FWC 23.24-06 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 23/24-06

COASTAL MARINE DEBRIS REMOVAL PILOT 99 PROJECT

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the rapid and comprehensive coordination and removal of all coastal debris that has accumulated within the mangrove swamp of Dagny Johnson Key Largo Hammock Botanical State Park in 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: ____________________ Contractor’s License Number: _______________________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety. We have examined the site in reference to the specifications contained within this ITB and have familiarized ourselves with the entire site and have examined carefully the extent of the work that is needed.”

Authorized Signature (Manual): ________________________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 2 of 53

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 3 of 53

CALENDAR OF EVENTS

FWC 23/24-06

SCHEDULE DUE DATE METHOD

Bid Advertised August 2, 2023 Posted on the Vendor Information Portal

(VIP)

MANDATORY Bidder Site Visit August 9, 2023 @ 1:00 PM ET See Mandatory Bidder Site Visit Clause

Deadline for Questions

Must be received PRIOR to:

August 11, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions August 15, 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:

August 17, 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 August 17, 2023

@ 3:00 PM ET

Public Opening Options for Attendance:

-In Person- 1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number:

1.888.585.9008 Conference room number: 218-721-199

Anticipated Date of Intended Award August 22, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 4 of 53

GENERAL CONDITIONS

FWC 23/24-06

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 7.6.2023 FWC 23/24-06, Page 5 of 53

PROCUREMENT MANAGER

Sarah Pegram sarah.pegram@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $80,000.00.

Any bid submitted with a total cost that is 25% over the estimated budget shall be considered non-responsive.

TERM

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

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract Manager will review the extension request and if they determine it is justified, will forward to the Bid Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the . 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 BIDDER SITE VISIT

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

See Exhibit A for coordinates.

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 7.6.2023 FWC 23/24-06, Page 6 of 53

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 3). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal (https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

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

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Bidder’s failure to obtain the information made available through the Vendor Information Portal.

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 E) 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:

Florida Fish and Wildlife Conservation Commission Attn: Purchasing

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 8 of 53

1875 Orange Ave E Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

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

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price.

If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

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

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

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

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 https://vendor.myfloridamarketplace.com/ 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 7.6.2023 FWC 23/24-06, Page 9 of 53 of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER PURCHASE ORDER 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 PURCHASE ORDER 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”.

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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 PURCHASE ORDER 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.

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

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 11 of 53

SCOPE OF WORK

FWC 23/24-06

COASTAL MARINE DEBRIS REMOVAL PILOT 99 PROJECT

PURPOSE

The service desired is the rapid and comprehensive coordination and removal of all coastal debris that has accumulated within the mangrove swamp of Dagny Johnson Key Largo Hammock Botanical State Park (areas identified below) in the Florida Keys National Marine Sanctuary (FKNMS).

All contractors 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 and the Final Comprehensive Report is due no later than September 20, 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 coastal debris that has accumulated within the mangrove swamps from a priority target area in the FKNMS identified in Exhibit A, Marine Debris Removal Site.

2.3. Contractors are responsible for ensuring that all sub-contractors follow the terms and conditions described in the SOW. Contractors will be held responsible for any acts or omissions by its sub-contractors which violated the terms or conditions of the contract.

2.4. The project site is located within highly sensitive habitats and all Best Management Practices below and attached (Exhibit B) must be followed. This project is located with Dagny Johnson Key Largo Hammock Botanical State Park in North Key Largo. This site contains coastal berm within mangrove swamp. Primary access to the site will be via the adjacent Atlantic Ocean. John Pennekamp Coral Reef State Park and the Florida Keys National Marine Sanctuary (FKNMS) have overlapping jurisdiction within this section of ocean. See Exhibit C.

2.5. The project area is 4 acres in size. See Exhibit A. All man-made debris from this site shall be removed, with the exception of any cultural artifacts which is described in the attached BMP document and items that are deemed to cause more resource damage to remove.

2.6. This project targets all marine debris within the project area that is accessible and can be removed without causing negative resource impacts, excluding derelict vessels and microplastics. Marine debris in the project area includes a variety of fishing gear, plastics/consumer debris, and other similar storm debris including, but not limited to, appliances, miscellaneous construction debris, boat parts, Styrofoam, ropes, traps and trap parts, lobster pots, and a wide variety of plastic consumer debris items.

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 12 of 53

2.7. This SOW requires that the Contractor shall provide all services that may be needed to implement the removal and disposal of coastal debris within the mangrove swamp which requires familiarity, experience, and expertise conducting marine debris removals within sensitive habitats of the FKNMS. Subcontracting is allowed to accomplish this scope of work within the given time frame.

2.8. The Contractor responsibilities generally include the identification of coastal debris in the area of interest identified in Exhibit A, on land/water staging (if needed for debris collection/removal), careful and comprehensive removal of marine debris from sensitive and protected habitats, emergency environmental protection measures when/where 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. Should environmental concerns arise from the proposed removal, the conditions detailed in the best management practices below will be applied.

2.9. Trimming of mangroves will not be permitted.

2.10. Debris items too large to remove whole, must be broken up at the site then removed in pieces. During deconstruction of items, a tarp must be placed under the item to catch any small fragments that are created and can then be bagged for removal.

2.11. 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.

2.12. Disposal of all debris is the responsibility of the contractor. Sustainable disposal is encouraged when and where practicable and must be approved prior to project implementation. The debris will be loaded into waste containers (Roll off dumpsters) and hauled to the Waste Management North Key Largo Transfer Station (weight slip required). Any fuels and oils found will be transported to an FDEP approved facility for recycling and/ or final disposition. The closest off-loading site is found approximately 5 nautical miles south of this site. See Exhibit A. This site is within a gated community and can be visited during the mandatory site visit.

2.13. 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 any/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.

2.14. 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 of 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.

2.15. 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

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 13 of 53 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). The Contractor understands and agrees that it will be responsible for ensuring that all sub-contractors and/or sub-contractor personnel 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.

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

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

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

3.4.1 In shoreline and shallow nearshore areas with sensitive habitats, consider land-side access and removals from roads, bulkheads, or other developed or disturbed areas for marine debris removal, where feasible.

3.4.2 Boat Operations in Shallow Water: Conduct boat 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.

3.4.3 Avoid work vessel grounding; prop, bow, keel, and skeg scarring; and prop washing in sensitive habitats, especially locations with mangroves, seagrasses, oyster reefs, hard-bottom, and corals.

3.4.4 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.

3.4.5 All vessels associated with marine debris removal activities shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-ft clearance from the bottom, and after a protected species has been observed in and has departed the area.

3.4.9 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 activities, and disposal of marine debris either in containers or directly to an approved landfill facility.

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 14 of 53

3.4.10 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.

3.4.11 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.

3.4.12 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. TRAINING/CERTIFICATIONS/EXPERIENCE AND PERMITTING REQUIREMENTS

4.1. The Contractor is responsible for ensuring any local, state, or federal laws or regulations are followed that may apply to shoreline cleanup activities.

4.2. The Contractor is responsible for ensuring all required licenses, permits, and certifications are obtained and/or valid and active for the duration of the work required in the SOW, including as applicable to sub-contractors.

4.3. All boat, vehicle or heavy machinery operators must have current licenses and/or certifications.

4.4. 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. Contractor will make such documentation available upon request..

4.5. Participants must have experience conducting similar activities within the FKNMS and/or similar sensitive habitats.

5. DOCUMENTATION AND REPORTING REQUIREMENTS

5.1. 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 within 24hrs of discovery.

5.2. All members of the removal team must carry GPS units so that individual track logs are automatically tracked while project is underway. These tracks will be downloaded and sent to the project manager on a weekly basis or at the end of each zone, whichever comes first.

5.3. The Contractor shall create a final report (Exhibit D) detailing removal and disposal data as detailed below.

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5.4. The Contractor is required to submit documentation along with the Final Report. Payment will not be made without all required documentation.

5.4.1. Documentation of coverage, that marine debris was properly removed and that it was disposed of in accordance with this SOW shall be submitted. Such documentation includes, at a minimum, documentation of proper disposal of debris, GPS tracks, site photos/videos as detailed below, mapped area of coverage, weight of debris removed, fuel and/or rental receipts, timesheets, 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. All collected debris must be weighed and provide estimated cubic yards. The collected debris should not be mixed with other business garbage for photos and data.

b. Photos of the final resting place (e.g., dumpsters) are needed for all collected debris. Unusual items should be photo documented.

c. Due to the volume of different types of debris items in the project area, documenting each piece of debris removed for the entire area is not feasible. Collected debris should be inventoried in detail (aka each item) for 1.5% of project area (1.5% of 4 acres). These target reporting areas should be contiguous (e.g. 12.5” x 12.5” plot). The plot for each zone should be random and representative of the debris within that zone. Debris data to be collected includes but is not limited to debris type, quantity, observed habitat/wildlife impacts, location, personal identifiers (e.g. buoy color/ID or trap tag), and size/length (where applicable). By providing the detailed debris data for 1.5% of the project area, this will allow FWC to extrapolate debris information for the remainder of the project area. While overview photos of debris and the project area are required, the remaining 98.5% of debris within the project area can be bundled through documentation of habitat/wildlife impacts and any debris with personal identifiers is required and documentation of unique debris finds is encouraged. In field data sheets are encouraged with data to be uploaded to a project tab within the Marine Debris Tracker App under the Gulf of Mexico Partnership button.

d. All target plots shall include site photos of pre-removal, during removal/activity, post-removal, and 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 must be labeled and provide a clear presentation of each phase.

For the remainder of the project area, no less than 30 photos shall be provided per acre, representing the various types of debris, stages of removal, and habitat. Additional photos are encouraged.

5.4.2. The project does not include the removal of derelict vessels as defined in s. 327.02.

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

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

6.1. The Contractor will be solely responsible for coordinating all work with local, state, and federal agencies as required. This will require coordination with Florida Department of Environmental Protection (FDEP) for implementation and a contact will be provided to the selected vendor. Work

Ch. 287 Invitation to Bid – Revised 7.6.2023 FWC 23/24-06, Page 16 of 53 may require coordination with USFWS, FKNMS or Monroe County staff if operating in waters adjacent to managed lands, particularly those where seasonal nesting may be occurring.

6.2. The Contractor will have a pre-project meeting with FWC and FDEP no less than one (1) week prior to starting any work under the SOW. This meeting will be for the purpose of discussing the implementation plan for the project area (Exhibit A). At this meeting, the Contractor will provide a tentative schedule to FWC and FDEP describing 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.)

6.3. Team lead must call in each day to the project manager when work commences and again at the end of each day when the crew is off the site.

6.4. Recognizing that weather and other considerations may delay marine debris removal operations, the Contractor must regularly communicate with FWC regarding any delays in work under the terms of this SOW and the reasons for such delays, as well as when removal efforts are scheduled to resume.

6.5. FWC and/or FDEP will be making several in-person site visits throughout project implementation.

7. INVOICING

7.1. The invoice is due no later than September 20, 2023. Invoices need to be broken down by individual line item of the Price sheet with percentage of area completed and by expense category as specified in Section 3. M. of Attachment A, Purchase Order Terms & Conditions.

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

REPORTING REQUIREMENTS.

7.3. 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.

7.4. 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 Project Area

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 – Final Comprehensive Report

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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

EXHIBIT A

MARINE DEBRIS REMOVAL PROJECT AREA

Land Access

Dagny Johnson Key Largo Hammock Botanical State Park

Land entrance (1) to the site and pre-bid meeting location is located at 25°16'33.69"N, 80°18'14.49"W along county road 905. Off-loading site is located at 25°12'40.77"N, 80°20'15.45"W.

