FWC 24.25-21 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-21

LAKE WALES RIDGE WILDLIFE AND ENVIRONMENTAL AREA FIRELINE CLEARING

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the removal of vegetation from the conceptual fire line to prepare a 15-foot-wide path and for the root-raking of cleared lines, per the specifications contained herein.

Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 2 of 49

CALENDAR OF EVENTS

FWC 24/25-21

SCHEDULE DUE DATE METHOD

Bid Advertised September 18, 2024 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid

Conference

October 1, 2024

@ 10:30 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

October 8, 2024

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions October 11, 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 16, 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 October 16, 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 October 22, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 3 of 49

GENERAL CONDITIONS

FWC 24/25-21

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 24/25-21, Page 4 of 49

PROCUREMENT MANAGER

John Nordmeyer john.nordmeyer@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 two (2) 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

A mandatory pre-bid conference will be held at 1205 County Road 621E, Lake Placid, FL 33852, on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. 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 disqualify a potential 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 24/25-21, Page 5 of 49 respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for

Questions clause below.

1205 County Road 621E, Lake Placid, FL 33852.

SOLICITATION QUESTIONS

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

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal

(https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

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

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section

120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information

Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

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

BIDDER ACKNOWLEDGMENT

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

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 6 of 49

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.

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 7 of 49

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

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

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

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

AWARDED BID/INSPECTION

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

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

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

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency

Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, 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 https://vendor.myfloridamarketplace.com/ http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 8 of 49 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 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 $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.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 9 of 49 the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the

Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

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

CONDITIONS AND SPECIFICATIONS

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 10 of 49

SCOPE OF WORK

FWC 24/25-21

LAKE WALES RIDGE WILDLIFE AND ENVIRONMENTAL AREA FIRELINE CLEARING

PURPOSE

The intent of this project is to obtain competitive pricing for the improvement of select areas on conservation land to facilitate the necessary management activities, including the safe application of prescribed fire.

Improvements are to include the clearing of vegetation from 15-foot-wide lanes and the off-site disposal of the vegetation within select areas of the Lake Wales Ridge Wildlife and Environmental Area (LWRWEA)

1. INITIAL TERM AND COMPLETION

1.1. Project shall be completed by the Contractor by June 30, 2025.

2. FINANCIAL CONSEQUENCES

2.1. Should the Contractor fail to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be reduced by ten percent (10%) from

Contractor’s payment, per the Agency Terms and Conditions.

3. WORK SPECIFICATIONS

3.1. Job 1. Removal of vegetation from approximately 65,405 feet of line to prepare a 15-foot-wide path for future root raking (Figure 1; estimated 30 acres). Rate to include the contractor properly disposing of the vegetative material off-site. Work must be completed by June 30 of each calendar year.

3.1.1. Vegetation removal shall include the cutting, removal, and off-site disposal of all trees, vines, and shrubs with a diameter at breast height (DBH) of 1 inch or more from a 15-foot area centered around a marked (flagged) line as depicted in Figure 2.

3.1.2. Trees that are to remain in the project area will be clearly marked by the Project Manager and are not to be cleared.

3.1.3. Stumps to be cut flush to the ground or within 2 inches of the ground level.

3.1.4. Some areas may be wet and may require the use of small, tracked machinery.

3.1.5. It may be necessary to hand cut and manually remove vegetation in some areas that are too wet for heavy equipment.

3.1.6. The use of mulching or shredding equipment is prohibited for this project unless the mulch is immediately deposited in a receptacle and disposed of off-site. No mulch or shredded material shall fall on the ground or be piled up and hauled off.

3.1.7. All cut vegetation shall be removed from the work area and disposed of off-site. It is the responsibility of the contractor to properly dispose of the cut material generated from this contractual labor responsibly off-site.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 11 of 49

3.1.8. FWC will allow the use of the LWRWEA compound “621 shop” located at 1205 CR 621, Lake

Placid, FL 33852 for the staging and storage of equipment.

3.1.9. The burning of asbestos-containing materials, hazardous waste, or other material prohibited by

Rule 62-256.300, F.A.C., is prohibited.

3.2. Job 2. Root-raking of approximately 71,544 feet of a 15-foot-wide area that has been cleared of vegetation (Figure 2). Rate to include contractor properly disposing of vegetative material off-site.

Work must be completed by June 30 of each calendar year.

