Request for Quotes Number Center Pivot Mobile Irrigation Lab (CPMIL)

Transcription

1 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 BROAD STREET BROOKSVILLE, FLORIDA PHONE: FAX: June 27, 2014 Request for Quotes Number Center Pivot Mobile Irrigation Lab (CPMIL) Please review the requirements and specifications of Request for Quotes (RFQ) for the Southwest Florida Water Management District (District) for the Center Pivot Mobile Irrigation Lab (CPMIL). The District, 2379 Broad Street, Brooksville, Florida, would like to receive responses no later than 2:00 p.m., Thursday, July 24, You may mail your response to the address within the header, fax to Andrea Shamblin at or to All technical questions relating to this quote should be submitted in writing to the attention of the Procurement section via to or fax at RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 1 of 13

2 RFQ Center Pivot Mobile Irrigation Lab (CPMIL) The District requests quotes from responsive and responsible bidders for a Center Pivot Mobile Irrigation Lab (CPMIL). The selected respondent, hereinafter same as Contractor, shall deliver the required services and render the required services F.O.B. destination point at the location of the irrigation system being evaluated (Jobsite) within the District boundaries shown in attached map. The terms bidder, Contractor and CPMIL shall be used interchangeably throughout this RFQ. Each bidder must provide both the physical address (not just a P.O. Box number) and the telephone number of its office or a service office located in Florida with its response. At the time of submitting a response, the District requires that the bidder be registered to do business in the State of Florida in accordance with Section , Florida Statutes (F.S.). PART I - SCOPE AND SPECIFICATIONS SCOPE. The Contractor shall provide professional and technical services for the development and implementation of agricultural irrigation efficiency evaluations and assessments (also known as the Center Pivot Mobile Irrigation Lab or CPMIL) exclusively to agricultural irrigation operators of center pivot irrigation systems possessing a current Water Use Permit within the geographical boundaries of the District. These services shall include field and office work to plan, implement, and evaluate irrigation practices and systems for water resource benefits, in accordance with the District s water use and surface water management regulations. The CPMIL shall assist growers with site specific Irrigation Water Management Plans (IWMP) including, but not limited to, irrigation schedules for participating irrigation operators. The IWMP will benefit the management and use of water resources by protecting water supply, water quantity, water quality, and natural systems by promoting irrigation system efficiency and proper irrigation water management practices (also referred to as Best Management Practices). 1.1 The CPMIL shall use the statewide Mobile Irrigation Lab Handbook and the Natural Resources Conservation Service and Institute of Food & Agricultural Sciences standardized procedures, design techniques and established water use practices to promote optimum efficiency when evaluating irrigation system performance under this RFQ. 1.2 SPECIFICATIONS. The Contractor shall provide trained and technically competent CPMIL operator(s) to provide technical irrigation planning and evaluation assistance for irrigation operators seeking to improve their onsite irrigation efficiency. The CPMIL shall work with center pivot agricultural irrigation operators on an individual basis. As a program goal, the CPMIL shall prioritize technical assistance as follows. Priorities of Service and Estimated Allocation of Resources: PRIORITY 1: (Target 45%) The primary task will be to evaluate these irrigation systems and provide written recommendations for improved irrigation efficiency. The CPMIL must first obtain prior written approval of the District before assisting irrigation operators with multiple contiguous sites (i.e., irrigation wellheads). Follow-up site visits are encouraged and therefore acknowledged when system improvements have been made and in the professional judgment of the CPMIL there exists an opportunity to measure a significant increase in water savings (i.e. A difference of 10% or greater between the potential and actual irrigation). The CPMIL must obtain prior written approval from the District before performing follow-up site visits after the first return visit to ensure non-abuse. RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 2 of 13

