FWC 22-23-15 FINAL.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-15

LAKE TOHOPEKALIGA AQUATIC PLANT HARVESTING

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for mechanical removal of aquatic vegetation and associated organic sediments within Lake Tohopekaliga (Osceola County), Florida, 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 4.18.2022 FWC 22/23-15, Page 2 of 52

CALENDAR OF EVENTS

FWC 22/23-15

SCHEDULE DUE DATE METHOD

Bid Advertised August 29, 2022 Posted on the Vendor Information Portal:

https://vendor.myfloridamarketplace.com/

NON-MANDATORY Pre-Bid

Conference

September 6, 2022

@ 10:30 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

September 9, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to

Written Questions September 13, 2022

Posted on the Vendor Information Portal:

https://vendor.myfloridamarketplace.com/

SEALED BIDS DUE

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

Must be received

PRIOR to:

September 20, 2022

@ 10:30 AM 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 September 20, 2022

@ 10:30 AM 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 September 22, 2022

Posted on the Vendor Information Portal:

https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 3 of 52

GENERAL CONDITIONS

FWC 22/23-15

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 4.18.2022 FWC 22/23-15, Page 4 of 52

PROCUREMENT MANAGER

Christopher Melkun

Christopher.Melkun@MyFWC.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $300,000.

TERM

The contract will be effective one year upon issuance of 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 1601 Scotty’s Road Kissimmee, Florida 34744, GPS waypoint: 28.26249˚N -81.38372˚W 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.

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 4.18.2022 FWC 22/23-15, Page 5 of 52

A location map is included in Figure 1.

FWC Boat Ramp

1601 Scotty's Road

Kissimmee, Florida 34744 GPS waypoint: 28.26249˚ N -81.38372˚ W

NON-MANDATORY BIDDER SITE VISIT

A non-mandatory site visit is open to prospective bidders, allowing them to inspect the project site prior to submitting a bid. Bidders shall visit the sites on their own. FWC will only issue an official written response to questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

FWC Boat Ramp

1601 Scotty's Road

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 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.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 6 of 52

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

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

Vendor Bid System internet site. Each Bidder is responsible for monitoring the 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 Vendor Bid System.

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.

If two (2) or more bids which are equal with respect to price, quality, service, and submittal of the required documentation regarding the implementation of a drug-free workplace program are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a certified minority owned business shall be given preference in the award process.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 7 of 52

If two (2) or more bids which are equal with respect to price, quality, service, submittal of the required documentation regarding the implementation of a drug-free workplace program, and are equal in regard to certification as a minority-owned business are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid shall be determined via random selection of vendor names out of a container. This process shall be witnessed by no less than two individuals, and the contract file shall contain the names of the witnesses and the person supervising the drawing. The documentation of the tie bid determination will be provided publicly after the determination is complete.

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 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.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 8 of 52

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 Vendor Information Portal as a Public Notice. 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 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 4.18.2022 FWC 22/23-15, Page 9 of 52 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 Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment E) from the Contract Manager.

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 $100 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.

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s), or the purchase price shall be refunded. The refund or the delivery of the replacement product(s) shall be made within thirty (30) days following the Contract Manager’s notification to the Contractor that the original product(s) was non-compliant. Costs of returning the original product(s) will be the sole responsibility of the Contractor.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 10 of 52

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 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.

http://www.sunbiz.org/ http://dos.myflorida.com/

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 11 of 52

SCOPE OF WORK

FWC 22/23-15

LAKE TOHOPEKALIGA AQUATIC PLANT HARVESTING

Project Objective

The Florida Fish and Wildlife Conservation Commission (Commission) has identified the need to remove non-mobile nuisance and noxious aquatic and wetland vegetation and associated organic detrital material for the purpose of enhancing valuable fish and wildlife habitat of Lake Tohopekaliga (Non-mobile aquatic vegetation and associated organic sediments is defined as “those plants and sediments that are unlikely to move from its location prior to Contractor removal and are feasible to be bid on a "per-project" or "per-acre" basis. This definition does not preclude mobility of the material after removal work has begun for which the

Contractor is responsible [see "Deployment and Maintenance of Appropriate Turbidity Control Devices"]).

