IFB_Y25-188_Scope_of_Services,_Rev1.pdf

IFB #Y25-188

SCOPE OF SERVICES

Rev1

A. INTRODUCTION/BACKGROUND

The Contractor shall conduct timber harvest activities at Eagles Roost. Eagles Roost is currently closed to the public although it may be open to the public when timbering occurs. The project area can be closed while active timbering occurs. The work shall further the overall health and vitality of the ecosystems on the property for wildlife and vegetative communities. These activities will assist with increasing the economic, environmental, and social benefits of these lands, and meeting ecological goals and objectives planned by the Division.

Eagles Roost is located at 10525 Clapp Simms Duda Rd, Orlando, FL 32832 (please refer to Attachment A). There are approximately 70 acres of slash pine that were planted in 2012 (please refer to Attachment B). A timber survey conducted in 2021 by Natural Resource Planning Service, Inc. (NRPS) revealed stocking variations from approximately 600 plus trees per acre in some areas to as few as 80 to 100 trees per acre in other areas. The southern portion of the pines have the lowest densities. The trees were approximately 30 to 35 feet in height with a diameter range of four to seven inches.

Fire lines and access roads exist on all sides of the northern pines as well as on the north and east side of the southern pines.

B. DIVISION PROJECT MANAGER

All work under this contract will be under the supervision of the Manager of the Orange County Environmental Protection Division (or any member of his/her staff he/she so designates referred to as the Division Project Manager), 3165 McCrory Place, Orlando, Florida, 32803, Phone 407-836-1400.

The Division Project Manager is:

Andrew Bray Team Leader, Green PLACE Program Orange County Environmental Protection Division 3165 McCrory Place Suite 200 Orlando, FL 32803

C. RESPONSIBILITIES OF THE CONTRACTOR

1. The Contractor shall coordinate with the County’s Division Project Manager or Natural Resource Planning Services, Inc. (NRPS), who will perform inspections for the County and verify that the work has been completed in accordance with specifications as scheduled and handle problems that may arise.

2. The Division Project Manager will be entitled at all times to be advised, at his/her request, as to the status and details of work being completed by the Contractor. The Contractor shall always maintain coordination with the Division Project Manager. Either party shall be granted a conference within five

(5) calendar days.

3. When necessary, the Contractor shall designate a competent Contractor’s Representative who shall not be replaced without written or verbal notice to the Division Project Manager at least twenty-four

(24) hours before the change. The Contractor’s Representative shall be present at job sites and shall have the authority to act on behalf of the Contractor. All communications (both verbal and written) given to the Contractor’s Representative shall be as binding as if given to the Contractor. All representatives must speak English fluently.

4. Within ten (10) calendar days from Notice of Award, the Contractor shall submit to the County a list of personnel, by name and title, contemplated to do the work. This list shall include the name, phone number and email for the Contractor’s Representative.

5. The Division reserves the right to inspect, at any time, the Contractor’s (or their sub-contractor’s) procedures or equipment. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities nor shall it transfer any liability to the Division.

6. The Division reserves the right to require the Contractor to replace any onsite personnel or equipment used in the performance of this contract. If any personnel or equipment are violating, or have violated, any state or federal laws; or are unsafe; the Contractor shall immediately, upon written or verbal notice from the Division, provide satisfactory replacements at no additional cost.

7. The Contractor shall be responsible for any lost or damaged materials and equipment staged or used on site.

8. The Contractor shall be responsible for damage to existing property fencing or to adjacent properties.

Any damaged or lost materials or any damage to existing fencing shall be repaired or replaced at no additional cost to the County.

9. The Contractor shall keep gates closed and locked at all times, including while working on site and upon leaving the project site.

10. The Contractor shall level and grade soil disturbance within County property during equipment loading and unloading or by vehicles that become immobilized due to wet/mucky soils. Soil rutting shall be avoided to the greatest extent possible, but if it does occur, the Contractor shall level and grade these disturbances at no additional cost to the County.

11. The Contractor shall be responsible for identifying and locating all utilities within the project boundaries and access routes. Utilities damaged by the Contractor shall be the responsibility of the Contractor at no additional cost to the County.

