ITB 22B-001- 2023 Longleaf Pine Tubelings.pdf

NWFWMD ITB 22B-001 – 2023 Longleaf Pine Tubelings Page 1

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

INVITATION TO BID NO. 22B-001

2023 LONGLEAF PINE TUBELINGS

The Northwest Florida Water Management District (District), 81 Water Management Drive, Havana, FL 32333, is soliciting bids for the 2023 LONGLEAF PINE TUBELINGS (Project) for purchasing longleaf pine tubelings from a xeric longleaf pine sandhill upland or acceptable seed source. The bids will be for tubeling purchases and delivery with deliveries anticipated in winter

(January or February) in 2023. Subject to satisfactory performance, availability of funds and mutual agreement of both parties. The District’s estimated quantity of longleaf pine tubelings for January 2023 is approximately 1,000,000 to 1,400,000. Final quantities for January 2023 will be determined on or before June 1, 2022.

The deadline for submission of bids is 2:00 P.M. Eastern Time (ET), May 16, 2022. The opening of the sealed bids can be viewed by clicking on the following link:

https://www.nwfwater.com/Contact-Us/Meetings Provisions will be made to accommodate the handicapped (if requested) provided the District is given at least 72 hours advance notice. All bids must conform to the instructions in the Invitation to Bid (ITB) and comply with applicable Florida Statutes. Interested parties may obtain a copy of the complete ITB package from the District’s website (http://www.nwfwater.com). A copy of the complete ITB package may be obtained from the State of Florida’s Vendor Information Portal website at: MyFloridaMarket Place Vendor Information Portal. A copy of the complete ITB package can also be obtained at the above address or by calling (850) 539-5999.

NWFWMD ITB 22B-001 – 2023 Longleaf Pine Tubelings Page 2

Table of Contents

PAGE

PART 1 GENERAL INFORMATION

1.1 Definitions 4

1.2 Purpose 4

1.3 Issuing Office, Date and Location of Opening 4

1.4 Invitation to Bid 4

1.5 Awarding of Bid 4

1.6 Development Costs 5

1.7 Conflict of Interest 5

1.8 District Forms and Rules 5

1.9 Oral Presentations 5

1.10 Inquiries 5

1.11 Timetable 6

1.12 Delays 6

1.13 Submission and Withdrawal 6

1.14 Addenda 8

1.15 Equal Opportunity 8

1.16 Public Crimes/Discriminatory/Antitrust Violator Vendors 8

1.17 Scrutinized Companies, Boycotting 8

1.18 Inspector General Cooperation 9

1.19 Compliance with Health and Safety Regulations 9

1.20 Insurance 10

1.21 Prohibited Contact 10

1.22 Specification and Award Protest 10

1.23 Publicity 11

1.24 Waiver of Minor Irregularities 11

1.25 Cooperative Purchasing 11

PART 2 SCOPE OF SERVICES 11

PART 3 BID REQUIREMENTS 11

3.1 Rules for the Bids 11

3.2 Bid Bond and Performance Bond 12

3.3 Quality Control 12

3.4 Vendor Registration and W-9 Forms 12

Table of Contents (continued)

PAGE

3.5 Vendor Checklist 12

NWFWMD ITB 22B-001 – 2023 Longleaf Pine Tubelings Page 3

PART 4 EVALUATION OF BIDS 13

PART 5 BID SHEET AND BIDDER ACKNOWLEDGMENT FORM 14

PART 6 DRAFT AGREEMENT 19

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PART 1

GENERAL INFORMATION

1.1 DEFINITIONS

For the purpose of this bid, “respondent or bidder” means contractor, vendors, consultants, organizations, firms, or other persons submitting a response to this Invitation to Bid.

1.2 PURPOSE

The Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333, (hereinafter referred to as the “District”) is issuing this Invitation to Bid (ITB) for the project titled “2023 LONGLEAF PINE TUBELINGS.”

1.3 ISSUING OFFICE, DATE AND LOCATION OF OPENING

Northwest Florida Water Management District (Headquarters)

Attn: Agency Clerk 81 Water Management Drive Havana, Florida 32333-4712

THE DISTRICT MUST RECEIVE ALL BIDS BY 2:00 P.M. EASTERN TIME (ET),

MAY 16, 2022, THE DAY OF THE PUBLIC OPENING.

The opening of the sealed bids will also be livestreamed and can be viewed by clicking on the following link: https://www.nwfwater.com/Contact-Us/Meetings.

1.4 INVITATION TO BID

The District solicits offers for the services of responsible bidders to grow, extract , supply and deliver the District a minimum of 1 million longleaf pine tubelings in 2023.

