38384 - Quote Request Timber Marking Services.pdf

January 30, 2023

Interested Firms

Re: Quote Request, 38384 — Timber Marking Services

The St. Johns River Water Management District (District) desires to procure a Professional Forester or Forester Technician for timber marking services.

The objective of the St. Johns River Water Management District’s (District) Forest Management Plan is to control tree density and maintain forest health. Stand tree densities are reduced by thinning select trees through commercial timber sales. In order to maintain a healthy pine forest, adequate growing space between trees is required for the tree’s crown to grow and expand.

The scope of work is a one-year contract with the option of two twelve-month renewals that consists of marking and cruising timber on approximately 500 to 600 acres annually. The project will consist of marking stands for second and third thinning’s. This project will not involve marking pine plantations for first thinning. All stands selected for marking will have been previously row thinned. Each year the District’s Forester will select stands for marking with consideration for understory density and accessibility.

The District will mow/drum chop old cut rows within stands determined too dense for reasonable accessibility. The following factors will determine accessibility: time since last prescribed burn, height and continuity of vegetation, type of vegetation, and presence of vines. Each year before work commences the District’s Forester and contractor will agree upon the accessibility of stands selected for marking. The timber marking work could be located within any of the 22 conservation areas listed in Appendix A.

Minimum Qualifications:

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

1. All work shall be performed by a Professional Forester or Forester Technician. Proof shall be provided in the form of a legible copy of either a two-year technical degree in Forestry or a four-year professional Forestry degree.

2. Trainees are acceptable while supervised by a qualified marker.

3. Must have two years of experience and completed a minimum of two marking projects, each project greater than 50 acres.

The St. Johns River Water Management District is requesting quote for the above-referenced project. Please review the attached Statement of Work (Exhibit 1) for further details. The attached Cost Schedule (Exhibit 2) must be used to provide your quote and submitted by e-mail to bpierce@sjrwmd.com no later than 3:00 p.m. Thursday, February 8, 2023.

Once quotes are received, staff will review each quote and will make a recommendation for award based on the lowest bidder that meets all the qualifications of this quote request.

mailto:bpierce@sjrwmd.com

QR 38384

The total cost shall include labor, material, equipment and any other cost associated with the project.

If you would like to schedule a site visit prior to submittal, you may contact the District Project Manager Paul Hudson at (386) 329-4464.

1. Opening of Quotes

1. 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.

2. 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.

3. 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

1. 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.

2. 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.

3. 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

1. 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 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.

2. 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 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=%22open%20government%22&URL=0100-0199/0119/Sections/0119.07.html

(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.

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

4. 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.

5. 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.

6. 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

1. Quotes must be emailed 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 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.

2. 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, 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 bids, 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.

7. Diversity

The District is committed to the opportunity for diversity in the award and performance of all procurement activities. The District encourages its primary respondents to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as second and lower tier participants. The District will assist Respondents by sharing information on W/MBEs to encourage their participation.

8. Notices and Services Thereof

1. 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.

Onvia DemandStar may also be accessed through the District’s website at sjrwmd.com. In addition, the District will post notices of intended agency decisions at the District’s headquarters, 4049 Reid Street, Palatka, Florida, Administration Building, Procurement Bulletin Board, on the date the publication is posted on Onvia DemandStar.

2. Notices that are posted on Onvia DemandStar are deemed received at 8:00 a.m. on the next business day following the date posted. Notices that are posted at the District’s Procurement Bulletin Board are deemed received at 8:00 a.m. on the next business day following the date of posting. 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.

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

9. Protest Procedures

1. 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 bids, proposals, or qualifications, must file a Notice of Protest within 72 hours after receipt of the decision or intended decision. Pursuant to §287.042(2)©, 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 of the District’s estimated contract amount.

2. Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.004, Fla. Admin. Code, the protester must also file with the District Clerk a Formal Written Protest 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.

3. 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.

4. 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. 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.

RESPONSES

The District invites interested parties that meet the minimum qualifications contained herein to submit quotes regarding their products and related offerings.

