FWC 24.25-20-ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-20

TREE & SHRUB MAINTENANCE IN THE EVERGLADES COMPLEX OF WILDLIFE

MANAGEMENT AREAS

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the annual maintenance of planted trees and shrubs in the Everglades Complex of Wildlife Management Areas (ECWMA) which includes Everglades and Francis S. Taylor Wildlife Management Area (EWMA), Holey Land Wildlife Management Area (HWMA), and Rotenberger Wildlife Management Area (RWMA), 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 undersi gned attest to the fo l l owi ng:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety. We have examined the site in reference to the specifications contained within this ITB and have familiarized ourselves with the entire site and have exami ned care ful l y the extent o f the work that i s needed.”

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 2 of 52

CALENDAR OF EVENTS

FWC 24/25-20

SCHEDULE DUE DATE METHOD

Bid Advertised September 17, 2024 Posted on the Vendor Information Portal

(VIP)

Deadline to RSVP for Mandatory Pre-Bid Conference/Site Visit

September 25, 2024 @ 5:00 PM ET See Pre-Bid Conference Clause

MANDATORY Pre-Bid Conference

September 27, 2024 @ 10:00 AM ET See Pre-Bid Conference Clause

Deadline for Questions Must be received

PRIOR to:

October 1, 2024

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions October 4, 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:

October 15, 2024

@ 2:00 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 October 15, 2024

@ 2:00 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 October 21, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 3 of 52

GENERAL CONDITIONS

FWC 24/25-20

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 24/25-20, Page 4 of 52

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective for three (3) years from the date of Purchase Order Issuance.

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.

MANDATORY PRE-BID CONFERENCE/SITE VISIT

A mandatory pre-bid conference will be held at 3A North, 1-75 Mile Marker 38 (26.1468821o, -80.6784888o) on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/site visit Meeting is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. Vendors must attend this pre-bid conference as a requirement of bid responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 5 of 52 disqualify a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/site visit, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/site visit shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

As FWC equipment will be used to access the site during the Site Visit portion of this meeting, please RSVP to the Procurement Manager, no later than the date/time specified above, notifying FWC that the Vendor will be attending the Site Visit. Please note that there will be a cap of one (1) representative from each Vendor for the Site Visit. Vendors who do not RSVP will still be able to attend the Pre-Bid Meeting, but will not be able to participate in the Site Visit.

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 3.27.2024 FWC 24/25-20, Page 6 of 52 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 3.27.2024 FWC 24/25-20, Page 7 of 52

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 Avenue 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 total 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 3.27.2024 FWC 24/25-20, Page 8 of 52 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.

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 $150.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 9 of 52

PERMITTING

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

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

CONDITIONS AND SPECIFICATIONS

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 10 of 52

SCOPE OF WORK

FWC 24/25-20

TREE & SHRUB MAINTENANCE IN THE EVERGLADES COMPLEX OF

WILDLIFE MANAGEMENT AREAS

PURPOSE

The intent of this bid is to obtain competitive bids for the annual maintenance of planted trees and shrubs in the Everglades Complex of Wildlife Management Areas (ECWMA), which includes Everglades and Francis S. Taylor Wildlife Management Area (EWMA), Holey Land Wildlife Management Area (HWMA), and Rotenberger Wildlife Management Area (RWMA) (see Figure 1). Trees and shrubs have been planted with metal exclosures over the past 22 years and maintained on an annual basis. Annual maintenance of planted trees and shrubs increases survival of plants and assists area staff in tracking survival rates and planning future restoration activities.

The scope of work will include the removal of weeds from tree and shrub metal exclosures, the removal and disposal of metal exclosures, and data collection. There will be approximately 8,000-10,000 exclosures in need of maintenance in accordance with the procedures outlined herein. The Florida Fish and Wildlife Conservation Commission (FWC) reserves the right to increase or decrease the size of the project based on budgetary constraints, received bids, etc.

LOCATION AND TRANSPORTATION

A. The tree and shrub exclosure maintenance will be conducted on tree islands within the ECWMA

(Figure 1).

B. Access to the tree islands will require specialized equipment such as an airboat or tracked vehicle depending on area water levels. Procurement or rental of such equipment will be the responsibility of the awarded Bidder (Contractor).

C. EWMA work sites are accessed as follows:

i. WCA 3A North is accessed via the I-75 boat ramps, or the L-4 and L-5 levees (Figure 2).

ii. WCA 2A is accessed by the US-27 East Recreational Site, Loxahatchee Road boat ramp, or the

L-6 levee (Figure 2).

iii. WCA 2B is accessed by the Sawgrass Recreational Area boat ramp (Figure 2).

iv. WCA 3A South and WCA 3B are accessed by either the I-75 boat ramps or US-41/Tamiami Trail boat ramps (Figure 3).

