39355_RFQ_AQUATIC HERBICIDE SERVICES_FINAL.pdf

RFQ 39355 – 2nd CALL

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THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

AQUATIC HERBICIDE APPLICATION SERVICES

REQUEST FOR QUALIFICATIONS 39355 – 2ND CALL

The Governing Board of the St. Johns River Water Management District (the “District”) requests that interested parties respond to the solicitation below by 2:00 pm, March 13, 2024. Further information is available through Onvia DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, the state of Florida’s myfloridamarketplace.com, Central Bidding at centralbidding.com or the District’s website at sjrwmd.com. Solicitation packages may be obtained from the above referenced solicitation advertising portals or the District by contacting LaDonna Johnson, Associate Procurement Specialist, at 386-329-4592 or ljohnson@sjrwmd.com. Responses will be opened in the Procurement Conference Room, Administration Building, Palatka Headquarters, 4049 Reid Street, Palatka, Florida 32177-2571.

The District is requesting responses from firms licensed in the state of Florida to provide Aquatic Herbicide Application Services. The aquatic objectives of this solicitation include maintenance control of nuisance aquatic vegetation to improve flood protection, navigation, recreation, and water quality.

The District will approve all firms that demonstrate the qualifications necessary to successfully perform the activities as outlined in the Statement of Work (SOW) for Aquatic Herbicide Application Services.

Each of the qualified firms selected shall execute a contract with the District for the term of April 2024 through September 2026. Award of these contracts does not preclude the firms from responding to any other projects advertised by the District. The estimated budget for this work is $343,750, a shared not-to-exceed combined total for all Work Orders awarded to all firms for these services through the contract term.

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

The District’s Evaluation Committee will meet to evaluate the submittals as follows:

• 9:00 a.m. on March 15, 2024, to o Discuss the responses o Determine qualified list of Respondents

After evaluations have been completed and determination of the qualified firms has been made, all respondents will be notified in writing of the staff’s intended recommendation to the Governing Board at the April 9, 2024, meeting. Individual contracts with each qualified firm will be executed following Governing Board approval of the qualified firms and the associated contracts.

Americans with Disability 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.

mailto:ljohnson@sjrwmd.com

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Contents

INSTRUCTIONS TO RESPONDENTS ....................................................................................................... - 3 -

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

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

3. WHERE TO SUBMIT RESPONSE ........................................................................................ - 3 -

4. PREPARATION AND ORGANIZATION OF RESPONSE .................................................. - 4 -

5. OPENING OF RESPONSES ................................................................................................... - 4 -

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

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

8. MINIMUM QUALIFICATIONS ............................................................................................ - 5 -

9. SUBCONTRACTS .................................................................................................................. - 6 -

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

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

12. REJECTION OF RESPONSE ................................................................................................. - 7 -

13. WITHDRAWAL OF RESPONSES ........................................................................................ - 7 -

14. EVALUATION AND AWARD PROCEDURES ................................................................... - 7 -

15. EVALUATION CRITERIA .................................................................................................... - 9 -

16. EXECUTION OF AGREEMENT ........................................................................................... - 9 -

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ....................... - 10 -

18. DIVERSITY ........................................................................................................................... - 10 -

19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

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

20. FLORIDA SALES TAX ........................................................................................................ - 10 -

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

22. USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES ............................................ - 11 -

23. NOTICES AND SERVICES THEREOF .............................................................................. - 11 -

24. PROTEST PROCEDURES ................................................................................................... - 11 -

FORMS........................................................................................................................................................ - 13 - SUBMITTAL FORM ..................................................................................................................... - 13 - PROPOSED SUBCONTRACTORS .............................................................................................. - 14 - CERTIFICATE AS TO CORPORATION ..................................................................................... - 15 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ............................................................................. - 16 - QUALIFICATIONS — GENERAL .............................................................................................. - 17 - QUALIFICATIONS — SIMILAR PROJECTS ............................................................................ - 18 - QUALIFICATIONS — EQUIPMENT VERIFICATION ............................................................. - 20 - QUALIFICATIONS — EQUIPMENT OPERATORS.................................................................. - 21 - QUALIFICATIONS — CLIENT REFERENCES ......................................................................... - 23 - DRUG-FREE WORKPLACE FORM ........................................................................................... - 24 -

