3-EXHIBIT A - Scope of Services.pdf

DOT-RFP-23-4006-SC

EXHIBIT A – SCOPE OF SERVICES

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State of Florida

Department of Transportation

EXHIBIT A - SCOPE OF SERVICES

FOR

DISTRICT WIDE MITIGATION, WILDLIFE AND ENVIRONMENTAL

SUPPORT SERVICES FOR

FLORIDA DEPARTMENT OF TRANSPORTATION,

DISTRICT FOUR OFFICE

FINANCIAL PROJECT NUMBER: 441273-2-22-01 & VARIOUS

http://www.fdot.gov/

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1.0 DESCRIPTION

The Florida Department of Transportation (henceforth referred to as the Department or FDOT), District IV Planning and Environmental Management Office (henceforth referred to as PLEMO), desires Vendor services on an as needed basis to perform District wide tasks related to environmental activities necessary to satisfy National Environmental Policy Act (NEPA) and/or State Environmental Impact Report (SEIR) and environmental resource permitting concerns. The Department is committed to conducting the mitigation required by federal and state regulatory agency permits and regulations to offset unavoidable environmental impacts resulting from the Department’s Road and bridge projects.

2.0 OBJECTIVE

These activities may include but are not limited to wetland mitigation site development, wetland mitigation construction, wetland site monitoring and maintenance, and environmental impact reviews for projects identified in the Work Program, assist with the permitting of mitigation sites; relocation of endangered and rare flora and fauna;

seagrass/benthic surveys and other natural resource activities as determined necessary by the Department. The Vendor is expected to maintain a team with a thorough understanding of the NEPA regulations and processes as they relate to transportation improvement projects, including NEPA Delegation/Assignment and State Wide Environmental Project Tracker (SWEPT) database usage; assist the District 4 Drainage Office in obtaining permits, be proficient in the biological and natural sciences;

knowledgeable of South Florida ecology; and able to present innovative approaches to avoiding, minimizing, and mitigating against any proposed project impacts to wetlands, listed species, and/or critical habitat.

Counties in District Four include: Broward, Palm Beach, Martin, St. Lucie, and Indian River.

May include work on the Miami-Dade Rail Corridor. May include transport of Gopher Tortoises out of the District.

3.0 VENDOR SERVICES

The Vendor shall provide the following environmental services contained herein, as required by the Department. These environmental services may be required to be performed during any phase of a project. This includes, but is not limited to, Project Development & Environment (PD&E) pre-work, PD&E, Design, Construction and Maintenance. Specific procedural guidance will be provided by the Department upon assignment of each task. All services must conform to any current federal, state, and local laws, procedures, standards, and guidelines. Any data collected for the purposes of including in a Department Geographic Information System (GIS) database shall be in accordance with the Department’s Geocoding requirements. Local is defined as travel and work within Broward, Palm Beach, Martin, Indian River Counties, and including Miami- Dade Rail Corridor.

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1. Wetland Mitigation Services

The Vendor will be responsible for addressing the Department’s wetland or upland mitigation needs, as well as mitigation efforts which may be required for listed species and critical habitat, Essential Fish Habitat (EFH), or other mitigation actions as required by permit or by environmental regulations. This task may include wetlands impacts analysis by habitat type and impact amount, hydrology analysis, functional assessments, analysis of avoidance and minimization alternatives, assessment of suitable alternative wetland mitigation sites, permitting and coordination with regulatory agencies. This may also entail investigation of mitigation banks, local and regional restoration opportunities and government programs which have appropriate credits available for use by the Department. A written report detailing mitigation alternatives and recommended action may be required. Investigation of potential alternative mitigation sites may be needed.

The Department shall be afforded the opportunity to have a representative at all meetings and/or field reviews, as well as public meetings, between the Vendor and construction personnel, permitting agencies or general public and shall review and be copied on all correspondence between the Vendor and the permitting agencies. The Vendor will report directly to the Department’s Contract Manager.

The Department occasionally enters into Agreements to do mitigation work on local or county government’s property. The Vendor may be required to add the governmental entity as an additional insured to its general liability insurance policy to indemnify the landowner of the mitigation site. Additionally, the local government may require a Certification of Insurance for other required insurances including but are not limited to auto, worker’s comp, and general liability.

a) Wetland Mitigation Site Concepts

The Vendor shall develop innovative wetland mitigation site concepts that include a diverse palette of native plant species, elevations, hydrology, location, etc.