1.5 AWARDING OF BID

The District anticipates entering into a contract with the bidder who submits a qualified responsive bid judged by the District to be the lowest cost for the specified services. The District reserves the right to award the bid to the next lowest responsive bidder in the event the successful respondent fails to enter into the Agreement, or the Agreement with said respondent is terminated within 90 days of the effective date.

The respondent understands that this bid does not constitute an agreement or a contract with the District. An official contract or agreement is not binding until the bids are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the

District, and the contract or agreement is executed by both parties.

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The District reserves the right to reject any and all bids, to negotiate with the qualified Contractor submitting the lowest responsive bid, to waive any irregularities of a minor nature, and to solicit and re-advertise for other bids. Mistakes clearly evident on the face of the bid documents, such as computation errors, may be corrected by the District. Per section 255.0991, F.S., the District has no regulation that provides Contractor preference as described in that statute.

All bids may be subject to the approval of the Northwest Florida Water Management District Governing Board at a duly noticed Board meeting.

Notice of a bid award shall be posted to the District’s website and the State of Florida’s Vendor Information Portal website.

1.6 DEVELOPMENT COSTS

The District shall not be responsible or liable for any expenses incurred in connection with the preparation of a response to this bid. Respondents should prepare the bid simply and economically, to provide a straightforward and concise description of the respondent's ability to meet the requirements of the bid.

1.7 CONFLICT OF INTEREST

The award hereunder is subject to Chapter 112, Florida Statutes. All bidders shall disclose with their bids the name of any officer, director, board member or agent who is also an employee of the State of Florida, or any of its agencies. Further, all bidders shall disclose the name of any state employee or any board member or employee of the District who owns directly or indirectly an interest of five percent (5%) or more in the bidder’s firm, subsidiaries, or branches.

1.8 DISTRICT FORMS AND RULES

When included, all forms supplied by the Northwest Florida Water Management District shall be submitted with the bids. All bids must comply with applicable Florida Statutes, laws, and rules.

1.9 ORAL PRESENTATIONS

There will not be oral presentations for this solicitation.

1.10 INQUIRIES

All questions regarding this ITB shall be provided in writing and emailed to the Procurement Officer, Benjamin Faure at Benjamin.Faure@nwfwater.com, no later than 12:00 PM. (NOON)

Eastern Time (ET) on May 3, 2022. Inquiries shall reference the date of the ITB opening and ITB title and number.

The District will post addenda and answers to substantive questions on its website and on the State of Florida’s Vendor Information Portal website at least ten (10) calendar days before the bid opening date (see Section 1.16 Addenda). Firms are responsible to check the District’s website or

State of Florida’s Vendor Information Portal website for addenda.

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1.11 TIMETABLE

The District and respondents shall adhere to the following schedule in all actions concerning this bid.

A. On April 26, 2022, the District issues the Invitation to Bid.

B. From the time of issuance on April 26, 2022 until 12:00 PM. (NOON) Eastern Time (ET) on May 3, 2022, the District will receive written inquiries by email on the ITB.

C. If substantive questions are received, District will issue an Addendum at least ten (10) calendar days prior to bid opening.

D. Bid Opening Deadline: The sealed bids will be opened at 2:00 P.M. Eastern Time (ET), May 16, 2022*. Bids received after the bid opening deadline will not be considered.

E. From opening time, the District will review and evaluate the bids on a timely basis.

F. The District may enter into a contract with the qualified Contractor submitting the lowest responsive bid after conducting negotiations and obtaining appropriate approvals.

*Denotes a public meeting.

1.12 DELAYS

The District may delay scheduled due dates if it is to the advantage of the District to do so. The District will notify respondents of all changes in scheduled due dates by posting the information to the District’s website and State of Florida’s Vendor Information Portal website.

1.13 SUBMISSION AND WITHDRAWAL

The respondent must submit the bid in person, by mail, or courier such as UPS to this address:

Northwest Florida Water Management District Attn: Agency Clerk

81 Water Management Drive Havana, FL 32333-4712

Please be advised that mail delivery to the District is not always by 2:00 P.M. Eastern Time.

Bids not submitted to this address do not constitute “delivery” and are not considered “received by” the District as required by this ITB. Submittal of bids other than in person, by mail, or courier such as UPS etc. shall not be accepted.

Respondents shall submit one printed copy and one electronic copy in pdf format on a new flash drive of the bid in a sealed, opaque envelope or box. The face of the envelope or box shall state in capital letters:

“SEALED BID FOR ITB 22B-001 2023 LONGLEAF PINE TUBELINGS TO BE OPENED,

MAY 16, 2022 AT 2:00 P.M. (EASTERN TIME) AT THE HEADQUARTERS OF THE

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT”

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The sealed envelope or box shall also include the respondent’s name and business address. Bids received after the bid opening deadline will not be considered. Bids received by the bid opening deadline but not properly sealed and labeled shall not be considered.

