FWC 22.23-111 ITB Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-111

APALACHICOLA BAY OYSTER REEF RESTORATION

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the acquisition, delivery, staging and deployment by barge of dolostone material to restore an estimated twenty-four (24) acres of FWC-designated degraded oyster reef habitat in Apalachicola Bay, Franklin 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 3.22.2023 FWC 22/23-111, Page 2 of 53

CALENDAR OF EVENTS

FWC 22/23-111

SCHEDULE DUE DATE METHOD

Bid Advertised June 2, 2023 Posted on the Vendor Information Portal

(VIP)

NON-MANDATORY Pre-Bid Conference

June 7, 2023

@ 1:00 PM ET,

12:00 PM CT

-Teleconference- Conference call phone number: 1-888-585- Conference room number: 218-721-199

Deadline for Questions

Must be received PRIOR to:

June 9, 2023

@ 5:00 PM ET, 4:00

PM CT

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions June 12, 2023 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received PRIOR to:

June 16, 2023

@ 3:00PM ET, 2:00

PM CT

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 June 16, 2023

@ 3:00PM ET, 2:00

PM CT

Public Opening Options for Attendance:

-In Person- 1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number: 1-888-585- Conference room number: 218-721-199

Anticipated Date of Intended Award June 20, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 3 of 53

GENERAL CONDITIONS

FWC 22/23-111

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 3.22.2023 FWC 22/23-111, Page 4 of 53

PROCUREMENT MANAGER

Jordan Irving Jordan.Irving@myfwc.com

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.

RENEWAL

The Commission has the option to renew this Contract on a yearly basis for a period up to one (1) year after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections 287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes (F.S.), each Bidder shall supply a price for each year that a contract may be renewed. Evaluation of bids shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Bidder.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor if it desires to exercise this renewal option will provide written notice to the Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

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

A non-mandatory pre-bid conference will be held via conference call at on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference is to discuss the contents of this ITB 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 3.22.2023 FWC 22/23-111, Page 5 of 53 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, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference 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.

-Teleconference- Conference call phone number: 1-888-585-9008 Conference room number: 218-721-199

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.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. 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 CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. 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.

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 Information Portal 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 Information Portal.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 6 of 53

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 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

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 7 of 53

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 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.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 8 of 53

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 Performance Bond and Insurance documentation have 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.

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.

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 3.22.2023 FWC 22/23-111, Page 9 of 53

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.

PERFORMANCE BOND

A Performance Bond shall be required from the Contractor by the Commission for this project. Prior to commencing any work, and within ten (10) days after issuance of a Purchase Order, the Contractor shall furnish a Performance Bond in the amount of one hundred percent (100%) of the total contract price to ensure full and complete performance of the contract to the attention of the Contract Manager. The bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, the Purchase Order assigned to the project by the Commission, and a description of the property being improved with a general description of the project. Please note: A Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the Commission, licensed to do business in the State of Florida and signed by a Florida Licensed Resident Agent. Such a bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the bonds on behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the Contractor.

In lieu of a Performance Bond, The Commission may prior approve an alternate form of security in the form of a Cashier’s check, Official bank check or Money order in the amount of the bond. The alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the Performance Bond.

Work shall not begin before the Commission receives the Performance Bond. Failure to provide a Performance Bond may be grounds to find the Contractor in default, which could include cancellation of the contract, and/or the Contractor’s removal from the State’s approved Contractor list for future solicitations.

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

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 10 of 53 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 3.22.2023 FWC 22/23-111, Page 11 of 53

SCOPE OF WORK

FWC 22/23-111

APALACHICOLA BAY OYSTER REEF RESTORATION

PURPOSE

The Florida Fish and Wildlife Conservation Commission (FWC) is seeking a contractor who will coordinate the acquisition, delivery, staging, and deployment by barge of dolostone material to help restore an estimated twenty-four (24) acres of degraded oyster reef habitat in Apalachicola Bay, Franklin County, Florida (see Section 10), per specifications contained herein.

The Contractor is responsible for the purchase and delivery of dolostone material to staging area location(s).

The staging area(s) must be provided by the Contractor. At the staging area, the Contractor shall load the dolostone material onto flat deck barges, provided by the Contractor, where it will be delivered, by the Contractor, to FWC-designated oyster reef restoration sites. The Contractor shall deploy the dolostone material using an excavator, per the specifications of each restoration site.

1. COMPLETION DATE

Project shall be completed by the Contractor by November 15, 2023.

2. PROJECT MANAGER

The Contractor will coordinate and schedule all work with the FWC Project Manager. Contact information for the FWC Project Manager will be provided to the Contractor after award.

3. SITE LOCATION

3.1. Apalachicola Bay – Located in Franklin County, Florida. The oyster reef restoration sites are located in Apalachicola Bay, south of the John Gorrie (US 98/US 319/SR 30) Bridge and east of the St.

George Island/Bryant Patton Memorial (SR 300) Bridge (see Section 10). The Contractor must secure the use of any staging area(s), and associated access for vessels.

