42144QR26-Upper Basin Fertilizer.pdf

Rev. 2.14.26 42144QR26 | Page 1 of 39

It is the responsibility of Respondents who receive this solicitation from sources other than the portals identified above or St. Johns River Water Management District to contact the District’s Procurement staff prior to the due date to ensure any updates/addenda are received in order to submit a responsible and responsive offer. If you fail to submit a complete and accurate document, the District may deem the offer non-responsive and reject your submittal.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer:

Addendum No. Date Addendum No. Date Addendum No. Date

RESPONDENT NAME:

STREET ADDRESS:

MAILING ADDRESS (IF DIFFERENT):

PRIMARY E-MAIL ADDRESS (required)

SECONDARY E-MAIL ADDRESS (required)

TELEPHONE: ( ) YEAR COMPANY WAS ESTABLISHED

NAME/TITLE OF PERSON SUBMITTING QUOTE:

SIGNATURE OF PERSON SUBMITTING QUOTE:

This document must be completed and returned with your submittal

THE GOVERNING BOARD OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

QUOTE REQUEST

42144 UPPER BASIN FERTILIZER

The St. Johns River Water Management District (the “District”) is seeking submittals from Respondents to supply all labor equipment, and materials necessary to provide and apply bulk fertilizer to District levees as specified herein (the “Work”). All Work shall be completed by June 30, 2026.

Interested and qualified Respondents are invited to submit a complete submittal package in accordance with the requirements and specifications detailed in this solicitation. Submittals must address all elements of the Scope of Work and comply with the terms and conditions set forth herein.

Further information is available through DemandStar at demandstar.com, Central Bidding at centralbidding.com, the state of Florida’s MyFloridaMarketPlace at myfloridamarketplace.com or the District’s website at sjrwmd.com. Solicitation packages may be obtained from the above portals. Vendors may also request the solicitation package directly from the District.

For all requests or questions relating to this solicitation, please contact:

LaDonna Johnson, Procurement Specialist Phone: 386-329-4592 or E-Mail: LJohnson@sjrwmd.com

PRE-QUOTE MEETING – No Pre-Bid Scheduled

LAST DAY FOR QUESTIONS – April 7, 2026; 5:00PM

QUOTE DUE DATE

2:00 PM Tuesday, April 15, 2026

*PLEASE NOTE – Submittals must include all required documents and forms that are requested in this solicitation, or the submittal may be deemed non-responsive.

Rev. 2.14.26 42144QR26 | Page 2 of 39

SUBMITTAL ACKNOWLEDGMENT FORM

The undersigned, on behalf of Respondent, hereby certifies and declares the following:

Authority to Bind: The individual signing this form is authorized to represent and legally bind Respondent to the terms and conditions of the solicitation and to the submittal.

Commitment to Contract: If selected, Respondent agrees to enter into an Agreement with the District based on the terms set forth in the solicitation documents, including the draft Agreement, Instructions to Respondents, all exhibits and attachments, addenda, certifications, affidavits, and the submittal. Respondent further agrees to provide all required goods and services in accordance with the stated timeline and to submit proof of the required insurance coverage.

Conflict of Interest: Except as disclosed in any attached addendum, no officer, employee, or agent of the District has any direct or indirect interest in Respondent’s business or in any agreement that may result from this submittal.

Respondent affirms that no such interest will exist throughout the term of any awarded Agreement.

Disclosure of Interested Parties: All individuals or entities with a significant interest in this solicitation, whether as principals or key participants in performing the Work, are listed in the form titled Certificate as to the Respondent’s Authority to do Business in Florida. No other party holds any interest in this solicitation or in any resulting Agreement.

Due Diligence: Respondent affirms that it has reviewed and understands the attached draft Agreement and all related documents, including the specifications, addenda, and conditions related to this solicitation. Respondent acknowledges receipt of all issued addenda and confirms it is fully informed regarding the Work to be performed.

Fair Solicitation Submission: This submittal is made independently, without collusion, connection, or agreement with any other person, company, or organization submitting on this solicitation. It is made in good faith and without any attempt to defraud.

