41080_IFB_Thomas Creek Timber Sale.pdf

INVITATION FOR BIDS #41080

TIMBER SALE

THOMAS CREEK CONSERVATION AREA, DUVAL COUNTY

Cooked Hoof Road Timber Sale

The Governing Board of the St. Johns River Water Management District is requesting sealed bids for a per ton timber sale comprised of approximately 118 acres (“Sale Area”) within the Thomas Creek Conservation Area, located in Duval County, Florida. The Sale Area is in Section 27; Township 1 North;

Range 25 East. Sale boundaries include a railroad track on the eastern boundary, bayhead swamps, and a posted property boundary. (Maps are included in the attached agreement.)

This timber sale is clearcut harvest being conducted in a slash pine plantation that was established in 1993. All merchantable timber within the sale area shall be harvested. The District estimates the volume of timber conveyed in this Agreement to be 2,800 tons of pine pulpwood, 2,880 tons of chip-n-saw, 4,790 tons of sawtimber, and 566 tons of hardwood, but there is no guarantee that the volume is present.

PLEASE NOTE:

• Advance Payment of 15% is required (IFB Section 6).

• Security Deposit of $5,000 is required (IFB Section 7).

Bid Due Date: 2 P.M., March 20, 2025

Location St. Johns River Water Management

District Headquarters 4049 Reid Street, Palatka, Florida 32177

Bids will be publicly opened immediately after the Bid Due

Date at the above-named location.

The solicitation for this timber sale is comprised of the following:

• Instructions to Respondents

• Form 1: Bid Schedule

• Form 2: Respondent Qualification Form

• Form 3: Certificate as to Entity’s Authority to do Business in Florida

• Form 4: Affidavit as to Non-Collusion

• Exhibit A - Access Letter

• Exhibit B - Draft Agreement – Thomas Creek Conservation Area

Invitation for Bids 41080 Timber Sale, Thomas Creek Conservation Area

v. 10-03-24

INSTRUCTIONS TO RESPONDENTS:

1. CONTRACT ADMINISTRATION:

All inquiries related to this solicitation should be directed to the procurement specialist named below:

Breanna Pierce, Procurement Specialist Phone: 386-643-1168 E-mail: bpierce@sjrwmd.com

Please note that the United States Postal Service does not deliver regular mail or express mail to the above address. The District’s experience is that Federal Express and United Parcel Service will.

2. WHERE/HOW TO DELIVER BID: Bids may be uploaded directly to www.demandstar.com (“eBidding”) OR to directly at www.centralbidding.com (NOT BOTH) or delivered in a sealed envelope to the address provided in paragraph 1., above. The sealed response envelope must clearly identify the bid number and the advertised bid opening time and date. See additional instructions for each of these two methods below.

ADDITIONAL INSTRUCTIONS FOR SUBMITTING BIDS

Bids must be submitted through one of these two methods (not both)

Instructions for eBidding through DemandStar OR to Central Bidding.

1. Register for a DemandStar account (https://network.demandstar.com). An account is required for eBidding through DemandStar OR to Central Bidding directly at www.centralbidding.com (NOT BOTH). If you have questions or need assistance, please contract Breanna Pierce at bpierce@sjrwmd.com.

2. Download the fillable PDF forms. All blank spaces on bid documents must be completed.

Information in fillable forms may be typed and submitted, or Respondent may print the form and type or complete it by hand, then scan and upload the document.

3. Upload completed documents to DemandStar OR to Central Bidding (forms must be completed and converted/scanned to PDF Adobe format).

Instructions for Sealed Bidding

1. Print forms from the Invitation for Bid and complete documents by typing or handwriting required information in blanks. Do not submit by email.

2. Mail or hand-deliver Bids in a sealed envelope to the address in IFB Section1., above.

Respondents submitting sealed Bids must clearly label the bid envelope with large, bold, and/or colored lettering (place label on inner envelope if double sealed) as follows:

SEALED BID — DO NOT OPEN

Respondent’s Name: _______________________________ Invitation for Bid: 41080 Opening Time: 2:00 P.M.

Opening Date: March 20, 2025 http://www.demandstar.com/ http://www.centralbidding.com/ https://network.demandstar.com/ http://www.centralbidding.com/

3. BID SUBMITTAL AND PREPARATION: Respondents shall submit the following forms with the bid. Respondent must follow all procedures for submission, or the Bid may be determined as “non-responsive” and rejected. Instructions are provided below. The blank forms are included in this solicitation.

