FWC ITB 25.26-67 Final.pdf

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Attached to
Aquatic Fence Construction, Refencing and Removal
Solicitation number
ITB-15034
Issued by
Leon County, Florida

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FWC ITB 25/26-67: Aquatic Fence Construction, Refencing and Removal

This is an Invitation to Bid (ITB) issued by the Florida Fish and Wildlife Conservation Commission (FWC) for aquatic fence construction, refencing, and removal services to protect native submersed aquatic vegetation in the St. Johns River system. The procurement encompasses three distinct services: new aquatic enclosure construction (including T-posts, PVC pipe, and fence wire installation), refencing of existing enclosures (removing old wire and installing new), and complete removal of all fencing materials. Work will be performed across the St. Johns River and associated lakes in Duval, Clay, St. Johns, Putnam, Flagler, Marion, Lake, Volusia, Seminole, and Brevard counties, with approximately 90 percent of work concentrated in Lake George. The base unit for pricing is 1,300 linear feet of fencing per project. A mandatory pre-bid conference is scheduled for February 11, 2026, at 11:00 AM ET, and prospective bidders must conduct site visits prior to submission. Written questions must be submitted by February 18, 2026, at 5:00 PM ET. Sealed bids are due March 2, 2026, at 3:30 PM ET at the FWC Purchasing office in Tallahassee, with public opening immediately following. The anticipated award date is March 5, 2026. The contract term is two years from Purchase Order issuance, with possible extensions available under Force Majeure circumstances subject to written approval from the Project Manager and Procurement Manager.

Pricing is submitted separately for materials and labor on a per-1,300-linear-foot basis for each of the three services, with the award going to the responsive, responsible bidder submitting the lowest total price. Contractors must meet a minimum production standard of 1,300 linear feet per day or incur daily liquidated damages of $100; this penalty may be waived if delays result from circumstances beyond the contractor's control. Payment is based on GPS-measured linear feet completed, verified by the Project Manager, with partial invoices permitted every two weeks during active construction. All materials, labor, equipment, and disposal of removed materials at legal landfills or recycling facilities are the contractor's responsibility. No budget amount is disclosed in the procurement documents, and no specific set-asides for disadvantaged enterprises or small business designations are identified. Subcontracting is permitted with submission of a List of Subcontractors and Subcontractor Minority Status Report with each invoice, allowing participation by minority-owned or disadvantaged business enterprises. All bidders must be registered in MyFloridaMarketPlace (MFMP) and SunBiz prior to bid opening. Work shall be performed on weekdays during daylight hours (sunrise to sunset) with suspension during unsafe weather conditions, and no incumbent vendor information is specified.

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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

Aquatic Fence Construction, Refencing and Removal

FWC 25/26-67

INVITATION TO BID

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for material and labor to construct, refurbish and remove fenced enclosures from lake and river portions of the St. Johns River, 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 Vendors: The Commission shall only consider responsible vendors. Responsible vendors 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.

Sealed Bid: In response to an Invitation to Bid (ITB), a sealed bid is the final submission of a bid from a vendor prior to the bid deadline, after which no further submissions will be considered.

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. We have examined the site in reference to the specifications contained within this ITB and have familiarized ourselves with the entire site and have examined carefully the extent of the work that is needed.”

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 3 of 66

CALENDAR OF EVENTS

FWC 25/26-67

SCHEDULE DUE DATE METHOD

Bid Advertised February 4, 2026 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid Conference

February 11, 2026

@ 11:00 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received PRIOR to:

February 18, 2026

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions February 23, 2026 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received PRIOR to:

March 2, 2026

@ 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 March 2, 2026

@ 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

March 5, 2026 Posted on the Vendor Information Portal

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 4 of 66

GENERAL CONDITIONS

FWC 25/26-67

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 2).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Development, 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.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 5 of 66

PROCUREMENT MANAGER

Adrian Wiggins Adrian.Wiggins@myfwc.com

TERM

The contract will be effective two 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 permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Minority Status Report (Composite Exhibit I) shall be submitted with each invoice for payment. The List of Subcontractors (Composite 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 Development 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 Development website for information on certified business enterprises that may be considered for subcontracting opportunities. However, pursuant to Section 287.05701 F.S., the Commission may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, nor give preference to a vendor based on the vendor’s social, political, or ideological interests.

MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held at 29.201605°, -81.577746° on the date and time specified in the Calendar of Events (Page 3). The purpose of the pre-bid conference is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. Vendors must attend this pre-bid conference as a requirement of bid responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall disqualify a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference however, Bidders should clearly understand that verbal discussions held at the pre-bid conference shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

29.201605°, -81.577746°.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 6 of 66

MANDATORY BIDDER SITE VISIT

It is mandatory that prospective bidders inspect the project sites prior to submitting a bid. This will enable bidders to familiarize themselves with the scope of work. Bidders shall visit the sites on their own. The Site Visit Mandatory Attestation-Individual Bidder Attendance form (Attachment B) must be completed by the Contractor and submitted with the bid package. FWC will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Please review Figure 2 within the Scope of Work for the locations of the sites that require visitation.

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 3). 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.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 7 of 66

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 2), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

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

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

EQUAL BIDS

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

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

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

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

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

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 8 of 66

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 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 3). 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.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 9 of 66

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

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

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

FWC CONTRACT MANAGER

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

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

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

review, verify, and approve invoices from the Contractor; and, if applicable, complete the Certificate of Contract Completion form; and maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

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

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

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

NOTICE TO PROCEED

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 10 of 66

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.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the Commission.

Delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with delivery and shall assume full responsibility for all item(s) damaged prior to the F.O.B.

destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s), or the purchase price shall be refunded. The refund or the delivery of the replacement product(s) shall be made within thirty (30) days following the Contract Manager’s notification to the Contractor that the original product(s) was non-compliant. Costs of returning the original product(s) will be the sole responsibility of the Contractor.

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.

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 3.12.2025 FWC 25/26-67, Page 11 of 66

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.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 12 of 66

SCOPE OF WORK

FWC 25/26-67

AQUATIC FENCE CONSTRUCTION, REFENCING AND REMOVAL

PURPOSE

The FWC is working to re-establish native submersed aquatic vegetation in the St. Johns River. One of the challenges faced is protecting the new vegetation from herbivores until it can become established. This is accomplished by building temporary fenced enclosures to protect plants from grazing, mainly by turtles.

The purpose of this bid is to obtain a contractor to perform three services related to aquatic fencing:

1.1. New aquatic enclosure construction: Build new fencing, including installing T-posts, PVC pipe and fence wire.

1.2. Aquatic enclosure refencing: Refurbish existing fencing by removing old fence wire and replacing with new fence wire.

1.3. Aquatic enclosure removal: Remove all fencing at the conclusion of the project, including T-posts, PVC pipe and fence wire.

2. DEFINITIONS

2.1. Project Manager - The Project Manager is the FWC representative responsible for the management of this project.

2.2. Contractor - The Bidder awarded this contract.

2.3. Fenced Enclosure – A fenced area constructed in a lake or river to protect aquatic plants from herbivores (grazing). Each fenced enclosure will be rectangular in shape having four sides that each join to block fish and wildlife from entering the fenced area.

2.4. T- post – Steel fence post shall be a minimum length of 6.5 feet and have a minimum weight of 1.25

lb. per foot.

2.5. PVC pipe – Each T-post shall have a one- and one-half inch (1-½”) diameter, class 160 (thin wall), white PVC pipe slipped over the T-post. Half of the PVC per fenced enclosure will be ten feet long, the other half will be five feet long.

2.6. Adhesive Reflective Tape – 6-inch-wide yellow micro-prismatic adhesive reflective tape shall be placed around the top of each 10-foot section of PVC pipe to aid in nighttime navigation.

2.7. Fencing – Fence wire material shall be 316L stainless steel 16-gauge, 1.5 inch x 1.5 inch mesh, 60 inches (5 feet) tall. Material shall be Critterfence Item #: 680332611213 or FWC approved equivalent.

2.8. Fence Overlap – the ends of each roll of fence wire shall be overlapped a minimum of 12 inches where they adjoin and secured using cable ties.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 13 of 66

2.9. Cable Ties – Cable ties shall be a minimum of 11.8 inches in length, black plastic, 120-pound minimum tensile strength, UV light protected.

2.10. Substitutions of any materials listed must be approved by the FWC Project Manager in writing.

3. BID SPECIFICATIONS

3.1. NEW AQUATIC ENCLOSURE CONSTRUCTION (Service 1. Fence Construction)

3.1.1. Enclosure construction is the installation of T-posts, PVC pipes and new fence.

3.1.2. The Contractor will be responsible for supplying all materials, labor and equipment necessary to carry out tasks listed below.

3.1.3. The base unit of fencing will be 1,300 linear feet. See Table 1 for a detailed list of material necessary for each 1,300 linear feet of fencing.

3.1.4. The Contractor shall construct fenced enclosures as detailed below and in Table 1. The size of each enclosure will be determined by the FWC Project Manager and will be one or more multiples of 1,300 linear feet of fencing, or as specified by the FWC Project Manager.

3.1.5. Enclosures will vary in size depending upon site conditions but may exceed 1 mile in length and 300 ft in width. Enclosures will typically be rectangular and positioned parallel to the shoreline.

To achieve uniform and straight fences, the Contractor will begin by setting corner posts first then stretching string periodically to facilitate T-post placement.

3.1.6. Cross fences shall be installed perpendicularly across the fenced enclosures at intervals specified by the FWC’s Project Manager to separate the large enclosures into cells that will limit herbivore access to the site if the perimeter fencing is breached.

3.1.7. T-posts will be spaced 6.5 feet apart and driven a minimum of 2.5 feet into the lake bottom.

3.1.8. A 10 foot PVC pipe will be placed over the T-posts located on the corners. The remaining T- posts will receive either a 10 foot PVC pipe or a 5 foot PVC pipe, alternating between the two lengths.

3.1.9. Fencing will be pushed a minimum of 0.5 inches into the bottom sediment.

3.1.10. Fencing will be attached to each post/PVC pipe using a minimum of seven (7) cable ties per post.

The bottom most cable tie must be within two (2) inches of the bottom substrate. Remaining cable ties shall be placed approximately 8 inches apart from top to bottom.

3.1.11. The ends of each roll of wire must overlap at least 12 inches with the adjoining roll and be secured to adjoining roll using a minimum of 5 cable ties spaced evenly apart from top to bottom.

3.2. AQUATIC ENCLOSURE REFENCING (Service 2. Refencing)

3.2.1. Refencing is the removal of existing fencing and installation of new fence to existing T-posts and PVC pipes.

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3.2.2. The Contractor will be responsible for supplying all materials, labor and equipment necessary to carry out tasks listed below.

3.2.3. The Contractor shall remove all existing cable ties from the designated fencing. All cable ties must be collected and removed from the site.

3.2.4. All existing wire must be removed from the lake and disposed of in a legal manner at a landfill or recycling facility. Contractor will be responsible for all disposal fees.

3.2.5. Contractor will straighten any bent T-posts. Any posts that cannot be straightened will be replaced by the Contractor. Replacement T-posts and PVC will be supplied by the FWC Project Manager for refencing only.

3.2.6. Once the old fence is removed, the Contractor will replace the fencing using fence wire material specified in 2.7 above on the existing fence posts.

3.2.7. Fencing will be pushed a minimum of 0.5 inches into the bottom sediment.

3.2.8. Fencing will be attached to each post/PVC pipe using a minimum of seven (7) cable ties per post.

The bottommost cable tie must be within two (2) inches of the bottom substrate. Remaining cable ties shall be placed approximately 8 inches apart from top to bottom.

3.2.9. The ends of each roll of wire must overlap at least 12 inches with the adjoining roll and be secured to adjoining roll using a minimum of 5 cable ties spaced evenly apart from top to bottom.

3.3. AQUATIC ENCLOSURE REMOVAL (Service 3. Fence Removal)

3.3.1. Enclosure removal is the complete removal of all fencing materials at enclosure locations specified by the FWC Project Manager.

3.3.2. The Contractor will be responsible for supplying all materials, labor and equipment necessary to carry out tasks listed below.

3.3.3. The Contractor shall remove all existing cable ties from the designated fencing. All ties must be collected and removed from the site.

3.3.4. All existing wire, PVC pipe and steel T-posts must be removed from the lake and disposed of in a legal manner at a landfill or recycling facility. Contractor will be responsible for all disposal fees.

3.4. TASK ASSIGNMENT

3.4.1. A Purchase Order will be issued for each project performed under this Invitation to Bid.

3.4.2. The Purchase Order will list the type of work to be performed (fence construction, refencing, or removal), the location of the work and the total linear feet of work to be performed.

3.4.3. Unless otherwise specified in the Purchase Order, the Contractor will have fourteen (14) calendar days to begin work from the date the Purchase Order is issued.

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3.5. WORK SCHEDULE

3.5.1. Work shall be performed during weekdays (Monday–Friday) during daylight hours (sunrise to sunset).

3.5.2. Requests to work weekend days or holidays shall be made in writing by the Contractor. The FWC Project Manager/Contract Manager shall provide a response to the Contractor in writing to grant or reject requests.

3.5.3. Due to the need to maximize staff time and work production, the Contractor will work five (5) days per week until the project is completed, unless the FWC Project Manager agrees to an alternate schedule in writing.

3.6. PRODUCTION STANDARD

3.6.1. The Contractor must provide enough manpower and equipment to complete a minimum of 1,300 linear feet of installation, refencing or removal per day, or 6,500 linear feet per week.

3.6.2. This performance outcome shall be measured upon completion of work each day. Any deviation from the performance standard due to unforeseen conditions must be approved by the FWC Project Manager.

3.6.3. Work will be suspended during unsafe weather conditions. It is the Contractor’s responsibility to determine what conditions are safe for their equipment and crew. The Contractor will notify the FWC Project Manager if unsafe weather conditions prevent work.

3.7. VERIFICATION OF WORK

3.7.1. A GPS will be used to determine the linear feet of work completed for the purposes of payment.

The FWC Project Manager will measure the completed work and discuss with the Contractor.

Once agreement is reached on the amount of work completed, the parties will sign a fenced enclosure report form (Figure 1) indicating the agreed upon total.

3.8. WORK AREA

3.8.1. The fence locations will be within the St. Johns River and associated lakes between Jacksonville and Melbourne in the following counties: Duval, Clay, St. Johns, Putnam, Flagler, Marion, Lake, Volusia, Seminole, and Brevard. While project sites will typically be within 5 miles of a boat ramp, some sites may be up to 10 miles from the nearest access point.

3.8.2. While this SOW covers the St. Johns River and associated lakes as defined above, approximately 90% of work occurring under this bid is expected to be performed in Lake George.

3.9. SITE CONDITIONS

3.9.1. Work areas will be on firm sand in three and a half (3.5) feet of water or less.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 16 of 66

3.9.2. On the larger lakes, inclement weather may cause hazardous conditions, including large waves or flooding.

3.10. SAFETY

3.10.1. The presence of any hazardous materials shall be brought to the attention of the FWC Project Manager immediately.

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

3.11. REMAINING MATERIAL

3.11.1. Any material purchased by the Contractor and billed to the FWC will become the property of the FWC. Any remaining material (T-posts, PVC pipe, fence or cable ties) will be returned to the FWC Project Manager at the conclusion of that project.

3.12. PAYMENT

3.12.1. Payment will be based on liner feet of fencing installed, refenced or removed multiplied by the applicable bid price for the activity. Partial invoices may be submitted every two weeks during active construction. For the purposes of payment, the bid price for the activity will be divided by 1,300 to determine the price per liner foot. The linear feet of work completed will be multiplied by the price per linear foot calculated above to determine payment amount. Any previous payments made will be deducted from the total to determine the partial payment amount.

Material that must be ordered in advance may be invoiced once received but MUST be delivered to, and stored at, an FWC facility.

3.13. FINANCIAL CONSEQUENCES

3.13.1. For any day that the minimum of 1,300 linear feet of fencing is not installed, refenced or removed, $100.00 (one hundred dollars) will be deducted from the total amount owed to the Contractor.

The FWC Project Manager will waive the financial consequences amount if the delay is due to circumstances beyond the Contractor's control.

4. GENERAL SPECIFICATIONS

4.1. If the Contractor does not meet bid specifications or the Contractor no longer agrees to fulfill any further Purchase Order Contracts, the Commission reserves the right to award all future work to the next lowest bidder or reissue a bid request.

4.2. Failure to comply with any or all of these contract specifications may result in the Contractor’s immediate termination and final payment shall be only for work completed and approved by the FWC Project Manager.

4.3. The Commission will conduct inspections of all fenced enclosures on an unscheduled basis.

4.4. The Contractor shall not discharge or permit discharge into the waters, streams, lakes, rivers, canals, ditches, or reservoirs any fuels, oils, bitumen, chemicals, pollutants, or other harmful

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 17 of 66 materials. The Contractor shall investigate and comply with all Federal, State, County, and Municipal laws concerning pollution of rivers and streams. If any Contractor-generated waste material is dumped or spilled, the Contractor shall remove the material and restore the area to its original condition prior to being disturbed.

4.5. The Contractor, Contractor’s employees, agents, or subcontractors shall not allow or cause to be allowed any weapons, animals, alcohol, drugs, illegal substances, or unauthorized personnel to be taken on to or used on any of the property subject to this contract including but not limited to easement property, work sites, or adjacent state property. The Contractor shall always enforce strict discipline and good order among employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned.

4.6. The Contractor shall provide and maintain sufficient protection for the lives and health of employees and other persons, preventing of damage to property, materials, and equipment. To this end, the Contractor shall comply with all applicable state, federal, and local governmental safety laws, rules, regulations, and codes.

4.7. The Contractor, or their employees, shall not intentionally harm any wildlife.

4.8. The Contractor assumes full legal and financial responsibility for violations resulting from the activities of their employees.

Table 1. Fencing Materials to be Supplied and Installed by the Contractor Fencing Materials to be Supplied and

Installed by the Contractor Material Minimum Specification Minimum Performance Minimum Number per

1,300 Linear Feet

T-post Steel fence post with a minimum length of 6.5 feet and weight of 1.25 lb.

per foot

Installed a minimum of

2.5 feet into the lake bottom and spaced 6.5 feet apart

PVC Pipe White, 1.5-inch diameter, Schedule 160 (thin wall)

Installed over each T- post, alternating 10-foot and 5-foot pieces of PVC every other T-post

200 pipes total (100 10-foot and 100

5- foot)

Reflective Tape 6-inch wide yellow micro-prismatic adhesive reflective tape

6-inch piece installed at the top of each 10-foot PVC pipe

Fencing 316L stainless steel 16-gauge, 1.5 inch x 1.5 inch mesh, 60 inches (5 feet) tall.

Critterfence Item #:

680332611213 or equal.

Installed to PVC pipe standing upright and pushed a minimum of ½-inch into bottom sediment

1,300

Cable Tie Black plastic, 11.8 inches in length, 120-pound minimum tensile strength, UV light protected

Installed using a minimum of 7 zip ties per PVC pipe.

Ties shall secure fencing to PVC along the top and bottom as well as spaced evenly in between.

1,400

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 18 of 66

FIGURE 1

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FIGURE 2

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PRICE SHEET

FWC 25/26-67

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

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

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

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

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

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

CLAUSE).

SERVICE 1. FENCE CONSTRUCTION

A. Price per 1,300 linear feet of materials (wire, ties, t-posts & PVC) = $____________________________

B. Labor to install 1,300 linear feet of fence = $ __________________________ -

TOTAL Service 1 Cost (Materials + Labor; A+B) = $ __________________________

SERVICE 2. REFENCING

A. Price per 1,300 linear feet of materials (wire & ties) = $ ___________________________

B. Labor to remove and dispose of 1,300 linear feet of old fence = $ ___________________________

C. Labor to install 1,300 linear feet of new fence = $____________________________

TOTAL Service 2 Cost (Materials + Labor; A+B+C) = $ __________________________

SERVICE 3. FENCE REMOVAL

Labor to remove and dispose of 1,300 linear feet of materials = $ ___________________________

TOTAL Service 3 Cost = $ __________________________

TOTAL BID PRICE = $ __________________________

(Sum of Services 1, 2, and 3 Total Costs)

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

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

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

Contractor: ___________________________

Address: _____________________________

Signed: _______________________________

Print Name: __________________________

Title: ________________________________

Fax: _________________________________

City/State/Zip: ________________________

Telephone: ___________________________

REFERENCES

A minimum of three (3) separate and verifiable references, from persons or firms for whom the bidder has performed similar jobs as per the bid specifications shall be supplied with the bid. The same client may not be listed for more than one (1) reference, and no more than one (1) of the submitted references shall be related to a past project where staff necessary for the current project were unaffiliated with the bidder and/or employed by a different company. If providing an unaffiliated reference, enter the information in Reference 4 - Collective Experience. 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. FWC staff will attempt to contact each selected reference by phone up to three (3) times. 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.

REFERENCE #1

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

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REFERENCE #2

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-67, Page 23 of 66

REFERENCE #3

Name: __________________________________________________________________________________________

Address:…

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