3.2.1. All vegetation is to be disposed of via off-site disposal.

3.2.2. Maintenance of the overgrown mineral firelines shall include the complete removal of vegetation to restore a bare, mineral soil fireline from the 15-foot area established in the vegetative removal work as depicted in Figure 3.

3.2.3. All vegetation, including woody vegetation and palmettos, shall be removed in their entirety, including below-ground roots, to prevent resprouting.

3.2.4. Appropriate equipment, such as a root rake, will be used to minimize soil excavation. The use of mulching or shredding equipment is prohibited for this project.

3.2.5. All vegetation from the fireline shall be removed and responsibly disposed of off-site.

3.2.6. The mineral line should be leveled to allow use by 4-wheel drive vehicles and allow maintenance with appropriately sized disk harrow or box blade.

3.2.7. Where necessary, depressions shall be filled and knolls and ridges cut down in such a manner as to provide a level, substantial, and permanent foundation for the fireline.

3.2.8. Trees that are to remain in the 15-foot area will be marked by the Project Manager and are not to be cleared.

3.3. GPS Tracks

3.3.1. GPS tracks are used for monitoring treatment. Each crew member must carry a Garmin GPS

(track setting should collect least often), or a smart phone with an application capable of recording GPX format tracks.

3.3.2. Contractor is responsible for providing GPS equipment for their workers. The Contractor will save project tracks for each project and email them to the Site Manager or the Project Manager with invoices.

4. GENERAL SPECIFICATIONS

4.1. Work shall not begin on a project until a Notice to Proceed is issued and shall be completed and final invoices submitted by June 30 of every calendar year.

4.2. The Contractor will be responsible for knowing and complying with federal, state, and local guidelines pertaining to the project activities, especially concerning the disturbance of wetlands. It

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 12 of 49 shall be the responsibility of the Contractor to obtain any/all permits or licenses that may apply to the job(s), including permission from property owners within the unit for any encroachments required to perform work.

4.3. The Commission reserves the right to inspect the Contractor’s certifications, documentation, procedures, equipment, and techniques. Inspection does not relieve the Contractor of any obligations or responsibilities under this contract

4.4. All contract personnel on the project area site shall be equipped with, at a minimum, personal protective equipment according to OSHA standards and/or regulations. The Contractor shall be responsible for providing all proper personal safety equipment and ensuring said equipment is used properly.

4.5. Equipment use is restricted to firelines and areas designated for vegetation removal or vegetation height reduction. No equipment shall traverse through interior areas unless prior approval is given by the Project Manager. Disturbance of soils or vegetation not limited to firelines and areas specified for vegetation removal should be avoided. If excessive ground disturbance seems necessary to complete the job, the Contractor should confer with the Project Manager before proceeding.

4.6. The Contractor shall furnish all other equipment, tools, labor, and personnel necessary to complete the work as described herein. Equipment may include but is not limited to:

a. Tractor, chainsaws and other tools to mechanically remove vegetation.

b. 4x4 vehicle(s) necessary to access the work area.

4.7. The security of equipment and materials is the responsibility of the Contractor. The Commission shall not be held responsible for damage or injury to the Contractor's equipment or personnel resulting from any activity associated with this project.

4.8. Survey monuments and markers are not to be damaged during operations. The Contractor will be held liable for any loss or damage caused by the Contractor to any survey monuments or markers.

4.9. The Contractor is responsible for removing all trash and litter associated with the project including but not limited to food waste, tobacco products, and water bottles.

4.10. The Commission shall provide appropriate access to the site for the duration of the project. Ingress and egress for the Contractor shall be for the sole purpose of furnishing the services expressly described in the contract specifications. It shall be the responsibility of the Contractor to keep gates closed and locked while conducting work and after leaving the project site. All FWC and/or

LWRWEA rules and regulations must be followed.

4.11. Damage to state property not remedied within 30 days of the contractor’s notification of damage shall afford the Commission the right to deduct from any amount still due and payable to the

Contractor an amount equivalent to the cost associated with the repair of damaged property. This does not preclude the Commission from seeking other remedies available by law.

4.12. It shall be the responsibility of the Contractor to keep all roads, trails, and firelines open and free of debris resulting from the work described herein.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 13 of 49

4.13. The Commission reserves the right to engage in concurrent contracts with other vendors to conduct similar land management activities.

