FWC 23.24-117 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 23/24-117

LAKE OKEECHOBEE – LAKEWIDE HERBICIDE APPLICATION

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for an hourly contract to apply herbicide to noxious and invasive vegetation within Lake Okeechobee on an as-needed basis, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 2 of 55

CALENDAR OF EVENTS

FWC 23/24-117

SCHEDULE DUE DATE METHOD

Bid Advertised May 29, 2024 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received

PRIOR to:

June 5, 2024

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions June 10, 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:

June 14, 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 June 14, 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 June 18, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 3 of 55

GENERAL CONDITIONS

FWC 23/24-117

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the

Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 4 of 55

PROCUREMENT MANAGER

Matthew Carroll

Matthew.Carroll@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 three (3) years after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections

287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes (F.S.), each Bidder shall supply a price for each year that a contract may be renewed. Evaluation of bids shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Bidder.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor if it desires to exercise this renewal option will provide written notice to the

Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The

Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment.

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

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the

Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

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

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 mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 5 of 55

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

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.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 6 of 55

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment D) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

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

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

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

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.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 7 of 55

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, 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 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 3.27.2024 FWC 23/24-117, Page 8 of 55 successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:

• review, verify, and approve receipt of services/deliverables from the Contractor;

• submit requests for change orders/amendments/renewals, if applicable;

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the

Certificate of Contract Completion form; and

• maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required 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 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.

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, Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 9 of 55 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 3.27.2024 FWC 23/24-117, Page 10 of 55

SCOPE OF WORK

FWC 23/24-117

LAKE OKEECHOBEE – LAKEWIDE HERBICIDE APPLICATION

1. REPORTS AND REQUIREMENTS

1.1. The Contractor shall provide equipment and personnel needed to complete herbicide work listed in

“HERBICIDE PROCEDURES” (3.0).

1.2. The Contractor’s herbicide operation shall be coordinated and conducted under the direct daily supervision of the FWC Contract Manager or designee.

1.3. Any or all treatments may be requested within Lake Okeechobee at any time of the year. Each herbicide treatment shall start within 2 weeks of contact (by email or phone call) from the FWC

Contract Manager or designee, unless another date is specified. After each treatment, an invoice shall be submitted for work completed and approved by the FWC Contract Manager within 1 week of completion.

1.4. Hourly prices shall be requested for multiple types of spray equipment such as airboats, moist soil ground equipment (i.e. swamp buggy, ATV), amphibious vehicles (i.e., Argo), backpack sprayers and pickup trucks. Hourly price per piece of equipment shall include the hourly cost of one crew member using that equipment and shall include transportation of equipment and crew to the treatment site.

Required equipment will be dependent on lake conditions, plant species and treatment type. Bid will be awarded to the overall lowest ”TOTAL BID PRICE” for all equipment types combined.

2. LOCATION AND TRANSPORTATION

2.1. The herbicide projects shall be conducted anywhere within Lake Okeechobee, located within

Okeechobee, Glades, Hendry, Palm Beach and Martin counties. Known potential projects will be listed, but other projects may occur.

2.2. The Contractor shall be responsible for transport of all equipment and personnel required to complete the project at the herbicide locations. An airboat may be used at any of the listed ramps, including others on the lake that may not be listed (Figure 1). In coordination with the FWC

Contractor Manager, swamp buggies, ATVs, Argos and 4-wheel drive pickup trucks may be used to reach some of the seasonally dry areas that have access points, particularly in the northwest marsh.

Several other unlisted public ramps and access points are available around Lake Okeechobee and, in coordination with the FWC Contract Manager, may be used as needed. Using ground equipment vehicles or certain ramps will require the use of a levee key to access the Herbert Hoover dike.