D. HWMA is accessed by the boat ramps on the L-5 levee (Figure 4).

E. RWMA is accessed by the boat ramps on the L-23 levee and Powerline levee (Figure 4).

F. No vehicles or transportation equipment will be allowed on the tree islands. Vehicles must be parked adjacent to tree islands.

G. Every effort shall be made by the Contractor to avoid damage to native vegetation and wildlife. No items (equipment, trash, etc.) are to be left at the work site.

TREE/SHRUB EXCLOSURE MAINTENANCE REQUIREMENTS

A. Exclosures for living plants are to be cleared of weeds and other debris that may be shading out and/or restricting growth of the planted tree or shrub. See Figure 5 for an exclosure example.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 11 of 52

B. Exclosures shall be placed upright and stabilized, as needed.

C. The use of herbicides and weed trimmers are prohibited unless prior written approval is obtained from the FWC Project Manager.

D. For exclosures containing dead plants, the Contractor shall remove the tag and submit to the FWC Project Manager along with their report (See Report and Requirements Section). Further, the Contractor shall remove the entire exclosure, including stakes/rebar, from the area and properly dispose of off-site.

E. For plants that are growing through or around their exclosures, a portion of the exclosure can be cut and removed only if the exclosure is impeding growth. If the exclosure is not inhibiting the plant’s growth it shall be left intact to ensure continued protection.

F. Living plants that have been blown over, up-rooted or are in the process of falling over, are to be replanted, staked and tied up for support, and the cage must be fixed such that it is upright and stabilized.

G. Exclosures and rebar shall be removed from live plants per the following specifications:

• Carolina willow trees that have at least a 2-inch diameter and are at least 10 feet tall.

• Trees and shrubs (Carolina willow, cocoplum, firebush, myrsine, sabal palm, and wild coffee) that have outgrown (bursting through and over) their exclosures.

• Other plants selected by the FWC Project Manager for removal. These exclosures will be flagged and information will be provided to the Contractor prior to the Contractor working on the specific island.

• The FWC Project Manager selected entire islands for exclosure removal. The contractor will be provided with information prior to working on these specific islands.

H. Exclosures have been constructed of 48-inch tall, welded wire fencing with 2-inch by 4-inch mesh and secured with two 48-inch metal fence posts or rebar. Most exclosures have a minimum diameter of 3 feet for all plants except cocoplum, firebush, myrsine, sabal palm and wild coffee, which may have a minimum diameter of 5 ft. Separate exclosures have been constructed for individual plants except for some cocoplum, firebush, myrsine, and wild coffee, which may have one exclosure for two or three plants with multiple tags on the exclosure.

I. Individual tree and shrub exclosures have been labeled with a metal tag. The metal tag includes the island number, an abbreviation of the plant’s respective common name, the date planted and an individual plant number. Care should be taken when cleaning cages to prevent tags from falling off and being lost. In the event the tag(s) falls off and is found on the ground, the Contractor is required to reaffix the tag to the cage, matching the correct tag/species utilizing plastic-coated galvanized wire provided by the FWC Project Manager. Any unused wire provided by the FWC should be returned to the Project Manager at the completion of the project.

REPORTS AND REQUIREMENTS

A. Once work begins, work shall proceed until the project is completely finished with no significant delays. Extensions will be granted at the discretion of the FWC Project Manager.

B. The Contractor shall provide the FWC Project Manager with a work schedule prior to beginning the project and provide weekly updates after beginning work. These may be provided via email or telephone call.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 12 of 52

C. The Contractor must ensure a crew supervisor is present on site while work is being performed to supervise work and serve as a contact person for FWC staff when needed. This crew supervisor must be able to communicate effectively with FWC staff. If the performance of the crew supervisor is not satisfactory, as determined by the FWC Project Manager, the Contractor shall provide a replacement crew supervisor.

D. The Contractor shall provide all materials needed to clear exclosures of debris and weeds and all necessary supplies to replant and stabilize fallen or up-rooted plants.

E. Exclosures removed from the tree islands will be properly disposed of at an off-site location by the Contractor. Under no circumstances shall the removed exclosure be placed on any other plant.

F. The Contractor’s operation shall be coordinated and conducted under the supervision of designated FWC personnel.

G. Work must begin within two (2) weeks of purchase order issuance and shall be completed by the following 1st day of May, unless otherwise instructed by the FWC Project Manager. The FWC may, at its sole discretion, extend the completion date due to conditions beyond the Contractor’s control.

H. Tags must be collected from all removed exclosures and shall be grouped by island number, as well as by status (live or dead), placed in re-sealable bags and given to the FWC Project Manager. For example, each island may have up to 2 bags – 1) removed live and 2) removed dead.

