ITB FFS 24 25 76 VIP.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

INVITATION TO BID (ITB) No: ITB FFS 24 25 76

TITLE: FLORIDA FOREST SERVICE

WASHINGTON CROSSING SEAWALL

Michelle O. Faircloth, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 24 25 76

SECTION 1.0 INTRODUCTORY SECTION

1.1. STATEMENT OF PURPOSE

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for construction of the Washington Crossing seawall located at 5583-A Longleaf Road, Ebro, Florida 32347, according to the terms and conditions set forth herein. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Construction Project Agreement between the Department and Contractor are conducted pursuant and subject to Chapters 255, and 287, Florida Statutes (F.S.), and Rule 60D-5, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Bidders interested in submitting a bid must comply with all terms and conditions described in this solicitation.

It is the intent of the Department to make a single award, or no award, as determined to be in the best interest of the state.

1.2. TIMELINE

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda. It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline.

EVENT DATE/TIME LOCATION

Release of ITB 10/03/2024 ET Vendor Information Portal

Mandatory Site Visit

10/14/2024

10:00 CT

5583-A Longleaf Road, Ebro Florida 32437

Last day for written Inquiries to be received by the Department

10/16/2024

5:00 ET

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

Anticipated Posting of Written Responses to

Bidders Inquiries 10/18/2024 Vendor Information Portal

Sealed Bids Due 10/29/2024

5:00 PM ET

Florida Department of Agriculture and Consumer Services

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

10/30/2024

11:00 ET

Teleconference Number: (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award 11/05/2024 ET Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with Rule 28-102.001, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids

1.3. PUBLIC OPENING

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, then # and follow prompts.

1.4. MANDATORY REQUIREMENTS

The FDACS has established certain requirements with respect to bids to be submitted by bidders. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB requirements, provides an advantage to one bidder over other bidder, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.5. SPECIAL ACCOMMODATIONS

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.6. CONFLICTS AND ORDER(S) OF PRECEDENCE

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Construction Contract,

2) Addenda, in reverse order of issuance,

3) ITB, including attachments.

1.7. MANDATORY PRE-BID CONFERENCE

A mandatory pre bid conference for any prospective bidders will be held on October 14, 2024, at 5583-A Longleaf Road, Ebro Florida 32437 at 10:00 AM Central Time. Bidders must have the Certification of Site Visitation form (ATTACHMENT A) signed at this time. Any bid received from a prospective bidder who did not attend the mandatory pre-bid conference will not be considered. The purpose of this conference will be to clarify the contents of this bid in order to prevent misunderstanding of the Department’s terms, conditions and specifications for this project. The conference will consist of a session wherein each page of the bid (including technical specifications) will be discussed. General questions related to the specifications and plans for this project will be answered. Any material changes to the bid terms, conditions, plans or specifications must be stated in writing in the form of an addenda issued through the Department’s purchasing office (see section titled “ADDENDA”).

https://www.ftri.org/relay

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. SPECIFICATIONS

Contractor awarded the bid (Contractor or Awarded Contractor) shall furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required to complete the project in accordance with the specifications listed herein:

• WASHINGTON CROSSING SEAWALL PERMIT DRAWINGS (EXHIBIT I)

https://ccmedia.fdacs.gov/content/download/117183/file/seawall-repair-exhibit-1.pdf

This project entails the construction of a 510-foot seawall along Pine Log Creek. The scope of work includes the removal of vegetation, site preparation, and the construction of the seawall according to the specifications detailed in the attached engineered plans (EXHIBIT I). The Florida Forest Service will be responsible for removing the piled vegetative debris at a location mutually agreed upon by the contractor and the contract manager.

Contractor shall obtain all necessary permits including any other drawings, design, or engineering which may be needed for those permits, for a complete project.

2.2. LICENSING

Bidder must submit with their bid response proof of possessing, at a minimum, Registered Contractor, Certified Building Contractor, General Contractor or Underground Utility and Excavation Contractor license pursuant to Chapter 489, Part I, F.S., or any other law, rule, or regulation, applicable to this type of work. Failure to provide the required proof of qualification may result in rejection of bid.

2.3. PERMITS

The contractor is responsible for obtaining and paying for any and all permitting required, including any other drawings, design or engineering which may be needed for those permits, to fully complete this project. Upon completion of the work, the contractor shall deliver to the FFS contract manager a certificate of inspection and approval from the local inspection authority, if required. All fees shall be included in the Bid price.

2.4. CONTRACT/CONSTRUCTION PERIOD

Whenever the word “day” is used in the contract documents, it shall mean a calendar day, unless otherwise specifically provided. The date of commencement of the work is the date established in a written contract.

Substantial Completion Deadline is May June 30, 2025.

Final Completion Deadline is August 16, 2025.

The time for completion of the work includes, without limitation, completion of all punch list items, obtaining any required permits not obtained by the Department, and other governmental and quasi-governmental approvals, acquiring bonds and interim and final inspections. Final invoices must be received no later than Friday, August 29, 2025.

TIME IS OF THE ESSENCE WITH RESPECT TO THE TIME OF COMPLETION OF THE

WORK.

https://ccmedia.fdacs.gov/content/download/117183/file/seawall-repair-exhibit-1.pdf

2.5. CONTRACT / PROJECT MANAGER

The Contractor will coordinate and schedule all work with the Department’s contract manager, name Michael Klassen (850) 573-2292.

2.6. PRODUCTS FOR APPLICATION AND INSTALLATION

The Contractor shall not change the approved products at any time during the performance of the awarded contract, without prior written approval from the Department’s contract manager and architect/engineer firm. Liquidated damages in the “per day” amount set forth in Section 5 hereof shall begin upon the Department’s notice of use of improper products and continue until the Contractor remediates and substitutes the improper product with an authorized product, all at the expense of the contractor. The Department and Architect/Engineer reserve the right to reject any and all substitution requests.

SECTION 3.0 BIDDER QUALIFICATIONS

3.1. PERFORMANCE QUALIFICATIONS

The Department reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Contractor meet the Contract requirements. Contractor shall at all times during the Contract term remain responsive and responsible. In determining Contractor ’s responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Contractor ’s capability to fully satisfy the requirements of the solicitation and the contract.

Contractor must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Contractor for the production, distribution, and servicing of the product bid. If the Department determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the response or terminate the Contract. Contractor may be disqualified from receiving awards if Contractor, or anyone in Contractor’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, Contractor is not relieved from fulfilling all Contract requirements.

3.2. CONTRACTOR EXPERIENCE QUESTIONNAIRE AND FINANCIAL INFORMATION

Contractors must submit a completed CONTRACTOR EXPERIENCE QUESTIONNAIRE AND FINANCIAL INFORMATION (ATTACHMENT B) with their bid response. Failure to complete and submit ATTACHMENT B may result in disqualification of the Contractor’s bid.

3.3. CLARIFICATIONS / REVISIONS

Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all bidders deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

3.4. DISCRIMINATION

An entity or affiliate, who has been placed on the discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not award or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact any business with any public entity.

3.5. CONFLICT OF INTEREST

This solicitation is subject to Chapter 112, F.S. Contractors shall disclose with their response the name of any officer, director, employee, or other agent who is also an employee of the State.

Contractors shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or its affiliates.

SECTION 4.0 INVITATION TO BID PROCESS

4.1. ADVERTISEMENT

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

4.2. BIDDER INQUIRIES

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact for official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

Michelle O. Faircloth, Chief of General Services Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

4.3. ADDENDA

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids) as a written addendum. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

4.4. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal.

Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

72141200 Marine construction services 72141213 Waterway construction services 95121621 Seawall

4.5. VENDOR SUBSTITUTE W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Contractor must have a valid W-9 on file with the DFS prior to issuance of a purchase order or contract. This may be completed by the bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

4.6. COST OF BID PREPARATION

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

4.7. INSTRUCTIONS FOR BID SUBMITTAL

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight, or hand delivered to:

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

2) Electronic (email/fax) submission of bids will NOT be accepted for the ITB.

3) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

4) It is the vendor’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

5) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, bidders are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed as stipulated in the Timeline. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

4.8. BIDDER ACKNOWLEDGEMENT

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must sign and complete the ACKNOWLEDGEMENT FORM – ATTACHMENT C, and include with their Bid response. Failure to complete and submit ATTACHMENT C will result in disqualification of the Contractor’s bid.

4.9. BID PRICE SHEET

Bidder shall provide total price as specified for the entire scope of work as in section 2.1 Specifications (BID PRICE SHEET- ATTACHMENT D), including all costs of materials, equipment, all necessary labor, transportation, and any other costs associated with this project on the Bid Price Sheet. The Department will not accept any costs for travel, lodging, or other costs not included in the bid price.

Bidders must sign and complete the BID PRICE SHEET – ATTACHMENT D and include with their Bid response. Failure to complete and submit ATTACHMENT D will result in disqualification of the Contractor’s bid.

4.10. REFERENCES/PAST PERFORMANCE (ATTACHMENT E)

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the Bidder.

Contractor shall provide a contact list of contractors’ three (3) most recent completed projects similar in project size and scope as the work, completed within the last five (5) years. All references must be verified. It is the responsibility of the contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. If the reference does not return the Department’s phone call or email within seventy-two

(72) hours (exclusive of weekends and state holidays) of the time of the Department’s phone call or email, the reference will be deemed unverified. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory contractor work performance or workmanship may result in disqualification of the bid.

References must be current or former clients of the responding firm. The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for bidders’ references (REFERENCES/PAST PERFORMANCE form). Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the bidder’s ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of that bid.

4.11. LISTING OF SUBCONTRACTORS (ATTACHMENT F)

In order that the Department may be assured that only qualified and competent subcontractors will be employed on the project, the contractor shall submit to the Department a list of subcontractors who will perform work. The contractor shall have determined, to his own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations or renovations comparable to that which is required by these specifications and is qualified both technically and financially to perform the phase of this work for which he is listed.

Proof of any licenses or certifications required of subcontractors should be submitted with the list of subcontractors by the contractor. Any subcontractor(s) not listed and approved in the award of this bid will not be allowed to proceed with any work related to this project. Any subcontractor(s) proposed after the start of this project must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval. The “List of Subcontractors” form must be completed and included in each bid package, if applicable.

4.12. BID BOND GUARANTEE

If the price (base bid including any alternatives) is $100,000 or greater than, the bid response shall be accompanied by a bid bond guarantee payable to the Department in the amount of five percent (5%) of the price. The form of the bid bond guarantee can be written by a surety company authorized to do business in the state of Florida and signed by a Florida licensed agent. Bid bond guarantees of unsuccessful contractors shall be returned following completion of the award posting period. The successful contractor's bid bond guarantee shall be returned when the required performance bond is provided to the Department. If the successful contractor fails to provide the required performance bond as specified, the bid bond guarantee shall be forfeited to the Department.

Failure to submit the Bid Bond Guarantee will result in disqualification of the Contractor’s bid.

4.13. PERFORMANCE BOND REQUIREMENTS

If the contract amount resulting from this Invitation to Bid (ITB) is greater than $100,000, the contractor shall furnish the Department with a performance bond and a 100% Labor and Material Payment Bond, in the amount of one hundred percent (100%) in accordance with Article 2 of the APPENDIX I – CONSTRUCTION PROJECT AGREEMENT BETWEEN

OWNER AND CONTRACTOR.

The cost of the performance bond shall be borne by the contractor. The bond shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person executing the bond on behalf of the surety company is a licensed Florida agent for the bonding company. In the usual case, the conferring of that authority has occurred prior to the date of the bond and the document showing the date of appointment and enumeration of powers of the person executing the bond is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification shall be dated the same as the bond. In the event that the contract amount is increased as a result of a written change order executed by the Department, then the contractor agrees to increase the amount of the performance bond at contractor’s sole expense by the amount of such increase reflected in the change order. Failure to comply with all provisions of this agreement can result in a forfeiture of this performance bond. Failure to furnish the required performance bond, or to execute the construction contract associated with this ITB in a timely manner, shall result in the forfeiture of the bid guarantee to the Department.

4.14. PUBLIC RECORDS

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, F.S.

4.15. DISCLOSURE OF BID SUBMITTAL CONTENTS

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

4.16. BID OPENING

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

4.17. BID EVALUATION

Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation.

Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

4.18. BASIS OF AWARD

THE BASIS OF AWARD SHALL BE THE RESPONSIVE AND RESPONSIBLE CONTRACTOR

WHO BIDS THE LOWEST TOTAL PRICE.

An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state. In event the bidder with the lowest Bid is found non-responsive or the awarded purchase order/contract is terminated prior to completion, the Department may proceed to the next responsive bidder with the lowest Total Price and continue the award process.

As the best interest of the state may require, the Department reserves the right to reject any and all bids or waive any minor irregularity or technicality in bids received. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive.

Any further clarification, if necessary, will be by written addendum. All other provisions of the award’s paragraph, General Conditions, shall prevail. The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

4.19. BID RULES FOR WITHDRAWAL

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

4.20. VERBAL INSTRUCTION PROCEDURE/DISCUSSIONS

The bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a bidder are recognized as duly authorized expressions on behalf of the bidder. Any discussion by a bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said bidder’s response.

4.21. NO PRIOR INVOLVEMENT AND CONFLICT OF INTEREST

Section 287.057(19)(c), F.S., provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

4.22. SCRUTINIZED COMPANIES

Pursuant to Section 287.135, F.S., a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bid submission, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, F.S., requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in the Iran Terrorism Sectors, created pursuant to Section 215.473, F.S.; or 3) engaging in business operations in Cuba or Syria.

For a bidder’s bid to be considered responsive, (ATTACHMENT G) Certification Regarding Scrutinized Companies, must be completed and included in its bid package. The Scrutinized Companies list may be found at https://www.sbafla.com/reporting/.

4.23. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR EXPENDITURE OF FEDERAL FUNDS TIE BIDS

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, (ATTACHMENT H), Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required\ for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

4.24. IDENTICAL TIE BIDS

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.087 and 295.187(4), F.S.

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), F.S., if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

https://www.sbafla.com/reporting/

2) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders may provide Certification of Drug-Free Workplace Program Form (ATTACHMENT I) that it has implemented a drug-free workplace program. Bidders must provide this certification in their bid response to receive this preference.

3) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), F.S., a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), F.S., shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

4.25. DISQUALIFICATION OF BIDDERS

More than one bid from an individual, firm, partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder’s offer will be deemed a material irregularity and will be grounds for rejection.

4.26. REJECTION OF BIDS

The Department reserves the right to reject any and all bids when such rejection is in the interest of the state of Florida and to reject the bid of a bidder who the Department determines is not in a position to perform the contract.

4.27. PROTEST PROCEDURES

Any person, who is adversely affected by the agency's decision or intended decision, shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. Protests must be filed with and addressed to:

Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals or replies, awarding contracts, reserving rights or further negotiation or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation.

The Formal Written Protest shall state with particularity the facts and law upon which the protest is filed and the filing must comply with the applicable filing rules.

Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, F.S.

SECTION 5.0 SPECIAL CONDITIONS

5.1. CONTRACT TERMS AND CONDITIONS

The construction, interpretation, and performance of this contract, and all transactions under it, shall be governed by the laws of the state of Florida. The contract documents shall include all terms and conditions of the bid specifications, any addenda, and the APPENDIX I – CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONTRACTOR which will be executed by the Department and the awarded bidder.