Project Location

Lake Tohopekaliga is a 18,810-acre lake located in Osceola County, Florida in Kissimmee at Geographic

Location: Latitude 28o 16’ 16.78”N and Longitude 81o 23’ 49.61”W (Figure 1).

FWC Boat Ramp

1601 Scotty's Road

Project/Work Schedule

The Contractor shall have two Notice to Proceeds issued for this project. The first “Notice to Proceed” date (on or about September 29, 2022) until November 10, 2022, to mobilize equipment, conduct aquatic plant harvesting, deposit aquatic plant material onto identified in-lake upland disposal islands, contour disposal islands, clean-up staging/access areas in Site 1A and 1B (Figure 2; red polygons) and mobilize all equipment to site 2 (Figure 2; purple polygons) once Site 1 is completed. All work must be completed in Site #1 by November 10, 2022.

The 2nd Notice to Proceed will be issued once the Contractor has completed Site 1. The Contractor has from the date of the 2nd Notice to Proceed until December 20, 2022 to mobilize equipment, conduct aquatic plant harvesting, deposit aquatic plant material onto identified in-lake upland disposal islands, contour disposal islands, clean-up staging/access areas to clean up and demobilize (all equipment removed from project site and off the lake) in Site #2A and Site #2B. All material for Site #2 A and B will be disposed on the in-lake disposal island north of Site #2 or the island immediately adjacent to the southern border of Site #2.

The awarded contractor agrees to abide by the Project Manager’s decision as to which disposal island(s) can be utilized if the Project Manager determines that the contractor’s efficiency/productivity is not at a level to accomplish project goals within the allotted project timeframe.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 12 of 52

PROJECT SPECIFICATIONS

The project consists of four work areas in the same location of Lake Tohopekaliga (Big Grassy Island and the mouth of Goblets Cove). Each work site and disposal site will be delineated by a digital polygon (Figure

2). A list of GPS coordinates will be provided to all attending Contractors at the Pre-bid meeting. Google

Earth™ (.kmz or .kml) digital polygon files depicting the work sites will be provided to the prospective vendors.

Aquatic Plant Removal and Spoil Transport

The primary aquatic plant species to be removed on all sites include: primrose willow (Ludwigia spp.), cattail (Typha spp.), spatterdock (Nuphar advena), burhead sedge (Oxycaryum cubensis), and knot weed

(Polygonum densiflorum); however, any plant species WITHIN the boundaries of the work sites shall also be removed in order to accomplish project goals. Removal of plants defined, for the purpose of this project, as removal of all floating, emergent, and submerged portions of all plants and associated organic and detrital material within the designated awarded work area to mineralized soil.

Beneficial plant species present within the work sites should be avoided to the extent possible, including emergent and submersed plants such as bulrush (Scirpus spp), spikerush (Eleocharis spp), water lilies

(Nymphaea spp), eelgrass (Vallisneria americana), Illinois pondweed (Potamogeton illinoensis), etc. When traversing from work site to the disposal island the Contractor will avoid passing through areas that have beneficial plant species.

The four work areas are delineated in Figure 2. Google Earth™ (.kmz or .kml) files will be provided to contractors. Work site acreages are:

SITE #1A 9.3 ACRES

SITE #1B 6.7 ACRES

SITE #2A 11.2 ACRES

SITE #2B 5.8 ACRES

Total acreage of the work areas, as of June 2022, is calculated to be 33 acres, within which all plants and associated organic detrital material shall be removed and placed on designated permitted in-lake upland disposal islands. All targeted area acreages and associated material volume calculations should be independently verified by the Contractor before submitting a bid on the project.

