RFP 24-001.pdf

NWFWMD RFP No. 24-001: Mitigation Site Management and Support Page 1 of 29

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

Request for Proposals ("RFP") No. 24-001 Mitigation Site Management and Support

The Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333, is issuing a Request for Proposals (RFP) from qualified firms to provide contractual services to assist the District in mitigation site management and support.

The deadline for submission of sealed Proposals is 2:00 P.M. ET, March 28, 2024. The opening of the Proposals is open to the public and will be at District headquarters. Provisions will be made to accommodate those with a disability provided the District is given at least 72 hours advance notice. All Proposals must conform to the instructions in this RFP and comply with applicable Florida Statutes. The respondent must submit the Proposal through DemandStar (see Section 1.7 for more information). Interested parties may obtain a copy of the complete RFP package from the District’s website (http://www.nwfwater.com) or from the State of Florida’s Vendor Information Portal website at: https://vendor.myfloridamarketplace.com/.

https://vendor.myfloridamarketplace.com/

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Table of Contents

1 GENERAL INFORMATION

1.1 Definitions

1.2 Introduction and Purpose

1.3 Scope of Work

1.4 Issuing Office, Date, and Location of Opening

1.5 Schedule

1.6 Delays

1.7 Submission and Withdrawal

1.8 Inquiries

1.9 Addenda

1.10 Equal Opportunity

1.11 Americans With Disabilities Act

1.12 Social, Political and Ideological Interests

1.13 Insurance

1.14 Public Crimes/Discriminatory/Antitrust Violator Vendors

1.15 Inspector General Cooperation

1.16 Prohibited Contact

1.17 Protest of RFP Provisions

1.18 Challenge of District’s Intent to Award Contract

1.19 Development Costs

1.20 Publicity

1.21 Waiver of Minor Irregularities

2 RESPONDENT PROPOSALS

2.1 Proposal Requirements

2.2 District Forms and Rules

2.3 Conflict of Interest

2.4 Respondent Checklist

3 EVALUATION AND CONTRACTING

3.1 Evaluation Criteria

3.2 Contract Awards

3.3 Contract Operations

4 SUBMITTAL FORM

5 EXHIBIT A – AGREEMENT FOR CONTRACTUAL SERVICES

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1 GENERAL INFORMATION

Definitions For the purpose of this RFP, "respondent" means contractor, vendors, consultants, organizations, firms or other persons submitting a Proposal in response to this RFP.

Introduction and Purpose The Northwest Florida Water Management District (District), 81 Water Management Drive, Havana, Florida 32333, is issuing a Request for Proposals (RFP) from qualified firms to provide contractual services to assist the District in mitigation site management and support.

The Selection Committee, composed of District staff, will evaluate and rank the respondents. It is the intent of the District to contract with one or more firms that meet the criteria. The District shall select one or more firms deemed to be the most highly qualified to perform the required services.

The initial contract shall be for a period of up to five (5) years (the “Term”), with an option for a renewal of up to five (5) years (the “Renewal Term”) at the District’s discretion. A contract awarded pursuant to this RFP does not obligate the District to assign any work to a respondent nor does it obligate the District to pay a respondent the rates reflected in the respondent’s Schedule of Costs. The District retains the right to negotiate a lower Schedule of Costs after contract award if it is in the best interest of the District to do so.

Scope of Work

The District seeks assistance from qualified respondents to assist the District in mitigation site management and support.

The District’s mitigation program encompasses seven sites operating under a federally-permitted In-Lieu Fee program, a state- and federally-permitted mitigation bank, and additional mitigation sites. The program, mitigation sites, restoration plans, permits, and performance criteria are described in detail at https://nwfwater.com/water-resources/regional-wetland-mitigation-program/.

Comprehensive management services shall be provided for one or more wetland mitigation and/or restoration sites owned and maintained by the District. Management services shall include, but may not be limited to, the following:

1. Meeting and maintaining compliance with permit conditions;

2. Achieving and maintaining specified performance criteria;

3. Achieving mitigation credit releases;

4. Supporting compatible and safe public access and use.

https://nwfwater.com/water-resources/regional-wetland-mitigation-program/ https://nwfwater.com/water-resources/regional-wetland-mitigation-program/

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The Scope of Work activities include, but are not limited to, those activities listed below which may be assigned to the contractor in performing the Work, in order to meet the above comprehensive management services objectives:

1. Resource mapping; identifies the location(s) and distribution of natural and/or cultural resources;

2. Natural and/or cultural resource inventory. Collect, compile, analyze, and create reports from datasets;

3. Assistance with determination of preferred outcomes for resource management based upon current mitigation plans. This may involve modeling vegetative growth, predicting the results of future management actions, and conducting a cost analysis to verify the most efficient outcome;

4. Assistance with resource management planning to achieve preferred outcomes. This may include (but is not limited to) scope development, engineering, surveying, studies, analysis, and/or permitting;

5. Implement, or assist with implementing, ecological site management projects, including, but not limited to the following:

a. Natural community restoration. Develop and/or implement plans to establish desired plant species on upland, wetland, or submerged sites by either planting individuals, seeding or by natural regeneration methods; and

b. Invasive and Exotic Species Control. Plants or animals. Control of undesirable species designated as non-native or invasive species by mechanical, chemical or other means; and

c. Prescribed Burning. Conduct, subcontract, or supervise prescribed burns, assist with planning and execution of prescribed fire, including assistance with burn plans, or after-action reviews; and

d. Wildfire Response. Suppression/containment assistance; post-burn mop-up and fire effects monitoring;

e. Hydrologic Restoration. Plan, engineer, study, analyze and/or implement projects which improve water flow, groundwater recharge, or restore hydrologic function; and

f. Natural Community Improvement/Mechanical Treatment. Reduction of vegetation/tree density by either machinery/mechanical or hand cutting, chemical or biological control, or other methods; and

g. Fire Line Creation, Improvement, or Maintenance. Planning and execution of fire line creation, improvement, and/or maintenance; and

h. Road Maintenance, Improvement, or Creation. Planning and execution of road maintenance, improvement, or creation; and

i. Timber Sale Preparation. Consult/plan, mark boundaries and/or trees to be harvested in sale; estimate merchantable timber volume by product class; produce

NWFWMD RFP No. 24-001: Mitigation Site Management and Support Page 5 of 29 maps of timber sale area; identify Best Management Practices specifications for timber sale agreements to ensure sale goals are met; and

j. Timber Sale Bidding and Administration. Coordination and/or issuing of timber bids, inspection of timber sale operation to ensure timber buyer adherence to the sale terms and conditions; and

k. Timber/Vegetation Inventory, Data Collection, and Reporting. Analysis of timber and vegetation presented per District formatting/specifications; and use objective sampling methods designed to quantify the species, composition, spatial distribution of vegetation and the analysis of collected information per District formatting/specifications; and

l. Site Preparation. Physical manipulation of restoration/improvement site to enhance the success of reforestation/restoration efforts. Treatments may include earthmoving, roller-chopping, raking, burning or herbicide application; and

m. Insect and Disease Control. Planning and execution of treatment for the control of target insects and disease; and

n. Boundary Marking/Surveying, Boundary Protection, and GPS Mapping.

Physical marking boundaries, creation of barriers, treatment areas, and collection of geospatial coordinate data of natural areas and features using GPS; and

o. Geographic Information System (GIS) Data Creation and Maintenance.

Production of digital geospatial data layers of natural communities, forest stands, treatment areas and other features for inclusion in GIS database according to District specifications.

6. Additional Requirements. The District reserves the right to request additional related services not specified above on an as needed basis.

a. Quality Control (QC) Plan: Contractor, at the District’s request, may be required to submit QC plan within thirty (30) days of Task Order award. Plan shall outline how project work and deliverables from Contractor and any subcontractor’s will be reviewed prior to submittal for District review and acceptance.

b. Quality Assurance/Performance and Cost Report: Contractor, at the District’s request, may be required to prepare and submit a monthly performance and cost report that indicates the current status of funds, man-hours and requested payment.

c. Hours of Operation: On-site operations shall be specified per Task Assignment and per project basis. Generally, daylight hours or as arranged in advance with the unit point of contact.

d. Physical Security: Contractor shall be responsible for safeguarding all equipment, information and property for contractor use. Contractor must establish and implement methods of making sure all keys/key cards/lock combinations issued to the contractor are not lost or misplaced and are not used by unauthorized persons.

e. Special Licenses or Qualifications: Contractor must have or be able to obtain any licenses, permits, or certifications required to perform these tasks, or identify and retain a subcontractor that has the required qualifications. Additional

NWFWMD RFP No. 24-001: Mitigation Site Management and Support Page 6 of 29 certifications or licenses may be required to perform prescribed burns or to apply pesticides or herbicides and shall be provided by Contractor before work is authorized.

f. Periodic Progress Meetings: Progress meetings may be requested by the District and held at no cost to the District and shall be at a District facility. Additional meetings at sites locations will be provided for in specific task assignments.

Provisions may be made for telephone or video conferencing when possible.

g. District Furnished Items and Services: The District will provide management plans, resource information, potential constraints, stakeholder information, and any other material that is deemed important toward the success of the project.

h. Contractor Furnished Items: The Contractor shall provide all labor, supplies, equipment, technology, facilities, and services required to perform work under this contract, including the specific equipment necessary to perform the tasks specified in the scope.

Issuing Office, Date, and Location of Opening Northwest Florida Water Management District Attn: Agency Clerk 81 Water Management Drive Havana, FL 32333-4712

THE DISTRICT MUST RECEIVE ALL PROPOSALS BY

2:00 P.M. ET, MARCH 28, 2024, THE DAY OF THE PUBLIC OPENING.

Schedule Respondents shall adhere to the following schedule in all actions concerning this RFP.

Date/Time Action February 29, 2024 District issues Request for Proposals March 7, 2024, 5:00 P.M. Deadline for written inquiries March 28, 2024, 2:00 P.M. Deadline for submission of Proposals March 28, 2024, 2:15 P.M.* Opening of sealed Proposals May 9, 2024, 1:00 P.M.* Governing Board considers Selection Committee’s recommendations

*Denotes a public meeting. All times denote Eastern Time (ET).

Delays The District may delay scheduled due dates in the timetable above 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 on the District’s website and the State of Florida’s Vendor Information Portal website.

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Submission and Withdrawal The respondent must submit the Proposal through DemandStar.

1) Proposals 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.

Instructions for submitting an online proposal is available on the District’s website at:

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

Respondents must submit electronically through DemandStar. Beginning JANUARY 1, 2024, all bid submissions will be accepted through DemandStar only.

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

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

A respondent may withdraw a Proposal by notifying the District in writing at any time prior to the opening. Proposals, once opened, become the property of the District and will not be returned to the respondents.

Respondents must satisfy themselves of the accuracy of their response by examination of the criteria and specifications including addenda. After Proposals 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.

Proposals received by the District in response to this RFP 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 Proposals, whichever is earlier. If the District rejects all Proposals and concurrently provides notice of its intent to reissue the RFP, the rejected Proposals remain exempt from Florida’s Public Records Law until such time as the District provides notice of an intended decision concerning the reissued RFP or until it withdraws the reissued RFP. A proposal is not exempt for longer than 12 months after the initial notice rejecting all proposals.

