FWC 21-22-129 Addendum 1.docx

Florida Fish and Wildlife Conservation Commission

Commissioners Rodney Barreto Chairman Coral Gables

Steven Hudson Vice Chairman Fort Lauderdale

Gary Lester Oxford

Albert Maury Coral Gables

Gary Nicklaus Jupiter

Sonya Rood St. Augustine

Robert A. Spottswood Key West

Office of the Executive Director Eric Sutton Executive Director

Thomas H. Eason, Ph.D.

Assistant Executive Director

Jennifer Fitzwater Chief of Staff

850-487-3796

850-921-5786 FAX

Finance and Budget Office

(850) 488-6551

Managing fish and wildlife resources for their long-term well-being and the benefit of people.

620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: 850-488-4676

Hearing/speech-impaired:

800-955-8771 (T) 800 955-8770 (V)

MyFWC.com

The enclosed addendum has been issued for consideration in the preparation of your response to the Florida Fish and Wildlife Conservation Commission’s (FWC) Solicitation No. FWC 21/22-129, “Title”.

All responses to the subject solicitation must be received no later than 10:30 AM (ET) on Wednesday, September 7, 2022.

A response received after the exact time specified will not be considered. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes (F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Written notices, formal requests and proceedings must conform with the requirements set forth in Chapter 28-110, Florida Administrative Code (F.A.C.). Protests must be filed with the Purchasing Office, Fish and Wildlife Conservation Commission, 1875 Orange Avenue East, Tallahassee, Florida 32311-6160 within the time prescribed in Section 120.57(3), F.S. and Chapter 28-110, F.A.C.

Sincerely, Christopher Melkun, FWC Procurement Manager

BEGIN ADDENDUM

Scope of Work

FWC FY-#

Title

1. Purpose This project will be for the removal from waters of this State, destruction, and disposal of eleven (11) derelict vessels within the jurisdiction of Monroe County, Florida.

2. 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.

3. FINANCIAL CONSEQUENCES

The Contractor is required to follow the provisions within this scope of work and as indicated in the Purchase Order issued. Failure by the Contractor to complete the project within the timeframe specified in the Purchase Order, or to complete the required tasks as specified in the Purchase Order in a satisfactory manner, will result in the Contractor being charged liquidated damages. Liquidated damages in the amount of $500.00 per day will be assessed until the project is satisfactorily completed as determined by the contract manager. Failure by the Contractor to complete a task within the project in a satisfactory manner will result in non-payment for the unsatisfactory task within the project in addition to the withholding of 10% of total project invoice for failing to complete the project in its entirety.

4. GENERAL TERMS

4.1 Project funding is provided by the American Rescue Plan Act (ARPA) of 2021 and is subject to the terms and conditions stated in Section 7, Federal Funding, of the Purchase Order Terms & Conditions (Attachment A).

4.2 Successful Respondents must have a valid DUNS or Unique Entity Identifier Number (UEI) registered with the Federal System for Award Management (SAM) prior to any work being issued via Purchase Order.

4.3 After receipt of the issued Purchase Order the Contractor shall notify the FWC Contract Manager by email of 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.

4.4 The work covered by this scope of work (SOW) includes the complete removal from the waters of this State, destruction, 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 vessel and all parts of the vessel in an authorized landfill facility.

4.5 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 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, destruction, and disposal in an authorized landfill facility to the FWC Contract Manager, as provided herein.

4.6 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 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.

4.7 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).

4.8 The Contractor shall notify the FWC Contract Manager10 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 Contract Manager.

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

4.10 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.

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

4.12 The nature of the vessels being removed is such that an owner or other private party can bring them into compliance with the law or remove them from the waters of this State and make removal under this solicitation unnecessary. If it becomes apparent that a vessel no longer needs to be removed as part of this project before the responses are opened, the Commission will issue an amendment, to include a new cost sheet, and allow time for modified responses.