The Commission Project Manager will determine the sequence in which all work sites will begin, and harvesting will be conducted.

The Commission Project Manager will be present frequently to direct equipment operators, answer questions and concerns and make decisions pertaining to the project.

Mobilization and Deployment of Equipment

Barge-mounted excavators with a rake attachment or bucket that allows excess water to be decanted are required to remove the bulk of the aquatic plant material from each of the sites listed above. Floating aquatic harvesters are recommended to perform clean-up of plant and organic material that is floating or that has been dropped to the bottom during the removal process. However, at the Contractor’s discretion, the Contractor shall provide and maintain any floating-type mechanical-removal equipment capable of removing aquatic plants and associated organic sediments up to three (3) feet thick as identified above for the duration of the project. When formulating the total bid, the Contractor shall consider using as many pieces of mechanical-removal equipment as necessary to complete the project in the time frame as

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 13 of 52 specified by the WORK SCHEDULE and the Commission Contract Manager and/or Commission Project

Manager.

“Cookie-cutters” or other aquatic plant-shredding equipment shall not be used. Tracked (e.g., excavators, bulldozers) or wheeled (e.g., off-road dump trucks) equipment shall not be used in direct contact with the lake bottom, unless the equipment is specifically designed for amphibious use (manufacturer design specifications of the proposed equipment must be approved in writing by the Commission Contract

Manager and/or Commission Project Manager prior to use). If non-amphibious equipment is proposed for use on the lake bottom, matting material must be used to prevent rutting of the lake bottom and preserve any subterranean archeological or geological conditions that may exist.

In-lake Disposal

The Contractor shall be responsible for transporting aquatic plant spoil material directly from the worksites via transport barges, aquatic harvester, or other floating conveyance vessel to the nearest in-lake disposal island (Figure 2) as directed by the Commission Project Manager. Temporary staging or disposal of harvested material at non-permitted disposal sites is not allowed. The location of the spoil deposition sites have been identified by the Commission Project Manager and will not exceed a distance greater than one

(1) mile from aquatic plant-harvesting areas. If aquatic plants or other material are restricting access to any disposal island, the Contractor shall, as needed to provide access, be required to remove the material restricting access around or to the island. Any material removed shall be placed well up onto the disposal island and compacted as directed by the Project Manager to prevent turbidity and material falling into the adjacent waters. This cost shall be factored into each contractor’s “Aquatic Plant Removal & Disposal” bid.

If water levels fall below 52 ft. NGVD, regardless of equipment used for removal, the Commission Project

Manager will evaluate the project areas to determine if any work can continue. In the event that the project must be suspended due to falling water levels or other factors out of the Contractor’s control (Force

Majeure), the Contractor shall request, in writing, an extension of the Completion Date. If the Commission

Project Manager deems it necessary to issue an extension beyond the stated deadlines in the WORK

SCHEDULE, the Commission Project Manager will have to obtain permission from the FWC Snail Kite coordinator and the US Fish & Wildlife Service and/or the FWC Waterfowl Management Program

Coordinator, before any extension is approved.

Deployment and Maintenance of Appropriate Turbidity Control Devices

Turbidity levels shall be controlled within the 150-meter (492-feet) mixing zone allowed for each work site.

Floating debris (aquatic vegetation, organic material, and/or trash) shall be contained within the areas of aquatic vegetation removal and disposal as designated by the PVC poles delineating each work site. If turbidity levels exceed 24 Nephlometric Turbidity Units (NTU) above natural background conditions outside the mixing zone allowed for each project site or if floating debris is observed outside the designated work areas, the contractor, at his or her expense, shall be responsible for providing, deploying, and maintaining turbidity control devices in a manner that shall effectively isolate each of the project sites from the surrounding area for the duration of the project. Turbidity levels for project sites that lie within the boundaries of an Outstanding Florida Water (OFW) must not exceed background levels outside of the established mixing zone. In consultation with the Commission Contract Manager, the Contractor shall choose the type of turbidity control device used, provided that it effectively contains floating debris and prevents the degradation of water quality in surrounding waters as defined by Rule 62-302.500/530, F.A.C.

(State Water Quality Standards) and is approved by the Commission Contract Manager. The Contractor, at his or her expense, shall also provide the means and personnel to open and close the barrier(s) to allow the mechanical-removal equipment to ingress/egress the work site while transporting material to the off-loading site(s).

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The Contractor shall be responsible for monitoring turbidity levels to ensure compliance with State Water

Quality Standards:

1) Monitoring shall take place during hours of equipment operation;

2) Monitoring sites shall include, but may not be limited to, the outside boundary of the mixing zone and a site within the lake that is outside the influence of the aquatic plant removal activities;

3) Turbidity shall be monitored at least once each workday for at least three workdays per work-week;

4) In addition to turbidity readings, the contractor shall record, for each monitoring site, sample date, sample time, and sample location (in Latitude / Longitude).

5) A copy of the monitoring reports shall be provided to the Commission Contract Manager upon request.

Demobilization

Before de-mobilizing from each disposal island, the harvested material will be consolidated above the high-water level on each island (55 ft. NGVD) and shall be smoothed-out along the pre-existing contour of each island to avoid leaving any uneven mounds of material. Disposal shall not exceed the original footprint of each island as directed by the Commission Project Manager. The Commission Project Manager shall photographically document the spoil islands general shape prior to start of work by the Contractor and use a GPS unit to collect data to document the islands’ global positions and footprint area.

Inspection and Compliance

The Commission reserves the right to inspect the awarded Contractor’s procedures, equipment, materials, and background record prior to making a determination of award status. At its sole discretion, the

Commission has the right to order the immediate replacement of any individual(s) working on behalf of the

Contractor as long as the basis for the replacement is not discriminatory or for any other reason contrary to law. The Commission may take this action if the Commission determines that it is in its best interest to do so but will not be required to provide a reason for requesting the replacement of any individual(s). The

Commission reserves the right to require the Contractor to replace any operating personnel or equipment used in the performance of this contract if the personnel or equipment are violating, or have violated, any state or federal laws; or are unsafe; causing damage; or for any valid reason. In this event, the Contractor shall immediately, upon written or verbal (to be later reduced to writing) communication from the

Commission, provide replacements satisfactory to the Commission at no additional cost.

The Contractor shall supply assurance (with a written agreement from the rental and/or sales company) to the Commission Contract Manager and/or Commission Project Manager that all necessary equipment (as determined by the Commission Contract Manager and/or Commission Project Manager) will be available as required. The Commission Contract Manager and/or Commission Project Manager reserves the right to require that the Contractor demonstrates that the Contractor’s equipment meets the specifications and functional capabilities required for the project. The Commission Contract Manager and/or Commission

Project Manager decision as to whether the proposed Contractor’s equipment specifications required to complete the project shall be final and not subject to legal challenge by the proposed Contractor. Inspection of materials and equipment shall be at such time as may be mutually agreed to by Commission Contract

Manager and/or Commission Project Manager and each proposing Contractor. Such inspection shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the

Commission. If the Commission Contract Manager and/or Commission Project Manager determines the awarded Contractor does not have sufficient equipment, labor and/or positive references, the bid for the awarded Contractor can and shall be voided. The same process shall then be used to evaluate the next lowest bidding (if price-based) or highest bidding (if acreage -based) Contractor.

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Work Completion Documentation

Following the substantial completion of each work area, the Contractor shall schedule an inspection with the Commission Project Manager to determine if the requirements for each work area have been satisfied.

