FWC 23.24-81 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC FY-23/24-81

APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA (ARWEA) PRESCRIBED BURN

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the procurement of prescribed burning services on conservation lands on the Apalachicola River Wildlife and Environmental Area in FWC's Northwest Region., 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 10.3.2023 FWC FY-23/24-81, Page 2 of 82

CALENDAR OF EVENTS

FWC FY-23/24-81

SCHEDULE DUE DATE METHOD

Bid Advertised March 8, 2024 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received

PRIOR to:

March 15, 2024

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions March 20, 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:

March 25, 2024

@ 4:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

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

Public Bid Opening March 25, 2024

@ 4:00 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference-

Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award March 26, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 3 of 82

GENERAL CONDITIONS

FWC FY-23/24-81

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 10.3.2023 FWC FY-23/24-81, Page 4 of 82

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

DIVERSITY

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

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

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

NON-MANDATORY BIDDER SITE VISIT

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

The Gulf County burn units should be accessed via:

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 10.3.2023 FWC FY-23/24-81, Page 5 of 82

Murphy Road, N29.89079, W-85.06956

Saul's Creek Road, N29.90011, W-85.08877

The Franklin County burn units should be accessed via:

Sand Beach Rd, N29.82245, W-84.90934

Bloody Bluff Rd, N29.86951, W-84.97521

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any

Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

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

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 6 of 82 procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Bidder’s failure to obtain the information made available through the Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (Page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the

State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

Current contact names and phone numbers shall be included with the bid package. See the attached references form for more detail.

IDENTICAL TIE BIDS

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

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment B ) 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.

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 7 of 82

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

Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

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

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

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

AWARDED BID/INSPECTION

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

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

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

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 8 of 82 period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any

Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

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

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

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

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

Certificate of Contract Completion form; and

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

DELIVERABLES

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

Contract:

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

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

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 C) 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 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 10.3.2023 FWC FY-23/24-81, Page 9 of 82 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.

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 10.3.2023 FWC FY-23/24-81, Page 10 of 82

SCOPE OF WORK

FWC FY-23/24-81

APALACHICOLA RIVER WILDLIFE AND ENVIRONMENTAL AREA (ARWEA) PRESCRIBED BURN

PURPOSE

The Florida Fish and Wildlife Conservation Commission (FWC) is seeking competitive pricing for the procurement of prescribed burning services on conservation lands on the Apalachicola River Wildlife and

Environmental Area (ARWEA) in FWC's Northwest Region. Natural communities on this property consist of primarily pine flatwoods, wet prairie, floodplain swamp, floodplain marsh, shrub bog, dome swamp, and hammocks. Work performed under this contract is intended to supplement the FWC's in-house prescribed burning program. Therefore, continual coordination will be required on all aspects of burn planning, preparation, and implementation with the FWC Project Manager and the FWC Contract Manager.

No minimum amount of work is guaranteed under this Contract. The FWC reserves the right to task more or less services based on the bid prices received, budgetary concerns, and/or other factors of this nature.

Prescribed burning is used to maintain and restore native plant species composition and structure. The

FWC’s goals are to:

• Increase biological diversity.

• Enhance wildlife habitat.

• Mimic natural processes.

• Reduce excessive fuel loads.

These goals can be accomplished if management units are burned with appropriate intensity to produce desired results, including varying degrees of litter removal, understory consumption, and overstory kill.

Some management units may not have been burned for a few years and therefore contain medium to high fuel loads. High intensity fires may be necessary in select cases to achieve burn objectives on certain management units.

1. PROJECT AREA/SITE LOCATION(S)

1.1. Apalachicola River WEA – The ARWEA is located in Franklin and Gulf Counties between Port St.

Joe and East Point (Figure 1). It is bordered by Highway 65 on the West side, Apalachicola National

Forest/private land on the North and East side, and primarily Apalachicola River Bay to the South.

There are numerous adjacent residential areas and inholdings. During the contractual period, new land acquisitions and other FWC-managed properties may be incorporated into this contract if agreed upon by the FWC and the Contractor. These potential properties or lands would be of similar terrain and geographically close to the original space.

