the following so that the District can determine Respondent’s ability, experience, and facilities for performing 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 aerially applying herbicides via helicopter successfully treating floating, submersed, and terrestrial vegetation both in environmentally sensitive and natural areas as 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 bid 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 bid. This inquiry is intended to encompass the project manager and/or superintendent 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 project manager assigned to the work) must have successfully completed three projects of a similar nature, applying herbicide to at least 30,000 acres to upland and aquatic vegetation via helicopter for either private firms or public entities during the past three years. At least 10,000 of the 30,000 acres must have been performed for a firm or entity other than the District applying both liquid and dry formulations of herbicides, as well as provide precise spot herbicide application techniques.

(Use this form and succeeding page to document compliance with the minimum acreage requirement)

Completed Project 1:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Address of Project completed:

Total acreage successfully treated for this company during the past three years:

Start date: Completion date:

(month/year) (month/year)

Description…