ITB 22B-004 2022 Ground Site Prep Herbicide Treatment.pdf

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NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

INVITATION TO BID NO. 22B-004

2022 GROUND SITE PREP HERBICIDE TREATMENT

The Northwest Florida Water Management District (District), 81 Water Management Drive, Havana, Florida 32333, is soliciting bids for the ground application of chemical herbicide for site preparation on 16 clear-cut timber stands totaling approximately 814 acres in Bay, Calhoun, Jackson, and Washington counties. The qualified contractor providing the lowest bid for the services will enter into an agreement with the District, a draft of which is contained within the Invitation to Bid. The specifications and conditions contained in the draft agreement should be reviewed and taken into consideration when preparing bids.

The deadline for submission of bids and the opening of the sealed bids is 2:00 P.M. Eastern Time (ET) August 1, 2022. The bid opening is open to the public. 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) or from the State of Florida’s Vendor Information Portal website at: MyFloridaMarketPlace Vendor Information Portal. A copy of the complete ITB package can also be obtained at the above address or by calling (850) 539-5999.

https://vendor.myfloridamarketplace.com/

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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 Bids 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 7

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 9

1.21 Prohibited Contact 9

1.22 Specification and Award Protest 10

1.23 Publicity 10

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Table of Contents (continued)

PAGE

1.24 Waiver of Minor Irregularities 10

1.25 Cooperative Purchasing 10

1.26 Performance Bond 10

PART 2 SCOPE OF SERVICES 11

PART 3 BID REQUIREMENTS 12

3.1 Rules for the Bid 12

3.2 Vendor Registration and W-9 Forms

3.3 Additional Documents to Include 12

3.4 Vendor Checklist 13

PART 4 EVALUATION OF BIDS 14

PART 5 BID SHEET, BIDDER ACKNOWLEDGMENT, BIDDER INFORMATION 15

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 “2022 GROUND SITE PREP HERBICIDE TREATMENT.”

1.3 ISSUING OFFICE, DATE AND ITB 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),

AUGUST 1, 2022, THE DAY OF THE PUBLIC OPENING.

1.4 INVITATION TO BID

The District solicits offers for the services of responsible bidders for the ground application of chemical herbicide on sixteen clear-cut timber stands for vegetation management purposes to perform the 2022 GROUND SITE PREP HERBICIDE TREATMENT.

1.5 AWARDING OF BID

The District anticipates entering into an agreement with the bidder who submits the 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.

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

NWFWMD ITB 22B-004 – 2022 Ground Site Prep Herbicide Treatment Page 5 of 18 computation errors, may be corrected by the District. Per section 255.0991, Florida Statutes (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 Bid System 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 directed to the Procurement Officer, Benjamin Faure, at Benjamin.Faure@nwfwater.com or 850-722-9919 no later than 1:00 PM. Eastern Time (ET) on July 19, 2022. Written 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 Bid System website at least ten (10) calendar days before the bid opening date (see Section 1.14 Addenda). It is the responsibility of all bidders to check the District’s website or State of Florida’s Vendor Bid System website for addenda.

mailto:%20Benjamin.Faure@nwfwater.com mailto:%20Benjamin.Faure@nwfwater.com

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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 July 15, 2022, the District issues the Invitation to Bid.

B. From the time of issuance on July 15, 2022, until 1:00 PM. Eastern Time (ET) on July 19, 2022, the District will receive inquiries 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), August 1, 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 Bid System 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 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-004, 2022 GROUND SITE PREP HERBICIDE

TREATMENT TO BE OPENED, AUGUST 1, 2022, AT 2:00 P.M. EASTERN TIME(ET)

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 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 bid 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 proposal 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, Bidder Acknowledgement and Bidder Information (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, Bidder Acknowledgement, and Bidder Information by examination of the criteria and specifications, including addenda. After bids have been submitted, respondents shall not assert 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.

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 Bid System website at least ten (10)

NWFWMD ITB 22B-004 – 2022 Ground Site Prep Herbicide Treatment Page 8 of 18 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 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 section 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

(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:

http://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified mailto:purchasingcustomerservice@dms.fl.gov

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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, F.S.; 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 intentional 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 not 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: Bodily Injury by Accident $1,000,000 each accident; Bodily Injury by Disease $1,000,000 policy limit;

and Bodily Injury by Disease $1,000,000 each employee.

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 of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of

NWFWMD ITB 22B-004 – 2022 Ground Site Prep Herbicide Treatment Page 10 of 18 the executive or legislative branch concerning any aspect of this solicitation, except to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.22 SPECIFICIATION 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.

1.23 PUBLICITY

The respondent shall obtain prior approval from 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.

1.26 PERFORMANCE BOND

A performance bond in the amount of twenty-five percent (25%) of price of the phases being scheduled in the Work Order, with a corporate surety approved by the District, will be required for

NWFWMD ITB 22B-004 – 2022 Ground Site Prep Herbicide Treatment Page 11 of 18 the faithful performance of the contract. A certified Cashier’s Check made payable to:

“NWFWMD” may be provided to the District, in lieu of a surety performance bond.

Attorneys-in-fact who sign bid bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

The successful bidder will be required to execute the contract and provide the performance bond within ten (10) calendar days once the awarded Contractor is notified by the District Project Manager. In case of failure of the bidder to execute the Agreement, the District may at its option consider the bidder in default, in which case the bid bond accompanying the bid proposal shall become the property of the District.

PART 2

SCOPE OF SERVICES

The District has identified 814 acres in 16 separate stands which require ground preparation with chemical herbicide prior to replanting these units with Longleaf and Slash Pine tubelings to prevent other plant species from competing with the Longleaf and Slash Pine Tubelings.

Please review the attached draft SECTION 1-SCOPE OF SERVICES in the Agreement, for the complete description of required activities, locations, technical specifications, schedules, instructions, and terms and conditions.

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PART 3

BID REQUIREMENTS

3.1 RULES FOR THE BIDS

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

A. 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.

B. All bids shall be completed and submitted on the attached Bid Sheet, Bidder Acknowledgement and Bidder Information (PART 5).

C. 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.

D. 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.

E. 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.

F. 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 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.

3.3 ADDITIONAL DOCUMENTS TO INCLUDE

Copies of your current insurance coverage, limits, etc.

Evidence the vendor or employee is a licensed pesticide/herbicide applicator in the State of

Florida.

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3.4 VENDOR CHECKLIST

Please review the checklist for this bid (ITB No. 22B-004) 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, Bidder Acknowledgement and Bidder Information (pages 14 through 17)? Have you verified all amounts to ensure that they are complete and accurate?

Have you included the additional documents in Section 3.3?

If a conflict of interest exists as described in Section 1.7 Conflict of Interest, have you included 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 is there one printed copy 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.

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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 2022 Ground Site Prep Herbicide Treatment bid based upon the lowest “Grand Total Lump Sum Bid Amount” for the company providing the District with site prep herbicide treatment, as entered on the Bid Sheets and Bidder Acknowledgement, Page 15.

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

All tables and forms on Pages 15 through 18 must be completed.

BID SHEET AND BIDDER ACKNOWLEDGMENT (22B-004)

County Stand #

Acres

Bid/Acre

Stand Total Bid

Calhoun 1 9 X $ = $

Calhoun 2 16 X $ = $

Jackson 3 4 X $ = $

Jackson 4 7 X $ = $

Jackson 5 16 X $ = $

Jackson 6 6 X $ = $

Washington 7 141 X $ = $

Washington 8 78 X $ = $

Washington 9 44 X $ = $

Bay 10 40 X $ = $

Washington 11 63 X $ = $

Bay 12 31 X $ = $

Bay 13 82 X $ = $

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Bay 14 53 X $ = $

Bay 15 38 X $ = $

Bay 16 186 X $ = $

GRAND TOTAL (ALL SERVICES) $

Grand Total Lump Sum Bid Amount for 2022 Ground Site Prep Herbicide

Treatment on 814 Acres: $

Company Name:

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BID SHEET AND BIDDER ACKNOWLEDGMENT (22B-004) (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.

I, the undersigned, having read all parts of this Invitation to Bid, ITB No. 22B-004, titled “2022 GROUND SITE PREP HERBICIDE TREATMENT,” 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.

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 #)

(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

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BIDDER INFORMATION

Business Name

Years in Business:

Years of experience in ground application of chemical herbicide for site preparation purposes:

List of subcontractors, if any, who may be used to perform ground application of chemical herbicide for site preparation purposes:

Name Address Type of Firm

List of similar ground applied chemical herbicide projects completed within the past 12 months which the District may use for a reference:

Date (Month/Year)

Location (County/State)

Number of Acres

For Whom (Business and Contact Name and

Phone #)

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PART 6

DRAFT AGREEMENT

Please see the attached Draft Agreement and Exhibit Maps. This Agreement is subject to change subsequent to legal and administrative review.

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AGREEMENT

BETWEEN THE

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

AND <INSERT CONTRACTOR NAME>

FOR THE

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

This Agreement is for the ground application of chemical herbicide for site preparation vegetation management purposes on sixteen clear-cut timber stands totaling approximately 814 acres in Bay, Calhoun, Jackson, and Washington counties, Florida, in accordance with the specifications and conditions described in the contract documents.

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 (the “Work”) and deliverables rendered shall be provided in accordance with the Contractor’s bid response submitted under Invitation to Bid (ITB) 22B-004 entitled “2022 GROUND SITE PREP HERBICIDE TREATMENT” set forth in EXHIBIT 1 attached hereto and incorporated herein by reference.

2. The contract documents (“Contract Documents”) which make up this Agreement consist of:

(i) this Agreement document, (ii) Invitation to Bid No. 22B-004, (iii) Contractor’s bid response, (iv) technical specifications, (v) all addenda issued prior to the execution of this Agreement, (vi) the bid submitted by the Contractor, and (vii) all modifications issued subsequent thereto. These Contract 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 and Technical Specifications sections below.

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B. Scope of Work

1. This project will be known as the 2022 Ground Site Prep Herbicide Treatment (“Project”) and consists of ground application of chemical herbicide for site preparation vegetation management purposes on sixteen clear-cut pine timberlands totaling approximately 814 acres.

2. Individual treatment stands location and acreage information to conduct Project activities is listed below.

County Stand # Section Township Range Acres Lat/Long

Calhoun 1 32 2N 9W 9 30.534, -85.164

Calhoun 2 32 2N 9W 16 30.521, -85.154

Jackson 3 17 2N 9W 4 30.569, -85.359

Jackson 4 17 2N 9W 7 30.568, -85.361

Jackson 5 17 2N 9W 16 30.570, -85.366

Jackson 6 17 2N 9W 6 30.573, -85.366

Washington 7 5/8 1N 13W 141 30.509, -85.565

Washington 8 19 1N 13W 78 30.468, -85.582

Washington 9 29 1N 13W 44 30.461, -85.558

Bay 10 14/15 1S 14W 40 30.399, -85.624

Washington 11 22/27 1N 13W 63 30.478, -85.527

Bay 12 28 2N 12W 31 30.544, -85.445

Bay 13 20/21 1S 13W 82 30.389, -85.550

Bay 14 28/33 1S 13W 53 30.362, -85.547

Bay 15 29/32 1S 13W 38 30.365, -85.558

Bay 16 5/6/7/8 2S 13W 186 30.340, -85.584

SITE PREP HERBICIDE TREATMENT ACREAGE SUBTOTAL 814

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3. The boundaries of the vegetation management treatment stands are shown on the maps as General Location Exhibit Map A through C and Stand Exhibit Maps 1 through 12 which are made a part hereof.

C. Technical Specifications

1. The Contractor will supply and apply chemical herbicides for vegetation management purposes to prepare approximately 814 acres for reforestation.

2. Listed stands will receive the following chemical herbicide treatment on a per-acre basis:

Stand # Chemical Herbicide Treatment (per acre)

1-10

40oz. of 26.7% Imazapyr

80oz. of 83.9% Triclopyr

64 oz. modified seed oil surfactant

11-16

64 fl. oz. of 40% or greater Glyphosate Isopropylamine Salt

80 fl. oz. 83.9% Triclopyr

64 fl. oz. modified seed oil surfactant

Application shall be no less than 20 gallons per acre (GPA) of total solution.

Generic herbicides may be used but must have equivalent concentrations of active ingredients.

Modified seed oil surfactant must be manufactured specifically for use with herbicides. The Contractor shall present proof that this herbicide formulation has been maintained during the entire chemical herbicide treatment to any District representative. Contractor shall have herbicide containers bearing the specific product labels onsite and available for inspection by District staff at all times that herbicide is being applied.

3. The applicator must utilize a GPS flagging system. A minimum of 95% of each designated treatment unit must be adequately covered with chemical. The Contractor shall apply the specified herbicide in the specified locations only and will be held responsible for any offsite (district and non-district lands) impacts associated with the herbicide application.

4. All empty chemical containers must be removed from the site and lawfully disposed of in accordance with the product label. Trash or other debris resulting from the Contractor’s operations must be removed on a daily basis.

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5. The Contractor is to complete the record keeping form attached below in accordance with all pesticides regulated by Chapter 487, F.S. This form meets requirements for restricted use pesticides and central posting requirements for the federal Worker Protection Standard. The Contractor will turn the form in at the District at the completion of the project.

SECTION 2 – RESPONSIBILITIES OF CONTRACTOR

A. The Contractor is responsible for the timely completion, professional quality, and technical accuracy of all Work 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 Work 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 Work 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

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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.

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 Agreement 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. 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. 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 not be submitted more frequently than monthly.

D. Payment for the Project will be subject to inspection and approval by the appropriate forestry land manager or by the District's Chief, Bureau of Land Management Operations, who will be the Project manager. The District representative will determine in his/her sole discretion whether or not the Contractor has successfully completed all phases of the Project, and payment will not be made to the Contractor until the District receives written authorization to do so by the District representative.

E. Any subcontractor fees and direct expenses (ODCs) required for completion of the Work should have been included in the Contract Rates set forth in Exhibit 1 attached hereto and will be the responsibility of the Contractor.

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

G. The maximum compensation for this Project shall not exceed the amount listed below:

$ XXXXX

H. An original invoice, including appropriate backup documentation, shall be submitted to both the District’s Project Manager per the contact information included in Section 8.B., and the

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District’s Accounting Department, per the contact information listed below. An original invoice may be submitted either electronically or in hard copy.

Northwest Florida Water Management District 81 Water Management Drive Havana, FL 32333 AccountsPayable@nwfwater.com

Each invoice 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 ground site prep herbicide application acres completed and the dates of the completed work;

5. The unit (per-acre) cost of the ground site prep herbicide application services for the stands treated and the total only of the current invoice. Prior balances or payment history should be shown separately, if at all; and

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

SECTION 5 – PERFORMANCE BOND

Prior to commencing work, the Contractor shall provide a Performance Bond in an amount equal to twenty-five percent (25%) of the phases being scheduled in the Work Order, which shall be held by the District to insure contract compliance and to pay any damages sustained by the District due to the Contractor’s negligence or breach of contract; provided, however, that such Performance Bond shall not relieve Contractor from its obligation to indemnify as provided in Section 2D hereof. The Performance Bond shall be returned to the Contractor within thirty (30) days of successful completion of all terms and conditions of this Agreement.

SECTION 6 – TIME OF PERFORMANCE

A. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Project Schedule (defined below) shall survive termination or expiration of this Agreement.

B. This Agreement is effective on the last date of execution by a party and shall remain in effect through the end of the Project Schedule.

mailto:AccountsPayable@nwfwater.com

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C. The Contractor shall proceed with the Work at such rate of progress to insure full completion within the Project Schedule. It is expressly understood and agreed by and between the Contractor and the District that the Project Schedule 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.

D. If the Contractor shall fail to complete Work within the Project Schedule, or extension of time granted by the District, then the Contractor shall be in default after the time stipulated in this Agreement.

E. Project Schedule: means the period that this Agreement remains be in effect, specifically from the date the Agreement becomes effective through September 30, 2022.

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 event, except for failures that could have been reasonably foreseen and guarded against so as to avoid or reduce the adverse impact thereof. A force majeure event is hereby defined as any one of the following circumstances beyond the control of the Contractor: (a) war, (b) flood, (c) earthquake, (d) fire,

(e) severe wind storm, (f) acts of public disturbance, (g) quarantine restrictions, (h) epidemics,

(i) strikes, (i) freight embargoes, or (k) sabotage. The District is not obligated to grant an extension of time due to adverse weather conditions unless such conditions rise to the level of a force majeure event.

B. Delay. The Contractor shall not be compensated for delays caused by the Contractor’s inefficiency, rework made necessary by Contractor’s error, failure to perform the work as scheduled, or any other corrective or productivity measures made necessary by errors, omissions, or failures to properly perform the Work. Within ten (10) business days after the onset of a delay, Contractor shall notify the District in writing of the delay, which shall provide:

(1) a detailed description of the delay and its probable duration, (2) the specified portion of the work affected, and (3) the Contractor’s opinion as to the cause of the delay and liability (if any) for the delay. Notices provided more than ten (10) days after the inception of the delay shall only be effective as to additional costs or delay incurred during the ten-day period preceding receipt of such notice. In the case of a continuing delay for the same cause, only one

(1) notice of delay is necessary. Failure to provide this notice waives any claim for extension of time or additional compensation resulting from such delay. If the delay is due to the failure of another District Contractor to complete its work in a timely manner, changes ordered in the Work, a force majeure event, or any other cause which the District, in its sole judgment and discretion, determines to justify the delay, then the Agreement may be extended as necessary to compensate for the delay. All time extensions shall be in the form of a written amendment signed by both parties.

SECTION 8 – APPROVALS AND NOTICES

A. All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person addressed to the individuals listed below. Notices shall be considered delivered when reflected by an electronic mail read receipt, NWFWMD Agreement 22-XXX – 2022 Ground Site Prep Herbicide Treatment Page 8 of 14 a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. A notice of failure to accept delivery shall constitute delivery.

B. The District’s Manager for this Project is identified below:

Eric Toole, or successor Northwest Florida Water Management District 81 Water Management Drive Havana, FL 32333-4712 Telephone No.: (850) 722-9919 Fax No.:

E-mail Address: Eric.Toole@nwfwater.com

C. The Contractor’s Manager for this Project is identified below:

Name Address Address

Telephone No.:

Fax No.:

E-mail Address:

D. No amendment to this Agreement shall be effective unless agreed in writing and executed by the parties hereto.

E. The District and the Contractor…