FWC 21-22-108 FINAL.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 21/22-108

ST. JOHNS COUNTY DERELICT VESSEL REMOVAL PROJECT

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the removal, destruction, and disposal of four derelict vessels within the jurisdiction of St. Johns 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: _____________________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): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ___________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 2 of 59

CALENDAR OF EVENTS

FWC 21/22-108

SCHEDULE DUE DATE METHOD

Bid Advertised May 12, 2022 Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu

NON-MANDATORY Pre-Bid

Conference

May 25, 2022

@ 11:30 AM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

June 1, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to

Written Questions June 6, 2022

Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu

SEALED BIDS DUE

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

Must be received

PRIOR to:

June 13, 2022

@ 11:30 AM ET

Mailing Address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

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

Public Bid Opening June 13, 2022

@ 11:30 AM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference-

Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award June 16, 2022

Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu http://vbs.dms.state.fl.us/vbs/main_menu

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 3 of 59

GENERAL CONDITIONS

FWC 21/22-108

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 4.18.2022 FWC 21/22-108, Page 4 of 59

PROCUREMENT MANAGER

Christopher Melkun

Christopher.Melkun@MyFWC.com

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 (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.

Non-Mandatory PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held via Conference call on the date and time specified in the

Calendar of Events (Page 2). The purpose of the pre-bid conference is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference 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.

Conference Call Number: 1-888-585-9008

Conference Room number: 218-721-199

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 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 4.18.2022 FWC 21/22-108, Page 5 of 59 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.

Refer to Attachment G for location of vessels.

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.

DEADLINE FOR QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

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

(http://vbs.dms.state.fl.us/vbs/main_menu).

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 INQUIRIES

If the specifications of this Invitation to Bid (ITB) could restrict potential Bidder competition, the Bidder has 72 hours within which to request to the Commission that the specification(s) be changed. The

Procurement Manager must receive the written request within 72 hours after the posting date of the ITB.

Requested changes to the Commission’s specifications shall include the Bidder’s concerns regarding restricting competition, provide detailed justification, and provide recommended changes to the specification(s). A Bidder’s failure to request changes by the prescribed date and time shall be considered to constitute the Bidder’s acceptance of the Commission’s specifications.

The Commission shall determine what change(s) to the ITB is acceptable to the Commission. If accepted, the Commission shall issue an addendum reflecting the change(s) to the ITB, which shall be posted to the

Vendor Bid Advertisement System (http://vbs.dms.state.fl.us/vbs/main_menu).

It is up to the bidder to ensure that everything is included as required by the Commission’s Purchasing

Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Bid packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488-

6551. Please have bid number and Bidder information available when requesting any information.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 6 of 59

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 Bid System internet site. Each Bidder is responsible for monitoring the Vendor Bid System website

(http://vbs.dms.state.fl.us/vbs/main_menu) 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 Bid System.

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.

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

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 7 of 59 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.

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.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 8 of 59

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 Bid System as a Public Notice. The Agency

Decision may be viewed at http://vbs.dms.state.fl.us/vbs/main_menu, 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 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.

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.

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 4.18.2022 FWC 21/22-108, Page 9 of 59

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 $500 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.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the

Commission.

Delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with delivery and shall assume full responsibility for all item(s) damaged prior to the F.O.B.

destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

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”.

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.

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

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 10 of 59

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.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 11 of 59

SCOPE OF WORK

FWC 21/22-108

ST. JOHNS COUNTY DERELICT VESSEL REMOVAL PROJECT

PURPOSE

This project will be for the removal, destruction, and disposal of four () derelict vessels within the jurisdiction of St. Johns County, Florida.

1. INITIAL TERM COMPLETION DATE

Project shall be completed in its entirety by the Contractor no later than one hundred and twenty

(120) days from the date of issuance of the Purchase Order.

2. GENERAL TERMS

2.1 After receipt of the issued Purchase Order the Contractor shall email the FWC Project Manager confirming receipt and acceptance of the Purchase Order 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 scope of work (SOW) includes the complete removal and disposal in an authorized landfill facility of those vessels specifically identified in Attachment G. This SOW requires that the Contractor shall provide all services that may be needed to complete the removal and disposal of all vessels in their entireties. However, the actual SOW for each site/vessel may vary, depending upon the work and equipment needed to complete the removal, destruction, and disposal of the individual vessel and all parts of the vessel in an authorized landfill facility.

2.3 Contractor responsibilities generally include mobilization and demobilization to take into custody all parts of the vessels authorized on Attachment G, on-land staging, provision of both land and water-based vessel transport, vessel decontamination, emergency environmental protection measures, vessel disposal, and related services. Contractor is also responsible for provision of environmental protection measures during vessel transport, destruction, and disposal. Once a vessel is in the Contractor’s custody for destruction and disposal, the Contractor will be responsible for destroying the vessel and transporting the remnants to a properly licensed landfill. Contractor will provide photographic evidence of each vessel’s removal from the waters of the State in its entirety, each vessel’s destruction, and each vessel’s disposal in an authorized landfill facility to the FWC project manager, as provided herein.

2.4 The Contractor shall perform the 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 obtain all necessary local, state, and federal authorizations necessary to complete this project. The Contractor shall be 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. The

Contractor shall procure all supplies and pay 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 fully perform 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 under this Agreement is compromised in any manner during

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 12 of 59 the term. FWC shall take appropriate action, including potential termination, in the event the

Contractor’s ability to perform work outlined in this Agreement becomes compromised.

2.5 The Contractor will coordinate with FWC staff during the pre-project meeting for identification and disposition of each vessel identified on the Authorized Vessel Removal List (Attachment G).

2.6 The Contractor shall notify the FWC project manager 10 days prior to final completion of the project.

FWC staff shall verify that the Contractor has completed all work satisfactorily according to the SOW.

The Contractor’s final invoice cannot be approved prior to vessel removal verifications by FWC staff and approval by the FWC project manager.

2.7 Following final completion of the project, Contractor must submit all daily records and daily logs maintained during the project as required in this SOW.

2.8 Contractor shall submit all daily records and daily logs as required under this SOW, a completed

Certification of Completion Statement (Attachment H), and Invoice (Attachment I) for payment following completion of all work under this Agreement.

2.9 Payment will not be made for any work completed until FWC receives all documentation required by this Agreement.

3. VESSEL REMOVAL AND ENVIRONMENTAL PROTECTION REQUIREMENTS

3.1 The Contractor agrees to adhere to all Best Management Practices for DV, At Risk/Public Nuisance and VTIP Removal Projects (Attachment J). Except as cannot reasonably be avoided through regular, diligent removal efforts, vessels shall be removed from the water and destroyed on land. No vessel shall be intentionally dismantled, broken apart, or destroyed in the water.

3.2 The Contractor will provide all personnel, equipment, and materials necessary to complete work under this agreement including vessels, vehicles, and protective equipment. The Contractor will be responsible for the job site at all times during work covered by this Agreement.

3.3 The Contractor is required to have all local, state, and federal licenses, certifications, and permits required to fulfill each aspect of work under this agreement. FWC will not provide any licenses, permits, or certifications. All required licenses, permits, and certifications must be valid and active for the duration of the work required under this Agreement.

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

3.4.1. All Contractor’s personnel and the personnel of any subcontractors must wear serviceable, USCG-approved personal floatation devices (PFDs) when in, on, or around the water.

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

3.4.3. 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 on-land staging site(s) as an approved Disaster Debris Management Site (DDMS).

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 13 of 59

3.4.4. 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 site(s).

3.4.5. The Contractor is to photo-document all removals as described herein with pictures taken before, during and after removal. The Contractor will provide a daily written report of all removal activities. Photographs taken by the Contractor must include, for each vessel, at a minimum, on-water pictures, pulling of vessel, destruction, and final resting place. The

Contractor shall be required to document the location of final disposition, disposal site EPA number, disposal weight ticket, and dumpster ticket.

4. DERELICT OR OTHER AUTHORIZED VESSEL DISPOSAL REQUIREMENTS

4.1 Vessels shall be minimized/destroyed/crushed on the Contractor’s designated on-land staging site(s) and transported in containers to the approved landfill facility or moved in whole condition to the approved landfill facility and disposed of there in whole. Unless otherwise approved in advance by

FWC, all vessels and parts thereof are to be disposed of in a properly licensed and permitted Class I landfill facility.

5. DOCUMENATION TO BE COLLECTED AND PROVIDED BY CONTRACTOR

5.1 The Contractor is required to provide to FWC proof that each vessel was properly removed from the waters of this State, destroyed, and disposed of. Such documentation includes, at a minimum, a receipt from the receiving landfill facility, 4 pictures of each vessel as found in place (in the water), 2 pictures of the vessel being removed (except that if the vessel has broken apart, a picture of the removal of each piece of the vessel is required), 2 pictures of each vessel staged on land once removed from the water, 2 pictures of each vessel during destruction showing both the destruction and identifying marks on the vessel, and 2 pictures of each vessel’s remnants in disposal container or at the landfill facility, and the completed Demolition and Disposal Sign off Sheet (Attachment

K). Final payment will not be made without all required documentation.