Proposals 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 proposal opening, whichever is earlier.

http://www.demandstar.com/app/registration https://nwfwater.com/wp-content/uploads/2023/09/DemandStar-overview.pdf https://nwfwater.com/business-finance/district-procurement/

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Inquiries The Procurement Officer may orally explain the District’s procedures and assist respondents in referring to any applicable provision in the Request for Proposal documents. District staff are not authorized to orally interpret the meaning of the specifications or other contract documents, or correct any apparent ambiguity, inconsistency, or error therein. In order to be binding upon the District, the interpretation or correction must be in writing and given by the Procurement Officer.

All inquiries must be received in writing and emailed to the Procurement Officer, Lyn Shiver at Lyn.Shiver@nwfwater.com, no later than March 7, 2024, 5:00 P.M. ET. Inquiries shall reference the date of the RFP opening and RFP title and number. The District will provide answers to substantive questions in the form of a written addendum.

Addenda If revisions become necessary, the District will post written addenda on the District’s website and on the State of Florida’s Vendor Information Portal website. Respondents must satisfy themselves of the accuracy of their response in the Proposal by examination of the criteria and specifications including addenda. Prospective respondents acknowledge they are responsible for determining whether addenda have been issued and are advised to check the websites or with the Procurement Officer prior to submitting their Proposal.

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.

The District encourages participation by minority-, veteran-, and women-owned Certified Business Enterprises and requests that respondents submit evidence of such designation with their Proposal. For further information on designation as a certified business enterprise, visit www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified.

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.

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.

mailto:Lyn.Shiver@nwfwater.com http://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/get_certified

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Insurance The respondent, if awarded a contract, shall maintain adequate insurance in the amount and coverages reflected in the draft contract attached as Exhibit A. In the event the respondent is a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the respondent's insurance coverage, policies or capabilities may be grounds for rejection of the Proposal and cancellation of any ensuing contract.

Public Crimes/Discriminatory/Antitrust Violator Vendors In accordance with ss. 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 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 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.

Inspector General Cooperation The 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.

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 District, 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 shall be grounds for rejecting a Proposal.

Protest of RFP Provisions If a potential respondent intends to protest any term, condition, or specification of this RFP, a notice of intent to protest shall be filed with the District in writing within 72 hours, excluding Saturdays, Sundays, and state holidays, after the posting of this RFP on the District’s website. The potential respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Failure to file a notice of intent to protest or failure to file a formal written protest within the time prescribed in s. 120.57(3), F.S., shall constitute a waiver of proceedings under Ch.

120, F.S., and of the right to contest a term, condition, or specification of the RFP in a protest of an intended award.

mailto:purchasingcustomerservice@dms.fl.gov

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Challenge of District’s Intent to Award Contract

If a respondent intends to protest the District’s intent to award a contract(s), the notice of intent to protest shall be filed with the District in writing within 72 hours, excluding Saturdays, Sundays, and state holidays, after posting of a notice of intent to award a contract(s). The respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Any respondent who files a formal written protest pursuant to Chapter 28-110, Florida Administrative Code, and s. 120.57(3), F.S., shall post with the District at the time of filing the formal written protest a bond pursuant to s. 287.042(2)(c), F.S. Failure to file a notice of intent to protest or failure to file a formal written protest and bond within the time prescribed in Chapter 28-110, Florida Administrative Code, and ss. 120.57(3) and 287.042(2)(c), F.S., shall constitute a waiver of proceedings under Ch. 120, F.S.

Development Costs Neither the District nor its representatives shall be liable for any expenses incurred in connection with the preparation of a Proposal in response to this RFP. Respondents should prepare the Proposals simply and economically, to provide a straightforward and concise description of the respondent's ability to meet the requirements of the RFP.

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

Waiver of Minor Irregularities The District may waive minor irregularities in Proposals 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 RFP 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.

2 RESPONDENT PROPOSALS

Proposal Requirements Proposals submitted for RFP 24-001 to the Northwest Florida Water Management District are to, at a minimum, include the following information:

A. Respondent’s name and business address, and location of branch offices (if any). Firm name and business address of subcontractors (if any) who may be utilized to provide services to the District.