3 1.2.2 PRIORITY 2: (Target 45%) The primary task will be to prepare IWMP and provide written recommendations to center pivot agricultural irrigation operators for improved irrigation efficiency. The CPMIL must first obtain prior written approval of the District before assisting irrigation operators with multiple contiguous sites (i.e., irrigation wellheads). Follow-up site visits are encouraged and therefore acknowledged when system improvements have been made and in the professional judgment of the CPMIL there exists an opportunity to measure a significant increase in water savings (i.e. A difference of 10% or greater between the potential and actual irrigation). The CPMIL must obtain prior written approval from the District before performing follow-up site visits after the first return visit to ensure non-abuse PRIORITY 3: (Target 10%) As requested by the District, the Contractor shall participate in organized trainings or workshops. These functions will focus on promoting the CPMIL and teaching technical subjects related to irrigation water management, water distribution, system efficiencies, water conservation and irrigation design recommendations and requirements. The Contractor shall also provide formal presentations to the District s Advisory Committees or Boards at the request of the District. These presentations will entail project updates and future activities. 1.3 PROCEDURE. The Contractor shall provide facilities, equipment, materials and technically trained personnel necessary to evaluate the designated center pivot irrigation systems as required by this RFQ. Potential center pivot irrigation system operators may be provided to the Contractor by the District or may be referred by other sources such as the local Soil and Water Conservation District (SWCD). The Contractor shall coordinate on-site evaluations with these irrigation operators and District staff, if applicable. The District will also provide the Contractor with a Right of Entry Agreement (Attachment 3). It will be the Contractor's responsibility to submit the Right of Entry Agreement to the property owner for execution, and then return the executed Agreement to the District's Project Manager within five (5) business days of execution. The Contractor may not enter upon any property for the evaluation or planning of a center pivot irrigation system until the property owner executes and delivers the Right of Entry Agreement authorizing such access. Scheduling of these procedures is the Contractor's responsibility, with priority scheduling being directed by the District in accordance with this RFQ For each system, the Contractor shall perform on-site evaluations according to standardized procedures outlined in the statewide Mobile Irrigation Lab Handbook. The CPMIL shall provide copies of all findings in a report to the operator and the District. These evaluations shall include the following minimum: Pump Determination of the: diameter of well, mainline diameter and water flow Irrigation System Determination of the: type of irrigation system, uniformity of water applied, quantity of water applied, wetted area, depth of water penetration, duration of system operation, and frequency of system operation Recommendation(s) to correct identified problem(s) Irrigation System Management RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 3 of 13

4 Operation recommendations based on type of irrigation system, soil type, crop type and age, weather, aesthetics, and water conservation Discussion of water conserving devices and/or methods Estimation of Potential Water Savings (PWS) Estimation of anticipated Actual Water Savings (AWS) Water quality for non-potable water sources based upon field grade tests Electrical Conductivity (total dissolved solids) Level of ph For each District-approved follow-up system evaluation the CPMIL shall perform the following and provide copies of all findings in a report to the operator and the District Determine the degree to which recommendations have been implemented Calculate AWS Offer additional assistance, if necessary The Contractor shall formulate evaluation results, with clear recommendations, into a recommended IWMP. The IWMP shall clearly acknowledge that the District provided funding for the CPMIL program. The IWMP shall include detailed recommendations and instructions to improve irrigation system efficiencies, operations and/or management. 1.4 DELIVERABLES The Contractor shall send Quarterly Progress Reports to the District Project Manager. These reports shall be provided in written and electronic format (PDF or Excel). The report shall include but not be limited to Project ID #, Date of Evaluation, Initial or Follow Up Visit, County, Crop Type, Irrigation System Design/Specifications, Acres, Efficiency Ratings, Inch Application, any Problem Areas identified and Evaluation Waiting List The Contractor shall submit an on-line Quarterly Package with the Florida Department of Agriculture and Consumer Services (FDACS) by registering with the State of Florida Mobile Irrigation Laboratory Program (MIL) at Submittal of a Quarterly Package shall include: A condensed quarterly report via MIL database Report Number Evaluation and water savings information, for each irrigation system visited, via MIL database Report Numbers 11a and 11b Follow-up and/or replacement information via MIL database Report Number 11c Evaluation waiting list via MIL database Report Number Education and outreach MIL Report Number At the conclusion of the work authorized by a Purchase Order, the Contractor shall submit a Final Report. This Final Report will include a summary of the activities RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 4 of 13