NOTE: Please check the box provided if you are unable to provide a quotation for this service at this time and return to my attention via e-mail to 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

Exhibit 1 – Statement of Work Exhibit 2 – Cost Schedule Exhibit 3 – Qualification Forms Exhibit 4 – Insurance Requirements

EXHIBIT 1- STATEMENT OF WORK

TIMBER MARKING

Introduction/Objective

A key component of the St. Johns River Water Management District’s (District) Forest Management Plan is to control tree density to maintain forest health. Stand tree densities are reduced by thinning select trees through commercial timber sales. To maintain a healthy pine forest adequate growing space between trees is required for the tree’s crown to grow and expand. Otherwise, dense stands with crowded canopies become suppressed and vulnerable to disease.

Qualified timber marking contractors mark the poorest quality trees with a spot of paint so loggers can identify them for removal during a thinning operation. Timber marking done by a qualified contractor insures the poorest quality trees are harvested while the best trees are retained with adequate growing space for the crowns to expand. Once the contractor marks a stand the contractor then cruises it to provide an estimate of timber volume for sale. Afterwards, the District Forester sells the timber through a competitive bid procedure.

Scope of Work

This is a one-year contract with the option of two twelve-month renewals that consists of marking and cruising timber on 500 to 600 acres annually, but there is no guarantee this amount of acreage will be available each year. The District budgeted $44,000 for timber marking this fiscal year and will consider budgeting this amount annually for the next two years. The project will consist of marking stands for second and third thinnings. This project will not involve marking pine plantations for first thinning. All stands selected for marking will have been previously row thinned. Each year the District’s Forester will select stands for marking with consideration for understory density and accessibility. The District will mow/drum chop old cut rows within stands determined too dense for reasonable accessibility. The following factors will determine accessibility: time since last prescribed burn, height and continuity of vegetation, type of vegetation, and presence of vines. Each year before work commences the District’s Forester and contractor will agree upon the accessibility of stands selected for marking. The timber marking work could be located within any of the 22 conservation areas listed in Appendix A.

Task Identification

Tree Marking Specifications

Trees to mark for harvest shall focus on diseased, suppressed, deformed, and trees within the intermediate crown class to achieve a residual basal area of 50-65 ft2. Leave trees shall be of good form, quality and shall be uniformly spaced throughout the stand. Orient a spot of paint on the tree side facing the nearest cut row.

Trees shall be marked with blue tree-marking paint. The spot shall be a minimum of three inches wide and span across the entire diameter of the tree and be placed at a height of six to eight feet above ground. All trees within six feet of a road or fireline shall be marked, with exception of trees already blazed to identify hiking trails.

Timber sale boundaries shall be marked with tree marking paint or ink of a color determined by the District’s Project Manager. Sale boundaries shall be marked with a blaze of paint along the stand boundary with paint facing the sale area. Blazes shall be six to eight feet above ground and shall be a minimum of 24 inches in length. The work could be located within any of the 22 conservation areas listed in Appendix A.

DISTRICT’S RESPONSIBILITIES

District shall:

• Provide maps for individual sites.

• Select the area to begin work and shall determine the sequence in which the areas shall be marked.

• Make site visits for contract compliance at a minimum of once weekly.

• Assist Contractor in determining loading ramp and skid trail locations for individual sites.

CONTRACTOR’S RESPONSIBILITIES

Contractor shall:

• Provide all equipment and paint necessary to complete the project. Contractor shall supply paint that has been approved by the District’s Project Manager.

• Be responsible for achieving the residual target basal area.

Timber Cruise Specifications

Contractor shall provide a volume estimation of timber for harvest. The estimation shall be +/-10% of mean at the 95% confidence limit or better unless otherwise agreed upon by the District’s Project Manager.

Plot locations shall be identified by a streamer of flagging hung at eye level to the nearest tree or bush to plot center. This flagging shall contain the cruiser’s initials and the plot number. In addition, the plot center hole shall be identified with a 24-inch piece of flagging inserted into it.

DISTRICT’S RESPONSIBILITIES

District shall:

• Determine cruise intensity of each site.

• Audit cruise plots at its discretion.

CONTRACTOR’S RESPONSIBILITIES

Contractor shall:

• Provide all equipment necessary to successfully complete timber cruises as specified in Scope of Work and Timber Cruise Specifications.