6. COORDINATION AND COMMUNICATIONS WITH FWC

6.1 The Contractor will have a pre-project meeting with FWC no less than 10 days prior to starting any work. At this meeting, the Contractor will provide a tentative schedule to the FWC representative that describes when the removal work will take place and how long it will take to complete. This meeting may be held through virtual means at FWC’s discretion. (TEAMS, Skype, Zoom, teleconference, etc.)

6.2 Recognizing that weather and other considerations may delay vessel removal operations, the

Contractor must regularly communicate with FWC regarding any delays in work required under the

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

6.3 Advance notice of at least 5 days will be provided to FWC before any work is started.

6.4 The Contractor shall submit monthly progress reports to the FWC project manager using the

Contractor Monthly Progress Report form (Attachment L).

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 14 of 59

7. COORDINATION WITH LOCAL, STATE, AND FEDERAL AGENCIES

7.1 The Contractor will be solely responsible for coordinating all work with local, state, and federal agencies as required.

8. VESSEL RELOCATION

8.1 The Contractor is responsible for all costs and liabilities associated with moving each vessel from its current location to any other location for final removal, destruction, and disposal work. This includes, but is not limited to, the following:

8.1.1. Complying with federal, state, or local requirements that govern the vessel relocation.

8.1.2. Towing of the vessel.

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

8.1.4. Refloating of the vessel if it sinks.

8.1.5. Repair and/or mitigation of environmental or other damages caused during relocation activities.

ATTACHMENT LIST

Attachment G – Authorized Vessel Removal List

Attachment H – Certification of Completion Form

Attachment I – Sample Invoice

Attachment J – Vessel Removal Best Management Practices (BMPs)

Attachment K – Demolition and Disposal Sign off Sheet

Attachment L – Monthly Progress Report

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 15 of 59

PRICE SHEET

FWC 21/22-108

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project per the Scope of Work to include but not limited to mobilization, demobilization, staging, permitting, removal, transport, disposal, and all other related environmental measures.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL PRICE.

Line Line Description Unit Price

1 Case #: SJSO20OFF002780

Description: White/Blue 55’ St. Augustine Commercial Trawler, Reg: DO289170, HIN: 289170

Location: 29 50.9523(N) / 081 18.24528 (W), Intracoastal Waterway, St. Johns County, Florida.

Disposal: Dispose of in authorized landfill facility

Vessel Designation: Derelict Vessel

2 Case #: FWCC21OFF013113

Description: White 32’ Down East Yachts Sailboat, Reg: FL2785NL, HIN: AAY0009027632

Location: 29 51.009 (N) / 081 18.01002 (W), ICW South of SR13 Bridge, East of Douglas Crane Mooring Field, St.

Johns County, Florida.

Disposal: Dispose of in authorized landfill facility

Vessel Designation: Derelict Vessel

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 16 of 59

Case #: FWCC21OFF013326

Description: White 33’ Albin Trawler, Reg: FL9878JY, HIN: XHU33117M79C

Location: 29 50.76402 (N) / 081 18.24102 (W), South end of Douglas Crane Anchorage, St. Johns County, Florida.

Disposal: Dispose of in authorized landfill facility

Vessel Designation: Derelict Vessel

4 Case #: FWCC21OFF018468

Description: White/Red 26’ CLK Sailboat, Reg: WV3764Y, HIN: CLK0019M79D

Location: 29 51.03498 (N) / 081 18.36198 (W), Douglas Crane Mooring Field south of SR 312 Bridge west, St.

Johns County, Florida.

Disposal: Dispose of in authorized landfill facility

Vessel Designation: Derelict Vessel

Total of Lines 1-4:

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH

THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY

AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF FREEDOM OF COMPETITION.

Contractor: ___________________________

Address: _____________________________

Signed: _______________________________

Print Name: __________________________

Title: ________________________________

Fax: _________________________________

City/State/Zip: ________________________

Telephone: ___________________________

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 17 of 59

REFERENCES

FWC 21/22-108

A minimum of three (3) references from persons or firms for whom the bidder has performed similar jobs as per the specifications in this bid must be supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 18 of 59

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 19 of 59

ATTACHMENT A

FWC 21/22-108

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: February 16, 2022

Section 1. PURCHASE ORDER.

A. Composition and Priority.

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract

Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term.

Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the

Purchase Order end date.

Section 2. PERFORMANCE.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of

Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the

Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time frame specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.

The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the

Contractor may invoice the Commission for the retained amount during the next billing period. If the

Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities.

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 21/22-108, Page 20 of 59

Purchase Order must comply with all security and administrative requirements of the Commission.

The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission’s security or other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Purchase Order. The Commission may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.

D. Assignment.

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the

Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the

Commission expressly waives such secondary liability. The Commission may assign the Purchase

Order with prior written notice to the Contractor.

E. Damages to State Property.

Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor…