FWC 22.23-57 Lake George Fencing Project.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-57

LAKE GEORGE FENCING PROJECT

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying all materials and building fenced exclosures within Lake George to reduce herbivory on planted vegetation and promote recruitment of naturally occurring native species, 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 22/23-57, Page 2 of 58

CALENDAR OF EVENTS

FWC 22/23-57

SCHEDULE DUE DATE METHOD

Bid Advertised January 5, 2023 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid Conference

January 13, 2023 @ 10:00 AM ET See Pre-Bid Conference Clause

Deadline for Questions

Must be received PRIOR to:

January 20, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions January 24, 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:

February 1, 2023

@ 2:30PM 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 February 1, 2023

@ 2:30PM 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 February 7, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 3 of 58

GENERAL CONDITIONS

FWC 22/23-57

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 the Sample Contract, 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 22/23-57, Page 4 of 58

PROCUREMENT MANAGER

Ashley Strickland Ashley.Strickland@MyFWC.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $350,00.00.

TERM

The contract will be effective upon execution of the three-party agreement until June 30, 2023.

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 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 Contract. 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.

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 22/23-57, Page 5 of 58

MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held at 18535 Juniper Hunt Club Road, Fort McCoy Florida, 32134 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 and to accept verbal questions from Bidders concerning the project.

Vendors must attend this pre-bid conference as a requirement of bid responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall disqualify a potential respondent. 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.

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).

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 6 of 58

It is up to the bidder to ensure that everything is included as required by the Commission’s Purchasing Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Bid packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488- 6551. Please have bid number and Bidder information available when requesting any information.

ADDENDUMS

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

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.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 7 of 58

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty (30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester. The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

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

Florida Fish and Wildlife Conservation Commission Attn: Purchasing 1875 Orange Ave E Tallahassee, Florida 32311-6160.

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

OPENING.

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 prices.

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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 8 of 58

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 formal contract amendment.

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.

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 22/23-57, Page 9 of 58

NOTICE TO PROCEED

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Contract and/or Amendments by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

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

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the Commission.

Delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with delivery and shall assume full responsibility for all item(s) damaged prior to the F.O.B.

destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

GUARANTEE

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

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 Contract 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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 10 of 58 to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this ITB contract, such agencies shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

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

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

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 11 of 58

SCOPE OF WORK

FWC 22/23-57

LAKE GEORGE FENCING PROJECT

PURPOSE

Aquatic revegetation projects frequently require fence exclosures to reduce herbivory on planted vegetation.

Reducing herbivory often results in more predictable establishment of vegetation. This Invitation to Bid covers all work necessary to build fenced exclosures to exclude herbivores from revegetation plots within Lake George (Volusia County), as per the attached specifications. Potential sites to build fenced exclosures (Figure 1) will be specified by the Project Manager. The Project Manager will prioritize and determine the date, time, and schedule for all work.

1. INITIAL COMPLETION DATE

The completion date for the Lake George Fenced Exclosures project is no later than June 9, 2023.

2. DEFINITIONS

Project Manager - The Project Manager is the representative of the governmental agency specified on the purchase order contract.

Contractor - The vendor awarded this contract.

Fenced Exclosure – A fenced area constructed in the lake to protect aquatic plants from herbivores (grazing). Each fenced exclosure will be rectangular in shape having four sides that each join to block fish and wildlife from entering the fenced area. Each fenced exclosure may range in length from 1,000 feet up to 1 mile long and 300 feet wide but may vary at the Project Manager’s discretion.

T-post – Steel fence post shall be a minimum length of 6.5 feet and have a minimum weight of 1.25

lb. per foot. T-posts shall be installed every 6.5 feet apart and in an ordinary straight fashion.

PVC pipe – Each T-post shall have a one- and one-half inch (1-½”) diameter, schedule 160, white PVC pipe slipped over the T-post.

• 10-foot-long sections of PVC pipe shall be placed over every other t-post. Each 10-foot section of PVC pipe shall have a 6-inch-wide piece of adhesive reflective tape placed at the top.

• All remaining T-posts shall have a 5-foot piece of PVC slipped over the post and no reflective tape is required on the 5-foot PVC pipes.