B. A description of the qualifications of the respondent and subcontractors (if any) in providing similar assignments. A brief description of the respondent’s organization, size, range of activities, project team organization chart, and any other appropriate information to describe the organization.

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C. A description of the experience, expertise, and capabilities of the firm(s) and subcontractors (if any) and assigned staff. The Proposal should include descriptions of similar work and projects completed or ongoing, including work performed for the District, where applicable, in the following areas:

Site Management

• Wetland mitigation permit compliance (federal and state)

• Other water resources permit compliance

• Local, state, and federal permitting activities related to restoration activities

• Project site visits and inspections

• Performance criteria accomplishment and maintenance

• Field monitoring and evaluation

• Compilation, synthesis, and integration of multiple work products (e.g., project data, modeling results, recommendations)

• Preparation of technical reports, presentations, and media materials

• Prescribed fire implementation and management

• Assessment, implementation, and monitoring of wetland, terrestrial, and aquatic habitat restoration, which may include streams, emergent wetlands; intertidal habitats;

submerged aquatic vegetation; or other estuarine, freshwater, and coastal marine habitats

• Assessment and implementation of shoreline restoration and protection projects, including alternatives to traditional shoreline armoring

• Wetland, floodplain, riparian, terrestrial, and hydrologic restoration, enhancement, and management (including planning, implementation, monitoring, and/or maintenance)

• Restoration/construction management

Administration

• Project management, including review and approval of invoices, deliverables, and other project information

• Development of scopes of work and schedules

• Budget tracking and management

• Schedule preparation and management

D. A list of the key individuals available to perform work on assigned tasks, including subcontractors (if any), and a resumé for each listed individual detailing their qualifications, experience, and expertise in similar projects. This is to include the individual’s title and a description of his/her specific role(s) in the completion of the tasks.

E. The experience and expertise of the project manager and the project management approach.

F. A summary of the current and projected workload of the respondent and subcontractors (if any) as related to the capacity of the firm to provide the requested services between 2024

NWFWMD RFP No. 24-001: Mitigation Site Management and Support Page 12 of 29 and 2029, and the delivery plan the respondent will use to ensure the District will receive all deliverables including electronic data in a timely manner.

G. Schedule of Costs (hourly and daily rates) for the Term and the Optional Renewal Term

(see Section 1.2 for more information). Titles for assigned staff for the respondent and subcontractors (if any) should be consistent with the submitted Schedule of Costs (hourly rates). Failure to provide a Schedule of Costs for the Term will be grounds for rejecting a Proposal as nonresponsive. Failure to provide a Schedule of Costs for the Renewal Term will result in the respondent being held to the Term rates for any Renewal Term. An example is provided in Attachment A of the draft agreement, which is included in this RFP as Exhibit A. Respondents may add additional staff positions and equipment to the list provided in Exhibit A.

Respondents do not need to submit direct costs or travel expenses as part of the Schedule of Costs. Direct costs for equipment rental or purchases and expenses may be included in specific task orders (see Section 3.3 Contract Operations), dependent on the scope of services, and where included will be billed without mark-up. No mark-up is allowed for labor, expenses, equipment, travel, or any other costs for subcontractors.

H. Three (3) separate client references including the client name, address, telephone number and contact, for whom the respondent has performed similar work in the past five years.

Client references cannot include employees or Governing Board members of the Northwest Florida Water Management District.

I. Identification of known or potential conflict(s) of interest in performing the tasks requested herein (see also Section 2.3).

J. A summary of any pertinent litigation filed against the respondent and subcontractors (if any) during the last three years.

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

Conflict of Interest The award hereunder is subject to Ch. 112, F.S. All respondents shall disclose with their Proposal 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 respondents 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 respondent's firm, subsidiaries, or branches.

