FWC 22.23-73 - Stick Marsh Emergent Veg.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-73

STICK MARSH/FARM 13 REVEGETATION – EMERGENT VEGETATION

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying (private wild-collected, and/or relocated from public water bodies) and planting emergent aquatic plants within the Stick Marsh/Farm 13 (Indian River County), Florida, per the specifications contained herein., per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ___________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 2 of 51

CALENDAR OF EVENTS

FWC 22/23-73

SCHEDULE DUE DATE METHOD

Bid Advertised February 16, 2023 Posted on the Vendor Information Portal

(VIP)

NON-MANDATORY Pre-Bid Conference

February 24, 2023 @ 11:00 AM ET See Pre-Bid Conference Clause

Deadline for Questions

Must be received PRIOR to:

March 1, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions March 3, 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:

March 15, 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 March 15, 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 March 17, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 3 of 51

GENERAL CONDITIONS

FWC 22/23-73

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 11.4.2022 FWC 22/23-73, Page 4 of 51

PROCUREMENT MANAGER

Ashley Strickland Ashley.Strickland@MyFWC.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $400,000.

TERM

The contract will be effective until September 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.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment.

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

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

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

Non-Mandatory PRE-BID CONFERENCE A non-mandatory pre-bid conference will be held at 18625 Fellsmere Grade Road Fellsmere, Florida 32948 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. 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.

Click or tap here to enter text.

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 11.4.2022 FWC 22/23-73, Page 5 of 51

NON-MANDATORY BIDDER SITE VISIT

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

The work sites may be accessed from18625 Fellsmere Grade Road Fellsmere, Florida 32948 (Fellsmere Grade Recreation Area (St. Johns Stick Marsh) Motorboat Ramp; LAT 27.82321628 N, LON -80.7089361 W) Note that the meeting is at the “Stick Marsh” boat ramp and not “Fellsmere Headwaters Lake” boat ramp, which have the same street address.

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 11.4.2022 FWC 22/23-73, Page 6 of 51

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 11.4.2022 FWC 22/23-73, Page 7 of 51

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 price.

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 11.4.2022 FWC 22/23-73, Page 8 of 51

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.

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.

https://vendor.myfloridamarketplace.com/ 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 11.4.2022 FWC 22/23-73, Page 9 of 51

NOTICE TO PROCEED

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 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 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

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 10 of 51 responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

CONDITIONS AND SPECIFICATIONS

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

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

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 11 of 51

SCOPE OF WORK

FWC 22/23-73

STICK MARSH/FARM 13 REVEGETATION – EMERGENT VEGETATION

PURPOSE

This Invitation to Bid entails harvesting (privately collected or from designated donor sites) and planting wild-collected bulrush and spatterdock plants within Stick Marsh/Farm 13 (Indian River County). This project will be conducted while Stick Marsh/Farm 13 is under dewatered conditions. The work sites will be specified by the Project Manager/Contract Manager (Figure 1). The Project Manager/Contract Manager will prioritize and determine the date, time, and schedule for all work. The public donor site for spatterdock is T.M. Goodwin Waterfowl Management Area (Brevard County) and is directly adjacent north of Stick Marsh (Figure 2). The public donor site for bulrush is Lake Marian (Figure 3).

1. INITIAL TERM COMPLETION DATE

The completion date for the Stick Marsh Revegetation-Emergent Vegetation project is no later than June 16, 2023.

2. DEFINITIONS

RELOCATED PLANT – A plant collected from a designated donor site(s) from a designated public water body under the supervision of FWC personnel.

PRIVATE WILD-COLLECTED PLANT – A plant grown within and supplied from a privately-owned wild collection site that has been permitted by the FDACS in accordance with Section 369.25(2), F.S. and Rule-Chapter 5B-64, F.A.C. and has a written plan providing reasonable assurance that the removal of non-prohibited aquatic plants from the site will not result in the dissemination of any noxious or prohibited aquatic plants listed in Rule-Chapter 5B-64, F.A.C.

3. PLANT SPECIES

BULRUSH – Giant bulrush Schoenoplectus californicus. A bare root bulrush plant is described as a single intact (not split or torn) rhizome at least one-and-one-half (1.5) inches in length with associated roots and at least one (1) live stem of a minimum height of 5 feet. Stems shall not be cut back before or after planting. If supplied bare root bulrush material is such that it requires more than a 1.5-inch section of rhizome to get at least one stem, it shall still be considered one plant. Each plant will be placed individually in the substrate to a depth of approximately 4 inches. All bulrush plants shall be installed on 2-foot centers.

SPATTERDOCK – Nuphar advena. A spatterdock plant is defined as one (1) spatterdock rhizome at least six (6) inches in length, at least 2 inches in diameter, possessing at least one live stem and leaf (NOTE: rhizomes with no live stem/leaf will be rejected). Stem length must be at least 24 inches (measured from the base of the stem to the point where the stem attaches to the leaf).

The Contractor shall install all spatterdock plants by fastening to the substrate with a single 12” landscape staple (at least 8-gauge steel). All spatterdock plants shall be installed on 5-foot centers.

4. BID SPECIFICATIONS

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 12 of 51

Each plant species has been allocated a specific amount to fund collection and planting of that species (see “PRICE SHEET”). The Contractor shall provide a price-per-plant for each species on which they intend to bid. The Contractor is NOT required to bid on both species. Each species will be awarded to the responsive, responsible bidder that submits the lowest “PRICE PER PLANT” for each species (potentially two separate awards). In the event additional funding becomes available, the awarded price-per-plant for either of the awarded species may be used, in mutual agreement between the Contract Manager and the Contractor, to procure additional plants above the awarded number and original allocated funding amount.

The Contractor shall supply and install a minimum of 95% (by number) of each plant species specified and then subsequently listed in the Purchase Order, in accordance with the ITB specifications or the Contractor may be found in default for that Project.

Bid pricing shall include all necessary items to perform work (plants, workers, equipment, maintenance of equipment, fuel, etc.) harvesting plants, transporting the plants, and installing the plants at designated locations 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.

The Purchase Order and written notice to proceed may be issued to complete the project entirely or partially for:

i. All, some, or none of the species listed within the project; and/or

ii. All, some, or none of the plants listed for one or more species within the project.

Upon receipt of a Purchase Order, the Project Manager/Contract Manager will contact the Contractor to schedule the starting date for the project. All work shall begin on the agreed-upon commencement date as listed on the written notice to proceed.

iii. The commencement date shall be defined as the first day the Contractor attempts collection at the donor site for wild-collected plants.

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.

5. WORK EXPERIENCE

The Contractor shall have at least two (2) years of similar work experience as reflected in their References.

The Project Manager/Contract Manager reserves the right to inspect all equipment, privately-owned wild-collection sites, and nurseries proposed for use by the Contractor before the work shall be awarded.

All plants proposed for installation under this bid must be available for inspection by the Project Manager/Contract Manager at least two (2) weeks prior to installation.

Copies of the Certificate of Nursery Registration or Certificate of Stock Dealer Registration (FDACS-08004) and the Permit(s) to Collect Non-Prohibited Aquatic Plants (FDACS-08450) for proposed private wild-collection sites, including the written plan providing reasonable assurance

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 13 of 51 to prevent the dissemination of noxious or prohibited plants (or exotic or prohibited animals) from private wild-collection sites, shall be submitted as part of the Contractor’s bid package.

6. SUPPLYING AND PLANTING SPECIFICATIONS

Supplied bulrush and spatterdock plants shall be bare root wild-collected and rinsed to remove sediment, debris and/or non-target plant parts (leaves, stems, roots, propagules) and any other exotic species (plant or non-plant, e.g., hydrilla, exotic snails). All plants shall be handled and transported in a way such that the root and stem material remain viable. The Project Manager reserves the sole authority to refuse plants, at no cost to the Commission, considered by the Project Manager to be contaminated or of poor quality.

All private wild-collected supplied plants shall be obtained from a FDACS-permitted wild collection site. The Project Manager/Contract Manager shall have the sole authority to reject any private water body, wetland, or donor site therein, proposed by the Contractor as a donor site for plants.

All harvested plants shall be installed within 48 hours of being harvested. Final determination of specific planting sites within Stick Marsh will be made prior to planting in response to environmental conditions.

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/).

All media contacts or press releases will be conducted by FWC. Contractor shall not do their own public relations.

7. SITE CONDITIONS

Harvesting/Planting locations will occur over moderately firm bottom and in water depths less than 3 feet. Stick Marsh will be in a drawn down state with the potential for numerous stumps and may need a shallow-draft vessel or airboat to access planting site, if larger vessel is desired. There will also be access from the east levee adjacent to the planting area, but all vessels will have to be small enough to launch by hand from levee with riprap present at toe. (i.e. small jon boat, small barge).

8. PAYMENT SPECIFICATIONS

Two payments shall be made upon completion of work specified on the Purchase Order/written notice to proceed. Initial payment will be made when 50% of the project is complete and approved by both the Project and Contract Managers. Final payment will only be made if the quality of work is approved by the Project Manager/Contract Manager. The final invoice must be received

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 14 of 51 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 will be paid for the number of supplied plants meeting bid specification requirements that are successfully planted. The Contractor and Project Manager/Contract Manager shall agree in writing on the number of plants successfully planted at the end of each planting day in accordance with the Contract Management Daily Report / Aquatic Revegetation (Exhibit 1). The Contractor shall submit a total of two invoices, unless otherwise requested by the Project Manager/Contract Manager. The invoice shall be representative of the total number of plants per species successfully planted over all planting days, or for those planting days requested by the Project Manager/Contract Manager at the time of invoice request.

9. PROJECT SPECIFICATIONS

Public Access: FWC Public Boat Ramp Finder: https://myfwc.com/boating/boat-ramps-access/ PLANTING: Fellsmere Grade Recreation Area (St. Johns Stick Marsh) Motorboat Ramp, Indian River County (Latitude 27.8232 N / Longitude -80.7086 W; 18625 Fellsmere Grade Road, Fellsmere, FL 32948).

BULRUSH COLLECTION: Lake Marian Public Boat Ramp, Osceola County (Latitude 27.8728 N / Longitude -81.0519 W; 700 Lakeside Boulevard, Kenansville, FL 34739 Anticipated Planting Date: April-May 2023 All work shall be completed within forty-five (45) calendar days of the work commencement date.

FWC Project Manager: Joel Andreas

SPECIES COMMON NAME TYPE/SIZE

ALLOCATION

AMOUNT

(US $)

Schoeneoplectus californicus giant bulrush

Relocation (Bare-Root, Public Wild Collection) from Off-site

Donor Waterbody or

Bare-root, Private Wild- Collected

$260,000.00

Nuphar advena Spatterdock

Relocation (Bare-Root, Public Wild Collection) from Off-site

Donor Waterbody or

Bare-root, Private Wild- Collected; Fastened to Substrate with 12” Staple (8 gauge)

$140,000.00 https://myfwc.com/boating/boat-ramps-access/

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 15 of 51

Figure 1. Approximate planting site locations within Stick Marsh indicated by green rectangles. Planting locations are subject to change upon environmental conditions.

Figure 2. Location of T.M. Goodwin Waterfowl Management Area outlined in yellow. Public donor site for spatterdock.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 16 of 51

Figure 3. Location of Lake Marian outlined in red. Public donor site for bulrush.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 17 of 51

EXHIBIT 1

STICK MARSH REVEGETATION - EMERGENT VEGETATION

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 18 of 51

PRICE SHEET

FWC 22/23-73

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.

Bidders must include the “PRICE PER PLANT” on the species they intend to bid (Contractor may bid on one or both plant species). Failure to submit all required information for at least one species shall result in disqualification of the bid.

Each species will be awarded to the responsive, responsible bidder that submits the lowest “PRICE PER PLANT” for that species.

Price per plant includes all costs associated with supplying and planting service. Completely fill-in all requested information.

SPECIES COMMON

NAME TYPE/SIZE

ALLOCATION

AMOUNT

(US $)

PRICE PER PLANT

(US $)

Schoeneoplectus californicus giant bulrush

Relocation (Bare-Root, Public Wild Collection) from Off-site Donor

Waterbody or

Bare-root, Private Wild-Collected

$260,000.00 $__________________

Price per plant includes all costs associated with supplying and planting service. Completely fill-in all requested information.

SPECIES COMMON

NAME TYPE/SIZE

ALLOCATION

AMOUNT

(US $)

PRICE PER PLANT

(US $)

Nuphar advena Spatterdock

Relocation (Bare-Root, Public Wild Collection) from Off-site Donor

Waterbody or

Bare-root, Private Wild-Collected;

Fastened to Substrate with 12”

Staple (8 gauge)

$140,000.00 $__________________

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

THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY

AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF FREEDOM OF COMPETITION.

Contractor: ___________________________

Address: _____________________________

Signed: _______________________________

Print Name: __________________________

Title: ________________________________

Fax: _________________________________

City/State/Zip: ________________________

Telephone: ___________________________

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-73, Page 19 of 51

REFERENCES

FWC 22/23-73

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 11.4.2022 FWC 22/23-73, Page 20 of 51

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 11.4.2022 FWC 22/23-73, Page 21 of 51

ATTACHMENT A

FWC 22/23-73

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: November 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 11.4.2022 FWC 22/23-73, Page 22 of 51

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…