ITB 24B-004 2024 Highway 2 Timber Sale.pdf

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INVITATION TO BID

2024 HIGHWAY 2 TIMBER SALE

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

(BID NUMBER 24B-004)

The Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333, is soliciting bids to conduct a pine timber harvest on a per ton basis (approximately 227.2 acres) located in Holmes County, Florida.

The deadline for submission of bids is 2:00 P.M. Eastern Time (ET), July 24, 2024. The opening of the sealed bids is open to the public. Provisions will be made to accommodate those with a disability 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. The respondent must submit the Proposal through DemandStar (see Section 1.13 for more information). Interested parties may obtain a copy of the complete ITB package from the District’s website (http://www.nwfwater.com) or 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.

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Table of Contents

PAGE

PART 1 GENERAL INFORMATION

1.1 Definitions

1.2 Purpose

1.3 Issuing Office, Date and ITB Opening

1.4 Invitation to Bid

1.5 Awarding of Bid

1.6 Development Costs

1.7 Conflict of Interest

1.8 District Forms and Rules

1.9 Mandatory Pre-Bid Conference and/or Oral Presentations

1.10 Inquiries and Addenda

1.11 Timetable

1.12 Delays

1.13 Submission and Withdrawal

1.14 Equal Opportunity

1.15 Americans with Disabilities Act

1.16 Social, Political and Ideological Interests

1.17 Public Crimes/Discriminatory/Antitrust Violator Vendors

1.18 Scrutinized Companies, Boycotting

1.19 Inspector General Cooperation

1.20 Compliance with Health and Safety Regulations

1.21 Insurance

1.22 Prohibited Contact

1.23 Specification and Award Protest

1.24 Publicity

1.25 Waiver of Minor Irregularities

1.26 Performance Bond

PART 2 SCOPE OF SERVICES

PART 3 BID REQUIREMENTS

3.1 Rules for the Bids

3.2 Bid Bond

3.3 Vendor Registration and W-9 Forms

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3.4 Vendor Checklist

PART 4 EVALUATION OF BIDS

4.1 Evaluation Method and Criteria

PART 5 BID SHEETS AND BIDDER ACKNOWLEDGMENT

5.1 Bid Sheets

5.2 Bidder Information Form

PART 6 DRAFT AGREEMENT

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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

“2024 HIGHWAY 2 TIMBER SALE.”

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), July 24, 2024, THE DAY OF THE PUBLIC OPENING.

1.4 INVITATION TO BID

The District solicits offers for the services of responsible bidders to conduct slash and loblolly pine timber thinning harvests on a per-ton basis (approximately 227.2 acres) located in Holmes County, Florida. The selected Contractor will be required to conduct the pine timber thinning harvests and pay the District an agreed upon per-ton price for the specified pine timber products.

1.5 AWARDING OF BID

The District anticipates entering into a contract with the bidder who submits the most qualified responsive bid judged by the District to be most advantageous.

The respondent understands 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 highest 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 s. 255.0991, F.S., the District has no regulation that provides Contractor preference as described in that statute.

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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 Ch. 112, F.S. 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 MANDATORY PRE-BID CONFERENCE AND/OR ORAL PRESENTATIONS

There will not be a mandatory pre-bid conference for this solicitation. There will not be oral presentations for this solicitation.

1.10 INQUIRIES AND ADDENDA

All questions regarding this ITB shall be provided in writing and emailed to the Procurement Officer, Lyn Shiver at Lyn.Shiver@nwfwater.com, no later than 12:00 P.M. (Noon) Eastern Time (ET) on July 5, 2024.

Inquiries shall reference the date of the ITB opening and ITB title and number.

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 Contract Documents.

1.11 TIMETABLE

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

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On June 27, 2024, the District issues the Invitation to Bid.

From the time of issuance on June 27, 2024, until 12:00 P.M. (Noon) Eastern Time (ET) on July 5, 2024, the District will receive written inquiries by email on the ITB.

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

Bid Opening Deadline: The sealed bids will be opened at 2:00 P.M. Eastern Time (ET), July 24, 2024*. Bids received after the bid opening deadline will not be considered.

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

The District may enter into a contract with the qualified Contractor submitting the highest 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

Respondents must submit electronically through DemandStar. All bid submissions will be accepted through DemandStar only.