(a) Form 1: Bid Schedule

(b) Form 2: Respondent Qualification Form

(c) Form 3: Certificate as to Entity’s Authority to do Business in Florida

(d) Form 4: Affidavit as to Non-Collusion

4. SALE AREA ACCESS AND EXAMINATION: Respondent shall be responsible for carefully examining the general area of the harvest, the attached maps and other contract documents related to the timber purchase and harvest, and any other details of the proposed sale. Respondents are recommended to visit the site using the vehicular access letter (Exhibit A). Unauthorized vehicular traffic is not permitted on District properties; therefore, Respondents shall present the vehicular access letter to any law enforcement officer or District staff upon request.

Respondent shall satisfy itself from its own personal knowledge and experience or professional advice as to the character of the harvest, the conditions to be encountered, the character, quality, and quantities of the harvest, and any other conditions of surrounding land affecting the harvest. Respondent is solely responsible for being fully informed of the conditions under which the harvest is to be performed in relation to existing conditions.

5. LOGGING CREW MINIMUM QUALIFICATIONS: The Logging Crew Supervisor must possess a current certification from a logger-training program approved by a Sustainable Forestry Initiative (SFI) Implementation Committee. Approved programs include, but are not limited to, Georgia’s “Master Timber Harvester,” Florida’s “Master Logger” and Alabama’s “Professional Logging Manager” (refer to 4.10 of the Agreement).

Irrespective of the minimum qualifications stated above, the District may make such investigations as it deems necessary to determine the ability of the successful Respondent’s logging crew to perform the harvest.

The District reserves the right to reject any bid if the (1) Respondent has failed to comply with the harvest specifications of a prior District timber sale and harvest or any other material obligation of the agreement, or (2) the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement in a manner acceptable to the District within the time period specified.

6. ADVANCE PAYMENT. An advance payment in the amount of fifteen percent (15%) of the estimated timber sale value is required from the successful Respondent before execution of the Agreement. The advance payment must be in the form of a company check, certified check, or bank check. The advance payment is non-refundable, but will be credited, without interest, as set out in the agreement document. The advance payment shall be credited to the initial weekly payments once harvesting commences. Once the entire advance payment has been credited the successful Respondent shall resume with weekly payments for the remaining timber harvested.

7. SECURITY DEPOSIT OF $5,000: A Security Deposit of $5,000 is required from the successful Respondent before execution of an Agreement. The Security Deposit must be in the form of a company check, certified check, or bank check.

8. REJECTION OF BIDS: Bids must be delivered to the specified location and received before the Bid opening in order to be considered. Untimely Bids will be returned to the Respondent unopened.

Bids will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate Bids, or other material irregularities. The District may consider incomplete any Bid 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 bid.

The District Reserves the right to reject any and all bids when it determines, in its sole judgement and discretion that it is not in its best interest to award the Agreement.

9. AWARDING THE AGREEMENT: Award shall be made to the Respondent with the highest responsive and responsible Bid for the Total Amount of the timber sale. Commencement of the harvest shall not begin until the District has approved of all the qualifications. The District reserves the right to cancel the Agreement should the Respondent fail to timely provide qualifications documentation that meets the minimum qualifications.

10. EXECUTION OF AGREEMENT: Upon satisfactorily determining the successful Respondent, a contract substantially in the form of that attached will be provided to the successful Respondent. Within ten days of the date of receipt, Respondent shall execute and return the contract to the District, along with the following:

(a) The Security Deposit in the amount of $5,000 as described in IFB Section 7;

(b) A completed Internal Revenue Service Form W-9;

(c) Satisfactory evidence of all required insurance coverage; proof satisfactory to the District of the authority of the person or persons executing the Agreement on behalf of Respondent;

(d) All other information and documentation required by the contract documents; and

(e) Advanced payment, as described in IFB Section 6.

The District will not execute the Agreement until the above documents have been executed and delivered to the District. The Agreement shall not be binding until executed by the District. If the successful Respondent desires a duplicate original, it shall provide the District with two (2) signed original signature pages. Otherwise, the District will return a copy of the fully executed Agreement. The District reserves the right to cancel the award thereof without liability at any time before the Agreement has been fully executed by all parties and delivered to the successful Respondent.

11. DISQUALIFICATION OF RESPONDENTS

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

(a) Contacting a District employee or officer other than the procurement employee named in this solicitation about any aspect of this solicitation before the notice of intended decision is posted.

(b) Submission of more than one Bid 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 Bid;

(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.

12. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

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

13. PROTEST PROCEDURES

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

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 written Notice of Protest within 72 hours after posting of the decision or intended decision.

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. 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.

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.

The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Fla. Admin. Code), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

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.

14. INELIGIBILITY OF RESPONDENT

In accordance with §287.133, §287.134, and §287.135, Fla. Stat., a person or affiliate who has been

(a) placed on the Scrutinized Companies (§287.135, Fla. Stat.), Discriminatory (§287.134, Fla. Stat.), or Convicted (§287.133, Fla. Stat.) lists, (b) engaged in a Boycott of Israel (sec. 287.135, Fla. Stat.), or (c) engaged in business operations in Cuba or Syria (§287.135, Fla. Stat.) has limitations on its eligibility to participate in the solicitation process with a public entity, including, but not limited to, being ineligible to submit a bid, proposal, or reply on a contract to provide any goods or services, or for the construction or repair of a public building or public work, or for leases of real property to a public entity. Further, said person or affiliate may not be awarded or perform work as a consultant, contractor, supplier, or subconsultant under a contract with any public entity; and may not transact business with any public entity for a period of time as set forth in the respective statutes.

15. WITHDRAWAL OF BIDS

Respondent may withdraw its Bid if it submits such a written request to the District prior to the designated date and hour of opening of Bids. Respondent may be permitted to withdraw its Bid no later than 72 hours after the Bid opening for good cause, as determined by the District in its sole judgment and discretion.

FORM 1: BID SCHEDULE

Due no later than 2 PM, March 20, 2025

Bids shall be submitted in accordance with the Instructions to Respondents.

Although the method of award shall be based on the highest total Bid amount for the Sale Area, actual payment to the District shall be for each product’s volume harvested at the price per ton bid. Products listed below are defined as follows:

Pine Pulpwood: Min. DBH 4.5 inches, Top Dia. 3 inches, Min. length 16 feet

Chip-n-saw: Min. DBH 8.0 inches, Top Dia. 5 inches, Min. length 29 feet

Sawtimber: Min. DBH 12.0 inches, Top Dia. 8 inches, Min. length 25 feet

Hardwood Pulpwood: Min. DBH 5.6 inches, Top Dia. 4 inches, Min. length 16 feet

The District has estimated the number of tons available for the harvest. The District makes no guarantee as to the actual amount of product (plus or minus) that will be harvested.

Respondent’s Name: _____________________________________________________________

Product Estimated Tons Price Per Ton Total (Tons X Price)

Pine pulpwood 2,800 $ $

Chip-n-saw 2,880 $ $

Sawtimber 4,790 $ $

Hardwood Pulpwood 566

TOTAL BID AMOUNT $

Total Bid Amount in Words:

Bid Schedule page 2 of 2

RESPONDENT:

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.

By signing below, Respondent certifies that this bid is made without connection with any other person, company, or parties making a bid; and that this bid is in all respects fair and in good faith without collusion or fraud.

Respondent also certifies that no officer, employee, or agent of the District has any interest, either directly or indirectly, in the business of Respondent to be conducted under the Agreement, and that no such person shall have any such interest at any time during the term of the Agreement, should it be awarded to Respondent.

Respondent further certifies that it has examined the Agreement, the specifications for the timber sale and harvest, and any other relevant Agreement document, including all of the addenda furnished prior to the bid opening, as listed and initialed below.

Respondent agrees that if its bid is accepted, Respondent shall contract with the District in the form of the attached Agreement, and shall furnish everything necessary to complete the timber sale and harvest in accordance with the time for completion specified in the Agreement, and shall furnish the required evidence of the specified insurance.

Acknowledgment is hereby made of the following addenda (identified by number) received:

Use only if addenda to the original solicitation were issued.

Addendum Number Date

Respondent (firm name)

Address

E-mail address

Signature Telephone number

Typed or printed name and title

FORM 2: RESPONDENT QUALIFICATION FORM

Submitted with Bid.

Invitation for Bids Number 41080

Respondent shall complete the following so the District can determine the Respondent’s ability, experience, and facilities for performing the proposed timber sale and harvest.

Name of Respondent:

Year company was organized/formed:

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

If the answer to the previous question is less than three years, please list any other firm or trade name Respondent has done business with for the past three years.

Total number of years Respondent has experience in similar work:

FORM 3: CERTIFICATE AS TO ENTITY’S AUTHORITY

TO DO BUSINESS IN FLORIDA

Submit with Bid.

The below entity is incorporated/organized/formed under the laws of the State of ____________________;

is authorized by law to respond to this Invitation for Bids 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:

Federal Employer Identification Number: _________________________________________________ Address: ___________________________________________________________________________ Registration No.:

Registered Agent:

By:

(Official title) (Affix corporate seal if adopted)

Attest:

(Secretary)

The full names and business or residence addresses of persons or firms interested in the foregoing bid 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 timber sale and harvest, 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.

FORM 4: AFFIDAVIT AS TO NON-COLLUSION

Submit with Bid.