Work area inspection shall take place no sooner than 48 hours following the mutual determination between the Contractor and the Commission Project Manager of work area substantial completion. The “final completion” objective within each work area is “open water”. If targeted aquatic vegetation or organic sediment material is observed floating within the work area upon inspection, the contractor must remove that excess material and transport it to the nearest approved disposal site. Upon removal of that material, the Commission Project Manager will inspect the work area as soon as feasible to determine work area final completion. Any aquatic vegetation or organic sediment material found floating within the work area following work area approval by the Commission Project Manager is not required to be removed by the

Contractor.

All activities conducted during this project are subject to photographic and video documentation, as long as no direct interference with equipment operation occurs. Failure by the Contractor to allow documentation or attempts by the Contractor to prevent documentation of any work activities may result in termination.

Work Experience

The Contractor shall have at least three (3) years of similar work experience as reflected in their References.

Responsibilities of the Contractor

Unless otherwise established in the Purchase Order, the Contractor shall complete all work as set forth in the SOW in full compliance with the terms of this ITB. The responsibilities of the Contractor include, but are not limited to:

1. The Contractor, upon issuance of a Purchase Order, shall initiate operations at the specified project location within ten (10) working-days of the issuance of the work order, unless stated otherwise in the SOW, Purchase Order, or Notice to Proceed from the Commission Project Manager. If the Contractor fails to start work within said ten (10) working-day time period, the Commission shall have the option to terminate the

Purchase Order and award to the next low-bid vendor (if price-based) or next high vendor (if acreage-based).

The Contractor shall notify the Commission Project Manager via electronic mail seven days prior to entering the work site. Prior to initiating work, the Contractor shall provide an estimated work schedule to the Commission Project Manager for discussion.

2. Supervisors shall be responsible for: a) coordination with the Commission Project Manager on a daily/weekly basis; b) all activities and safety on project sites; c) assuring that all crews are knowledgeable of and remain within project boundaries.

3. The Commission Project Manager may require that GPS tracker units (supplied by the Commission) be installed by the Contractor on all equipment being used to remove plant and sediment material to identify and document project area boundaries worked each day.

4. The Contractor shall provide the Commission Project Manager with the following access numbers:

office telephone; cellular numbers for all supervisors working on Commission projects; and an email address. These items shall be in good working condition at all times. Additionally, electronic mail addresses for pertinent contractor personnel shall be provided to the Commission.

5. The Contractor will be allowed to subcontract from a pre-approved subcontractor with prior written or electronic mail approval of the Commission Contract Manager and Project Manager.

6. The Contractor shall provide experienced equipment operators. The Commission Contract Manager and/or Commission Project Manager reserves the right to require the Contractor to replace any equipment

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-15, Page 16 of 52 or personnel used in the performance of the purchase order contract if, in the opinion of the Commission

Contract Manager and/or Commission Project Manager, said equipment or personnel are operating in an unsafe or unsatisfactory manner. The Commission Contract Manager and/or Commission Project Manager reserves the right to shut down any equipment that its staff determines is not 100% operational. It shall be the responsibility of the Contractor to keep all work areas and equipment in a clean and neat manner.

7. All machinery down time is the responsibility of the Contractor, and the Commission will not be charged for any damaged equipment, stranded equipment, or misuse of said equipment by the Contractor.

The Contractor is responsible for notifying the Commission’s Contract Manager and/or Project Manager when machinery is down for an extended period of time (>48 hours).

8. All equipment used shall be always in good repair and operating condition, clean and uncontaminated by plant species listed by FLEPPC as a Category I or II invasive prohibited plant. and be in compliance with all federal, state, and local vehicle regulations. All equipment shall be operated and maintained in accordance with the manufacturer’s recommendations. Maintenance of all equipment is the

Contractor’s responsibility. If a piece of equipment is inoperable for 48 hours or more on three different occasions, the contractor shall be required to mobilize and operate an equivalent operational piece of equipment to the project site within 48 hours of the Commission Contract Manager’s request. The

Contractor shall provide vessels to their employees to access the…