2. SPECIFICATIONS

2.1. General Specifications

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 11 of 82

2.1.1. The FWC reserves the right to select a Primary and an Alternate Contractor for this project. The

Alternate Contractor will be authorized to continue the project if the Primary Contractor cannot complete it (i.e., staffing, non-compliance with contract, etc.). The FWC in no way guarantees work or payment to the Alternate Contractor.

2.1.2. All prescribed burns conducted on FWC managed lands and all prescribed burn prescriptions shall be in compliance with Section 590.125(3), Florida Statutes (F.S.) “Certified Prescribed

Burning” and Chapter 5I-2, Florida Administrative Code (F.A.C.), the FWC Division of Habitat and Species Conservation (HSC) Prescribed Burning and Wildland Fire Suppression Standards

(Attachment F) and any other applicable statutes and rules.

2.1.3. The Contractor, or any employee of the Contractor who will be leading/calling burns, must be a

Florida Certified Prescribed Burn Manager (CPBM) and have successfully completed the certification program of the Florida Forest Service (FFS, formerly the Florida Division of

Forestry), possess a valid certification (per 5-I2, F.A.C.), and have at least 5 years prior experience managing and implementing prescribed burns, including at least 20 prior burn authorizations from FFS during the past 5 years. The Contractor and/or his/her CPBM employee(s) must be able to provide documentation that he/she has successfully conducted prescribed burns both in sandhill, flatwoods, and scrub habitats and in the wildland/urban interface.

2.1.4. FWC reserves the right to consult with the Florida Forest Service (FFS) regarding the CPBM’s burn records when determining eligibility to perform under this contract. The Contractor shall maintain documentation of certifications for all CPBMs and crew members. The issuance of one or more Notice of Violation (NOV) to the CPBM for work performed under this contract shall be grounds for termination of this contract.

2.1.5. The subcontracting of the CPBM responsibilities is not permitted.

2.1.6. Burn prescriptions must be prepared on the FWC standardized burn prescription form

(Attachment G).

2.1.7. CPBMs, crew members, brush truck operators, bulldozer plow unit operators, and aerial plastic sphere dispenser operators must meet all training, certification, and experience standards outlined in HSC Prescribed Burning and Wildland Fire Suppression Standards (Attachment F).

2.1.8. All contract personnel on the burn site must be equipped with the required personal Protective

Equipment (PPE) outlined in HSC Prescribed Burning and Wildland Fire Suppression

Standards (Attachment D) (flame resistant shirt and pants, or jumpsuit; wildland fire hard hat;

leather gloves; leather boots - ≥ 8” lace-up; eye protection; hand-held radio; and fire shelter meeting USFS Specification). The CPBM must carry a cell phone or other mode of communication in order to contact FFS or other emergency personnel if needed.

2.1.9. The CPBM shall provide and maintain adequate equipment and personnel on the site while burning operations are in progress and while any risk of escape exists. The CPBM shall have at minimum one (1) Type VI Wildland engine and one (1) Type III bulldozer with plow on site during all burn operations. FFS may be subcontracted to provide one Type III bulldozer with plow to be on site. All vehicles must be equipped with four-wheel drive. The FWC, upon request from the

CPBM, may contribute, if available, personnel and equipment to assist on controlled burns. Joint

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 12 of 82 operations are encouraged but never required by the FWC to potentially allow more burn days by offsetting resource costs for individual burns.

a. Required specifications for a Type VI Wildland Engine and Type III Bulldozer:

i. Type VI Wildland Engine:

• Pump Rating: 50 GPM minimum flow at 100 PSI.

• Tank Capacity (gallons): 150-400.

• Hose (feet): 11/2” – 300; 1” – 300 Personnel (minimum): 2 persons

ii. Type III Bulldozer with Plow (Florida Forest Service Standards):

• NHP: 70-90.

• Class: Medium (e.g., D-4, D-5C, JD450, JD550, D3C).

• Ground Pressure: Low Personnel (minimum) 1 person.

2.1.10. All equipment should be thoroughly cleaned of all vegetative material/debris before entering or re-entering the area to reduce the spread of invasive exotic vegetation. The FWC reserves the right to inspect the equipment prior to its use on the area.