5 associated with the Purchase Order, listing potential annual water conservation savings if evaluation recommendations are followed, and also any observations for improving the CPMIL or irrigation efficiencies. 1.5 REIMBURSEMENTS. Evaluation fees shall be paid based upon the quoted price for listed services on Attachment 1, Quote Response Form. Hourly travel rate will be reimbursed on a per site basis for the amount of time to reach destination regardless of the number of individuals and vehicles. No work performed under this Agreement shall qualify for reimbursement under any other agreement with any agency, including the District. 1.6 CORRESPONDENCE. Unless otherwise stated or notified in writing, correspondence relating to this RFQ will be sent to the District at the address set forth in the heading of this RFQ, and to the bidder at the address stated on Attachment 1, Quote Response Form. 1.7 TERM. The term of the resulting Purchase Order is anticipated to be one (1) year. The resulting Purchase Order can be extended for an additional one (1) year term at the District s sole discretion, and fees shall be paid based upon the quoted price for listed services on Attachment 1, Quote Response Form. 1.8 QUESTIONS. The District will accept written questions relating to this RFQ only during the following period: from June 24, 204 to July 11, Questions may be submitted by to procurement@watermatters.org or by fax to (352) CONFLICT OF INTEREST. Under the performance of the resulting Purchase Order the Contractor and its representatives are prohibited from referring business to any company that, directly or indirectly, any of Contractor s agents or employees hold an interest of five percent (5%) or more INSURANCE. The Purchase Order resulting from this RFQ will require the Contractor to maintain insurance in the following kinds and amounts or limits with a company or companies authorized to do business in the State of Florida during the entire term of the Purchase Order. The Contractor shall not commence work under the Purchase Order until the District has received an acceptable certificate or certificates of insurance showing evidence of such coverage. Certificates of insurance must reference the District Purchase Order Number and District Project Manager Liability insurance on forms no more restrictive than the latest edition of the Commercial General Liability policy (CG 00 01) of the Insurance Services Office without restrictive endorsements, or equivalent, with the following minimum limits and coverages: Minimum Limits per Occurence... $1,000, Vehicle liability insurance, including owned, non-owned and hired autos with the following minimum limits and coverages: Bodily Injury per Person... $100,000 Bodily Injury Liability per Occurrence... $300,000 Property Damage Liability... $100,000 or Combined Single Limit... $500,000 RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 5 of 13

6 The District and its employees, agents, and officers must be named as additional insured on the general liability policy to the extent of the District's interests arising from the Purchase Order Contractor must carry workers' compensation insurance in accordance with Chapter 440, F.S. If Contractor does not carry workers' compensation coverage, Contractor must submit to the District both an affidavit stating that the Contractor meets the requirements of an independent contractor as stated in Chapter 440, F.S., and a certificate of exemption from workers' compensation coverage Contractor must notify the District in writing of the cancellation of or material change to any insurance coverage required by the Purchase Order resulting from this RFQ. Such notification must be provided to the District within five (5) business days of the Contractor s notice of such cancellation or change from its insurance carrier SUBCONTRACTORS. The Contractor may not subcontract with any entity to perform any of the Contractor s obligations or services under this RFQ PERMITS, REGULATIONS AND LICENSES. It is the responsibility of the Contractor to apply for and acquire and/or maintain all necessary permits and/or licenses prior to commencement of work. Any additional permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. If the Contractor performs work that is contrary to such laws, ordinances, rules and regulations, Contractor shall bear all costs arising therefrom and shall indemnify the District in accordance with Paragraph 4 of the Purchase Order Terms and Conditions (Attachment 2) RESPONSIVE/RESPONSIBLE. At the time of submitting a response, the District requires that the bidder be properly licensed and registered to do business in the State of Florida in accordance with applicable F.S. Responses that do not meet all requirements of this solicitation or fail to provide all required information, documents, or materials as provided may be rejected as non-responsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the bid may be rejected as non-responsible. The District reserves the right to determine which responses meet the requirements of this solicitation, and which bidders are responsive and responsible. The District reserves the right before awarding the quote, to require a bidder to submit such evidence of bidder s qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder to perform the work in a satisfactory manner and within the time specified. The bidder is assumed to be familiar with all federal, state or local laws, ordinances, rules and regulations that in any manner affect the work, and to abide thereby if awarded the quote. Ignorance of legal requirements on the part of the bidder will in no way relieve responsibility TERMS AND CONDITIONS. By submitting a response, bidder agrees to all the terms and conditions of this RFQ and those included in Attachment 2, Purchase Order Terms and Conditions. Any changes offered by a bidder in a response will not be considered by the District. The submittal of a response shall constitute bidder s acknowledgement of all terms and conditions of this RFQ and the District will construe the response as though no proposed changes were presented. Any request to change a term or condition in this RFQ or Purchase Order must be asked during the question and answer period under Paragraph 1.8 of this RFQ. RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 6 of 13