12. The Contractor shall avoid disturbance to wetlands, cultural or historical sites, and protected species.

13. All equipment shall be cleaned prior to entering County lands and prior to commencement of work and shall be free of potential exotic species to avoid transference to the project site. Division staff reserves the right to inspect the equipment prior to commencement of the project and during project activities.

14. Any trash brought onto County property shall be removed at the completion of daily activities. All spills of oil, fuel, or grease from machinery or during refueling and maintenance of equipment shall immediately be contained and cleaned up by the Contractor at no additional cost to the County.

15. All staging and storage areas must be agreed to and must be acceptable to the Division Project

Manager. Areas used for staging or storage areas will be restored to their original or better condition at the end of the project at no additional cost to the County.

D. TECHNICAL PROVISIONS

1. NRPS is hereby designated as Owner’s Forester and is designated as Owner’s Representative for purposes of enforcement of the provisions of this Contract regarding harvest operations and settlement. Any reference to the Owner refers to the County. The Contractor shall recognize NRPS as Owner’s Forester and shall cooperate fully with NRPS in complying with the scope of services under this contract.

2. The Contractor shall report the commencement, interruption, recommencement, or completion of harvesting operations by telephone to the Owner’s Forester at least twenty-four (24) hours prior to such.

3. Owner’s Forester shall supervise the timber harvest. Supervision of the timber harvest will ensure of the following:

a. Only specified timber is removed;

b. Excessive damage is not inflicted on residual trees, snags, or remaining vegetation in areas delineated by the Division to be retained or protected;

c. Timber harvesting is not conducted when the ground is excessively wet;

d. Skidding trails do not create excessive ruts;

e. Size and amount of logging ramps is minimized, and ramps are placed in non-sensitive areas;

f. Ensure all haul roads in and out of the property are maintained to ensure they are passable by the public;

g. Ensure all roads, trails, and fire lines are restored and passable by vehicles following the timber harvest;

h. Ensure equipment does not traverse wetland areas;

i. Ensure all payments are made for all timber removed;

j. Ensure best management practices are followed for timber harvest;

k. All other provisions of the contract are followed.

4. All timber shall be measured in tons (one ton equals 2,000 pounds).

5. The Contractor shall harvest all trees conveyed in this Contract and which meet the following specifications:

a. Pine Mulchwood: All merchantable pine trees with a minimum length of 16 feet to a 3-inch top diameter inside bark (DIB) which are not suitable for any other product.

b. Pine Shavings: Any merchantable pine tree of suitable quality with minimum measurements of a

9-inch diameter at breast height (DBH).

6. The Contractor shall grind and haul away any non-marketable timber from the site.

7. Owner’s Forester shall provide the Contractor with load tickets which shall be used by the Contractor, according to the instructions contained herein, to provide security for the timber harvested under the terms of this Contract. Load tickets will be sequentially numbered and consist of four parts. The Contractor shall use load tickets for every load of timber harvested under this Contract following the instructions set forth below for each part of the load ticket:

a. Scale ticket copy: The Contractor shall complete requested information on SCALE TICKET COPY and attach to scale ticket at the mill when the timber is weighed. This part shall be returned to Owner’s Forester, attached to the scale ticket, along with weekly summary and payment for timber.

b. Load copy: The Contractor shall attach LOAD COPY to loaded timber before the timber is removed from Owner’s property. This part shall be attached to timber on the driver's side near the front of the trailer in such a manner as to be readily visible for inspection.

c. Owner’s copy: the Contractor shall complete requested information on OWNER'S COPY and deposit it in a lock box, mailbox, or other receptacle which shall be designated and provided by Owner’s Forester.

d. Purchaser’s copy: the Contractor shall keep PURCHASER'S COPY for his own records.

If the Contractor fails to produce a scale ticket, load ticket, and correct payment corresponding to each and every load ticket deposited in lock box, and if the Contractor cannot otherwise remedy such discrepancies to the satisfaction of Owner’s Forester within ten (10) working days from the notification of such discrepancy by Owner’s Forester to the Contractor, the Contractor shall pay to the Owner liquidated damages in the sum of $1,000.00 or the estimated value of the load, as determined by Owner’s Forester, for each missing ticket. The Contractor shall return to Owner’s Forester all unused load tickets at the completion of the sale.

8. The Owner is aware that, due to the age, size, and quality of the planted pine that many trees may not be considered as merchantable for forest products. The Owner desires to leave approximately 40 trees per acre. These trees shall be marked with blue tree marking paint. Any unmarked tree designated for harvesting, but not considered merchantable by the Contractor shall be cut and hauled offsite to a landfill or other facility which can receive such material. Owner’s Forester shall monitor these loads to ensure that merchantable timber is not being hauled offsite.

9. The Contractor shall cut, remove from the land described herein and pay for all merchantable pine trees suitable for harvest as provided in this Contract. Pine timber is to be thinned to approximately forty (40) trees per acre. Owner’s Forester shall mark approximately 10 acres of the planted pine to serve as a template for the remainder of the stand.

10. The Contractor shall keep records of all timber cut and removed under this contract and the Owner shall have the right, during reasonable office hours, to examine the Contractor’s records pertaining to the volume of timber cut and removed.

11. In the event of intentional or repeated cutting of trees designated not to be cut, the Owner will proceed to issuance of non-performance notices, leading up to possible termination the Contract and the Contractor’s right to cut any further trees hereunder. In such an event, the Contractor shall promptly remove the timber previously cut from the land. The boundaries of the timber harvest area consist of the 70+/- acres of planted slash pine as outlined on the accompanying map of the sale area.

12. Title of the timber shall pass from the Owner to the Contractor when, and only when, the tree has been severed from the stump. In the event any tree is damaged by fire, insect infestation, disease, windstorm or any other casualty before it has been severed from the stump, the loss shall fall upon the Owner.

13. Owner’s Forester warrants that it has obtained any and all necessary tree removal permits and other authorizations from any governmental agency having jurisdiction in the removal of the trees conveyed in this Contract. OWNER also warrants that it has no knowledge of the presence of threatened, endangered, and protected species on the area on which the timber is located or over which the Contractor must transport the timber, or Owner warrants that it has indicated to the Contractor the presence and location of said species (e.g. gopher tortoises) to the best of the knowledge of the OWNER. OWNER does not warrant that such threatened, endangered, or protected species are not present, and the Contractor is advised that nothing in this Contract relieves the Contractor of its responsibility to act within the law should the presence of such threatened, endangered, or protected species become known to the Contractor or to any other party who advises the Contractor of the presence of such species.

14. The Contractor agrees that it shall conduct timber harvesting and hauling operations in accordance with

Best Management Practices as prescribed by the State of Florida. A manual containing the Best Management Practices, according to the Florida Forest Service, can be found through the following link:

https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf. The Contractor agrees that should the unanticipated crossing of streams, creeks, drains, or other environmentally sensitive areas be required for harvest and hauling, then the Contractor shall notify Owner’s Forester who may approve or deny such operations. In any event, should such unanticipated actions of the Contractor require additional permits from any governmental agency, operations requiring such permits may not proceed until the Contractor has provided evidence of such permits to Owner’s Forester. The Contractor shall obtain all such permits at their own expense.

15. The County hereby grants unto the Contractor, the right to enter upon said land at any and all times during the term hereof, with tools, wagons, carts, trucks, men and equipment and all other conveyances that may be necessary or convenient for the preservation, care, cutting and removal of said trees and timber, together with the right to operate roads and roadways upon, over and across said land, and all other necessary rights of ingress and egress. The Contractor while not in default shall have, and is hereby granted, the right at any time during the term hereof, and for thirty (30) days thereafter, to remove any and all machinery, equipment and other property of the Contractor, whether or not so fixed on the land as to be regarded in law as part of the land.

16. In cutting and removing said trees, the Contractor shall follow good and accepted harvesting practices.

Without limiting the generality of the foregoing, the Contractor shall keep all drainage ditches, firelines, well defined roads and bridges free of tops and limbs and maintain the same in as good condition as prior to the timber harvest. The Contractor shall promptly repair any damage to the fences, gates, roads and other improvements of the Owner resulting from the Contractor’s operations. The Contractor shall not set any fire on the land and the Contractor, its agents and employees, while engaged in cutting and removing said timber, shall without charge to the Owner, assist Owner in fighting and suppressing any and all fires upon or threatening the land upon which cutting operations are then being conducted. Seedlings and trees not to be cut shall be protected from unnecessary injury.