Mitigation site concepts shall be in a format acceptable to the Department and regulatory agencies. The concept plans will include earthwork requirements and access requirements relating to construction activities. The plans shall be accurate, legible, complete in design, and drawn to scales acceptable to the Department and regulatory agencies.

b) Hydrological Studies The Vendor will, as directed, be required to conduct hydrological studies to determine the effectiveness or suitability of a mitigation site concept as to site elevations or hydrological exchange or connectivity.

c) Wetland Mitigation Permitting The Vendor will insure all Federal, State and Local (as necessary) permits are acquired and that conditions and/or commitments are met. This includes but are not limited to Water Management District (WMD) permit, Environmental Resource Permit (ERP), Right of Way (ROW) permit, Submerged Lands, and U.S. Army Corps of Engineers (USACE) permit. The Vendor will prepare permit applications and conduct activities including any data collection needs and address any questions or

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concerns raised by the permitting agencies and supporting agencies (U.S. Fish and Wildlife Service/USFWS, National Marine Fisheries Service/NMFS, etc.). Permits are expected to be issued after no more than 2 Request for Additional Information (RAI) from the permitting agency. Any work required after 2 RAIs is at the Vendors expense. The Vendor will coordinate with the Department’s Contract Manager as well as the Department’s Permit Coordinator. Work may include modifying the Department’s existing permits.

2. Wetland Mitigation Site Construction

The Vendor will prepare mitigation site construction concepts for mitigation efforts, including but are not limited to wetlands, tidal mangroves, and upland habitats. Services may include, but are not limited to, hydrology investigation, submerged lands and interagency coordination.

The Vendor will be responsible for mobilization and construction of all mitigation efforts, including all earthworks; removal of debris; temporary roads and bridges as needed;

installation of plant material; plant watering; maintenance of traffic; and other restoration activities as directed by the Department.

3. Wetland Mitigation Site Monitoring

The Vendor will monitor the Department’s mitigation sites and prepare reports in accordance with the specific conditions of the environmental permits and in the format specified and/or approved by the Department’s Contract Manager. The Vendor is responsible for ensuring that all Department wetland mitigation sites are in compliance with the conditions of the state and federal permits issued for each site. In the event the sites are found to be out of compliance, it is the Vendor’s responsibility to bring the site into compliance at no cost to the Department. Monitoring duties may include, but may not be limited to the following:

a) Within the first 30 days of Notice to Proceed (NTP), the Vendor and Department

Contract Manager will conduct initial wetland mitigation site inspections to determine the level of compliance of each site. Initial maintenance of the sites will be determined at these inspections. The results of the inspections will be used to determine the baseline for the performance measures.

b) The Vendor will be responsible for taking field measurements, establishing permanent monitoring stations, establishing permanent photograph stations, water level gauges, notes on general habitat usage and wildlife observations and collection of any other field data required for the permit.

c) The Vendor will be responsible for compiling the field data, photographs, statistical data, and other supporting information into a written report. Monitoring reports should include a summary of progress towards and any potential impediments to achievement of success criteria as defined by applicable permits. This report shall be prepared in accordance with the specific permit conditions. A draft copy of the report will be submitted to the Department’s Project Manager for approval, prior to finalizing the report. In addition to electronic copies of the report, there will be two

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hardcopy reports required. If photographs are included, FDOT must receive good quality color copies and photos must be dated. It will be the Vendor’s responsibility to submit the approved report to the permitting agencies, while providing copies to the Department for its records.

d) The Vendor will monitor the mitigation sites providing statistical vegetation and wildlife sampling in accordance with the specific conditions of the site permit.

Regulatory permits will specify the monitoring schedule and parameters to be recorded during each monitoring event.

e) The Vendor may be required to monitor seagrass beds and artificial reefs at any time during the development, implementation, or post construction phase of a roadway project. Monitoring must be completed in accordance with any federal, state, and local requirements or methodologies related to permit requirements.

f) If wetland mitigation monitoring must be extended beyond the interval specified in the permits due to deficiencies in supplemental plantings installed under this contract, the additional monitoring reports shall be done at the Vendor's expense.

g) The Vendor shall inspect the wetland mitigation area for the presence or invasion of nuisance/exotic species. If they are observed, the Vendor will submit recommendations for control or eradication to the Department’s Project Manager.

4. Wetland Mitigation Site Maintenance

The Vendor shall be responsible for the maintenance of the Department’s wetland mitigation sites. Maintenance activities are required to ensure the wetland mitigation areas are in compliance with the environmental permits or environmental commitments.

These activities may include, but may not be limited to the following:

a) The Vendor shall selectively remove and/or treat invasive plant species within the project limits by such methods but are not limited to manual or mechanical removal and selective herbicide application.

b) All dead or decaying plants shall be removed from the project site unless otherwise approved by the Department’s Contract Manager. The Vendor shall remove, haul, and dispose of all removed invasive plant species to an approved location. Disposal shall be done in a Florida Department of Environmental Protection (FDEP) and/or FDOT approved manner that will not encourage re-infestation by the invasive species and comply with all applicable state and local codes.

i. Removal and appropriate disposal of non-hazardous solid waste.

ii. Herbicide application of nuisance or exotic species within a mitigation site. The Vendor shall be selective in herbicide application procedures (i.e. hand spraying, wiping) to control invasive plant species and assure survivability of planted species within project limits. Invasive species are defined as plants included on the FDEP’s List of Prohibited Aquatic Plants, the Exotic Pest Plant Council’s List of Florida’s Most Invasive Species (latest edition), and any other plant species

