42479IFB26-12 Mile Mow.pdf

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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:

SIGNATURE OF PERSON SUBMITTING:

This document must be completed and returned with your submittal

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

INVITATION FOR BIDS

42479IFB26 TWELVE MILE SWAMP CONSERVATION AREA

- WEST AUGUSTINE (SJ59) MULCH MOWING

The St. Johns River Water Management District (the “District”) is seeking submittals from qualified contractors with experience in mechanical mowing and mulching to treat approximately 180 acres within designated treatment areas at the Twelve Mile Swamp Conservation Area - West Augustine parcel for hazardous fuel-load reduction and to support future prescribed-fire activities (the “Work”). The Work includes mowing and mulching understory vegetation up to four inches in diameter at breast height within the areas identified in the solicitation maps. The estimated budget for the Work is $80,000.

All Work shall be completed by September 25, 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 shall 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. Respondents 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-BID MEETING – No Pre-Bid meeting is scheduled

LAST DAY FOR QUESTIONS – AUGUST 27, 2026; 5:00PM

SUBMITTAL DUE DATE - SEPTEMBER 2, 2026; 2:00PM

PLEASE NOTE! Submittal shall include all required documents and forms requested in this solicitation or the submittal may be rejected and deemed non-responsive.

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INVITATION FOR BIDS

42479IFB26 TWELVE MILE SWAMP CONSERVATION AREA - WEST AUGUSTINE (SJ59) MULCH

MOWING

TABLE OF CONTENTS

Cover Sheet Page 1

Table of Contents Page 2

PART 1 – Scope of Work Pages 3-8

Bid Form Page 9

PART 2 – Submittal Requirements & General Information Pages 10-16

PART 3 – Required Documents & Forms Pages 17-25 (NOTE! Additional documents not included in this section may be required)

Draft Agreement Pages 26-47

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42479IFB26 TWELVE MILE SWAMP CONSERVATION AREA

– WEST AUGUSTINE (SJ59) MULCH MOWING

PART 1 – SCOPE OF WORK

I. LOCATION/ INTRODUCTION

The Twelve Mile Swamp Conservation Area/West Augustine (SJ59) parcel is an irregular shaped parcel consisting of approximately 565 acres (LA # 2009-022-P1) located north of SR 16, east of Interstate 95 and south of the Twelve Mile Swamp Conservation Area in St. Johns County (Figure 1). It is within the Lower St. Johns River Basin in mitigation drainage basin 5 - Six mile and Julington Creeks and within USACE hydrological unit (HUC- 03080103) known as the Lower St Johns.

The Twelve Mile Swamp Conservation Area consists of approximately 21,375 acres and is owned and managed by the St. Johns River Water Management District. This area was purchased using funding from the FDOT for a portion of the mitigation associated with 9B road project segment from I-95 to CR 2209, FDOT FM# 213516-4.

This mitigation serves as partial mitigation for SJRWMD permit 4-031-102025-6 and the USACE permit SAJ-2014- 1931 (SP-AWP). The property consists of both wetlands and uplands and includes several named swamps in the Twelve Mile Conservation Area. This area is the headwaters and directly influences six major tributary systems.

Three of these areas Turnbull, Mill and Sampson Creeks all discharge into the St. Johns River while Moultrie Creek and Red House Branch discharge into the Matanzas River and Stokes Creek discharges into the Tolomato River.

Enhancements to this property will aid in the in the protection of the water quality and overall habitat enhancement for an important area in the Lower St. Johns River Basin. This scope of work is to provide mowing and mulching in areas to help reduce fuel load. Due to the property location on SR 16 and proximity to Interstate 95 burning the site is difficult, but necessary to maintain a low understory to help prevent catastrophic wildfire.

II. OBJECTIVES

The objective of this scope of work is to mow and mulch approximately 180 acres within mesic flatwoods ecosystems to reduce fuel loads and support future prescribed-fire activities. The project area consists of trees and shrubs requiring mowing and mulching to lower vegetation height and reduce wildfire risk to the surrounding areas.

Work shall include the entirety of the hatched areas shown in Figure 2 and 3, including all understory vegetation up to four inches in diameter at breast height (DBH).

III. PROJECT DESCRIPTION

Work shall include mowing and mulching within the designated treatment areas. Access to the project site will be via SR 16 gate. The staging site for fueling and equipment maintenance shall be in a designated location agreed to by both Project Manager and Contractor. Contractor shall minimize rutting within the project area. If site conditions result in rutting, the Contractor shall immediately notify the Project Manager, and work may be suspended until conditions improve. Any rutting deemed excessive by the Project Manager shall be repaired or mitigated by the Contractor at no additional cost to the District. Project boundaries will be identified in the field using Avenza maps.

Contractor Responsibilities include:

• Contractor shall notify District at least one (1) week prior to entering the project site.