Respondents who utilize courier service packing and shipping materials shall place the bids in a sealed and labeled opaque envelope or box as described above inside the courier-supplied shipping materials. Courier service delivery shall use the same address listed previously in this section.

It is the respondent's responsibility to ensure that his/her bid submission is delivered at the proper time and place of the opening. Bids that are for any reason received after the established deadline will not be considered. If a respondent chooses to hand deliver a sealed bid in person during regular business hours of 8:00 A.M. (ET) to 5:00 P.M. (ET), a receptionist will be available to receive the respondent’s bid.

Telephone confirmation of timely receipt of the bid may be made by calling (850) 539-5999 and asking for the Agency Clerk before the bid opening time. Submittal of bids other than in person, by mail, or courier such as UPS etc. shall not be accepted.

A respondent may withdraw a bid by notifying the District in writing at any time prior to the opening. Respondents may withdraw bids in person or through an authorized representative.

Respondents and authorized representatives must disclose their identity and provide a signed receipt for the bid. Bids, once opened, become the property of the District and will not be returned to the respondents.

All bids must be made on the required Bid Sheet and Bidder Acknowledgement (see PART 5 of this ITB). All blank spaces for bid prices must be filled in, in ink or typewritten, and the form must be fully completed and executed when submitted.

Respondents must satisfy themselves of the accuracy of their response in the Bid Sheet and

Bidder Acknowledgement by examination of the criteria and specifications including addenda.

After bids have been submitted, respondents shall not assert that there was a misunderstanding concerning the number or type of parameters nor the accuracy required of each parameter.

Bids received by the District in response to this ITB will become a public record (unless an exemption to Florida’s Public Records Law applies) when the District provides notice of its intended decision or 30 days after opening the bids, whichever is earlier. If the District rejects all bids and concurrently provides notice of its intent to reissue the ITB, the rejected bids remain exempt from Florida’s Public Records Law until such time as the District provides notice of an intended decision concerning the reissued ITB or until it withdraws the reissued ITB. A bid is not exempt for longer than 12 months after the initial notice rejecting all bids.

Bids will be made available for inspection at the time the District posts notice of its decision or intended decision concerning contract awards or 30 days after the bid opening, whichever is earlier.

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1.14 ADDENDA

If addenda become necessary, the District will provide written addenda and post addenda on the

District’s website and on the State of Florida’s Vendor Information Portal website at least ten (10) calendar days before the bid opening date. Prospective bidders are responsible for determining whether addenda have been issued and are advised to check the websites or with the District’s

Procurement Officer prior to submitting their bid.

Submission of a bid constitutes acknowledgment of receipt of all addenda. Bids will be construed as though all addenda have been received. Failure of the respondent to obtain any addenda does not relieve respondent from any and all obligations under the bid, as submitted. All addenda become part of the Agreement.

1.15 EQUAL OPPORTUNITY

The District recognizes fair and open competition as a basic tenet of public procurement.

Respondents doing business with the District are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age, sex, or disability. It is the policy of the District to ensure that qualified respondents wishing to participate in the procurement process have the maximum opportunity to compete and perform on District contracts and purchases.

The District encourages participation by minority-, veteran-, and women-owned Certified

Business Enterprises and requests that firms submit evidence of such designation with their bids.

For further information on designation as a certified business enterprise, visit www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified .

1.16 PUBLIC CRIMES/DISCRIMINATORY/ANTITRUST VIOLATOR VENDORS

In accordance with sections 287.133, 287.134, and 287.137, Florida Statutes, a person or affiliate who has been placed on the convicted, discriminatory, or antitrust violator vendor lists 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 consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO ($35,000), unless specified otherwise in these statutes. Questions regarding the lists may be directed to the Florida Department of Management Services, State Purchasing Division, at (850) 488-8440 or send email to purchasingcustomerservice@dms.fl.gov.

1.17 SCRUTINIZED COMPANIES, BOYCOTTING

Pursuant to s. 287.135, F.S., a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the District for goods or services of:

(1) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott

Israel List, created pursuant to s. 215.4725, F.S., or is engaged in a boycott of Israel; or

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(2) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

a. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or

b. Is engaged in business operations in Cuba or Syria.

By submitting a response, the respondent certifies that it is not currently on the aforementioned lists or engaged in such business operations and agrees to notify the District if placement on one of these lists occurs or the Contractor engages in such business operations. If the respondent submits a false certification, the District may terminate the Agreement and bring a civil action against the respondent, as provided for in s. 287.135, F.S.

1.18 INSPECTOR GENERAL COOPERATION

Prospective contractor or vendor understands and shall comply with section 20.055(5), Florida Statutes, which states: “It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section.”

1.19 COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS

Prospective contractor or vendor shall comply with all applicable federal, state and local rules and regulations in providing services to the District. This requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations.

