_41044_Fertilize_Levees FINAL.pdf

QUOTATION REQUEST

February 28, 2025

To: Interested Firms

Re: Quote Request, 41044 — Fertilize Levees 2025 - Upper St. Johns River Basin

The St. Johns River Water Management District (“District”) desires to issue a contract to a Contractor to provide all labor, equipment, and material necessary to spread bulk fertilizer on District levees in the Upper St. Johns River Basin. Fertilizer material shall be applied on approximately 360 acres at 230 pounds per acre in the spring 2025. The applications should be completed by June 27, 2025. Refer to the attached Statement of Work (Exhibit

1) for additional information regarding this project.

The District anticipates issuing an Agreement to the Respondent who provides the lowest Total Project Cost for this project (Refer to Exhibit 2 – Cost Schedule).

WHERE TO DELIVER RESPONSE

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

Quote Request: 41044 Opening Time: 2:00 p.m.

Opening Date: March 19, 2025

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

DO NOT SUBMIT YOUR QUOTE BY EMAIL OR MORE THAN ONCE – THIS WILL RESULT IN THE

QUOTE BEING REJECTED AS NON-RESPONSIVE.

Recommendation for award shall be based on the Respondent that submits the lowest total cost and that meets all requirements of this Quote Request. District staff may contact firms for further clarification if needed.

The District anticipates entering into the attached standard letter agreement with an anticipated start date of April 1, 2025.

If you need assistance or have any questions about submitting your quote, please contact LaDonna Johnson at ljohnson@sjrwmd.com or at 386-329-4592. Between the release of this quote request and the posting of the notice of intended decision, Respondents to this quote request or persons acting on their behalf may not contact http://www.demandstar.com/ http://www.centralbidding.com/ 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.

NOTE: Please check the box provided below if you are unable to provide a quotation for this project at this time and return this page by email to LaDonna Johnson at ljohnson@sjrwmd.com.

I am unable to provide a quotation at this time for the following reason(s):

Respondent’s Signature Respondent’s Company Name mailto:ljohnson@sjrwmd.com

Minimum Qualifications:

Respondents must meet the minimum qualifications below and all supporting documentation must be submitted with the response to this quotation request.

1. Proof of firm’s ability to do business in the state of Florida. (Respondent-provided documentation must be provided with quote response).

2. Responses must include Respondent’s Certificate as to Corporation. (Respondent must use District-provided Certificate as to Corporation form).

3. Respondent must have been in business applying fertilizer specified for at least three (3) years prior to the date set for the receipt of responses. (Respondent must use District-provided Qualification – General form).

4. Respondent must use the attached District forms. Completed forms must be included with Respondent’s response.

A copy of the package is also available in Microsoft Word® form to assist you with your submittal.

The District is a political subdivision of the state of Florida, whose boundaries cover all or portions of 18 counties, and is tax exempt (Tax ID No. 85-8012643710C-3; expires March 31, 2028). Respondent shall provide an estimate of all applicable taxes and fees in its quote, including a list of taxes and fees that fall under the District’s exemption.

1. Opening of Quotes

a) The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed quotes 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 quotes, whichever is earlier. This exemption is not waived by the public opening of quotes.

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

c) Respondents shall bear all costs associated with preparing and submitting responses to this Quote Request. The District will, in no way, be responsible for these costs, regardless of the conduct or outcome.

2. Inquiries and Addenda

a) District staff are not authorized to orally interpret the meaning of the Quote Request package, 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 Quote Request documents, but the Respondent is ultimately responsible for submitting the quote in the appropriate form and in accordance with written procedures.

b) Every request for a written interpretation or correction must be received at least nine days prior to opening of quotes in order to be considered. Requests must be submitted by email to ljohnson@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by Onvia DemandStar to all prospective Respondents (at the respective addresses furnished for such purposes) not later than five days prior to the date fixed for the Quote Request opening.

c) Submission of a quote constitutes acknowledgment of receipt of all addenda. Quotes 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 quote, as submitted. All addenda become part of the Agreement.

3. Award Procedures

a) 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 Quotes 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.

b) Pursuant to §286.0113 Fla. Stat., if the District rejects all quotes and concurrently provides notice of its intent to reissue the competitive solicitation, the recording and any records presented at any exempt meeting 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 quotes.

c) The District will examine the quotes to determine completeness. Obvious mismatches with regard to technical or commercial requirements will be rejected at this time.