Arrangements would be made to borrow a key if needed. A sign-out form to borrow the key will be required with replacement cost covered by the Contractor if lost.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 11 of 55

2.3. Location reference coordinates:

Name Latitude Longitude

Okee-Tantie Ramp 27.15099843820 -80.86452317920

Yankee Point Ramp 27.13585863100 -80.85986362990

Cypress Fringe Access 27.08932936420 -80.94055836840

Cabbage Jump Ramp 27.10984918250 -80.91724397370

Indian Prairie Ramp 27.06047942920 -80.97158302690

Dyess Ditch Ramp 27.00245317850 -81.05282357560

Harney Pond Ramp 26.99548956400 -81.06730917730

Alvin Ward Ramp 26.83921744660 -81.08180139150

Clewiston Ramp 26.76162719270 -80.92301547030

Torrey Island Ramp 26.70455605590 -80.71817169480

Paul Rardin Ramp 26.74906988050 -80.68449696730

Pahokee Ramp and Marina 26.82567576260 -80.66723079870

J & S Ramp and Lock 27.08652049520 -80.66124273870

Henry Creek Ramp and Lock 27.16310476440 -80.71597071580

3. HERBICIDE PROCEDURES

3.1. Plants being targeted for herbicide treatment within Lake Okeechobee consist of the following species. Species may be added or subtracted to the target list at the FWC Contract Manager’s discretion.

Plant Species Common Name

Ampelopsis arborea Peppervine or “cow itch”

Imperata cylindrica Cogongrass

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 12 of 55

Ipomea sp. Moonvine

Ludwigia sp. Primrose willow

Macroptilium lathroides Phasey bean

Melaleuca quinquenervia Melaleuca

Mormodica charantia Balsam apple/pear

Phragmites australis Common (giant) reed

Panicum repens Torpedograss

Schinus terebinthifolius Brazilian pepper

Scleria lacustris Wright’s nutrush

Typha spp. Cattail

Urena lobata Caesar weed

Urochloa mutica Paragrass

3.2. The FWC Contract Manager will provide the herbicide, adjuvant, and blue dye (use as required at

FWC Contract Manager’s discretion) before each treatment. Herbicide cannot be left at the treatment site; the Contractor shall need to transport the herbicides each day until treatment is complete. The remaining herbicides shall be returned to the FWC Contract Manager at the end of each treatment. Any empty containers will be disposed of by the Contractor.

3.3. All pieces of spray equipment, except backpack sprayers, shall be required to install and use GPS tracking equipment provided by the FWC Contract Manager. Assistance with installation will be provided if needed. The GPS must be installed and tracking for the duration of the project.

3.4. Potential Treatment Areas. Exact launch areas and treatment areas will be determined prior to the start of each project. Instructions on treating each area will also be given prior to the start of any project. Treatments outside those listed may also occur.

3.4.1. Torpedograss Treatment: These treatments shall occur in the spring, summer or fall and are to provide spot treatments of torpedograss within previously managed areas. Treatment acreage and areas will vary each year. Polygons will be provided for treatment. Aquatic-labeled imazapyr will be used as the primary herbicide. Aquatic-labeled sethoxydim (TIGR) may also be used in some areas. Treatments will vary each year and may last several weeks to over a month dependent on torpedograss coverage levels and needs. Crew size requested is typically 4 -8 crew members with equipment types varying based on water levels.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 13 of 55

a. Dependent on water levels, moist soil (i.e., ATV, buggy), amphibious vehicles (i.e., Argo) or airboats shall be requested to spot-treat torpedograss within the northwest marsh of Lake

Okeechobee in Glades County. The best access for the northwest marsh will likely be the

‘Cypress Fringe, Cabbage Jump Access or the levee near the Indian Prairie ramp’ and will require a levee key to get there.

b. The best access for Moore Haven marsh will be Alvin Ward boat ramp. This area may not be needed each year and is only accessible by an amphibious vehicle when dry, or an airboat when wet.

3.4.2. Cypress Fringe Treatments: These treatments shall primarily occur in the spring and/or summer within a wetland tree planting area (primarily bald cypress) but may occur other times of the year as needed. The best access is the ‘Cypress Fringe’ access point and will require a levee key for access. From the access point, transport will be needed to the site

(usually by truck, rarely airboat) and backpack sprayers shall be used to treat the requested species.

