FWC 24.25-48 - ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-48

LAKE KISSIMMEE REVEGETATION – EMERGENT VEGETATION

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying and planting of emergent vegetation and wetland vegetation within Lake Kissimmee in Osceola County, Florida, 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 24/25-48, Page 2 of 58

CALENDAR OF EVENTS

FWC 24/25-48

SCHEDULE DUE DATE METHOD

Bid Advertised November 20, 2024 Posted on the Vendor Information Portal

(VIP)

NON-MANDATORY Pre-Bid Conference

November 26, 2024 @ 11:00 AM ET See Pre-Bid Conference Clause

Deadline for Questions

Must be received PRIOR to:

December 3, 2024

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions December 9, 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:

December 19, 2024

@ 2:00 PM ET

Mailing Address:

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

Public Bid Opening December 19, 2024

@ 2:00 PM ET

Public Opening Options for Attendance:

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

-Teleconference- Conference call phone number:

1.888.585.9008 Conference room number: 218-721-199

Anticipated Date of Intended Award December 27, 2024 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 3 of 58

GENERAL CONDITIONS

FWC 24/25-48

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 24/25-48, Page 4 of 58

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $1,300,000.00.

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.

NON-MANDATORY PRE-BID CONFERENCE/SITE VISIT

A non-mandatory pre-bid conference/site visit will be held at the Joe Overstreet Landing Public Boat Ramp in Osceola County on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/site visit is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/site visit; however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/site visit shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Pre-bid conference address:

Joe Overstreet Landing Public Boat Ramp Osceola County (Latitude 27.9373 N / Longitude -81.2259 W;

4900 Joe Overstreet Road, Kenansville, FL 34739).

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 24/25-48, Page 5 of 58

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

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

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal (https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

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

BIDDER SPECIFICATION CHALLENGE

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

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this 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 24/25-48, Page 6 of 58

REFERENCES

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

The references must demonstrate a minimum of three (3) years of similar work experience. Current contact names and phone numbers shall be included with the bid package. See the attached References Form for more detail.

CERTIFICATES AND PERMIT

Each prospective Bidder shall submit copies of the Certificate of Nursery Registration or Certificate of Stock Dealer Registration (FDACS-08004) and the Permit to Collect Non-Prohibited Aquatic Plants (FDACS- 08450) for proposed private and public (relocation) wild-collection sites, including the written plan providing reasonable assurance to prevent the dissemination of noxious or prohibited plants (or exotic or prohibited animals) from private wild-collection sites, as part of the Contractor’s bid package.

EQUAL BIDS

In the event that there is no multiple award contemplated in the ITB, and the Commission receives equal bids eligible for award, the Commission will comply with the following, as applicable: sections 287.057(12), 287.082, 287.087,287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Commission may request information from Bidders with equal bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarification. If the tie has not been broken by application of the aforementioned statutes, the Commission will proceed with a random selection to decide the award.

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 7 of 58

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. DIGITAL SUBMISSIONS SHALL BE DEEMED NON-RESPONSIVE

AND NOT ACCEPTED.

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(s) who submits the highest “TOTAL NUMBER OF PLANTS“ or “TOTAL NUMBER OF TREES” for that species (potentially four (4) separate awards to four (4) Bidders). 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 highest 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 highest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 8 of 58 period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

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

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

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

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

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

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

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the Certificate of Contract Completion form; and

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

DELIVERABLES

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

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

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

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (sample provided as Attachment D) 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 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 24/25-48, Page 9 of 58 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.

MATERIAL AND EQUIPMENT ON COMMISSION PROPERTY

If the Commission allows the vendor to have project materials or equipment delivered to and/or stored upon Commission-managed or owned property before, during, or after the term of the project, the Vendor will be fully and solely responsible for all expenses and liability incurred as a result of the delivery or storage.

Should the Commission, in its sole discretion, determine that any project materials or equipment stored on its property must be moved in response to an emergency, the vendor shall hold harmless, indemnify, defend, and may be responsible for costs of any reasonably necessary actions taken by the Commission.