4. PROJECT PERIOD

4.1. Work is to start no more than two (2) weeks after receiving the Notice to Proceed unless otherwise agreed upon by the FWC Project Manager. FWC, as its sole discretion, retains the right to change the beginning and/or completion date if conditions warrant such a change.

4.2. All material deployment must be completed by October 31, 2023. A final invoice must be delivered to the FWC Project Manager no later than two (2) weeks after completion.

5. SERVICE SPECIFICATIONS

5.1. The contractor is responsible for the acquisition and provision of all equipment, tools, supplies, materials, transportation, labor, and supervision to be used on this project.

5.2. The Contractor will provide the FWC Project Manager with a fully executed and notarized agreement between the property owner (if not the Contractor) and the Contractor, for any staging area(s) prior to a Notice to Proceed being issued. Prior to requesting final payment, the Contractor

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 12 of 53 must provide a notarized release from the owner(s) of any property used for off-loading stating the Contractor has fulfilled the terms of their agreement.

5.3. Deployment material considered will be crushed dolostone. Crushed, high-grade dolostone is primarily comprised of the mineral dolomite CaMg(CO3)2. Acceptable sources of dolostone include the dolomitic portions of the Avon Park Formation, Mariana Limestone, and Suwannee Limestone formations. The dolostone must be crushed into solid, angular aggregates with moderate to low rugosity and possess a Mohs hardness of 3.5 – 4. The average dry bulk density must be between 2,295 – 4,725 pounds per cubic yard (85 – 175 pounds per cubic foot). The clay fraction must be less than 5%. No more than 10% of the stone for any gradation shall have an elongation (ratio of greatest dimension to least dimension) greater than 3:1, and no stone shall have an elongation greater than 4:1. Mixed material will not be accepted. Prior to stockpiling and/or loading, the material shall be screened to remove excess clay-sized particles, non-aggregate materials, sediment, and/or off-grade material. By weight, these excess materials cannot exceed 5% of the delivered crushed dolostone material. Two dolostone sizes will be used for this project:

5.3.1. “SMALL SIZE” defined as dolostone material between 5.0 – 7.0 inches in size.

5.3.2. “LARGE SIZE” defined as dolostone material between 11.0 – 13.0 inches in size.

5.4. All dolostone material is subject to review and approval by the FWC Project Manager before placement.

5.4.1. The Contractor shall provide the location of the area where the material will be sourced to allow FWC to verify the proposed material. FWC has the right to request additional information from the Contractor including, but not limited to, a copy of a current materials laboratory assay (data sheet) dated within 60 days of bid opening, which reports 1) the respective average dry bulk density of the material (lbs. per cubic foot or yard), 3) the percentage of magnesium, and 4) Mohs hardness of the proposed material. The Commission will notify the Contractor of approval of proposed materials within three (3) business days of receipt. If modifications are requested by the Commission, the Contractor must submit modifications within five (5) business days.

5.4.2. The Contractor shall provide the percentage of material ranging from the correct size specifications listed in sections 5.3.1 and 5.3.2 to the FWC Project Manager prior to deployment.

5.5. Deployment material shall be transported in containers that are clean and free of debris.

Deployment material shall be stockpiled in a manner that will minimize contact with the soil beneath the stockpile and minimize breakage.

5.6. The Contractor shall provide shallow draft deck barge(s), self-propelled or propelled by an accompanying vessel or push boat, capable of delivering and depositing deployment material on shallow oyster reefs in Apalachicola Bay. The barge and push boat shall be capable of navigating, when loaded, in waters as shallow as a depth of three (3) feet. The barge shall have the capacity to deliver loads of a minimum of 75 cubic yards per trip to the designated restoration sites. The deck barge shall be equipped with safety feature(s) required to provide safe operations. The Contractor shall provide a vessel operator possessing the capability and the licenses required to pilot the shallow draft deck barge. The operator shall be in charge of maritime operations and responsible while the barge is underway, as well as during the material loading and restoration operations. The operator shall pilot the vessel(s) between the loading area and the restoration sites.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 13 of 53

5.7. The Contractor shall load approved deployment material onto the deck barges using the Contractor’s own equipment and personnel, transport the deployment material to the specified restoration sites, and deposit the deployment material according to the specifications contained herein. FWC staff will mark the corners of each restoration site with buoys prior to deployment.

5.8. Dolostone material will be deployed utilizing a barge excavator. The contractor is responsible for the acquisition and provision of all equipment, tools, supplies, materials, transportation, labor, and supervision to be used on this project.

5.9. FWC staff will be permitted on-site during deployment to confirm placement of material within the designated boundaries of each restoration site.

5.10. Deployment material shall be placed as follows:

5.10.1. “LOW RELIEF” defined as a height of 12.0 inches from the substrate (+/- 2.0 inches)

5.10.2. “HIGH RELIEF” defined as a height of 24.0 inches from the substrate (+/- 2.0 inches).

5.11. Deployed reef specifications will be equally portioned by the four reef types: 1) LOW

RELIEF/SMALL SIZE, 2) LOW RELIEF/LARGE SIZE, 3) HIGH RELIEF/SMALL SIZE, 4) HIGH

RELIEF/LARGE SIZE.