Respondent Checklist

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Please review this checklist to ensure that you have properly followed the instructions. Many Proposals are rejected because the respondent simply failed to comply with the preparation and submission requirements.

Have you performed a final review of your Proposal to ensure you included all required documentation (Section 2), including any addenda (if applicable)?

Have you signed and included the Submittal Form (Section 4)?

Have you ensured that your Proposal was submitted properly through DemandStar before the deadline (Section 1.7)? Proposals received after the date and time specified will not be considered.

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3 EVALUATION AND CONTRACTING

Proposals will be evaluated by the District staff selection committee based upon the criteria listed under Section 3.1 Evaluation Criteria. Each committee member will complete a separate evaluation form for each Proposal. The scores of the selection committee members will be averaged and the respondents will be ranked based upon their average scores from highest to lowest. The Governing Board, in its sole discretion, will determine and approve how many contracts to award based upon the ranking of the selection committee starting with the respondent(s) who received the highest average score.

Evaluation Criteria

RFP 24-001 Criteria Maximum Points

1 Firm’s experience and expertise in planning, design, implementation, monitoring and/or maintenance of wetland mitigation programs including, but not limited to, aquatic, hydrologic, and upland restoration and enhancement projects

2 The experience and expertise of the project manager with project management and coordination of task orders, schedule management, budget tracking, compilation and synthesis of technical information, report preparation, and coordinating public involvement and outreach

3 Firm’s experience and expertise in accomplishing and maintaining compliance with permit conditions and in meeting performance criteria

4 Firm’s experience and expertise in accomplishing vegetation and land management projects

5 Cost, as indicated by submitted hourly rate schedule 15 6 Firm(s) experience and expertise of assigned personnel implementing projects in northwest Florida

Current and projected workload of the firm(s) and demonstrated ability to meet time and budget requirements

Total Points Available 100

Contract Awards The District anticipates entering into contract(s) with respondents who submit the Proposals judged by the District to be most advantageous taking into consideration the evaluation criteria set forth in this RFP and the ranking of the selection committee.

The District may award contracts to more than one firm. The initial contract shall be for a Term of five (5) years, with the option for a Renewal Term of up to five (5) years, at the District’s discretion.

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The District reserves the right to reject any and all Proposals, to waive any minor irregularities, and to solicit and re-advertise for other Proposals. Mistakes clearly evident on the face of the Proposal documents, such as computation errors, may be corrected by the District.

The respondent understands that this RFP does not constitute an agreement or a contract with the District. An official contract or agreement is not binding until the contract or agreement is reviewed and accepted by appointed staff, approved by the appropriate level of authority within the District, and executed by both parties. A contract awarded pursuant to this RFP does not obligate the District to assign any work to a respondent.

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

Notice of a contract award shall be posted on the District’s website (https://www.nwfwater.com/Business-Finance/District-Procurement) and on the State of Florida’s Vendor Information Portal website (https://vendor.myfloridamarketplace.com/).

Contract Operations The selected respondent(s) will enter into a contract with the District in the form set forth in Exhibit A attached hereto, which specifies hourly rates to be used as the basis of compensation, invoicing, reporting, payment schedule requirements, financial consequences, and any other provisions required by the District.

This solicitation does not provide any guarantees regarding the quantity or dollar amount of work that may be issued under this RFP. Contract award does not guarantee that any work will be given.

The contract will take precedence in the event of any conflict between language in the contract and this RFP.

https://www.nwfwater.com/Business-Finance/District-Procurement https://vendor.myfloridamarketplace.com/

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4 SUBMITTAL FORM

The undersigned, as respondent, hereby declares and certifies that the only person(s) or entities interested in this Proposal as principal(s), or as persons or entities who are not principal(s) of the respondent but are substantially involved in performance of the work, is or are named herein, and that no person other than herein mentioned has any interest in this Proposal or in the agreement to be entered into; that this Proposal is made without connection with any other person, company, or parties submitting a Proposal; and that this Proposal is in all respects fair and in good faith without collusion or fraud.