Species may include, but are not limited to, cogongrass, Brazilian pepper, peppervine and torpedograss. Herbicides for these treatments may include aquatic-labeled glyphosate, imazapyr, sethoxydim and triclopyr dependent on the location and type of the plants. These treatments typically last a week and can occur annually or bi-annually. Crew size requested is typically 4 crew members with backpack sprayers.

3.4.3. Berm Treatment: These treatments shall occur any time of the year on any of the berms throughout Lake Okeechobee and will be managed through the use of backpack sprayers.

Access location will vary depending on which berm is requested, but the most likely berms will be Indian Prairie canal berm (accessed by truck and may require ground crews or truck for management) and the Moore Haven canal berm (accessed by airboat and will use ground crews for management). Other berms throughout the lake may be requested as needed.

Species may include, but are not limited to, cogongrass, paragrass, Brazilian pepper, peppervine primrose willow, Caesar weed and torpedograss. Herbicides for these treatments may include, but are not limited to, aquatic-labeled glyphosate, imazapyr, sethoxydim and triclopyr dependent on the location and type of the plants. These treatments will vary in length and may occur annually or bi-annually. Crew size requested is typically 4-8 crew members with backpack sprayers.

3.4.4. Island Treatment: These treatments shall occur any time of the year on any of the islands throughout Lake Okeechobee, though this will not be the primary Contract for this work. Two main island groups may be managed. The northwest marsh islands are typically accessed through the ‘Cabbage Jump’, ‘Yankee Point’ or ‘Okee-Tantie’ ramps. These islands are heavily planted with natives and require very selective cutting and spraying to avoid impacting the plantings. The Fisheating Bay Islands located on the western side of the lake are accessed at

‘Harney Pond’ or ‘Dyess Ditch’ ramps and have less plantings to avoid. Other islands within the lake may be requested as needed.

All islands shall require an airboat or other boat to transport backpack crews. Species may include, but are not limited to, paragrass, Caesar weed, moonvine, balsam apple, common reed and phasey bean. Herbicides for these treatments may include but are not limited to aquatic labeled glyphosate, imazapyr, sethoxydim and flumioxazin. These treatments are typically a week in length and will take place no more than a few times a year to supplement other maintenance activities. Crew size requested is typically 4-8 backpack crew members.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 14 of 55

3.5. Treatments shall be conducted in a manner that will minimize non-target damage when possible.

Any planted trees or shrubs that are killed by cutting or herbicide shall be replaced by the

Contractor.

3.6. One to four weeks after treatment is completed (could be longer dependent on herbicide used), the

FWC Contract Manager will inspect the treated areas to ensure treatment is complete and assess non-target damage. Spray tracks from GPS equipment (if applicable) will be used to determine coverage.

3.7. The Contractor shall be responsible for treatment of 100% of target vegetation. Control efforts shall be at least 95% effective in killing treated plants. If a minimum of 95% kill rate is not achieved after the final treatment for any treated area of the project one month following treatment, one additional thorough (i.e., to achieve at least 95% kill rate) treatment of the target plant species shall be the responsibility of the Contractor at no cost to the Commission. The Commission’s decision as to the overall effectiveness of the treatment is final.

3.8. The Contractor shall be required to maintain a daily operational report for each species treated. The

FWC Contract Manager will also be tracking herbicide usage daily to avoid label rate violations, with the Contractor ultimately responsible for keeping track. The Aquatic Plant Report of

Operations Form (Figure 2; provided by the FWC Contract Manager) shall include the date, weather conditions at time of treatment, applicator’s name, target area worked, acres treated of each species, and type/quantity of herbicides/adjuvants used on each species. Copies of these reports shall be provided to the FWC Contract Manager at the end of each week of operation. For agency reporting purposes, the total amount of herbicide (and type) used must be provided to the FWC Contract

Manager each week.