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 10 of 58

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

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SCOPE OF WORK

FWC 24/25-48

LAKE KISSIMMEE REVEGETATION – EMERGENT VEGETATION

I. PURPOSE

This Invitation to Bid entails supplying (nursery-grown, private wild-collected, and/or relocated) and planting emergent aquatic and wetland plants and trees within Lake Kissimmee (Osceola County). The work sites will be specified by the Project Manager/Contract Manager (Figure 1). The Project Manager/Contract Manager will prioritize and determine the date, time, and schedule for all work.

II. INITIAL TERM COMPLETION DATE

Project must be completed and invoiced no later than noon on June 13, 2025 (Friday).

III. DEFINITIONS

A. NURSERY-GROWN PLANT – A plant grown within and supplied from a nursery registered with the Florida Department of Agriculture and Consumer Services (FDACS) in accordance with Sections 581.131 and 581.145, F. S. A valid Certificate of Nursery Registration will be required for each outlet from which aquatic plants shall be supplied (sold or distributed) as per Section 381.131 (2), F. S. Plants must be grown within a registered nursery facility for at least three (3) months prior to planting to qualify as a nursery-grown plant.

B. PRIVATE WILD-COLLECTED PLANT – A plant grown within and supplied from a privately-owned wild collection site that has been permitted by the FDACS in accordance with Section 369.25(2), F.S. and Rule-Chapter 5B-64, F.A.C. and has a written plan providing reasonable assurance that the removal of non-prohibited aquatic plants from the site will not result in the dissemination of any noxious or prohibited aquatic plants listed in Rule-Chapter 5B-64, F.A.C.

C. RELOCATED PLANT – A plant manually harvested from an existing stand (donor site) within a public water body and transported to another area of the same water body and planted; or transported to another public water body and planted.

IV. PLANT SPECIES

A. AQUATIC / WETLAND GRASSES –

1. Egyptian 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. Giant bulrush - Schoenoplectus californicus. A bare root bulrush plant is described as a single intact (not split or torn) rhizome at least one-and-one-half (1.5) inches in length with associated roots and at least one (1) live stem of a minimum height of 36 inches. If supplied bare root bulrush material is such that it requires more than a 1.5-inch section of rhizome to get at least one stem, it shall still be considered one plant.

3. If liner-grown plants are supplied, 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.

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B. Trees –

1. Bald Cypress – Taxodium distichum. Minimum pot size of 25 gallons. Tree size, condition, and matrix shall be Florida No. 2 or better (Type 2 Tree Matrix – Narrow and Tall Form) as referenced and specified in Florida Department of Agriculture and Consumer Services (FDACS), Division of Plant Industry, Florida Grades and Standards for Nursery Plants (available online, https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grad es-and-standards-for-nursery-plants-2022.pdf). All trees must have been potted (pot-grown) for at least three (3) months prior to installation.

2. Carolina willow – Salix caroliniana. Minimum pot size of 15 gallons. Tree size , condition and metrics shall be Florida No 2 or better as referenced and specified in Florida Department of Agriculture and Consumer Services (FDACS), Division of Plant Industry, Florida Grades and Standards for Nursery Plants (available online, https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grad es-and-standards-for-nursery-plants-2022.pdf). All trees must have been potted (pot-grown) for at least three (3) months prior to installation.

V. WORK SPECIFICATIONS

A. This Invitation to Bid entails supplying (nursery-grown, public wild-collected and/or private wild-collected) and planting aquatic plants:(Egyptian paspalidium and giant bulrush) within the littoral zones of lake Kissimmee. Additionally, this bid entails supplying and planting wetland trees (bald cypress and Carolina willow) within Lake Kissimmee, per the specifications contained herein. The work sites will be specified by the Project Manager. The Project Manager will prioritize and determine the time and work allotted for each planting site. Depending on environmental conditions, the Project Manager has sole discretion to pause planting activities to ensure that plants and trees are planted in conducive conditions for success. If additional time is required for project completion due to planting delays or pauses beyond the Contractor’s control, the Contractor may submit an extension request in writing (see Force Majeure clause in TERM section on page 4).

B. Each plant and tree species have been allocated a specific amount to fund supplying and planting of that species (see “PRICE SHEET”). The Contractor shall provide a price-per-plant or tree for each species on which they intend to bid (Contractor is NOT required to bid on all species) and the number of plants or trees to equal the funded amount (allocation amount divided by price-per-plant = number of plants to be supplied and planted; e.g., allocation amount = $100,000 and price-per-plant is $1.00, so number of plants = 100,000). Each species will be awarded to the responsive, responsible bidder that submits the highest “TOTAL NUMBER OF PLANTS“ or “TOTAL NUMBER OF TREES” for that species (potentially four (4) separate awards to four (4) bidders). In the event additional funding becomes available or if a species is not procured, the awarded price-per-plant for any of the awarded species may be used to procure additional plants above the awarded number and original allocated funding amount.

C. The Contractor shall supply a minimum of 95% (by number) of each plant species and 100% of each tree species as specified and then subsequently listed in the Purchase Order, in accordance with the ITB specifications or the Contractor may be found in default for that Project.

1. If the Contractor does not have sufficient plants or trees to fill the Purchase Order, the

Contractor shall acquire the plants specified for the project from another source 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.

https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grades-and-standards-for-nursery-plants-2022.pdf https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grades-and-standards-for-nursery-plants-2022.pdf https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grades-and-standards-for-nursery-plants-2022.pdf https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grades-and-standards-for-nursery-plants-2022.pdf

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 13 of 58

2. If the Contractor is unable to acquire the plants or trees specified for the project after meeting the “95% (by number)” minimum requirement, the Project Manager/Contract Manager may allow, at their sole discretion, the substitution of other plant or tree species listed and bid-upon in this ITB to reallocate unspent funds for the lacking species and required to complete the Project at no additional cost to the Commission.

D. Bid pricing shall include all necessary items to perform work (plants, trees, containers, workers, equipment, maintenance of equipment, fuel, etc.) and safety devices required by law.

E. The Contractor shall assume full legal and financial responsibility for permit violations resulting from the activities of their employees.

F. Purchase Orders and written Notice to Proceeds may be issued to entirely or partially complete the project for:

1. All, some, or none of the species listed within the project; and/or

2. All, some, or none of the plants listed for one or more species within the project.

Upon receipt of a Purchase Order, the Project Manager/Contract Manager will contact the Contractor to schedule the starting date for the project. For species grown-out in 4”-liners, two Notices to Proceed will be issued: one for Propagation and one for Installation.

1. All work shall begin on the agreed-upon commencement date as listed on the written Notice to Proceed.

2. The commencement date for Installation, if using nursery-grown or private wild-collected plants, shall be defined as the first day the Contractor attempts planting at the recipient lake; OR

3. The commencement date for Installation, if using public wild-collected (relocated) plants, shall be defined as the first day the Contractor attempts collection at the donor lake.

G. Work shall be performed during weekdays (Monday–Friday) during daylight hours (sunrise to sunset). Requests to work weekend days shall be made in writing by the Contractor. The Project Manager/Contract Manager shall provide a response to the Contractor in writing to grant or reject requests.

H. The Project Manager/Contract Manager shall make a final inspection with the Contractor and determine work completeness before payment is authorized.

VI. SUPPLYING AND PLANTING SPECIFICATIONS

A. Supplied plants shall be bare root or liner/pot-grown (according to specifications for each plant species). All plants shall be handled so that the root and stem material remain viable. The Project Manager/Contract Manager reserves the sole authority to refuse plants, at no cost to the Commission, considered to be contaminated or of poor quality.

1. Bare root plants shall be rinsed to remove sediment, debris and/or non-target plant parts

(leaves, stems, roots, propagules) and any other exotic species (plant or non-plant, e.g., exotic snails).

2. Liner/pot-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).

B. All supplied plants shall be grown within and obtained from a FDACS-registered nursery, a FDACS-permitted private wild collection site, or the public wild-collection site permitted by FDACS and approved by the Commission for giant bulrush (Lake Walk in Water [Polk County], Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 14 of 58

Lake Marian [Osceola County], and Lake Istokpoga [Highlands County; up to 25,000 plants from specified site]; Figure 2). The Project Manager/Contract Manager shall have the sole authority to reject any other private water body, wetland, or donor site therein, proposed by the Contractor as a donor site for plants.

