FWC 24.25-92 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 24/25-92

DERELICT VESSEL "BOROCHO" REEFING PROJECT - MARTIN COUNTY 2025

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the removal, remediation, and reefing of a 227-foot derelict vessel (freighter) located in Miami on the Miami River and ultimately being deployed as an artificial reef in the (Sirotkin) permitted reef area in Martin County Florida, 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. 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 3.12.2025 FWC 24/25-92, Page 2 of 80

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 3 of 80

CALENDAR OF EVENTS

FWC 24/25-92

SCHEDULE DUE DATE METHOD

Bid Advertised May 16, 2025 Posted on the Vendor Information Portal

(VIP)

MANDATORY Site visit June 5, 2025

@ 10:00 AM ET

See Site Visit Meeting Clause

MANDATORY Pre-Bid

Conference Call

June 16, 2025

@ 11:00 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

June 23, 2025

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions June 30, 2025 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received

PRIOR to:

July 10, 2025

@ 4:00 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 July 10, 2025

@ 4:00 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 July 21, 2025 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 4 of 80

GENERAL CONDITIONS

FWC 24/25-92

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 (pages 1-2).

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

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

Please note:

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

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

TERMS AND CONDITIONS

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

Department of Management Services website at the following link:

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

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

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

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

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 3.12.2025 FWC 24/25-92, Page 5 of 80

PROCUREMENT MANAGER

John Nordmeyer john.nordmeyer@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $500,000.00.

Any bid submitted with a total cost that is 15% 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 Purchase Order. The

Subcontractor Minority Status Report (Composite Exhibit I) shall be submitted with each invoice for payment. The List of Subcontractors (Composite Exhibit I) shall be included with bid submission.

DIVERSITY

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

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

The Commission encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier

Development website for information on certified business enterprises that may be considered for subcontracting opportunities.

MANDATORY SITE VISIT MEETING

A mandatory Site Visit Meeting will be held at the property where the vessel is located on the date and time specified in the Calendar of Events (Page 3). Attendees must be escorted on the property by FWC

Personnel at all times. Bidders may not access the property or vessel on their own at any time. The purpose of the Site Visit Meeting is to examine the site in reference to the specifications contained within this ITB and have bidders familiarize themselves with the entire site and examine carefully the extent of the work that is needed. Vendors must attend this site meeting as a requirement of bid responsiveness. Failure to attend the entire meeting, from the time it is called to order to the time it is adjourned, shall disqualify a potential respondent. Bidders are encouraged to bring a method of recording questions that come to mind, as the Commission will not be answering any questions during the site visit. Questions should be recorded 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 https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 6 of 80 and saved to be asked during the mandatory pre-bid conference call and to be submitted for inclusion on the official Q&A addendum. Bidders should clearly understand that verbal discussions held at the Site Visit shall not be binding on the Commission, and the Commission will only issue an official written response to questions submitted in writing in accordance with the Deadline for Questions clause below.

To access mandatory bidder site visit information:

Email a completed Confidentiality Exemption Form (Attachment B) to John.Nordmeyer@myfwc.com to receive an electronic copy of the instructions and all other associated documents required for the Site Visit

Meeting.

MANDATORY PRE-BID CONFERENCE CALL

A mandatory pre-bid conference call will be held after the Site Visit Meeting on the date and time specified in the Calendar of Events (Page 3). The purpose of the pre-bid conference call is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. Vendors must attend this pre-bid conference call as a requirement of bid responsiveness. Failure to attend the entire conference call, 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 at 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.

Mandatory Conference Call Dial-in:

Conference call phone number: 1.888.585.9008

Conference room number: 218-721-199

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 mailto:John.Nordmeyer@myfwc.com

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 7 of 80 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 (pages 1-2), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

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

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

EQUAL BIDS

In the event that there is no multiple award contemplated in the ITB, and the Commission receives equal bids eligible for award, the Commission will comply with the following, as applicable: sections 287.057(12), 287.082, 287.087,287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Commission may request information from

Bidders with equal bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarification. If the tie has not been broken by application of the aforementioned statutes, the

Commission will proceed with a random selection to decide the award.

