FWC 24.25-45 ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-45

FISHEATING BAY ISLANDS PLANTING

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying and planting emergent plants on the Lake Okeechobee Fisheating Bay Islands, 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 speci f i cati ons i n the i r enti re ty.”

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 2 of 52

CALENDAR OF EVENTS

FWC 24/25-45

SCHEDULE DUE DATE METHOD

Bid Advertised November 4, 2024 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions Must be received

PRIOR to:

November 12, 2024

@ 5:00 PM ET

See Solicitation Questions Clause

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

SEALED BIDS DUE

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

Must be received PRIOR to:

November 26, 2024

@ 2:30 PM ET

Mailing Address:

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

Public Bid Opening November 26, 2024

@ 2:30 PM ET

Public Opening Options for Attendance:

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

-Teleconference- Conference call phone number:

1.888.585.9008 Conference room number: 218-721-199

Anticipated Date of Intended Award December 3, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 3 of 52

GENERAL CONDITIONS

FWC 24/25-45

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 24/25-45, Page 4 of 52

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective for one year from issuance of the 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.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment.

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

DIVERSITY

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

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

VERBAL INSTRUCTION PROCEDURE

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

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 24/25-45, Page 5 of 52

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

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

BIDDER SPECIFICATION CHALLENGE

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

ADDENDUMS

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

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

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

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

IDENTICAL TIE BIDS

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

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

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract Manager that the product/service offered meets this ITB’s specifications and that other requirements of

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 6 of 52 this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

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

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

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

Florida Fish and Wildlife Conservation Commission Attn: Purchasing 1875 Orange 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.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 7 of 52

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 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 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 24/25-45, Page 8 of 52

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

DELIVERABLES

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

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

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

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment E) from the Contract Manager.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 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.

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 9 of 52 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 24/25-45, Page 10 of 52

SCOPE OF WORK

FWC 24/25-45

FISHEATING BAY ISLANDS PLANTING

PURPOSE

This project aims to plant native trees and emergent plants on the spoil islands in Fisheating Bay (FEB) on Lake Okeechobee (Figure 1) in the spring 2025. This planting project will establish native habitat on and around the islands following the 2023 removal of invasive Brazilian Pepper trees and other non-native shrubs and vines. The Florida Fish & Wildlife Conservation Commission (FWC) seeks to procure plants and planting services. Bidders shall provide their bid based on the cost of supplying and planting plants in accordance with the attached specifications. The bid for this Project will be awarded to the overall lowest total bid price.

1. REPORTS AND REQUIREMENTS

1.1 The awarded Bidder (Contractor) shall provide all trees and emergent plants in quantities and container sizes as specified in “Planting Procedures” (in Section 2 below).

1.2 The Contract Manager reserves the right to inspect all equipment and nurseries proposed for use by the Contractor before the work begins. Copies of the Certificate of Nursery Certification (DACS08004) shall be made available upon request by the Contract Manager.

1.3 All plants shall arrive at the planting site in appropriate size containers. Plants will be inspected by the Contract Manager upon delivery to the staging site. Plants not conforming to the Florida Department of Agriculture and Consumer Services (FDACS) standards, or plants that appear in poor condition (i.e. root bound, water stressed, presence of exotic or prohibited species), as solely determined by the Contract Manager, will be refused for planting.

1.4 The Contractor’s planting operation shall be coordinated and conducted under the direct daily supervision of designated FWC personnel.

1.5 All work shall commence as specified in the Purchase Order upon receipt by the Contractor of a written notice to proceed (NTP) from the Contract Manager. Upon receipt of the first NTP (in this instance, a Notice to Proceed for Preparation) and a Purchase Order, the Contractor shall initiate project preparation (procurement of supplies and trees, etc.), unless otherwise specified in writing by the Contract Manager. The Contract Manager will contact the Contractor to schedule the actual starting date. A second NTP (in this instance, a Notice to Proceed for Installation) will be issued for work to commence. Work must begin no later than the work initiation date (as indicated on the second NTP), unless otherwise specified in writing by the Contract Manager. Work will not start any earlier than March 31, 2025, and be completed no later than May 30, 2025, with preference for an April start date.

1.6 All work shall be completed within fourteen (14) calendar days of the work commencement date, unless otherwise specified in writing by the Contract Manager or specified in the Purchase Order and NTP. Work may be performed during weekdays only during daylight hours (sunrise to sunset). The Contract Manager shall make a final inspection with the Contractor upon project completion. Once work begins, work shall proceed until the project is completed without delay. The Contract Manager may delay or cancel the planting if circumstances occur that may inhibit success. If circumstances constituting Force Majeure occur, or if anything occurs beyond the Contractor’s control, the Contractor may request in writing an extension of the work commencement or completion date. The Contract Manager, upon review of the extension request, will determine and approve if an extension will be

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 11 of 52 granted. Any extensions granted or rejected by the Contract Manager shall be provided in writing to the Contractor.