1) Submittals are accepted through the District’s online bid system, DemandStar. Respondents must be registered with DemandStar in order to submit their responses on the DemandStar website. To register, please visit the DemandStar website at: www.demandstar.com/app/registration.

2) For instructions on how to complete a free registration with DemandStar, please consult the District’s

DemandStar overview.

3) Instructions for submitting an online bid are available on the District’s website at:

https://nwfwater.com/business-finance/district-procurement/.

Bids not submitted through DemandStar do not constitute “delivery” and are not considered “received by” the District as required by this ITB. Submittal of bids other than through DemandStar shall not be accepted.

It is the respondent's responsibility to ensure his/her bid submission is delivered at the proper time. Bids that are, for any reason, received after the established deadline will not be considered.

A respondent may withdraw a bid by notifying the District electronically at any time prior to the opening.

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 Forms (see Part 5). 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.

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Respondents must satisfy themselves of the accuracy of their responses on the Forms 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.

1.14 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.

1.15 AMERICANS WITH DISABILITIES ACT

The District does not discriminate upon the basis of any individual’s disability status. This nondiscrimination policy involves every aspect of the District’s functions including one’s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Jack Furney, Division of Administrative Services, at (850) 539-5999.

1.16 SOCIAL, POLITICAL AND IDEOLOGICAL INTERESTS

In accordance with s. 287.05701, F.S., the District shall not request documentation of or consider a respondent’s social, political, or ideological interests in determining if the respondent is a responsible vendor. The District shall not give preference to a respondent based on the respondent’s social, political, or ideological interests.

1.17 PUBLIC CRIMES/DISCRIMINATORY/ANTITRUST VIOLATOR VENDORS

In accordance with sections 287.133, 287.134, and 287.137, F.S., 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

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and may not transact business with any public entity in excess of the threshold amount provided in s.

287.017, F.S., 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.

1.18 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

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, 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.

1.19 INSPECTOR GENERAL COOPERATION

Respondent understands and shall comply with s. 20.055(5), F.S., 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.”

1.20 COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS

Respondent 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.

1.21 INSURANCE

The respondent, 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 respondent shall obtain all coverage as required by Florida law, including Workers

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Compensation and applicable professional liability insurance. Additionally, the respondent 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.

1.22 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 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.

1.23 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 s. 287.042(2)(c), F.S. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under Ch. 120, F.S. 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. Failure to file a protest within the time prescribed in s.

120.57(3), F.S., 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 Ch. 120, F.S.

1.24 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.

1.25 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.

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1.26 PERFORMANCE BOND

A performance bond in the amount of ten percent (10%) of the total contract amount (bidder’s total lump sum bid), with a corporate surety approved by the District, will be required for 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 successful bidder 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.

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PART 2. SCOPE OF SERVICES

Please see the attached draft “2024 HIGHWAY 2 TIMBER SALE” Agreement for the complete Scope of Services, including all required operations, timber sale locations, specifications, schedules, instructions, and terms and conditions.

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PART 3. BID REQUIREMENTS

3.1 RULES FOR THE BIDS

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

2. One electronic bid must be submitted through DemandStar. See Part 1, Section 1.13 Submission and Withdrawal for further details.

3. All bids shall be completed and submitted on the attached Forms (Part 5).

4. 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.

5. 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.

6. All costs, whether direct or indirect, which will be ultimately paid by the District must be included in the price on the Bid Form (Part 5). Any indirect, overhead, profit margin or other such costs, however named, must also be included in the bid price.

7. The award hereunder is subject to Ch. 112, F.S. 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.

8. The successful bidder will be required to execute the contract and provide the performance bond within ten (10) calendar days once the successful bidder is notified by the District Project Manager. In case of failure of the successful bidder to execute the agreement within the timeline above, the District may at its option consider the bidder in default, in which case the District may award the bid to another bidder at its sole discretion.

9. The District reserves the right to reject any and all bids, to negotiate with the qualified respondent submitting the highest 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 s. 255.0991, F.S., the District has no regulation that provides contractor preference as described in the statute.

3.2 BID BOND

A Bid Bond will not be required for ITB 24B-004.

3.3 VENDOR REGISTRATION AND W-9 FORMS

The successful bidder will be required to complete a Vendor Registration Form and W-9 Form once notified of award by the District Project Manager.

