FWC.24.25-37-ITB.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC FY24/25-37

HUNGRYLAND WILDLIFE AND ENVIRONMENTAL AREA MECHANICAL VEGETATION

TREATMENT

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for selective mechanical vegetation treatment on

Hungryland Wildlife and Environmental Area, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 2 of 41

CALENDAR OF EVENTS

FWC FY24/25-37

SCHEDULE DUE DATE METHOD

Bid Advertised November 14, 2024 Posted on the Vendor Information Portal

(VIP)

Site Visit RSVP Deadline December 2, 2024@

5:00 PM ET

Email Procurement Officer at provided email address

MANDATORY Pre-Bid

Conference

December 5, 2024

@ 10:00 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

December 11, 2024

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions December 17, 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 20, 2024

@ 3:30 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 December 20, 2024

@ 3:30 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 January 2, 2025 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 3 of 41

GENERAL CONDITIONS

FWC FY24/25-37

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 FY24/25-37, Page 4 of 41

PROCUREMENT MANAGER

Dale Eastmond

Dale.Eastmond@myfwc.com

TERM

The contract will be effective four years upon issuance of Purchase Order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract

Manager will review the extension request and if they determine it is justified, will forward to the Bid

Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

SUBCONTRACTS

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

DIVERSITY

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

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

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

MANDATORY PRE-BID CONFERENCE/SITE VISIT MEETING

A select item pre-bid conference/Site Visit Meeting will be held at Hungryland Check Station 26.963812°, -

80.288644° on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/Site Visit Meeting is to discuss the contents of this ITB and to accept verbal questions from

Bidders concerning the project. Vendors must attend this pre-bid conference/site visit as a requirement of bid responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall disqualify a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/Site Visit, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/Site Visit shall not be binding on the

Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

All parties interested in attending the pre-bid meeting must notify the Commission’s Procurement Manager of their intent at least three (3) days prior to the meeting date. The meeting will require the use of FWC equipment. Due to limited seating availability, each Contractor may select only one (1) company representative to attend the field portion of the meeting. Vendors arriving late shall be deemed non-responsive and will not be considered for any award under this ITB. Contractors must attend the entire pre-bid meeting to be considered responsive for this ITB. Vendors who do not RSVP will still be able to attend the Pre-Bid Meeting, but will not be able to participate in the Site Visit.

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 FY24/25-37, Page 5 of 41

Hungryland Check Station 26.963812°, -80.288644°

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 6 of 41

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.

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.

EQUIPMENT LIST

On the form provided as Attachment B, Bidders shall provide a list of the equipment to be used for this project. The list must contain specifications for each piece of equipment, including make, model, etc.

Equipment must meet the minimum requirements as specified herein (see Section II – EQUIPMENT

SPECIFICATIONS of the Scope of Work). No equipment substitutions will be accepted. FWC reserves the right to reject any bid submission that does not meet the minimum specifications contained herein.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

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

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 7 of 41

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

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

MAILING INSTRUCTIONS

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

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES. 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 who submits the lowest bid price.

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

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

POSTING OF BID TABS

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

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

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 8 of 41 period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

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

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

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

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

FWC CONTRACT MANAGER

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

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

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

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

Certificate of Contract Completion form; and

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

DELIVERABLES

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

Contract:

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

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $150.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

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 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 FY24/25-37, Page 9 of 41 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.

CONDITIONS AND SPECIFICATIONS

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

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

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 10 of 41

SCOPE OF WORK

FWC FY24/25-37

HUNGRYLAND WILDLIFE AND ENVIRONMENTAL AREA MECHANICAL VEGETATION

TREATMENT

PROJET DESCRIPTION

The Florida Fish and Wildlife Conservation Commission (FWC) seeks to obtain competitive pricing for selective mechanical treatment of dense saw palmetto, wax myrtle, gallberry, and other vegetation for the purposes of fuel load restructuring and habitat improvement per the specifications contained herein as identified by FWC within the John C. and Mariana Jones/Hungryland Wildlife and Environmental Area

(Hungryland WEA) located in southern Martin and northern Palm Beach counties (Figure 1).

Project sites are in natural areas and are composed mainly of pine flatwoods interspersed with wet prairies and freshwater marshes that can only be accessed with specialized off-road equipment (Figure 2).

The Contractor and FWC personnel will review the site and agree on acreage before work commencement.

FWC personnel shall designate specific areas to be treated. For fiscal year 2024-2025 (Figure 2), treatment will be focused on areas with dense saw palmetto where artificial cavities will be installed for federally endangered red-cockaded woodpeckers.