By signing this Submittal Acknowledgment Form, I acknowledge I have read and understand it and I affirm that Respondent complies with all conditions and requirements set forth herein.

Respondent Name

Authorized Representative Date

Printed Name

Title

This document must be completed and returned with your submittal

Rev. 2.14.26 42144QR26 | Page 3 of 39

42144 UPPER BASIN FERTILIZER

TABLE OF CONTENTS

Cover Sheet Page 1

Solicitation Acknowledgement Form Page 2

Table of Contents Page 3

PART 1 – Scope of Work Pages 4-5

Quote Form Page 6

Required Documents & Forms Pages 7-12

(NOTE! Additional documents not included in this section may be required)

PART 2 – Submittal Requirements & General Information Pages 13-19

PART 3 – Draft Agreement Pages 20-39

Rev. 2.14.26 42144QR26 | Page 4 of 39

42144 UPPER BASIN FERTILIZER

PART 1 – SCOPE OF WORK

I. INTRODUCTION BACKGROUND

The Upper St. Johns River Basin flood control levees — L-79, L-78, L-77, L-75, L-74W and the Fellsmere Water Management Area Levee (FWMA) are located in Indian River County, Florida. Levees L-74E, L-74N, and C1RA are located in Brevard County, Florida. L-73, Section 2B is located in Osceola County, Florida.

Refer to 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 through the early 1990s as part of the original flood plan for the Upper St. Johns River Basin. The project was later incorporated into the Upper Basin project of the St. Johns Water River Water Management District in 1976.

The levees provide critical flood control and environmental protection functions within the Upper St. Johns River Basin. In addition, they support public recreational opportunities consistent with District management objectives. The levees also serve as essential ingress and egress routes to District-owned properties, facilitating ongoing maintenance, inspection, and ecosystem restoration activities.

II. OBJECTIVE

The objective of this project is to establish and maintain a healthy, well-rooted grass cover on the levee side slopes to stabilize soils, prevent erosion, and discourage invasive or nuisance vegetation encroachment on District levees.

III. DESCRIPTION OF WORK

Contractor shall provide all labor, equipment, and materials necessary to furnish and apply bulk fertilizer to District levees. Fertilizer shall be applied only to the top 15 feet of each levee slope unless otherwise directed by the District’s Project Manager.

The fertilizer shall have a ratio of 20% nitrogen, 0% phosphorus, 10% potash (20-0-10), with a minimum of 50% slow-release nitrogen, and shall contain 2.00% magnesium and 2.00% iron.

Fertilizer shall be applied to approximately 360 acres at an application rate of 230 pounds per acre during Spring 2026. All applications shall be completed no later than June 30, 2026.

IV. TASK IDENTIFICATION

Contractor Responsibilities:

The Contractor shall:

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

• Provide the District’s Projects Manger a minimum of twenty-four (24) hours’ notice prior to mobilizing to site(s).

• Furnish and apply fertilizer at the rates stated herein. The following acreages are estimated for each levee:

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

Rev. 2.14.26 42144QR26 | Page 5 of 39 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 any damage caused by Contractor to District property, including but not limited to rutting of work areas, damage to guardrails, gates, or other infrastructure.

• Remove and properly dispose of any solidified fertilizer spillage or materials accumulated resulting from fertilization operations on District property.

• Coordinate with the District’s Project Manager to conduct a joint inspection of each levee prior to demobilization.

NOTE: Alcohol, hunting, and firearms are strictly prohibited on District property while performing work under this SOW. Any issues related to nuisance wildlife on the listed levees shall be the responsibility of the Contractor in coordination with the Florida Fish and Wildlife Conservation Commission or other authorized persons or agencies.

District Responsibilities:

The District shall:

• Provide access to District property for the completion of all work.

• Attend preconstruction meeting.

• Provide oversight during fertilizer application operations.

• Perform Quality Assurance and Quality Control (QA/QC) prior to application to verify that the fertilizer spreading rate and total tonnage are calibrated and applied in accordance with the specified rate.

• Conduct a joint inspection of each delivery site prior to Contractor demobilization to ensure all empty fertilizer containers, solidified materials, and any other debris generated during spreading, delivery, loading, or unloading operations are properly removed from the site.

V. TIMEFRAMES & DELIVERABLES

The Work is authorized to proceed upon execution of the Agreement by both parties and all required documentation has been submitted and received by the District. All Work shall be fully completed no later than June 30, 2026.

VI. BUDGET/COST SCHEDULE:

For satisfactory performance of the Work, the District agrees to compensate Contractor in accordance with the terms and conditions of the Agreement.

Payment shall be contingent upon satisfactory completion of services and submission of proper invoices in accordance with District requirements.

VII. PROJECT MANAGER

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

Rev. 2.14.26 42144QR26 | Page 6 of 39

QUOTE FORM

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE COST PER

AREA

1 Apply Fertilizer L-79 39 ACRE 2 Apply Fertilizer L-78 25 ACRE 3 Apply Fertilizer L-77 & L77E 44 ACRE 4 Apply Fertilizer L-75 39 ACRE 5 Apply Fertilizer L-74E 8 ACRE 6 Apply Fertilizer L-74W 18 ACRE 7 Apply Fertilizer - FWMA 46 ACRE 8 Apply Fertilizer L-74N 82 ACRE 9 Apply Fertilizer L-73, Section 2B 46 ACRE

10 C1RA 13 ACRE

TOTAL PROJECT COST:

PUBLIC RECORDS: Florida Statutes provide that sealed submittals or replies received by the District shall remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier.

This means that Respondents will not be able to obtain a copy of their competitors’ submittals until the statutory time has elapsed.

UNIT PRICES: Unit prices on the Quote Form may be used to correct any extensions, and if adjusted, will be identified on the detailed tabulation as corrected. Unit costs will not be changed. If Respondent fails to include a unit price and only includes the total, the District reserves the right to mathematically calculate the unit cost and enter to establish a price for the Agreement and potential additional purchases of affected line items.

AIS REQUIREMENT: If the solicitation concerns a public works project or involves the procurement of materials for use in a public works project as defined in §255.0993, Fla. Stat., the Respondent hereby acknowledges that it is obligated to comply with the American Iron and Steel Requirement (the “AIS Requirement”) set forth therein and Respondent hereby certifies that any iron or steel product contained in this Cost Schedule that is to be permanently incorporated into the subject project will be produced in the United States in accordance with the AIS Requirement. Respondent agrees that it shall be responsible for any penalty imposed as a result of Respondent’s failure to comply with the AIS Requirement. In addition, Respondent has included any costs associated with the AIS Requirement into this cost schedule.

UNDER PENALTIES OF PERJURY, I, as the Respondent’s authorized officer or representative, hereby declare that I have fully reviewed the Respondent’s submittal, of which this Cost Schedule is a part; that all facts stated in the submittal are true; that I understand all terms and conditions set forth in the District’s solicitation; and that, if awarded, the Respondent shall fully comply with all terms and conditions.

Name of Respondent Company

Authorized Representative Signature Date

Printed Name/Title

Rev. 2.14.26 42144QR26 | Page 7 of 39

42144 UPPER BASIN FERTILIZER

GENERAL QUALIFICATION QUESTIONNAIRE

Respondent’s company name

Number of years engaged in business under the present company name.

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

Total number of years of Respondent’s experience performing similar Work as described in this solicitation.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting on this solicitation 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.

Has Respondent ever been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity (including participation as a sub) from any governmental entity.

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 solicitation. This inquiry is intended to encompass the Project Manager(s) who will be engaged on a daily basis in directing performance of the Work.

Rev. 2.14.26 42144QR26 | Page 8 of 39

SIMILAR WORK DETAIL FORM

Provide at least three (3) unique projects, similar in size and scope to the Work described in this solicitation, that Respondent has successfully completed within the last three (3) years. No more than one of the similar projects can be from a project completed for the District.

The District may contact the Project Owner or Administrator to verify the information provided below. Please ensure that all contact information is current and accurate. If the District is unable to reach the listed point of contact within two to three business days, the submittal may be deemed non-responsive.

District reserves the right to determine whether or not a project shall be considered “similar.”

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how the scope of work applies to this solicitation:

Total Project Value $________________________

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Rev. 2.14.26 42144QR26 | Page 9 of 39

CERTIFICATE AS TO RESPONDENT’S AUTHORITY TO DO BUSINESS IN FLORIDA

Respondent is incorporated/organized/formed under the laws of the State of ; is authorized by law to respond to this solicitation and perform all Work and furnish materials and equipment required under the Agreement and is authorized to do business in the State of Florida.

Entity name:

Address:

Registration No:

Registered Agent:

By:

(Official title)

(Affix corporate seal, if utilized by Respondent)

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 or Manager and Member, and state the title held by all other individuals listed):

Identify any parent, subsidiary, or sister entities 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 Respondent’s active registration with the State of Florida Division of Corporations proving Respondent’s authority to do business in the State of Florida, or a copy of the application for same that has been accepted by the State of Florida.

Rev. 2.14.26 42144QR26 | Page 10 of 39

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF

MATERIAL CONFORMANCE WITH SPECIFICATIONS

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 package.

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

3. I am fully informed regarding the preparation and contents of the attached submittal and am knowledgeable of all pertinent circumstances related thereto.

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 package in connection with the Agreement for which the attached submittal package has been submitted, or to refrain from proposing 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 submitted prices or the submitted price of any other Respondent, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the District or any other person interested in the proposed Agreement.

5. The price(s) included in the attached submittal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of 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:

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of , 202__, by __________________________________as _____________________ (title) of _________________________________ (Respondent), the party on behalf of whom instrument was executed.

(SEAL)

(Signature)

Notary Public, State of at Large

My commission expires:

Rev. 2.14.26 42144QR26 | Page 11 of 39

DRUG-FREE WORKPLACE FORM

This form is required only in the event of a tie response, Respondent, (company name) , in accordance with §287.087, Fla. Stat., hereby certifies that Respondent does the following:

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

2. Publishes a statement notifying employees that

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

b. as a condition of working on the contractual services that are the subject of this solicitation, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, Fla. Stat., or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

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

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

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

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

By:

Title:

Date:

Rev. 2.14.26 42144QR26 | Page 12 of 39

42144 UPPER BASIN FERTILIZER

NO RESPONSE FORM

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

Please check (as applicable):

Specifications too “general” (explain below)

Insufficient time to respond to the solicitation

Do not provide this type of work for this project

Schedule would not permit us to perform

Unable to meet solicitation specifications

Specifications unclear (explain below)

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

Other (specify below)

Remarks:

Date

Respondent (Company Name)

Address

E-Mail Address

Signature Typed Name and Title

Telephone Number

Rev. 2.14.26 42144QR26 | Page 13 of 39

42144 UPPER BASIN FERTILIZER

PART 2 – SUBMITTAL REQUIREMENTS & GENERAL INFORMATION

Thank you for your interest in working with the St. Johns River Water Management District. Please direct questions regarding the submittal documents and specifications to the District’s Procurement Staff member listed on the first page of this solicitation, in writing. We look forward to working with you. Pertinent information and required documents regarding this solicitation as part of a responsive submittal are listed below.

St. Johns River Water Management District expects interested individuals and firms will make every effort to assemble a team with the requisite expertise and qualifications to supply the product or service.

The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on portals identified on the first page of this document.

2.1 AMERICANS WITH DISABILITIES ACT (ADA)

The District does not discriminate on the basis of disability in its services, programs, or activities. Special accommodations for disabilities may be requested through LaDonna Johnson, Procurement Specialist, or by calling

(800) 955-8771 (TTY), at least five (5) business days (Mon – Fri) before the date needed.

2.2 PROHIBITED COMMUNICATION

To ensure a fair and impartial evaluation process, the District strictly prohibits any communication related to this solicitation with any District office, department, bureau, or employee during the submission and evaluation period, except as expressly authorized in this solicitation. Respondents are specifically prohibited from initiating any contact or communication with any District official or employee involved in the evaluation or consideration of submittals, including but not limited to the Executive Director and members of the Governing Board of the St. Johns River Water Management District, prior to the issuance of an award decision. All communication regarding this solicitation shall be initiated by the District’s Procurement staff, and solely for the purpose of obtaining information or clarification necessary for the proper evaluation of submittals. Any attempt by a Respondent to engage in unauthorized communication may result in disqualification from consideration for award under this solicitation and may further result in exclusion from future procurement opportunities with the District.

2.3 PRE-SUBMITTAL MEETINGS, INQUIRIES AND ADDENDA

If scheduled, the pre-submittal meeting information will appear on the first page of this solicitation. If the pre-submittal meeting is not designated as mandatory, then attendance at the pre-submittal meeting is strongly recommended. If the pre-submittal meeting is designated as MANDATORY, each Respondent must attend or its submittal will not be accepted.

During this meeting, the project scope, procedures, and specifications will be discussed. It is also the only opportunity during the open solicitation period for attendees to ask questions directly to the end user.

District staff are not authorized to provide oral interpretations or clarifications of the solicitation documents, including specifications or other agreement terms. All binding interpretations or corrections must be provided in writing, come only from Procurement staff, and be issued as part of an official addendum to this solicitation. The assigned Procurement Specialist may provide general guidance on District procedures and assist in referencing applicable sections of the solicitation documents; however, Respondents remain fully responsible for understanding and following all written requirements and submit accordingly.

In order to be considered. all requests for a written interpretation or correction must be submitted via e-mail before the deadline for questions stated in this solicitation. All official responses, including clarifications, corrections, or supplemental instructions, will be issued in writing via addenda and posted on the solicitation portals listed on Page 1 of this document, prior to the submittal due date.

By submitting on this solicitation, Respondent is bound by and must acknowledge receipt of all issued addenda.

Submittals will be interpreted as if all addenda were received, whether or not Respondent actually reviewed the addenda.

Failure to receive or review an addendum does not relieve Respondent of any obligations under the solicitation or resulting Agreement. All addenda become an official part of the Contract Documents (defined in the Agreement).

Rev. 2.14.26 42144QR26 | Page 14 of 39

2.4 HOW TO SUBMIT ON THIS SOLICITATION

(a) Respondent’s submittal must be 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 by delivering all files on a single pin/thumb/jump drive either by mail or hand delivery in a sealed envelope.

Label all sealed envelopes as follows:

SEALED SUBMITTAL – DO NOT OPEN

Respondent’s Name: ___________________________________________ Invitation for Bids: 42144, Upper Basin Fertilizer Opening Time: 2:00 PM Opening Date: April 15, 2026

LaDonna Johnson, Procurement Specialist St. Johns River Water Management District District Headquarters 4049 Reid Street Palatka, FL 32177

**Please note that the U.S. Postal Service does not deliver regular mail or express mail to the above address. The District’s experience is that Federal Express and United Parcel Service will. The District is not responsible for and will not accept or consider late submittals due to delays caused by any mail, package or courier service, including the U.S. mail, or caused by any other occurrence.

DO NOT SUBMIT VIA EMAIL — THIS WILL RESULT IN THE SUBMITTAL BEING REJECTED AS

NON-RESPONSIVE.

(b) 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 in this solicitation to describe the reason for not submitting a response.

(c) Please do not password protect files saved to a pin/thumb/jump drive. The District recommends that Respondents confirm their submittal documents will open correctly on a non-Respondent-owned computer. Any electronic submittal received by the District that does not open on a District-owned computer is subject to rejection as a defective response. The file naming conventions for the solicitation must clearly identify specific information, such as the solicitation number and Respondent’s name (Example: 12345QR78, ABC Company).

2.5 HOW TO ASSEMBLE YOUR SUBMITTAL

The following documents and forms must accompany any submittal in the order identified. Please do not include items not requested. A submittal returned without these documents may deem the submittal non-responsive. The District reserves the right to request additional information from any Respondent prior to award.