1.20 INSURANCE

The prospective vendor, if awarded a contract, shall maintain insurance coverage. In the event a contract is awarded to a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intent ional or not, regarding the bidder’s insurance coverage, policies, or capabilities may be grounds for rejection of the bid and rescission of any ensuing contract. The Contractor shall obtain all coverage as required by Florida law, including Workers Compensation and applicable professional liability insurance. Additionally, the Contractor shall be insured as follows: General Liability, with limits no less than $1,000,000 per occurrence; $1,000,000 per occurrence for personal injury; and $1,000,000 for property damage; Automobile Liability, with combined single limit of not less than

$1,000,000; Workers Compensation and Employers Liability, with limits not less than $1,000,000 for each accident for Bodily Injury by Accident, $1,000,000 policy limit and $1,000,000 each employee for Bodily Injury by Disease.

Evidence of all such insurance satisfactory to the District shall be furnished with the executed Agreement prior to beginning work, and all such insurance policies shall provide for a ten (10) business day notice to the District of cancellation or any material change in the terms of the insurance policies.

1.21 PROHIBITED CONTACT

Respondents to this solicitation or persons acting on their behalf shall not contact, between the release of the solicitation and the end of the 72-hour period following the District posting the notice

NWFWMD ITB 22B-001 – 2023 Longleaf Pine Tubelings Page 10 of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.22 SPECIFICATION AND AWARD PROTEST

Any person who is adversely affected by the District’s award shall file with the District a notice of protest in writing within 72 hours after the posting of the award. With respect to a protest of the terms, conditions, and specifications contained in this ITB, including any provisions governing the methods for ranking bids, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the ITB or the addenda to the ITB that contains the new term, condition or specification that is protested. The formal written protest shall be filed within 10 days after the date the notice of protest is filed with a bond pursuant to Section 287.042(2)(c), Florida Statutes. The Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods. The failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

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1.23 PUBLICITY

The respondent shall obtain prior approval of the District for all news releases or other publicity pertaining to this bid or the service or any project to which it relates.

1.24 WAIVER OF MINOR IRREGULARITIES

The District may waive minor irregularities in bids received where such is merely a matter of form and not substance. Minor irregularities are defined as any deviation from a mandatory requirement of the ITB that, if waived, will not have an adverse effect on the District's interest and will not give a respondent an advantage or benefit not enjoyed by the other respondents. The District is not required to waive a minor irregularity and has the sole discretion to determine whether a minor irregularity should be waived.

1.25 COOPERATIVE PURCHASING

Pursuant to their own governing laws, and subject to the agreement of the Vendor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-District purchases are independent of the agreement between District and Vendor, and the District shall not be a party to any transaction between the Vendor and any other purchaser.

PART 2

SCOPE OF SERVICES

For FY 2022-23, Vendor will grow, extract and deliver to the District 1-0 age longleaf pine tubelings. The scope of work and specifications will be provided in the attached draft agreement, Section 1 – Scope of Services.

PART 3

BID REQUIREMENTS

3.1 RULES FOR THE BIDS

A. All bids must comply with applicable Florida Statutes, laws, and rules.

B. One printed copy and one electronic copy in pdf format on a new flash drive of the bid must be submitted in a properly marked envelope or box in person, by mail, or commercial courier. See PART 1, Section 1.13 Submission and Withdrawal of this ITB for further details. If there are any discrepancies between the two copies of the bid received , the written copy shall take precedence.

C. All bids shall be completed and submitted on the attached Bid Sheet and Bidder

Acknowledgement (PART 5).

D. The District is not subject to Florida sales tax or to any federal excise taxes on all sales made directly to the District, and neither shall be included in the bid price.

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E. Any transportation or other charges incurred in the delivery of products or services as specified must be included in the bid price, as noted on the bid sheet.

F. All costs whether direct or indirect which will be ultimately paid by the District must be included in the price on the Bid Sheet and Bidder Acknowledgement (PART 5). Any indirect, overhead, profit margin or other such costs, however named, must also be included in the bid price.

G. The award hereunder is subject to Chapter 112, Florida Statutes. All bidders shall disclose with their bids the name of any officer, director, board member, or agent who is also an employee of the State of Florida, or any of its agencies. Further, all bidders shall disclose the name of any state employee or any board member or employee of the District who owns directly or indirectly an interest of five percent (5%) or more in the bidder’s firm, subsidiaries, or branches

3.2 BID BOND AND PERFORMANCE BOND

Neither a bid bond or performance bond will be required from the Vendor (see 3.3- QUALITY

CONTROL).

3.3 QUALITY CONTROL

All longleaf pine tubelings will be inspected and approved by District staff at time of delivery.

Any longleaf pine tubelings deemed unsatisfactory by the District’s project manager and/or his representative for planting will be returned to the Vendor at no cost to the District. The Vendor will be required to replace all unsatisfactory longleaf pine tubelings at no cost to the District within the planting timeframe specified for the particular year. Payment for unsatisfactory longleaf pine tubelings will be withheld by the District until replaced with satisfactory longleaf pine tubelings.

3.4 VENDOR REGISTRATION AND W-9 FORMS

The selected Vendor will be required to complete a Vendor Registration Form and W-9 Form once the awarded Vendor is notified by the District Project Manager.

3.5 VENDOR CHECKLIST

Please review the checklist for this bid (ITB No. 22B-001) to ensure that you have properly followed the instructions. Many bids and proposals are rejected because the respondent simply failed to comply with required preparation and submission requirements.

Have you performed a final review of your bid to ensure you included all required documentation? The omission of required items will result in rejection of the bid.

Have you completed, signed, and included the Bid Sheet and Bidder Acknowledgement

(pages 14 through 18)? Have you verified all amounts to ensure that they are complete and accurate?

If a conflict of interest exists as described in Section 1.7 Conflict of Interest, have you included

NWFWMD ITB 22B-001 – 2023 Longleaf Pine Tubelings Page 13 a statement of disclosure?

Have you selected the method of shipping (in person, by mail, or commercial courier) that will ensure that your bid will arrive before the deadline?

Is your envelope properly marked and are there one printed copy and one electronic copy in pdf format on a new flash drive of the bid included? See Section 1.13 Submission and Withdrawal of this ITB for further details. All incoming correspondence is opened when received unless properly marked for a specified opening date and time. If your bid is opened prior to the designated date and time, it cannot be considered.

PART 4

EVALUATION OF BIDS

The contract will be awarded in the best interest of the District, based on the lowest total cost to the District, from those bids submitted by vendors considered qualified by the District and able to provide the product in the timeframes specified in this ITB. The District anticipates awarding the contract to the bidder that meets the following criteria:

A. Vendor submits a qualified responsive bid judged by the District to be the lowest cost for the specified services. The District will award the 2023 longleaf pine tubeling bid based upon the lowest “Longleaf Pine Tubelings and Delivery Total Bid” for the nursery providing the District with longleaf pine tubelings and delivering them to District. Tubeling and delivery pricing will be based upon the estimated quantity of 1,000,000 to 1,400,000 tubelings delivered in January 2023. A minimum of one vendor will be selected to grow and supply the District with all required longleaf pine tubelings and delivery for the term of the agreement. The District may contract with multiple vendors to meet the minimum quantity needed. The price per thousand tubelings bid and delivery pricing will apply for one year.

B. If two or more bids are tied, the tie will be broken by the respondent earning the most points from the following, each being assigned one point for a total of up to three points:

(1) to the respondent that certifies compliance with s. 287.057(11), F.S., as a certified minority business enterprise; (2) to the respondent that certifies compliance with s.

295.187(4), F.S., as a certified veteran’s business enterprise; and (3) to the respondent that certifies compliance with s. 287.087, F.S., having implemented a Drug-Free Workplace program. If there is still a tie, the tie will be broken by lot (for example, coin toss).

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PART 5

BID SHEET AND BIDDER ACKNOWLEDGMENT (22B-001)

2023 LONGLEAF PINE TUBELING AND DELIVERY BID SHEET

All tables and forms on Pages 14 through 18 must be completed.

Longleaf Pine Tubelings (1)

Common Name

Minimum*

Quantity Desired for

Price/M**

Total Longleaf Pine

Tubeling Cost for 2023

Longleaf Pine 1,000,000 $ /M $

* Subject to availability, the District may purchase additional longleaf pine tubelings over the minimum quantity desired from the selected Vendor. The vendor must supply any additional longleaf pine tubelings over the minimum quantity at the same price per thousand as stated on this bid sheet.

** Grown and extracted price per thousand tubelings.

Note: A District representative will inspect the longleaf pine tubelings and determine acceptability for planting based on the specifications listed in the Agreement. Any longleaf pine tubelings deemed unacceptable for planting by the District’s representative will be returned to the vendor for replacement with acceptable longleaf pine tubelings.

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Longleaf Pine Tubeling Delivery Services* (2)

Delivery Location

Quantity

Delivered in

Jan-Feb 2023

Total Delivery Cost to

6418 E. Highway 20

Youngstown, FL 32466

(Four Loads)

Trailer

Rental Cost Per Day

Estimated Days of Trailer

Rental

Total Delivery

Plus Trailer

Rental Cost for

6418 E. Highway 20

Youngstown, FL 32466 1,000,000 $ $ 60 $

Mileage Pricing for Future Alternate Delivery Locations

Price per mile to be added or deducted for alternative delivery locations.

$ Per Mile

* Factors for quoting delivery pricing:

• The Delivery Address is 6418 Highway 20 Youngstown, FL 32466. All tubelings delivered in 2023 will go to this address.