• Provide a copy of plot data and a stand and stock table upon completion of each site.

Timeframes

Work shall be completed by September 30, 2023.

Budget/Cost Schedule

The District budgeted $44,000 for fiscal year 2023. Contractor shall submit an invoice upon completion of each site, and payments made upon approval of invoices by District’s Project Manager.

Apenndix A:

CONSERVATION

AREA COUNTY

Bayard Clay Clark Bay Volusia Crescent Lake Volusia Dunns Creek Putnam Gourd Island St. Johns Heart Island Volusia Hull Swamp Flagler Julington-Durbin Duval Lake George Putnam Lochloosa Alachua Longleaf Flatwoods Alachua Moses Creek St Johns Murphy Creek Putnam Newnans Lake Alachua Ocklawaha Marion Orange Creek Alachua / Marion Palm Bluff Volusia Pellicer Creek Flagler Rice Creek Putnam Silver Springs Forest Marion Sunnyhill Marion Thomas Creek Duval

EXHIBIT 2 - QUOTE COST SCHEDULE

TIMBER MARKING SERVICES

(Note: This page must be submitted with response.)

DUE NO LATER THAN 3:00 PM, THURSDAY, FEBRUARY 8, 2023 - RESPONSES SHALL BE

SUBMITTED TO THE PROCUREMENT SPECIALIST AS IDENTIFIED ON THE FIRST PAGE OF

THIS REQUEST.

Timber Marking Cost per Acre TOTALS Conservation Area County Acers

Bayard Clay 10,434.71 $ $ Clark Bay Volusia 4,795 $ $ Crescent Lake Volusia 3,528 $ $ Dunns Creek Putnam 3,156 $ $ Gourd Island St. Johns 515 $ $ Heart Island Volusia 14,246 $ $ Hull Swamp Flagler 2,386 $ $ Julington-Durbin Duval 2,031 $ $ Lake George Putnam 11,794 $ $ Lochloosa Alachua 10,338 $ $ Longleaf Flatwoods Alachua 2,856 $ $ Moses Creek St Johns 2,173 $ $ Murphy Creek Putnam 4,755 $ $ Newnans Lake Alachua 5,556 $ $ Ocklawaha Marion 6,400 $ $ Orange Creek Alachua / Marion 3,524 $ $ Palm Bluff Volusia 4,171 $ $ Pellicer Creek Flagler 3,057 $ $ Rice Creek Putnam 5,061 $ $ Silver Springs Forest Marion 4,900 $ $ Sunnyhill Marion 7,748 $ $ Thomas Creek Duval 5,540 $ $

TOTAL

(This includes all labor, materials, and all other related cost to complete the work)

I HEREBY ACKNOWLEDGE, as Authorized Representative for the Respondent, that I have fully read and understand all terms and conditions as set forth in this quotation, and upon award of such quotation, shall fully comply with such terms and conditions.

RESPONDENT (FIRM NAME)

ADDRESS

SIGNATURE TYPED NAME & TITLE

TELEPHONE NUMBER EMAIL ADDRESS

EXHIBIT 3- QUALIFICATION FORMS

OUALIFICATLONS - GENERAL

(This form to be included with quote submittal)

As part of the bid, 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:

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

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

QUALIFICATIONS - SIMILAR PROJECT TIMBER MARKING SERVICES

(This form to be included with quote submittal)

Respondent must have completed at least two (2) projects, each greater than 50 acres within the past two

(2) years by the individual, firm, or project manager assigned to the project.

Completed Project 1:

Agency/company:

Current contact person at agency/company:

Telephone: Email:

Address of agency/company:

Name of project:

Description:

Start date: Completion date:

(month/year) (month/year)

Names of personnel assigned to project:

Project manager:

Others:

Completed Project 2:

Agency/company:

Current contact person at agency/company:

Telephone: Email:

Address of agency/company:

Name of project:

Description:

Start date: Completion date:

(month/year) (month/year)

Names of personnel assigned to project:

Project manager:

Others:

EXHIBIT 4 - INSURANCE REQUIREMENTS

Contractor shall acquire and maintain until completion of the Work the insurance coverage listed below, which constitutes primary coverage. Contractor shall not commence the Work until the District receives and approves Certificates of Insurance documenting required coverage. Contractor’s General Liability policy shall include Endorsement CG 20 10 04 13, or equivalent, naming the St. Johns River Water Management District (the “District”) as Additional Insured. All required policies shall include:

(1) endorsement that waives any right of subrogation (Endorsement 24 04 05 09, or equivalent) against the District for any policy of insurance provided under this requirement or under any state or federal worker’s compensation or employer’s liability act; (2) endorsement to give the District no less than 30 days’ notice in the event of cancellation or material change. Certificates of Insurance must be accompanied by copies of the requested endorsements.

