QR 41345 - EMCA Drum Chopping.pdf

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June 10, 2025

Interested Firms

Re: Quote Request, 41345 – Drum Chopping at the Emeralda Marsh Conservation Area (EMCA), Lake County, Florida

Dear Contractor , The St. Johns River Water Management District (“District”) desires to procure a contractor to perform drum chop shrub dominated wetlands and one small site of scrubby flatwoods. The sites are primarily old agricultural fields that were all historically floodplain marshes and wet prairie. Most sites consist of deep organic soils that are saturated or flooded for portions of the year. Contractor will be responsible for supplying equipment suitable for operation in wet, low ground pressure conditions. Ground Conditions may become prohibitive in the ability to complete all available acreage. Target acreage will be 442 acres as outlined in the Statement of Work.

The estimated budget for this project is $80,000.

There is no scheduled site visits planned for this project; however, it is recommended that you contact the District Project Manager to schedule a site visit. You may contact R.H. Davis, District’s Project Manager at 352-821-2066 or via email at rhdavis@sjrwmd.com to schedule a site visit. Please provide at least a 24-hour notice to schedule.

Minimum Qualifications:

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

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

b. Respondent must have no less than five (5) years of experience on projects of the nature specified above.

c. Respondent must have completed at least three (3) projects of a similar nature (refer to the tasks outlined in the Statement of Work) in the past three (3) years by the individual, firm, or project manager assigned to the project. (District-provided form, Qualifications - Similar Projects Form)

d. Respondent must provide three (3) client references. At least two (2) of the references must be from the similar projects listed in sub-paragraph (c) above. No more than one (1) of the references may be from completed District projects. If a District project is cited, do not request a letter from District staff.

QR 41345

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WHERE TO DELIVER RESPONSE

Respondent must submit its Response in electronic format (no paper copies) either by: uploading to DemandStar directly at www.demandstar.com OR to Central Bidding directly at www.centralbidding.com (NOT BOTH); OR (2) delivering all files on a single pin/thumb/jump drive either by mail or hand delivery in a sealed envelope labeled as follows:

SEALED QUOTE – DO NOT OPEN

Respondent’s Name:

Quote Request: 41345 Opening Time: 2:00 p.m.

Opening Date: June 26, 2025

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

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

QUOTE BEING REJECTED AS NON-RESPONSIVE.

Recommendation for award shall be based on the lowest quote that meets all requirements of this quote request.

If you need assistance or have any questions about submitting your quote, please email Breanna Pierce at BPierce@sjrwmd.com or call (386) 643-1168.

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

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

Respondent’s Signature Respondent’s Company Name

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

1. Opening of Quotes

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

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

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

2. Inquiries and Addenda

a) District staff are not authorized to orally interpret the meaning of the Quote Request package, or correct any apparent ambiguity, inconsistency, or error therein. In order to be binding upon the District, the interpretation or correction must be given by the Procurement Specialist and must be in writing. The Procurement Specialist may orally explain the District’s procedures and assist Respondents in referring to any applicable provision in the Quote Request documents, but the Respondent is ultimately responsible for submitting the quote in the appropriate form and in accordance with written procedures.

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

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

3. Award Procedures

a) Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation; (2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed.

Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the Quotes or final replies, whichever

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

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

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

or (2) by lot.

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

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

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

4. Disqualification of Respondents

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

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

b) Submission of more than one quote response for the same subject matter by an individual, firm, partnership, or corporation under the same or different names;

c) Evidence of collusion among Respondents;

d) Submission of materially false information with the Quote;

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

f) Respondent is failing to adequately perform on any existing contract with the District;

g) Respondent has defaulted on a previous contract with the District;

h) The evidence submitted by Respondent, or the District’s investigation of Respondent, fails to satisfy the District that Respondent is properly qualified to carry out the obligations of the Agreement in a manner acceptable to the District and within the time period specified;

i) Any other cause that is sufficient to raise doubt regarding the ability of a Respondent to perform the Work in a manner that meets the District’s objectives for the Work.