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3.4 RESPONDENT CHECKLIST

Please review the checklist for this bid (ITB No. 24B-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 Forms (pages 14 through 16)? 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 a statement of disclosure?

Have you verified the submittal of your complete Bid Package through DemandStar before the deadline?

Part 4. EVALUATION OF BIDS

4.1 EVALUATION METHOD AND CRITERIA

Evaluation of the Bid Package will be carried out by staff of the Northwest Florida Water Management District using the criteria listed below:

1. The bid will be awarded to the respondent who submits the highest Estimated Sale Value Bid for the 2024 Highway 2 Timber Sale.

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

a) One point to a respondent that certifies compliance with s. 288.703(1), F.S., as a certified minority business enterprise;

b) One point to a respondent that certifies compliance with s. 295.187(3)(a), F.S., as a certified veteran’s business enterprise; and

c) One point to a respondent that certifies compliance with s. 287.087, F.S., having implemented a Drug-Free Workplace program.

3. If there is still a tie, the tie will be broken by lot (for example, coin toss).

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PART 5. BID SHEETS AND BIDDER ACKNOWLEDGEMENT

5.1 BID SHEET AND BIDDER ACKNOWLEDGEMENT

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

BID NUMBER 24B-004

In reference to the above captioned timber sale, the undersigned offers to purchase and cut all designated timber to the specifications as stated in this Invitation to Bid and pay the price per ton as designated below:

Product Estimated

Total Tons* Bid Price/Ton Estimated Product Value

(for Bid Comparison) *

Pine Pulpwood 3,702 $ /ton $

Pine Chip-N-Saw 4,613 $ /ton $

Pine Saw Timber 5 $ /ton $

Total Estimated Sale Value Bid* $

* These figures are to be used for bid evaluation and comparison purposes only. Payments to the

District will be made on a measured per ton basis.

Authorized Signature Position or Title

Printed Name of Above Signature Agency or Company

I certify that this bid is made without subsequent understanding, agreement or connection with any corporation, firm, or person submitting a bid for the 2024 Highway 2 Timber Sale ITB 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.

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I, the undersigned, having read Parts one (1) through five (5) of this Invitation to Bid 24B-004 and the attached draft “Highway 2 Timber Sale” agreement, and having a comprehensive understanding of all provisions, rules, requirements, restrictions, etc. contained herein, agree to same and respectfully submit the bid contained herein.

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 Section 1.19 above.

Authorized Bidder Signature Bidder Title

Bidder Name (Print or Type) Company Name

Date 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 may be rejected by the Agency Clerk of the Northwest Florida Water Management District.

Agency Clerk Northwest Florida Water Management District

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5.2 BIDDER INFORMATION FORM

1. Bidder Information

Bidder Firm Name:

Is this firm a certified minority business enterprise as defined in s. 288.703(1), F.S.? If yes, please provide documentation.

Circle One: Yes No

Is this firm a certified veteran’s business enterprise as defined in s. 295.187(3)(a), F.S.? If yes, please provide documentation.

Circle One: Yes No

Has this firm implemented a Drug-Free Workplace program in compliance with s.

287.087, F.S.? If yes, please provide documentation.

Circle One: Yes No

2. Bidder Statement of Qualification

I understand that the above information is required to submit a bid in response to ITB No. 24B-

004. By signing this form, I acknowledge that all information is accurate and correct to the best of my knowledge.

Person Completing Form (print name) Signature

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Part 6. DRAFT AGREEMENT FOR PROJECT

Please see the attached Draft Agreement for the project. This agreement is subject to change subsequent to legal counsel review.

Estimated Timber Weight

2024 HWY 2 TIMBER SALE

227.2 Acres

PRODUCT TONS 2

Pine Pulpwood 1 3,702

Pine Chip-N-Saw 1 4,613

Pine Saw Timber 1 5

TOTAL TONS 8,320

1 Merchantable timber from the thinning harvest consists of slash and loblolly pine.

2 “Estimated Timber Weight” is total stand roundwood timber volume based on a strata-level timber cruise performed in 2014 or later and modeled timber growth. This estimate does not account for hurricane damage or other tree mortality or conditions that would impact typical tree growth. The District does NOT guarantee this information.

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Agreement for 2024 Highway 2 Timber Sale

Between Northwest Florida Water Management District

And [Contractor]

NWFWMD Contract Number 24-XXX

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 hereby agree as follows:

SECTION 1 – SCOPE OF SERVICES

A. General

1. For and in consideration of the promises and agreements hereinafter contained, the District agrees to sell and permit the Contractor to harvest, and the Contractor agrees to purchase, harvest and remove such cut timber specified in this Agreement (the “Work”), subject to the provisions hereof.

2. 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. The Work and deliverables rendered shall be provided in accordance with the Contractor’s bid response submitted under Invitation to Bid (ITB) 24B-004 entitled “2024 HIGHWAY 2 TIMBER SALE” set forth in EXHIBIT 1 attached hereto and incorporated herein by reference.

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

(i) this Agreement document, (ii) Invitation to Bid No. 24B-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.

4. All Work shall be performed in accordance with the specifications and requirements contained in the Scope of Work and Technical Specifications sections below.

B. Scope of Work

1. The Work shall also be known as the 2024 HIGHWAY 2 TIMBER SALE.

2. The harvest area (“Harvest Area”) of 227.2 acres more or less, within lands owned by the District, is located in the following areas and consists of the following approximate acreages:

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TIMBER

SALE

UNIT &

MAP

NUMBER

NWFWMD

HARVEST STAND

NUMBERS COUNTY

SECTION; TOWNSHIP;

RANGE ACRES

1 101003 Holmes S9; T6N; R16W 3.9

2 101008 Holmes S9; T6N; R16W 7.4

3 101012 Holmes S9; T6N; R16W 110

4 101014 Holmes S9/10; T6N; R16W 94.4

5 101020 Holmes S9; T6N; R16W 11.5

TOTAL 227.2

C. Technical Specifications

The Contractor hereby agrees to conduct the Work within the Harvest Area as delineated in Section 1-B, Scope of Services, in accordance with the specifications below. The Harvest Area is located in Holmes County, Florida and the Harvest Stands are delineated on Exhibit Map A and Exhibit Map 1.

REQUIRED OPERATIONS/SALE UNIT DESCRIPTIONS

TIMBER

SALE

UNIT & MAP

NUMBER

NWFWMD

HARVEST STAND

NUMBERS

HARVEST

METHOD ACRES SPECIES AGE

1 101003 Logger Select Thinning 3.9 Slash Pine 41

2 101008 Logger Select Thinning 7.4 Slash Pine 40

3 101012 Logger Select Thinning 110 Loblolly

Pine 40

4 101014 Logger Select Thinning 94.4 Slash Pine 40

5 101020 Logger Select Thinning 11.5 Slash Pine 40

Total 227.2

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D. General Instructions

A “Logger Select Thinning” harvest regime will be conducted for the Harvest Stands totaling 227.2 acres. Select trees from these Harvest Stands will be crowded, slower growth, smaller, malformed diseased or forked trees. The Contractor must employ loggers who are capable of implementing the selection criteria. The Basal Area Desired, and Trees per Acre Desired for each Harvest Stand after thinning, are listed in the table below:

Harvest Stand Number Acres

Basal Area Desired (ft2/ac.)

Trees per Acre Desired

101003 3.9 40 64

101008 7.4 40 116

101012 110 40 171

101014 94.4 40 72

101020 11.5 40 72

227.2

The Contractor is responsible for overseeing and monitoring the Work to ensure that the residual basal area and residual number of trees per acre fall within the ranges specified above. District staff will perform contract compliance inspections but will not be responsible for logger training, harvest check plots and harvest strategy adjustment.

Trees within the Harvest Stands are not marked. A mandatory pre-harvest meeting will be required for each Harvest Stand to assess site conditions.

E. Harvesting Operations

1. The Contractor must exercise care to prevent damage to all residual trees located within the Harvest Stands. Special care shall be given to prevent any damage to any longleaf trees not designated for harvest by the District.

2. The Contractor or its representative must have a conference with the Project Manager, Mr.

Benjamin Faure or his representative (hereinafter collectively called the “Project Manager”) before Work begins. This conference is to provide each party an opportunity to discuss the details of the Agreement, logging plans, roads to be used for hauling, and other matters pertinent to the Work.

3. Timber shall be merchandized to the following product specifications:

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PRODUCT

DBH MIN.

(INCHES)

DBH MAX.

(INCHES)

TOP

DIAMETER

(INCHES)

MIN.