Any deductibles or self-insured retentions above $100,000 must be declared to and approved by the District. Approval will not be unreasonably withheld. Contractor is responsible for any deductible or self-insured retention. Insurance must be placed with insurers having an A.M. Best rating of A-V or greater.

District receipt of insurance certificates providing less than the required coverage does not waive these insurance requirements.

(a) Workers’ Compensation Insurance. Workers’ compensation and employer’s liability coverage, including maritime workers’ compensation, if applicable, in not less than the minimum limits required by Florida law. If Contractor claims an exemption from workers’ compensation coverage, Contractor must provide a copy of the Certificate of Exemption from the Florida Division of Workers’ Compensation for all officers or members of an LLC claiming exemption who will be participating in the Work. In addition, Contractor must provide a completed District “Affidavit (Non-Construction)” for non-construction contracts.

(b) General Liability. Commercial General Liability Insurance on an “Occurrence Basis,” with limits of liability for each occurrence of not less than $1,000,000 for personal injury, bodily injury, and property damage, with an aggregate of $2,000,000. Coverage shall include:

(1) contractual liability, (2) products and completed operations, (3) independent contractors, and (4) property in the care, control, or custody of the Contractor. Extensions shall be added, or exclusions deleted to provide the necessary coverage.

(c) Automobile Liability. $500,000 combined single limit.

SAMPLE AGREEMENT

DRAFT AGREEMENT BETWEEN THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

AND ___________FOR

TIMBER MARKING SERVICES

THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the “District”), whose address is 4049 Reid Street, Palatka, Florida 32177-2571, and (“Contractor”), whose address is . All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns.

In consideration of the payments hereinafter specified, Contractor agrees to furnish and deliver all materials and perform all labor required for Contract 38384, Timber Marking Services (the “Work”).

Contractor shall complete the Work in conformity with this Agreement, which includes the Statement of Work and any Special Conditions or other attachments. If any provision in the body of this Agreement conflicts with any attachment hereto, the body of this Agreement shall prevail. The parties hereby agree to the following terms and conditions.

1. TERM

(a) The term of this Agreement shall be from the Effective Date to the Completion Date. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof.

(b) Effective Date. The Effective Date is the date upon which the last party to this Agreement has dated and executed the same.

(c) Completion Date. The Completion Date of this Agreement is September 30, 2023, unless extended by mutual written agreement of the parties. The Work shall be completed for use no later than said date.

(d) This Agreement may be renewed for two additional 12-month terms by the mutual and written consent of each party.

2. DELIVERABLES

(a) The Work is specified in the Statement of Work; Attachment A. Contractor shall deliver all products and deliverables as stated therein. Contractor is responsible for the professional quality, technical accuracy, and timely completion of the Work. Both workmanship and materials shall be of good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials provided. Unless otherwise specifically provided for herein, Contractor shall provide and pay for all materials, labor, and other facilities and equipment necessary for performance of the Work. The District’s Project Manager shall make a final acceptance inspection of the deliverables when completed and finished in all respects.

(b) If not otherwise addressed in the Statement of Work, upon written request, Contractor shall submit written progress reports to the District’s Project Manager at the frequency requested in the form approved by the Project Manager at no additional cost to the District. The progress report shall provide an updated progress schedule, taking into account all delays and approved changes in the Work. Failure to provide a progress report will be cause to withhold payment.