SUPPORTING/SUPPLEMENTAL INFORMATION

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

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

ITB’s requirements. The requirement for such supplemental information will be at the reasonable

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 8 of 80 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

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

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

OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES. DIGITAL SUBMISSIONS SHALL BE DEEMED NON-RESPONSIVE

AND SHALL NOT BE ACCEPTED.

SOLICITATION PUBLIC OPENING

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

Events (Page 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

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 9 of 80 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 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 Commission 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.

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 3.12.2025 FWC 24/25-92, Page 10 of 80

DELIVERABLES

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

Contract:

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

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

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed Phase 1 & 2 (Attachment E), and Notice to Proceed Phase 3 (Attachment F) from the Contract Manager.

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion has occurred.

Upon satisfactory completion of the work, the Contractor shall send the Contract Manager a notarized

Certificate of Contract Completion (Attachment H) and the contract shall be deemed completed upon the issuance date of such Certificate.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $1,000.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

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

MATERIAL AND EQUIPMENT ON COMMISSION PROPERTY

If the Commission allows the Contractor to have project materials or equipment delivered to and/or stored upon the Commission-managed or owned property before, during, or after the term of the project, the

Contractor will be fully and solely responsible for all expenses and liability incurred as a result of the delivery or storage. Should the Commission, in its sole discretion, determine that any project materials or equipment stored on its property must be moved in response to an emergency, the Contractor shall hold harmless, indemnify, defend, and may be responsible for costs of any reasonably necessary actions taken by the Commission.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 11 of 80 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”.

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.

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

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 12 of 80

SCOPE OF WORK

FWC 24/25-92

DERELICT VESSEL "BOROCHO" REEFING PROJECT - MARTIN COUNTY 2025

PURPOSE

The intent of this Invitation to Bid (ITB) is to obtain competitive bids for the removal, remediation and reefing of a derelict vessel located on the waters of this state. The vessel will be disposed of by the creation of a marine artificial reef by cleaning, preparing, towing, and sinking the 227-foot Freighter “Borocho” within the Sirotkin permitted area according to the county, commission, state, and federal regulatory standards.

1. INITIAL TERM COMPLETION DATE

1.1. Project shall be completed by the Contractor by November 21, 2025.

2. DEFENITIONS

2.1. Derelict Vessel: A vessel that has been investigated and authorized for removal by the Commission as a derelict vessel by Florida Statute 823.11(2).

2.2. Artificial reef: one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining or enhancing the spawning, breeding, feeding, or growth to maturity of Florida’s managed reef-associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes.

2.3. Permitted area: an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include artificial reef permits issued by the Florida Department of

Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body.

2.4. Staging area: a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site (Remediation Location).

3. GENERAL TERMS

3.1. If project funding in whole or part is provided by Federal Funding, then the project is subject to the terms and conditions stated in Section 7, Federal Funding, of the Purchase Order Terms &

Conditions (Attachment A).

3.2. If federal funds are used, bidders must have a valid Unique Entity Identifier Number (UEI) and be fully registered with the Federal System for Award Management (SAMS) prior to any work being issued via Purchase Order that uses any federal funding.

3.3. Bidders must include Phase Completion Form (Attachment C) with bid submission.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 13 of 80

3.4. Bidders must provide proof of valid insurance with bid submission.

3.5. Additional Insurance Requirements: Jones Act Insurance and Maritime Insurance. The Contractor shall secure and maintain during the life of this agreement Workers' Compensation insurance, Jones

Act insurance, Maritime insurance, or appropriate/applicable coverage that acts or serves as

"worker's compensation insurance coverage" for all employees employed, including supervision, administration, and management personnel. In case any work is sublet with the approval of the

Commission, the Contractor shall require the Subcontractor to provide Workers' Compensation insurance for all employees.

3.6. No work shall commence until an authorized Purchase Order and written Notice to Proceed has been issued from the Commission.

3.7. The Contractor shall provide and be responsible for all personnel, equipment, and materials necessary to complete work under this ITB, including vessels, vehicles, and protective equipment, at all times during work covered by this Scope of Work (SOW).