I. For every exclosure, the tree tag information, as it is written on the tag (species abbreviation, date planted, and individual plant number), shall be recorded on a field data sheet. The status (dead or alive) and action taken (exclosure removed or cleaned) will also be recorded. The data will then be transcribed in digital format on an Excel® spreadsheet. The Contractor shall provide a copy of all field data sheets and the Excel® spreadsheet to the FWC Project Manager. The FWC shall provide the Contractor with a copy of the field data sheet and the Excel® spreadsheet file to be used for recording the required data.

J. The Contractor shall submit a list of completed islands to the FWC Project Manager on a weekly basis (e.g., each Monday for the previous week’s work).

SAFETY

A. The presence of any hazardous materials shall be brought to the attention of the FWC Project Manager immediately.

B. No equipment shall be operated in a manner that damages the pavement adjacent to the work area or significantly disturbs the substrate. The Contractor shall be responsible for and repair/replace, to the satisfaction of the FWC Project Manager, all Contractor-induced damage to adjacent pavement or turf areas.

C. It will be the Contractor’s responsibility to exercise caution in the vicinity of any utility. The FWC will not be responsible for any damage done to any utility by the Contractor.

D. The Contractor shall be responsible for, and repair/replace all, Contractor-induced damage to levee, pavement, buildings, telephone or other cables, water and force mains, lights, light poles, irrigation systems, agricultural crops, or other structures which may be encountered.

E. 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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 13 of 52 protecting and safeguarding employees and the general public in connection with the work and job site. The FWC shall not be responsible for safety on or off the job site.

F. All safety precautions shall be taken, and all traffic controls shall be furnished in accordance with local, County, Department of Transportation, and/or other government agencies having jurisdiction, where partial or complete obstruction of highways, roadways, streets, drives or sidewalks is required in the performance of the work.

G. The Contractor shall be responsible for all damage or injury to persons or property.

H. The Contractor’s responsibility for protection against mechanical damage shall include, but not be limited to, providing protection from vehicles and providing warning signs and barricades as might be necessary. The Contractor shall repair, restore, and replace all property damaged as a result of any activity by the Contractor or his or her employees in complying with these requirements.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 14 of 52

Figure 1.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 15 of 52

Figure 2.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 16 of 52

Figure 3.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 17 of 52

Figure 4.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 18 of 52

Figure 5.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 19 of 52

PRICE SHEET

FWC 24/25-20

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 prices shall include all necessary items to complete the project.

THIS IS A MULTI-AWARD BID. EACH WILDLIFE MANAGEMENT AREA (WMA) WILL BE AWARDED

TO THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL BID PRICE

FOR THAT WMA. BIDDERS ARE NOT REQUIRED TO BID ON ALL WMAS; HOWEVER, ALL ITEMS

FOR A WMA MUST BE BID OR THE BID FOR THAT WMA WILL BE REJECTED. 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).

Please insert “NB” for No Bid for WMAs that the Bidder is not bidding on.

ITEM Everglades & Frances S. Taylor WMA

Holey Land WMA Rotenberger WMA

1. PRICE PER 100

TREE/SHRUB EXCLOSURES

FOR THE INITIAL 3 YEAR

TERM

2. PRICE PER 100

TREE/SHRUB EXCLOSURES

FOR RENEWAL YEAR 1

3. PRICE PER 100

FOR RENEWAL YEAR 2

4. PRICE PER 100

FOR RENEWAL YEAR 3

TOTAL BID PRICE PER WMA

(1 + 2+ 3 + 4)

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 20 of 52

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

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

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

Contractor: _______________________________

Address: __________________________________

Signed: ___________________________________

Print Name: ______________________________

Title: ____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 21 of 52

REFERENCES

FWC 24/25-20

A minimum of three (3) references from persons or firms for whom the bidder has performed similar jobs as per the specifications in this bid must be supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: _________________________________________________________________________

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

NAME OF COMPANY: _________________________________________________________________________

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 22 of 52

NAME OF COMPANY: _________________________________________________________________________

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 23 of 52

ATTACHMENT A

FWC 24/25-20

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: May 9, 2023

Section 1. PURCHASE ORDER.

A. Composition and Priority.

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

B. Initial Term.

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

Section 2. PERFORMANCE.

A. Performance Standards.

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

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

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a timeframe specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.

The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Commission for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities.

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-20, Page 24 of 52

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

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

D. Assignment.

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

E. Damages to State Property.

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

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

F. Subcontractor Minority Status Report.

Contractor shall provide a Subcontractor Minority Status Report to the Commission’s Contract Manager, summarizing the participation of certified and non-certified woman-, veteran- and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors.