FWC.24.25.76.ITB.Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-76

CREW WILLOW MULCHING

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing to mechanically cut and coarsely-grind (mulch) all woody vegetation to the ground. Vegetation to be mulched includes, but is not limited to, Carolina willow, primrose willow, salt bush, wax myrtle, and Brazilian pepper, 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: ____________________ Contractor’s License 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 1.17.2025 FWC 24/25-76, Page 2 of 58

CALENDAR OF EVENTS

FWC 24/25-76

SCHEDULE DUE DATE METHOD

Bid Advertised March 14, 2025 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid

Conference

April 1, 2025

@ 10:00 AM/ ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

April 7, 2025

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions April 10, 2025 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received

PRIOR to:

April 17, 2025

@ 3:00 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 April 17, 2025

@ 3:00/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 April 21, 2025 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 3 of 58

GENERAL CONDITIONS

FWC 24/25-76

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 1.17.2025 FWC 24/25-76, Page 4 of 58

PROCUREMENT MANAGER

Randy Golightly

Randolph.Golightly @myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $99,999.00.

TERM

The contract will be effective one year upon issuance of Purchase Order.

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

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

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

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The

Subcontractor Minority Status Report (Exhibit I) shall be submitted with each invoice for payment. The

List of Subcontractors (Exhibit I) 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.

MANDATORY PRE-BID CONFERENCE/SITE VISIT MEETING

A mandatory pre-bid conference/Site Visit Meeting will be held at 4600 Corkscrew Rd, Immokalee, FL

34142 / 26°29'31.5"N 81°32'02.5"W 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 meeting 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.

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 1.17.2025 FWC 24/25-76, Page 5 of 58

4600 CORKSCREW RD, IMMOKALEE, FL 34142 / 26°29'31.5"N 81°32'02.5"W 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 1.17.2025 FWC 24/25-76, Page 6 of 58

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.

SUPPORTING/SUPPLEMENTAL INFORMATION

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

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

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

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

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

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

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

MAILING INSTRUCTIONS

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

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 7 of 58

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 SHALL NOT BE 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 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.

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 8 of 58

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 Performance Bond and

Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment #B) 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 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

Permitting for this project, if needed, is the responsibility of the Commission. 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.

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 1.17.2025 FWC 24/25-76, Page 9 of 58

MATERIAL AND EQUIPMENT ON COMMISSION PROPERTY

If the Commission allows the Contractor to have project materials or equipment delivered to and/or stored upon the Commission-managed or owned property before, during, or after the term of the project, the

Contractor 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 Contractor shall hold harmless, indemnify, defend, and may be responsible for costs of any reasonably necessary actions taken by the Commission.

PERFORMANCE BOND

A Performance Bond shall be required from the Contractor by the Commission for this project. Prior to commencing any work, and within ten (10) days after issuance of a Purchase Order, the Contractor shall furnish a Performance Bond in the amount of one hundred percent (100%) of the total contract price to ensure full and complete performance of the contract to the attention of the Contract Manager. The bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, the Purchase Order assigned to the project by the Commission, and a description of the property being improved with a general description of the project. Please note: A

Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the Commission, licensed to do business in the State of Florida and signed by a Florida Licensed Resident Agent. Such a bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the bonds on behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the Contractor.

In lieu of a Performance Bond, The Commission may prior approve an alternate form of security in the form of a Cashier’s check, Official bank check or Money order in the amount of the bond. The alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the

Performance Bond.

Work shall not begin before the Commission receives the Performance Bond. Failure to provide a

Performance Bond may be grounds to find the Contractor in default, which could include cancellation of the contract, and/or the Contractor’s removal from the State’s approved Contractor list for future solicitations.

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”.

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 10 of 58

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

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

CONDITIONS AND SPECIFICATIONS

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 11 of 58

SCOPE OF WORK

FWC 24/25-76

CREW WILLOW MULCHING

PROJECT DESCRIPTION:

The Florida Fish and Wildlife Conservation Commission (FWC or Commission) is requesting bids for the mechanical treatment of invasive woody vegetation in the Corkscrew Regional Ecosystem

Watershed (CREW) Wildlife and Environmental Area (WEA) marsh (Figures 1 & 2). Vegetation to be mulched includes, but is not limited to, Carolina willow, primrose willow, salt bush, wax myrtle, and Brazilian pepper. Oak, maple, pine, and sabal palm trees are not to be mulched. Acres to be mulched will depend on funding and price per acre. Woody vegetation will be mechanically treated in April – early June 2025 under an FWC purchase order contract up to $100,000.

Mulching should occur as close to the summer rainy period as possible. Rising water levels from summer rains will drown the willow before it regrows. Mulching can begin when soils are dry enough to avoid rutting or getting equipment stuck, as determined by the FWC Contract Manager.

FWC will issue a Notice to Proceed to the Contractor when soil conditions are good for work to proceed at least one week before work can begin.

Mechanical treatment work shall not commence before Monday, April 21, 2025 and shall be completed no later than Friday, June 6, 2025. The Contractor shall submit the final invoice to the

FWC Contract Manager by Thursday, June 6, 2025.

The FWC Project Manager reserves the right to re-prioritize, add, or remove treatment areas based on water levels or other factors before and during the project. The treatment acreage may be adjusted depending on bids and available funding.

The South Florida Water Management District (SFWMD) may elect to use Contractor quotation(s) resulting from this solicitation, or to solicit quotations(s) pursuant to District procurement procedures, to procure additional mechanical treatment up to a value of $50,000 at the discretion of the District and depending on available funding. Such contracting will be considered separate from FWC.

1. PROJECT AREA:

1.1. The work area is in the CREW WEA marsh, which is near 4600 Corkscrew Rd, Immokalee, FL 34142

(Collier County) (Figures 1 & 2).

2. TECHNICAL SPECIFICATIONS:

2.1. Contractor shall mechanically cut and coarsely-grind (mulch) all woody vegetation to the ground.

Few stems or branches from shrubs should be sticking up. Ground disturbance shall be minimized using low ground pressure equipment while operating in the marsh or on soft trails (at the discretion of SFWMD and FWC staff) to avoid soil disturbance.

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3. EQUIPMENT SPECIFICATIONS:

3.1. Carrier Specifications:

3.1.1. Base machine will be a long reach excavator with mulching head and pontoon tracks. Other equipment may be considered upon submission to FWC Project manager for approval.

3.2. Cutter attachment specifications:

3.2.1. Cutter attachment shall be a hydraulically driven, rotary, brush- or tree-cutter design.

3.2.2. Unit shall be rated to handle the high-flow hydraulic option.

4. GENERAL SPECIFICATIONS:

4.1. Prior to commencing work, the FWC Project Manager will meet with the Contractor on-site to provide additional instructions about the project, if needed.

4.2. Once the project is initiated, it must continue to completion in a systematic and contiguous manner, unless unavoidable delays (as determined by the FWC Project Manager) are encountered.

4.3. Contractor shall furnish all labor, equipment, supplies, and vehicles necessary for performing all operations.

4.4. Contractor shall be responsible for reading maps and following GPS coordinates provided by the

Contract Manager for each treatment location. The FWC Project Manager will provide coordinates, a kml, shapefile, or Avenza (geo PDF) map of the treatment area.

4.5. The Contractor should avoid using equipment on soft roads, shoulders, or areas where rutting of the ground might occur. The Contractor shall notify the FWC Contract Manager to reschedule work if soil conditions become an issue.

4.6. The Contractor is responsible for repairing any damage of the marsh due to equipment use above and beyond the scope of work to include but not limited to ruts, sinkholes, vehicle recovery, etc.

4.7. Transportation to and from the work site shall be the responsibility of the Contractor and may require the use of four-wheel drive vehicles or other off-road equipment. Secondary impacts to roads, trails, and other natural areas shall be minimized as much as possible.

4.8. The Contractor shall avoid cutting or damaging trees marked with orange flagging tape.

4.9. The Contractor, Contractor’s employees, and any Subcontractors shall be responsible for fulfillment of all work elements included in all subcontracts and shall be responsible for payment of all monies due under the subcontract.

4.10. The Contractor, Contractor’s employees, and any Subcontractors shall be subject to all South

Florida Water Management District (SFWMD) and FWC rules and general area regulations of the

Corkscrew Regional Ecosystem Watershed Wildlife & Environmental Area (CREW WEA).

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 13 of 58

4.11. The Contractor shall always be responsible for the conduct of hired personnel while within the project area.

4.12. The Contractor shall remove all litter (including food and drink waste) from the project area each day. Food and drink should not be left inside equipment that is on-site. Black bears and racoons frequent the area and may be attracted to food and drink.

4.13. Work sites are open to the public. The Contractor may store equipment on site, but securing equipment is the sole responsibility of the Contractor, and neither FWC nor the SFWMD will be held liable for the theft or vandalism of Contractor’s equipment.

4.14. To prevent contamination by exotic and invasive plants, all equipment must be free of vegetation and soil upon arrival to each work site.

4.15. The Contractor will be held liable for any loss or damage to any trail markers due to careless operation.

4.16. Any damage caused by the Contractor to FWC or SFWMD property (including, but not limited to, culverts, fences, trees, roads/trails, or other natural resources) within or not within the scope of the project work, shall be the responsibility of the Contractor.

4.17. The Contractor shall be responsible and liable for any damages to underground utilities (e.g.

telephone lines, gas lines, power lines, etc.).

4.18. The Contractor shall notify the FWC Project Manager of any damages to state property caused by vehicles, weather, or vandalism.

4.19. FWC or the SFWMD reserves the right to check the Contractor’s work at any time.

4.20. The Contractor shall provide weekly progress updates including estimated acres completed.

4.21. The FWC Contract Manager will coordinate the work periods and payment schedule with the

Contractor. Unless otherwise agreed upon, payment will be made in one lump sum once work is completed in a satisfactory manner, as determined by the FWC Contract Manager.

4.22. No work shall be conducted between the hours of 5:00 pm and 7:00 am without first gaining permission from the FWC Contract Manager. Contractor may work the weekends with written permission from the SFWMD land manager and the FWC Contract Manager.

5. SAFETY AND EQUIPMENT:

5.1. The Contractor shall be solely responsible for the safety on or off the job site and adhere to the personal and equipment safety specifications and conditions below:

5.1.1. At minimum, the Contractor shall meet or exceed the applicable requirements of the latest revision of the following codes and specifications published by:

a. Department of Transportation (DOT)

b. Environmental Protection Agency (EPA)

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 14 of 58

c. Occupational Safety and Health Act (OSHA)

5.2. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

5.3. The Contractor shall be responsible for protecting and safeguarding employees and the public in connection with the work and job site.

5.4. The Contractor shall be responsible to ensure that all equipment used shall be properly maintained in order to protect the operator, the public, and the environment.

5.5. Equipment brought to the site for the scope of this project shall be operable and in proper working order, designed for or suited to the tasks required to be performed and maintained.

5.6. The Contractor shall provide and ensure employees wear protective clothing, safety shoes, hard hats, eye protection, ear (noise) protection, fluorescent safety vests, and any other items required by laws, regulations, ordinances, and/or manufacturer’s instructions for the materials and equipment.

5.7. The Contractor shall require employees to wear uniforms consisting of at least a contractor’s shirt with the company name.

5.8. The Contractor shall always have appropriate first aid kits on-site.

5.9. The Contractor shall always have a cell phone on his/her person while on the job site, in order to communicate with the Contract Manager as needed.

6. PROJECT AREA ACCESS:

6.1. FWC will provide the Contractor with the combination to the locked gate on the project area. The

Contractor will be responsible for securing all gates upon entering and existing the project area. The

Contractor may not drive on any trails beyond those that take him/her directly to and from the project site.

7. DATA COLLECTION:

7.1. The Contractor shall be asked to mark aerial maps, collect GPS tracks, or identify and document the work.

8. PAYMENT:

8.1. Up to two payments will be made upon completion of work specified on the Purchase Order/written

Notice to Proceed. The initial payment, and the subsequent second (and final) payment, will be made when 50% and 100% (as defined by number of acres of woody vegetation determined to be successfully mulched by GPS assessment) of the project is complete and approved by FWC Contract

Manager. The final invoice must be received no later than June 6, 2025.

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 15 of 58

Figure 1. CREW Wildlife and Environmental Area highlighting the CREW Marsh Mechanical Treatment Area in blue.

Project

Location

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 16 of 58

Figure 2. Close-Up CREW Marsh Mechanical Treatment Project Area, Immokalee, Florida. 2025 CREW

Marsh Treatment Project Area

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 17 of 58

PRICE SHEET

CREW Willow Mulching

FWC 24/25-76

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

The bid shall include all necessary items to complete the project (e.g. equipment, labor, fuel, insurance, etc.). The bid shall be less any Federal or State sales or use taxes. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods, and/or equipment purchased for such services.

The project will be awarded to the responsive, responsible vendor that submits the lowest bid price and meets the specifications presented in this document. Failure to provide the required documentation by the bid solicitation deadline will result in the disqualification of the bid from consideration.

PROJECT: Mechanical treatment of woody vegetation in the CREW WEA marsh.

BID PRICE: $ ____________________ (PER ACRE)

Specify the equipment you plan on using:

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

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: ______________________________

FEID or Social Security Number:____________

Title: _____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

Ch. 287 Invitation to Bid – Revised 1.17.2025 FWC 24/25-76, Page 18 of 58

REFERENCES

FWC 24/25-76

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 1.17.2025 FWC 24/25-76, Page 19 of 58

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 1.21.2025 FWC 24/25-76, Page 20 of 58

ATTACHMENT A

FWC 24/25-76

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: January 17, 2025

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

Ch. 287 Invitation to Bid – Revised 1.21.2025 FWC 24/25-76, Page 21 of 58 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.

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…