• Delivery cost to the Delivery Address is inclusive of all costs required to deliver a loaded trailer to the specified location, including but not limited to trailer and semi-tractor transport mileage, fuel, labor, insurance, maintenance etc. In future years, this cost will be used on a pro rata basis for delivery pricing.

• Delivery cost is round-trip. Assume that an empty trailer will be retrieved when a loaded trailer is dropped.

• Per mile additions and deductions may be employed in future years if a trailer needs to be delivered to an alternate location. Fill in “Mileage Pricing for Future Alternate Delivery Locations” Table.

• Refrigerated Trailers with a minimum capacity of 250,000 boxed longleaf pine tubelings shall be used and shall be in good working order upon delivery, with repair service provided when needed. Fuel level for the refrigeration unit will be noted at the time of delivery and will be re-filled to this level by the District prior to retrieval of the trailer.

• District staff will monitor refrigerator operation and will provide fuel for trailers while the trailer is on District property and contains longleaf pine tubelings.

• Trailer Rental is on a daily basis, beginning the day a trailer is delivered to a District project site and ending on the day that a trailer has been emptied of its contents. Delivery logistics shall be coordinated with the District to minimize the number of Trailer Rental days charged during a planting project.

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Bid Calculation

Longleaf Pine Tubelings and Delivery Total Bid

(1)

Total Longleaf

Pine Tubeling

Cost for 2023 (From Page 14)

(2)

Total Delivery Plus

Trailer Rental Cost

(From Page 15)

Total Bid:

Longleaf Pine Tubeling and

Delivery Cost

I certify that this bid is made without subsequent understanding, agreement or connection with any corporation, firm, or person submitting a bid for the work described herein and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder and that the Bidder is in compliance with all requirements of the Invitation to Bid.

Bidder Signature Date

Bidder Name (Print or Type) Company Name

Bidder Title Address

Area Code Telephone Number City State Zip

E-Mail Address

Federal Employers Identification (FEID#) (Use SS # if no FEID #)

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BID SHEET AND BIDDER ACKNOWLEDGMENT (22B-001) (continued)

I certify that this bid is made without subsequent understanding, agreement or connection with any corporation, firm, or person submitting a bid for the work described herein and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder and that the Bidder is in compliance with all requirements of the Invitation to Bid.

BIDDER ACKNOWLEDGMENT

I, the undersigned, having read all parts of this Invitation to Bid, ITB No. 22B-001, titled “2023

LONGLEAF PINE TUBELINGS,” including any and all addenda, and having a comprehensive understanding of all provisions, rules, requirements, restrictions, etc. contained herein, agree to same and respectfully submit the bid contained herein.

Authorized Signature Position or Title

Printed Name of Above Signature Company

(The area below this line is to be completed by NWFWMD Agency Clerk only.)

Unsigned bids shall be rejected by the Agency Clerk of the Northwest Florida Water

Management District.

Agency Clerk Northwest Florida Water Management District

NWFWMD ITB 22B-001 –2023 Longleaf Pine Tubelings Page 18

BID SHEET AND BIDDER ACKNOWLEDGMENT (22B-001) (continued)

Nursery Information

Nursery Name

Years in Business:

Years of experience growing longleaf pine tubelings:

List of at least three customers to whom your nursery has supplied at least 500,000 longleaf pine tree tubelings in the past two years, who the District may contact for a reference:

Date

(Month/Year)

Quantity of Longleaf

Pine Tubelings

Provided

Customer Include Customer (company or agency) name and location (state/county) and a name and phone # for the person who can provide a reference.)

NWFWMD ITB 22B-001 –2023 Longleaf Pine Tubelings Page 19

PART 6

DRAFT AGREEMENT

This Agreement is subject to change subsequent to legal review.

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DRAFT AGREEMENT WITH CONTRACTOR

Agreement for

2023 LONGLEAF PINE TUBELINGS

Between

Northwest Florida Water Management District

And

[Contractor]

(NWFWMD Contract Number 22-0XX)

This Agreement (the “Agreement”) is by and between the Northwest Florida Water Management

District (hereinafter, the District) and _______________ (hereinafter, the Contractor). The District and the Contractor agree as follows:

SECTION 1 – SCOPE OF SERVICES

A. General

1. The Contractor shall perform and render all services and deliverables as an independent Contractor of the District and not as an agent, representative, or employee of the District.

Services and deliverables rendered shall be provided in accordance with the Contractor’s bid response submitted under Invitation to Bid (ITB) 22B-001 entitled “2023 LONGLEAF PINE

TUBELINGS” incorporated herein by reference.