3.8. The Contractor shall be responsible for complying with all federal and state requirements as provided, regardless of funding source.

3.9. The Contractor is required to meet project deadlines and the National Guidance: Best Management

Practices for Preparing Vessels Intended to Create Artificial Reefs for this project (Composite

Exhibit III) following the requirements of Sirotkin Artificial Reef Permit Number (SAJ-2021-00027

(SP – CGK)).

3.10. The Contractor is required to obtain and have present on each job site all active local, state, and federal licenses, certifications, and permits required to fulfill each aspect of work under this project.

The Commission will not provide any additional licenses, permits, or certifications except for The

Artificial Reef Permit (Composite Exhibit II). It is the responsibility of the Contractor to ensure all required licenses, permits, and certifications are valid and active for the duration of the work required under this ITB.

3.11. Unless otherwise approved in writing in advance, the following general requirements are to be followed:

3.11.1. All personnel of the Contractor or any subcontractor must wear serviceable, USCG- approved

Personal Flotation Devices (PFDs) when they're in, on, or around the water.

3.11.2. The Contractor is wholly responsible for locating and securing a staging area(s) for operational needs, including but not limited to storage of equipment and materials, on-land destruction, and disposal of removed materials either in containers or directly to an approved disposal facility.

3.11.3. The Contractor is responsible for obtaining and providing copies to the Commission of approval from the Florida Department of Environmental Protection to designate and identify the staging area(s) as an approved Disaster Debris Management Site (DDMS), if applicable.

3.11.4. The Contractor shall provide either the Water Assurance Compliance System (WACS) number or Environmental Protection Agency (EPA) number to the Commission for the on-land staging area(s).

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3.12. The Commission reserves the right to stop or delay work for non-compliance with the Purchase

Order specifications or if site conditions become unacceptable. The Commission shall have sole discretion in this determination.

3.13. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building material, or any other physical remains that could be associated with

Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during the permitted activities, all work shall stop immediately, and the proper authorities shall be notified in accordance with Section 872.05, F.S.

4. FREIGHTER “BOROCHO”

4.1. The Freighter “Borocho” was built in 1977 and is currently located on the Miami River in Miami-

Dade County. It is a 227-foot-long steel-hulled Freighter, has a beam of 38 feet, and a draft of 16 feet. The vessel's gross tonnage is 1,251 tons.

4.2. As this 227’ Freighter “Borocho” from Miami-Dade County has been deemed derelict under Florida law, the disposal method for this vessel shall service as an artificial reef off Martin County, FL, within the permitted artificial reef location described within this SOW.

4.3. The project shall be completed in three phases:

4.3.1. PHASE 1: Relocation of the derelict vessel from the Miami River to a marine facility for the purpose of remediation.

4.3.2. PHASE 2: The vessel shall be prepared for reefing according to the standards set forth by the

National Guidance: Best Management Practices for Preparing Vessels Intended to Create

Artificial Reef (Composite Exhibit III).

4.3.3. PHASE 3: The vessel shall be towed to and deployed at the permitted reefing location in Martin

County.

4.4. Disposal of this derelict vessel as an artificial reef will resolve a derelict vessel problem and provide a beneficial use by augmenting marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing near-shore reef fish habitat, offshore recreational fishing and diving opportunities, reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of Florida’s coastal waters. The proposed artificial reefs will make fisheries resources available for the long-term benefit of local Florida residents and visitors.

5. VESSEL RELOCATION FROM MIAMI (PHASE 1)

5.1. Contractor must complete the Acknowledgment of Purchase Order and Removal Authorization

Letter Form (Attachment D) within 5 days of receiving the Purchase Order and any required documentation.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 15 of 80

5.2. Phase 1 shall not begin until the Commission’s Contract Manager issues the Contractor with a

Notice to Proceed with Phase 1 (Vessel Relocation) and Phase 2 (Vessel Remediation) (Attachment

E).

5.3. The Contractor must notify and receive approval from the Commission’s Contract Manager about the facility used for remediation prior to relocating the vessel (Phase 1).

5.4. The Contractor must provide a Dead Ship Tow Plan, approved by the US Coast Guard (Attachment

G) to the Commission’s Contract/Project manager.

5.5. Upon the written notification from the Commission (Notice to Proceed Phase 1 and Phase 2;

Attachment E), the Contractor shall take possession of the Freighter “Borocho” and tow to the

Commission approved marine facility for pre-reefing remediation in accordance with National

Guidance: Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs

(Composite Exhibit III).

5.6. The Contractor is responsible for all costs and liabilities associated with moving the derelict vessel from its current location to the marine facility. This includes, but is not limited to, the following:

5.6.1. Complying with federal, state, or local requirements that govern the vessel towing and relocation.

5.6.2. Towing of the vessel.

5.6.3. Maintaining the integrity of the vessel to keep it seaworthy while it is being relocated.

5.6.4. Refloating of the vessel if it sinks.

5.6.5. Repair and/or remediation of environmental or other damages caused during relocation activities.

5.6.6. Ensuring the vessel is securely docked at the remediation location.

6. VESSEL CLEANING AND PREPARATION FOR SINKING (PHASE 2)

6.1. The Freighter “Borocho” shall be completely cleaned as described below and in accordance with the

National Guidelines: Best Management Practices for Preparing Vessels Intended to Create Artificial

Reefs (Composite Exhibit III) and the U.S. Army Corps of Engineers Sirotkin Artificial Reef Permit

(Composite Exhibit II), as well as any asbestos remediation necessary for reefing.

6.2. Asbestos.

6.2.1. Once the Confidentiality Exemption Form (Attachment B) is filled out and emailed to the procurement manager, a previously completed asbestos surveys shall be provided with the procurement manager's instructions for the mandatory site visit. The Contractor will use the surveys to determine and abate any asbestos-related materials during the vessel remediation

Phase 2.

6.2.2. The stack may be removed from the vessel or the asbestos contained within the stack must be remediated by a licensed and certified asbestos remediation specialist and certified as clean.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 24/25-92, Page 16 of 80

6.2.3. If additional asbestos is found and determined for remediation. The Commission must approve the change order. A change order shall be issued for the cost of additional Asbestos remediation.

The cost of additional Asbestos remediation shall be reimbursed on a cost reimbursement plus percentage (%) basis.

6.3. The Contractor shall clean the vessel to ensure that the vessel is clean and free from petroleum or other hydrocarbons, toxic residues, loose free-floating material, or other deleterious substances.

6.4. The Contractor shall clean the vessel of all residual oil from all fuel tanks, all fuel lines, pumps, transmission, engine, and other machinery prior to deployment. This includes degreasing all lines and the main engine, which may be left in place as ballast. If a fuel line, pipe, or other oil-containing equipment can’t be accessed for cleaning, it shall be removed. Fuel tanks must be certified clean by the US Coast Guard’s Marine Safety Division visual inspection and report as required by federal guidelines. Following a formal inspection, tanks may be filled with seawater and sealed to facilitate the ballasting of the vessel. No petroleum surface sheen shall be allowable on the sea surface during or after vessel deployment.

6.5. The Contractor shall ensure that peeling/flaking paint (and anything likely to come off during the sinking process) is scraped off and removed to an appropriate land disposal site.

6.6. The Contractor shall ensure removal and proper disposal of materials, including recycling where possible, throughout the Freighter “Borocho” of all electrical wiring, electric panel boxes, lights, pipe blanket insulation, plastic material, tire and other rubber hull bumpers, wood paneling, wood cabinets and counters, plywood sheeting, bulkhead and overhead insulation and panels, glass windows, gaskets; galley appliances, including sinks, stoves, refrigeration units; crew quarters furnishings including sink and head; all machinery, including motors, fans, generators, central air unit, but excluding the main engine and transmission.

6.7. The Contractor shall cut and remove all doors and hatches or weld all doors and hatches to a fully open or closed position to minimize entrapment in accordance with the Tow and Sink Plans approved by the Commission.

6.8. The Contractor shall remove all exterior outer railings and any loose wire cable or hawsers remaining on deck to minimize cumulative loss of fishing gear and entanglements.

6.9. The vessel’s propeller, propeller shaft, and rudder are allowed to remain in place, and the vessel hull and superstructure are to remain intact to the maximum extent possible. Any through-hull openings required for the non-explosive sinking of the vessel shall be cut in accordance with the Commission-approved Tow and Sink Plans.

6.10. The Commission must approve in advance any hull or superstructure modifications proposed by the

Contractor.

6.11. The Contractor shall use operational pumps of suitable size and horsepower for dewatering the vessel if the vessel takes on water prematurely during cleaning, preparing, and towing of the vessel for deployment.

6.12. The Contractor must notify the Commission Contract Manager once the vessel remediation is completed for a vessel inspection, and once the inspection by the US Coast Guard Materials Safety

Office is completed.

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6.13. The Commission shall conduct a formal, on-site inspection for pollutants and seaworthiness prior to approval and pre-deployment. Once fully approved by the Commission, the Commission will issue the Notice to Proceed with Phase 3 for reef deployment (Attachment F).

6.14. The Contractor shall remove any additional materials as directed by the Commission following the inspection.

7. TOW AND SINK PLANS, CARGO MANIFEST

7.1. The Contractor must provide the Dead-Ship Tow Plan (Attachment G) for the Freighter “Borocho” approved by the US. Coast Guard for towing to the permit site in Martin County.

7.2. The Contractor must provide the Dead-Ship Tow and Sink Plans for the Freighter “Borocho” in writing to the Commission’s Contract/Project Manager for review and approval at a minimum of two weeks prior to vessel deployment. The Sink Plan must include the following details:

7.2.1. No explosives shall be utilized in the sinking of the vessel; instead, it will be sunk by controlled flooding.

7.2.2. Describe the methods used to ensure the vessel is deployed at the target coordinates.

7.2.3. Describe the size and location of holes to be cut through the bulkheads, decking, and through the hull above and below the waterline as may be required to allow escape of air and facilitate the sinking process.

7.2.4. Describe the physical method proposed to initiate sinking (for example opening sea cocks, flooding from external pumps, through hull holes cut at the sink site below the water line, or a combination thereof, etc.).

7.2.5. Describe deployment plans for the Freighter “Borocho” for the use of operational gas-powered pumps, suitable for dewatering the vessel if the vessel takes on water prematurely during transportation.

7.3. The Contractor shall complete and submit the FWC Artificial Reef Cargo Manifest form (Composite

Exhibit III) to the Commission according to the US Army Corps of Engineer permit and the form shall be maintained onboard the towing vessel at all times during the offshore transport of the

Freighter “Borocho”. The form is also available on the FWC’s website:

https://myfwc.com/media/4890/fwcartificialreefcargomanifest.pdf

8. VESSEL TOWING TO MARTIN COUNTY AND DEPLOYMENT AND MATERIALS PLACEMENT

(PHASE 3)

8.1. Vessel towing and deployment shall not commence without the Commission’s approval (Written

Notice to Proceed with Phase 3 for towing and deployment; Attachment F).

8.2. The vessel shall be sunk without the use of explosives and in accordance with the Tow and Sink

Plans approved by the Commission.

https://myfwc.com/media/4890/fwcartificialreefcargomanifest.pdf

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8.3. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel and shall include the necessary personnel and equipment to safely transport and deploy the Freighter

“Borocho”.

8.4. The Freighter “Borocho” must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area.

8.5. The deployment shall occur at a designated location within the boundaries of the Sirotkin- artificial reef permitted area (SAJ-2021-00027 (SP – CGK)) (Composite Exhibit II) approximately 6.4 nautical miles northeast of the St. Lucie Inlet in federal waters of the Atlantic Ocean at 27° 12.372’ N and

80° 00.282’ W (depth of 215 feet).

8.6. The Commission will not pay for materials (Freighter Borocho) if placed outside the permit area as described above. Precise GPS placement is important to ensure the reef is constructed within the permitted area.

8.7. During the deployment of the Freighter “Borocho,” the vessel must be effectively moored through the use of the ship’s anchor(s) of appropriate size to hold in place the vessel and with…