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that may adversely impact the natural growth of desirable plant species in the landscape areas as determined by the Project Manager. Herbicide application will be performed within the Department’s Right of Way by a Florida Department of Agriculture and Consumer Services (FDACS) licensed commercial applicator certified in Aquatic Pest Control application. All herbicide application must be supervised by a certified herbicide applicator. The Vendor shall, throughout the term of this contract, maintain at least one employee who possesses a valid Herbicide Application license. THE VENDOR MUST MAINTAIN AT LEAST

ONE CURRENT HERBICIDE APPLICATOR LICENSE THROUGHT THE

TERM OF THIS CONTRACT. Proof of license for any subsequent changes to herbicide personnel after contract execution will be required before work will be authorized.

iii. Herbicides must be approved by the Department’s Contract Manager. Any herbicide solutions used on this project shall comply with all applicable regulations in accordance with the current manufacturer’s label. The herbicides must contain a compatible indicator dye to provide visible evidence of work for all parties. All herbicides purchased, shipped, and stored for use under this contract shall display the original manufacturer’s label at all times. Shipping, storage and all other handling shall strictly comply with all applicable regulations and the current manufacturer’s label. No full, empty or partially empty containers shall be left on site after application hours and must be disposed in accordance with the manufacture recommendations. No herbicide application shall be carried out by uncertified personnel.

iv. Desirable native plant species shall be replaced in any area where the plants have been injured beyond recovery by the Vendor's maintenance activities, unless approved by the Department’s Contract Manager, prior to the removal of invasive species. The damaged plants shall be replaced with like-sized plants of the same species at the Vendor's expense.

v. The Vendor shall be responsible to maintain and repair any existing staking and guying material used in the planting areas, inclusive of removal of tags, guy wires, staking or other features from plantings subsequent to the establishment period. Materials must be disposed of off-site from present or previous planting projects, as determined by the Department’s Contract Manager.

vi. The Vendor shall be responsible for watering, controlling weeds and exotic species, mulching, and seeding, to enhance plant growth in a mitigation area during the establishment period or during maintenance of the assigned projects by the Project Manager.

vii. The Vendor shall develop and place signage to identify a site as a mitigation area which shall be approved by the Department’s Contract Manager.

viii. The Department’s Contract Manager must certify each site to be in compliance before payments are made.

ix. The Vendor shall be responsible for required Maintenance of Traffic and the

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erosion and sediment control plan to avoid and minimize water quality impacts.

x. The Vendor shall be responsible for removing any trash on the site and disposing of it off-site as determined by the Project Manager.

5. Wetland Mitigation Site Remediation

The Vendor shall analyze mitigation plans and/or sites, prepare planting schemes, and implement reconstruction, remedial maintenance and/or replanting for remediation of mitigation sites that do not meet permit requirements or are deficient by FDOT standards. The remediation plan(s) must comply with all federal, state, and local (if applicable) environmental permit requirements. Specific tasks necessary for the completion of the planting schemes and reconstruction of the mitigation may include, but are not limited to:

a) The Vendor shall conduct field review(s) at the mitigation site(s) to assess existing conditions.

b) The Vendor shall develop remediation plans that may include changes in plant species, elevations, hydrology, quantities, location, etc. The plans may also include earthwork requirements and access requirements relating to construction activities.

c) The Vendor shall propose the best method to complete the eradication of invasive plant species on any overgrown mitigation site.

d) The Vendor shall be responsible for required Maintenance of Traffic and the erosion and sediment control plan to avoid and minimize water quality impacts.

e) All coordination with the appropriate government agencies shall be completed as necessary and at the direction of the Department’s Contract Manager.

f) The Vendor or subcontractor designated to complete the required construction shall possess a working knowledge of FDOT specifications and requirements and have shown a record of successfully completed construction work of similar type and description.

g) Requests to sublet any portion of the work other than what was proposed in the original management/technical plan must be submitted to the Department’s Contract Manager and no work may be performed by a subcontractor without written authorization.

h) The Vendor shall make such reviews, attend such meetings and make such contacts as are necessary for proper coordination of plans and special provisions development.

i) The Vendor will prepare proposals to be reviewed and approved by Department

Contract Manager for construction activities and/or for the supplemental planting for the remediation plan.

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j) Coordinate and be responsible for all supervision, labor, materials, tools, and equipment needed to fulfill the requirements of the remediation plan(s).

k) The Vendor must be prepared to inspect final grades in the planting area(s) and direct minor adjustments if necessary to ensure planting success.

2) Native Plant Installation at Mitigation Sites

The Vendor shall provide the services of a planting contractor experienced in the installation of native upland and wetland plant species for mitigation or restoration sites.