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

(2) by lot.

e) In the event the Successful Respondent fails to enter into the Agreement or the Agreement with said Respondent is terminated within 90 days of the effective date, the District reserves the right to negotiate with the other respondents in ranked order, if available, and award an Agreement.

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

For the purpose of filing a protest under §120.57(3), Fla. Stat., the time period will commence as provided in “Notices and Services Thereof.”

4. Disqualification of Respondents

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

a) Contacting a District employee or officer other than the procurement specialist assigned to this solicitation action, about any aspect of this Quote Request before the notice of intended decision is posted.

b) Submission of more than one quote 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 Quote;

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;

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=%22open%20government%22&URL=0100-0199/0119/Sections/0119.07.html

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.

5. Rejection of Quote

a) Quotes must be emailed to the specified location and received during the time specified on page 1 in order to be considered timely. Untimely quotes will not be considered. Quotes will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate quotes, or other material irregularities. The District may consider incomplete any quote 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 Quote.

b) The District also reserves the right to reject any and all quotes when it determines, in its sole judgment and discretion that, it is not in its best interest to award the agreement.

6. 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 Contractor 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.

7. Diversity Opportunities

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

8. Prohibition Against Considering Social, Political, or Ideological Interest in Government Contracting

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.

9. Notices and Services Thereof

a) The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on DemandStar at demandstar.com, Vendor Registry at vendorregistry.com, state of Florida’s MyFloridaMarketPlace at myfloridamarketplace.com, and Central Bidding at centralbidding.com. DemandStar, Vendor Registry and Central Bidding may also be accessed through the District’s web site at sjrwmd.com.

b) 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.

c) 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.

10. 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 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.

Thank you for your consideration of this request.

Exhibit 1 – Statement of Work Exhibit 2 – Cost Schedule Exhibit 3 – Certificate as to Corporation Exhibit 4 – Qualifications - General Exhibit 5 – Standard Letter Agreement Exhibit 6 – Insurance Requirements

EXHIBIT 1 — STATEMENT OF WORK

Fertilize Levees 2025 - Upper St. Johns River Basin

I. INTRODUCTION BACKGROUND

The St. Johns River Water Management District’s (District) comprises all or part of 18 counties starting at the Florida/Georgia border (Nassau County) south to Vero Beach (Indian River County) and from the Atlantic Ocean to Interstate 75 and south through Orlando. The District’s boundaries are based on natural, hydrogeologic basins rather than political/county limits to allow for effective and efficient planning and management. The District is a local sponsor for the U.S. Army Corps of Engineers (USACE) federal flood control projects within the District’s boundaries and additionally owns additional non-federal levees and dams.

Most of these flood control levees are south of US192 in the Upper St. Johns River Basin. Flood control levee’s L-79, L-78, L-77, L-75, L-74W and the Fellsmere Water Management Area Levee (FWMA) are located in Indian River County. Levees L-74E and L-74N are located in Brevard County and L-73, Section 2B is located in Osceola County. See Figure 1 for general location of each levee. These levees were constructed by the United States Army Corps of Engineers beginning in the early 1960s and throughout the early 1990s. The FWMA levee was complete in 2016.

These levees provide flood control and environmental protection as well as recreational opportunities to the public, in addition to providing ingress/egress to District properties for maintenance and restoration activities.

II. OBJECTIVE

The objective of this project is to maintain a healthy stand of rooted grass on the steep slopes to prevent erosion and discourage weed encroachment on District Levees.

III. SCOPE OF WORK

Contractor shall provide all labor, equipment, and material necessary to spread bulk fertilizer on District levees, only the top 15-feet of the levee is to receive fertilizer unless directed by the District’s Project Manager. The fertilizer shall have a ratio of 20-units nitrogen, 0 units Phosphorus, 10-units potash (20-0-10) with 50% slow-release nitrogen and 2.00% magnesium and 2.00% iron.

Fertilizer material shall be applied on approximately 360 acres at 230 pounds per acre.

IV. TASK IDENTIFICATION

Contractor Responsibilities:

• Conduct a preconstruction meeting with District Project Manager to discussion construction schedule, application process and application rates

• Provide the District’s Projects Manger a minimum of twenty-four hours’ notice prior to mobilizing to site(s)

• Provide and apply fertilizer at rates stated above, the following acreages have been estimated:

o L-79 39 acres o L-78 25 acres o L-77W&L77E 44 acres o L-75 39 acres o FWMA 46 acres o L-74E 8 acres o L-74W 18 acres o L-74N 82 acres o L-73, Section 2B 46 acres o C1RA 13 acres

• Repair damage caused by Contractor to District property, i.e., rutting of work area, guard rails, gates, etc.

