FWC 23.24-105.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 23/24-105

ROAD CAPPING AT APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for road capping selected areas at Apalachicola River Wildlife and Environmental Area (ARWEA) in Franklin and Gulf Counties, Florida., per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________ Contractor’s License 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 2.15.2024 FWC 23/24-105, Page 2 of 55

CALENDAR OF EVENTS

FWC 23/24-105

SCHEDULE DUE DATE METHOD

Bid Advertised April 3, 2024 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid Conference

April 10, 2024 @ 11:00 AM ET See Pre-Bid Conference Clause

Deadline for Questions

Must be received PRIOR to:

April 12, 2024

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions April 15, 2024 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received PRIOR to:

April 17, 2024

@ 2:30 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission Attn: Purchasing 1875 Orange Ave E Tallahassee, Florida 32311-6160 Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening April 17, 2024

@ 2:30 PM ET

Public Opening Options for Attendance:

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

-Teleconference- Conference call phone number:

1.888.585.9008 Conference room number: 218-721-199

Anticipated Date of Intended Award April 22, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 3 of 55

GENERAL CONDITIONS

FWC 23/24-105

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 B.

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 2.15.2024 FWC 23/24-105, Page 4 of 55

PROCUREMENT MANAGER

Sarah Pegram sarah.pegram@myfwc.com

TERM

The contract will be effective one year upon issuance of Purchase Order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract Manager will review the extension request and if they determine it is justified, will forward to the Bid Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

RENEWAL

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

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

SUBCONTRACTS

Subcontracting IS NOT permitted pursuant to the Terms and Conditions of the Purchase Order. The

DIVERSITY

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

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

MANDATORY PRE-BID CONFERENCE/SITE VISIT MEETING

A mandatory pre-bid conference/Site Visit Meeting will be held at 29.853535, -84.973210 on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/Site Visit Meeting is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project.

Vendors must attend this pre-bid conference site meeting 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 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 2.15.2024 FWC 23/24-105, Page 5 of 55 disqualify a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/Site Visit, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/Site Visit shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

29.853535, -84.973210VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal (https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Bidder’s failure to obtain the information made available through the Vendor Information Portal.

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

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 6 of 55

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 C) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty

(30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester.

The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the 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.

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 7 of 55

MAILING INSTRUCTIONS

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

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

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

OPENING.

THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED.

PLEASE NOTE: The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price.

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

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next lowest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

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, Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 8 of 55

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.

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion has occurred.

Upon satisfactory completion of the work, the Contractor shall send the Contract Manager a notarized Certificate of Contract Completion (Attachment E) and the contract shall be deemed completed upon the issuance date of such Certificate.

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.

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 2.15.2024 FWC 23/24-105, Page 9 of 55

PERMITTING

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

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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 2.15.2024 FWC 23/24-105, Page 10 of 55

SCOPE OF WORK

FWC 23/24-105

ROAD CAPPING AT APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA

1. PROJECT LOCATION

1.1. Apalachicola River Wildlife and Environmental Area (ARWEA) in Franklin County, Florida (Figure 1). Main access to the worksite on ARWEA is via Gardner Landing Road off SR 65.

2. GENERAL SCOPE OF WORK

2.1. The Contractor is responsible for furnishing all equipment, tools, supplies, materials, transportation, labor, and supervision required to cap approximately 0.7 miles of road at ARWEA.

The Contractor is responsible for all mobilization and demobilization. No materials, labor, or equipment shall be furnished by the Commission.

2.2. The Contractor must have a minimum of five (5) years of recent experience in constructing/repairing roads. The bidder shall provide a list of prior projects to the FWC (Attachment A).

2.3. The Contractor shall submit a list of all company names under which it operated in the past 5 years and if and when any of the companies were found in default.

2.4. A crew supervisor must be on the site whenever work is performed. This supervisor is responsible for crew safety and all activities while on the site. The Commission reserves the right to inspect, at any time, the Contractor’s certifications, documentation, procedures, equipment, and techniques.

Inspection does not relieve the Contractor of any obligations or responsibilities, nor does it transfer any liabilities to the Commission.

2.5. The Contractor shall be responsible for the prevention of the pollution of adjacent wetlands and forested areas by fuel, oils, chemicals, or other harmful materials. All creeks will be kept free of contractor generated debris.

2.6. The Contractor shall ensure that all equipment shall be thoroughly cleaned before entering or re-entering the area to reduce the spread of invasive exotic vegetation. The Commission reserves the right to inspect equipment prior to its use in the area.

2.7. The Contractor shall remove from the area all extraneous materials, equipment and litter associated with their construction activities before final payment will be awarded.

2.8. Access to the roads by the public will be maintained through the project. The Contractor will accommodate traffic as best as they safely can by minimizing their wait time as material is being spread on the road.

2.9. The Contractor will be responsible for the protection of all endangered or threatened species in the project area. A map with known locations and an area species list will be provided to the Contactor.

However, species occurrences are not limited to the map provided, and care must be taken not to disturb endangered or threatened species within the project area. Should the Contractor find any

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 11 of 55 threatened or endangered species it must be reported to the Project Manager immediately. No willful killing of wildlife is permitted.

2.10. Any damage to existing state, private, or county property (e.g., roads, culverts, low water crossings, bridges, fences, gates, signs, trees, or other natural resources) caused by the Contractor and not within the scope of the project work will be the responsibility of the Contractor. Contractor shall be responsible for the conduct of hired personnel at all times while traveling across the private road and within the project area.

2.11. All construction activities shall be scheduled with the Commission’s Project Manager or his/her designee to ensure access to the site and to share information about hunting, logging, work projects, and other activities that may be taking place on the area.

2.12. Should any historical or cultural artifacts be uncovered during construction activities; the Contractor shall immediately halt construction within that area and notify the Project Manager.

2.13. The Commission reserves the right to add/delete/or substitute roads or portions of those roads for capping dependent on need for repair/improvements and availability of funding.

2.14. Stop work clause: The Commission’s Project Manager or his/her designated representative has the right to stop work if the work is not being completed as specified. Work will not be renewed until the deficiency or deficiencies are corrected.

3. PROJECT SPECIFICATIONS

3.1. Job 1- Road capping: Purchase DOT lime rock road base and cap 0.7 miles of Butcher Pen Landing Rd. (at a rate of approximately 212 tons per 0.1 mile) as shown in Figure 2.

3.1.1. Prior to spreading rock, areas of the travel way that are rutted or pot-holed will be smoothed, leveled, and washed-out material will be pulled back into the roadway.

3.1.2. Contractor will purchase and haul lime rock road base from the mine to the job site. Copies of all load tickets will be provided to the Project Manager. Load tickets must show date, time, quantity of capping material purchased, and name of the mine or vendor where the material was purchased.

3.1.3. Lime rock road base will be dumped and spread to a width of 15 feet and an average depth of 6 inches after compaction.

3.1.4. Contractor will grade roadway with motor grader and prepare a crown of 4-6%. Crown should be offset from center on curves in the grade. Capped roadway will be compacted with a vibratory roller. The final roadway shall be finish graded and compacted to a density of 95%.

3.1.5. During this project, ditches must be cleared of vegetation, soil, and other obstructions impeding water flow that were the direct result of grading operations by the Contractor. Ditch plugs from any hydrologic restoration project shall not be removed or disturbed. Berms of soil or vegetation shall not be left along the edges of the travel way after the grading and packing.

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 12 of 55

3.1.6. All work should result in a smooth roadway surface free of sand ruts, wheel ruts, vegetation, potholes, and high spots associated with deposition of capping material. It must be suitable for passage by cars and bicycles.

3.1.7. Existing low-water crossings are excluded from the scope of this project.

3.1.8. Best Management Practices for erosion control shall be implemented and maintained at all times during construction to prevent siltation and turbid discharges in excess of Class III State Water Quality Standards pursuant to Rule 62-302, F.A.C.7. If necessary, erosion control consists of staked hay bales, or filter cloth at the bottom of the slopes just above the water level at the time of construction and seeding all cut and fill slopes as needed.

3.1.9. The staked hay bales, filter cloth, or other turbidity containment devices will be installed prior to commencement of construction at sites in ditches, streams, and wet areas immediately downstream of disturbed areas as necessary to maintain ambient water quality conditions of the area.

3.1.10. Temporary onsite storage of fill material must be coordinated with the FWC Project Manager and designated at the beginning of the project. No other areas will be disturbed. All materials temporarily stored in the storage area(s) must be removed and the site graded and seeded unless approved by the Project Manager.

3.1.11. The Contractor will return public/private roads to the condition that existed prior to construction including any structural components to the roadways such as culverts, low water crossings, etc.

In particular the Contractor must exercise due care when reshaping ditches in the vicinity of hardened low water crossings and culverts to not damage or impede water flow by these structures.

3.1.12. The Commission reserves the right to add, delete, or substitute road sections based on existing road conditions, changing priorities, and funding availability.

3.1.13. Bid road capping work on a cost per 0.1-mile basis. The Commission shall award any number of 0.1-mile increments based on funding availability.

3.1.14. It is required of the Contractor that once work begins, work will proceed until the project is completely finished with no significant delays. However, weather days will be granted, if necessary, at the discretion of the Project Manager.

4. PRICING AND PAYMENTS

4.1. This project is to cap approximately 0.7 miles of road on ARWEA. Bidder shall submit a price per 0.1-mile for Job 1. The Commission reserves the right to choose the amount of work to award that can be afforded within the budget.

4.2. The bid shall be awarded to the Bidder with the lowest total price that meets all the bid specifications. Bidder must be able to complete the entire project by the deadline stated within the bid. The Commission reserves the right to reject any and all bids.

4.3. The Commissions reserves the right to waive any minor irregularities or technicalities in an otherwise valid bid.

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 13 of 55

4.4. During this project and at the discretion of the Commission, partial payments can be made at the completion of each 0.1 or more miles of road capping. Payment will be made after the work has been verified and has been performed to the satisfaction of the Commission. A “Certificate of Partial Payment” will be completed and provided to the Commission with each invoice along with copies of corresponding load tickets. For final payment a notarized “Certificate of Completion” must be submitted by the Contractor with the invoice and corresponding load tickets to the Project Manager for approval and authorization.

4.5. The Commission reserves the right to cancel the contract if the Contractor fails to perform services, repair damages, or follow procedures according to the specifications or instructions of the Project Manager or his/her designee.

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Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 14 of 55

Figure 1: Arrow indicates access point to project area, apalachicola River WEA, Franklin County, FL

Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 15 of 55

Figure 2: Overview of Job 1 location on Butcher Pen Landing Rd.

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PRICE SHEET

FWC 23/24-105

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL PRICE.

PURSUANT TO SECTIONS 287.057(1)(a)1. AND 287.057(1)(a)2., F.S., EACH CONTRACTOR SHALL

SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE RENEWED (SEE RENEWAL

CLAUSE).

Job 1.

Initial Year: Price per mile x 0.1 miles = $ _____________________________________

Renewal Year 1: Price per mile x 0.1 miles (estimated) = $ _____________________________________

TOTAL Job 1 Cost = $ ____________________________________

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: ___________________________

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Ch. 287 Invitation to Bid – Revised 2.15.2024 FWC 23/24-105, Page 17 of 55

REFERENCES

FWC 23/24-105

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 2.15.2024 FWC 23/24-105, Page 18 of 55

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

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ATTACHMENT A

FWC 23/24-105

EXPERIENCE

Information should include a chronological list (starting with most recent experience first) of Respondent’s experience, a description of the services provided for each operation and duration of each project.

EXPERIENCE #1:

DATES OF EXPERIENCE: to

EXPERIENCE #2:

EXPERIENCE #3:

EXPERIENCE #4:

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CONTRACTOR NAME AUTHORIZED SIGNATURE

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ATTACHMENT B

FWC 23/24-105

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: May 9, 2023

Section 1. PURCHASE ORDER.

A. Composition and Priority.

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term.

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

Section 2. PERFORMANCE.

A. Performance Standards.

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

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

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a timeframe 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

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

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

D. Assignment.

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the Commission expressly waives such secondary liability. The Commission may assign the Purchase Order with prior written notice to the Contractor.

E. Damages to State Property.

Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor while working on this project shall be the responsibility of the Contractor to remedy, as determined by the Commission. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while on the job site.

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

F. Subcontractor Minority Status Report.

Contractor shall provide a Subcontractor Minority Status Report to the Commission’s Contract Manager, summarizing the participation of certified and non-certified woman-, veteran- and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors. The Office of Supplier Diversity can assist in furnishing names of qualified woman-, veteran- and/or minority-owned business enterprises. Contact the Commission’s Minority Coordinator at (850) 488-6551 with any questions.

G. Independent Contractor.

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

H. Commission Rights to Undertake or Award Supplemental Contracts.

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

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

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Section 3. PAYMENT AND FEES.

A. Payment.

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