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8 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT PROCUREMENT SECTION ATTACHMENT 1 QUOTE RESPONSE FORM FOR CENTER PIVOT MOBILE IRRIGATION LAB (CPMIL) QUOTATION NUMBER RFQ The undersigned bidder agrees to furnish and to deliver as indicated, FOB destination point at JOBSITE. Firm prices shall be stated and include all packing, handling, shipping, transportation and delivery. QUOTE INCLUDES materials/services at the destination as designated by the Purchase Order or the requestor. ITEM NUMBER ITEM DESCRIPTION UNIT UNIT PRICE 1 On-site Evaluation of Center Pivot Irrigation System Evaluation 2 Evaluation Report System 3 Follow-up System Site Visit Evaluation Evaluation 4 Follow-up Evaluation Report System 5 Quarterly Progress Report Each 6 Quarterly FDACS Package Each 7 Final Report Each 8 Travel Site to Site Hour 9 Training, Workshops, Presentations, and Preparation Hour 10 Other Technical Assistance, Written Request Hour RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 8 of 13

9 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT PROCUREMENT SECTION ATTACHMENT 1 Cont. QUOTE RESPONSE FORM FOR CENTER PIVOT MOBILE IRRIGATION LAB (CPMIL) QUOTATION NUMBER RFQ The undersigned bidder has carefully read this Request for Quotes (RFQ) and its provisions, terms and conditions covering the equipment, materials, supplies or services as called for, and fully understands the requirements and conditions. Bidder certifies that this quote is made without prior understanding, agreement, or connection with any corporation, firm, entity, or person submitting a bid for the same goods/services (unless otherwise specifically noted), and is in all respects fair and without collusion or fraud. Bidder agrees to be bound by all the terms and conditions of this RFQ and certifies that the person signing this bid is authorized to bind the Bidder. Bidder agrees that if Bidder is awarded this RFQ, Bidder will provide the materials or services as stipulated. Bidder further agrees to furnish and to deliver materials and services as indicated, with all transportation charges prepaid, and for the prices quoted. BIDDER - (Company Name as Contained on Corporate Seal) MAILING ADDRESS CITY STATE ZIP CODE PHYSICAL ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FAX NUMBER ADDRESS AUTHORIZED SIGNATURE DATE PRINT/TYPE NAME AND TITLE [NOTE:] If you are entering a "No Bid", please state reason in space below or on the back of this form, and return. RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 9 of 13

10 ATTACHMENT 1 Cont. MANDATORY INFORMATION FORM (MUST BE RETURNED WITH QUOTE RESPONSE) List a minimum of three (3) business references who can verify Bidder s past performance record on projects of similar scope and size commenced within the last three (3) years. References must be from firms representing Bidder s services of at least the same size and scope the District is requesting. Please insure all phone numbers and contacts are correct. 1. Business Name: Contact Person: Address: Phone No.: Dates and Service Performed: 2. Business Name: Contact Person: Address: Phone No.: Dates and Service Performed: 3. Business Name: Contact Person: Address: Phone No.: Dates and Service Performed: RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 10 of 13