STATE OF

COUNTY OF

I, the undersigned, , being first duly sworn, depose and say that:

1. I am the owner or duly authorized officer, representative, or agent of:

(print name of Respondent and address) the Respondent that has submitted the attached bid or proposal.

2. The attached bid or proposal is genuine. It is not a collusive or sham bid or proposal.

3. I am fully informed respecting the preparation and contents of, and knowledgeable of all pertinent circumstances respecting the attached bid or proposal.

4. Neither Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham bid or proposal in connection with the Agreement for which the attached bid or proposal has been submitted, or to refrain from quoting in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement, collusion, communication, or conference with any other Respondent, firm, or person to fix the price or prices in the attached bid or proposal of any other Respondent or proposer, or to fix any overhead, profit, or cost element of the bid prices or the bid price of any other Respondent or proposer, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the District or any other person interested in the proposed Agreement.

5. The price(s) bid in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

6. No official or other officer or employee of the District, whose salary or compensation is payable in whole or in part by the District, is directly or indirectly interested in this bid or proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits therefrom.

Signature:

Title:

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this _____ day of _______________, 202__, by ________________________ as _______________________________(title) of _________________________ (Respondent), the party on behalf of whom instrument was executed.

(SEAL)

(Signature) Notary Public, state of _________________ at Large

EXHIBIT A - ACCESS LETTER

(Begins on Next Page)

February 13, 2025

Timber Sale Respondents

This letter will serve as your authorization for vehicular access to visit the Crooked Hoof Timber Sale at Thomas Creek Conservation Area.

This letter shall remain in effect until March 20, 2025. Your activities shall be limited to the sale area identified on the attached map. You shall carry a copy of this letter and map anytime you are on Thomas Creek Conservation Area and shall make it available to any law enforcement officer or District staff upon request. The gate combination is 2025.

By receiving this letter, you acknowledge and agree to the terms as outlined above.

Sincerely, Paul Hudson, Forester Bureau of Land Management

(386) 937-0491 Cell phudson@sjrwmd.com

EXHIBIT B - DRAFT AGREEMENT

TIMBER SALE AGREEMENT

THOMAS CREEK CONSERVATION AREA, DUVAL COUNTY

Crooked Hoof Road Timber Sale

THIS AGREEMENT is entered into between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose address is 4049 Reid Street, Palatka, FL 32177 (the “District”) and ___________, whose address is ___________ (“Purchaser”) for the sale of timber on District property and is effective as of the date the last party hereto has signed and dated same (“Effective Date”).

The Legislature has declared that the waters of the State of Florida are among its basic resources and that the District is empowered and authorized to acquire and manage property to conserve and protect water and water related resources.

Pursuant to Section 373.1391, Florida Statutes, lands owned or managed by the District may be used for silviculture. Harvesting timber resources is an important means of improving natural community health and reducing potentially hazardous fuel loads. The Governing Board of the District has approved timber sales on District-owned and managed properties as a sustainable, efficient, and appropriate means of conservation and protection of natural ecosystems and water related resources.

The District owns or has the right to sell timber in the Thomas Creek Conservation Area as identified in paragraph 2.2 (“Sale Area”). Purchaser has inspected and desires to purchase and harvest the timber.

In consideration of the premises above, and the terms and conditions below, the parties agree as follows:

1. TERM, SCHEDULE

1.1. Term. The term of this Agreement is from the date upon which the last party has dated and executed the same (Effective Date) for a period of 12 months (the “Completion Date”). Commencement of the harvest is contingent upon Purchaser providing and the District approving all minimum qualification documentation as required in Invitation for Bids #41080. The District grants Purchaser the exclusive right to harvest and purchase the timber through the Completion Date. Time is of the essence for every aspect of this Agreement. Where the District allows additional time for the performance of any action, the new time limit shall also be of the essence.

1.2. Extension of Term. Conditions that may warrant an extension of the term include unforeseeable, poor timber market conditions, tropical storms, hurricanes, or wildfires.

1.3. Pre-Harvest Meeting. Purchaser and the District’s Sale Manager shall meet at least three (3) business days prior to start of work. This meeting shall be scheduled at least two (2) business days in advance and provide each party the opportunity to discuss details of the Agreement.

1.4 Harvest Schedule. No work shall begin until the District’s Sale Manager has reviewed and approved the qualifications documentation. The District shall select the area to begin harvesting and determine the sequence in which the timber shall be harvested. Fifty percent of the acres in the Sale Area (as defined below) must be harvested within nine months of the Effective Date if adequate harvesting conditions are available, as determined by the District in its sole discretion. The District reserves the right to terminate this Agreement if thirty-five days of suitable harvest conditions occur within eight months of the Effective Date and the Purchaser has not mobilized a crew. The District may suspend logging operations temporarily if the District’s Sale Manager determines damage to the site or a road is too severe.