The Vendor should be prepared to perform, but not be limited to, the following plant installation services:

Services to be billed as Hourly Rate (Exhibit C, Section 1. Direct Labor Classification) –

a) The Vendor shall select plant material based on desirable habitat type, community type, hydrology, soils, success history, provenance, and permitted guidelines. The best indicators of appropriate plant species may be native species that are already growing on or adjacent to the site. An exception would be if the site has been significantly altered from historic conditions. The Vendor should identify reference sites; communicate with local plant experts; review literature on local plant communities; and research historical records, aerials and satellite images. The Vendor must coordinate efforts with the Department and permitting agencies on final plant list.

b) The Vendor should seek plant material from within the region to preserve native plant population genetics. Reference the Institute for Regional Conservation (IRC) website (http://regionalconservation.org/) for regional guidelines. Identifying the correct ecotype is particularly important on sites adjacent to public lands or state lands with few introduced plants. First preference should be given to obtaining local native plant species from local plant materials.

c) Hydrology must dictate the Vendor’s plantings for wetlands. The Vendor will submit and receive approval from the Department and/or permitting agency(s) on a suitable reference wetland to use for plant selection and plans guidance.

d) The Vendor shall communicate with the project manager on plant sizes, unless specifically directed by the permitting agencies.

e) The Vendor shall avoid soil compaction. If the Vendor is unable to avoid soil compaction, the Vendor will identify ways to correct it through disking, grubbing, etc.

f) The first required Regulatory Agency Monitoring Report will be done after the 180-day establishment period. The establishment period will begin once the Department’s Contract Manager certifies that all plant material is acceptable and properly installed. The Vendor must ensure that the plants are maintained so that

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they are healthy, vigorous, and undamaged throughout the duration of the establishment period. Any plant material determined by the Department’s Contract Manager or designee, to not be in a healthy growing condition, will be replaced at no additional cost to the Department, within ten (10) days of notification by the Department’s Contract Manager. The warranty period will be extended an additional 180 days for all replacement plant material. The 180-day guarantee will supersede the expiration date of this contract.

g) The Vendor shall endeavor to select a diversity of plants which best represent the regional plant community(s) and supports local wildlife. In developing a plant list, the Vendor shall select species with the understanding that species are found together in nature in certain groupings or plant communities. These communities have evolved to specific environments.

h) Any listed or rare plant species designated by the permitting agencies to be relocated on to mitigation or restoration sites may require the Vendor to communicate with a specialized botanist on said species or coordinate with botanical gardens, universities, or public land managers. And in some cases, are interdependent so as to allow the area is to be self-supporting.

Services to be billed as Construction Activities (Exhibit C, Section 3, Construction Activities)

a) All mitigation sites shall be cleared of exotic and undesirable vegetation before installation of native plant material. Desirable native vegetation shall be preserved and protected. Mangroves must be preserved and protected from construction activities or replaced in kind.

b) The Vendor, as directed by the Department’s Contract Manager and the permitting agencies, is responsible for removing any surplus excavated material and transporting the material to the local Department Operations Center or to another location as specified by the Department’s Contract Manager. This may include the removal and appropriate disposal of hazardous solid waste.

Services to be billed as Maintenance of Mitigation Sites (Exhibit C, Section 4, Maintenance of Mitigation Sites)

a) All trash, invasive and undesirable vegetation shall be removed from the limits of the mitigation sites on a quarterly basis.

Services to be billed as Materials (Exhibit C, Section 5, Material Expenses)

a) Use vinyl webbing guy lines in staking/guying work. The cost of staking and guying includes the maintenance, repair, and possible replacement of any damage to the existing staking and guying materials. In addition, the cost shall include removal of all staking and guying material as well as proper disposal of this material after an establishment period as specified by the Department’s Contract Manager or warranty.

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b) Mulching activities shall follow Industry Standards. Mulching must only occur above the Mean High Water (MHW) or tide (MHT) level and should not occur within wetlands. When a project is utilizing natural recruitment, the necessity of mulching must be evaluated.

Services to be billed as Plant Installation (Exhibit C, Section 6. Trees, Shrubs and Ground Cover)

a) Native plant material installed into mitigation or restoration sites shall be at a minimum Florida No. 1 as set forth by the current issue of the Florida Department of Agriculture and Consumer Service's Division of Plant Industry Grades and Standards for Nursery Plants. Exceptions may be granted as necessary and as approved by the Department’s Contract Manager and permitting agencies, to accommodate unique, rare, local and relocated native plant material.

b) Plant material shall be installed with sound horticulture practices as established by the International Society of Arboriculture.

c) Mitigation plants shall not be fertilized unless specified by the Department or permitting agencies.

d) All trees and palms with a two (2) inch or greater caliper shall be staked/guyed as per Industry Standards.

e) Application of water to planted upland native species will be required during the establishment period. The cost of watering throughout the establishment period shall be included in Exhibit “C”, section 3. Construction Activities. The Vendor shall be responsible for providing water for the installed vegetation, at a minimum, by following the watering schedule provided below:

First two weeks: 7 watering’s per week Following two months: 3 watering’s per week Until established: 1 watering per week

Ground cover: 2 gallons per application Shrubs: 2 gallons per application Trees and palms: 2 gallons per caliper inch measured at

12 inches above grade

f) If in the course of the watering period, substantial natural rainfall occurs or when watering is not necessary such as installation of wetland plants in soils saturated with water or where there is standing water, the Department’s Contract Manager may approve a written request to reduce or discontinue the specified watering schedule.

g) All watering of plant material shall comply with County or State ordinances and regulations, including regulating authorities’ guidelines. The Vendor shall secure and pay, at his own expense, all required permits where applicable.

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h) Desirable native plants species shall be replaced in any area where the plants have been injured beyond recovery by the Vendor’s maintenance activities. The damaged plants shall be replaced with like-sized plants of the same species at the Vendor’s expense.

3) Environmental Impact Reviews for Work Program Activities, Documentation of Environmental Activities

The Vendor will provide staff that possess the capability to conduct environmental impact reviews on projects that are listed in the District 4 Work Program. This shall include using Electronic Review and Comments (ERC), Statewide Environmental Project Tracker (SWEPT), Efficient Transportation Decision Making (ETDM) Environmental Screening Tool (EST), Project Suite Enterprise Edition (PSEE) and other FDOT approved software to conduct the reviews. The Vendor shall provide personnel for environmental support services as necessary to the Department to assist with Work Program activities. Tasks include, but are not limited to, the following documentation of the Department’s environmental activities; plans review, literature, and background research; environmental compliance issues; permit applications/modifications; quality assurance reviews; field reviews; data entry and scheduling related activities. The in-house staff will be required to provide recommendations to the Design Project Manager that would avoid or minimize the impacts as per the PD&E Manual. This will require the Vendor to provide trained staff to provide in house staff support. The following activities may be required -

a) Project file review, field review and subsequent plan review activities in the

Primavera schedule.

b) The Vendor shall maintain project files containing field notes, meeting minutes, telephone logs, as well as photocopied permit applications and subsequent completeness summaries.

c) The Vendor will, as directed, provide a quality assurance review of PD&E studies, re-evaluations, environmental permit documents, landscape or mitigation plans, mitigation documentation files, or studies performed by the Department or its consultants to ensure a quality product in compliance with all applicable standards and guidelines.

d) The Vendor will be responsible for providing experienced personnel to serve as in house staff support and conduct Environmental Impact Reviews of design projects in the Work Program to be processed for production completion.

4) Endangered Species Coordination

The Vendor will assist the Department in performing wildlife field assessments as required by the regulatory agencies including, but are not limited to, such species as:

bats, burrowing owls, indigo snake, sea turtles, scrub jay, gopher tortoise, bald eagle, crested caracara, word stork, snail kites, listed plants, and listed lichen species. The Vendor will follow State and Federal survey protocols and assist the Department with

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reporting, mapping, and coordinating with the agencies. Field assessments may require long hours including nights and weekend work. Wildlife assessments may also require specialized equipment and be done in difficult field and weather conditions.

For the purposes of Gopher Tortoises, the Vendor shall provide a “core team” with the following experience –

At least one member shall possess a Florida Wildlife Conservation Commission

(FWC) Gopher Tortoise Agent with the ability to live trap/backhoe excavation authorization, (FWC) Gopher Tortoise Agent with authorization to bucket trap, (FWC) Gopher Tortoise Agent with authorization to transport, mark, and release tortoises.

A Qualified Airport Certified Biologist may be required.

A FWC Marine Turtle permit holder may be required for sea turtle beach nesting reviews and roadway lighting evaluations. The Vendor may be required to produce a Natural Resource Evaluation report as per the FDOT PD&E Manual.

If Endangered or Threatened species are identified unexpectedly on a construction site, all construction activities are to be stopped until such time the Vendor can communicate with the Department’s District Construction Environmental Coordinator and the appropriate regulatory agency to identify suitable solutions. The Vendor will perform all necessary work for the safe exit or relocation of the Endangered or Threatened species and identify suitable sites for relocation if required. If relocated, the Vendor will perform the necessary monitoring activities as stipulated by the regulatory agencies.

The Vendor shall, when requested, pay the mitigation contribution required for any given State or Federal Listed Species. This fee shall be paid within five business days of the Department’s notification to the Vendor of the receipt of an invoice. The Vendor shall follow through with the Wildlife Foundation of Florida and the FWC/USFWS to ensure timely issuance of the receipt of payment.

The Vendor shall, when requested, pay the required fees (i.e. per tortoise fee) to any recipient site. This fee shall be paid within the timeframes per the acceptance letter/agreement with the recipient site owner or within five business days of the Department’s notification to the Vendor, whichever is sooner.

5) Exotic or Nuisance Plant Species Concern

The Vendor shall provide, but not be limited to, the following services to review projects for the presence of invasive plant species:

a) The Vendor shall review the roadway projects for the presence, density, and

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location of invasive plant species.

b) Prepare a detailed list of invasive plant species, determine percent coverage, locate the invasive plants on plan sheets, determine best method of removal, and coordinate these findings with the Department’s Contract Manager.

c) Review selective clearing and grubbing Special Provisions prepared during the roadway design phase and review herbicide methodologies submitted during construction by the roadway contractors.

d) Inspect projects for presence of invasive species during roadway construction projects and prepare inspection report for construction Project Managers.

i. Conduct inspections of corridor for presence of exotic or nuisance species to determine if exotic or nuisance species need to be removed during the construction phase. May be required to develop Modified Special Provisions (MSP) to address removal during the construction phase. May be required to ensure compliance with permit conditions or other relevant documents regarding exotic plant control and/or removal.

ii. The Vendor, as necessary, will assist the District Construction Environmental

Coordinator (DCEC) with the identification of native plants, including those listed as endangered, threatened, and rare, as well as exotic invasive. The Vendor may also be required to flag or mark species for protection or for removal.

e) STAGING AREAS – The Vendor, as required, will assist the District Construction

Environmental Coordinator (DCEC) with the review and selection of proposed staging areas. The Vendor shall assist the DCEC in making sure that the Department’s construction firm contractor restores all staging areas to their original condition or better. Assessments of proposed staging areas must be reviewed for compliance with all National Environmental Policy Act (NEPA) requirements including, but are not limited to, potential impacts to wetlands or other surface waters, historical, social and/or cultural resources, 4(f) resources (parklands, recreation areas), endangered or threatened species habitat, other wildlife, water quality, desirable tree species, and/or archeological sites. Staging areas will also be confirmed as being within the Department’s Right-of-Way (R/W). A written assessment will be provided to the Project Manager. Any potential contamination concerns within the staging area will be referred to the Project Manager to be relayed to the District Contamination Coordinator.

f) OTHER NEPA / ENVIRONMENTAL COMMITMENTS – Conduct construction inspections for compliance with any and all NEPA requirements or other environmental commitments made by the Department, including but are not limited to aesthetic commitments, commitments regarding timing of construction activities, and notification of individuals or groups regarding certain activities. Coordinate with the Construction Project Administrator regarding the Project Commitment Record (PCR) updates.

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6) Wetland Impact Assessment

The Vendor shall provide the following services to assess the impacts to wetlands for roadway projects in accordance with Part 2, Chapter 2, Wetlands, and other Surface Waters in the FDOT PD&E Manual.

a) Identify, analyze, and delineate wetlands and surface waters in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual, and based on functional assessment methodologies (Wetland Rapid Assessment Procedure (WRAP), FDEP Uniform Mitigation Assessment Method (UMAM), etc.) approved by the Department’s Contract Manager and based on regional mitigation bank service areas.

b) Meet and acquire written verification of jurisdictional lines from the appropriate regulatory agencies.

c) Prepare wetland assessments and environmental documents in accordance with the PD&E Manual and/or ETDM process in a form acceptable to the appropriate regulatory agency, authority, and project manager.

d) All field data sheets, maps, aerials, CADD files, GIS files, or other wetland related produced data, shall be compatible with the Department’s current software. The product, as well as a copy of the computer files shall be submitted to the Project Manager at the conclusion of the project. Reports will be submitted in PDF format and hardcopy.

e) Develop a wetland mitigation restoration plan to compensate for wetland impacts.

Restoration plans shall include, but not be limited to traffic control and utility locations; existing easements; plant specifications and quantities along with planting elevations, locations, and densities; and any hydrologic considerations.

The plans may also include earthwork requirements and access requirements relating to construction activities, etc.

7) Essential Fish Habitat (EFH) Analysis

The Vendor shall be responsible for assessing projects for potential impacts to Essential Fish Habitat (EFH) as per Part 2, Chapter 17 of the FDOT PD&E Manual.

a) The Vendor, with the Department’s permission, shall consult with National Marine

Fisheries Services (NMFS) on potential managed species that may use project sites.

b) Prepare an NRE/EFH Assessment report and other documents to submit to the proper regulatory agencies. An EFH Assessment must include a description of the proposed action; an analysis of the effects, including cumulative effects, of the action on EFH, the managed species, and associated species by life stage; the Federal agency’s views regarding the effects of the action on EFH; and proposed

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mitigation, if applicable. The final documents shall be submitted in PDF and emailed to the contract manager.

c) Identify or develop wetland mitigation concepts to compensate for EFH impacts.

d) Complete the consultation process, obtain the necessary permits, and coordinate with the Department’s Permit Coordinator.

8) Benthic Biological Surveys

The Vendor will conduct annual seagrass/benthic surveys for the Department bridges, structures, and drainage areas as needed. Work would include, but are not limited to the following activities:

a) RESEARCH – Coordinate with local, state, and federal agencies and review databases on benthic resources.

b) DELINEATE AREA OF DIRECT EFFECT - Review the existing information available about the project area, including but not limited to soil borings to delineate an area of potential indirect and effects/sedimentation. Research best management practices, including turbidity controls and construction practices to minimize the area of potential indirect effect and provide the Department with options to prevent sedimentation.

c) COORDINATE AREA OF INDIRECT EFFECT – coordinate with permitting agencies regarding limits of the secondary/indirect effects to wetlands.

d) COORDINATE – Depending on location, coordinate with agencies on when benthic analysis will be conducted and develop a safety plan.

e) CONDUCT - Perform underwater benthic analysis of the proposed project and record benthic resources within the project’s area of direct effects. Benthic resource data to be collected including species, size, locations, depth, etc. Additionally, the area of potential indirect effect must be reviewed to identify and record any benthic resources which could be negatively impacted by the proposed project.

f) REPORT - Prepare a report of the project’s effects to EFH and ESA resources.

g) MAPPING – Prepare map showing benthic resources and other site-specific details. This may require the use of Global Positioning System (GPS) equipment.

h) CONSULTATION - Assist the Department in coordination with regulatory agencies and providing necessary reports, mapping, and impact tables, and mitigation plans.

9) Lighting Investigations and Light Trespass

The Vendor will, as directed, conduct lighting analysis and reporting on the Department’s Street lights adjacent to sea turtle nesting beaches. The Vendor will coordinate with U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife

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Conservation Commission (FWC) and, if necessary, recommended corrective measures. Additional lighting reviews may be required to evaluate light trespass on natural lands, public lands, as well as for other listed species as required by regulatory agencies (USFWS, FWC, NMFS and others as required).

10) Gopher Tortoise Relocations and associated activities

The Vendor shall furnish staff and necessary support to perform Gopher Tortoise relocation permitting activities as well as relocating tortoises with backhoe if deemed necessary.

a) Acting as the permitting agent for the Department, the Vendor shall provide the primary coordination with the FWC as necessary to accomplish the tasks as outlined herein. This activity shall not be limited to the FWC and may include other organizations, engineers, land surveyors, agencies, and local governments.

b) Coordination includes, but are not limited to, any interaction among the Vendor’s staff, sub-contractors, or the recipient site owners/liaisons to get the information needed for permit applications and coordination of field work, excavation activities and exclusionary fence installation.

c) Construction support coordination may require that the Vendor report directly to the Construction Project Administrator or their designated staff for brief periods of time, but in such cases, the Vendor shall be responsible for keeping the Gopher Tortoise Contract Manager informed of their activities at all times.

d) Coordination with the Department regarding establishing work authorizations and scheduling will also be required. The Vendor shall work with the Department to develop project specific schedules related to burrow surveys, permitting, relocation and construction support activities such that performance results are measurable on a monthly basis. The Vendor shall provide guidance to the Department regarding permit submittal dates, taking into consideration Department project letting and construction schedules, possible advanced utility relocation, permitting durations and relocation timeframes. The Vendor shall be cognizant of the Department project schedules and the time frames for conducting field work as established in the FWC guidelines. The Vendor shall be responsible for ensuring that the field work is conducted within the appropriate time frames. Field work done outside of the guidelines will not be compensated. The Vendor shall also take into consideration the time frame for the various capture methods that could impact schedule, such as right of way constraints that may limit backhoe operations and the restrictions of capture and relocation during cold weather that may not allow rapid relocation. Work on recipient sites other than those supplied by the Vendor may also require up front coordination for exclusionary fence installation (including land surveying) for soft release of tortoises.

11. Capture and Relocation of Gopher Tortoises

The Vendor shall capture and relocate gopher tortoises and commensal species, in accordance with the FWC guidelines and per the specific project permit

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conditions, to the designated recipient site(s). Capture methods may include bucket trapping, hand excavation or backhoe excavation. The appropriate Authorized Gopher Tortoise Agent on the “core team” shall provide instruction to the backhoe operators regarding the proper methods of excavation. There may be instances where the Vendor will have to work with Department contractors and their backhoe operators for relocation activities. These instances will be coordinated by the Gopher Tortoise Support Contract Manager with the appropriate Construction and contractor staff and the Authorized Gopher Tortoise Agent.

a) The Vendor shall alert the Department to the anticipated type of capture methods during the permit application process and discuss the approach and timing of the effort with the Department. The Vendor shall be aware of Department right of way constraints and shall not conduct any capture, by any means, on property not owned by the Department unless there are express permissions in place and approved by the Department. The Vendor shall be aware that there may be existing utilities within the right of way and shall be responsible for coordinating with the Department regarding those facilities (especially for Department owned underground facilities) as well as notifying the Sunshine 811 network to have the underground utilities within the project corridor located within the appropriate timeframe prior to any excavation activity.

b) The Vendor may be asked to initiate or assist with obtaining permission to conduct capture activities on property not owned by the Department. In these situations, the Department will work closely with the Vendor to ensure that the proper procedures are followed to obtain such permissions.

c) Should representatives from FWC request access to the donor site or recipient site(s) other than those provided by the Vendor, the Department should be notified immediately such that a representative can be present if desired.

