FWC 21.22-75 A#2 QA Final.pdf

FWC 2

Florida Fish and Wildlife Conservation Commission

Commissioners

Rodney Barreto

Chairman Coral Gables

Michael W. Sole Vice Chairman Tequesta

Steven Hudson Fort Lauderdale

Gary Lester Oxford

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

Mana gin g fish and wildlife resourc e s for their long-te rm well-b ei n g and the benefi t of peopl e .

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

DATE: JUNE 1, 2022

ADDENDUM NO.: 2

BID NO.: FWC 21/22-75

BID TITLE: DERELICT, AT-RISK/PUBLIC NUISANCE AND VESSEL TURN

IN PROGRAM (VTIP) VESSEL REMOVAL FROM WATERS OF

THIS STATE, DESTRUCTION, AND DISPOSAL

UPDATE: QUESTIONS AND ANSWERS

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 21/22-75, “Derelict, At-Risk/Public Nuisance and

Vessel Turn In Program (VTIP) Removal from Waters of this State, Destruction, and Disposal”.

All responses to the subject solicitation must be received no later than 2:00

PM (ET) on Wednesday, June 29, 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, Ruth Heggen

FWC Procurement Manager

FWC 21/22-75, Addendum #2, Page 1 of 7

BEGIN ADDENDUM #2

QUESTIONS AND ANSWERS

Question #1: We would like a clear and concise ruling on this and if FWC will be requiring this for the contract will it be a 3 or 4 man team as well as what conditions will they be needed. We have done contracts without needing the OSHA dive teams as well as ones that require them for any in water operations.

That being said a shallow grounded or sunken vessel in 3’ of water would then still require that team which is a major daily expense.

Answer #1: The program requires that all State, Federal and local laws be followed and are the responsibility of the awarded contractor. They will need to determine on their pre-award site visit which vessels will require a dive teams and that it follows OSHA protocols. For vessels not requiring a dive team, this is not required.

Question #2: If in the event you had a catastrophic hurricane or storm that caused a big job in an area of which I was not a vendor for would you be pulling other vendors from other areas to help out in those locations? Is that possible or should I submit this bid packet for the whole state?

Answer #2: Contractors awarded under RFP FWC 21/22-75 will be considered for emergency operations, as available, and other contractors outside of the

RFP FWC 21/22-75 may be used during emergency situations, following execution of executive orders.

Question #3: Will the following maritime insurance be required?:

1. USLH (Federal)

2. Joes Act (Federal)

3. Longshoreman (Federal)

4. Pollution (State & Federal)

5. Commercial Dive Insurance

If required, what are the dollar limits of the above listed insurance?

Answer #3: There is not a requirement to have any or all of the listed insurance above.

The Contractor must follow all state and federal rules. Section 4 on liability in the Purchase Order Terms and Conditions states the Contractor must maintain adequate insurance coverage, not getting enough insurance coverage, does not absolve the contractor of responsibility.

Question #4: If divers are required to secure the derelict vessels, will OSHA compliant divers (hardhat divers, commercial certified divers, communication & three-man dive team) be required?

Answer #4: Contractors are required to comply with all relevant OSHA requirements.

FWC 21/22-75, Addendum #2, Page 2 of 7

Question #5: Does the State of Florida require the contractors to have an active contractor’s license?

Answer #5: All contractors must follow state and local laws for operating as a business.

No state license for vessel salvage is required.

Question #6: Please provide a copy of the required wage rates.

Answer #6: There is not a required wage rates, other than following all state and federal rules.

Question #7: Will wage rates be reported using form WH-347?

Answer #7: WH-347 is not applicable for vessel removal operations.

Question #8: The bid form is separated into different geographic regions. Each region includes several different counties. Kearns Construction Company is headquartered in Miami Dade County. We have a different mobilization cost to travel to different counties outside of Miami Dade County. May the contractors provide a separate bid form for each individual county?

Answer #8: No. Rates provided will apply to all counties in the Region. Please see notes in the RFP regarding mobilization rates.

Question #9: May contractors list different mobilization cost for each county?

Answer #9: No. Rates provided will apply to all counties in the Region. Please see notes in the RFP regarding mobilization rates.

Question #10: As discussed at today’s pre-bid meeting, Kearns Construction Company may not have navigable access to all derelict vessels. For example, access to derelict vessels can be restricted by low bridges. Kearns Construction

Company owns and operates large barges. Our barges are too big to pass thru small, fixed bridges. How do we qualify our unit price proposal to exclude areas that are not accessible with our big equipment?