2. SALE, LOCATION, TIMBER INCLUDED

2.1. Sale and Title. The District agrees to sell and permit Purchaser to cut, and Purchaser agrees to purchase, cut, and remove all such cut timber within the Sale Area under the terms of this Agreement.

All rights, title, and interest in the timber conveyed by this Agreement shall remain in the District until severance from the stump. Upon expiration or termination, all rights, title, and interest in non-severed timber on District property remains in the District; all rights, title, and interest in severed timber left on District property reverts to the District and Purchaser retains no rights, title, or interest.

2.2. Sale Area. The Sale Area is comprised of approximately 118 acres within the Thomas Creek Conservation Area, located in Duval County. The Sale Area is located in Section 27; Township 1 North; Range 25 East. Sale boundaries include a railroad track on the east boundary, bayhead swamps, and posted property boundary (see Attachment C for Sale Area map).

2.3. Timber Included. This is a clearcut harvest being conducted in a slash pine plantation that was established in 1993. All merchantable timber within the sale area shall be harvested. The District estimates the volume of timber conveyed in this Agreement to be 2,800 tons of pine pulpwood, 2,880 tons of chip-n-saw, 4,790 tons of sawtimber, and 566 tons of hardwood but there is no guarantee that the volume is present.

2.4. Timber Specifications.

Pine pulpwood: Min. DBH 4.5 inches, Top Dia. 3 inches, Min. length 16 feet

Chip-n-saw: Min. DBH 8.0 inches, Top Dia. 5 inches, Min. length 29 feet

Sawtimber: Min. DBH 12.0 inches, Top Dia. 8 inches, Min. length 25 feet

Hardwood pulpwood: Min. DBH 5.6 inches, Top Diameter 4 inches, Min. length 16 feet

2.5. Eagles’ Nests. Past surveillance has not detected any eagle nests within the harvest area. Should any nest(s) be located, harvesting of impacted areas could possibly be terminated.

2.6. Duty to Inspect. Purchaser is under a duty to inspect and satisfy itself concerning the nature and the location of the harvest and general and local conditions. The failure of Purchaser to acquaint itself with the aforementioned applicable conditions will not relieve it from the responsibility for properly estimating the difficulties, the time required, or the costs of successfully performing the harvest. The District makes no representation or warranty to Purchaser with respect to logging conditions or the quality, quantity, or value of any timber. Except as specifically set forth in this Agreement, The District makes no other warranty, express or implied, including, but not limited to, merchantability or fitness for a specific or particular purpose.

3. PAYMENT

3.1. Reporting of Timber Harvesting. The District shall furnish the Purchaser with Timber Load Tickets and Timber Sale Accountability Forms for tracking harvested timber.

3.1.1. Timber Load Tickets. Timber load tickets are sequentially numbered, three-part tickets for tracking trailer loads of harvested timber. Purchaser shall sign for each allotment of load tickets and shall complete the three-part ticket for each load of timber harvested. Timber Load Tickets shall be completed according to the following instructions:

3.1.1.1. District’s Copy. The District shall provide a lock box on site for deposit of the District’s copy of the load tickets. Purchaser shall complete the requested information on the District’s copy and deposit it in the lock box.

3.1.1.2. Scale Ticket Copy. Purchaser shall attach the scale ticket copy to the scale ticket at the mill when the timber is weighed. Purchaser shall submit this copy to the District’s Sale Manager, attached to the mill scale ticket, along with the weekly summary sheet of all loads and payment for timber.

3.1.1.3. Load Copy. Purchaser shall attach the load copy to the loaded timber before timber is removed from the loading area. The load copy shall be attached to the stump end of a log on the driver’s side, at the front of the trailer, in such a manner as to be readily visible to oncoming traffic. The load copy shall be stapled to the load at the location where it was loaded. If a loaded truck leaves the loading area without a load ticket attached in the manner described above, the Purchaser is subject to a $100 fine. If Purchaser fails to produce a scale ticket, load ticket, and correct payment corresponding to each load ticket deposited in the lock box, Purchaser shall pay to the District the sum of $1,000 or the estimated value of the load, whichever is greater. The District’s Sale Manager determines estimated load values. Purchaser has ten working days from notification of such discrepancy to provide a remedy. The remedy must be to the satisfaction of the District’s Sale Manager. Purchaser shall return to the District’s Sale Manager all unused load tickets at the completion of the sale.