C. For any species proposed to be grown-out as 4” liners which require collection of donor plants from a “sovereignty submerged” waterbody or wetland (public wild collection), the Contractor must obtain FDACS-08450 permits for collection of those species and provide copies of those permits to the Project Manager/Contract Manager prior to receiving Notice to Proceed(s) for Propagation.

D. The Contractor must obtain the required permits (FDACS-08450) to harvest bulrush from the public waterbodies prior to the project commencement. The Contractor will submit the permits to the FWC Project Manager prior to the Purchase Order issuance. NOTE: By having the Contractor obtain their own permits, the Contractor does not require FWC staff to be present during plant collection. Collection sites must still be approved by the Project Manager; this approval and the use of plants for FWC revegetation efforts may be noted in the applications to

FDACS.

E. All harvested plants shall be installed within 48 hours of being collected.

F. All liner/pot-grown plants shall be thoroughly irrigated by the Contractor no greater than 24 hours prior to arrival at the lake. If Contractor stockpiles plants at staging site, all plants at staging site shall be irrigated at no greater than 48-hour intervals.

G. Final determination of specific planting sites within Lake Kissimmee will be made prior and during the plantings in response to environmental conditions.

H. All Paspalidium and bulrush will be planted in planting configurations determined by the FWC Project Manager though the project. Placement and installation of all trees will be decided under the direction of the FWC Project Manager.

I. All plants are to be planted within the substrate in up to 3.5 feet of water depth so that the roots do not pop up.

J. All trees will be planted in inundated conditions (up to 1.5 feet deep) lake wide. All excavated planting holes for trees planted under non-inundated conditions will be of a depth such that a slight depression will remain after the containerized plant is placed in the planting hole and backfilled with soil. Areas around planted trees must be raked flat to prevent piles of soil. Trees must be planted to a depth that the root-ball is level with or not more than 3” below the surrounding lake substrate elevation.

K. After planting, all trees will be triple staked after they are planted using the Triple stake method:

Space three wooden (wood is required) stakes (recommended 6’ long, 2” diameter;

Greenes Fence 6 ft. Round Tree Stake Lodge-Pole (12-Pack) RC80NR612U - The Home Depot or equivalent) evenly around the planting hole. After the stakes have been positioned, drive them at a 45 degree angle through the root-ball and into the lake substrate to pin the root-ball to the substrate to avoid floating or turning in the hole, leaving at least 18 inches of the stake above the water. Use heavy-duty canvas strapping (required) to tie from the stakes to the tree. Leave a little slack in the strapping to allow the tree to sway naturally (Figure 3).

L. 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 regarding the work. The Contractor shall be https://www.homedepot.com/p/Greenes-Fence-6-ft-Round-Tree-Stake-Lodge-Pole-12-Pack-RC80NR612U/204721142 https://www.homedepot.com/p/Greenes-Fence-6-ft-Round-Tree-Stake-Lodge-Pole-12-Pack-RC80NR612U/204721142

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 15 of 58 responsible for protecting and safeguarding employees and the public relating to the work and job site.

M. Boat operators shall have Personal Floatation Devices for all workers and passengers on-board and shall follow all other safety requirements in accordance with state and federal law, including vessel “maximum capacity” limits for personnel, equipment, and plant transport (http://myfwc.com/boating/safety-education/equipment/).

VII. PAYMENT SPECIFICATIONS

A. Four payments shall be made upon completion of work specified on the Purchase Order/written Notice to Proceed. The initial payment, and the subsequent second and third payments, shall be made when 25%, 50%, and 75% (as defined by number of plants successfully planted) of the project is complete and approved by both the Project and Contract Managers. See Attachment E, Certificate of Partial Payment. Final payment will only be made if the quality of work is approved by the Project Manager/Contract Manager. The final invoice must be received no later than seven calendar days following project completion as approved by the Project Manager/Contract Manager and prior to June 13, 2025.

B. The Contractor will be paid for the number of supplied plants and trees meeting bid specification requirements that are successfully planted. The Contractor and Project Manager/Contract Manager shall agree in writing on the number of plants successfully planted at the end of each planting day in accordance with the Contract Management Daily Report / Aquatic Revegetation (EXHIBIT 1). The Contractor shall submit a total of four invoices, unless otherwise requested by the Project Manager/Contract Manager. The invoices shall be representative of the total number of plants per species successfully planted over all planting days, or for those planting days requested by the Project Manager/Contract Manager at the time of invoice request.

VIII. BID REQUIREMENTS

A. The Contractor shall have at least three (3) years of similar work experience as reflected on their References Form.

B. The Project Manager/Contract Manager reserves the right to inspect all equipment, privately-owned wild-collection sites, and nurseries proposed for use by the Contractor before the work shall be awarded.

C. All plants and trees proposed for installation under this bid must be available for inspection by the Project Manager/Contract Manager at least two (2) weeks prior to installation.

D. Copies of the Certificate of Nursery Registration or Certificate of Stock Dealer Registration (FDACS-08004) and the Permit to Collect Non-Prohibited Aquatic Plants (FDACS-08450) for proposed private and public (relocation) wild-collection sites, including the written plan providing reasonable assurance to prevent the dissemination of noxious or prohibited plants (or exotic or prohibited animals) from private wild-collection sites, shall be submitted as part of the Contractor’s bid package.

IX. PROJECT SPECIFICATIONS

A. Public Access (Lake Kissimmee):

FWC Boat Ramp Finder:

https://atoll.floridamarine.org/dle_gis/javascript/boat_ramp_status/ http://myfwc.com/boating/safety-education/equipment/ https://atoll.floridamarine.org/dle_gis/javascript/boat_ramp_status/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 16 of 58

Joe Overstreet Landing Public Boat Ramp Osceola County (Latitude 27.9373 N / Longitude -81.2259 W; 4900 Joe Overstreet Road, Kenansville, FL 34739).

Coleman Landing Public Boat Ramp Polk County (Latitude 27.8261 N / Longitude -81.2161 N; 1450 Shady Oak Dr. Lake Wales, FL 33898

B. Public Access (FWC Approved Relocation Site for giant bulrush):

Lake Walk-in-Water - Indian Lake Estates Boat Ramp, Polk County (Latitude 27.809689°

N / Longitude -81.384630° W); 6672 Banyan Drive, Lake Wales, FL 33855 (Figure 2).

Lake Marian - Osceola County (Latitude 27.872823° N / Longitude -81.051794° W) Lakeside

Boulevard, Kenansville, FL 34739 (Figure 2).

Lake Istokpoga – Windy Point Park Boat Ramp, Highlands County (Latitude 27.306825°

N / Longitude -81.312916° W); 65 Windy Point Road (at the end of Boat Ramp Road), Lake Placid, FL 33852 (Figure 2).

C. Anticipated Planting Date: March 1 - June 10, 2025 D. All work shall be completed within one hundred-two (102) calendar days of the Installation commencement date. Number of planting days may be less due to environmental conditions as determined by the FWC Project Manager.

SPECIES COMMON NAME TYPE/SIZE

ALLOCATION

AMOUNT

(US $)

Paspalidium germinatum Egyptian paspalidium 4” liner, Nursery-Grown $1,000,000.00

Schoeneoplectus californicus giant bulrush

Bare Root, Nursery-Grown, Private Wild-Collected, or

Relocated (Public Wild Collection from Off-site Donor

Waterbody); OR 4” liner, Nursery-Grown

$200.000.00

Taxodium distichum Bald cypress 25 gallon, Florida No. 2 or better $60,000.00

Salix caroliniana Carolina willow 15 gallon, Florida No. 2 or better $40,000.00

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 17 of 58

Figure 1. – Plantings within Lake Kissimmee will occur lakewide depending on environmental conditions.

Yellow areas are likely tree and bulrush planting areas and green areas are targeted for grass, bulrush and tree plantings.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 18 of 58

Figure 2. – FWC-approved bulrush donor locations, Lakes Walk in Water (Polk County),Marian (Osceola County) and Istokpoga (Highlands County). The Contractor is responsible for obtaining FDACS permits to collect from these lakes.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 19 of 58

Figure 3. Triple Stake Method

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 20 of 58

EXHIBIT 1

LAKE KISIMMEE REVEGETATION- TREES & EMERGENT VEGETATION

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC 24/25-48, Page 21 of 58

PRICE SHEET

FWC 24/25-48

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.

PART I – PLANT PRICES

Bidders must include the “PRICE PER…