4.14. It shall be the responsibility of the Contractor to exercise caution in the vicinity of any utility. The

Commission shall not be responsible for any damage done to any utility by the Contractor.

4.15. The Commission reserves the right to stop or delay work if site conditions (rainfall, wildfires, etc.)

necessitate. The Commission shall have sole discretion in this determination.

4.16. The Contractor shall notify the Project Manager at least one week prior to entering the project area.

The Contractor must plan field activities with area personnel to ensure that work is coordinated with other WEA activities. For the purpose of controlled burning and other Commission operations, the Contractor may be required with short notice to stop work at a particular project area and relocate to another project area.

4.17. A pre-work on-site planning meeting between the Commission and the Contractor is required.

4.18. The Commission shall furnish the following supplies:

a. Maps

b. Access to “621 shop” area.

4.19. Partial payments will be allowed on a bi-weekly basis and must be accompanied with a Certificate of Partial Payment (Digital Copy provided by FWC) and GPS tracks.

4.20. No minimum amount of work is guaranteed under this Contract. The amount may be increased or decreased by FWC to take advantage of additional funding or to stay within budget constraints. If only a portion of the project can be completed due to cost or other constraints, FWC shall have sole discretion in designating the specific portion of the project area to be completed.

5. RESOURCE PROTECTION

5.1. Equipment shall be cleaned of all vegetative debris before entering any WEA tract to reduce the spread of exotic vegetation. The Commission reserves the right to inspect equipment prior to its use on any management area.

5.2. The contractor shall not conduct any work with heavy equipment within 25 feet of gopher tortoise burrows. The commission reserves the right to redirect the contractor to work in a different area if

Florida scrub-jays are known to be nesting near the work area. The contractor shall not harm any wildlife on the area by any means

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6. MAPS

6.1. Figure 1. Job 1 Vegetation Clearing Map.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 15 of 49

6.2. Figure 2. Job 2 Root Raking Map.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 16 of 49

PRICE SHEET

FWC 24/25-21

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

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

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

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

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

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

CLAUSE).

Job 1. Vegetation Removal.

A. Initial Year: Price per foot = $ _____________________________________

B. Renewal Year 1: Price per foot = $ _____________________________________

C. Renewal Year 2: Price per foot = $ _____________________________________

D. TOTAL Job 1 Cost (A+B+C) = $ ___________________________________________

Job 2. Root Raking.

E. Initial Year: Price per foot = $ _____________________________________

F. Renewal Year 1: Price per foot = $ _____________________________________

G. Renewal Year 2: Price per foot = $ _____________________________________

H. TOTAL Job 2 Cost (E+F+G) = $ _________________________________________

TOTAL BID PRICE (D +H) = $ __________________________________________

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

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

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

Contractor: ___________________________

Address: _____________________________

Signed: _______________________________

Print Name: __________________________

Title: ________________________________

Fax: _________________________________

City/State/Zip: ________________________

Telephone: ___________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 17 of 49

REFERENCES

FWC 24/25-21

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 24/25-21, Page 18 of 49

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 24/25-21, Page 19 of 49

ATTACHMENT A

FWC 24/25-21

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 24/25-21, Page 20 of 49

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

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

D. Assignment.

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the

Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the

Commission expressly waives such secondary liability. The Commission may assign the Purchase

Order with prior written notice to the Contractor.

E. Damages to State Property.

Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor while working on this project shall be the responsibility of the

Contractor to remedy, as determined by the Commission. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while on the job site.

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

F. Subcontractor Minority Status Report.

Contractor shall provide a Subcontractor Minority Status Report to the Commission’s Contract

Manager, summarizing the participation of certified and non-certified woman-, veteran- and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors. The Office of Supplier Diversity can assist in furnishing names of qualified woman-, veteran- and/or minority-owned business enterprises. Contact the

Commission’s Minority Coordinator at (850) 488-6551 with any questions.

G. Independent Contractor.

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

H. Commission Rights to Undertake or Award Supplemental Contracts.

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-21, Page 21 of 49

Section 3. PAYMENT AND FEES.

A. Payment.

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

Commission.

B. Invoicing.

Invoices may be submitted electronically to the Commission’s designated Contract Manager, as identified in this Purchase Order. The Contractor acknowledges that the Commission’s Contract

Manager shall reject invoices lacking documentation necessary to…