Respondent represents to the District that, except as may be disclosed in an addendum hereto, no officer, employee, or agent of the District has any interest, either directly or indirectly, in the business of respondent to be conducted under the agreement, and that no such person shall have any such interest at any time during the term of the agreement, should it be awarded to respondent.

Respondent further declares that it has examined the agreement and informed itself fully regarding all conditions pertaining to this solicitation; it has examined the specifications for the work and any other agreement documents relative thereto; it has read all of the addenda furnished prior to the response opening; and has otherwise satisfied itself that it is fully informed relative to the work to be performed.

Respondent agrees that if its Proposal is accepted and an agreement negotiated with the District, respondent shall contract with the District in the form of the attached agreement and shall furnish everything necessary to complete the work in accordance with the time for completion specified in the agreement and shall furnish the required evidence of the specified insurance.

Authorized Signature Position or Title

Typed Name of Above Signature Agency or Company

Unsigned Proposals 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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5 EXHIBIT A – AGREEMENT FOR CONTRACTUAL SERVICES

Agreement for Mitigation Site Management and Support

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. The Contractor shall perform and render all services and deliverables hereunder (the “Work”) as an independent contractor of the District and not as an agent, representative, or employee of the District.

Services and deliverables rendered shall be provided in accordance with the Contractor’s proposal submitted under RFP 24-XXX entitled “Mitigation Site Management and Support” incorporated herein by reference, and Task Orders when issued to the Contractor, at the discretion of the District.

B. New Task Orders issued by the District will include a new Task Order number and a statement of the

Work to be performed. Within fourteen (14) days of receipt of any Task Order Request (TOR) issued by the District, the Contractor may be requested to submit a detailed Scope of Work (SOW), detailed fee proposal, and schedule to the District based on the project description specified by the District or its authorized representative as “the Scope of Work” for the TOR. All work by the Contractor associated with preparation of SOWs, detailed fee proposals and, schedules shall be solely at the expense of the Contractor.

C. Within seven (7) days of delivery of a SOW, schedule, and detailed fee proposal for any TOR, the

Contractor shall be available to meet and discuss the project as requested with District representatives to negotiate the final SOW and fee for the Task Order. At the discretion of the District, negotiations concerning a SOW and fees may be conducted by teleconference at a date and time specified by the District.

D. As part of this Agreement, the Contractor may be called upon to provide expert testimony by legal counsel representing the State of Florida and/or the District. Such requests would also be through a Task Order negotiated at a fair price for goods and services.

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 caused by the Contractor and identified by the District in reports, drawings, and in conjunction with all other Work provided for under this Agreement.

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B. The District’s approval of field activities, reports, drawings, other services, and incidental Work or materials furnished hereunder shall not in any way relieve the Contractor of responsibility for the technical adequacy of its Work. For the purposes of this Agreement, technical adequacy shall refer to the performance of all Work in accordance with the Quality Assurance requirements set forth in the Contractor’s proposal with said Work performed in accordance with the generally accepted standards and professional practices. The District’s review, approval, acceptance, or payment for any of the Work shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

D. 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.

E. 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.

F. 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.

G. The Contractor represents 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.

H. 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 or Renewal Term, as defined herein. As provided in ss. 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

I. The Contractor covenants that it presently has no conflict of interest and shall not acquire any interest which would conflict in any manner or degree with the performance under this Agreement.

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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 year following the end of this Agreement.

SECTION 4 – COMPENSATION

A. Maximum compensation under this contract shall be determined by the collective Task Orders issued under the terms of and during the Term or Renewal Term, as defined herein, and shall not exceed the availability of funds and current budget authorizations as approved by the District’s Governing Board.

Each Task Order shall stand apart from all other Task Orders and shall not extend a SOW or funding to or from another Task Order.