3. OWNERSHIP OF DELIVERABLES. The Work is specified in the Statement of Work, Attachment A.

Contractor shall deliver all products and deliverables as stated therein. Contractor is responsible for the professional quality, technical accuracy, and timely completion of the Work. Both workmanship and materials shall be of good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials provided. Unless otherwise specifically provided for herein, Contractor shall provide and pay for all materials, labor, and other facilities and equipment necessary for performance of the Work. The District’s Project Manager shall make a final acceptance inspection of the deliverables when completed and finished in all respects.

4. FUNDING OF AGREEMENT

(a) For satisfactory performance of the Work, the District agrees to pay Contractor a not to exceed amount of $_44,000__ (the “Total Compensation”).

5. PAYMENT OF INVOICES

(a) Contractor shall submit 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.

(b) 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 competed 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.

(c) 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 for work completed 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.

(d) 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 project completion (as per the cost schedule and other requirements of the Statement of Work. Invoices that do not correspond with this paragraph shall be returned without action, stating the basis for rejection. Payments 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.

(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall 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 shall be paid pursuant to District Administrative Directive 391.

(f) Payments. Absent exceptional circumstances, Contractor is required to sign up and receive payment(s) electronically from the District via Automated Clearing House (ACH) payment.

(g) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective Work not remedied; (2) failure of Contractor to make payments when due to subcontractors or suppliers for materials or labor; (3) failure to maintain adequate progress in the Work; (4) damage to another contractor; or (5) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied.

(h) Payments. The District shall pay Contractor 100% of each approved invoice.

6. PAYMENT AND RELEASE. Upon satisfactory completion of the Work, the District will provide Contractor a written statement accepting all deliverables. Contractor’s acceptance of final payment shall constitute a release in full of all Contractor claims against the District arising from the performance of this Agreement, with the exception of any pending claims for additional compensation that have been documented and filed as required by this Agreement.

7. INDEMNIFICATION. 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.

8. INSURANCE. Contractor shall acquire and maintain all insurance required by Attachment B, Insurance Requirements, and shall not commence Work until it has provided Certificates of Insurance to the District as per Attachment B. Receipt of Certificates of Insurance indicating less coverage than required does not constitute a waiver of the Insurance Requirements. Contractor waives its right of recovery against the District to the extent permitted by its insurance policies. Contractor’s insurance shall be considered primary, and District insurance shall be considered excess, as may be applicable to Contractor’s obligation to provide insurance.

9. FUNDING CONTINGENCY. This Agreement is at all times 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. PROJECT MANAGEMENT PERSONNEL

(a) 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; (4) email or, (5) fax. 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 or fax are deemed delivered on the date transmitted and received.

DISTRICT CONTRACTOR

Paul Hudson, Project Manager Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2571 Phone: 386-329-4464 Phone:

Email: phudson@sjrwmd.com Email:

(b) 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.

(c) Contractor shall provide efficient supervision of the Work, using its best skill and attention.

Contractor shall keep, on the worksite during its progress, a competent superintendent that is satisfactory to the District. The superintendent shall not be changed except with the District’s consent, unless the superintendent proves to be unsatisfactory to Contractor and/or ceases to be in its employ. The superintendent shall represent Contractor in the absence of Contractor’s Project Manager. All directions given to him shall be as binding as if given to Contractor. If the District produces documented evidence and informs the Contractor that any person on the job is incompetent, disorderly, or is working contrary to the Agreement or the District’s instructions, that person shall thereupon be immediately dismissed from the project and shall not be given employment on any work connected with this Agreement. The District may request Contractor replace its Project Manager if said manager fails to carry the Work forward in a competent manner, follow instructions or specifications, or for other reasonable cause.

(d) Contractor shall maintain an adequate and competent professional staff. Contractor’s employees, subcontractors, or agents shall be properly trained to meet or exceed any specified licensing, training and/or certification applicable to their profession. Upon request, Contractor shall furnish proof thereof.

11. SCHEDULING AND WORK PLANNING; PROGRESS REPORTING

(a) Progress Reports. Contractor shall provide to the District update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Work and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by District’s Project Manager and Contractor, and may include emails, memos, and letters.

1. Progress Meetings. The District may conduct progress meetings with Contractor on a frequency to be determined by the District. In such event, Contractor shall make available its Project Manager and other appropriate personnel to discuss matters pertinent to the Work.

mailto:phudson@sjrwmd.com

2. Failure to Meet Schedule. If progress of the Work falls five percent or more behind schedule, except as a result of District-approved delays, Contractor shall take all necessary steps to augment the work effort to get the project back on schedule. Should the progress of the Work fall ten percent or more behind schedule, the District may advise Contractor through a “cure” notice that this Agreement is subject to termination for cause if the failure is not cured within the time frame specified in said notice.

12. AMENDMENTS; EMERGENCY CHANGES IN WORK

(a) 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 (Attachment C) 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.

(b) Emergency Changes in Work. In the event an emergency endangering life or property requires immediate action, the District may give Contractor an oral instruction to proceed with an emergency change in the Work, which will be confirmed in writing within five days. Within 15 days after commencement of the emergency change in the Work, Contractor shall provide the District with a written estimate of any increased costs or delays as a result thereof. Failure to so notify the District constitutes a waiver of any right to an extension of time or increase in compensation. Within 15 days after receipt of Contractor’s estimate, the parties shall negotiate a Change Order. If unable to reach agreement, disputed issues shall be resolved pursuant to the dispute resolution procedure. In no event shall Contractor decline to perform the emergency change in the Work.

13. TERMINATION. The District may terminate this Agreement without cause upon ten days’ written notice. In such event, Contractor shall be compensated for all Work performed in accordance with this Agreement to the effective date of termination. Alternatively, in the event of any material breach hereof, the District may terminate this Agreement for cause on ten days’ written notice and opportunity to cure.

Upon termination with or without cause, the District may take possession of and finish the Work by whatever means it deems expedient. Contractor may terminate this contract only if the District fails to pay sums when due. In such event, Contractor shall provide the District no less than ten days’ prior written notice of its intention to terminate and afford the District an opportunity to cure the grounds for termination within said period.

ADDITIONAL PROVISIONS

(In Alphabetical Order)

BUSINESS DAY: Monday through Friday, excepting those holidays observed by the District – New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving (and Friday), and Christmas Day.

CHANGE ORDER: A written agreement of the parties after the Commencement Date to amend this Agreement so as to modify the Statement of Work or the Total Compensation or provide for an extension of time.

CONTRACTOR: Contractor, its officers, employees, agents, successors, and assigns.

CONTRACTOR’s PROJECT MANAGER: The individual designated by the Contractor to be responsible for overall coordination, oversight, and management of the Work for Contractor.

14. ACCESS. The District will provide sufficient access to accomplish any Work performed on District property. Land access to the work area shall be restricted to the route designated by the District. Access routes shall be used only for the Work. Contractor shall not disturb lands or waters outside the area of activity, except as authorized by the District. Contractor shall keep all gates to District lands or easements closed and locked in accordance with District specifications when not in use, and shall immediately notify the District when a gate has become impaired due to vandalism or other cause.

Contractor shall be responsible for providing lock(s) to District properties, unless otherwise stated in the Statement of Work.

15. AUDIT; ACCESS TO RECORDS. 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.

16. 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, pregnancy, or national origin, age, handicap, or marital status.

17. 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.

18. COORDINATION WITH THE DISTRICT AND OTHER DISTRICT CONTRACTORS

(a) The District may let other contracts in connection with the Work. Wherever work done by the District or another District contractor is contiguous to Contractor’s Work, the respective rights of the various interests shall be established by the District so as to secure completion of the Work.

Contractor shall arrange its Work so as not to interfere with the District or other District contractors and join its Work to that of others in a proper manner, and in accordance with the intent of the Statement of Work. Contractor shall perform its Work in the proper sequence in relation to that of other District contractors, as may be directed by the District. Contractor shall afford other District contractors reasonable opportunity for introduction and storage of their materials and execution of their work, and shall properly conduct and coordinate its Work with theirs. Contractor shall take into account all contingent work to be done by others and shall not plead its want of knowledge of such contingent work as a basis for delay or non-performance. Contractor shall be liable for any damage it causes to the work performed by other District contractors.

(b) If any part of the Work depends for proper execution or results upon the work of other District contractors, Contractor shall inspect and promptly report any defects in the other contractors’ work that render it unsuitable for Contractor’s Work.