2. The contract documents which make up this Agreement consist of this Agreement document, Invitation to Bid No. 22B-001, Contractor’s bid response, technical specifications, all addenda issued prior to the execution of this Agreement, the bid submitted by the Contractor, and all modifications issued subsequent thereto. These documents are part of this Agreement as if attached to this Agreement, whether or not they are actually attached.

3. All work shall be performed in accordance with the specifications and requirements contained in the Scope of Work.

B. Scope of Work

The Contractor will grow, supply and deliver to the District a minimum of 1,000,000 longleaf pine tubelings for planting activities during the District’s 2022-23 fiscal year (beginning October

1, 2022; tubelings to be available January 2023). Purchase of longleaf pine tubelings will be subject to available District funds and approval by the District's Governing Board of the District's proposed fiscal year budget. The Agreement requires that the Contractor agree to place highest priority on completing District assignments in a timely fashion. The Agreement will end no later than March 15, 2023, unless renewed for an additional term by formal amendment.

The District’s final desired quantity of longleaf pine tubelings in January 2023 may exceed

1,400,000 tubelings. If the District’s final desired quantity of longleaf pine tubelings exceeds

1,400,000 tubelings, the District will amend the 2023 Longleaf Pine Tubeling Agreement to reflect

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 2 of 14 this additional quantity, subject to the selected Contractor’s ability to provide this additional longleaf pine tubeling quantity to the District at the same price per thousand as the Contractor’s original bid.

Specifications

1. All of the longleaf pine tubelings must be 1-0 tubeling stock as specified above, with a minimum plug length of six inches (6”) and must be plantable using a standard dibble planting bar or equivalent planting device.

2. The District’s required longleaf pine tubelings will typically be planted on xeric sandhill upland habitat consisting primarily of Lakeland soil. Seed collected and used to produce the

District’s required longleaf pine tubelings must come from similar habitat and/or soils. Use of any other seed source must be approved by the District. Contractor shall inform the District of its seed source before sowing.

3. On average, at least 50 percent (50%) or more of the extracted tubelings must have a root collar diameter of at least one-half inch.

4. Longleaf pine tubelings must be adequately watered at least one day (24 hours) prior to extraction and boxing for shipment.

5. All longleaf pine tubelings must be free from insect pests and disease, that adversely effect growth and survival.

6. All longleaf pine tubelings (plugs) must be free from weeds and other undesirable plants that may adversely effect growth and survival.

7. All longleaf pine tubelings must meet or exceed Florida specifications for plant material as required by state law.

8. Minimum District longleaf pine tubeling quantities and specifications are listed below.

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 3 of 14

Longleaf Pine Tubelings Specifications

District longleaf pine tubeling quantities and specifications are summarized below.

Table 1

Agreement Year

Anticipated Delivery

Common Name Genus species

Planting Stock Age

Minimum

Quantity Required

1 January 2023 Longleaf Pine Pinus palustris 1-0 1,000,000

Longleaf Pine Tubelings Delivery Schedule

The Contractor will have to prepare for the extraction and delivery of the longleaf tubelings by the District between January 1 and February 28 in accordance with the schedule below. All tubelings will be inspected and approved by District staff at time of delivery. All tubelings deemed by the District’s project manager and/or his representative to be unsatisfactory for planting will not be accepted by the District. The Contractor will be required to replace all unsatisfactory longleaf pine tubelings at no cost to the District within the planting timeframe specified. The District will withhold payment for all unsatisfactory tubelings and associated delivery costs.

Table 2

Agreement

Year District Fiscal Year Delivery Schedule

1 2022-23 Between January 1, 2023, and February 28, 2023

C. Terms of Agreement

This Agreement will terminate no later than March 15, 2023. The District’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature and/or approval of the District’s annually adopted budget.

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 4 of 14

SECTION 2 – RESPONSIBILITIES OF CONTRACTOR

A. The Contractor is responsible for the timely completion, professional quality, and technical accuracy of all work and services provided to the District under the terms of this Agreement.

The Contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies identified by the District in reports, drawings, and in conjunction with all other services provided for under this Agreement.

B. The Contractor shall be, and shall remain, liable in accordance with applicable law for all damages to the District caused by the Contractor’s negligent performance of any of the services furnished under this Agreement.

C. The Contractor's obligations under this Section are in addition to the Contractor's other expressed or implied assurances under this Agreement or state law and in no way diminish any other rights that the District may have against the Contractor for deficiencies in work

(deliverables).

D. The Contractor shall indemnify and hold harmless the District, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement.

E. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that the Contractor has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

F. As provided under s. 216.347, Florida Statutes, expenditure of District funds for purposes of lobbying, including of the Legislature, judicial branch, or any state agency, is prohibited.

G. The Contractor certifies that it and any of its affiliates are not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to s. 287.135, F.S., the District may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that

Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for one million or more dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged with business operations in Cuba or Syria as identified in s. 287.135, F.S. Pursuant to s. 287.135, F.S., the District may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in

Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 5 of 14

H. The Contractor shall specify the physical location and address of the nursery at which the District’s tubelings are being grown and shall allow (with reasonable notice) inspection of the tubelings during growing stages by District employees or representatives.

SECTION 3 – TRUTH-IN-NEGOTIATIONS

The Contractor certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the District determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments must be made within one (1) year following the end of this Agreement.

SECTION 4 – COMPENSATION

A. Maximum compensation under this Agreement shall not exceed the availability of funds and current budget authorizations as approved by the District Governing Board.

B. Payment for the “2023 LONGLEAF PINE TUBELINGS” will be subject to inspection and approval by the District’s Project Manager or his designee. The Project Manager, will determine, in his sole discretion, whether or not the Contractor has successfully rendered services and deliverables as outlined in this Agreement. Payment will not be made until the

District receives written authorization to do so by the District Project Manager.

C. The compensation amount (“Compensation Amount”) will be determined on the basis of the Specifications set forth in Section 1 and pricing for tubelings and delivery services set forth in

Exhibit 1: Contractor’s Bid for ITB 22B-0XX - 2022-2023 LONGLEAF PINE

TUBELINGS, attached hereto and made a part hereof. Any subcontractor fees and direct expenses (ODCs) required for completion of the Work should have been included in the Contractor’s bid price and will be the responsibility of the Contractor.

D. Payment will be made upon inspection and approval of deliverables within thirty (30) days of receipt of an approved invoice, submitted in sufficient detail for a pre-audit and post-audit review. Invoices shall include the Contractor name and address, date, time period covered by the invoice, District contract number, total payment requested, amount previously invoiced, and a signed certification by the Project Manager that work invoiced has been completed.

Invoices shall not be submitted more frequently than monthly, or upon completion of a project phase, whichever is more frequent.

1. Payment for longleaf tubelings will be as follows: The District will pay the Contractor the following amount per 1,000 tubelings (or a pro rata payment thereof for quantities not rounded to 1,000). Payment will be subject to satisfactory inspection and acceptance of the tubelings by a District representative and will be made within 30 days of receipt of an invoice submitted in sufficient detail for a proper pre-audit and post-audit thereof.

Common Name

Minimum Quantity

Desired for 2023** Price/M*

Total Cost for

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 6 of 14

Longleaf Pine 1,000,000 $ ____________/M $ ____________

* Grown and extracted price per thousand tubelings.

** The quantity above will be amended annually through the Agreement term, as specified in Section 9.

2. Payment for delivery services will be as follows: The District will pay the following rates for longleaf pine tubeling delivery*:

Round-Trip Delivery

Cost Per Load (to 6418 E. Highway 20

Youngstown, FL 32466)

Trailer Rental Cost

Per day

Mileage cost adjustment for more or less mileage from

Delivery Location

$ $ $ /Mile

* At its sole discretion, the District may elect to pick up or send a contracted carrier or cooperating partner to pick up the tubelings at the Contractor’s nursery.

E. . Invoices and associated documentation shall be submitted electronically to both the District’s Project Manager at the email provided in Section 8.B, and the Accounting Bureau at:

AccountsPayable@nwfwater.com.

Each statement shall be submitted in a format that includes, at a minimum, the following information:

1. Invoice number for the particular bill;

2. The Contractor’s taxpayer identification number;

3. The Contractor’s name and District Agreement number;

4. Quantity of longleaf tubelings provided to the District and the date the tubelings were delivered;

5. The unit cost of the tubelings and the total only of the current invoice. Prior balances or payment history should be shown separately, if at all; and

6. Delivery and Trailer Rental costs.

7. Any other information as may be requested by the District’s Contract Manager.

8. The Contractor agrees to participate in electronic funds transfer payments from the District.

SECTION 5 – PERFORMANCE BOND

A performance bond will not be required from the Contractor.

SECTION 6 – TIME OF PERFORMANCE

NWFWMD Agreement 22-0XX –2023 Longleaf Pine Tubelings Page 7 of 14

A. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to render services and deliverables, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Contract Completion Date shall survive termination or expiration of this Agreement.

B. This Agreement is effective on the date of execution and shall remain in effect through March

15, 2023 beginning with the day after receipt of an executed copy of the Agreement (the “Term”). The District’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature and/or approval of the District’s annual budget.

C. The Contractor shall proceed with the rendering of services and deliverables at such rate of progress to insure full completion within the Term. It is expressly understood and agreed by and between the Contractor and the District that the Term is a reasonable amount of time for the completion of the work hereunder, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

SECTION 7 – FORCE MAJEURE AND DELAYS

A. Force Majeure. The Contractor shall not be liable for failure to carry out the terms of this Agreement to the extent such failure is due to a force majeure…