4.13 If the responses have already been opened, Contractor understands that the Contract amount will be reduced by the amount of any vessel removed from the waters of this State by a private partyor brought into compliance with the law by a private party, after responses are opened but before removal by the Contractor.

5. VESSEL REMOVAL AND ENVIRONMENTAL PROTECTION REQUIREMENTS

5.1. 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.

5.2. 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.

5.3. 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.

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

5.4.1. 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.

5.4.2. 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.

5.4.3. 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).

5.4.4. 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).

5.4.5. The Contractor is to photo-document all removals as described herein with pictures taken before, during and after removal. The Contractor will provide monthly progress reports of all removal activities. Photographs taken by the Contractor must include, at a minimum, on-water pictures of each vessel, pulling of each vessel, destruction of each vessel, and final resting place of each vessel. The Contractor shall be required to document the location of final disposition, disposal site EPA number, disposal weight ticket, and dumpster ticket.

6. DERELICT OR OTHER AUTHORIZED VESSEL DISPOSAL REQUIREMENTS

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.

7. DOCUMENATION TO BE COLLECTED AND PROVIDED BY CONTRACTOR

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.

8. COORDINATION AND COMMUNICATIONS WITH FWC

8.1. 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.)

8.2. 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.

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

8.4. The Contractor shall submit monthly progress reports to the FWC Contract Manager using the Contractor Monthly Progress Report form (Attachment L).

9. COORDINATION WITH LOCAL, STATE, AND FEDERAL AGENCIES

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

10. VESSEL RELOCATION

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:

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

10.2. Towing of the vessel.

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

10.4. Refloating of the vessel if it sinks.

10.5. 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

ATTACHMENT J

FWC 21/22-129

BEST MANAGEMENT PRACTICES FOR DV, AT RISK/PUBLIC NUISANCE AND VTIP REMOVAL PROJECTS

Derelict, At Risk/Public Nuisance and VTIP Vessel Removal Process

Derelict, At Risk/Public Nuisance and VTIP vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and aesthetic nuisances. Typically, these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the long-term effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time, the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore, the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment.

Derelict Vessel Removal (FDEP) Permit Exemption

An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at its current location. The environmental impacts are ameliorated by the application of the best management practices referenced below.

Florida Administrative Code Chapter 62-330-051(5)(g)

(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided:

The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.

General Derelict Vessel Removal and Environmental Protection Best Management Practices. These also apply to At Risk/Public Nuisance and VTIP vessels.

The following best management practices (BMP’s) will be employed by the marine contractor during the removal of derelict or other vessels. These BMP’s will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BMP requirements with their contingency of equipment, staff, and expertise in the removal of derelict vessels.

Compliance with these BMP’s will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP’s are as follows:

a. All Work Is to Meet the Following Requirements:

1. Operations are to be limited to daylight hours.

2. Operations are to be staged from an upland area.

3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict, At Risk/Public Nuisance or VTIP vessel site.

4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected.

5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed.

6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway.

7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site (where necessary).

8. The Contractor is to monitor turbidity levels throughout removal work.

9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict vessel from the water.

10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre-project condition prior to removal of turbidity measures.

11. The dragging of vessels is to be avoided both on and offshore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground.

12. The Contractor will load derelict vessels onto a barge and/or flatbed truck (or similar) for proper disposal.

13. The Contractor is to photo-document all removals as described in SOW Section 7 with pictures taken before, during and after removal. The Contractor will provide a monthly progress report of all removal activities.

b. For Derelict Vessels That Are Floating or Lightly Aground:

1. The vessel is to be pumped out as needed and extracted (floated out) during high water.

2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas.

c. For Derelict Vessels That Are Hard Aground:

1. The vessel is to be approached using shallow draft vessels.

2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas.

d. For Derelict Vessels Sunken in Shallow Water:

1. Install and inflate flotation bags as needed.

2. Lift the vessel with barge mounted crane or similar equipment.

END ADDENDUM

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