3.9. The Contractor shall employ a crew supervisor that is required to be on-site at all times during work hours. The crew supervisor must possess a current Florida Department of

Agriculture & Consumer Services (FDACS) herbicide application license in either the Natural Areas

Weed Management (Category 21) or Aquatic Pest Control (Category 5A). Proof of such license(s) shall be provided with the Contractor’s bid solicitation response and any time upon request during the contract term. A license will also be required for anyone mixing herbicides. The FWC Contract

Manager reserves the right to inspect, at any time, the Contractor’s certifications, documentations, procedures, equipment, and techniques. Inspection does not relieve the Contractor of any obligations or responsibilities, nor does it transfer any liabilities to the FWC.

3.10. The Contractor’s handlers and workers shall meet all provisions of the Environmental Protection

Agency (EPA) Worker Protection Standard (WPS). The Contractor shall ensure that personnel use proper protective clothing and safety equipment required by EPA labeling for the herbicide and application method.

3.11. During the term of the contract, all applicators must demonstrate basic plant identification skills

(e.g., be able to differentiate between target species and non-target species). Applicators shall make all attempts to ensure that only target species are treated.

3.12. The FWC Contract Manager may delay or cancel treatments if circumstances occur that may inhibit treatment success. The Contractor must stop work in sufficient time prior to rain events to allow applied herbicides to become rainfast and effective. This decision will be the Contractor’s responsibility; however, if the FWC Contract Manager requests a work stoppage due to approaching rain or high wind events, the Contractor must comply.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 15 of 55

3.13. Once a project is completed, work areas shall be cleared of any herbicide containers and work-related litter. Such containers shall be recycled or disposed of by the Contractor in the manner specified on the container label.

3.14. The Contractor shall be responsible for all costs of damages, clean up, and decontamination should an herbicide spill occur. The Contractor shall be liable for all treatment costs associated with the introduction of a new exotic or invasive plant if it is determined by the FWC Contract Manager to be the direct result of Contractor treatment activities. The Commission’s decision is final. The

Contractor shall be responsible for the cleanup of ALL spills, including fuel, oils, lubricants, chemicals, and hazardous waste, regardless of the quantity/size. The Contractor shall have a hazardous spill kit on site at all times. The Contractor shall also have herbicide labels and MSDS sheets for appropriate herbicides on site at all times. The FWC Contract Manager may inspect the

Contractor for these items. All herbicide and fuel must be mixed outside wetland areas or be in a portable spill containment device such as a tub or tote.

3.15. During the contract term, in addition to the other insurance requirements identified in the solicitation and this agreement, the Contractor, at its sole expense, shall maintain pollution insurance with such terms and limits as may be reasonably associated with the Agreement.

Providing and maintaining adequate insurance coverage is a material obligation of the Contractor, and failure to maintain such coverage may void the contract. During the contract term, in addition to the other insurance requirements identified in the solicitation and this agreement, the Contractor, at its sole expense, shall be responsible for maintaining any other insurance with such terms and limits as may be reasonably associated with the agreement.

4. SAFETY

4.1. The presence of any hazardous materials shall be brought to the attention of the FWC Contract

Manager immediately.

4.2. No equipment shall be operated in a manner that significantly damages the natural resources in these areas. The Contractor shall be responsible for and repair/replace, to the satisfaction of the

FWC Contract Manager, all Contractor -induced damage. The Contractor shall assume full legal and financial responsibility for permit and chemical label violations resulting from the activities of their employees.

4.3. 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 in connection with the work. The Contractor shall be responsible for protecting and safeguarding employees and the public in connection with the work and job site.

The FWC Contract Manager shall not be responsible for safety on or off the job site.

5. AWARD, PAYMENT CRITERIA, AND FINANCIAL CONSEQUENCES

5.1. Bidders shall submit an hourly bid price for each type of equipment (“Price Sheet”) for one crew member using that piece of equipment. The hourly rate shall include all costs associated with transport of equipment to the site from the access point, one crew member, tanks, hoses, and other associated parts.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 16 of 55

5.2. A minimum of three (3) references from persons or firms for whom the bidder has performed jobs that are sufficiently similar to this project as specified herein, within the last three years, must be supplied with the bid.

5.3. The Contract will be awarded to the one responsible and responsive bidder who submits the overall lowest responsive, responsible “TOTAL BID PRICE”.

5.4. Payment shall be made upon completion of work specified on the purchase order contract. Final payments will only be made if the quality of work is approved by the FWC Contract Manager. The

Contractor will be paid for all herbicide work completed within that treatment. Payment will be made when all requirements are met. Multiple treatments and payments may be made within each fiscal year.

5.5. Eligible crew member operating time: The time the crew member spends during the workday performing an aquatic plant control operation in accordance with this solicitation. Eligible operating time includes: equipment use from launch site to treatment site, actual spray operations on the treatment sites, travel time from treatment site to treatment site, and return to launch site.

Eligible crew operating time does not include: travel time from the Contractor's office to the Contract

Manager’s office, travel time from the Contractor's office or place of lodging to the launch site, crew time for lunch and break periods, down time for equipment repair, or for other delays that may halt spray operations.

5.6. If the Contractor materially fails to comply with the terms and conditions of this Agreement, including any federal or state statutes, rules, or regulations applicable to this Agreement, the

Commission may take one or more of the following actions, as appropriate for the circumstances:

5.6.1. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;

5.6.2. Wholly or partly suspend or terminate this Agreement;

5.6.3. Take other remedies that may be legally available;

5.6.4. Notwithstanding the above, the Commission shall pay the Contractor for all expenses, including but not limited to non-cancellable obligations, up to the date of termination.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 17 of 55

6. FIGURE 1

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 18 of 55

7. FIGURE 2

Aquatic Plant Control Program, Report of 0perations

Waterbody Name:

Vegetation Species*: Date: through Contractor/Company:

Monday Tuesday Wednesday Thursday Friday Saturday Sunday

LIST BELOW THE AMOUNT OF HERBICIDE/ADJUVANT USED IN GALLONS OR POUNDS ONLY

Herbicide(s)* LIST CHEMICAL AND TRADE

NAME BELOW

Adjuvant(s) LIST TRADE NAME BELOW

Acres Controlled* (Each Day)

Daily Conditions (wind, speed, etc.)

Comments/Explanations, etc.

*MUST BE LISTED ON APPROVED WORKPLAN

Submitted (contractor): Approved (Contract Manager):

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 19 of 55

PRICE SHEET

FWC 23/24-117

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price bid shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. The bidder shall provide their bid based on the hourly cost per person per mode of transport. Hourly cost per piece of equipment shall include the hourly cost of one crew member using that equipment, and shall include the cost of transportation of equipment and crew to and from the site. All

‘Modes of Treatment’ must be filled out or the bid will be rejected. Herbicide shall be provided by the FWC Contract Manager.

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

BIDDER THAT SUBMITS THE LOWEST “TOTAL BID PRICE”. PURSUANT TO SECTIONS 287.057(1)(a)1., AND 287.057(1)(a)2., FLORIDA

STATUTES EACH CONTRACTOR SHALL SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE RENEWED. (SEE

RENEWAL CLAUSE). “Term” represents “July 1 – June 30” (2024-25 [Initial Term], 2025-26 [Renewal Term 1]. 2026-27 [Renewal Term 2], and 27-28 [Renewal Term 3]).

*Note: Total Bid Price is for award purposes only.

Mode of Treatment Hourly Cost (per crew member)

Initial

Term

(A)

Renewal

Term 1

(B)

Term 2

(C)

Term 3

(D)

Total

(Add columns A-D)

1. Airboat with Tank $

2. Moist Soil Ground Equipment with

Tank ie, Swamp Buggy, ATV

3. Amphibious Equipment with Tank ie, Argo

4. Pickup Truck with Tank $

5. Backpack Sprayer

(must include cost of transport of crew member to site)

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 20 of 55

TOTAL BID PRICE*

(Sum of Total column for Rows 1-5)

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

ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF

FREEDOM OF COMPETITION.

Contractor: Title:

Address: City/State/Zip:

Telephone: E-mail:

Print Name: Sign Name:

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 23/24-117, Page 21 of 55

REFERENCES

FWC 23/24-117

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…