Forms included in this Solicitation Cover Page/Addendum Acknowledgement Submittal Acknowledgement Form Quote Form General Qualifications Questionnaire Similar Projects Certificate as to Respondent’s Authority to do Business in Florida Affidavit as to Non-Collusion and Certification of Material Conformance with Specifications Drug-Free Workplace Form (not required unless there is a tie bid)

Respondent provided documentation Certificate of Insurability - as noted in Section titled PROOF OF INSURABILITY, herein Proof of Respondent’s active registration on www.sunbiz.org Proof of Respondent’s active registration with the U.S. Department of Homeland Security’s E-Verify system

(Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.e-verify.gov).

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

Rev. 2.14.26 42144QR26 | Page 15 of 39

Copy of any applicable and current license or certification required by the City/County/State/this solicitation

NOTE! A Respondent’s submittal may be rejected as non-responsive for:

(1) Failing to complete all forms,

(2) Failure to provide all required materials; or

(3) Otherwise failing to comply with instructions for preparation and organization of submittal.

2.6 SIGNATURE AND CERTIFICATION REQUIREMENTS

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

If a partnership submits on this solicitation, state the name and address of each member of the partnership.

If a corporation or limited liability company submits on this solicitation, an authorized agent or officer/member must sign the submittal, subscribing the name of the entity with the individual’s own name and affixing the corporate seal (if applicable). Such agent or officer/member must also provide the name of the state under which the entity is chartered/formed, and the names and business addresses of the officers/members.

All Respondents must submit evidence of registration with the Florida Secretary of State for doing business in the state of Florida.

All Respondents must certify that all persons or entities having an interest as principal in this solicitation or in substantial performance of the Work have been identified in the submittal forms.

2.7 OPENING OF SUBMITTALS

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

Unless otherwise exempt, Respondent’s submittal is a public record subject to disclosure upon expiration of the above exemption period. If any information included in the submittal 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.

2.8 DISQUALIFICATION OF RESPONDENTS

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

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

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

(c) Evidence of collusion among Respondents.

(d) Submission of materially false information.

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

(f) Respondent is failing to adequately perform on any existing agreement with the District.

(g) Respondent has defaulted on a previous agreement 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.

Rev. 2.14.26 42144QR26 | Page 16 of 39

(i) Any documented unsatisfactory past performance by Respondent on work performed under a previous Agreement with the District.

(j) 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.

2.9 REJECTION OF SUBMITTAL

Submittals must be delivered to the specified location and received before the designated due date and time in order to be considered. Untimely submittals will be returned unopened. Submittals 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 submittal not prepared and submitted in accordance with the provisions specified herein, and the District reserves the right to waive any minor deviations or irregularities in an otherwise valid submittal.

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

2.10 WITHDRAWAL OF SUBMITTALS

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

2.11 PROTEST PROCEDURES

Notices of Intended Decision 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 Fla. Admin. Code R. 28-110.003, 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.

(a) Pursuant to§120.57(3), Fla. Stat., and Fla. Admin. Code R. 28-110.003, 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.

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

(c) Pursuant to §120.57(3), Fla. Stat., and Fla. Admin. Code R. 28-110.004, a Formal Written Protest must be filed with the District Clerk within ten (10) 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 agreement amount.

(d) No additional time will be added for mailing. All filings must comply with Fla. Admin. Code R. 28-106.104, 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 any electronically transmitted facsimile pleadings, petitions, Notice of Protest or other documents.

(e) 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 Fla. Admin. Code R. 28-101.001), 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.

(f) 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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2.12 AWARDING THE AGREEMENT

(a) 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 Section titled PROTEST PROCEDURES, herein.

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

(c) If two or more submittals are equal in all respects, the Agreement will be awarded as follows: (1) to Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form; (2) to a Respondent university in the State University System pursuant to §373.63, Fla. Stat.; (3) to a Respondent whose submittal contains commodities manufactured, grown, or produced within the state of Florida pursuant to §287.082 Fla.

Stat.; or (4) by lot.

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

(e) 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 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.

(f) Pursuant to §286.0113 Fla. Stat., if the District rejects all submittals 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 submittals.

2.13 EXECUTION OF AGREEMENT

(a) By submitting a response to this solicitation, Respondent represents and warrants that its submittal is a firm offer. Upon the District’s issuance of a notice of award (or other written acceptance), the Successful Respondent is bound to the terms, pricing, and commitments set forth in its submittal, as accepted by the District, together with the District’s solicitation documents.

(b) The Successful Respondent shall execute the District’s Agreement in the form provided (with any District-approved changes) and shall not condition, qualify, or withdraw its submittal, or refuse to sign the Agreement, after award. Failure to timely execute the Agreement and proceed with performance as required may be deemed a breach and may result in rejection of the submittal, cancellation of award, and any other remedies available to the District under the solicitation, the Agreement, or applicable law.

(c) Unless all submittals are rejected, the Successful Respondent must execute and return the Agreement to the District within 10 business days of receipt along with each of the following:

(1) A completed Internal Revenue Service Form W-9.

(2) Satisfactory evidence of all required insurance coverage.

(3) Proof satisfactory to the District of the authority of the person or persons accepting the terms and conditions of this Solicitation on behalf of Respondent.

(4) All other information and documentation required by the Agreement.

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(d) 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 sent via e-mail to the Successful Respondent. The District reserves the right to cancel award of the Agreement without liability at any time before the Agreement has been fully executed by all parties and delivered to the Successful Respondent.

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

2.14 PROOF OF INSURABILITY

The submittal shall contain proof of insurability issued by a company authorized to do business in the State of Florida, and with an A.M. Best Company rating of at least A- for the required insurance(s) listed in the attached Agreement.

NOTE! Successful Respondent will be required to obtain and provide a Certificate of Insurance that meets all requirements as stated, references the Agreement number, and shows St. Johns River Water Management District named as additional insured.

2.15 EXAMINATION OF CONTRACT DOCUMENTS

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 (defined in the Agreement) 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 Section 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 submittal. 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.

2.16 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 solicitation is intended to remain tangible personal property and not become part of a public work owned by the District.

2.17 PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or placed on the discriminatory vendor list may not submit a bid, proposal, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on an agreement 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, subcontractor, supplier, 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.

2.18 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

IN GOVERNMENT CONTRACTING

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

2.18 DEFINITIONS

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The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the draft Agreement below.

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DRAFT AGREEMENT

BETWEEN DISTRICT AND CONTRACTOR

this Agreement is entered into between the Governing Board of the St. Johns River Water Management District (the “District”), whose mailing address is 4049 Reid Street, Palatka, Florida 32177 and ___________________ (“Contractor”), whose address is ______________________ for Upper Basin Fertilizer (the “Project”). All references to the parties hereto include the parties, their officers, employees, agents, successors and assigners.

In consideration of the mutual covenants and promises contained herein, the District and Contractor (singularly referred to as “Party”, collectively “Parties”) hereto agree as follows:

Section 1 – The Contract. The contract between the District and Contractor, of which this Agreement is part, consists of the Contract Documents and shall be effective on the last signature date set forth below.

Section 2 – The Contract Documents. The Contract Documents are defined as this Agreement, the solicitation (42144QR26 Upper Basin Fertilizer), Contractor’s submittal, Scope of Work, plans and drawings, any/all addenda issued in support of the solicitation, recorded bonds (as required), Certificates of Insurance, affidavits, specifications, all Purchase Orders, Change Orders, Work Orders, any Special Conditions or any other attachments issued hereafter, and any other amendments hereto executed by the Parties hereafter. Should any conflict arise between the Contract Documents and the Agreement, the terms of this Agreement shall govern.

Section 3 – Entire Agreement. The Contract Documents form the agreement between Parties for the Project, and Contractor acknowledges receipt of a copy of each and every Contract Document. The Contract Documents represent the entire and integrated agreement between the Parties and supersede prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified only in writing. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the District and Contractor.

Section 4 – Term, Survival. This Agreement shall be effective upon the date of the last Party’s signature below through the final completion date, June 30, 2026 (the “Term”).