B. The Contractor shall submit invoices no more frequently than monthly per the requirements of each

Task Order. Each invoice submitted must be in detail sufficient for pre-audit and post-audit review. A final invoice must be submitted within thirty (30) days after the expiration date of the Task Order to assure the availability of funding for final payment.

C. Unless otherwise specified within a Task Order, the compensation amount will be determined on the basis of the hourly and/or daily rates as set forth in Attachment A, Schedule of Costs, attached hereto and made a part hereof, or on the basis of a negotiated fixed fee (e.g. acre, foot, mile, hour, ton, yard, plot, day, etc.). Compensation for all Task Orders and, if required, subtasks of each Task Order, will be pre-approved by the District and subject to negotiations as outlined in Section 1. Any subcontractor fees and other direct expenses required for completion of a Task Order will be billed at actual cost without mark-up and must be identified and pre-approved by the District in the Task Order. All travel shall be in accordance with s. 112.061, F.S., and District policy which requires pre-approval by the District. In such instance, travel expenses must be submitted on District travel forms.

D. An original invoice, including appropriate backup documentation, shall be submitted to both the

District Project Manager, at the contact information included in Section 6.B., and the District’s Accounting Department at: AccountsPayable@nwfwater.com.

E. For any invoice, the District will not reimburse the Contractor for payment of sales tax.

SECTION 5 – TIME OF PERFORMANCE

A. This Agreement is effective on the last date of execution by a party (the “Effective Date”) and shall remain in effect for five (5) years (60 months) from the Effective Date (the “Term”). The District’s performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Florida Legislature and/or approval of the District’s annual budget.

B. By formal amendment in writing and agreed upon by both parties, the District may renew this

Agreement for a time period not to exceed five (5) years (the “Renewal Term”), subject to availability of appropriated funds in each fiscal year of the District.

C. Individual completion dates for Work to be performed shall be included in each Task Order and shall be completed within the Term or Renewal Term, as applicable.

mailto:AccountsPayable@nwfwater.com

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SECTION 6 – 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 in 6.B. If sent by electronic mail, notices shall be considered delivered at 5:00 PM on the day sent, or 9:00 AM the following day if sent after 5:00 PM. If sent via other means authorized by this paragraph, notices shall be considered delivered when reflected by a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient.

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

Philip Garrett Northwest Florida Water Management District 81 Water Management Drive Havana, FL 32333-4712 Telephone No.: (850) 539-9999 E-mail Address: Philip.Garrett@nwfwater.com

The Contractor Project Manager for this Agreement is identified below:

[Name], or successor [Company Name] [Office or Program Name, if applicable] [Mailing Address] [City, State and Zip] Telephone No.: (XXX) XXX-XXXX E-mail Address:

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

D. The District and the Contractor may, by written order designated to be a Task Change Order, agree that additional Work shall be undertaken for Task Orders issued within the general scope of this Agreement.

E. All Work shall progress as stipulated and provided in approved Task Orders as described in Section 1, “Scope of Services.”

F. The District shall, at its sole discretion, determine whether the Work has been satisfactorily completed.

mailto:Philip.Garrett@nwfwater.com

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SECTION 7 – INSURANCE

A. The Contractor shall maintain adequate insurance coverage at all times as follows: General Liability, with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate; $1,000,000 per occurrence for personal injury; and $1,000,000 for property damage; Automobile Liability, with combined single limit of not less than $1,000,000; Workers Compensation and Employers Liability, with limits not less than $1,000,000 for each accident for Bodily Injury by Accident, $1,000,000 policy limit and $1,000,000 each employee for Bodily Injury by Disease. The District shall be named as “Additional Insured”.

B. The Contractor shall provide satisfactory evidence that the Insurance Policy does not include Policy Exclusions for Prescribed Burning activities, or the Contractor will maintain an adequate insurance Consulting Forester Policy for…