FWC 21.22-85 Invitation to Bid - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 21/22-85

FT. PIERCE INLET STATE PARK OYSTER RESTORATION

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying and placing up to 200 tons of 4"-6" limestone in Tucker Cove to provide settling habitat for oysters, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in this ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this ITB in any way, does not contain all the properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price Sheet may be considered nonresponsive at the discretion of the Procurement Manager.

Responsible Companies: The Commission shall only consider responsible companies. Responsible companies are those that have, in the sole judgment of the Commission, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The Commission may also consider references and quality to determine the responsibility of the bid. The Commission reserves the right to use any information, whether supplied through the Bidder’s submission or otherwise obtained, in determining responsibility.

Rejection of Bids: The Commission reserves the right to reject any and all bids and to waive any minor irregularity in the submissions received in response to this ITB. The Commission reserves the right to consider all information, whether submitted or otherwise, to determine responsiveness and responsibility and to reject bids accordingly.

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ___________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety.

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 2 of 52

CALENDAR OF EVENTS

FWC 21/22-85

SCHEDULE DUE DATE METHOD

Bid Advertised April 25, 2022 Posted on the MFMP VIP:

https://vendor.myfloridamarketplace.com

NON-MANDATORY Pre-Bid

Conference

May 4, 2022

@ 10:00 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

May 6, 2022

@ 12:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to

Written Questions May 9, 2022

Posted on the MFMP VIP:

https://vendor.myfloridamarketplace.com

SEALED BIDS DUE

(REMEMBER: The bid number should be clearly marked on envelope)

Must be received

PRIOR to:

May 17, 2022

@ 3:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening May 17, 2022

@ 3:00 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference-

Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award May 19, 2022

Posted on the MFMP VIP:

https://vendor.myfloridamarketplace.com https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 3 of 52

GENERAL CONDITIONS

FWC 21/22-85

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 4 of 52

PROCUREMENT MANAGER

Weston McKain

Weston.McKain@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $50,000.00.

TERM

The contract will be effective one year upon issuance of initial Purchase Order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract

Manager will review the extension request and if they determine it is justified, will forward to the Bid

Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The

Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment.

The List of Subcontractors (Attachment C) shall be included with bid submission.

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the

Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

NON-MANDATORY PRE-BID CONFERENCE/SITE VISIT MEETING

A non-mandatory pre-bid conference/Site Visit Meeting will be held at location name/address/longitude and latitude on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/Site Visit Meeting is to discuss the contents of this ITB and to accept verbal questions from

Bidders concerning the project. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/Site Visit, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/Site Visit shall not be binding on the Commission, and the

Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

LOCATION:

mailto:Weston.McKain@myfwc.com mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 5 of 52

Ft. Pierce St. Park, 905 Shorewinds Dr., Ft. Pierce (27.484235, -80.301785)

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any

Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

DEADLINE FOR QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the MFMP Vendor Information

Portal (https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes 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 Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION INQUIRIES

If the specifications of this Invitation to Bid (ITB) could restrict potential Bidder competition, the Bidder has 72 hours within which to request to the Commission that the specification(s) be changed. The

Procurement Manager must receive the written request within 72 hours after the posting date of the ITB.

Requested changes to the Commission’s specifications shall include the Bidder’s concerns regarding restricting competition, provide detailed justification, and provide recommended changes to the specification(s). A Bidder’s failure to request changes by the prescribed date and time shall be considered to constitute the Bidder’s acceptance of the Commission’s specifications.

The Commission shall determine what change(s) to the ITB is acceptable to the Commission. If accepted, the Commission shall issue an addendum reflecting the change(s) to the ITB, which shall be posted to the

MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com).

It is up to the bidder to ensure that everything is included as required by the Commission’s Purchasing

Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Bid packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488-

6551. Please have bid number and Bidder information available when requesting any information.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

MFMP Vendor Information Portal internet site. Each Bidder is responsible for monitoring the MFMP

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 6 of 52

Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Bidder’s failure to obtain the information made available through the MFMP

Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the

State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

Current contact names and phone numbers shall be included with the bid package. See the attached references form for more detail.

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment D) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 7 of 52 thirty (30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester. The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

All bids shall be submitted in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

The envelope shall be plainly marked on the outside with: BID NUMBER, DATE AND TIME OF THE BID

OPENING.

THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED.

PLEASE NOTE: The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price.

If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next lowest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency

Decisions on the Department of Management Services MFMP Vendor Information Portal as a Public Notice.

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 8 of 52

The Agency Decision may be viewed at https://vendor.myfloridamarketplace.com and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any

Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:

• review, verify, and approve receipt of services/deliverables from the Contractor;

• submit requests for change orders/amendments/renewals, if applicable;

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the

Certificate of Contract Completion form; and

• maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required documentation has been received by the Commission and the commission has approved the limestone to be used. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment E) from the Contract

Manager.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 9 of 52

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion has occurred.

Upon satisfactory completion of the work, the Contractor shall send the Contract Manager a notarized

Certificate of Contract Completion (Attachment F) and the contract shall be deemed completed upon the issuance date of such Certificate.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $200.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

Permitting for this project, if needed, is the responsibility of the Commission. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the

Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this ITB contract, such agencies http://www.sunbiz.org/ http://dos.myflorida.com/

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 10 of 52 shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

The bidder is required to examine carefully the conditions and specifications of this bid and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 11 of 52

SCOPE OF WORK

FWC 21/22-85

FT. PIERCE INLET STATE PARK OYSTER RESTORATION

1. PROJECT OVERVIEW

1.1 Purpose

1.1.1 The purpose of this project is to enhance the existing natural oyster reef beds within

Tucker Cove at Ft. Pierce Inlet State Park by adding natural limestone substrate.

1.1.2 Fort Pierce Inlet State Park is comprised of 340 acres located just north of the Fort

Pierce Inlet, on North Hutchinson Island, near Fort Pierce (see 5. MAPS). It consists of beaches, dunes and a coastal hammock between the Atlantic Ocean and the waters of the

Indian River Lagoon.

1.1.3 Natural eastern oyster beds (Crassostrea virginica) occur throughout the Indian River

Lagoon, including within Tucker Cove, a shallow 16-acre estuary which is an indentation of the Indian River Lagoon just to the north of Fort Pierce Inlet.

1.1.4 Oysters occur in low densities as loose shell clusters along shallow firm substrate shorelines, and on mangrove roots. Low density at this site may be due in part to limited substrate, as the northern third of the cove consists of soft, mucky bottom.

1.2 Background

1.2.1 This project is a partnership between the Florida Fish and Wildlife Conservation

Commission (FWC) and the Florida Department of Environmental Protection (FDEP).

FDEP holds a current South Florida Water Management District Permit (Environmental

Resource General Permit No. 56-105431-P) and US Army Corps of Engineers Permit

(SAJ-2008-00308(NW-LCK)) authorizing this work.

1.2.2 The Contractor is responsible for adhering to all conditions set forth in these permits.

The Contractor is committed to completing the project as indicated in the project illustrations (see 5. MAPS) unless otherwise directed, in writing, by the FWC Project

Manager.

1.3 Work to be Performed

1.3.1 Limestone bedding will need to be purchased by the Contractor and approved by the

Commission. The limestone shall meet the specifications required by all applicable permits and be of adequate size and composition to meet the ecological goals of the project (see 4. LIMESTONE SPECIFICAITONS).

1.3.2 No filter fabric will be required to complete this project

1.3.3 It will be the responsibility of the Contractor to obtain and transport up to 200 tons of native limestone to the staging area within Ft. Pierce Inlet State Park (see 5. MAPS).

1.3.4 The Contractor will then move the limestone material to the designated project area from the staging area (see 5. MAPS). A shallow draft barge and loading equipment is recommended for this portion of the project.

1.3.5 Once in the designated project area, the Contractor will place the limestone in no more than ten individual patches roughly 10 feet by 20 feet (see 5. MAPS). Care will be taken not to damage any mangrove roots. Any material placed within a foot of a mangrove root will be placed by hand.

1.3.6 Limestone (4” to 6”) will be deposited along the Tucker Cove shoreline within polygons, covering approximately 2,000 ft2 at 1-1.5 ft depth, clearly demarcated by the FWC

Project Manager and/or the FDEP Project Manager.

Ch. 287 Invitation to Bid – Revised 3.4.2022 FWC 21/22-85, Page 12 of 52

1.3.7 The Contractor will be responsible for ensuring limestone is not placed outside of the marked boundaries. Seagrasses, oysters, mangrove branches, roots and pneumatophores, and horseshoe crabs surround and possibly reside within the project area.

1.3.8 The Contractor and staff must not stand, walk, place equipment, moor vessels, or place limestone on these natural resources. If the Contractor identifies natural resources within the project area, they must immediately notify the FWC Project Manager and

FDEP Project Manager. If a natural resource element is damaged, the FWC Project

Manager and FDEP Project Manager must be notified immediately.

1.3.9 All vehicles and equipment must be pre-approved by the Commission prior to use.

1.3.10 The Contractor must provide a weekly work plan to the FWC Project Manager (format will be approved by the FWC Project Manager through coordination with the Contractor) and FDEP Park Manager at least two days prior to the start of the work week. This plan will include the Contractor’s planned work times for each day.

1.3.11 Note that the Park will be open during the work period and the Contractor may have to alter the work schedule to accommodate scheduled Park events.

1.3.12 The Contractor must present a daily work plan to the FWC Project Manager and the

FDEP Park Manager at the beginning of every workday.

1.3.13 The daily work plan will include the number of staff that will be working that day, the amount of limestone anticipated to be moved that day, the areas where the Contractor plans to be working, and the equipment the Contractor will be utilizing that day.

1.3.14 Weekly work plans must obtain written approval from the FDEP Park Manager (or their designee) and the FWC Project Manager prior to implementation. Daily work plans shall be verbally discussed with FWC Project Manager and FDEP Project Manager prior to implementation. FWC and/or FDEP Project Managers will be on-site with the contractor at all times.

2. DELIVERABLES

2.1 The Contractor will provide the Commission with a final report summarizing the placement, depth, and approximate quantity of limestone moved and placed.

2.2 The Contractor shall submit the final invoice to the FWC Project Manager by June 15, 2022.

3. COMPENSATION AND PAYMENT

3.1 The Contractor will submit an invoice upon completion of the project and submission of the final report.

3.2 The FWC will pay the Contractor for the amount of material placed. The Contractor will supply to the Project Manager a delivery receipt for each truck load of material that is delivered to the project site. This receipt will contain the delivery date, the weight (in lbs.) of the load, and the size of rock that has been delivered.

3.3 The final invoice must be received by the Commission Project Manager no later than June 15, 2022 to ensure payment for the invoiced services.

4. LIMESTONE SPECIFICATIONS

4.1 All limestone shall be durable material as approved by the Commission.

4.2 The Contractor shall show that an adequate quantity of material is available from the proposed source.

4.3 Stone shall be of a suitable quality to ensure permanence in the structure and in the climate in which it is to be used.

4.4 It shall be free from cracks, blast fractures, bedding, seams, and other defects that would tend to increase its deterioration from natural causes.

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4.5 If, by visual examination, it is determined that 10 percent or more of the stone produced contains hairline cracks, then all stone produced by the means and measures which caused the fractures shall be rejected.

4.6 A hairline crack that is defined as being detrimental shall have a minimum width of 4 mm and shall be continuous for one-third the dimension of at least two sides of the stone.

4.7 All stone shall be clean and reasonably free from soil, quarry fines, and shall contain no refuse. All stone shall be hard, dense, durable, and well graded within specified limits. The least dimension of any stone shall not be less than two-thirds its greatest dimension. Flatter stone will not be accepted. The inclusion of objectionable quantities of dirt, sand, clay, and rock fines will not be permitted.

4.8 Submittals: The following items shall be submitted to the FWC for review and written approval at least seven (7) calendar days prior to acceptance and delivery of materials to the work site:

4.8.1 Product Data:

a. Submit the Source

4.8.2 Test Reports:

a. Submit a Gradation Test, including Physical Properties and Composition.

b. Physical Properties: The tests to which stone from each quarry shall be subjected shall include carbonates, unit weight, absorption, sulfate soundness and abrasion. Stone shall meet the following criteria:

Test Criteria

Unit Weight ASTM C-127 minimum 140 lb/cf

Absorption ASTM C-12 Less than 5%

Sulfate Soundness ASTM C-88 Less than 12% loss 5 cycles

LA Abrasion ASTM C-535 Less than 45% loss 1000 rev.

Carbonates FM 5-514 >70%

c. Composition: The minimum percentage of carbonates of calcium and magnesium for limestone shall be at least 70%.