11 ATTACHMENT 2 PURCHASE ORDER TERMS AND CONDITIONS This Purchase Order issued by the Southwest Florida Water Management District (District) constitutes a binding contract under the terms and conditions contained herein and on attachments hereto when accepted by the Vendor/Contractor named on this Purchase Order, either by acknowledgement or by shipment or by commencement of work. 1. Vendor/Contractor will allow public access to documents and materials made or received by Vendor/Contractor in connection with this transaction in accordance with the Public Records Act, Chapter 119, Florida Statutes (F.S.). 2. All invoices must include this Purchase Order number and be mailed to the Bill To address on the face of this Purchase Order. Payment will be made in accordance with the Local Government Prompt Payment Act, Part VII of Chapter 218, F.S. The District's payment and performance under this Purchase Order are contingent upon the District's Governing Board appropriating funds. 3. Time is of the essence. This Purchase Order may be terminated by the District without cause by providing ten (10) days written notice to the Vendor/Contractor. If Vendor/Contractor fails to comply with any provision of this Purchase Order, the District will provide Vendor/Contractor with written notice of default and Vendor/Contractor will have ten (10) calendar days, or such other time as stated in the notice, to cure the default. If the default is not cured within the stated timeframe, this Purchase Order will terminate and the District will be entitled to recover re-procurement costs, attorneys' fees and costs, and any other expenses and costs incurred by the District. The District reserves the right to cancel this Purchase Order or any part hereof, without obligation, if Vendor/Contractor fails to complete delivery or performance within the specified time period. The rights and remedies in this paragraph are in addition to any other rights and remedies provided by law or under this Purchase Order. The District's waiver of any obligation of Vendor/Contractor will not be construed as the District's waiver of any other obligation of Vendor/Contractor. 4. Vendor/Contractor agrees to indemnify and hold harmless the District and all District agents, employees and officers from and against all liabilities, claims, damages, expenses or actions, either at law or in equity, including attorneys' fees and costs and attorneys' fees and costs on appeal, caused or incurred, in whole or in part, as a result of any act or omission by the Vendor/Contractor, its agents, employees, subcontractors, assigns, heirs or anyone for whose acts or omissions any of these persons or entities may be liable during Vendor/Contractor's performance under this Purchase Order. Vendor/Contractor also agrees to defend all actions or claims brought against the District and hold harmless the District from all losses, costs or damages related to actual or alleged infringement of any patent, trademark or copyright. Vendor/Contractor's obligations contained in this paragraph will survive acceptance of the goods or services by the District. 5. Vendor/Contractor agrees to comply with all applicable federal, state and local laws relating to performance under this Purchase Order. The Vendor/Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, marital status or national origin. 6. All aspects of this Purchase Order are subject to and governed by Florida laws, including without limitation, Section , F.S., and the provisions of the Uniform Commercial Code, Chapters 671 and 672, F.S. Any dispute arising from or related to this Purchase Order will be resolved in a court of competent jurisdiction in the State of Florida and venue will lie in Hernando County. 7. In accordance with Sections (2)(a) and (2)(a), F.S., Vendor/Contractor warrants that it is not currently on the convicted vendor list or the discriminatory vendor list, it has not been placed on a convicted vendor list in the past 36 months, and agrees to notify the District if placement on either of these lists occurs. If subcontracting is allowed under this Purchase Order, Vendor/Contractor agrees to include this provision in all subcontracts issued as a result of this Purchase Order. 8. Vendor/Contractor providing services to the District will obtain and maintain commercial general liability insurance, vehicle liability insurance, and workers' compensation coverage to the District's satisfaction. Vendor/Contractor will also require the same insurance from any subcontractor; otherwise such coverage will be afforded to the subcontractor by the Vendor/Contractor's insurance policies. Such insurance will be available for District review upon request. 9. Unless otherwise provided herein, no party may assign or delegate any of its rights and obligations under this Purchase Order, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner without the prior written consent of the other party and the parties agree that any unauthorized assignment is null and void. 10. This Purchase Order constitutes the entire agreement between the parties and any changes must be mutually agreed to in writing by authorized representatives of the parties. This Purchase Order shall be binding upon and inure to the benefits of the parties hereto and their respective heirs, successors, assigns, executors, administrators, and legal representatives where permitted. 11. All materials, drawings or other items provided by the District to Vendor/Contractor will remain the property of the District and will be returned to the District upon demand. All containers, reels or pallets shipped with goods by Vendor are to remain the property of the District unless otherwise agreed. 12. Materials will be properly packaged and marked with the Purchase Order number. RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 11 of 13