3.1.2. Timber Sale Accountability Log Form. This is a District document that is required to be onsite during the harvest. It is a tabulated form that must be filled out for each load before the load leaves the loading ramp. Each form will show all loads for a specific week and each week a new form must be used. The Timber Sale Accountability Form for each week will accompany the weekly payment and settlement summary.

3.2. Settlement Summary Sheets. Purchaser shall send to the District’s Sale Manager a settlement summary sheet once a week, along with payment. The summary sheet shall detail all loads removed.

The District load ticket number, date the load was hauled, purchasing mill destination, and net load weight (before dockage or cull deductions) shall be listed on the summary for each load. In addition, the scale ticket copy of the load ticket shall be attached to the mill scale ticket or a copy of the mill scale ticket, as described in paragraph 3.1.1.2 above.

3.3. Compensation to the District. Purchaser shall compensate the District for the timber cut and removed, based on net load weight before dockage or cull deductions, as follows:

$______ per ton for pine pulpwood

$______ per ton for chip-n-saw

$______ per ton for sawtimber

$______ per ton for hardwood pulpwood

3.4. Advance Payment. Purchaser shall submit an advance payment to the District in the amount of $________ (The advanced payment is 15% of the estimated timber value on a harvest that may yield approximately 2,800 tons of pine pulpwood and 2,880 tons of chip-n-saw, 4,790 tons of sawtimber, and 566 tons of hardwood, however, the District makes no guarantee that the volume is present. The advance payment is non-refundable, but will be credited, without interest, to the Purchaser as set out herein. It shall be credited to the initial weekly payments once harvesting commences. Once the entire advance payment has been credited, the Purchaser shall resume weekly payments for the remaining timber harvested. If any portion of the advance payment remains uncredited at the time this Agreement is terminated, such amounts will be retained by the District.

3.5. Weekly Payments. Purchaser shall make weekly payments to the District for timber harvested in conjunction with the weekly settlement summaries and load tickets. Payments shall be accompanied by a weekly settlement summary sheet, which includes individual load tickets identifying the number of tons and type of timber harvested per week. Payment shall be based on net load weight before dockage or cull deductions. The “adjusted net weight” (after dockage or cull deductions) shall NOT be the basis for payment calculations. Stumpage is based on the gross weight cut and removed. Therefore, Purchaser shall pay the District for all cull stumpage.

3.5.1. Purchaser shall reference the contract number with each payment and shall send them to:

St. Johns River Water Management District Finance Director, Office of Financial Services 4049 Reid Street, Palatka, FL 32177

3.5.2. Checks shall be made payable to the St. Johns River Water Management District.

3.6. Security Deposit. Before or upon execution of this Agreement, Purchaser shall furnish and deposit with the District security in the form of a company check, certified check, or bank check in the amount of $5,000.00, which shall not be returned to Purchaser until final payment is made to the District, provided the Purchaser has complied with all terms of this Agreement to the satisfaction of the District.

The District shall have the right to use or apply all or any portion of the security deposit to offset any claim or money owed to the District by Purchaser.

4. HARVEST SPECIFICATIONS

4.1. Stump heights shall not exceed six inches.

4.2. Purchaser shall cut only in the Sale Area.

4.3. Residual trees must not be damaged. Logging during wet periods that causes rutting and potential root damage to residual trees is not permitted.

4.4. If a catastrophic event damages the timber, the District’s Sale Manager may instruct the Purchaser to immediately begin salvage operations to remove all merchantable timber.

4.5. The District Sale Manager will determine the location and size of loading ramps.

4.6. Purchaser shall scatter tops, chunks, and woody debris at loading areas back through cut rows.

Purchaser shall not leave large piles of debris on loading ramps. Purchaser must keep the harvest area clear of rubbish.

4.7. Purchaser shall clear all branches, tops, and chunks from ditches, roads, firelines, fences, and streams.

Interior roads and trails are open to the public for hiking, biking, and horseback riding and shall be kept clear of logging debris at all times. Purchaser shall not block roadways and/or trails with set out trailers or parked equipment. Trailers shall NOT be loaded or topped within fifteen feet of any roadway, trail, or ditch without prior permission from the District’s Sale Manager.

4.8. Purchaser shall repair, replace, or restore any damage, injury, or loss to any public or private property resulting from its activities, at its expense, and to the District’s satisfaction. Purchaser shall repair or replace, immediately upon demand, damage to fences, cables and gates that affect access or security.

Should Purchaser fail to perform its obligations hereunder, the District may repair public or private property or compensate the property’s owner for any damage caused by Purchaser. The District shall deduct the cost of such District repair or compensation from Purchaser’s security deposit. The security deposit is not a limitation of Purchaser’s liability. If the security deposit is insufficient to cover the cost of such repair or compensation, the District may exercise other remedies to enforce Purchaser’s obligations and recover its costs.

4.9. Purchaser shall take due care against starting and spreading fires during cutting operations. Purchaser is liable for all damage caused by such fires. Upon completion of each harvest or Purchaser’s absence from a unit for over two weeks, Purchaser must remove all equipment and personal property.

4.10. Purchaser shall comply with all practices as described in the Silviculture Best Management Practices Manual and the Florida Forestry Wildlife Best Management Practices for State Imperiled Species Manual, located on the following Florida Forest Service website: Silviculture Best Management Practices / Forest & Wildfire / Home - Florida Department of Agriculture & Consumer Services (fdacs.gov). The logging Crew-Leader (that person physically on site and supervising the logging crew at all times) shall have a current certification from a logger training program approved by a Sustainable Forestry Initiative (SFI) Implementation Committee. Approved programs include, but are not limited to, Georgia's "Master Timber Harvester," Florida's "Master Logger" and Alabama's "Professional Logging Manager." Purchaser shall provide proof of certification before the pre-harvest meeting.

4.11. Purchaser shall exercise every reasonable precaution and means to avoid the creation or continuance of any public or private nuisances resulting from the harvesting, including, but not limited to, excessive noise associated with radio or other forms of electronic entertainment for persons at the harvest site, dust arising out of all harvest operations, and the uncontrolled flow of surface waters.

4.12. Unless otherwise specifically provided for herein, Purchaser shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the performance of the harvest.

4.13. Failure to Follow Harvest Specifications.

4.13.1. If the District finds any undesignated trees cut, Purchaser shall pay as liquidated damages to the District twice the compensation rate listed in paragraph 3.3 above for those undesignated trees that were cut.

4.13.2. If the District finds any marked boundary line trees cut, Purchaser shall pay $50.00 per tree, regardless of size, in addition to the liquidated damages specified in paragraph 4.13.1.

4.13.3. The District will calculate the any applicable liquidated damages and may withhold such damages from Purchaser’s security deposit or otherwise demand payment.

4.13.4. If, at the expiration of this Agreement, the District finds cut merchantable trees left in the woods, and the failure to remove said trees was not due to circumstances beyond the control of Purchaser, as determined solely by the District, the Purchaser will pay the District for the calculated volume of trees as though the merchantable trees had been removed. The District will calculate the volume of such trees within 30 days after the expiration of this Agreement and Purchaser will pay the District for the calculated volume based on the prices shown in paragraph 3.3. Notification of the calculated volume and the payment amount due shall consist of mailing the notice and invoice to Purchaser's Sale Manager identified below.

4.13.5. In the event uncut trees remain at the expiration of this Agreement, liquidated damages will be assessed equal to the calculated volume, as determined solely by the District, multiplied by either: a) 25% of the prices shown in paragraph 3.3 or b) the difference between the price in paragraph 3.3 and the District’s subsequent reselling price, whichever yields the greatest payment to the District.

4.13.6. If Purchaser fails to follow the harvest specifications or comply with any other material obligation of this Agreement, the District may restrict Purchaser from future timber sales, in addition to any other remedy the District may elect to pursue due to Purchaser’s failure.

https://www.fdacs.gov/Forest-Wildfire/Silviculture-Best-Management-Practices https://www.fdacs.gov/Forest-Wildfire/Silviculture-Best-Management-Practices https://www.fdacs.gov/Forest-Wildfire/Silviculture-Best-Management-Practices

5. HARVEST MANAGEMENT

5.1. Sale Managers. The Sale Managers shall be responsible for overall coordination, oversight, and management of the harvest. The following persons are designated as Sale Managers for their respective party:

DISTRICT PURCHASER

Paul Hudson Recipient’s PM, Project Manager St. Johns River Water Management District Entity 4049 Reid Street Recipient’s Address Palatka, Florida 32177 City, State Zip Phone: (386) 329-4464 Phone: Phone # E-mail: phudson@sjrwmd.com E-mail: Email

5.2. Notices. All notices shall be in writing and shall be hand-delivered, sent via U.S. certified mail, or sent via e-mail to the other party’s Sale Manager at the addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five business days.

5.3. District’s Sale Manager. The District’s Sale Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the harvest. The District’s Sale Manager shall have the authority to approve minor deviations in the harvest that do not affect the Bid Schedule or the Completion Date. The District’s Sale Manager and, as appropriate, other District employees, shall meet with Purchaser when necessary in the District’s judgment to provide decisions regarding performance of the harvest, as well as to review and comment on reports.

5.4. Change in Sale Manager. Either party may change its Sale Manager by providing not less than three harvesting days prior written notice to the other party. The District reserves the right to request Purchaser to replace its Sale Manager if said manager is unable to carry the harvest forward in a competent manner or fails to follow instructions or the specifications, or for other reasonable cause.

5.5. Questions Regarding Harvest. The District intends to assist Purchaser in the successful performance of the harvest and to respond in a timely manner to any questions or issues that arise. Purchaser should initially discuss any questions or issues with the District’s Sale Manager and communicate such questions or issues to the District in writing when required by the terms of this Agreement or as otherwise determined by Purchaser to be in its best interest. Within a reasonable time after their presentation, the District shall respond to any such questions or issues through its Sale Manager.

5.6. On-site Management. Purchaser shall at all times enforce strict discipline and good order among its employees and shall not employ any unfit person or anyone not skilled in the work they are assigned.

Neither Purchaser nor its subcontractors and servants shall allow or cause to be allowed any hunting, or any weapons, animals, alcohol, or illegal drugs, on or from District property or easements, except as authorized by law. Purchaser is responsible for providing employee training for all functions necessary for harvesting; providing equipment and materials necessary to the harvesting; providing all appropriate personal protective equipment; and complying with the Occupational Safety and Health Standards set for the performance of logging operations by the U.S. Department of Labor, Occupational Safety and Health Administration. In performing the harvest, Purchaser shall provide and maintain sufficient protection for the lives and health and safety of its employees and other persons who may utilize any District premises in the sale area. Purchaser shall make certain that only authorized personnel are allowed on the harvest site. Purchaser shall have the sole and exclusive duty for maintenance of the safety of the premises and other matters described above. The District shall be under no duty to inspect the harvest site to ensure compliance with the terms hereof. Any such inspection or action taken by the District to remedy deficiencies in the safety conditions at the harvest site shall not constitute an assumption of any such duty by the District.

5.7. Removal of Personnel. Purchaser shall provide efficient supervision of the harvest, using its best skill and attention. If the District has reason to believe that any person on the job is acting contrary to the Agreement or the District’s instructions and informs the Purchaser of such, then Purchaser shall immediately remove the person from the project and shall not allow them to work on any harvest connected with this Agreement.

6. ACCESS AND USE OF DISTRICT PROPERTY

6.1. Access. For any harvest Purchaser performs on District property or property interests, the District will provide sufficient access to accomplish the harvest. Land access to the harvest area shall be restricted to the route designated by the District. All access routes shall be used for the purpose of the harvest only. Purchaser shall not disturb lands or waters outside the sale area, except as the District finds necessary and so authorizes. The District Sale Manager shall determine haul routes for trucks to enter and leave the property.

6.2. Gates. Purchaser shall keep all gates to District lands or easements closed and locked in accordance with District specifications when not in use and at the end of each working day. Purchaser shall promptly notify the District when a gate has become impaired due to vandalism or other cause.

Purchaser shall repair or replace at Purchaser’s cost any damage to fences, cattle guards, gates, power lines, or other improvements.

6.3. Roads. Purchaser shall maintain or repair roads at its expense to a standard as good as or better than their condition prior to commencement of harvesting, allowing for reasonable wear resulting from normal use. The District shall deduct necessary road repair costs after the harvest is completed from the Purchaser’s security deposit. Log trucks shall travel only at a safe speed on the District’s roads.

Purchaser shall inform drivers and crew that this area is open to and used by the public. The security deposit is not a limitation of Purchaser’s liability. If the security deposit is insufficient to cover the cost of such repair or compensation, the District may exercise other remedies to enforce Purchaser’s obligations and recover its costs.

6.4. Protection of Land and Water Resources. Purchaser shall not discharge or permit the discharge, directly or indirectly, of any fuels, oils, calcium chloride, acids, insecticides, herbicides, wastes, toxic or hazardous substances, or other pollutants or harmful materials onto any lands or into any surface or ground waters, including, but not limited to, streams, lakes, rivers, canals, ditches, or reservoirs.

Purchaser shall investigate and comply with all applicable federal, state, county, and municipal laws concerning toxic wastes, hazardous substances, and pollution of surface and ground waters. If any waste, toxic or hazardous substance, or other material that can cause pollution, as defined in Section 403.031, Fla. Stat., is dumped or spilled in unauthorized areas, Purchaser shall notify the District thereof within twenty-four (24) hours and thereafter shall remove the material and restore the area to its original condition. If necessary, Purchaser shall excavate and dispose of contaminated ground as directed by the District and replaced with suitable fill material, compacted and finished with topsoil, and planted as required to re-establish vegetation.