Adhesive Reflective Tape – 6-inch-wide yellow micro-prismatic adhesive reflective tape shall be placed around the top of each 10-foot section of PVC pipe to aid in nighttime navigation.

Fencing – Fencing material shall consist of one-half inch (½”), square mesh, 60-inches-tall, 19-gauge minimum hardware cloth that is PVC coated.

Cable Ties –Five (5) cable ties (zip ties) shall be used to secure fencing material to each PVC pipe.

Cable ties shall be a minimum of 11.8 inches in length, black plastic, 120-pound minimum tensile strength, UV light protected.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 12 of 58

Substitutions of any materials listed shall be approved by the Project Manager in writing.

3. BID SPECIFICATIONS

It is anticipated that up to 35,000 feet of fencing may be installed under this ITB. Contractor shall be responsible for acquiring all materials necessary to build fenced exclosures and shall provide a price-per-foot to install fenced exclosures, including all materials as stated in the scope of work, in Lake George. Bid will be awarded to the responsive, responsible bidder that submits a bid for the highest number of linear feet of fence exclosures installed, including materials. In the event additional funding becomes available, the award may be used to procure and build additional fenced exclosures above the original allocated funding amount.

The Foundation is contributing $100,000 toward this project, in addition to FWC funding of $250,000.

Funding will be used to build fencing at Sites A, B, C, and D (Figure 1). Awarded Contractor shall invoice FWC for $250,000.00 and invoice the Foundation for $100,000.00.

Bid pricing shall include all necessary items (T-posts, PVC pipe, adhesive reflective tape, fencing material, cable ties, workers, boats, equipment, hand tools, maintenance of equipment, fuel, etc.) to perform work of constructing fenced exclosures as well as providing all safety devices required by law.

The Contractor shall assume full legal and financial responsibility for permit violations resulting from the activities of their employees.

Upon execution of the Contract (Attachment A), the Project Manager/Contract Manager will contact the Contractor to schedule the starting date for the project.

i. All work shall begin on the agreed-upon commencement date as listed on the written notice to proceed.

ii. The commencement date shall be defined as the first day the Contractor attempts acquiring materials needed to complete the project.

Work shall be performed during weekdays (Monday–Friday) during daylight hours (sunrise to sunset).

Requests to work weekend days shall be made in writing by the Contractor. The Project Manager/Contract Manager shall provide a response to the Contractor in writing to grant or reject requests.

The Project Manager/Contract Manager shall make a final inspection with the Contractor and determine work completeness before payment is authorized.

4. PERFORMANCE STANDARDS

Outcome: The installation of fencing per the specifications herein.

Measure: On-site inspection and measurement of installed fencing by the FWC Project Manager.

Standard: Minimum of 1,300 feet of fencing installed per day. This performance outcome shall be measured upon completion of work each day. Any deviation from the performance standard due to unforeseen conditions must be approved by the FWC Project Manager.

Failure to meet either the Performance Outcomes and Standards or Other Contract Requirements or to correct deficiencies may, in addition to imposition of liquidated damages, result in determination

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 13 of 58 of Breach of Contract, and/or termination of the Contract in accordance with Termination for Default section of this ITB.

5. WORK EXPERIENCE

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

The Project Manager/Contract Manager reserves the right to inspect all equipment proposed for use by the Contractor before the work shall be awarded.

6. STOCKPILING MATERIALS

The FWC has secured a location for the Contractor to stockpile materials. This stockpile location will be located at Juniper Hunt Club (18535 Juniper Hunt Club Road, Fort McCoy, FL, 32134), at the location specified on Figure 1. It will be the Contractor’s responsibility to find additional locations to stockpile materials if they deem necessary to increase project facilitation.

7. FENCED EXCLOSURE SPECIFICATIONS

Table 1 provides material specifications and minimum performance necessary to fulfill the provisions of this contract. Substitution of materials must be approved by the Project Manager and only if specified materials are unavailable.

The Contractor shall construct fenced exclosures that are rectangular, being uniform in shape and in ordinarily straight fashion, and positioned parallel to the shoreline (Figure 1). To achieve uniform and straight fences, it is required that the Contractor begin constructing corner posts first and hang string periodically to facilitate T-post placement. Exact exclosures dimensions will be determined by the Project Manager but may be up to 1 mile in length and up to 300 ft wide. Cross fences shall be installed perpendicular across the fenced exclosures every 1,000 feet to separate the large exclosures and aid at preventing grazers inside if perimeter fencing were to fail.

In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs regarding the work. The Contractor shall be responsible for protecting and safeguarding employees and the public relating to the work and job site.

Boat operators shall have Personal Floatation Devices for all workers and passengers on-board and shall follow all other safety requirements in accordance with state and federal law, including vessel “maximum capacity” limits for personnel, equipment, and plant transport (http://myfwc.com/boating/safety-education/equipment/).

Anticipated Fence Construction Dates: March - May 2023

All work shall be completed within ninety (90) calendar days of the work commencement date.

All media contacts or press releases will be conducted by FWC. Contractor shall not do their own public relations (news release, interviews with print or television media, social media, etc.).

8. SITE CONDITIONS

Fenced exclosure locations will occur over firm bottom and in water depths less than 3.0 feet at the time of initial fence installation.

http://myfwc.com/boating/safety-education/equipment/

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 14 of 58

9. PAYMENT SPECIFICATIONS

Partial payment requests will be accepted. Contractor may invoice separate for materials acquired to complete the project. Contractor can invoice for up to or less than 6,500 feet of materials acquired and invoice for up to or less than 6,500 feet of fenced exclosure constructed. The Contractor will be paid for the feet of fencing successfully built to bid specification requirements. The final invoice must be received no later than seven calendar days following project completion as approved by the Project Manager/Contract Manager and prior to June 16, 2023.

The Contractor and Project Manager shall agree in writing on the number of feet of fence successfully constructed at the end of each day in accordance with the Contract Management Fenced Exclosure Report (EXHIBIT 1). Invoices shall be representative of the materials and/or total feet of fencing successfully constructed over the invoicing period, or for those construction days requested by the Project Manager/Contract Manager at the time of invoice request.

10. FINANCIAL CONSEQUENCES.

In accordance with Subsection 287.058(1)(h), F.S., the Scope of Work contains clearly defined deliverables. If the Contractor fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Contractor’s payment. The Commission shall apply any of these additional financial consequences:

a. Temporarily withhold payments pending correction of the deficiency by the Contractor

b. Reduction of payment if correction of deficiency is not made by the Contractor.

c. Disallow all or part of the cost of the activity or action not in compliance.

d. Request refund of previously disbursed payments.

e. Wholly or partly suspend or terminate this agreement.

f. Withhold future awards for the FWC projects.

g. Take other remedies that may be legally available.

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 15 of 58

Table 1. Fencing Materials to be Supplied and Installed by the Contractor Fencing Materials to be Supplied and Installed by the

Contractor

Material Minimum Specification Minimum Performance Minimum Number per 1,300 Feet

T-post Steel fence post with a minimum length of 6.5 feet and weight of 1.25 lb. per foot

Installed a minimum of 2 feet into the lake bottom and spaced every 6.5 feet apart

PVC Pipe White, 1.5-inch diameter, Schedule 160

Installed over each T-post, alternating 10-foot and 5-foot pieces of PVC every other T-post

200 pipes total (100 10-foot and 100 5-foot)

Reflective Tape 6-inch wide yellow micro-prismatic adhesive reflective tape

6-inch piece installed at the top of each 10-foot PVC pipe

Fencing ½-inch galvanized hardware cloth with PVC coating; 19-gauge minimum before PVC coating; 60-inches tall.

1-inch mesh size fencing may be substituted if ½-inch is unavailable

Installed to PVC pipe standing upright and pushed a minimum of ½-inch into bottom sediment

1,300

Cable Tie Black plastic, 11.8 inches in length, 120-pound minimum tensile strength, UV light protected

Installed using a minimum of 5 ties per PVC pipe. Ties shall secure fencing to PVC along the top and bottom as well as every 12-inches in-between

1,000

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 16 of 58

Figure 1. – Lake George Fenced Exclosure Site Location Map

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 17 of 58

PRICE SHEET

FWC 22/23-57

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

The Bid 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. Bid price shall include all necessary items to complete the project. If additional work is funded, either in the initial term or renewal term, the prices will remain the same for any additional work.

WORK WILL BE AWARDED TO THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS A BID FOR THE HIGHEST “NUMBER OF LINEAR FEET OF FENCE EXCLOSURES INSTALLED, INCLUDING MATERIALS, FOR $350,000.00”. Bidders must include the prices for all material types and a price per-foot for fence installation. Number of material line items should be calculated in accordance with the bid specifications. Failure to submit all required information shall result in disqualification of the bid.

INITIAL TERM:

PRICE PER 1,300 LINEAR FEET OF MATERIALS (BASED ON “MINIMUM NUMBER PER 1,300 LINEAR FEET”, Table 1): A: $______________________

PRICE PER 1,300 LINEAR FEET OF LABOR: B: $______________________

TOTAL PRICE PER 1,300 LINEAR FEET (MATERIALS + LABOR; A + B = C): C: $_______________________________

NUMBER OF LINEAR FEET OF FENCE EXCLOSURES INSTALLED, INCLUDING MATERIALS FOR $350,000.00: ______________________

RENEWAL YEAR 1:

PRICE PER 1,300 LINEAR FEET OF MATERIALS (BASED ON “MINIMUM NUMBER PER 1,300 LINEAR FEET”, Table 1): A: $______________________

PRICE PER 1,300 LINEAR FEET OF LABOR: B: $______________________

TOTAL PRICE PER 1,300 LINEAR FEET (MATERIALS + LABOR; A + B = C): C: $_______________________________

NUMBER OF LINEAR FEET OF FENCE EXCLOSURES INSTALLED, INCLUDING MATERIALS FOR $350,000.00: ______________________

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 18 of 58

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH EACH ITEM AT THE PRICE BID ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF

FREEDOM OF COMPETITION.

Contractor: __________________________________________________

FEID: _______________________________________________________

Address: ____________________________________________________

City/State/Zip: _______________________________________________

Telephone (Office / Mobile): ___________________________________

Name (Signed): ______________________________________________

Name (Print): _______________________________________________

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 19 of 58

REFERENCES

FWC 22/23-57

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 9.1.2022 FWC 22/23-57, Page 20 of 58

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 22/23-57, Page 21 of 58

EXPERIENCE

FWC 22/23-57

The Respondent shall provide a chronological list (starting with most recent experience first) of the Respondent ’s prior and relevant experience to include any previous experience performing similar work within the last 3 years. The Respondent must provide evidence of a minimum of 3 past experiences.

EXPERIENCE #1:

DATES OF EXPERIENCE: ________________________________ to ____________________________________

EXPERIENCE #2:

DATES OF EXPERIENCE: ________________________________ to ____________________________________

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 22 of 58

EXPERIENCE #3:

DATES OF EXPERIENCE: ________________________________ to ____________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

Ch. 287 Invitation to Bid – Revised 9.1.2022 FWC 22/23-57, Page 23 of 58

ATTACHMENT A

FWC 22/23-57

THIRD PARTY CONTRACT WITH FOUNDATION FUNDING

STATE OF FLORIDA

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWC Contract No. #

This contract is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter “Commission” or “FWC,” and Contractor Name, Contractor FEID, whose address is Contractor Address, hereinafter “Contractor,” and The Fish and Wildlife Foundation of Florida, whose address is 620 South Meridian Street, Tallahassee, FL 32399, hereafter “Foundation”;

collectively, “Parties”.

INTRODUCTORY CLAUSES

The Commission, Foundation and Contractor intend to partner together to Enter a brief project/service description;

The Commission has awarded this Contract pursuant to the requirements of Sections 287.057, Florida Statutes (F.S.); and Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare.

TERMS OF THE CONTRACT

The Commission and the Contractor, for the considerations stated in this Contract, agree as follows:

Section 1. PROJECT DESCRIPTION.

The Contractor shall provide the services and products, and perform the specific responsibilities and obligations, as set forth in the Scope of Work,…