• Contractor shall provide all labor, equipment, fuel, transportation and other resources necessary to complete the Work.

• Contractor shall provide sufficient equipment and personnel to maintain production rates necessary to complete the Work within the specified timeframe.

• Contractor shall repair or replace, at its cost, any damage to fences, gates, or other improvements resulting from its operations. Any repairs necessary after completion of the Work shall remain the Contractor’s responsibility.

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• Contractor shall ensure that all gates are closed and locked at the end of each workday. When a gate is left open during operations, any combination lock provided by the District shall be secured so that the combination is not visible.

• Mobilization and demobilization to and from the project site.

• Perform joint inspection of completed Work with District’s Project Manager. Verification of completed Work shall be based on the Project Manager’s on-site observations and inspection.

• Maintain all equipment in good working order throughout the duration of the Work.

• The District reserves the right to request copies of equipment maintenance records at any time.

• Contractor shall ensure that work area is kept clear of rubbish. Discharge of oil, diesel fuel, hydraulic fluid, or other contaminants is prohibited within the project area.

• In the event of equipment failure, the Contractor shall repair and return the equipment to service within seventy-two (72) hours of the breakdown or provide replacement equipment of equal or greater capability at no additional cost to the District. If the Contractor fails to do so, the District reserves the right to terminate the Contractor’s operations and award the remaining Work to the next lowest responsive and responsible Respondent.

• Provide the Project Manager with at least twenty-four (24) hours’ notice prior to requesting inspection of completed Work.

• Repair or mitigate, at the Contractor’s expense, any rutting deemed excessive by the Project Manager.

• If equipment repairs are expected to exceed seventy-two (72) hours, the equipment shall be removed from the site and replaced with suitable equipment. The Contractor shall notify the Project Manager before removing any equipment that will be out of service for seventy-two (72) hours or longer.

• Exercise due care to prevent the initiation or spread of fires during mowing and mulching operations. The Contractor shall be responsible for all damages resulting from fires caused by its operations or personnel.

• Prevent the introduction and spread of non-native vegetation by inspecting and cleaning equipment in accordance with the procedures outlined in the U.S. Department of the Interior, Bureau of Reclamation, Technical Memorandum No. 86-68220-07-05, Inspection and Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (May 2010).

• Provide a post-treatment Avenza map to demonstrate the acreage mowed and mulched.

• Examine the Agreement documents and inspect the project site prior to commencing Work to become fully familiar with site conditions, access limitations, and all requirements necessary to complete the Work.

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

Failure to satisfy the obligations of this paragraph will not relieve a Contractor from 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 the agreement. Any such failure will not be sufficient cause to submit a claim for additional compensation.

District Responsibilities include:

• District’s Project Manager will determine routes for ingress and egress to the property. Access is shown on Figure 2.

• Describe the nature of the Work and provide maps delineating the work area.

• Coordinate scheduling and site access with the Contractor.

• District’s Project Manager or Land Manager may conduct periodic inspections of the Work and equipment to ensure compliance to job specifications and evaluate performance. The District reserves the right to require the removal and replacement of any equipment deemed unsatisfactory for the Work.

IV. TIMEFRAMES & DELIVERABLES

All Work shall be completed on or before September 25, 2026.

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V. BUDGET/PAYMENT SCHEDULE

Compensation shall be based on the Contractor’s cost per acre for mowing and mulching the approximately 180-acre treatment area identified in Figures 2 and 3.

VI. EQUIPMENT SPECIFICATION REQUIREMENTS:

Skid Steer or wheeled compact loader.

Specs of mulching head:

• Fecon Mulching Head

• Diamond Drum Mulcher

• Diamond Rotary Mulcher

• Or equivalent sized mulcher head

VII. PROJECT MANAGER

Ryan Spohn, Technical Program Manager FDOT Mitigation Program St. Johns River Water Management District Jacksonville Service Center 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 Phone: (904) 591-8352 Email: rspohn@sjrwmd.com

Land Manager:

Tyler Mosteller CWB® North Region Land Manager Bureau of Land Resources St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178-1429 Phone: (904) 874-6499 Email: tmostell@sjrwmd.com

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Figure 1: Location Map of West Augustine and Surrounding Conservation Areas

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Figure 2: Location Map of 180 Acre Mowing Area

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Figure 3: West Augustine-Mowing/Mulching Areas 180 Acres

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42479IFB26 TWELVE MILE SWAMP CONSERVATION AREA - WEST AUGUSTINE (SJ59) MULCH

MOWING

BID FORM

PROPERTY TOTAL

ACREAGE

COST PER

ACRE

TOTAL BID

Twelve-Mile Swamp Conservation Area 180 ACRES $_______________ $________________________

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 thirty (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 Bid 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.

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

This document must be completed and returned with your submittal

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42479IFB26 TWELVE MILE SWAMP CONSERVATION AREA - WEST AUGUSTINE (SJ59) MULCH

MOWING

PART 2 – GENERAL INFORMATION AND REQUIREMENTS

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

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

2.1 MINIMUM QUALIFICATIONS

Respondent shall satisfy the following minimum qualifications in order to be considered. Instructions for providing this documentation are provided herein. Failure to provide required documentation as instructed may result in a submittal being rejected as non-responsive.

a. Experience: Respondent must have a minimum of three (3) years of experience providing mulch mowing services within natural areas, conservation lands, mitigation sites, or similar undeveloped properties using forestry mulching equipment.

b. Similar projects: Respondent must have successfully completed a minimum of two (2) mowing projects similar in size and scope to the Work described in this solicitation within the last three years. For purposes of this solicitation, similar work shall mean the mowing and mulching of understory vegetation, trees, and shrubs within natural areas, conservation lands, mitigation sites, or similar undeveloped properties using forestry mulching equipment. Similar projects must have included treatment of at least 100 acres and the mulching of vegetation up to four (4) inches in diameter at breast height (DBH). Respondent shall provide the required project information on the SIMILAR PROJECTS FORM. The District reserves the right to determine whether a project qualifies as “similar.” Any similar project submitted by Respondent must have been performed for a project owner/administrator that is independent of Respondent. For purposes of this solicitation, “independent” means a project owner/administrator that is not: (i) the Respondent; (ii) a relative of Respondent; (iii) an employee, officer, director, agent, or representative of Respondent; or (iv) a parent, subsidiary, affiliate, commonly owned entity, joint venture partner, or other entity under common control with the Respondent.

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

2.2 BUDGET ESTIMATE

The estimated budget is an estimate only and does not limit the District in awarding the Agreement.

Respondents are cautioned not to make any assumptions from the District’s estimated budget about the total funds available for the Work. The District retains the right to adjust the estimate in awarding the Agreement. The District also reserves the right to reject all Bids with qualified Respondents if bids result in costs over the District’s estimated budget.

In addition, the District reserves the right to increase, decrease, or delete any class, item, or part of the Work in order to reduce costs for any reason. The District may discuss alternatives for reducing the cost of the Work with Respondents and make such modifications as it determines to be in the District’s best interest.

2.3 HOW TO ASSEMBLE YOUR SUBMITTAL

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

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Responsiveness and Responsibility.

For purposes of this solicitation, “responsiveness” refers to whether a submittal materially conforms to the requirements of this solicitation as submitted by the deadline. “Responsibility” refers to whether a Respondent has demonstrated the experience, qualifications, capability, integrity, reliability, resources, and other attributes necessary to successfully perform the Work.

The District may reject a submittal as non-responsive for material deviations, omissions, conditions, qualifications, or failures to comply with the requirements of this solicitation. The District may also determine that a Respondent is not responsible or does not satisfy the minimum qualifications if the information submitted by Respondent, reference checks, past performance information, or other information obtained by the District fails to demonstrate, to the District’s satisfaction, that the Respondent is qualified and capable of performing the Work.

Forms included in this solicitation Cover Page/Addendum Acknowledgement Bid Form General Qualifications Questionnaire Similar Projects Form Proposed Subcontractors Certificate as to Respondent’s Authority to do Business in the State of 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) Submittal Acknowledgement Form

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).

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:

(a) Failing to complete and include all forms;

(b) Failure to provide all required materials; or

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

2.4 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) as further detailed in the Agreement under the Section titled INSURANCE.

NOTE! The successful Respondent shall be required to obtain and provide a Certificate of Insurance, submitted concurrently with the executed Agreement, that meets all specified requirements, references the applicable Agreement number, and names the St. Johns River Water Management District as an additional insured.

2.5 HOW TO SUBMIT A RESPONSE TO THIS SOLICITATION

(a) Respondent’s submittal shall 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.

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

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Label all sealed envelopes as follows:

SEALED SUBMITTAL – DO NOT OPEN

Respondent’s Name: ___________________________________________ Invitation for Bids: 42479IFB26, Twelve Mile Swamp Conservation Area –

West Augustine (SJ59) Mulch Mowing Submittal Due Time: 2:00PM Submittal Due Date: September 2, 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 E-MAIL — THIS WILL RESULT IN THE SUBMITTAL BEING REJECTED AS

NON-RESPONSIVE.

(b) All blank spaces on the solicitation documents shall be typewritten or legibly printed in ink. In the event Respondent declines to submit a response, the District would appreciate submitting the form title 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 shall clearly identify specific information, such as the solicitation number and Respondent’s name (Example: 12345IFB78, ABC Company).

2.6 SIGNATURE AND CERTIFICATION REQUIREMENTS

If an individual submits a response to this solicitation he/she 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 a response to this solicitation, state the name and address of each member of the partnership.