12 13. Inspection of items will be made at the destination, unless otherwise specified, and before payment is due. The District reserves the right to reject any goods which are defective or not in accordance with specifications as to quality or performance. Title to property passes only after inspection and acceptance by the District. Rejected materials will be returned to the Vendor at the Vendor's risk and expense. 14. All prices must be F.O.B. destination unless otherwise agreed in writing by the District. Where a specific purchase is negotiated F.O.B shipping point, the Vendor will prepay shipping charges and include them on the invoice. 15. Quantities and prices specified herein are not to be exceeded unless authorized in writing in accordance with paragraph 10 of this Purchase Order. The Vendor's price will be the lowest prevailing market price and under no circumstances will the price be higher than specified herein without the express written authorization of the District. 16. Vendor agrees to furnish the District with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased. Appropriate labels and MSDSs shall be provided for all shipments. 17. Vendor warrants that the goods will conform to the specifications, drawings, and descriptions listed in the offering document or the sample(s) furnished. SERVICES - ADDITIONAL TERMS AND CONDITIONS 18. The Contractor will perform as an Independent Contractor and not as an employee, representative or agent of the District. If subcontracting is permitted under this Purchase Order, nothing herein will be construed to create or be implied to create, any relationship between the District and any subcontractor of Contractor. 19. The Contractor, upon request, will permit the District to examine or audit all records and documents related to the services performed under this Purchase Order during or following completion of the services at no cost to the District. The Contractor will maintain all such records and documents for at least three (3) years following completion of the services and final payment by the District. Payments made to the Contractor under this Purchase Order shall be reduced for amounts found to be not allowable under this Purchase Order by an audit. If an audit is undertaken by the District, all required records shall be maintained until the audit has been completed and all questions arising from it are resolved Each party shall allow public access to documents and materials made or received by either party in accordance with the Public Records Act, Chapter 119, F.S. The Contractor shall (1) keep and maintain public records that ordinarily and necessarily would be required by the District in order to perform the service; (2) provide the public with access to public records on the same terms and conditions that the District would provide the records and at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the District, all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the District in a format that is compatible with the information technology systems of the District This paragraph shall survive the expiration or termination of this Purchase Order. 20. All documents, including reports, drawings, estimates, programs, manuals, specifications, and all goods or products, including intellectual property and rights thereto, purchased under this Purchase Order with District funds or developed in connection with this Purchase Order will be and will remain the property of the District. 21. In the event of any national, state or local emergency which significantly affects Vendor/Contractor's ability to perform, such as hurricanes, tornados, floods, acts of nature, acts of war, or other such catastrophes, or other man-made emergencies beyond the control of the Vendor/Contractor such as labor strikes or riots, then the Vendor's/Contractor's obligation to complete said work within the time frames required by this Purchase Order will be suspended for the period of time the condition continues to exist. The foregoing will constitute the Vendor/Contractor's sole remedy or excuse with respect to the delay and no claim for damages, other than for an extension of time, will be asserted against the District. ALTERNATIVE TERMS AND CONDITIONS If Vendor/Contractor is a public entity, the following provision shall replace paragraph 4 of this Purchase Order: 22. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section , F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of either party's sovereign immunity or any lawful defenses or extend either party's liability beyond the limits established in Section , F.S. The obligations contained in this paragraph will survive acceptance of the goods or services by the District. The District expects the Contractor to make good faith efforts to ensure that disadvantaged business enterprises, which are qualified under either federal or state law, have the maximum practicable opportunity to participate in contracting opportunities under this Purchase Order. 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13 Invoice documentation submitted to the District under this Purchase Order must include information relating to the amount of expenditures made to disadvantaged businesses by the Contractor in relation to this Purchase Order, to the extent the Contractor maintains such information. If Contractor is a design professional under , F.S., the following provision shall replace paragraph 4 of this Purchase Order: 23. Contractor's liability is limited as provided in this Section 22. Contractor agrees to indemnify and hold harmless the District and all District officers and employees, from liabilities, damages, losses, and costs, either at law or in equity, including, but not limited to reasonable attorney fees and costs and attorney fees and costs on appeal, as a result of any negligent or reckless act or omission or any intentionally wrongful conduct by the Contractor and other persons employed or utilized by the Contractor in the performance of this Purchase Order in accordance with Section , F.S. Contractor's obligations contained in this paragraph will survive acceptance of the services by the District. RFQ Center Pivot Mobile Irrigation Lab (CPMIL) Page 13 of 13