DRAFT AGREEMENT ............................................................................................................................. - 26 - ATTACHMENT A – STATEMENT OF WORK ..................................................................... - - 47 - - ATTACHMENT B — INSURANCE REQUIREMENTS ............................................................ - 57 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) ................. - 58 - ATTACHMENT D — WORK ORDER (Sample) ........................................................................ - 59 - ATTACHMENT E - WORK ORDER REQUEST (Sample)......................................................... - 60 -

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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 Procurement Specialist:

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

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

3. WHERE TO SUBMIT RESPONSE

Respondent must submit its Response in electronic format (no paper copies) either by:

(1) uploading to Demandstar directly at www.demandstar.com OR to Central Bidding directly at www.centralbidding.com (NOT BOTH); OR

(2) delivering all files on a single pin/thumb/jump drive either by mail or hand-delivery in a sealed envelope labeled as follows:

SEALED RESPONSE – DO NOT OPEN

Respondent’s Name:

Request for Qualifications: 39355 Opening Time: 2:00 p.m.

Opening Date: March 13, 2024

LaDonna Johnson, Associate Procurement Specialist Office of Financial Services St. Johns River Water Management District 4049 Reid Street Palatka Florida 32177

DO NOT SUBMIT YOUR RESPONSE BY EMAIL — THIS WILL RESULT IN THE RESPONSE BEING

REJECTED AS NONRESPONSIVE.

http://www.demandstar.com/ http://www.centralbidding.com/

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4. PREPARATION AND ORGANIZATION OF RESPONSE

Respondent must submit its response in an electronic format as directed in paragraph 3, above, or the Response may be deemed non-responsive.

1. Respondents must complete and submit the following forms in PDF format (these forms are in the FORMS section of this document):

a. Submittal Form

b. Respondent Form

c. Proposed Subcontractors Form

d. Certificate as to Corporation

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

f. Qualifications - (General, Similar Projects, Equipment Verification, Equipment Operators and Client References)

g. Drug-Free Workplace Form

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

3. The file naming conventions for the solicitation must clearly identify specific information, such as the solicitation number and the respondent’s name (Example: RFQ 12345, ABC Company)

4. Please do not password protect files saved to a pin/thumb/jump drive. Any electronic submittal received by the District that does not open on a District-owned computer is subject to rejection as a defective response.

All of the forms and questionnaires in the solicitation package are available upon request in Microsoft® Word to aid the Respondent in submitting its response.

A RESPONDENT’S SUBMITTAL 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 RESPONSE.

5. OPENING OF RESPONSES

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

2:00 p.m., March 13, 2024 St. Johns River Water Management District Headquarters 4049 Reid Street, Palatka, Florida 32177-2571

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed responses from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 days after opening of bids, proposals, submittals, or final replies, whichever is earlier. This exemption is not waived by the public opening of the responses.

Unless otherwise exempt, Respondent’s response is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the response 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 response and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion,

- 5 -to reject a response for excessive or unwarranted assertion of trade secret confidentiality and return the response to Respondent.

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 Procurement Specialist and must be in writing. The Procurement Specialist may orally explain the District’s procedures and assist Respondents in referring to any applicable provision in the solicitation documents, but the Respondent is ultimately responsible for submitting the response in the appropriate form and in accordance with written procedures.

Every request for a written interpretation or correction must be received at least five days prior to opening of responses 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 all of the advertising portals referenced on Page 1 to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the response due date.

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

7. BUDGET

The estimated budget for the Work is $343,750, a shared not-to-exceed combined total for all Work Orders awarded to all firms for these services through the contract term. 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. 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.

8. MINIMUM QUALIFICATIONS

Respondent must use the “Qualification” forms (General, Similar Projects, Equipment Operators, and Client References) provided in these documents to document the minimum qualifications listed below.

Failure to include these forms with the response may be considered non-responsive.

a. Respondent must be licensed in the state of Florida to provide Aquatic Herbicide Application Services. (Respondent must provide documentation of this requirement with response).

b. Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least three projects of a similar nature, with no more than one being a District project, to the Statement of Work (Aquatic Herbicide Application) within the three years immediately preceding the date for receipt of responses. Each similar project shall have had an annual project value of at least $25,000. (Respondent must use form Qualifications – Similar Projects for Aquatic Herbicide Application Services provided under the section “FORMS”).

1. If the Respondent chooses to list an ongoing service contract as a similar project, the Respondent must provide project details for work/task(s) successfully completed by the Respondent under the ongoing services contract. This work must be completed using

- 6 -airboats to accomplish the work. The value of the completed work/task(s) must be at least $25,000.

c. Respondent shall be able to provide, at a minimum: two (2) airboats with six (6) or eight (8) cylinders capable of safely hauling at least 400 pounds of herbicides on a plane from the shore to the control site. The airboats shall be able to operate for sustained periods of slow speeds required for herbicide application. Airboats shall be equipped with a 50–100-gallon spray tank with built in agitation, drafting capability, and pumps able to deliver at least 10 gallons of spray mixture per minute. This assembly must be equipped with a handgun with a spray swath of 20- 30 feet and calibrated to deliver a minimum 100 gallons of spray mixture per acre. A direct metering apparatus for liquid formulations is acceptable only when encountering large mats of target species and as directed by the District Project Manager. Tank mixing will be the primary method of application in order to minimize any adverse water quality effects while maximizing product performance. However, other methods may be required for certain applications.

(Respondent must use form Qualifications – Equipment Verification for Aquatic Herbicide Application Services provided under the section “FORMS”).

d. Respondent’s equipment operator(s) shall each, within the past three years, have successfully completed at least two projects (for the Respondent or another contractor) of a similar nature to the Statement of Work using equipment equivalent to that specified in Attachment A — Statement of Work. No more than one project listed being a District project. (Respondent must use form Qualifications – Equipment Operators for Aquatic Herbicide Application Services provided under the section “FORMS”).

e. Respondent must provide three client references. At least two of the client references must be from the similar projects listed in response to sub-paragraph 8.b., above. No more than one of the client references may be from similar work successfully completed for the District. If a successfully completed project for the District is cited, do not request a letter from District staff.

(Respondent must use form Qualifications – Client References for Aquatic Herbicide Application Services 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 response if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

9. SUBCONTRACTS

Respondent must submit with its response 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 response does not constitute approval of the subcontractors identified with the response.

10. SIGNATURE AND CERTIFICATION REQUIREMENTS

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

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

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

- 7 -than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida.

Respondent must certify that all persons or entities having an interest as principal in the response or in substantial performance of the Work have been identified in the submittal 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 response:

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 response 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 response;

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 RESPONSE

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

The District reserves the right to reject any and all responses 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 RESPONSES

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

14. EVALUATION AND AWARD PROCEDURES

a. Responses will be evaluated by a staff Evaluation Committee based upon the criteria set forth in “EVALUATION CRITERIA.” The committee members will meet at District headquarters or other location as appropriate to discuss the submittals and individual evaluations. Each

- 8 -committee member completes an evaluation form, from which the list of qualified Respondents is compiled. Evaluation forms may be submitted at or subsequent to the Evaluation Committee meeting.

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.

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

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

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

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

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15. EVALUATION CRITERIA

Criteria Meets Requirements

Yes (Y) or No (N) 1 Background and Qualifications and ability to conduct the work presented in the

Statement of Work

a) Knowledge of subjects contained within Statement of Work �

b) Ability to meet needs and perform work �

2 Personnel

a) Staffing Availability �

b) Qualifications, Licenses, Certifications �

c) Identify Subcontractors �

d) Identify Equipment Operators �

3 Similar Projects, Equipment Verification and Client References (please check all that apply)

a) Similar Projects (forms) �

b) Equipment Verification (forms) �

c) Client References for Aquatic Herbicide Application Services (form) �

d) Equipment and Availability (form) �

16. EXECUTION OF AGREEMENT

Unless all Responses are rejected, a contract substantially in the form included in these documents will be provided to the Successful Respondent(s), 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(s). 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(s).

Failure upon the part of the Successful Respondent(s) 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.

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17. 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 Response. 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.

18. 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.

19. 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 Respondent is a responsible Respondent and (2) may not give preference to a Respondent based on the Respondent’s social, political, or ideological interests.

20. FLORIDA SALES TAX

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

21. 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.

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22. 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.

23. 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, Vendor Registry at vendorregistry.com, and Central Bidding at centralauctionhouse.com. Onvia DemandStar, Vendor Registry and Central Bidding 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.

