39092_IFB_Cabbage Palm Harvest.pdf

IFB 39092

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

CABBAGE PALM HARVEST WITHIN RIVER LAKE CONSERVATION AREA

INVITATION FOR BID 39092

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 21, 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 to harvest cabbage palms at the River Lakes Conservation Area (“Sale Area”) within Brevard County and purchase from the District the harvested palms. The harvest/sale is being conducted in 4,121 acres of improved pasture, mesic flatwoods, and wet prairie. The Sale Area’s stands have a large number of cabbage palm trees; however, the District does not have a count of marketable palms or standard forestry practices for determining the number of marketable palms. Harvesting shall consist of travelling across privately owned roads and removing all cabbage palms of marketable value within the Sale Area, in part occupied by a cattle lessee. Cabbage palm harvest activities will be coordinated through the District Project Manager as well as a representative from the road owner and current cattle lessee.

The objective of this solicitation is to improve habitat and cattle grazing operations as well as provide fire control protection through the removal of cabbage palms while limiting damage to the surrounding land.

The successful Respondent (“Successful Respondent”) shall compensate the District for each cabbage palm harvested pursuant to the Respondent’s Bid submitted in response to this Invitation for Bids. Bids shall include price per palm as well as the range of palm size to be harvested. Minimum bid starts at $10.00 per tree.

Additionally, access to the Sale Area requires the use of privately owned roads during specific hours. Use of the roads requires the successful Respondent (“Successful Respondent”) to enter a contract with the road owner which requires, among others, coordination with the road owner, the maintenance of certain insurance coverage, and compensation to be paid by the Successful Respondent to the road owner (refer to Contractor Responsibilities in Attachment A – Statement of Work, Section II). A form of contract expected to be signed by the Successful Respondent and the road owner is found herein.

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 .................................................................................................................. - 6 -

10. SIGNATURE AND CERTIFICATION REQUIREMENTS .................................................. - 6 -

11. DISQUALIFICATION OF RESPONDENTS ........................................................................ - 6 -

12. REJECTION OF BID .............................................................................................................. - 7 -

13. WITHDRAWAL OF BIDS ..................................................................................................... - 7 -

14. AWARDING THE AGREEMENT......................................................................................... - 7 -

15. EXECUTION OF AGREEMENT........................................................................................... - 7 -

16. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ......................... - 8 -

17. DIVERSITY ............................................................................................................................ - 8 -

18. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEALOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S.287.05701: ......................................... - 8 -

19. FLORIDA SALES TAX ......................................................................................................... - 8 -

20. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS ............................................ - 8 -

21. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES .............................................. - 9 -

22. NOTICES AND SERVICES THEREOF ................................................................................ - 9 -

23. PROTEST PROCEDURES ..................................................................................................... - 9 -

FORMS .................................................................................................................................................. - 11 - BID FORM ........................................................................................................................................ - 11 - COST SCHEDULE............................................................................................................................ - 12 - PROPOSED SUBCONTRACTORS ................................................................................................. - 13 - CERTIFICATE AS TO CORPORATION ........................................................................................ - 14 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ................................................................................. - 15 - QUALIFICATIONS — GENERAL .................................................................................................. - 16 - QUALIFICATIONS — SIMILAR PROJECTS ................................................................................ - 17 - QUALIFICATIONS. — SIMILAR PROJECTS (continued)............................................................ - 18 - QUALIFICATIONS. — SIMILAR PROJECTS (continued)............................................................ - 19 - QUALIFICATIONS — CLIENT REFERENCE .............................................................................. - 20 - DRUG-FREE WORKPLACE FORM ............................................................................................... - 21 - NO RESPONSE FORM..................................................................................................................... - 22 -

REVENUE AGREEMENT .................................................................................................................. - 23 - ATTACHMENT A — STATEMENT OF WORK ........................................................................... - 30 - ATTACHMENT B — MAPS ............................................................................................................ - 33 - ATTACHMENT C — INSURANCE REQUIREMENTS ................................................................ - 35 - ATTACHMENT D – DISTRICT SUPPLEMENTAL INSTRUCTIONS (DSI) .............................. - 36 - ATTACHMENT E — ENTRY LICENSE AGREEMENT .............................................................. - 37 -

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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: 39092 Opening Time: 2:00 p.m.

Opening Date: September 21, 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 21, 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

Respondents 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. Qualifications Form, 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.

3. Each 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.

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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 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 Successful Respondent shall compensate the District for each cabbage palm harvested pursuant to its bid submitted in response to this Invitation for Bids. Bids shall include price per palm as well the range of palm size to be harvested. Minimum bid starting at $10.00 per tree.

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 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.

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8. MINIMUM QUALIFICATIONS

Respondent must use the “Qualification” forms (General, Similar Projects, and Client References) 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 at least three (3) projects of a similar nature (refer to the tasks outlined in the Statement of Work) in the past three years. (Respondent must use form Qualifications – Similar Projects provided under the section “FORMS”).

b. Respondent must have no less than three (3) years of experience on projects of the similar nature specified above. (Respondent must use form Qualifications – General provided under the section

“FORMS”).

c. Respondent must provide three (3) client references. At least two of the client references must be from the similar harvest work listed in response to sub-paragraph 8(a), above. No more than one of the client references may be from the similar harvest work successfully administered for the District.

If harvest 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”).

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:

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.

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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

Award shall be made to the Respondent with the highest responsive and responsible Bid for the Total Amount of the harvest sale. Commencement of the harvest shall not begin until the District has approved all qualifications. The District reserves the right to cancel the Agreement should the Respondent fail to timely provide qualifications documentation that meets the minimum qualifications.

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

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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.

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

- 9 -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.

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,

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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:

By signing below, Respondent certifies 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 also certifies that 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 certifies that it has examined the Agreement, the specifications for the timber sale and harvest, and any other relevant Agreement document, including all of the addenda furnished prior to the bid opening, as listed and initialed below.

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 timber sale and harvest 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 PM, September 21, 2023

Bids shall be submitted in accordance with the Instructions to Respondents.

Although the method of award shall be based on the highest total Bid amount for the Sale Area, actual payment to the District shall be for the volume harvested at the price per palm.

The District reserves the right to award based on the highest price per palm with the widest palm size range or to the Respondent offering the widest palm size range to be harvested, whichever is in the District’s best interest.

The District makes no guarantee as to the actual amount of product (plus or minus) that will be harvested.

Product Palm Size Range to be Harvested (ft) Price Per Palm

Cabbage Palm $

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: _________________

- 16 -

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 in similar harvest 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 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.

- 17 -

QUALIFICATIONS — SIMILAR PROJECTS

Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least three (3) projects of a similar nature (refer to the tasks outlined in the Statement of Work) in the past three years.

(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 harvested for this company during the past three years:

Start date: Completion date:

(month/year) (month/year)

Description of work involving harvested work for this company:

Name(s) of assigned personnel:

Respondent’s Project manager:

Others:

- 18 -

QUALIFICATIONS. — SIMILAR PROJECTS (continued)

Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Address of Project completed:

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

Start date: Completion date:

- 19 -

QUALIFICATIONS. — SIMILAR PROJECTS (continued)

Completed Project 3:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Address of Project completed:

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

Start date: Completion date:

- 20 -

QUALIFICATIONS — CLIENT REFERENCE

Respondent must provide three (3) client references. At least two of the client references must be from the similar harvest work listed in Qualifications – Similar Projects. No more than one of the client references may be from similar harvest work successfully administered for the District. If harvest work successfully completed for the District is cited, do not request a letter from District staff. (For similar projects listed above, simply state “Similar Project No. ___.”)

Client Reference 1:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Agency/Company Address:

Name of project:

Description:

Project value: ______________________ Project manager:

Client Reference 2:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Agency/Company Address:

Name of project:

Client Reference 3:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Agency/Company Address:

- 21 -

DRUG-FREE WORKPLACE FORM

This form required only in the event of a tie response under TAB 2

The Respondent, (business name) , in accordance with

§287.087, Fla. Stat., hereby certifies that Respondent does the following:

1. Informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations

2. Publishes a statement notifying employees that

a. the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against its employees for violations of such prohibition.

b. as a condition of working on the contractual services that are the subject of this solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, Fla. Stat., or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five days after such conviction.

3. Gives each employee engaged in providing the contractual services that are the subject of this solicitation a copy of the statement specified in paragraph 2, above.

4. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee convicted of a violation listed in sub-paragraph 2.b., above.

5. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of §287.087, Fla. Stat.

As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements.

By:

Title:

Date:

- 22 -

NO RESPONSE FORM

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

INVITATION FOR BIDS 39092

Your reasons for not responding to this Invitation for Bids are valuable to the St. Johns River Water Management District’s procurement process. Please complete this form and return it to the Office of Financial Services no later than the date set for receipt of bids. Thank you for your cooperation.

Please check (as applicable):

Specifications too “general” (explain below)

Insufficient time to respond to the solicitation

Do not provide this type of work for this project

Schedule would not permit us to perform

Unable to meet solicitation specifications

Specifications unclear (explain below)

Disagree with solicitation or Agreement terms and conditions (explain below)

Other (specify below)

Remarks:

DATE

RESPONDENT (FIRM NAME)

ADDRESS

EMAIL ADDRESS

SIGNATURE TYPED NAME AND TITLE

TELEPHONE NUMBER

REVENUE AGREEMENT BETWEEN

THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

AND _______________________ FOR THE

HARVEST OF CABBAGE PALM WITHIN THE RIVER LAKES CONSERVATION AREA

This revenue agreement (“Agreement”) is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the “District”), whose address is 4049 Reid Street, Palatka, Florida 32177, and ___________ (“Purchaser”), whose address is, ___________ for the sale of harvested cabbage palms on District property and is effective ___________ (“Effective Date”).

All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns.

Purchaser agrees to furnish all materials and perform all labor required for cabbage palm harvesting (the “Work”). Purchaser shall complete the Work in conformity with this Agreement, which includes the Statement of Work and any Special Conditions or other attachments. If any provision in the body of this Agreement conflicts with any attachment hereto, the body of this Agreement shall prevail. In consideration of the premises above, the parties agree as follows:

1. TERM OF AGREEMENT

(a) The term of this Agreement shall be from the _________ (“Effective Date”) to the Completion Date. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof.

(b) Completion Date. The Completion Date of this Agreement is September 30, 2026, unless extended by mutual written agreement of the parties. Work shall be completed for use no later than said date.

(c) This Agreement may be renewed for two additional 12-months terms by the mutual and written consent of each party.

2. HARVEST. The work shall only occur during the dates authorized in the Statement of

Work (Attachment A) and in the geographic area marked on the maps at Attachment B.

(a) The Work is specified in the Statement of Work, (Attachment A). Purchaser is responsible for the professional quality, technical accuracy, and timely completion of the Work. Purchaser shall provide and pay for all materials, labor, and other facilities and equipment necessary for performance of the Work. Purchaser is solely responsible for loss, theft, or damage to Purchaser’s equipment.

(b) Purchaser shall repair, replace, or restore any damage, injury, or loss to any public or private property resulting from its activities, at its expense, and to the District’s satisfaction.

Purchaser shall repair or replace, immediately upon demand, damage to fences, cables and gates that affect access or security. Should Purchaser fail to perform its obligations hereunder, the District may repair any damage caused by Purchaser, and Purchaser shall reimburse the District for the cost of repair within 30 days of invoice.

(c) Purchaser shall exercise every reasonable precaution and means to avoid the creation or continuance of any public or private nuisances resulting from the harvesting, including, but not limited to, excessive noise associated with radio or other forms of electronic entertainment for persons at the Sale Area (defined below), dust arising out of all harvest operations, and the uncontrolled flow of surface waters.

3. SALE AND TITLE.

(a) The sale area is comprised of approximately 4,121 acres located within the River Lakes

Conservation Area (“Sale Area”) in Brevard County, Florida, and depicted on the maps at Attachment B.

(b) The District agrees to sell, and Purchaser agrees to purchase cabbage palms within the Sale

Area under the terms of this Agreement. All rights, title, and interest in the cabbage palms conveyed by this Agreement shall remain in the District until removal from District Property Upon…