5.2. AFFIDAVIT FOR NONGOVERNMENTAL ENTITY

If awarded a contract, the following applies. Pursuant to section 787.06(13), F.S., when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, as defined in section 287.138(1), F.S., an officer or a representative of the nongovernmental entity must attest under penalty of perjury that the nongovernmental entity does not use coercion for labor or services as defined in section 787.06, F.S. An example Affidavit is available at https://forms.fdacs.gov/01364.pdf

5.3. CODES AND INSPECTIONS

The contractor is required to comply with all federal, state and local laws; ordinances; rules;

regulations and codes that in any manner affect the work. Ignorance on the part of the contractor will in no way relieve him from this responsibility. All inspections required to ensure compliance with required codes are the responsibility of the contractor and must be accepted by the contract manager.

5.4. PROHIBITION OF ASBESTOS

No material containing asbestos shall be used. Certification from the contractor that no such material was used in the project will be required before acceptance of the project by the Department. Contractor shall also forward a copy of this certification to the contract manager.

5.5. TAXES

Although FDACS is not subject to the Florida sales and use tax, any contractor who purchases materials and services, which will be used in the construction of state-owned/operated buildings, will not be exempt from the tax on these materials and services as evidenced by Florida Statutes.

5.6. TIME DELAYS

If the contractor is delayed at any time in the progress of the work by changes ordered in the work, by labor disputes, fire, unusual delay in transportation, adverse weather conditions not https://forms.fdacs.gov/01364.pdf reasonably anticipated, unavoidable casualties or other causes; the Contractor may submit a written request for additional time to complete the work, with supporting documentation. If FDACS determines that the circumstances warrant an extension of time for completion of the contract, the time will be granted for completion by a change order (Attached APPENDIX I –

CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONTRACTOR -

EXHIBIT I: CHANGE ORDER REQUEST) for such reasonable time as FDACS may determine.

Oral requests for extensions will not be considered.

5.7. CHANGES TO CONTRACT

The contractor's performance of work necessary to complete the project is specified herein.

Should conditions alter the nature and extent of the work specified in the bidding and contract documents cause greater or less cost and/ or time to perform the work specified, an adjustment shall be made by means of a written change order to the contract cost and/or time. It is in the best interest of the state that the contractor performs changes in the work and that bidding is not required if:

1) Contractor's performance and capability remain satisfactory at time of proposed change order.

2) The change is within the general scope of the contract, and the contract contains a method of calculating overhead and profit caused by change orders.

3) The change will reduce either the scope or size of the project or the contract amount.

4) The change is an integral part of the project and is necessary to correct an unanticipated condition, which is necessary to permit the construction to continue and the contractor will agree to a reasonable negotiated increase in the contract price. The Department will make a determination of the best interest of the state based on these criteria for each proposed change in work.

5.8. WORK SCHEDULE

After the construction contract is awarded, the contractor shall submit a proposed work schedule to the contract manager at the time of the pre-construction meeting. The schedule shall be in the form of a work schedule or a detailed report showing the following information:

5.8.1. For each area of work

1) work dates

2) work shift time

3) number of employees on site

4) dates of start and completion per area of work

5.8.2. Any items of work that will delay the start or completion of the entire project.

5.8.3. Project completion and final inspection. The schedule shall be dated and signed by the contractor.

5.8.4. Supervision

After the construction contract is awarded, the contractor shall personally superintend all work at the site and provide full-time supervision for all employees, subcontractors, and other agents on the project. The contractor shall assign and name a full-time supervisory employee to (i) provide scheduling direction to the entire project; (ii) maintain on-site records; (iii) be responsible for the layout and dimensional control of the structures of the project; and (iv) ensure compliance with all contract documents, including with respect to drawings, specifications, quality control, health, safety, and environment. At no time will any work be permitted by contractor at the site without the supervisory employee monitoring the work in progress. All supervisory employees (including field superintendents, foreman, and schedulers at all levels) must be familiar with the materials and systems specified in the contract documents and must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years. After the construction contract is awarded, the contractor shall include a resume of experience for each of those proposed supervisory employees.