2.1.11. The Contractor is fully responsible for the training and safety of all personnel participating on prescribed burns. The Contractor is responsible for providing all proper personal safety equipment and ensuring said equipment is used properly. The Contractor must be able to provide adequate fire suppression equipment to support all controlled burns and said equipment must be fully operational and on site for the entire duration of the prescribed burn.

2.1.12. To ensure burn units are completed according to the priorities established by the FWC Project

Manager, the contractor shall be provided a list of priority burn units upon issuance of the purchase order. The Contractor will be provided one (1) Priority Burn List at a time and, once all units on the list are completed, a subsequent list will be provided. The Priority Burn List may be changed depending on weather and ground conditions. Contractors will burn units from the agreed upon Priority Burn List until the total number of acres specified in the purchase order are completed. Figure 2 illustrates all burn units on AREWA and Figure 5 illustrates burn history for the three previous rotations. Any of the burn units delineated in Figure 2 may be selected to burn, depending upon budget, time, and weather constraints. Draft burn prescriptions shall be delivered to and approved by the FWC Project Manager at least one (1) week prior to the scheduled burn.

2.1.13. Prescribed burning can occur in any month during the life of the contract with growing season

(April – September) being priority. The actual dates will be based on weather conditions and fuel conditions as written in the burn plan and agreed to by the FWC Project Manager. The

Contractor shall notify the FWC Project Manager at least one (1) day prior to each estimated burn date. FWC may limit or prohibit a burn on any given day, based on fuel loads, smoke considerations, weather parameters, public use such as hunting seasons, or other factors.

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2.1.14. The FWC Project Manager may assign a specific season to a management unit based on desired future conditions. An emphasis will be placed on growing season burns wherever possible, but winter burns are acceptable if approved by the FWC Project Manager. Some units may have extensive duff build up around the base of old growth pines and the edges of swamps with cypress needle cast. Extra precautions may be required to minimize tree stress and/or mortality; this shall include but not be limited to low Keetch-Byram Drought Index (KBDI) requirements, low number of days since last rain, extra mop-up requirements, and/or other weather restrictions that may be required by the FWC Project Manager.

2.1.15. Care must be taken not to impact any known imperiled or other wildlife species identified by the

FWC Area Manager. Determination as to whether this responsibility is being met by the

Contractor shall be made by the FWC Project Manager in consultation with appropriate Subject

Matter Experts (SMEs).

2.1.16. Excluded burn dates (FWC Project Manager will provide subsequent season dates) are as follows for the initial year: None. Excluded dates for subsequent years will be determined at the beginning of that year’s contract period.

2.1.17. The Contractor shall be responsible for all costs and liability associated with burning activities such as any fire suppression costs, fines, or damages resulting from burns that escape the burn unit or resulting from smoke originating from a burn. The FWC shall not be held responsible for damage to the Contractor’s equipment resulting from any activity associated with the burn. The

Contractor shall have and maintain sufficient liability insurance.

2.1.18. Failure to conduct burning operations on at least five days when weather conditions are consistent with approved prescriptions and the current Priority Burn List during any 28-day period may result in an initial notification (via certified letter) to the Contractor that its performance is failing to adhere to the terms of this Contract. The Contract may be terminated with notification (via certified mail) to the Contractor indicating its continued failure to adhere to the terms of this Contract if an additional 14-day period occurs without burning operations on at least 3 days when weather conditions are consistent with approved prescriptions and the current Priority Burn List.

2.1.19. It shall be the responsibility of the CPBM to:

a. Remove from the job site any trash or debris associated with the project.

b. Obtain any and all permits, licenses and insurance that may apply to the job.

c. Assess the need for and supply the necessary equipment, labor, and materials to complete the job.

d. Keep gates closed and locked after leaving the project site, if applicable.

2.1.20. Any damage to existing state property (i.e. roads, culverts, low water crossings, fences, gates, signs, or natural resources) caused by the Contractor and not within the scope of the project work will be the responsibility of the Contractor.

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2.1.21. In the event historical or cultural artifacts are uncovered during site preparation or burning activities, the Contractor shall immediately halt activities within the area and notify the FWC

Project Manager.

2.2. Preparation, Execution, Mop-Up and Declaring the Fire Out.

2.2.1. No new additional firelines shall be constructed without prior written approval from the FWC

Project Manager. All non-natural firelines and fireline mechanical preparation work will be disked by FWC staff. The Contractor may touch up firelines and conduct additional fireline mechanical preparation work as needed with prior approval from the FWC Project Manager.

2.2.2. On the day of the burn, the CPBM shall inspect the perimeter of the burn unit for vehicles or other such signs that may be indicative of recreational users within the burn unit. If it is determined that individuals may be within the burn unit, then ignition shall not take place until verification is made that all individuals are out of the area.

2.2.3. A copy of the burn prescription and site map showing firelines, roads, natural features, safety zones, escape routes, and any other pertinent information shall be in the possession of the CPBM for the duration of the burn. A copy of the site map shall be in the possession of each crew member for the duration of the burn.

2.2.4. Final burn prescriptions shall be prepared and supplied to the FWC Project Manager on the day of the burn. The burn prescription shall include, at a minimum, burn authorization number; the

CPBM’s name, signature, and certification number; date the prescription was prepared;

maximum temperature, wind speed, and transport wind speed; acceptable wind direction, mixing height, transport wind direction, and dispersion range (day time and night time);

minimum relative humidity (RH); a smoke management plan; National Weather Service and spot-weather forecasts, and a map of burn unit(s) to be burned.

2.2.5. The CPBM shall certify that the current and forecasted weather conditions meet the approved parameter ranges (Attachment H) and that all necessary factors included in the approved burn prescriptions are met prior to ignition. Exceptions to the parameter ranges can be made to help meet the goals and objectives for a unit with prior written approval from the FWC Project

Manager. Spot weather forecasts for the nearest locations shall be issued the day of the burn.

2.2.6. Ignition techniques can include strip head, flanking, point source and flanking, backing fire, or a combination of techniques necessary for a particular burn depending on the burn objectives established by the FWC Project Manager, time since last burn, vegetative structure, and fuel arrangement. The ignition techniques to be used will be outlined in the prescription.

2.2.7. Burn planning shall take into account the probability of smoke and/or fog impacts on roadways and other smoke sensitive areas. All fires shall be conducted by a CPBM whose burn record will permit him/her to secure open burning authorizations from the FFS. All required personnel, equipment, firebreaks, and permits as established by statute and rule shall be in place by the

CPBM prior to ignition.

2.2.8. The CPBM must remain on site until there is no more fire spread or potential for spread. The

CPBM is responsible for checking on the fire on the days following the burn until the fire is declared out. The cost for monitoring the fire and reporting on its status to the FWC Project

Manager and FFS dispatch until declared out must be entered into the cost per acre bid price.

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2.2.9. The CPBM shall follow and adhere to all standards for mop-up, monitoring, and declaring the fire out including, at minimum those listed below as well as additional requirements specified in the burn prescription.

a. Containment and Mop-up - The Contractor shall extinguish all visible flames within 100 feet of any paved County Road, State Road, or US Highway and within 50 feet of any WMA/WEA roads, perimeter firelines and boundaries. The Contractor shall extinguish aerial fuels and snags that pose a risk along perimeter firelines/roads and fell snags away from firelines/roads if necessary. Unburned fuels adjacent to firelines/roads are to be burned out or isolated. All firelines are to be reinspected and cleaned out if necessary, prior to the CPBM leaving the burn. All spreading fire will be extinguished by 1 hour after official sunset. If the prescribed fire rekindles after the fire is declared out, then the Contractor will be responsible for extinguishing and/or monitoring the fire based on FFS and FWC directives. Smoke signs will be reposted along roadways that are likely to be affected by smoke until all visible smoke is extinguished.

b. Monitoring – Monitoring the burn unit will begin immediately following the burn. Daily monitoring of the fire must occur during strong winds and/or low humidity events during active burning and until the fire is declared out. Additional mop-up may be necessary to reduce tree mortality and escape potential as well as prevent smoke impacts to paved County and State Roads or US Highways.

c. Declaring the Fire Out – The fire will be declared out when the following standards are met:

i. Mop-up has been completed and meets standards.

ii. No combustion observed within burn unit or spotovers for a minimum of three days depending on site and weather conditions.

iii. Firelines are in satisfactory condition.

2.2.10. A post burn evaluation (Attachment I) in which details are generated regarding the burn within one (1) week of the fire being declared out will be required. The post burn evaluation must include, at a minimum, burn unit name and number, burn authorization number, number of acres in burn unit, percent of each burn unit actually burned, hour burn started, hour active burn completed, time and date burn was declared out, objective of burn (i.e. fuel reduction, wildlife, site prep, etc.), whether the burn is expected to achieve habitat management, silvicultural, or fuel reduction objectives, main firing techniques utilized, ignition method, estimated intensity of the burn, and whether all aspects of the prescribed burn were conducted within the prescription on the burn site during the ignition phase of the burn.

2.3. Suppression.

2.3.1. The CPBM must take every precaution to ensure the fire does not escape the prescribed boundary and that the prescribed burn is carried out in a safe manner. In the event of an escaped fire, FFS must be notified immediately, followed by the FWC Project Manager. The Contractor shall be responsible for all suppression and mitigation costs. If tractor/plow equipment is used by the CPBM or FFS to construct firelines, either to "shut down" the fire within the planned burn unit or to suppress an escaped fire, the Contractor, at his/her expense, shall rehabilitate

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 16 of 82 said firelines to the satisfaction of the FWC Project Manager before an invoice for the prescribed burn will be processed. Rehabilitation shall consist of returning firelines to natural grade.

3. PAYMENT

3.1. At the discretion of FWC, partial payments can be made upon satisfactory completion of periodic intervals of the work as determined by the FWC Project Manager (i.e., upon completion of a burn unit). The Contractor may invoice FWC burn unit by unit once the post-burn evaluation has been completed and the report submitted to the FWC Project Manager. To receive partial payments, the

Contractor must complete and submit a “Certificate of Partial Payment” form (Attachment D) and an invoice to the FWC Project Manager. Payments will be made after each job has been verified and has been performed to the satisfaction of FWC.

3.2. The Contractor’s invoices must contain at a minimum:

3.2.1. Contractor name.

3.2.2. Contractor remit to address.

3.2.3. Bill to name and address.

3.2.4. Invoice number.

3.2.5. Invoice date.

3.2.6. Total amount due for the invoice.

3.2.7. Task Order number (when applicable).

3.2.8. Location (WMA/WEA name) of service.

3.2.9. Burn unit(s) (identification number) completed.

3.2.10. Dates of service.

3.2.11. Purchase order number.

3.3. Acres burned as a result of an escaped fire and not intended to be burned per approved prescription will not be compensated.

3.4. All burning must be completed and the final invoice for a fiscal year must be received by the FWC

Project Manager by June 15 of that fiscal year to allow adequate processing to make payment.

4. FINANCIAL CONSEQUENCES

4.1. The Commission will deduct 3% of the payment to the Contractor if the services are not satisfactorily completed by the Contractor by the date specified on the Purchase Order.

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5. FIGURE 1

5.1. Location Map Apalachicola River WEA

5.1.1.

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6. FIGURE 2

6.1. Burn Units Apalachicola River WEA

6.1.1.

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7. FIGURE 3

7.1. Gulf County Burn Units Apalachicola River WEA

7.1.1.

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8. FIGURE 4

8.1. Franklin County Burn Units Apalachicola River WEA

8.1.1.

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9. FIGURE 5

9.1. Apalachicola River WEA Burn History 2018-2023

9.1.1.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 10.3.2023 FWC FY-23/24-81, Page 22 of 82

PRICE SHEET

FWC FY-23/24-81

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). AN ALTERNATE CONTRACTOR WILL BE SELECTED BASED ON THE SECOND LOWEST

TOTAL PRICE BUT IS NOT GUARANTEED WORK.

INITIAL TERM PRICE: $ _________________________ / ACRE

RENEWAL YEAR 1 PRICE: $ _________________________ / ACRE

RENEWAL YEAR 2 PRICE: $ _________________________ / ACRE

RENEWAL YEAR 3 PRICE: $ _________________________ / ACRE

TOTAL BID PRICE (Initial Term+RY1+RY2+RY3): $_________________________ / ACRE

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

THE SERVICE AT THE…