FWC 22.23-50 - Final ITB.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-50

ROAD IMPROVEMENTS ON OKALOACOOCHEE SLOUGH WILDLIFE MANAGEMENT AREA

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for road improvement services of 10.2 miles of existing roads on newly acquired property in Okaloacoochee Slough Wildlife Management Area (OK Slough WMA) in Hendry County, 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. We have examined the site in reference to the specifications contained within this ITB and have familiarized ourselves with the entire site and have examined carefully the extent of the work that is needed.”

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 2 of 45

CALENDAR OF EVENTS

FWC 22/23-50

SCHEDULE DUE DATE METHOD

Bid Advertised November 18, 2022 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received PRIOR to:

November 30, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions December 6, 2022 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received PRIOR to:

December 16, 2022

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

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

Public Bid Opening December 16, 2022

@ 2:00 PM ET

Public Opening Options for Attendance:

-In Person- 1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award December 27, 2022 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 3 of 45

GENERAL CONDITIONS

FWC 22/23-50

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 9.1.2022 FWC 22/23-50, Page 4 of 45

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective for one year from issuance of the 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. Note: Trucking companies to be used for delivery of fill do not need to be listed as a Subcontractor at this time but will need prior FWC approval before using.

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.

MANDATORY BIDDER SITE VISIT

It is mandatory that prospective bidders inspect the project sites prior to submitting a bid. This will enable bidders to familiarize themselves with the scope of work. Bidders shall visit the sites on their own. The

Site Visit Mandatory Attestation-Individual Bidder Attendance form (Attachment D) must be completed by the Contractor and submitted with the bid package. FWC will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Driving Directions for Site Visit:

From Labelle

South on Hwy 29 approximately 11 miles Left on Hwy 832 (Keri Rd) approximately 9 miles

Right onto Wild Cow (26.580640, -81.300413) Take your 1st right and the building will be on the right.

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 9.1.2022 FWC 22/23-50, Page 5 of 45

From Immokalee

North on Hwy 29 approximately 11 miles Right on Hwy 832 (Keri Rd) approximately 9 miles

Right onto Wild Cow (26.580640, -81.300413) Take your 1st right and the building will be on the right.

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.

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.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 6 of 45

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.

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 by the Bidder within the last five (5) years. 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 E) 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.

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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 7 of 45 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 Avenue 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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 8 of 45 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 total 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 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.

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 9.1.2022 FWC 22/23-50, Page 9 of 45

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.

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 $150.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

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

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 10 of 45

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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 11 of 45

SCOPE OF WORK

FWC 22/23-50

ROAD IMPROVEMENTS ON OKALOACOOCHEE SLOUGH WILDLIFE MANAGEMENT AREA

PURPOSE

The intent of this Invitation to Bid (ITB) is to obtain road improvement services of 10.2 miles of existing roads on newly acquired property in Okaloacoochee Slough Wildlife Management Area (OK Slough WMA) in Hendry County, Florida. Road improvement services to include the preparation, vegetation removal, capping, grading, and compacting of Otter Grade and Spoonbill Pass (Figure 1).

Bids shall be submitted as a fixed price for each identified section of Otter Grade and Spoonbill Pass (Figure 2).

It is the intent of the Florida Fish and Wildlife Conservation (FWC) to complete as much of the road improvement project as possible based on available funding. The FWC reserves the right to increase or decrease the size of the project as funding allows.

CONTRACTOR RESPOSIBILITIES

1. The Contractor shall provide all labor, materials, equipment, tools, transportation, supplies, mobilization/demobilization, and supervision required for road improvement as specified herein. No labor or equipment shall be furnished by the Commission. Once roadwork begins on the area, work shall proceed until the project is completed with no significant delays.

2. On-site storage locations for the material are identified on Figures 1 and 2.

3. Subcontracting trucking companies to haul road fill material will be allowed for this project. The

Contractor shall submit a written request to use any additional subcontractors for this project. The FWC Project Manager reserves the right to individually approve or deny any additional subcontractors.

4. Equipment shall be thoroughly cleaned of all vegetative debris before entering or re-entering the area to reduce the spread of invasive exotic vegetation. The FWC reserves the right to inspect equipment prior to its use on the area.

5. Security of the equipment shall be the sole responsibility of the Contractor, including theft and/or damages.

6. No equipment shall be operated in a manner that significantly damages the natural resources in the area as determined by the FWC Project Manager. The Contractor shall be responsible for and repair/replace, to the satisfaction of the FWC Project Manager, all Contractor-induced damage.

7. The FWC reserves the right to request replacement of equipment or personnel deemed to be unsafe or operating in an unsafe manner.

8. The Contractor shall be responsible for all damage or injury to person or property. This includes damage to existing roadways, fence, culverts, gates, utility structures, cattle guards, equipment, trees, native vegetation, wildlife, and other natural resources.

9. Should any historical or cultural artifacts be uncovered during road work activities, the Contractor shall immediately halt work and notify the FWC Project Manager.

10. The Contractor shall remove all extraneous materials, equipment, and litter associated with their road maintenance and repair activities before invoices will be approved for payment.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 12 of 45

11. The Contractor shall notify the FWC Project Manager of their presence on the WMA each week. If the Contractor is unable to begin work as scheduled, they must contact the FWC Project Manager immediately.

12. The Contractor’s general work hours should be limited to the following, unless approved by FWC

Project Manager: 8:00am to 5:00pm, Monday – Friday

13. STOP WORK CLAUSE- The FWC Project Manager or their designee has the right to stop work for any reason including, but not limited to, work not being performed as specified. Work shall not re-commence until written notification from FWC is received.

ROAD IMPROVEMENT SPECIFICATIONS

1. The FWC Project Manager will coordinate with the Contractor to schedule road improvement activities in the area. Work is anticipated to begin early December 2022.

2. All work must be performed outside of established quota hunts in the area. FWC area brochures that include established quota hunt days can be found at myfwc.com/hunting/wma-brochures/.

3. Access to the roads currently open to the public will be maintained during the project. The Contractor shall accommodate traffic to the greatest extent possible.

4. All roads shall remain passable by the end of each day.

5. NO turn arounds/turnouts will be added for this project. The Contractor may use the two onsite fill storage areas, the intersection of Spoonbill Pass and Otter Grade, and the eastern end of Otter Grade to turn around.

6. Contractor shall supply two-inch minus double crush base rock to cap the roadway and fill potholes and ruts as needed.

a. Alternate base rock types may be used, at the same bid price, with prior approval from the FWC Project Manager. The FWC Project Manager may reject the alternate base rock request at their discretion.

7. Road material must be free of foreign material and debris.

8. Locations for on-site storage of base rock material are identified on Figures 1 and 2. The Contractor shall provide copies of all load trip tickets with the invoice to the FWC Project Manager.

9. Prior to spreading rock, Contractor shall clear grass and organics from the roadway to reestablish the road width of 12 feet.

10. Contractor shall cut back any vegetation that impedes the roadway.

11. Contractor shall uniformly spread, grade, and compact base rock material to a minimum depth of 4 inches at the road crown after compaction. Contour shall maintain a 4-6% symmetrical crown.

12. Contractor shall grade and compact roll the entire roadway a minimum of two passes. Grading blade shall be angled to avoid excessive windrows on roadsides. Any windrows higher than 6 inches shall be knocked down prior to compaction.

a. The Contractor shall avoid grading/compacting over existing cattle guards and prevent fill material from collecting in the cattle guards.

13. Road improvement work shall result in a 12-foot-wide roadway with a smooth surface free of ruts, vegetation, depressions, undulations, and potholes. The final road surface must allow for proper drainage away from roadway to avoid excessive pooling of rainwater and suitable for passage by two-wheel drive vehicles.

https://myfwc.com/hunting/wma-brochures/ https://myfwc.com/hunting/wma-brochures/

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 13 of 45

WORK VERIFICATION AND PAYMENT

All work must be inspected and approved by the FWC Project Manager prior to payment. If any damage is observed during inspection, the Contractor shall remedy the damage, at no additional cost to FWC, prior to invoice payment.

Figure 1.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 14 of 45

Figure 2.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 15 of 45

PRICE SHEET

FWC 22/23-50

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 BID PRICE.

Bids shall be submitted as a fixed price for each identified section of Otter Grade and Spoonbill Pass (Figure 2).

Section Bid Price for Completion of the Entire Section

1. Otter Grade Section 1 (2.4 miles) $ ___________________

2. Otter Grade Section 2 (2.4 miles) $ ___________________

3. Otter Grade Section 3 (2.2 miles) $ ___________________

4. Spoonbill Pass (3.2 miles) $ ___________________

TOTAL BID PRICE: (1 + 2 + 3 + 4) $ ___________________

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: ____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 16 of 45

REFERENCES

FWC 22/23-50

A minimum of three (3) references from persons or firms for whom the bidder has completed similar jobs as per the specifications in this bid within the last five (5) years 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 9.1.2022 FWC 22/23-50, Page 17 of 45

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 9.1.2022 FWC 22/23-50, Page 18 of 45

ATTACHMENT A

FWC 22/23-50

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: September 1, 2022

Section 1. PURCHASE ORDER.

A. Composition and Priority.

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

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

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

B. Initial Term.

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

Purchase Order end date.

Section 2. PERFORMANCE.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

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

B. Performance Deficiency.

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

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

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

C. Contractor Responsibilities.

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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 19 of 45

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

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

D. Assignment.

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

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

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

Order with prior written notice to the Contractor.

E. Damages to State Property.

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

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

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

F. Subcontractor Minority Status Report.

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

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

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

G. Independent Contractor.

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

H. Commission Rights to Undertake or Award Supplemental Contracts.

The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Purchase Order. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases.

https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 20 of 45

Section 3. PAYMENT AND FEES.

A. Payment.

The Contractor will be paid upon submission of properly certified invoice(s) to the Commission after delivery and acceptance of commodities or contractual services is confirmed in writing by the

Commission.

B. Invoicing.

Invoices may be submitted electronically to the Commission’s designated Contract Manager, as identified in this Purchase Order. The Contractor acknowledges that the Commiss ion’s Contract

Manager shall reject invoices lacking documentation necessary to justify invoiced expenses.

C. Invoices, Continued.

All invoices shall be processed in accordance with Section. 215.422, Florida Statutes (F.S.), and Rule 69I-24, Florida Administrative Code (F.A.C.), upon receipt of a proper invoice and approval and inspection of goods or services. The Commission shall record the date of receipt of an invoice on the date on which a proper invoice is first received at the place designated by the Commission. Approval and inspection of goods or services shall take no longer than five (5) working days unless the bid specifications, purchase order, or contract specifies otherwise. Invoices must be legible and shall contain the items below in detail sufficient for a proper audit.

• The invoice number

• The date of the invoice

• “Bill To” information, including address

• The vendor’s name and payment remittance address

• The purchase order number

• The Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number

(SSN)

• Date(s) of service (beginning date – ending date)

• Invoices for commodities must provide a clear description of the item(s), number of units and cost per unit. Numerical code descriptions alone will not be accepted.

• Invoices for services must provide a clear description of the specific deliverables that must be provided and accepted prior to payment.

• Invoices for fixed unit rate agreements must show the number of units and cost per unit.

• Invoices for agreements paid out on a reimbursement basis or a fixed rate for a specific time period (e.g., quarterly, monthly, etc.) must identify the deliverables provided.

D. Payment Timeframe.

Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless applicable solicitation specifications or this Purchase Order specify otherwise.

With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved a separate interest penalty as described in Section 215.422, F.S., will be due and payable in addition to the amount authorized for payment. Interest penalties less than one dollar ($1.00) will not be paid unless the

Provider requests payment. A Vendor Ombudsman has been established within the Department of

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-50, Page 21 of 45

Financial Services and may be contacted at (850)…