LENGTH

(FEET)

Pulpwood 4.6” NA 3.0” 16’

Chip-N-Saw 7.6” 10.5” 4.0” 25’

Sawtimber 10.6” NA 8.0” 16’

4. Stumps shall be cut as close to the ground as possible and shall not be higher than six inches (6") above the ground except where otherwise authorized by the Project Manager.

5. Title to all designated trees left standing and all portions of trees felled but not utilized prior to the conclusion of the Project Schedule, or any extensions thereof, shall remain with the District.

6. All other timber in the Harvest Area not designated in accordance with the Scope of Work and Technical Specifications is excluded from this sale. All dead stump wood and lighter wood in the Agreement area is also excluded from this sale.

7. No tops, limbs or butts shall be left within three feet (3') of living trees. All "lodged" trees shall be freed and removed the same day such "lodging" occurs.

8. Due care shall be exercised against starting and spreading fires during the Work by Contractor and/or its employees and subcontractors. The Contractor shall be held liable for all damages caused by such fires.

9. All utility lines, ditches and fences located within or immediately outside the exterior boundaries of the Harvest Area shall be protected from damage by the Work; and if damaged, shall be repaired immediately by and at the expense of the Contractor. The Project Manager may require the Contractor to move fences from one location to another without compensation, if in the Project Manager’s judgment that fence movement is necessary to avoid risk or damage from the Work.

10. The Project Manager shall approve or designate the location of all loading ramps. Loading of log trucks is not permitted on paved or graded roads. The District reserves the right to designate location of skid trails. All skid roads shall be located to avoid damage to residual trees, reproduction, soil, wetlands, streams and lakes, and shall be prohibited from sensitive areas. The Project Manager will inspect the Harvest Area to identify and determine any sensitive areas that may be excluded as a skid trail.

11. Skidding trees down roads, trails (including but not limited to designated recreational trails that traverse the Harvest Area), and fire lines is prohibited. These areas will also be kept free of logs, tops, brush, and debris resulting from the Work, and any road, trail, designated recreational trail, or firebreak used by the Contractor in connection with the Work that is

NWFWMD Draft Agreement 24-XXX 2024 Highway 2 Timber Sale Page 5 of 19 damaged, as determined by the District in its sole discretion, beyond ordinary wear and tear by the Contractor’s or any subcontractor’s use, shall be repaired promptly by the Contractor at the Contractor’s expense to original conditions. The District retains the right to close down the Work in inclement weather if damage to roads or to the Harvest Area is deemed by the Project Manager to be too severe. The Contractor shall also protect from damage all painted boundary trees.

12. When the Contractor deems it necessary to mark any trees in the Harvest Area for product designation or any other purpose, it will not use the same color of flagging and/or paint as that used by the District.

13. Standing timber not included in the Harvest Area will not be used in any manner to facilitate the Contractor’s Work.

14. The decision of the District shall be final in the interpretation of the provisions of this Agreement.

15. The Contractor shall be responsible for keeping the Harvest Area, including but not limited to the loading ramps, free from any litter, such as oil cans, drums, paper, and other refuse. If any refuse is not disposed of during the Work, the Contractor shall clean it up upon completion of the Work.

16. The Contractor shall notify the Project Manager at least two (2) working days prior to completion of Work on each Harvest Stand so a compliance inspection can be conducted.

17. All Work may be suspended by the Project Manager after written notice has been delivered to the Contractor if the conditions and requirements contained in this Agreement are not complied with. Failure to comply with any of the conditions and requirements of this Agreement shall be sufficient cause for termination of this Agreement and the cancellation of all agreements with the Contractor for other uses of District-owned lands.

18. The Contractor agrees to have a representative (the “Master Logger”) to provide routine onsite supervision of the Work who has completed the Florida Master Logger training program or has a comparable certificate of training that complies with the training recommended by the American Forest and Paper Association's Sustainable Forestry Initiative. The Master Logger will maintain such training certification at all times during the Project Schedule. Additionally, the Master Logger will schedule weekly on-site cutting inspection visits to the Harvest Area in conjunction with the Project Manager to assure compliance with Florida's Silviculture Best Management Practices. The Master Logger shall be responsible for ensuring that all logger-select thinning is being performed in accordance with the Technical Specifications and General Instructions set forth above.