5. Rejection of Quote

a) Quotes must be delivered to the specified location and received during the time specified on page 1 in order to be considered timely. Untimely quotes will not be considered. Quotes will be considered

- 5 -irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate quotes, or other material irregularities. The District may consider incomplete any quote not prepared and submitted in accordance with the provisions specified herein, and reserves the right to waive any minor deviations or irregularities in an otherwise valid Quote.

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

6. Public Entity Crimes/Discriminatory Vendors

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted or discriminatory vendor lists following a conviction for a public entity crime or placement on the discriminatory vendor list may not submit a quote, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a quote, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit quotes, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted or discriminatory vendor lists.

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

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

9. Notices and Services Thereof

a) The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on Onvia DemandStar at DemandStar.com, Vendor Registry at vendorregistry.com, Central Bidding at centralbidding.com or the District’s website at sjrwmd.com.

b) Notices will be posted for a minimum of 72 hours following the time at which they are deemed received. 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 deemed received.

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

10. Protest Procedures

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 written 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 quotes, 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, the protester must also file a Formal Written Protest within ten days after the date the Notice of Protest is filed with the

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District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based. Pursuant to §287.042(2)(c), Fla. Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the Formal Written Protest a bond, cashier’s check, or money order made payable to the St. Johns River Water Management District in an amount equal to one percent (1%) of the District’s estimated contract amount.

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 as filed 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, Florida Administrative Code), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

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.

Thank you for your consideration of this request.

Exhibit 1 – Statement of Work Exhibit 2 – Cost Schedule Exhibit 3 – Qualifications: Documentation Forms & Similar Project(s) Exhibit 4 – Sample Agreement

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EXHIBIT 1 — STATEMENT OF WORK

DRUM CHOPPING AT THE EMERALDA MARSH CONSERVATION AREA (EMCA),

LAKE COUNTY, FLORIDA

I. INTRODUCTION

Pursuant to section 373.1391, Florida Statutes, lands owned or managed by the St. Johns River Water Management District (District) shall be managed and maintained, to the extent practicable, in such a way as to ensure a balance between public access, general public recreational purposes, and restoration and protection of their natural state and condition. The project area lies primarily within old muck farms that were in agricultural production prior to District ownership. The entirety of these muck farms lies within the floodplain of the Ocklawaha River and were historically floodplain marshes and wet prairie natural community types. Over time farming operations have reduced the native vegetation typical to these types of natural communities. The District has completed restoration across much of the project site, through planting of sand cordgrass and enhancement of existing native vegetation. Fire exclusion due to adverse weather has allowed willow and other competing shrubs to become dense across the project area. This project will consist of drum chopping to reduce shrub densities allowing the growth and spread of native and emergent vegetation. Reducing the density and coverage of shrubs within these areas will also allow the District to return prescribed fire into these areas, reducing management costs and further promoting the recruitment of beneficial native vegetation. This work is located within the Emeralda Marsh Conservation Area (EMCA), which is located in Lake County, North of Lisbon on the eastern shore of Lake Griffin, west of CR 452 and along either side of Emeralda Island Rd. Gate address 39000 Emeralda Island Road, Leesburg, Florida 34788

II. OBJECTIVES

The objective of this project is to reduce competition and promote the propagation and spread of native vegetation by drum chopping willow and other shrubs.

III. SCOPE OF SERVICES

This project consists of drum chopping shrub dominated wetlands and one small site of scrubby flatwoods.

The sites are primarily old agricultural fields that were all historically floodplain marshes and wet prairie.

Most sites consist of deep organic soils that are saturated or flooded for portions of the year. Contractor will be responsible for supplying equipment suitable for operation in wet, low ground pressure conditions.

Ground Conditions may become prohibitive in the ability to complete all available acreage. Target acreage will be 442 acres. Actual acreage to complete shall be calculated by the awarded cost per acre for the contract divided by the total contract budget.

IV. TASK IDENTIFICATION

Chopper shall be a single drum a minimum of 42 inches in diameter by 7 feet in length and weigh at least 10,000 lbs. when filled with water.

Chopper may be a spiral aerator/renovator type or conventional straight blade chopper (Equivalent to or exceeding a Lawson Ranch Worx® Series or Marden SB or SHPR series choppers).

Chopper blades shall be 6 inches or more in height when measured from cutting edge to drum.

The chopper must be filled with water.

If blades are damaged, equipment must be shut down and repairs made before continuing work.

Acreage chopped with unsatisfactory chopper blades will be redone at no additional expense to the District.

Chop the site with a single pass and overlap each row by at least 6 inches.

All vegetation must be run over at least one time. Chopping will be done as closely as possible to roads and unit edges.

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All pine greater than 4” in diameter will be protected from harm.

Contractor’s Responsibilities

Contractor shall provide all equipment and transportation necessary to complete the job.

If route(s) go through gate(s), the Contractor shall close, and lock, if applicable, the gate(s) at the end of each working day.

Contractor shall repair or replace, at his cost, any damage to fences, cattle guards, gates, power lines, or other improvements. Any repairs necessary after the operations are complete shall be the responsibility of the contractor.

Contractor shall ensure that work area be kept clear of rubbish. Discharge of oil, diesel, or hydraulic fluid shall be prohibited on District property, and the contractor is responsible for cleanup of any spills.

Contractor shall exercise due care against starting fires during operations. Contractor shall be held liable for all damage caused by such fires.

The contractor will replace unsatisfactory equipment within 48 hours.

District’s Responsibilities

District’s Project Manager shall determine routes for ingress and egress to the property.

District’s Project Manager shall determine locations within each property where work will be performed based on site conditions.

District’s Project Manager reserves the right to order Contractor to cease work during inclement weather or if site conditions warrant due to excessive rutting or other damage to the site.

District’s Project Manager or his representative will make unscheduled inspections of work site and equipment.

District’s Project Manager may order removal and replacement of any unsatisfactory equipment.

V. TIME FRAME

All work shall be completed and invoiced by or before September 30, 2025, Contractor or his representative must meet on site with District’s Project Manager or his representative before commencement of work to discuss details of the project.

VI. CONTRACT BUDGET

Payment shall be equal to the actual number of acres completed times the cost per acre outlined in the Cost Schedule. Contractor may invoice the District at the completion of targeted acreage for the property. Contract budget for this project, not to exceed $80,000.

Figures:

Figure 1: Emeralda Marsh Conservation Area, Area 6 Roller Chopping, Location Map Figure 2: Emeralda Marsh Conservation Area, Area 6 Roller Chopping, Site Map

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EXHIBIT 2 — COST SCHEDULE

DRUM CHOPPING AT THE EMERALDA MARSH CONSERVATION AREA (EMCA),

LAKE COUNTY, FLORIDA

(Note: This form must be included with quote submittal)

DUE BY: NO LATER THAN 2:00 PM, JUNE 26, 2025 - RESPONSES SHALL BE SUBMITTED TO THE

PROCUREMENT SPECIALIST AS IDENTIFIED ON THE FIRST PAGE OF THIS REQUEST.

Award shall be based on the lowest total quote cost, while meeting all requirements specified in the Quote Request. The quote shall include all labor, materials, equipment, site prep, and any necessary licensing, and insurance necessary to perform the work as described in the Statement of Work.

COST PER ACRE

No Coercion for Labor or Services. The Respondent, a nongovernmental entity seeking to enter into a contract with the District, declares that it does not use coercion for labor or services as prohibited under Sec.

787.06, Fla. Stat.

VERIFICATION

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

RESPONDENT (FIRM NAME)

ADDRESS

SIGNATURE TYPED NAME & TITLE

TELEPHONE NUMBER EMAIL ADDRESS

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EXHIBIT 3 – QUALIFICATION FORMS

QUALIFICATION — GENERAL

(This form must be included with quote submittal)

As part of the quote request, Respondent shall complete the following so that the District can determine Respondent’s ability, experience, and facilities for performing the Work.

Name of Respondent:

Year company was organized/formed: __________________

Number of years Respondent has been engaged in business under the present firm or trade name:

Total number of years Respondent has experience in similar work as described in the District’s Statement of Work: ____________________

Has Respondent previously been engaged in the same or similar business under another firm or trade name?

If so, please describe each such instance.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject of bankruptcy proceedings on behalf of the current entity submitting this quote or a prior entity that Respondent substantially operated or controlled? If yes, please describe the nature and result of those proceedings and the entity involved.

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

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

(This form to be included in quote submittal)

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

Entity name:

Address:

Registration No.:

Registered Agent:

By:

(Official Title) (Affix corporate seal, if utilized by Respondent)

Attest:

The full names and business or residence addresses of persons or firms interested in the foregoing submittals 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 entity 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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QUALIFICATIONS — SIMILAR PROJECTS

(This form to be included in quote submittal)

Respondent must have completed at least three (3) projects of a similar nature (refer to the tasks outlined in the Statement of Work) in the past three (3)years by the individual, firm, foreman or project manager assigned to the project.

Completed Project 1:

Agency/Company:

Current contact person with Client/Project Owner:

Telephone: Email:

Address of Agency/Company:

Name of Project:

Total Project Cost: Start date: Completion date:

(month/year) (month/year)

Name(s) of assigned personnel:

Project Manager:

Others:

Completed Project 2:

Agency/Company:

Current contact person with Client/Project Owner:

Telephone: Email:

Address of Agency/Company:

Name of Project:

Total Project Cost: Start date: Completion date:

(month/year) (month/year)

Name(s) of assigned personnel:

Project Manager:

Others:

Continued on next page.

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Completed Project 3:

Agency/Company:

Current contact person with Client/Project Owner:

Telephone: Email:

Address of Agency/Company:

Name of Project:

Total Project Cost: Start date: Completion date:

(month/year) (month/year)

Name(s) of assigned personnel:

Project Manager:

Others:

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QUALIFICATIONS — CLIENT REFERENCE

(This form to be included in quote submittal)

Respondent must provide three (3) client references. At least two (2) of the references must be from the similar projects list. No more than one (1) of the references may be from completed District projects. If a District project is cited, do not request a letter from District staff. (For similar projects listed above, simply state “Similar Project No. ___.”)

Client Reference 1:

Similar Project No. ______

Agency/company:

Current contact person at agency/company:

Telephone: E-mail:

Agency/Company Address:

Name of project:

Description:

Project manager:

Client Reference 2:

Similar Project No. ______

Agency/company:

Current contact person at agency/company:

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Client Reference 3:

Agency/company:

Current contact person at agency/company:

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DRUG-FREE WORKPLACE FORM

(This form required only in the event of a tie response)

The Respondent, (business 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 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 require 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 this firm complies fully with the above requirements.

Title:

Date:

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EXHIBIT 4 – SAMPLE AGREEMENT

June 10, 2025

Mr.

Contractor Name Address City, State, Zip, Re: Contract 41345, Drum Chopping at the Emeralda Marsh Conservation Area (EMCA), Lake County Florida

Dear Contractor:

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

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

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

1. Term. This contract shall be effective upon execution by both parties and shall expire on September 30, 2025 (“Completion Date”), unless amended by the parties. Time is of the essence. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof.

2. Funding. For satisfactory performance of the Work, the District agrees to pay Contractor $_______ (the “Total Compensation”).

3. Project Management. The Project Managers listed below shall be responsible for overall coordination and management of the Work. Either party may change its Project Manager upon three business days’ prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via email are deemed delivered on the date transmitted and received.

DISTRICT Contractor R.H. Davis, Project Manager TBD, Project Manager St. Johns River Water Management District TBD 19561 SE Hwy 42 TBD Umatilla, Florida 32784 City, State, Zip Phone: 352-821-2066 Phone:

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

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

5. Invoice Submittal. Contractor shall submit one invoice at the completion of the Work by one of the following two methods: (1) by email to acctpay@sjrwmd.com (preferred) or (2) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571.

Each invoice shall be submitted in detail sufficient for proper pre-audit and post-audit review. If necessary for audit purposes, Contractor shall provide additional supporting information as required to document invoices.