If a corporation or limited liability company submits a response to 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 shall 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 shall:

(a) Submit evidence of registration with the Florida Secretary of State for doing business in the state of Florida.

(b) 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 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.

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2.8 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 shall 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 shall 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 shall 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 shall acknowledge receipt of all issued 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).

2.9 OPENING OF SUBMITTALS

Respondents or their authorized agents are invited to attend the opening of the submittals. The 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 thirty (30) days after opening of submittals or final replies, whichever is earlier. This exemption is not waived by the public opening of the 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 §119.0715, Fla. Stat., Respondent shall 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.

2.10 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.

(i) Any documented unsatisfactory past performance by Respondent on work performed on a District project.

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(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.

2.11 REJECTION OF SUBMITTAL

Submittals shall 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.

2.12 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.

2.13 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 District decisions via e-mail 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, shall file a Notice of Protest with the District Clerk 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, shall file a written Notice of Protest with the District Clerk 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 shall 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 shall 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 shall 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 shall comply with Fla. Admin. Code R. 28-106.104 and shall 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, Notices of Protest or other documents.

(e) The District’s acceptance of pleadings, petitions, Notices of Protest, Formal Written Protest, or other documents filed by e-mail 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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2.14 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 the Section titled PROTEST PROCEDURES, herein.

(b) The Agreement will be awarded to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid as reflected on the Bid 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 a 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 ninety (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 thirty (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.

(g) Upon award, Respondent becomes Contractor.

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 shall be completed, and any other details of the Work. Respondent shall satisfy itself from its own personal knowledge and experience or professional advice as to the character of the Work, the conditions and materials to be encountered, the character, quality, and quantities of the Work, and any other conditions affecting the Work, including surrounding land.

Failure to satisfy the obligations of this paragraph will not relieve a Successful Respondent of its obligation to furnish all material, equipment, and labor necessary to perform the Agreement and to complete the Work for the consideration set forth in its 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 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

Rev. 7.25.26 42479IFB26 | Page 16 of 47 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 shall execute and return the Agreement to the District within ten (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.

(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.

2.17 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.

2.18 BONDING AND RETAINAGE – This section does not apply to this solicitation.

2.19 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.

2.20 USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES

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

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2.21 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.

2.22 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.

2.23 DEFINITIONS

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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PART 3 – REQUIRED DOCUMENTS AND FORMS

The following forms must be included in Respondent’s submittal:

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GENERAL INFORMATION 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? ___ Y ___ N

If yes, please describe the nature and result of those proceedings and the entity involved.

Has Respondent (including any parent, subsidiary, affiliate, or predecessor) ever been debarred, suspended, or otherwise excluded from doing business with any federal, state, or local government entity in the United States of America? ___ Y ___ N

If so, explain.

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.

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SIMILAR PROJECTS FORM

As part of the submittal, Respondent shall complete the following so that the District can determine Respondent’s satisfaction of the minimum qualifications of this solicitation.

Provide at least two unique mulch mowing projects of at least 100 acres that include mowing and mulching of understory vegetation, trees, and shrubs within natural areas, conservation lands, mitigation sites, or similar undeveloped properties using forestry mulching equipment and the mulching of vegetation up to four (4) inches in diameter at breast height (DBH), that Respondent has successfully completed within the last three years. No more than one similar project may be from a project completed for the District.

If the District is unable to verify the information provided for a submitted project after reasonable efforts, the District may determine that the project is not verifiable and may decline to consider the project when determining whether Respondent satisfies the minimum qualifications of this solicitation. If, after excluding unverifiable projects, Respondent has not demonstrated satisfaction of the minimum qualifications, the District may reject the Respondent as not meeting the minimum qualifications.

District reserves the right to determine whether or not a project satisfies the requirements of a similar project.

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

Total Acreage ________________________

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

Project Owner/Administrator:

Point of Contact: E-Mail:

Phone: Project Start & Completion Dates:

Project Name:

Describe how this similar project applies to this solicitation:

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PROPOSED SUBCONTRACTORS

RESPONDENT NAME:

Please list all Subcontractors (defined in the Agreement) to be used in connection with your performance of the Agreement. The District reserves the right to accept or reject any Subcontractor based on past performance, location, or any other grounds that may conflict with the best interests of the District. (Use additional pages, if necessary):

Check which applies:

Respondent will NOT utilize Subcontractors: ☐

Respondent will utilize the Subcontractors listed below: ☐

1. Name and address of Subcontractor:

Description of work to be performed:

Estimated % of workload/responsibility:

2. Name and address of Subcontractor:

3. Name and address of Subcontractor:

4. Name and address of Subcontractor:

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

Respondent is incorporated, organized, or formed under the laws of the State of ; is authorized by law to respond to this solicitation and perform all Work and furnish…