1.7 The invoice must be received no later than 7 calendar days following project completion and must be received no later than June 6th, 2024, whichever date is earlier. The Contract Manager shall make a final inspection with the Contractor upon project completion. The Contract Manager shall determine work completeness before payment is authorized.

1.8 The Contractor shall provide a price based on the cost of supplying, transporting to the FEB islands, planting, staking, and watering (i.e., “planting”) plants in accordance with the attached specifications. This ITB will be awarded to the Bidder with the lowest total bid price.

2. PLANTING PROCEDURES

2.1 All trees shall be container grown. Plant size and condition of trees shall be Florida No. 2 or better (if applicable) as referenced and specified in FDACS, Division of Plant Industry, Florida Grades and Standards. Plant size and shape shall be that typically associated with a native tree grown in a 15-gallon container (http://www.freshfromflorida.com/Divisions-Offices/Plant- Industry/BusinessServices/Florida-Grades-and-Standards-for-Nursery-Plants-2015). Trees must be free of any spreading diseases or parasites. Plant containers must be free of noxious plant material, specifically any plant species listed by FLEPPC as a Category I or II invasive, and exotic wildlife species (e.g., non-native Pomacea snails).

2.2 All emergent plants shall be liner-grown (4” pots). All liner plants shall be handled at the root and stem material remain viable. The Contract Manager reserves the sole authority to refuse any plants, at no cost to the Commission, considered to be contaminated or of poor quality. Liner-grown plants shall not contain non-target plant parts (leaves, stems, roots, propagules) and any other exotic species (plant or non-plant, e.g., exotic snails).

2.2.1Egyptian paspalidium – Kissimmee grass Paspalidium geminatum; Each 4” liner cell (minimum

3.5 inches X 3.5 inches container; 18-cell pack liner) will be considered one plant and shall consist of three or more intact connected stems at least 24 inches in length with roots attached. All liners must have been potted and grown for at least three (3) months prior to installation.

2.2.2Giant bulrush - Schoenoplectus californicus. Each 4” liner cell (minimum 3.5 inches X 3.5 inches container; 18-cell pack liner) will be considered one bulrush plant and shall consist of three or more stems at least 36 inches in height with roots attached. All liners must have been potted and grown for at least three (3) months prior to installation.

2.3. Once a Purchase Order is issued, the Contractor shall supply a minimum of 95% (by number) of the trees and plants in accordance with the specifications or the Contractor may be found in default for that project. If the Contractor does not have sufficient trees or plants to fulfill and complete the Purchase Order, with permission from the Contract Manager, the Contractor may obtain substitutes from a different species (of similar size) within a time frame that allows the Contractor to fulfill the obligations of the Purchase Order. Any additional costs accrued through such actions shall be the sole financial responsibility of the Contractor. Any changes to the proposed list of tree and plant species must be approved by the Contract Manager before the planting event is initiated.

FEB Island Planting List

Scientific Name Common Name Size Quantity (#)

Taxodium distichum Bald Cypress 15 gallon 100 http://www.freshfromflorida.com/Divisions-Offices/Plant-http://www.freshfromflorida.com/Divisions-Offices/Plant-

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 12 of 52

Annona glabra Pond Apple 15 gallon 100

Fraxinus caroliniana Pop Ash 15 gallon 100

Chrysobalanus icaco Cocoplum 7 gallon 80 Schoeneoplectus californicus Giant Bulrush 4” liner, nursery grown 7,500

Paspalidium geminatum Egyptian Paspalidium 4” liner, nursery grown 7,500

2.4. The planting project will be conducted on and around seven spoil islands in Fisheating Bay on the northwest side of Lake Okeechobee, though not all islands may be planted (Figure 1). The islands were created during the dredging of Harney Pond Canal, and they are located approximately 2.5 miles south of the Harney Pond Boat Ramp islands and are accessible by motorized boat. Each island is surrounded by willow while the center of many islands contains the remnants of large Brazilian Pepper trees, which were treated over a year ago. Water primrose and vines, along with some other vegetation, will be present on each island and will be planted around. Most of the new plantings will be around the edge. The planting substrate is mostly sand and mineral soil with shell and should be able to be excavated with a shovel. Lake levels are usually lower on Lake Okeechobee in the spring, and the islands and edge are usually dry when planting is estimated to commence.

2.5 The Contractor shall be responsible for the transport of plants and crews from the boat ramp to the FEB islands. The Contractor will not be able to stage trees at the boat ramp. However, trees may be left on the islands until installation.

2.6 The specific placement, spacing, and site pattern of each plant will be determined by the Contract Manager.

2.7 All 15-gallon trees shall be stabilized (with flexibility) using one bamboo stake (minimum 8’ X 1”) anchored through the root ball and secured to the tree with an acceptable heavy-duty tree staking material (e.g., wide canvas strapping or thick flagging).

2.8 All plants shall be thoroughly irrigated by the Contractor no greater than 24 hours prior to arrival at the FEB Islands. If the Contractor stockpiles plants at the FEB Islands, they shall be irrigated at no greater than 48-hour intervals (water may be pumped from the lake).

2.9 All trees planted above the water level SHALL need irrigation once planted unless roots are inundated. Water may be accessed from the lake. Water may be silty or muddy, so a basket or something similar may be helpful to keep the pump and hose intakes clean.

2.10 No items (e.g., equipment, trash, plant containers, etc.) are to be left on the planting site or at the boat ramp after the completion of the project.

2.11 Location reference coordinates:

Harney Pond Ramp: 26.99493, -81.06760

FEB Islands:

Island Latitude Longitude 1 26.954423 -81.064207 2 26.956413 -81.061002 3 26.957889 -81.059165 4 26.958673 -81.058188

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 13 of 52

5 26.959751 -81.056608 6 26.961425 -81.053856 7 26.963582 -81.051297

3. SAFETY

3.1 The presence of any hazardous materials shall be brought to the attention of the Contract Manager immediately. The Contractor shall be responsible for all costs including damages, clean up, and decontamination should a hazardous spill occur. The FWC’s decision is final. The Contractor shall be responsible for the cleanup of ALL spills, including fuel, oils, lubricants, chemicals, and hazardous waste, regardless of the quantity/size. Equipment refueling shall take place outside the wetland areas.

All fuel must be in a portable spill containment device, such as a tub or tote.

3.2 No equipment shall be operated in a manner that significantly damages the natural resources in these areas or the boat ramp. The Contractor shall be responsible for and shall repair/replace, to the satisfaction of the Contract Manager, all Contractor-induced damage.

3.3 In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall be responsible for protecting and safeguarding employees and the public in connection with the work and job site. The Contract Manager shall not be responsible for safety on or off the job site

4. AWARD, PAYMENT, CRITERIA AND FINANCIAL CONSEQUENCES

4.1 Bidders must submit their bid amount for every species as per the Price Sheet. The bid amount must include all costs necessary to complete the work as outlined herein.

4.2 The Contract will be awarded to the one responsible and responsive bidder who submits the lowest total bid price.

4.3 Payment shall be made upon completion of all of the work specified in the Purchase Order. Final payment will only be made if the quality of work is approved by the Contract Manager. The Contractor will be paid for the number of supplied trees and plants meeting bid specification requirements that are successfully planted. The Contractor and Contract Manager shall agree in writing on the number of plants successfully supplied and planted each day in accordance with the “Contract Management “Daily Report” Aquatic Revegetation” (Exhibit I). The invoice shall be representative of the total number of plants successfully planted over all planting days of the project. The Contractor shall submit one invoice upon project completion.

4.5 If the Contractor materially fails to comply with the terms and conditions of this Contract, including any federal or state statutes, rules, or regulations applicable to this Contract, the FWC may take one or more of the following actions, as appropriate for the circumstances:

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

4.5.2 Wholly or partly suspend or terminate this Contract.

4.5.3 Take other remedies that may be legally available.

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 14 of 52

FIGURE 1

Lake Okeechobee Fisheating Bay Island Planting Project Location with Harney Pond Boat Ramp.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 15 of 52

FIGURE 2

One of the Fisheating Bay Islands when Lake Okeechobee water levels were at 14.3 ft. The center of each island is at approximately the 15 ft elevation line. Trees will be planted beginning at the 13.5 ft. elevation line. Lake stages may be lower than in this picture during time of planting.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 16 of 52

EXHIBIT 1

LAKE OKEECHOBEE - FISHEATING BAY ISLAND PLANTING

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-45, Page 17 of 52

PRICE SHEET

FWC 24/25-45

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 including, but not limited to, the cost of supplying, transport, watering and planting, in accordance with the specifications herein.

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

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

Scientific Name Species Size

Quantity

(A)

Price per Plant ($)

(B) Total Price ($)

(A x B)

1. Taxodium distichum Bald Cypress 15-gallon 100 $_________ $_________

2. Annona glabra Pond Apple 15-gallon 100 $_________ $_________

3. Fraxinus caroliniana Pop Ash 15-gallon 100 $_________ $_________

4. Chrysobalanus icaco Cocoplum 7-gallon 80 $_________ $_________

5. Schoeneoplectus californicus Giant Bulrush

4” liner, nursery grown

7,500 $_________ $_________

6. Paspalidium geminatum Egyptian Paspalidium

4” liner, nursery grown

7,500 $_________ $_________

Total Bid Price (1 Total + 2 Total + 3 Total + 4 Total + 5 Total + 6 Total) $___________

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 24/25-45, Page 18 of 52

REFERENCES

FWC 24/25-45

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 24/25-45, Page 19 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 24/25-45, Page 20 of 52

ATTACHMENT A

FWC 24/25-45

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 24/25-45, Page 21 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 (Attachment B) to the Commission’s Contract Manager, summarizing the participation of…