Should representatives from FWC inspect the donor site or recipient site(s) other than those provided by the Vendor unannounced, the Vendor shall notify the Department within four hours and relay the intent of the visit.

d) The Vendor will be responsible for any delays to the Department’s construction contractor that may result from untimely capture and relocation of gopher tortoises.

e) The Vendor shall transport, deliver, mark and release gopher tortoises captured from Department donor sites to the recipient site(s) in accordance with the FWC guidelines and per the specific project permit conditions. This includes URTD testing if required by the recipient site(s) provided by the Vendor (unless otherwise provided in the overall cost per tortoise paid to the recipient site owner). The Vendor shall submit the required reporting information to the FWC regarding the capture and relocation of the gopher tortoises and any commensal species. This effort does not include any reporting, monitoring, etc., required by FWC under the Recipient Site permit for the recipient site(s) provided by the Vendor.

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12. Exclusionary Fence/Enclosure for Soft Release Installation, Monitoring, Maintenance and Removal

The Vendor shall provide exclusionary fence (generally silt fence) installation, maintenance, and removal for Department donor sites. This exclusionary fence shall be installed to discourage additional, off-site gopher tortoise from entering the project limits.

a) The Vendor shall be responsible for identifying the locations where the exclusionary fence shall be installed and may be required to coordinate with design Vendors to ensure exclusionary fence is incorporated into design plans.

The type (i.e., silt fence, hay bale) of exclusionary fence proposed for a given location shall be approved by the Department.

b) The Vendor shall be responsible for monthly inspections of the exclusionary fence and conducting any necessary maintenance/replacement of the fence until such time as the construction contractor receives notice to proceed and takes control of the project site. If requested by the Department, the Vendor shall remove the exclusionary fence.

c) The Vendor shall note that there may be areas of the right of way, including pond sites that will require clearing in order to install exclusionary fence. The Vendor shall obtain permission from the Department prior to any clearing and then shall conduct any necessary clearing (except in wetlands) for the exclusionary fence installation.

d) If the recipient site(s) is one other than that provided by the Vendor and requires a temporary fenced enclosure specifically for the soft release of gopher tortoises from Department donor sites, the Vendor shall install, maintain, and remove this fencing as required by the FWC. The Vendor shall be responsible for coordinating this effort with the recipient site owner, prior to installation and capture of gopher tortoises and per any agreements between the Department and the recipient site owner.

e) This effort shall also include any temporary penning of tortoises under any “10 or Fewer Burrow” permits that the Vendor may obtain on behalf of the Department. Any temporary penning installation, maintenance and removal shall be the responsibility of the Vendor and shall be done in coordination with Department Construction staff if applicable.

f) Any land surveying effort needed for the installation of exclusionary fence on donor sites (i.e., right of way staking) or recipient sites other than those provided by the Vendor (i.e., site boundaries) shall be coordinated through the Department using the Districtwide Contract for Surveying and Mapping or inhouse survey staff (if available). The Vendor shall provide the Gopher Tortoise Support Contract Manager a 45-day notice that land survey effort will be needed such that the survey effort can be coordinated with the Department Survey and

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Mapping Office.

13. Construction Support

The Vendor shall provide support to Department construction staff and Department contractors as requested. This shall include, but is not limited to:

a) Attending meetings.

b) Field visits with construction and contractor staff to review sensitive areas.

c) Providing direction regarding exclusionary fence installation for new burrows found during construction.

d) Removal of additional tortoises that move onto project sites during construction.

4.0 PERSONNEL STANDARDS

Services To Be Performed Using Direct Labor Rates (Exhibit C, Section 1)

The Vendor’s team shall consist of specialists in environmental services that have knowledge of the FDOT NEPA process, SWEPT process, FDOT Production scheduling process, permitting, construction, natural resource monitoring, wildlife and plant field reviews, hydrological analysis, and exotic vegetation removal. Responsibilities of each topical area include plans review; use of Electronic Review Comments (ERC) database, SWEPT, Project Suite Enterprise Edition (PSEE) Scheduling System, Primavera, and schedule updates; scientific monitoring; plan preparation; data collection, sampling, and analysis; permit application and document preparation; completeness summary letters;

and regulatory coordination. Other tasks may include, but not be limited to, environmental commitment compliance procedures during design, construction, and post construction phases of a project.

All work will be in accordance with the Department’s relevant and most recent versions of Manuals, Guidelines, Handbooks, Models and Preferences, as well as all current Federal, State and Local laws, rules, regulations, policies, and resources.

The Department’s construction contractors work irregular hours; therefore, the Vendor must be available throughout the District to conduct inspections outside of regular business hours (Monday through Friday, 8:00 a.m. – 5:00 p.m.), including but not limited to early morning hours, night hours, or weekends.

The Vendor shall provide the following…