Answer #10: You are not required to respond to all Request for Quotes. If your equipment does not work for a specific project, do not submit a Quote.

Questions #11: Prior to the commencement of each project, will the State provide a location and description of each derelict vessel prior to the final bid?

Answer #11: Yes. Request for Quotes will contain information including the location and description of each vessel(s) being bid on.

Question #12: Will the State secure authorization to remove the derelict vessels?

FWC 21/22-75, Addendum #2, Page 3 of 7

Answer #12: Yes. All vessels to be removed in the Scope of Work will be legally authorized for removal by law enforcement, however some vessel removals may require additional environmental permitting by Contractor. FWC will not provide environmental permits for the vessel removals in the RFP FWC 21/22-75, see General Condition, Permitting section on page 12.

Question #13: Will this contract be used for Hurricane event clean ups? About eight weeks after Hurricane Irma, the U.S. Government Federalized the removal of derelict vessels in Monroe and Miami Dade County. Consequently, the existing private and local government contracts to remove derelict vessels were voided. After a hurricane event, will this contract be superseded and replaced by a Federal Government contract?

Answer #13: FWC cannot predict what will happen and how each catastrophic event will be handled. FWC will coordinate with local, state, and federal agencies to develop a plan in the event of a catastrophic event. Please refer to Question

#2 above.

Question #14: How many contractors will be bidding on any individual job at one time?

Answer #14: This will be determined based on the number of respondents that are awarded for a specific region. FWC will send out the Request for Quote to the all the awarded contractors in the specific region for a response including a deadline for the response.

Question #15: Are there pre-approved Disaster Debris Management sites (DDMS) in each county and if so, will the state provided that information and would those locations have the WACS and EPA already approved?

Answer #15: Contractors are responsible for securing and permitting DDMS sites.

Question #16: Will the contractor be allowed to do the demolition on a barge and place the debris in dumpsters?

Answer #16: Yes. All removed vessels must then be disposed of in a proper landfill.

Question #17: In Section 9, page 18 of the contract states the contractor is responsible for all cost and liabilities associated with towing the vessel but there is a conflict between the relocation sections 9, page 17 and the payment request on page

18, section 10 where it ask the per hour fee for towing the vessel. Our question would be, is there an extra charge for towing the vessel to the destruction site or is the contractor responsible for the cost of towing the vessel?

FWC 21/22-75, Addendum #2, Page 4 of 7

Answer #17: Towing on water is for towing a floating vessel from the found on water location to the removal from water site (example boat ramp or marina haul out).

The contractor is responsible for all costs associated with the towing from the removal from water site to the DDMS location.

Question #18: On page 19 section 10.2.13, this section mentions topping documents. If we use a container contractor will the receipt from the contractor be sufficient instead of tipping document from land fill?

Answer #18: Yes, but you must specify what percentage (%) each vessel occupies in each container on your invoice.

Question #19: Does the state allow for removal of derelict vessels during daylight hours on weekends?

Answer #19: Yes.

Question #20: Page 31 – Best Management Practices

a. Typical best management practices does not allow the use of excavator with grappling hooks to remove vessel from the water. This contract does not specific if that is allowed or not. Based on our experience, it should be specified if allowed. Our recommendation the contract prohibits this method and states the vessel should be removed as whole condition as possible.

Answer #20: Vessels should always be removed as a whole, whenever possible, following

BMPs. The Contractor is responsible for removing the vessel in its entirety and the Contractor may determine the best method for removal that will not cause damage to the environment.

Question #21: Does the state consider black and gray water to be hazardous? If so, how does the state expect disposal documentation? What documentation does the state require?

Answer #21: Black/grey water must be disposed of through proper disposal procedures with an invoice submitted for the number of gallons disposed.

Question #22: As clarification, based on Attachment A, section E. If a contractor finds a subcontractor for a certain derelict vessel removal that would be better suited for that specific event, as long as we request written consent from the commission, we can use that subcontractor, correct?

Answer #22: Yes, subcontractors may be used. All subcontractors must meet the same contractor criteria as required for the awarded contractor.

FWC 21/22-75, Addendum #2, Page 5 of 7

Question #23: Who will determined and how will it be determined what the damage to the natural resources in the mangroves, bay bottom and coral reef be? How will that be assessed?

Additionally, when damages are inevitable in the removal of a vessel how is the contractor going to protect themselves from this liability?

Answer #23: Contactor is ultimately responsible. BMPs should be followed.

Question #24: Mobilization and Demobilization

a. Can the state clarify if the year 1 price is the amount per request for removal and not a onetime total cost for the entire year?

b. Mobilization cost are significantly different for land base response or a tug and barge response. Can the contract specific what equipment the

Mob and demob will be for?

Answer #24: a. The year 1 price is a maximum ceiling rate that will be used on a per quote basis for each project quoted. It is not a one-time total cost for the entire year for all quotes/projects.

b. As stated on the cost sheet mobilization/demobilization includes transport of equipment, personnel, vehicles, land-based staging sites, on-water mob/demob of all vessels associated with a project) NOTE:

Mobilization/demobilization prices will be a maximum ceiling rate.

Based on the specifics of a project, Respondents may propose a lower rate in a Quote.

Question #25: Is it the states intention to have a sunken vessel removal fee and a barge and crane fee for the same wreck removal event? This will give a non-barge contractor a significant advantage with the cost points.

Answer #25: No. The expectation would be for one of the fees to be used, not both sunken vessel removal fee and barge and crane fee for the same removal event

(vessel). The equipment needed to complete the removal project will be at the discretion of the contractor completing the removal.

Question #26: These questions being submitted, will everyone have the ability to see who asked which questions?

Answer #26: All of the questions received will be listed with FWC’s answers but the name of the vendors who asked the questions is not listed.

Question #27: How will you treat companies that want to team together for this? Is it acceptable for two or more firms with a team agreement to submit a proposal together?

Answer #27: Companies may team together to submit one response. A copy of the agreement between the teams must be submitted with the response.

FWC 21/22-75, Addendum #2, Page 6 of 7

Question #28: Is it acceptable to a firm to submit as both a prime contractor and a subcontractor?

Answer #28: Firms may submit as a prime contractor in one region and a subcontractor in a separate region but not as a prime and subcontractor in the same region.

Question #29: Is this a new contract or has a similar contract been previously awarded? If there is a current or previously awarded similar contract:

a. Who is/are the current (or previous, if there is no current) contract holder(s)?

b. Would you please provide copies of the current contract (or previous, if there is no current) holder submittals, including fee schedules?

c. How much work have the current contracts produced in the past year?

Answer #29: This is a new RFP for the solicitation of vendors for statewide vessel removal projects.

Question #30: What is the anticipated annual budget for this contract?

Answer #30: The annual budget for this contract i s unknown at this time. The budget will be based on the number of projects awarded.

Question #31: What is the funding source for this contract?

Answer #31: There are multiple funding sources for this RFP, both state and federal funds will be used on projects, as stated in section 2.13 page 15 some of the project will be funded by the American Rescue Act (ARPA) funds.

Question #32: Does the Davis Bacon Wage Act apply to this contract?

Answer #32: Davis Bacon Wage Act does not apply to this solicitation.

Question #33: Would you please provide the cost sheets (Attachment G) in Excel?

Answer #33: No. Documents can only be posted on the Vendor Information Portal in pdf.

Question #34: Would you please provide the following in editable form (Word):

a. Attachment C: List of Subcontractors

b. Attachment D: References

c. Attachment E: Experience

d. Attachment F: Contractor-Owned Equipment List

Answer #34: No. Documents can only be posted on the Vendor Information Portal in pdf.

Question #35: Can references (Attachment D) and experience (Attachment E) include a blend of prime contractor and subcontractor references/experiences?

Answer #35: No, the references and experience need to be submitted for the prime contractor.

FWC 21/22-75, Addendum #2, Page 7 of 7

Question #36: Page 11 denotes $500 per day liquidated damages. What are the liquidated damages based on?

Answer #36: Failure to timely perform the scope of work in its entirety.

Question #37: Are submittals limited to the forms provided/required or is it acceptable to

a. Expand those forms to include additional information for each applicable form (i.e. references, more experiences)?

b. Provide supplemental attachments/information?

Answer #37: Respondents must not alter forms. Only requested/required information should be submitted as that is the only information that will be evaluated.

Question #38: Attachment E. What specific information do you expect for each listed experience?

Answer #38: See MANDATORY RESPONSIVENESS REQUIREMENTS FOR

RESPONSE SUBMISSION section, TAB C as well as the instructions on

Attachment E.

Question #39: Attachment I. Executive Order 20-44 Attestation Form is included in the

RFP package. Should respondents include this form with submittals or is this to be completed after award?

Answer #39: Awarded vendors will be required to submit Attachment I annually to FWC by April 1st .

END ADDENDUM #2