4.9 Testing and studies

4.9.1 Sources: Stone may be furnished from any source designated by the Contractor and accepted by the FWC, subject to the conditions herein stated. The Contractor shall conduct a test to assure the acceptability of the stone with a minimum of one set of tests of the five (5) physical properties as identified in 1.2.a.1. All testing shall be performed by the Contractor at no additional cost to the FWC.

4.9.2 Selection of Source: The Contractor shall designate, in writing, a source or combination of sources from which he proposes to furnish stone. It is the

Contractor’s responsibility to determine that the stone source or combination of sources selected is capable of providing the quality, quantities, and gradation. If a source for stone, so designated by the Contractor, is not accepted for use by the

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FWC, testing of other sources shall be performed by the Contractor at no additional cost to the FWC.

4.9.3 Acceptance of Materials: Acceptance of a source of stone is not to be construed as acceptance of all material from that source. The FWC reserves the right to reject stones from certain localized areas, zones, strata, or channels, when such stones are unsuitable for use as determined by the FWC. During the course of a job, it is the responsibility of the Contractor to monitor and ensure that all stone being used meets the specifications required by this document. The FWC also reserves the right to reject individual stones at the quarry and at the delivery site when such stones are determined to be unsuitable. During the course of the work, stones may be tested by the FWC.

4.9.4 Stone shall be graded as shown below:

Stone Size (in.) Weight (lbs.) % of Stones Less Than

9 39 100

6 90

4 3.3 0

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5. MAPS

Figure 1. Tucker Cove Location. Tucker Cove is located just north of Ft. Pierce Inlet and in between the

Atlantic Ocean and Indian River Lagoon.

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Figure 2. Staging area map. Staging area occurs on an internal road of Ft. Pierce Inlet State Park that does not allow public access.

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Figure 3. Project Area Location Map. The project area is located northwest of the kayak concessionaire near a mosquito impoundment outflow, approximately 0.4 miles from the staging area by water.

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Figure 4. Project Area Map. The project area footprint is approximately 7300 square feet and will consist of 10 patches of limestone approximately 20 cubic yards each.

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PRICE SHEET

FWC 21/22-85

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

Actual amounts of units contracted for may be more or less based on available budget.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL PRICE.

Description: Provide and place up to 200 tons of limestone bedding in accordance with the Scope of Work.

UNIT PRICE (PER TON) $_______________________________________________

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH

EACH ITEM AND THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT

BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF FREEDOM OF

COMPETITION.

Contractor: _______________________________

Address: _________________________________

Signed: ___________________________________

Print Name: ______________________________

Title: ____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

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REFERENCES

FWC 21/22-85

A minimum of three (3) references from persons or firms for whom the bidder has performed similar jobs as per the specifications in this bid must be supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

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NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

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ATTACHMENT A

FWC 21/22-85

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: February 16, 2022

Section 1. PURCHASE ORDER.

A. Composition and Priority.

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract

Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term.

Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the

Purchase Order end date.

Section 2. PERFORMANCE.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of

Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the

Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time frame specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.

The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the

Contractor may invoice the Commission for the retained amount during the next billing period. If the

Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities.

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the

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Purchase Order must comply with all security and administrative requirements of the Commission.

The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission’s security or other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Purchase Order. The Commission may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.

D. Assignment.

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the

Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the

Commission expressly waives such secondary liability. The Commission may assign the Purchase

Order with prior written notice to the Contractor.

E. Damages to State Property.

Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor while working on this project shall be the responsibility of the

Contractor to remedy, as determined by the Commission. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while on the job site.

Should any historical or cultural artifacts be uncovered, the Contractor shall immediately halt work and notify the Commission’s Contract Manager. Please note: The State Archaeologist has the power to halt work if he or she has reason to believe artifacts are being disturbed.

F. Subcontractor Minority Status Report.

Contractor shall provide a Subcontractor Minority Status Report (Attachment B) to the Commission’s

Contract Manager, summarizing the participation of certified and non-certified woman-, veteran-and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors. The Office of Supplier Diversity can assist in furnishing names of qualified woman-, veteran- and/or minority-owned business enterprises.

Contact the Commission’s Minority Coordinator at (850) 488-6551 with any questions.

G. Independent Contractor.

The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. The Contractor agrees to include this provision in all its subcontracts under the Purchase Order.

H. Commission Rights to Undertake or Award Supplemental Contracts.

The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Purchase Order.