5.12. Each deployed reef will be square in size and approximately 1 square acre.

5.13. FWC staff may conduct on-site mapping inspection to verify the deployment according to the specifications described herein. If mapping inspections are performed, the Contractor shall remain on site during such inspection and be prepared to correct any deployment issues.

5.14. Deployment dates must be scheduled in advance and approved by the FWC Project Manager.

Deployment may occur Monday through Sunday, excluding state holidays, between 7:30 AM and 4:30 PM EST. Modifications to this delivery schedule may be made by mutual agreement of the Contractor and the FWC Project Manager.

6. GENERAL REQUIREMENTS

6.1. The Contractor shall commence and complete work without interruptions or delays.

6.2. The Contractor shall perform the work in a safe, diligent manner and will furnish and use such safety devices, methods and measures as are required to protect the Contractor and employees thereof, FWC personnel, and the general public against bodily injury and/or damage to property.

6.3. The Contractor shall remove all extraneous materials, equipment and litter associated with the project from the staging area(s) before final payment will be awarded.

6.4. The Contractor shall use every precaution necessary to prevent pollution of waterbodies by fuel, oils, chemicals, or other harmful materials. All waterways will be kept free of contractor-generated debris.

6.5. Stop Work Clause – The FWC Project Manager or his/her designated representative has the right to stop work if the work is not being completed as specified or if weather conditions become too

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 14 of 53 unfavorable, per the Project Manager’s assessment. Work will not be renewed until the deficiency or deficiencies are corrected or until weather conditions are deemed acceptable by the FWC Project Manager. In the event that the FWC Project Manager will not allow the deployment of material to be completed due to weather conditions, FWC will pay the Contractor only for those materials delivered to specifications.

7. INVOICING AND PAYMENT

7.1. Invoices will be submitted in arrears upon the completion of deployment at restoration sites and associated tasks.

7.2. Payment will be made for each restoration site upon completion of deployment and associated tasks.

The Contractor will provide a signed and dated invoice showing the quantity of material deployed at each site and total quantity of material deployed to the FWC Project Manager or his/her designee.

Payment will be made after all work has been verified and performed to the satisfaction of the FWC, including potential verification of deployment extent and relief completed by FWC mapping operations.

7.3. The final payment will be rendered upon completion of all project work and the Contractor furnishing to the FWC a final signed and dated invoice. The Certificate of Contract Completion (Attachment F) should be included with the final invoice submission. All paperwork shall be submitted within two (2) weeks after the work is completed.

8. AWARD

8.1. In the event that additional funds become available, the FWC reserves the right to purchase increased quantities at the unit prices bid in order to maximize the project funding. Additional job locations may also be added as determined by the Contract/Project Manager within the Apalachicola Bay region.

9. FINANCIAL CONSEQUENCES

9.1. Payment will be reduced by the amount of material not deployed on each site. For example: 3,000 cu/yd per site = 100% payment, 2,000 cu/yd = 66% payment, 1,000 cu/yd = 33% payment.

9.2. If the Contractor fails to complete restoration within time period specified in Section 4.2, then the contractor will be charged $10,000 per remaining site for incomplete work.

10. FIGURES

10.1. The following figures and table specify the aforementioned deployment locations and the deployment profiles.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 15 of 53

FIGURE ONE

Map of Apalachicola Bay, Florida.

Figure 1 represents an overview of Apalachicola Bay and surrounding areas. The checkered frame denotes the same area as Figure 2.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 16 of 53

FIGURE TWO

Map of the oyster hardbottom that will be targeted for restoration

Figure Two illustrates sample 1-acre reef restoration sites. These samples do not represent specific reef locations. All restoration activities will be done in water depths ranging from five (5) to nine (9) feet. Specific reef locations will be chosen by FWC and provided to the Contractor. The extent of this figure is provided in the Table One.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 17 of 53

TABLE ONE

Table 1 contains the coordinates (decimal degrees) of Figure Two’s extent and is provided below.

Extent Coordinates (DD)

NW 29.722, -84.875

NE 29.722, -84.819

SW 29.693, -84.875

SE 29.693, -84.819

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 18 of 53

PRICE SHEET

FWC 22/23-111

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.

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.

a. Initial Term - Deployment of Small Sized Dolostone, as outlined in Section 5.

Price per cubic yard = $ _____________________________________

b. Initial Term - Deployment of Large Sized Dolostone, as outlined in Section 5.

Price per cubic yard = $ _____________________________________

c. Renewal Year One - Deployment of Small Sized Dolostone, as outlined in Section 5.

Price per cubic yard = $ _____________________________________

d. Renewal Year One - Deployment of Large Sized Dolostone, as outlined in Section 5.

Price per cubic yard = $ _____________________________________

TOTAL BID PRICE (Sum of a, b, c, and d) = $_____________________________________

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

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: ________________________________

Fax: _________________________________

City/State/Zip: ________________________

Telephone: ___________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 19 of 53

REFERENCES

FWC 22/23-111

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): ______________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 20 of 53

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-111, Page 21 of 53

ATTACHMENT A

FWC 22/23-111

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: March 18, 2023

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.