19. The Contractor must adhere to and implement all federal, state, and local environmental laws and regulations as well as any applicable best management practices for silvicultural operations as outlined in the latest version of the Florida Silviculture Best Management Practices Manual. The Contractor is responsible for securing any forestry authorizations that may be required under Chapter 40A-44, Florida Administrative Code, and/or any other local, state, or federal permit or authorization that may be required to conduct the Work.

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20. The Contractor shall accept roads in their present condition and accept responsibility and expenses for any improvements to the roads necessary to complete the Work. During performance of the Work, the Contractor shall maintain all roads in a usable condition, suitable for the vehicular traffic to which the road is normally subjected. The Contractor is solely responsible for maintaining the roads and making them serviceable prior to beginning the Work, as approved by the District. Rutted roads will be back bladed by the Contractor upon completion of the Work and when requested by the Project Manager during the Work.

The District retains the right to close down the Work in inclement weather if damage to roads is deemed by the Project Manager to be too severe.

21. The Contractor shall pay triple stumpage to the District for any un-marked longleaf trees harvested or damaged by the Contractor. Damage to or destruction of young longleaf pine regeneration, especially to young longleaf pine regeneration located adjacent to Harvest Stand boundaries, will result in forfeiture of the Performance Bond. Inadvertent damage to longleaf trees may be waived at the discretion of the Project Manager.

22. The Contractor shall be responsible for ensuring that no piles of logging debris (tops, limbs, stumps, butts, etc.) are left in the Harvest Area. Logging debris may be removed or may be scattered throughout the Harvest Area but shall not be: left in piles or large concentrations in particular area; left along the edges of stands; blocking roadways; blocking designated recreational trails; or piled close to remaining trees. Skidders or other equipment are not allowed to clear logging debris near de-limbers and loading ramps by plowing into the soil with blades.

23. Maintenance of equipment may be conducted on District land only if used oil, hydraulic oil and all other disposable products are captured and properly contained, removed from District land, and properly disposed of. All product containers are to be removed from District land, especially tubes from grease guns and oil/hydraulic fluid containers. Small oil leaks must be fixed immediately upon discovery and before continuing Work. Petroleum-based fluid spills 5 (five) gallons or greater in a concentrated spot shall be reported to the District and cleaned up properly. Petroleum-based fluid spills that are 25 gallons or greater must be reported to the Florida Department of Environmental Protection (“DEP”) with a field inspection made by DEP, and the Contractor must handle such spills according to DEP instructions.

Petroleum-based fluid spills smaller than 5 (five) gallons must also be reported to the District, treated with appropriate absorbent and/or other neutralizing agent, and followed by removal and proper disposal of affected soils. Spills must not be buried with soil and/or sand and left untreated. The Contractor shall shut down and cease using equipment that constantly leaks fluid and/or causes other problems, as determined by the District in its sole discretion, until such equipment is repaired and the Contractor may be required by the District, in its sole discretion, to remove the problem equipment from District land.

24. To minimize the possibility of transporting and spreading exotic plant species, harvesting equipment and skidders must be cleaned of all dirt and plant material prior to moving onto District land, prior to moving to a new Harvest Stand, and again prior to departing the Harvest Area.

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25. Gates/cables must be closed and locked at the end of each workday. A $50 penalty shall be paid by the Contractor for each occurrence of gates/cables left unlocked or open, or for unauthorized change of locks or access.

26. Hauling entry and exit points onto public roads will be specified by the Project Manager for each Harvest Stand. The Contractor is required to provide a minimum of two (2) signs stating: “Trucks Entering and Leaving Highway” (or similar acceptable language) and place the signs in appropriate locations.

27. Gopher tortoises are a protected species and may be present within the Harvest Stands and throughout the Harvest Area. The Contractor and any subcontractors must prevent impacts to tortoises and their burrows, including but not limited to avoiding burrow aprons, tunnels and individual tortoises. Gopher tortoises shall not be injured, captured, moved or removed from District land.

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.

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 represents and warrants that it has 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, F.S., expenditure of District funds for purposes of lobbying, including of the Legislature, judicial branch, or any state agency, is prohibited.

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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 s. 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 contract adjustments must be made within one (1) year following the end of this Agreement.

SECTION 4 – COMPENSATION/PAYMENT

A. The Contractor agrees to complete the Work in strict accordance with all…