5.8.5. Schedule of Values

After the construction contract is awarded, the contractor shall submit a schedule of values to the project manager at the time of the pre-construction meeting. The schedule shall breakdown all the main areas of construction and total the contract price.

5.9. WORKMANSHIP

All work is to be accomplished by skilled craftsmen complimenting the trade involved. All material used is to be installed in strict accordance with the manufacturer’s specifications. Improper installation or poor workmanship will not be accepted.

5.10. CLEAN-UP

Upon completion of the work, the contractor shall remove all trash and debris from the site and shall leave the premises clean and in a finished condition acceptable to the Department. All equipment removed during the course of the project must be disposed of by the contractor.

Departmental dumpsters are not to be used for the disposal of any products in relation to the completion of this project. All debris shall be hauled away and destroyed in an appropriate manner. No hauling fee(s), tipping fee(s), trash fee(s), hazardous waste fee(s) or other related garbage fee(s) shall be charged to the Department.

5.11. RESOURCE PROTECTION

The Contractor shall perform the work in a safe and careful manner and will furnish and use such safety devices, methods, and measures as are required to protect Contractor and employees thereof, department personnel, and the general public against bodily injury and/or damage to property.

5.11.1. Protection of Wetlands

Contractor shall use every precaution necessary to prevent pollution of wetlands and ditches, by fuel, oils, other chemicals, silt, or other harmful materials. All wetlands and ditches will be kept free of Contractor- generated debris.

5.11.2. Protection of Archaeological/Historical Resources

The Contractor, upon the discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such material and immediately notify the project manager.

5.11.3. Best Management Practices

Contractor shall adhere to and implement all applicable best management practices for silvicultural operations as outlined in the current Silviculture Best Management Practices Manual.

5.12. COMPLIANCE WITH LAWS

The contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state and local agencies having jurisdiction and authority. By way of further non-exhaustive example, the contractor shall comply with section 247A of the Immigration and Nationalization Act, the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status or veteran’s status. Violation of such laws shall be grounds for termination.

5.13. INSURANCE REQUIREMENTS

The contractor shall not commence any work in connection with the project until he has obtained all of the following types of insurance and such insurance has been approved by the Department, nor shall the contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida through an authorized licensed Florida Agent.

5.13.1. CONTRACTUAL LIABILITY-WORK CONTRACTS

The Contractor’s liability policy shall include contractual liability coverage designed to protect the Contractor from contractual liabilities assumed by the Contractor in the performance of this contract.

5.13.2. CERTIFICATE OF INSURANCE

Pursuant to Article 11 of the APPENDIX I – CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONTRACTOR, the contractor shall furnish proof of insurance coverage within ten (10) calendar days after notification of award and prior to starting the contract.

The contractor shall furnish a Certificate of Insurance for all insurance required by this contract and shall include the state of Florida, Florida Department of Agriculture and Consumer Services, as additional insured. This form(s) shall be completed and signed by the authorized Licensed Florida Agent and returned to the contract manger: Michael Klassen, 9040 Highway 77 Southport, FL 32409.

1) Name of the insured contractor, specific job by name, name of the insurer, number of the policy, its effective date, and its termination date.

2) Statement that the insured will mail notice to the Department, at least thirty (30) calendar days, prior to any material changes in provisions or cancellation of the policy.

5.13.3. INSURANCE, LOSS DEDUCTIBLE CLAUSE

The state of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance.

5.13.4. INSURANCE, INDEPENDENT/SUBCONTRACTOR'S COMMERCIAL GENERAL

LIABILITY

The contractor shall require each of his independent or subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of his independents/subcontractors in his policy, as specified above, including a separate Owners, Contractors Protective Liability Policy.

5.14. INDEPENDENT CAPACITY OF CONTRACTOR

The contractor, its officers, agents, and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

5.15. PUBLIC ENTITY CRIMES

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for category two, for a period of 36 months from the date of being placed on the convicted vendor list.

5.16. DISCRIMINATION STATEMENT

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

5.17. ANTITRUST STATEMENT

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly…