FWC 22.23-114 ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-114

IN-WATER MARINE DEBRIS REMOVAL IN THE FLORIDA KEYS

NATIONAL MARINE SANCTUARY

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the rapid and comprehensive coordination and removal of remaining non-vessel Hurricane Irma marine debris from sensitive and managed habitats throughout the Florida Keys National Marine Sanctuary (FKNMS), per the specifications contained herein.

Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

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

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

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

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

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: _____________________________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 2 of 70

CALENDAR OF EVENTS

FWC 22/23-114

SCHEDULE DUE DATE METHOD

Bid Advertised May 10, 2023 Posted on the Vendor Information Portal

(VIP)

MANDATORY Pre-Bid

Conference Call

May 17, 2023

@ 11:00 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

May 19, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions May 24, 2023 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received

PRIOR to:

June 2, 2023

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening June 2, 2023

@ 2:00 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference-

Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award June 7, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 3 of 70

GENERAL CONDITIONS

FWC 22/23-114

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the

Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 4 of 70

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective from issuance of the Purchase Order through September 15, 2023.

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

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

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

SUBCONTRACTS

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

Minority Status Report (Attachment B) shall be submitted with each invoice for payment. The List of

Subcontractors (Attachment C) shall be included with bid submission.

DIVERSITY

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

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

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

MANDATORY PRE-BID CONFERENCE CALL

A mandatory pre-bid conference call will be held on the date and time specified in the Calendar of Events

(Page 2). The purpose of the pre-bid conference call is to discuss the contents of this ITB and to accept verbal questions from prospective Bidders concerning the project. Vendors must attend this pre-bid conference as a requirement of bid responsiveness. Failure to attend the entire pre-bid conference, from the time it is called to order to the time it is adjourned, shall disqualify a potential bidder. The Commission will make a reasonable effort to answer verbal questions asked during the pre-bid conference call, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference call shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Access Phone Number: 1-888-585-9008

Conference Room Number: 218-721-199 mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 5 of 70

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any

Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal

(https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section

120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information

Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Bidder’s failure to obtain the information made available through the Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the

State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

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REFERENCES

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

Current contact names and phone numbers shall be included with the bid package. See the attached

References Form for more detail.

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which 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 received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment D) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

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

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

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

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

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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

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

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

MAILING INSTRUCTIONS

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

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 7 of 70

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Avenue E

Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest total bid price. If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

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

POSTING OF BID TABS

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

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

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

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

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 8 of 70

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

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

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

FWC CONTRACT MANAGER

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

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

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

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

Certificate of Contract Completion form; and

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

DELIVERABLES

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

Contract:

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

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

PERMITTING

Permitting for this project, if needed, is the responsibility of the Contractor. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 9 of 70

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

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

CONDITIONS AND SPECIFICATIONS

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 10 of 70

SCOPE OF WORK

FWC 22/23-114

IN-WATER MARINE DEBRIS REMOVAL IN THE FLORIDA KEYS

PURPOSE

The service desired is the rapid and comprehensive coordination and removal of remaining non-vessel

Hurricane Irma marine debris from sensitive and managed habitats throughout the Florida Keys National

Marine Sanctuary (FKNMS).

All contractors and subcontractors involved in this project are subject to the following terms and conditions as described in this Scope of Work (SOW).

1. TERM COMPLETION DATE

Project shall be completed by the Awarded Bidder (Contractor) by September 15, 2023. The term ends on September 30, 2023.

2. GENERAL TERMS

2.1. After receipt of the issued Purchase Order the Contractor shall notify the FWC Project Manager by email of receipt and all terms and conditions contained therein. In addition, the Contractor shall confirm the ability to complete the work as stipulated in accordance with the response to this solicitation.

2.2. The work covered by this SOW includes the identification, removal, disposal and reporting of in-water

(non-derelict vessel) marine debris from priority areas in the FKNMS identified in Exhibit A, Priority

Marine Debris Removal Sites.

2.3. Within these priority areas, marine debris removal work will take place in waters at a depth of 130 feet or less. This project targets a variety of fisheries, plastics, and other similar storm debris including, but not limited to, anchors, chains, ropes, traps and lobster pots, a wide variety of plastic items, monofilament fishing line, lures, and abandoned ghost nets. The project does not include the removal of derelict vessels, debris in waters greater than 130 feet in depth, or heavy/large debris greater than 200 pounds per item. While removal work shall not take place in waters greater than 130 feet in depth, documentation of opportunistically observed targets beyond this depth, derelict vessels and heavy/large debris items not removed shall be reported per the ‘Documentation and Reporting

Requirements’ section below.

2.4. This SOW requires that the Contractor shall provide all services that may be needed to implement the removal and disposal of in-water marine debris which requires familiarity, experience, and expertise conducting marine debris removals within sensitive habitats of the FKNMS. However, the actual work for each site may vary, depending upon accessibility, work and equipment needed to complete the removal and disposal of the marine debris. Subcontracting is allowed to accomplish this scope of work within the given time frame.

2.5. The Contractor responsibilities generally include the identification of in-water marine debris in the priority areas of interest identified in Exhibit A, on land staging (if needed for debris collection/removal), careful and comprehensive removal of marine debris from a variety of sensitive and protected in-water habitats, emergency environmental protection measures when/where

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 11 of 70 applicable, provision of both land and water-based marine debris transport, marine debris disposal

(sustainable when possible and practicable), data collection and reporting, and related services.

Within the area guidelines outlined above and the data reporting detailed below, each site shall be covered in full, providing photo documentation of sites before, during, and after removals. For grids, GPS coordinates will be provided and mapped to show area/percent coverage, in addition to the required photo documentation. Should environmental concerns arise from the proposed removal, the conditions detailed in the best management practices below will be applied.

2.6. The Contractor is responsible for provision of environmental protection measures during site access, marine debris removal, transport, and disposal. Once the marine debris is in the Contractor’s custody for disposal, the Contractor will be responsible for the transportation of the marine debris to a properly licensed or prior approved disposal site. In addition to the site photos prior to, during, and after marine debris removal from the waters of the State and removal location/map, documentation of disposal in an authorized landfill facility or approved disposal site and data reports to the FWC project manager, as provided herein, are also required.

2.7. Sustainable disposal is encouraged when and where practicable and must be approved prior to project implementation. Unless otherwise approved in advance by FWC, all debris is to be disposed of in a properly licensed and permitted landfill facility as documented via weight slips.

2.8. The Contractor shall be responsible for the implementation of work in a proper and satisfactory manner. All labor and materials necessary to complete the work shall be provided by the Contractor.

The Contractor shall be responsible for ensuring all necessary local, state, and federal authorizations required to complete this project. The Contractor and/or subcontractors must be permitted and licensed as necessary to perform under this SOW as may be required by law, rule, or regulation; the

Contractor shall provide evidence of such compliance to FWC upon request.

2.9. The Contractor is responsible for the procurement of all supplies and payment of all charges, fees, taxes, and incidentals that may be required for the completion of this SOW. The Contractor warrants that it has the capability in all respects to ensure the full implementation the requirements of this

Agreement and the integrity and reliability that will assure good-faith performance as a responsible

Contractor. The Contractor shall immediately notify FWC in writing if its ability to perform the SOW is compromised in any manner during the term.

2.10. FWC shall take appropriate action, including potential termination, in the event the Contractor’s ability to perform work outlined in this SOW becomes compromised.

2.11. The Contractor shall notify the FWC Project Manager fifteen (15) days prior to final completion of the project. FWC staff shall verify that the Contractor has completed all work satisfactorily according to the SOW. The Contractor’s final invoice cannot be approved prior to marine debris removal and disposal verifications by FWC staff and approval by the FWC Project Manager.

3. BEST MANAGEMENT PRACTICES

3.1. The Contractor agrees to adhere to all Best Management Practices as detailed in the Florida Keys

National Marine Sanctuary Best Management Practices for Vessel, Aircraft, and Debris Recovery and

Removal Operations (Exhibit B).

3.2. The Contractor shall be responsible for providing all personnel, equipment, and materials necessary to complete work under this agreement including vessels, dive gear, marine debris removal equipment

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-114, Page 12 of 70

(e.g. knives, float bags, etc.), vehicles, and protective equipment. The Contractor will be responsible for the job site at all times.

3.3. The Contractor shall be responsible for ensuring all necessary local, state, and federal authorizations required to complete this project. The Contractor and/or subcontractors shall be licensed as necessary to perform under this SOW as may be required by law, rule, or regulation. All required licenses, permits, and certifications must be valid and active for the duration of the work required in the SOW.

3.4. Unless otherwise approved in writing in advance, the following (though not limited to) general requirements are to be followed:

3.4.1 Boat Operations in Shallow Water: Conduct operations at high tide when sensitive benthic resources are unavoidable; Anchor in unconsolidated sediment only; avoid anchoring in hard bottom and seagrass beds if possible; Operate boat motors in a manner that will not create sediment plumes or prop scaring of the bottom; Deploy turbidity curtains if necessary; Brief boat operators about sensitive areas to be avoided. Conduct removal operations at high tide when feasible.

3.4.2 All equipment operators must watch for and avoid collision with species protected under the

Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). Equipment operators must avoid potential interactions with protected species and operate in accordance with the protective measures as detailed in BMPs 2.4 (Exhibit B).

3.4.3 Recovery and removal operations shall comply with the conditions intended to protect manatees from direct project effects as detailed in the BMPs 2.4.7 ‘Standard Manatee Conditions for In-

Water Work 2011’ (Exhibit B).

3.4.4 All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species. Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. For turbidity screen specifications, see BMPs 2.3.2. (Exhibit B).

3.4.5 In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

3.4.6 Turbidity must be monitored and controlled. The use of turbidity curtains may be waived if the project is deemed too minimal to generate turbidity or if the current is too strong for the curtains to stay in place. If sediment plumes are expected or unexpectedly develop, deploy turbidity curtains to limit impacts.

3.4.7 Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

3.4.8 When attaching lift straps or other rigging to marine debris, minimize foot traffic on seagrasses and hard- bottom.

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3.4.9 Barge Operations: When using a spud barge, locate it such that marine debris can be removed without repositioning; Anchor and spud on sand or mud bottoms; avoid seagrass, hard-bottom, and coral if possible; Secure all materials/trash on the barge to prevent loss overboard.

3.4.9 Trimming or alteration of mangroves will require authorization from the Florida Department of Environmental Protection (DEP), and in some instances, FKNMS. It is recommended that personnel from DEP and/or FKNMS be on-site for operations removing marine debris from mangrove habitats (e.g. in-water mangrove channels).

3.4.10 The Contractor is responsible for locating and securing a staging site(s) for operational needs to include but which shall not be limited to storage of equipment and materials, on-land destruction, and disposal of marine debris either in containers or directly to an approved landfill facility.

3.4.11 If any debris has become overgrown with marine life, it becomes part of the reef and should be left behind. Do not remove an object if it cannot be done without further damaging marine life or jeopardizing personal safety. When in doubt, leave it behind. Items with coral or that could be maritime heritage resources should not be removed. Notify the contract manager of any items left in place. Provide photos and location of debris.

3.4.12 If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time, response operations in that location shall cease all activities involving subsurface disturbance in the vicinity of the discovery (and leave all artifacts in place). Field response personnel shall contact FKNMS and FWC Project Manager, who will contact the Florida

Department of State (DOS), Division of Historical Resources, Compliance Review Section at

(850) 245-6333. Response activities at that location shall not resume without verbal and/or written authorization from FWC.

3.4.13 In the event that unmarked human remains are encountered during permitted activities, stop all work immediately and contact FKNMS and FWC Project Manager, who will notify the proper authorities.

4. PERMITTING AND AUTHORIZATION REQUIREMENTS

4.1 Cleanups that remove debris from hardbottom and reef areas will likely require a permit from the

FKNMS. All debris removal work shall be done in an environmentally responsible manner and adhere to all applicable laws and rules, including sanctuary-wide and zone-specific regulations

(Exhibit C). Permits must be in place prior to project implementation. Any/all permit reporting requirements shall apply in addition to those outlined in this scope of work.

4.2 Activities within sanctuary zones likely require a permit because debris that is removed will often be biofouled with attached marine life (algae, hydroids, sponges, tunicates, etc.) and the sanctuary zones have varying levels of prohibition on removing marine life and/or access restrictions. The removal of monofilament line or rope from coral colonies, either inside or outside of a Sanctuary

Preservation Area/Ecological Reserve, would trigger the need for a permit if the corals are being touched or disturbed in any way during the removal process.

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4.3 If debris has coral colonies encrusted on it, a permit would be required for removal (though removal of any coral is generally prohibited).

4.4 If debris is embedded in the seafloor and removal involves any digging or excavating to access or remove debris, a permit is required.

5. ADDITIONAL PERMITS/AUTHORIZATIONS

5.1 The removal of derelict traps or trap debris requires a permit from FWC in addition to any FKNMS required permits or permissions.

5.2 Under authorized activities, FWC law enforcement must be contacted and made aware no later than

24 hours prior to any trip where permittees plan to remove trap debris. Additionally, data must be recorded from each derelict trap removed and reported to FWC after each removal conducted.

5.3 If any derelict traps or trap debris are to be removed, authorization from FWC and completion of a

Derelict Trap and Trap Debris Removal Event application form is required no later than 30 days prior to removal. To apply for an FWC derelict trap and trap debris removal event authorization https://myfwc.com/fishing/saltwater/trap-debris/

5.4 Debris removal activities that may disturb, damage, or remove historical resources, such as removing nets from a shipwreck, should not occur without specific guidance from the FKNMS. When removing anchors and other items take care to ensure the item is not a protected historical resource. If unsure, please contactfloridakeys@noaa.gov for assistance.

5.5 The Contractor is responsible for ensuring any other local, state, or federal laws or regulations may apply to shoreline or reef cleanup activities.

5.6 All boat or heavy machinery operators must have current licenses and/or certifications.

6. BIDDER REQUIREMENTS FOR TRAINING/CERTIFICATIONS/EXPERIENCE

The following training/certifications/experience requirements be met by any intended project field participants. The Commission reserves the right to request documentation showing these requirements have been met. The Contractor shall ensure that all project participants meet the qualifications, have all pertinent certifications and necessary insurances if applicable, and local, state, and/or federal permits are in place prior to project implementation.

6.1. Must be a certified SCUBA diver to conduct underwater removals. Snorkelers will be allowed (in coordination with certified SCUBA divers). While snorkelers will be allowed to assist with limited responsibilities such as spotting debris, transporting debris bags to the boat, and assisting in lifting large items onto the boat, they will not be allowed to participate in the direct removal of underwater debris and may not serve as a team or site lead.

6.2. Divers and Snorkelers must have excellent buoyancy control.

6.3. Participants must have received in-water marine debris removal training, within the FKNMS and/or similar habitats.

6.4. Participants must have experience conducting similar activities within the FKNMS and/or have a site leader present that fulfills the qualifications.

https://myfwc.com/fishing/saltwater/trap-debris/ mailto:contactfloridakeys@noaa.gov

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6.5. Participants must understand regulations and considerations for marine debris removal in FKNMS waters as evidenced by past experience and/or training.

7. DOCUMENTATION AND REPORTING REQUIREMENTS

7.1. Should environmental concerns arise from the proposed removal, the conditions detailed in the best management practices above will be applied and the situation reported to the FWC Project Manager and FKNMS including photo documentation and location information.

7.2. The Contractor shall create a Monthly Progress Reports (Exhibit D) detailing removal and disposal data and project status/progress and shall provide the report to the Commission on the 5th of each month beginning June 5, 2023, and continuing through August 5, 2023.

7.3. Project must be completed by September 15, 2023. The September Monthly Progress Report can be incorporated into the final comprehensive report and due no later than September 20, 2023.

7.4. The Contractor is required to submit documentation along with the Monthly Progress Report. Payment will not be made without all required documentation.

7.4.1. Documentation of coverage for each priority area of interest, that marine debris was properly removed from these waters of this State and that it was disposed of in accordance with this SOW.

Such documentation includes, at a minimum, documentation of proper disposal of marine debris, site photos as detailed below, mapped area of coverage, dive logs (where applicable), weight of debris removed, and debris data as detailed below.

a. The Contractor shall be required to document the location of final disposition, and disposal site

EPA number, disposal weight ticket, and dumpster ticket when/where applicable.

b. Site photos including pre-removal, during removal/activity, post-removal, and if applicable, final resting place (e.g., dumpsters). Photograph the site from the same locations as the pre-removal photographs, to document conditions after removal operations have been completed.

Photos need to be labeled and provide a clear presentation of each phase.

c. Debris data to be collected includes but is not limited to debris type, quantity, percent biofouling, observed habitat/wildlife impacts, location, personal identifiers (e.g. buoy color/ID or trap tag), and size/length (where applicable). All debris removed from underwater shall be recorded using Dive Against Debris data cards and then reported to the PADI AWARE Dive

Against Debris database, via mobile app.

7.4.2. The project does not include the removal of derelict vessels, debris in waters greater than 130 feet in depth, or heavy/large debris greater than 200lbs./item. While removal work shall not take place in waters greater than 130 feet in depth, documentation of opportunistically observed targets beyond this depth, derelict vessels and heavy/large debris items not removed shall be reported for each of the priority areas when/where applicable.

7.4.3. The Contractor and any/all dive operators shall also comply with all data and reporting requirements outlined in ‘Additional Permits/Authorizations’ above.

7.5. Upon FWC request, the Contractor shall provide a copy of all raw data collected.

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8. COORDINATION AND COMMUNICATION WITH LOCAL, STATE, AND FEDERAL AGENCIES

8.1. The Contractor will be solely responsible for coordinating all work with local, state, and federal agencies as required. This will require coordination with FKNMS staff to fulfill permitting requirements, reporting and BMPs. Work may require coordination with USFWS, DEP or Monroe

County staff if operating in waters adjacent to managed lands, particularly those where seasonal nesting may be occurring.

8.2. The Contractor will have a pre-project meeting with FWC no less than one (1) week prior to starting any work to discuss the implementation plan for each of the priority areas identified in the FKNMS

(Exhibit A). At this meeting, the Contractor will provide a tentative schedule to the FWC representative that describes when the removal work will take place and how long it will take to complete. This meeting may be held through virtual means at FWC’s discretion. (TEAMS, Skype, Zoom, teleconference etc.)

8.3. Recognizing that weather and other considerations may delay marine debris removal operations, the

Contractor must regularly communication with FWC regarding any delays in work required in this

SOW and reasons for such delays, as well as when removal efforts are scheduled to continue.

8.4. In addition to monthly progress and data reports, FWC shall have, at minimum, monthly virtual meetings with the Contractor to track progress and will be making several in-person site visits throughout project implementation.

9. INVOICING

9.1. Invoices shall be submitted to the Commission July 15th and August 15th, with a final invoice due

September 20th.

9.2. Payment will not be made without all required documentation as listed in DOCUMENTATION AND

REPORTING REQUIREMENTS.

9.3. Payment for services will be cost reimbursed. The Contractor shall be reimbursed for the actual cost of all allowable project costs (i.e., markup shall be not reimbursed). A copy of invoices for all reimbursable project costs must be included with the invoice submitted to the Commission.

9.4. Supporting documentation for all allowable costs including but not limited to labor, travel, supplies, subcontractors must be submitted with invoices.

ATTACHMENT LIST

Exhibit A – Priority Marine Debris Removal Sites

Exhibit B – Florida Keys National Marine Sanctuary Best Management Practices for Vessel, Aircraft, and

Debris Recovery and Removal Operations

Exhibit C – Sanctuary Boundary Zones

Exhibit D – Sample Monthly Progress Report

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EXHIBIT A

PRIORITY MARINE DEBRIS REMOVAL SITES

Line Site Name Coordinates Debris Type

1 Upper Keys Reef Tract

1a Molasses Reef 25.0083, -80.3692 Debris including mainly anchors, chain, anchor rope, traps and lobster pots, a wide variety of plastic items, monofilament fishing line, lures, and abandoned ghost nets.

1b French Reef 25.0345, -80.3430 Debris including mainly anchors, chain, anchor rope, traps and lobster pots, a wide variety of plastic items, monofilament fishing line, lures, and abandoned ghost nets.

1c Carysfort to

Northern boundary of FKNMS, includes

Turtle Rock and

Pacific Reef

25.2212, -80.2114

25.6500, -80.0833 litter, plastic, fishing line, derelict fishing gear

1d Turtle Rock 25.2817, -80.2089 Approximately 12 derelict buoys, this location of the reef is right next to the perfect lobster habitat so derelict fishing gear is commonly found and removed as well as plastic and other debris

1e Pacific Reef 25.3718, -80.1419 litter, plastic, fishing line, derelict fishing gear

1f Conch Wall 24.9518, -80.4550 Debris including mainly anchors, chain, anchor rope, traps and lobster pots, a wide variety of plastic items, monofilament fishing line, lures, and abandoned ghost nets.

2 Mangrove Channels/Deep Drift Sites

2a…