6. Required Invoice Information. All invoices shall include the following information: (1) District contract number; (2) Contractor’s name and address (include remit address, if necessary); (3) Contractor’s invoice number and date of invoice; (4) District Project Manager; (5) Contractor’s Project Manager;

(6) supporting documentation as to cost and/or Work completion (as per the cost schedule and other requirements of the Statement of Work; (7) Progress Report (if required). Contract should not include its Federal Employee Identification Number (FEIN) or its Social Security Number on the invoices. Invoices that do not correspond with this paragraph shall be returned without action, stating the basis for rejection.

Payment shall be made within 45 days of receipt of an approved invoice. Disputes regarding invoice sufficiency are resolved pursuant to the dispute resolution procedure of this Agreement.

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

provided, however, that when the Completion Date corresponds with the end of the District’s fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date.

Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice.

Contractor must request approval for delayed submittal of the final invoice not later than ten days prior to the due date and state the basis for the delay.

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

9. Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses must be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Contractor and are only compensable when specifically approved by the District as an authorized District traveler.

In such instance, travel expenses must be submitted on District or state of Florida travel forms and are paid pursuant to District Administrative Directive 391.

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

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

St. Johns River Water Management District Breanna Pierce, Procurement Specialist Office: 386-643-1168 Email: BPierce@sjrwmd.com

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

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

Contractor

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

(Sign here)

Print Name:

Attachments:

Attachment A — Standard Terms and Conditions Attachment B — Statement of Work Attachment C — Insurance Requirements Attachment D — District’s Supplemental Instructions Attachment E — Common Carrier or Contracted Carrier Attestation Attachment F — Human Trafficking Attestation Attachment G — Authorization to Store Contractor Equipment on District Property

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ATTACHMENT A — STANDARD TERMS AND CONDITIONS

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

2. Assignment.

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

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

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

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

5. Common Carrier. Pursuant to §908.111, Fla. Stat., the District may not execute, amend, or renew a contract with a common carrier or contracted carrier, if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida with knowledge that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of a the person from the state or the U.S. Pursuant to §908.111, Fla. Stat., Consultant shall complete Attachment E, the Common Carrier or Contracted Carrier Attestation.

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

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7. Disputes

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

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

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

(1) venue for any state legal proceedings is Putnam County or federal legal proceedings shall be in Duval County; (2) each party shall bear its own attorney’s fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial.

9. Funding Contingency. This Agreement is contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or

(3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Contractor and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, “Fiscal Year” is defined as the period beginning on October 1 and ending on September 30.

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

11. Independent Contractor. Contractor is an independent Contractor. Neither Contractor nor Contractor's employees are employees or agents of the District. Contractor controls and directs the means and methods by which the Work is accomplished. Contractor is solely responsible for compliance with all labor, health insurance (Patient Protection and Affordable Care Act 42 U.S.C. §§ 18001, et seq.), and tax

- 24 -laws pertaining to Contractor, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws.

12. Interest in the Business of Contractor; Non-Lobbying. Contractor certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Contractor to be conducted under this Agreement, and that no such person shall have any such interest at any time during the term of this Agreement. Pursuant to §216.347, Fla.

Stat., monies received from the District pursuant to this Agreement shall not be used to lobby the Florida Legislature or any other state agency.

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

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

15. Payment and Release. Contractor shall pay all proper charges for labor and materials required to perform the Work. Unless otherwise stated herein, the District shall pay Contractor 100% of each approved invoice. Acceptance of final payment constitutes a release of all claims against the District arising by reason of the Work. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to the extent necessary to protect the District from loss as a result of: (1) defective Work not remedied; (2) Contractor’s failure to make payments when due to subcontractors or Contractors; (3) failure to maintain adequate progress in the Work; or (4) any other material breach hereof. Amounts withheld shall not be considered due until the ground(s) for withholding payment have been remedied.

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

17. Pollution Control. Contractor shall not discharge or permit the discharge of any pollutant as defined in §403.031, Fla. Stat., including fuels, oils, acids, insecticides, herbicides, wastes, toxic or hazardous substances, onto any lands or into any surface or ground waters.