42841IFB27-Purchase Culverts.pdf

Rev. 7.1.26 42841IFB27 | Page 1 of 21

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 BID: ____________________________________________________________

SIGNATURE OF PERSON SUBMITTING BID: _____________________________________________________________

This document must be completed and returned with your submittal

THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

INVITATION FOR BIDS

42841IFB27 PURCHASE OF CORRUGATED ALUMINUM PIPE CULVERT

The St. Johns River Water Management District (the “District”) is seeking to purchase corrugated aluminum pipe (CAP) for culvert installation projects included in the FY 2026-27 Work Plan at multiple conservation areas. The Contractor shall furnish 30-foot CAP, including all corresponding bands and gaskets, in the quantities specified in the Cost Schedule. All materials shall be delivered no later than February 5, 2027, to the District’s Lake George Field Station, Seville, Florida.

The estimated budget for the Work is $45,000.

The District intends to award and issue a Purchase Order to one Respondent capable of providing the materials requested in this solicitation. The Purchase Order shall serve as the Agreement between the District and the awarded Respondent.

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. 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 Email: LJohnson@sjrwmd.com

PRE-BID MEETING – No Pre-Submittal Meeting Scheduled

LAST DAY FOR QUESTIONS – October 20, 2026; 5:00PM

SUBMITTAL DUE DATE – OCTOBER 27, 2026; 2:00PM

PLEASE NOTE! Submittal must 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

42841IFB27 PURCHASE OF CORRUGATED ALUMINUM PIPE CULVERT

TABLE OF CONTENTS

Cover Sheet ................................................................................................................................. Page 1

Table of Contents ........................................................................................................................ Page 2

PART 1 – Scope of Work ........................................................................................................... Page 3

Bid Form ................................................................................................................... Page 4

Required Documents & Forms .................................................................................. Pages 5-12

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

PART 2 – Submittal Requirements & General Information ....................................................... Pages 13-18

PART 3 - Purchase Order Terms and Conditions ....................................................................... Pages 19-21

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42841IFB27 PURCHASE OF CORRUGATED ALUMINUM PIPE CULVERT

PART 1 – SCOPE OF WORK

I. INTRODUCTION/BACKGROUND

The St. Johns River Water Management District (District) is seeking competitive pricing for the purchase and delivery of corrugated aluminum pipe (CAP) for culvert installation projects identified in the District’s Fiscal Year 2026–27 Work Plan. The pipe is intended for use at several District properties, including Rice Creek Conservation Area, Sunnyhill Conservation Area, Bayard Conservation Area, and Pablo Creek Conservation Area.

II. OBJECTIVE

The Contractor shall furnish CAP in 20-foot and 30-foot lengths, together with all corresponding bands and gaskets in the quantities specified in the Cost Schedule.

The Contractor shall deliver all materials to the following location:

District’s Lake George Field Station 735 Joe Pittman Road Seville, Florida 32190

III. TECHNICAL SPECIFICATIONS

All materials shall comply with the applicable current editions of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and Standard Plans in effect on the solicitation due date. CAP shall comply with FDOT Section 945.

Contractor’s Responsibilities:

1. Furnish all pipe, bands, gaskets, and related materials required by the Cost Schedule.

2. Ensure that all CAP complies with FDOT Section 945 and the applicable FDOT specifications and plans stated above.

3. Include all freight, fuel, delivery, and related charges in the unit prices entered on the Cost

Schedule.

4. Provide the District Project Manager (DPM) with at least 48 hours’ advance notice before delivery.

District’s Responsibilities:

1. Coordinate access to the delivery location.

2. Unload the materials upon delivery.

3. Inspect and verify receipt of the delivered materials.

IV. TIME FRAMES AND DELIVERABLES

The Contractor shall deliver all pipe, bands, and gaskets no later than February 5, 2027. The Contractor shall coordinate the delivery date and time with the DPM and provide at least 48 hours’ advance notice.

V. BUDGET/COST SCHEDULE

For satisfactory performance and accepted materials, the District agrees to compensate the Contractor in accordance with the Purchase Order terms and the unit prices set forth in the Cost Schedule.

VI. PROJECT MANAGER

Woody Boynton, Bureau Chief Bureau of Operations and Maintenance 386-546-1833 (cell) wboynton@sjrwmd.com (email)

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BID FORM/COST SCHEDULE

ITEM NO. DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL PRICE

1 18-inch by 30-foot 6 EA $ $

2 24-inch by 30-foot 12 EA $ $

3 30-inch by 30-foot 4 EA $ $

4 36-inch by 30-foot 2 EA $ $

5 24" band with gasket 2 EA $ $

TOTAL BID 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 Respondent 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 it 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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REQUIRED DOCUMENTS & FORMS

(To start on following page)

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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 yes, 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

Respondent must have successfully completed at least two projects of a similar nature (supply corrugated aluminum pipe) within the last three years immediately preceding the bid due date. Each project must have had a project value of at least $10,000.

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.

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

Entity Name:

Point of Contact: E-Mail:

Phone: Project Completion Date:

Project Name:

Describe how the scope of work applies to this solicitation:

Total Project Value $________________________

Entity Name:

Point of Contact: E-Mail:

Phone: Project Completion Date:

Project Name:

Describe how the scope of work applies to this solicitation:

Total Project Value $________________________

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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 companies 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.

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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:

, 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, company, 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: _____________________

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DRUG-FREE WORKPLACE FORM

This form is considered 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:

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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 accept the Purchase Order issued by the District and comply with the solicitation documents, including the Scope of Work, Bid Form, Purchase Order Terms and Conditions, addenda, certifications, affidavits, and Respondent’s submittal. Respondent further agrees to provide all required goods and services in accordance with the stated timeline.

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 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 Purchase Order Terms and Conditions 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

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42841IFB27 PURCHASE OF CORRUGATED ALUMINUM PIPE CULVERT

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

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42841IFB27 PURCHASE OF CORRUGATED ALUMINUM PIPE CULVERT

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 bid documents and specifications to the District’s Procurement Department, 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.

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 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-BID MEETINGS, INQUIRIES AND ADDENDA

If scheduled, the pre-bid meeting information will appear on the first page of this solicitation. Attendance at the pre-bid meeting is strongly recommended. During this meeting, the project scope, procedures, and specifications will be discussed. It is also the only opportunity during the open-bid period for vendors to ask questions directly to the end user.

If the pre-bid meeting is designated as MANDATORY, Respondents must attend or their submittal will not be accepted.

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 submitting 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, the Respondent acknowledges receipt of all issued addenda. Submittals will be interpreted as if all addenda were received, whether or not the Respondent actually reviewed them. Failure to receive or review an addendum does not relieve the Respondent of any obligations under the solicitation or resulting contract. All addenda become an official part of the solicitation documents and any resulting Agreement.

2.4 HOW TO SUBMIT A BID

(a) Respondent must submit their Bid 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: 42841IFB27, Purchase of Corrugated Aluminum Pipe Culvert Opening Time: 2:00PM Opening Date: October 27, 2026

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

**Please note that the United States 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 US mail, or caused by any other occurrence.

DO NOT SUBMIT YOUR BID BY EMAIL — THIS WILL RESULT IN THE BID 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 Bid documents will open correctly on a non-company-owned computer. Any electronic Bid 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 the respondent’s name (Example: ITB 12345, ABC Company).

2.5 HOW TO ASSEMBLE YOUR BID

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

Forms included with this submittal package Cover Page/Addendum Acknowledgement Submittal Acknowledgement Form Bid Form General Information Questionnaire Similar Projects Certificate as to Entity’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

______ Proof of Respondent’s registration on www.sunbiz.org ______ Proof of Vendor’s Registration with E-Verify (Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.e-verify.gov).

NOTE! A Respondent’s Bid 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 Bid.

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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 firm or partnership submits on this solicitation, state the name and address of each member of the firm or partnership.

If a corporation submits on this solicitation, an authorized officer or agent must sign the Bid, subscribing the name of the corporation with his or her own name and affixing the corporate seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the state of Florida.

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

2.7 OPENING OF SUBMITTALS

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

(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 to the Respondent 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

Rev. 7.1.26 42841IFB27 | Page 16 of 21 submitted in accordance with the provisions specified herein, and 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 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 Purchase Order will be issued to the lowest responsive, responsible Respondent, being the Respondent with the lowest Total Bid Cost 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 the 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.

2.12 ISSUANCE AND ACCEPTANCE OF PURCHASE ORDER

The District intends to issue a Purchase Order to the Successful Respondent. The Purchase Order shall serve as the Agreement between the parties and shall be governed by the solicitation documents, the Successful Respondent’s bid, and the District’s Commodity Purchase Terms and Conditions. The Successful Respondent shall provide a completed IRS Form W-9, evidence of authority to accept the Purchase Order, and any other documentation requested by the District before issuance of the Purchase Order. The Purchase Order shall become binding in accordance with its terms upon acknowledgment or commencement of shipment by the Successful Respondent.

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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 Rule 28-110.003, Fla. Admin. Code commences at the time notices are posted.

As a courtesy to Respondents, the District may send copies of the notices of intended agency decisions via email to Respondent. These courtesy communications neither constitute official notice nor vary the times of receipt set forth above.

(a) Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the terms, conditions, or specifications contained in a solicitation, including addenda, must file a Notice of Protest within 72 hours after its posting.

(b) Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by a District decision or intended decision to award a contract, or to reject all 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 Rule 28-110.004, Fla. Admin. Code, a Formal Written Protest must be filed with the District Clerk within ten days after the date the Notice of Protest is filed with the District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based. Pursuant to §287.042(2)(c), Fla. Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the formal written protest a bond 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 Rule 28-106.104, Fla. Admin.

Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept 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 Rule 28-101.001, Fla. Admin. Code), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

(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.

2.14 PROOF OF INSURABILITY – This section does not apply to this solicitation

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

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

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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 BONDING AND RETAINAGE - This section does not apply to this solicitation

2.18 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, supplier, or subcontractor 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.

2.19 USE BY OTHER FLORIDA GOVERNMENTAL ENTITIES - This section does not apply to this solicitation

2.20 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN

GOVERNMENT CONTRACTING

Notice is hereby provided that pursuant to Section 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 the Respondent is a responsible respondent and (2) may not give preference to a Respondent based on the Respondent's social, political, or ideological interests.

2.21 DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein shall have the meanings provided in the Purchase Order Terms and Conditions.

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PART 3 - PURCHASE ORDER TERMS AND CONDITIONS

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The following terms and conditions of this Purchase Order (Order) apply unless expressly superseded by a separate written agreement between the parties. Terms and conditions on the face of this Order supersede the printed terms and conditions below.

COMMODITY PURCHASES: TERMS AND CONDITIONS

1. Contract. This Order, including attachments, constitutes a binding contract under the terms and conditions stated herein when accepted by Vendor, either by acknowledgment or by commencement of shipment. No changes may be made in this Order without the authorization of purchaser, St. Johns River Water Management District (SJRWMD). Neither Vendor nor SJRWMD may assign any portion of this Order without the prior consent of the other.

2. U.C.C. All rights and obligations of the parties are governed by the provisions of the Uniform Commercial Code - Article 2, Sales; Chapter 672, Florida Statutes ("F.S.").

3. Packages, Quantities. Materials will be properly packaged and marked with the purchase order number. Quantities specified herein are not to be exceeded unless otherwise authorized by SJRWMD. SJRWMD reserves the right to cancel this Order, or any part thereof, without obligation if delivery is not made by the time(s)/date(s) specified.

4. Delivery, Acceptance, Title, Rejected Goods. Goods purchased under these terms must be delivered and received by the SJRWMD receiving section. Inspection of items will be made at the destination, unless otherwise specified, and before payment is due. SJRWMD may reject any goods that are defective or not in conformance with specifications as to quality or performance. Title to property passes only after inspection and acceptance by SJRWMD. Rejected goods will be returned to Vendor at Vendor's risk and expense. SJRWMD has no further obligations with regard to rejected goods.

5. Payment. Separate invoices are required for each Order. In the absence of a separate agreement between the parties, full payment will be made within 45 days of inspection and acceptance of goods. Invoices must be received within 15 days of delivery.

6. Shipping. All prices must be F.O.B. the place of destination unless otherwise agreed. Where a specific purchase is negotiated F.O.B. the place of shipment, Vendor will prepay shipping charges and include them on the invoice. C.O.D. shipments will not be accepted and will be returned to Vendor at Vendor's risk and expense.

7. Price. The sale price will be the lowest prevailing market price and under no circumstances higher than specified herein without the express authorization of SJRWMD.

8. Default. In the event of a default or breach by Vendor, which results in a cost increase to SJRWMD, SJRWMD may procure articles or services from other sources and charge Vendor as liquidated damages any excess costs.

9. Ownership. All materials, drawings or other items provided by SJRWMD to Vendor remain the property of SJRWMD and will be returned to SJRWMD upon demand. Unless otherwise agreed, all containers, reels or pallets shipped with goods by Vendor remain the property of SJRWMD.

10. Indemnity. The items covered by this Order will comply with all federal, state or local laws relative thereto. Vendor shall indemnify, defend all actions or claims brought against SJRWMD, and hold and save SJRWMD harmless from all losses, costs or damages, related to actual or alleged infringement of letters of patent or copyrights, or claims arising from fatalities, injuries and/or property damage resulting from manufacturing or design deficiencies of delivered goods.

11. Tax Exempt. SJRWMD is exempt from any sales, excise, or federal transportation taxes, and from the provisions of the Robinson Patman Act.

12. Venue, Attorney's Fees, Waiver of Right to Jury Trial. This Order shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Order. This Order shall be governed under the laws of the State of Florida. In the event of any legal dispute arising from or related to this Order, each party shall bear its own costs and attorney's fees, including appeals. The parties hereby waive their right to jury trial and consent to trial by a court of competent jurisdiction.

13. Civil Rights. Pursuant to chapter 760, F.S., Vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

14. Certification. Vendor certifies that it, its principals, and affiliates, are not now and during the term of this Agreement will not be (a) on the Scrutinized Companies (sec. 287.135, Fla. Stat.), Discriminatory (sec. 287.134, Fla. Stat.), or Convicted (sec.

287.133, Fla. Stat.) lists, (b) engaged in a Boycott of Israel (sec. 287.135, Fla. Stat.), or (c) engaged in business operations in Cuba or Syria (sec. 287.135, Fla. Stat.) Pursuant to the respective statutes, SJRWMD may terminate this Agreement at its sole option if Vendor is found to have submitted a false certification or if the certification proves to be untrue during the term of the Agreement.

15. Vendor's Business, Non-Lobbying. Vendor certifies that no SJRWMD officer, agent, or employee has any direct or indirect material interest, as defined in chapter 112, F.S., in Vendor's business under this Order, or shall have any such interest during

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