The total project area may include up to 150 acres annually. Final mechanical treatment acreage and locations will be dependent upon available funding and hydrological conditions. FWC reserves the right to increase or decrease project size based on budget, bid price, and habitat conditions.

1. EQUIPMENT SPECIFICATIONS

Bidders must submit Attachment B as part of their final bid submission.

1.1. Equipment used in the performance of the work shall be of the proper type and size and in such mechanical condition to accomplish required mechanical treatment in accordance with the standards herein.

1.2. Contractor shall provide at least two (2) excavators meeting the following specs that are onsite throughout the project.

1.3. Bid submissions shall include specifications, including make, model, etc., for equipment to be used for the project (Attachment X). FWC reserves the right to reject any bid submission that does not meet the minimum specifications listed below. Equipment substitutions will NOT be accepted.

1.4. Equipment used shall meet the following specifications:

1.4.1. Excavator equipped with a minimum 175 hp independently powered closed loop hydraulic system rotating drum type mulcher.

1.4.2. Equipment must be able to sever horizontal saw palmetto rhizomes without ground disturbance.

1.4.3. Equipment used for mechanical treatment must carry one (1) ten-pound (10lb) or two (2) five-pound (5lb) fire extinguishers on board.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 11 of 41

1.4.4. Capable of treating a minimum of twenty-five (25) acres per week

Example Equipment: CAT 316 hydraulic 40,000 lbs. excavator with 175hp auxiliary power and brown brontosaurus mower head.

1.5. The Contractor must have the capability to provide replacement equipment within five (5) days in the event of equipment breakdowns.

2. CONTRACTOR SPECIFICATIONS

2.1. The Contractor shall provide all labor, vehicles, equipment, and supplies necessary for performing all operations in accordance with the specifications contained herein.

2.2. Transportation to and from project sites shall be the Contractor’s responsibility and may require use of four-wheel drive vehicles or other off-road equipment. The Contractor is responsible for all mobilization and demobilization.

2.3. The Contractor must be capable of treating a minimum of twenty-five (25) acres per week and shall provide an estimated work schedule to the FWC Project Manager prior to starting the project.

Repeated failure by the Contractor to meet the weekly treatment acreage shall result in termination of the contract.

2.4. Mechanical vegetation treatment work must begin within two (2) weeks of purchase order issuance date unless otherwise determined by the FWC Project Manager.

2.5. Once the project is initiated, it must continue to completion in a systematic and contiguous manner to completion, unless unavoidable delays (as determined by FWC) are encountered. All work shall occur outside of archery, muzzleloading gun and general gun quota hunts and spring turkey hunts.

The FWC Project Manager will coordinate with the Contractor to avoid overlap with hunting dates.

2.6. The Contractor shall notify FWC two (2) days prior to entering the work site.

2.7. The Contractor shall be required to demonstrate equipment and operator capability in meeting all specifications contained herein. The Contractor and its operator(s) shall be responsible for reading maps and following GPS coordinates provided by FWC for each treatment location.

2.8. The Contractor’s equipment shall be free of vegetation and soil to prevent contamination by exotic and invasive species. Equipment will be inspected by the FWC Project Manager or their designee upon arrival.

2.9. The Contractor and the Contractor’s employees shall abide by all other rules and regulations of

Hungryland WEA.

2.10. The Contractor shall ensure a Crew Supervisor is present on site while work is being performed.

The Crew Supervisor is responsible for Crew safety and all activities while on site. All safety on or off 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 work. The Contractor shall be responsible for protecting and safeguarding employees and the public in connection with the work and project sites.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 12 of 41

2.11. It shall be the responsibility of the Contractor to remove all extraneous materials, equipment, and trash associated with the project from the area before final payment will be awarded. It is the responsibility of the Contractor to see that the area is cleaned upon completion of the project.

2.12. Secondary impacts on roads, trails, and natural areas shall be minimized as much as practical. Any damage to existing state property (i.e., culverts, fences, trees, or other natural resources) caused by the Contractor and not within the scope of this ITB will be the responsibility of the Contractor. The

Contractor shall be responsible for the conduct of personnel at all times.

2.13. No equipment shall be operated in a manner that significantly damages natural resources or infrastructure on Corbett WMA. This includes damage to existing roadways, culverts, gates, utility structures, wetlands, trees, native vegetation, wildlife. other natural resources, and equipment.

Contractor shall be responsible for and repair/replace, to satisfaction of FWC Project Manager, all

Contractor-induced damage. Damage to natural resources or infrastructure may result in immediate termination of the contract.

2.14. The Contractor shall be solely responsible for rescue or recovery of any immobilized equipment at the Contractor’s expense. The FWC equipment shall not be used to assist with the rescue or recovery of the Contractor’s equipment.

3. MECHANICAL VEGETATION TREATMENT SPECIFICATIONS

3.1. Contractor shall begin treatment where directed by the FWC Project Manager and shall proceed in a systematic manner across contiguous areas to ensure target vegetation is treated as specified herein.

3.2. The FWC Project Manager will provide maps of designated routes to be used for access to the treatment areas. Equipment operated outside of the designated routes and treatment areas may result in immediate termination of the contract.

3.3. The Contractor shall cut all understory vegetation in treatment areas, including saw palmetto rhizomes, within six inches (6”) of the ground surface. Cut vegetation may be left on site. Vegetation must not be piled.

3.4. Pine trees greater than five inches (5”) in diameter at breast height shall be protected from any damage or ground disturbance, unless otherwise identified by the FWC Project Manager.

3.5. A buffer of eighteen inches (18”) from all pine trees greater than fourteen inches (14”) in diameter at breast height shall be left untreated.

3.6. Damage to pine tree bark resulting in the exposure of sapwood may be grounds for the termination of the contract.

3.7. Mechanical treatment shall result in clear sight lines through the understory across the treatment area.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 13 of 41

4. RESOURCE PROTECTION

4.1. Every effort shall be made by the Contractor to avoid damage to wetlands, native vegetation, and wildlife.

4.2. The Contractor shall use every precaution necessary to prevent environmental pollution by fuel, oils, chemicals, silt, or other harmful materials. All bodies of water, including ditches, will be kept free of Contractor-generated debris or soils.

4.3. All equipment must be clean and free of vegetation/soil prior to entering the site to prevent contamination by exotic and invasive plant species. Before beginning work, the Contractor will, at a minimum, power wash all equipment to be used on the project. Equipment will be inspected upon arrival.

4.4. Should any historical or cultural artifacts be uncovered during work, the Contractor shall immediately cease work in the proximity of the site and immediately notify Corbett WMA staff.

4.5. No mechanical treatment shall occur near active red-cockaded woodpecker (RCW) clusters during the breeding season (typically April through July). The FWC reserves the right to issue a stop work notification if the Contractor’s equipment is operating too close to an active RCW cluster, as determined by the FWC Project Manager. Area staff closely monitor RCW, a federally protected species, activity throughout the year and will exclude active clusters from mechanical treatment area maps to the greatest extent possible. However, if a previously inactive or unidentified cluster becomes active in the planned treatment area, staff will immediately notify the Contractor and provide an updated map excluding the newly active cluster and adjust the treatment area as necessary.

4.6. No mechanical treatment shall occur near active bald eagle nests during the breeding season

(typically Sept through May). The FWC reserves the right to issue a stop work notification if the

Contractor’s equipment is operating within 660 feet of an active bald eagle nest per recommended

Federal guidelines. Area staff closely monitor bald eagles, a federally protected species, activity throughout the year and will exclude active nests from mechanical treatment area maps to the greatest extent possible. However, if a previously inactive or unidentified nest becomes active in the planned treatment area, staff will immediately notify the Contractor and provide an updated map excluding the newly active nest and adjust the treatment area as necessary.

5. STOP WORK

5.1. The FWC has the right to stop work if the work is not being completed as specified, the work is causing ecological damage, or other concerns arise.

5.2. The FWC reserves the right to stop or delay work if site conditions (e.g., saturated soil) lead to unacceptable levels of ground disturbance or any other undesirable result.

5.3. The FWC shall have sole discretion in the determination to stop and resume work. The Contractor shall stop all on-site activities upon stop work notification and shall not resume work until written notification is provided by the FWC.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 14 of 41

6. PRICING/PAYMENT

6.1. Work shall be performed at a per acre rate. Bid prices shall include mobilization(s) to Hungryland

WEA. While it is anticipated that only one mobilization will be required, unforeseen circumstances may require a second mobilization.

6.2. Payment(s) may be made after work has been verified and inspected to ensure all work has been performed to the satisfaction of the FWC Project Manager.

7. MAPS

Figure 1. Area Map

7.1.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 15 of 41

Figure 2. Planned Treatment areas for 2024 – 2025

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 16 of 41

PRICE SHEET

FWC FY24/25-37

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

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

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

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

BID PRICE PER ACRE: $ _________________________________

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 FY24/25-37, Page 17 of 41

REFERENCES

FWC FY24/25-37

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 FY24/25-37, Page 18 of 41

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 FY24/25-37, Page 19 of 41

ATTACHMENT A

FWC FY24/25-37

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

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.

Ch. 287 Invitation to Bid – Revised 3.27.2024 FWC FY24/25-37, Page 20 of 41

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. Independent Contractor.

The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required.