Target Area Boundaries (shapefile to be provided to awarded vendor)

25°16'33.36"N, 80°17'39.90"W; 25°16'31.93"N, 80°17'38.31"W; 25°16'39.26"N, 80°17'32.09"W;

25°16'40.71"N, 80°17'33.89"W

Location map for the coastal debris removal project

Pre-bid location meeting site.

Off-loading location map.

Sample images of site.

FLORIDA KEYS NATIONAL MARINE SANCTUARY

BEST MANAGEMENT PRACTICES

FOR

VESSEL, AIRCRAFT, AND DEBRIS

RECOVERY AND REMOVAL OPERATIONS

Prepared by:

Stephen Werndli Florida Keys National Marine Sanctuary

33 East Quay Rd Key West, FL 33040

April 23, 2018

Exhibit B

Table of Contents 1 Introduction

2 Guidance and Best Management Practices

2.1 Historical and Cultural Resources

2.2 Mangroves

2.2.1 Trimming Mangroves

2.3 Shallow Water Habitats

2.3.1 Operations in Shallow Water

2.3.2 Turbidity Control Measures

2.4 Protected Species

2.4.1 Vessel Operations

2.4.2 Aerial Operations

2.4.3 Land Based Operations

2.4.4 Operations Near Turtle and Bird Nesting Beaches

2.4.5 Avoiding Wildlife Entanglement

2.4.6 Avoiding Wildlife Entrapment

2.4.7 Standard Manatee Conditions for In-Water Work 2011

Appendices

Appendix 1: Job-Aid for Removal Operations in Mangroves and Adjacent Sensitive Shallow Habitats ................................................................................................................................... A-1

Appendix 2: Job-Aid for Removal Operations in Shallow Water Habitats ............................ A-2

FKNMS Best Management Practices for Vessel, Aircraft, and Debris Recovery and Removal Operations 1

1 Introduction

This document includes Best Management Practices (BMP) to be implemented during recovery or removal operations in connection with an air or marine casualty or removal of marine debris.

These recommendations are designed to minimize and avoid adverse effects to wildlife and habitat during response activities. During response events, the primary objective must be to protect human life and property and this objective takes precedence if there is a conflict with protective measures for wildlife and habitats. These protective measures should be implemented when it will not interfere with emergency response to protect human life and property.

Regulatory guidance and BMPs were developed during Hurricane Irma Emergency Support Function 10 (ESF-10) Florida response operations in September 2017 through required consultations with input from the National Marine Fisheries Service (NMFS) Protected Resources Division (PRD) and Habitat Conservation Division (HCD), United States Fish and Wildlife Service (USFWS) Ecological Services Division (ESD), United States Army Corps of Engineers (USACE), Florida Keys National Marine Sanctuary (FKNMS), Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of Environmental Protection (DEP), Florida Department of State (DOS), Seminole Tribe of Florida (STOF), and Seminole Nation of Oklahoma (SNO). The guidance and BMPs developed for Hurricane Irma ESF-10 Florida is consolidated below for application within FKNMS.

Recovery and removal methods will be implemented on a case-by-case basis, dependent on site specific conditions, and may necessitate a combination of techniques. Benthic resources should be evaluated in the immediate area to determine a removal path that will have the least impact to the surroundings. If there are potential impacts to shallow sensitive habitats (i.e., seagrasses, hard-bottom, corals) operations must occur at high tide. When it will result in the least amount of impact, targets will be removed following the same path by which they entered sensitive habitats.

Some or all of the response activities described in this document would require permit(s) from FKNMS, USACE, DEP, and/or other agencies. Additional site specific BMPs and/or special conditions may be included in those permits as appropriate.

2 Guidance and Best Management Practices

This section identifies the cultural and natural resources present that may be affected during response activities. Some species of wildlife have been designated by NMFS and/or USFWS as threatened or endangered under the Endangered Species Act. Designated critical habitat for endangered species and Essential Fish Habitat (EFH) also exists. Some historic properties have been listed in the National Register of Historic Places. BMPs identified in this document should be implemented to the greatest extent possible to minimize and avoid impacts to those resources.

Additional information on response recommendations,…