17. The Contractor hereby accepts roads and trails in their present condition and accepts responsibility and expenses for any improvements in roads necessary to cut, haul, and remove said timber. During the timber harvesting operations, the Contractor shall maintain all roads in a usable condition, suitable for the vehicular traffic to which the road is normally subjected. Upon completion of this Contract, the Contractor shall return all roads and trails to a condition equal to or exceeding the condition of said roads and trails prior to the commencement of timber harvesting operations, normal light wear and tear excepted.

18. The Contractor agrees to cut the trees as close to the ground as possible to leave the lowest possible stumps.

19. All loading ramps shall be located no further than 150 feet from the perimeter of the tract to allow for access to chipping of slash and debris by another party after the conclusion of the timber harvest. Ramps shall be located to allow equipment access for chipping of slash and debris. Logging slash and debris shall be piled at the loading ramps. Any ramps or mounds created to facilitate logging must be knocked down restored to original or better condition at the conclusion of harvest.

20. It is an obligation of the County to pay before delinquent all ad valorem taxes against the land and timber https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf and to pay before delinquent any and all liens against the land and timber. It is the obligation of the Contractor to pay the documentary taxes required for the sale and purchase of timber conveyed by this Contract. The Contractor shall pay the cost of recording a Notice of Timber Sale Contract should the Contractor desire to record. Said Notice of Timber Sale Contract shall not state the price of the timber conveyed.

21. Should the Contractor default in the performance of any obligation on its part to be performed, and should such default continue and be not remedied to the reasonable satisfaction of the County within forty-eight (48) hours after constructive notice of unsatisfactory performance has been given to the Contractor, or in the event of repeated defaults, then the Owner may, at its discretion, suspend the Contractor’s right to cut and remove any timber from the land described herein until such default has been remedied to the reasonable satisfaction of the Owner or Owner’s Forester. Constructive notice may include oral, telephone, or written communication of such non-performance by the Owner or Owner’s Forester. In the event this Contract is terminated, the Contractor shall promptly remove all trees which have been theretofore cut. Owner in no way waives the right to take any action to recover actual damages which exceed the Contractor’s deposits. Payment of all moneys becoming due hereunder by the Contractor is a condition precedent to the performance by the Owner of the covenants and conditions of this Contract to be kept and performed by the Owner.

E. DIVISION RESPONSIBILITIES

1. Provide maps of property as requested by Contractor.

2. Provide gate codes and facilitate access to and from the property.

3. Assist, as needed, in managing the timber harvest.

F. TIMEFRAMES AND DELIVERABLES

The Contractor shall mobilize and initiate harvesting activities within sixty (60) days of receiving the delivery order. All work, including any necessary road repairs or ramp removal, must be completed within sixty (60) days of initiating harvesting activities. The Division may extend these deadlines due to unforeseen circumstances such as weather that would inhibit harvesting.

The Contractor shall report on or before Friday of each week, the number of truckloads of timber removed from the land during the preceding week, together with such other information as the Owner may reasonably request. This shall be reported while cutting operations are being conducted upon the land.

Reports shall be submitted to the Owner’s Forester, Natural Resource Planning Services, Inc., Post Office Box 564, San Antonio, Florida 33576, who is designated as OWNER'S representative to receive such information Checks shall be made out to Orange County Board of County Commissioners and mailed to Natural Resource Planning Services, Inc. who will receive payment on behalf of the Owner. Natural Resource Planning Services, Inc, shall review payment to ensure all loads are accounted for and properly paid in full. Once reconciled, the check and a settlement statement shall be sent to the Owner. Such checks and settlement statements shall be sent as received and reviewed by Natural Resource Planning Services, Inc, by close of business on Friday. Checks shall be submitted to Andrew Bray, Environmental Team Leader, Green PLACE Program.

Final payments for all timber harvested must be submitted to NRPS within fourteen (14) days of the last load of harvested timber leaving the site.