24. 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 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 with the District Clerk 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

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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

SUBMITTAL FORM

(Include this form in the response)

RESPONDENT:

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

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

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

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

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

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email Address

Signature Telephone Number

Typed Name and Title

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PROPOSED SUBCONTRACTORS

(Include this form in the response)

Respondent must identify all portions of the Work Respondent intends to perform through subcontractors.

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:

6. Name and address of subcontractor:

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CERTIFICATE AS TO CORPORATION

(Include this form in the response)

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

Corporation name:

Address:

Registration No.:

Registered Agent:

By:

(Official title) (Affix corporate seal)

Attest:

(Secretary)

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

STATE OF

COUNTY OF

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

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

the Respondent that has submitted the attached submittal.

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

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

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

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

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

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

Signature:

Title:

Subscribed and sworn to before me ☐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)

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 Aquatic Herbicide Application Services 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 submittal or a prior entity that Respondent substantially operated or controlled? If yes, please describe the nature and result of those proceedings and the entity involved.

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

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QUALIFICATIONS — SIMILAR PROJECTS

(Include this form in the response)

Respondent (or a combination of the firm, individual, or project manager assigned to the work) must have successfully completed at least three projects of a similar nature (Aquatic Herbicide Application) within the three years immediately preceding the date for receipt of responses.

If the Respondent chooses to list as a similar project an ongoing service contract, the Respondent must provide project details for work/task(s) successfully completed by the Respondent under the ongoing service contract. Qualified projects must include work completed from an airboat.

Each similar project shall have had an annual project value of at least $25,000. (Add additional sheet for optional additional completed projects.)

Completed Project 1:

Agency/company:

Current contact person at agency/company:

Telephone: ________________________ Email:_________________________________________________

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________ (month/year) (month/year)

Total annual project value of this project: $______________________________________________________

Description of work involving aquatic herbicide application services for this company:

Name(s) of assigned personnel:

Project manager:

Others:

Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: ________________________ Email: ________________________________________________

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________ (month/year) (month/year)

- 19 -

Others:

Completed Project 3:

Agency/company:

Current contact person at agency/company:

Telephone: ________________________ Email: ________________________________________________

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________ (month/year) (month/year)

Others:

- 20 -

QUALIFICATIONS — EQUIPMENT VERIFICATION

(Include this form in the response)

Respondent shall be able to provide, at a minimum (check all that apply):

Two (2) airboats with six (6) or eight (8) cylinders capable of safely hauling at least 400 pounds of herbicides on a plane from the shore to the control site.

The airboats shall be able to operate for sustained periods of slow speeds required for herbicide application.

Airboats shall be equipped with a 50–100-gallon spray tank with built in agitation, drafting capability, and pumps able to deliver at least 10 gallons of spray mixture per minute. This assembly must be equipped with a handgun with a spray swath of 20-30 feet and calibrated to deliver a minimum 100 gallons of spray mixture per acre. A direct metering apparatus for liquid formulations is acceptable only when encountering large mats of target species and as directed by the District Project Manager. Tank mixing will be the preferred method of application in order to minimize any adverse water quality effects while maximizing product performance.

Equipment shall be mechanically sound and operate safely. Equipment may be verified by the District via photographs submitted with the Respondent’s response and/or a site visit.

Please provide a description of all applicable equipment available for this work.

- 21 -

QUALIFICATIONS — EQUIPMENT OPERATORS

(Include this form in the response)

Respondent’s equipment operator(s) shall each, within the past three years, have successfully completed at least two projects (for the Respondent or another contractor) of a similar nature to the Instructions to Respondents using equipment equivalent to that specified in Attachment A —Statement of Work. (For each equipment operator listed, two successfully completed projects are required; Add additional form for each Equipment Operator provided). This work must be completed using airboats to accomplish the work.

Qualified projects shall include work completed from an airboat.

Completed Project 1 for Equipment Operator 1:

Agency/company:

Current contact person at agency/company:

Telephone: ________________________ Email:_________________________________________________

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________ (month/year) (month/year)

Description of work involving equipment operation for aquatic herbicide application services for this company:

Name of Assigned Equipment Operator:

Completed Project 2 for Equipment Operator 1:

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________

Description of work involving equipment operation for aquatic herbicide application services for this company:

- 22 -

Completed Project 1 for Equipment Operator 2:

Agency/company:

Current contact person at agency/company:

Telephone: ________________________ Email:_________________________________________________

Address of agency/company:

Name of project:

Start date: _______________________________ Completion date: __________________________________

Description of work…