• Remove any solidified spillage materials as a result of the fertilizing operation on District property

• Coordinate with the District’s Project manager for joint inspection of each levee prior to demobilization

NOTE: No alcohol, hunting, or firearms are allowed on District property while performing work described. Any problem with nuisance animals on any of the listed levees is the responsibility of the Contractor and local Florida Fish & Wildlife Conservation Commission, or other authorized persons or agencies.

District Responsibilities:

• Provide access to District property for completion of all work

• Attend preconstruction meeting

• Provide oversight during application

• Prior to spreading, verify that the fertilizer tonnage spreading rate is correct

• Perform a joint inspection of each site ensuring all empty fertilizer containers, solidified material and other trash generated by the Contractor during the spreading/delivery, unloading and loading of fertilizer are removed from each site prior to demobilization

V. TIMEFRAMES & DELIVERABLES

The work is authorized to proceed on the date a Purchase Order is executed by the District. All work shall be completed no later than June 27, 2025.

VI. BUDGET/COST SCHEDULE

For satisfactory performance, District agrees to compensate Contractor in accordance with the Contract terms.

VII. PROJECT MANAGER

Harman Bansil Bureau of Operations and Maintenance 321-978-1917 (cell) hbansil@sjrwmd.com

Attachment: Figure 1 – Map of Levees to be Fertilized mailto:hbansil@sjrwmd.com

FIGURE 1

EXHIBIT 2 — COST SCHEDULE

(Submit this form with response)

Quotes are due by 2:00 p.m., March 19, 2025.

FERTILIZE LEVEES 2025 - UPPER ST. JOHNS RIVER BASIN

ITEM

NO. DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT

PRICE COST PER AREA

1 Apply Fertilizer - L-79 39 Acres $ $

2 Apply Fertilizer - L-78 25 Acres

3 Apply Fertilizer - L-77 44 Acres

4 Apply Fertilizer - L-75 39 Acres

5 Apply Fertilizer - FWMA 46 Acres

6 Apply Fertilizer - L-74E 8 Acres

7 Apply Fertilizer - L-74W 18 Acres

8 Apply Fertilizer - L-74N 82 Acres

9 Apply Fertilizer - L-73, Section 2B 46 Acres

10 Apply Fertilizer - C1RA 13 Acres

TOTAL PROJECT COST $

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

Addendum No. Date Addendum No. Date

VERIFICATION

UNDER PENALTIES OF PERJURY, I HEREBY DECLARE, as Respondent’s authorized officer or representative, that I have fully read Respondent’s Quote, of which this Unit Price List is a part, all facts stated in the Quote are true, I understand all terms and conditions as set forth therein, and upon award of such Quote, Respondent shall fully comply with such terms and conditions.

Signature Telephone number

Typed name and title Date

Respondent (firm name)

Address

E-mail address

EXHIBIT 3 - CERTIFICATE AS TO CORPORATION

(Submit this form with response)

The below Corporation is organized under the laws of the State of ; is authorized by law to respond to this Quote Request 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:

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

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.

EXHIBIT 4 – QUALIFICATIONS — GENERAL

Include this form in the response

As part of the quote request, 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 work as described in Quote Request minimum qualifications: __________

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.

Has Respondent defaulted on a previous contract with a public entity? Was a successful claim made against Respondent’s performance or payment bond(s) due to the default? If yes to either question, please describe the nature and result of those proceedings and the entity and bonding company involved.

EXHIBIT 5 – STANDARD LETTER AGREEMENT

Date

Name Business Name Address City, State, Zip

Re: Contract 41044 – Fertilize Levees 2025 - Upper St. Johns River Basin

This Agreement, including attachments, constitutes a binding contract between the St. Johns River Water Management District, its officers, agents, and employees (the “District”) and _____________ (“Contractor”) under the terms and conditions contained herein. Contractor may commence the services provided for herein (the “Work”) upon execution of this Agreement, unless otherwise provided in the Statement of Work, and providing proof of insurance coverage to the Procurement Specialist by mail or email, as indicated below.

Commencing the Work constitutes acceptance of all of the following terms and conditions.

Contractor shall timely and fully perform the Work subject to the Standard Terms and Conditions, Attachment A, and as set forth in the Statement of Work, Attachment B. Insurance requirements are as provided in Attachment C. Contractor warrants that it has workers’ compensation insurance in not less than the minimum requirements of Florida law. This Agreement, including attachments, constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement may be executed in separate counterparts, which shall not affect its validity.

• Term. This contract shall be effective upon execution by both parties and shall expire on June 27, 2025 (“Completion Date”), unless renewed or amended by the parties. Time is of the essence. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof.

• Funding. For satisfactory performance of the Work, the District agrees to pay Contractor a total amount of $________ (the “Total Compensation”).

• Project Management. The Project Managers listed below shall be responsible for overall coordination and management of the Work. Either party may change its Project Manager upon three business days’ prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or

(4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via email are deemed delivered on the date transmitted and received.

DISTRICT CONTRACTOR

Harman Bansil, Project Manager Project Manager St. Johns River Water Management District Business Name 525 Community College Parkway, S.E. Address Palm Bay, FL 32909 City, State, Zip Phone: 321-473-1335 Phone:

E-mail: hbansil@sjrwmd.com E-mail:

• The District’s Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Work.

• Invoice Submittal. Contractor shall submit monthly invoices for Work completed by one of the following two methods: (1) by email to acctpay@sjrwmd.com (preferred) or (2) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571. Each invoice shall be submitted in detail sufficient for proper pre-audit and post-audit review. If necessary for audit purposes, Contractor shall provide additional supporting information as required to document invoices.

• Invoice Information. All invoices shall include the following information: (1) District contract number;

(2) Contractor’s name and address (include remit address, if necessary); (3) Contractor’s invoice number and date of invoice; (4) District Project Manager; (5) Contractor’s Project Manager; (6) supporting documentation as to cost and/or project completion (as per the other requirements of the Statement of Work;

(7) Progress Report (if required). Contractor should not include its Federal Employer Identification Number (FEIN) or its Social Security Number (SSN) on the invoices. Invoices that do not correspond with this paragraph shall be returned without action, stating the basis for rejection. Payment shall be made within 45 days of receipt of an approved invoice. Disputes regarding invoice sufficiency are resolved pursuant to the dispute resolution procedure of this Agreement.

• Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date;

provided, however, that when the Completion Date corresponds with the end of the District’s fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Contractor must request approval for delayed submittal of the final invoice not later than ten days prior to the due date and state the basis for the delay.

• End of District Fiscal Year Reporting. The District’s fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice for Work completed as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice for Work completed as of September 30, Contractor shall submit, prior to October 30, a description of the additional Work completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Contractor shall submit a description of the Work completed on the project through September 30 and a statement estimating the dollar value of that Work as of September 30.

• Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses must be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Contractor and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or state of Florida travel forms and are paid pursuant to District Administrative Directive 391.

mailto:acctpay@sjrwmd.com

We look forward to working with you. Please sign and date this Agreement in the space provided below and return by email to:

St. Johns River Water Management District LaDonna Johnson, Procurement Specialist 4049 Reid Street, Palatka, FL 32177-2571 Office: 386-329-4592 Email: ljohnson@sjrwmd.com

(Note: If the District has executed this Agreement prior to your signature, you must return a fully executed original agreement to the District no later than ten business days after the date of this letter. Failure to do so may result in the withdrawal of this offer.)

Sincerely, Mary Ellen Winkler, J.D., Assistant Executive Director St. Johns River Water Management District

Date:

Contractor — _________________

(By signing below, you accept the terms and conditions of this Agreement and represent that you have the necessary authority to sign on behalf of your company.)

(Sign here)

Print Name:

Title:

Date:

Attachments:

Attachment A — Standard Terms and Conditions Attachment B — Statement of Work/Map Attachment C — Insurance Requirements Attachment D — District Supplemental Instruction Form Attachment E — Human Trafficking Attestation Form mailto:ljohnson@sjrwmd.com

ATTACHMENT A — STANDARD TERMS AND CONDITIONS

1. Amendments. The parties may not amend this Agreement except in writing. Modifications that alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a change order or formal amendment, specifying the nature of the change and any associated change in the Total Compensation and/or Completion Date. The District’s Project Manager may also issue a District Supplemental Instruction (DSI) form to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI. A DSI may not be used to change the Total Compensation, quantity, quality, or the Completion Date of the Work, or to change or modify the Agreement.

2. Assignment.Contractor shall not sublet, assign, or transfer any Work or assign any monies due hereunder, without the District’s prior written consent. As soon as practicable after signing this Agreement, but not less than seven business days prior to the effective date of any subcontractors. Contractor shall notify the District’s Project Manager in writing of the name of any subcontractor that has not been previously disclosed in the procurement process. Within five business days the District shall indicate its approval or disapproval, which shall not be unreasonably withheld. Failure to timely provide such approval or disapproval shall constitute approval. Neither District approval of a subcontractor nor any other provision of this Agreement creates a contractual relationship between any subcontractor and the District. Contractor shall be allowed a maximum 15% markup of their subcontract’s work for oversight and management.

(a) Contractor is responsible for fulfilling all work elements in any subcontracts and payment of all monies due. Contractor is fully responsible to the District for the acts and omissions of its subcontractor and person directly or indirectly employed by them, and shall hold the District harmless from any liability or damages resulting from any subcontract to the extent allowed by law.

3. Audit. Contractor must preserve its books and other records involving transactions related to this Agreement and provide the District, or its duly authorized representatives, access, and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed, Contractor must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. Contractor shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination.

4. Certification. Contractor certifies that it, its principals, and affiliates, are not now and during the term of this Agreement will not be (a) on the Scrutinized Companies (sec. 287.135, Fla. Stat.), Discriminatory (sec.

287.134, Fla. Stat.), or Convicted (sec. 287.133, Fla. Stat.) lists, (b) engaged in a Boycott of Israel (sec.

287.135, Fla. Stat.), or (c) engaged in business operations in Cuba or Syria (sec. 287.135, Fla. Stat.)

Pursuant to the respective statutes, the District may terminate this Agreement at its sole option if Contractor is found to have submitted a false certification or if the certification proves to be untrue during the term of the Agreement.

5. Civil Rights. Pursuant to chapter 760, Fla. Stat., Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status.

6. Cooperation With the Inspector General, Pursuant To §20.055(5) Fla. Stat. Contractor and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

7. Disputes.

(a) During the course of work. In the event any dispute arises during the course of the Work, Contractor shall fully perform the Work in accordance with the District’s written instructions and may claim additional compensation. Contractor is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute by submitting a formal request for additional compensation, schedule adjustment, or other dispute resolution to the District’s Project Manager no later than 15 days after the precipitating event. If not resolved by the Project Manager within five business days, the Project Manager shall forward the request to the District’s Office of General Counsel, which shall issue a written decision within 15 days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Work. Contractor shall proceed with the Work in accordance with said determination. This shall not waive Contractor’s position regarding the matter in dispute.

(b) Invoices. In the event the District rejects an invoice as improper, and Contractor declines to modify the invoice, Contractor must notify the District in writing within ten days of receipt of notice of rejection that Contractor will not modify the invoice and state the reason(s) therefore. Within five business days of receipt of such notice, if not informally resolved through discussion with the District Project Manager, the Project Manager shall forward the disputed invoice and Contractor’s written response to the District’s Office of General Counsel. The matter shall then proceed as described in subsection (a), above.

8. Employment Eligibility. Pursuant to section 448.095, Fla. Stat., Contractor must use the United States Department of Homeland Security’s E-Verify system (“E-Verify”) to verify the work authorization status of all newly hired employees during the term of this Agreement. Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.e-verify.gov.

Contractor shall include in related subcontracts, if authorized under this Agreement, a requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work. The subcontractor must provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of such affidavit for the duration of the Agreement. If the District has a good faith belief that a subcontractor knowingly violated section 448.095, Fla. Stat., and notifies Contractor of such, but the Contractor otherwise complied with the statute, then Contractor shall immediately terminate the contract with the Subcontractor.

9. Funding Contingency. This Agreement is contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Contractor and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, “Fiscal Year” is defined as the period beginning on October 1 and ending on September 30.

10. Governing Law, Venue, Attorney’s Fees, Waiver of Right to Jury Trial. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, “shall” is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state legal proceedings is Putnam County or federal legal proceedings shall be in Duval County;

(2) each party shall bear its own attorney’s fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial.

11. Indemnity. Contractor shall indemnify and hold harmless, release, and forever discharge the District, its public officers, employees, agents, representatives, successors, and assigns, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, arising from or caused by the Contractor, its employees, or subcontractors, in the performance of the Work. Contractor shall further indemnify the District for all costs and penalties the District incurs related to any failure to offer Patient Protection and Affordable Care Act compliant health care coverage to Contractor employees performing under this contract.

12. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor Contractor 's employees are employees or agents of the District. Contractor controls and directs the means and methods by which the Work is accomplished. Contractor is solely responsible for compliance with all labor, health http://www.e-verify.gov/ insurance (Patient Protection and Affordable Care Act 42 U.S.C. §§ 18001, et seq.), and tax laws pertaining to Contractor, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws.

13. Interest in the Business of Contractor; Non-Lobbying. Contractor certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Contractor to be conducted under this Agreement, and that no such person shall have any such interest at any time during the term of this Agreement. Pursuant to §216.347, Fla. Stat., monies received from the District pursuant to this Agreement shall not be used to lobby the Florida Legislature or any other state agency.

14. No Coercion for Labor or Services. Contractor, a nongovernmental entity entering this Agreement with the District, certifies, assures, and affirms that Contractor does not use coercion for labor or services as prohibited under Sec. 787.06, Florida Statutes. If Contractor is a nongovernmental entity, Contractor must provide the District with an Human Trafficking Attestation, Attachment D, executed by an officer or representative of Contractor.

15. Ownership. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement.

16. Payment and Release. Contractor shall pay all proper charges for labor and materials required to perform the Work. Unless otherwise stated herein, the District shall pay Contractor 100% of each approved invoice.

Acceptance of final payment constitutes a release of all claims against the District arising by reason of the Work. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to the extent necessary to protect the District from loss as a result of: (1) defective Work not remedied; (2) Contractor’s failure to make payments when due to subcontractors or suppliers;

(3) failure to maintain adequate progress in the Work; or (4) any other material breach hereof. Amounts withheld shall not be considered due until the ground(s) for withholding payment have been remedied.

17. Permits and Licenses. All materials used and work performed must conform to the laws of the United States, the State of Florida, and county and municipal ordinances. Contractor represents and warrants that it is duly licensed to perform the Work in accordance with the laws of the state of Florida and the county or municipality in which the Work is to be performed.

18. Pollution Control. Contractor shall not discharge or permit the discharge of any pollutant as defined in §403.031, Fla. Stat., including fuels, oils, acids, insecticides, herbicides, wastes, toxic or hazardous substances, onto any lands or into any surface or ground waters. Contractor shall investigate and comply with all applicable federal, state, county, and municipal laws concerning toxic wastes, hazardous substances, and pollution of surface and ground waters. If any pollutant or material that can cause pollution, is dumped, or spilled in unauthorized areas, Contractor shall so notify the District within one business day and shall then remove the polluted material and restore the area to its original condition at Contractor’s sole expense.

19. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, 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, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.

20. Public Records.

(a) Contractor is responsible for identifying confidential trade secret information as such upon submittal to the District. Notwithstanding any other provision hereof, the District shall not be liable to Contractor for release of confidential information not identified as such upon submittal. If the District receives a public records request that requests information claimed to be confidential by Contractor, the District shall take such steps as are necessary to comply with chapter 119, Fla. Stat., while protecting the confidentiality of trade secret information. In the event of a dispute as to whether the requested information is a trade secret, Contractor shall be liable for all costs incurred by the District resulting from the dispute, including any court costs and attorney’s fees. The calculation of those costs shall not include costs that are charged to the public records requestor.

(b) Contractor shall comply with Florida Public Records law under Chapter 119, Fla. Stat. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in §119.011(12), Fla. Stat. Contractor shall keep and maintain public records required by the District to perform the services under this Agreement.

(c) If Contractor meets the definition of “Contractor” found in §119.0701(1)(a), Fla. Stat.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply:

1. Pursuant to §119.0701, Fla. Stat., a request to inspect or copy public records relating to this Agreement for services must be made directly to the District. If the District does not possess the requested records, the District shall immediately notify the Contractor of the request, and the Contractor must provide the records to the District or allow the records to be inspected or copied within a reasonable time. If Contractor fails to provide the public records to the District within a reasonable time, the Contractor may be subject to penalties under s. 119.10, Fla. Stat.

2. Upon request from the District’s custodian of public records, Contractor shall provide…