1. BACKGROUND. The City of Tampa works in conjunction with local and state agencies to address ‘at risk’ vessels’ (Florida Statute § 327.4107) and ‘derelict’ vessels (Florida Statute § 823.11). The services requested herein are related to the authority granted to the City of Tampa Police Department (TPD) via Florida Statute

§ 327.4107 and City of Tampa Parks and Recreation Department under City Ordinances 14 and 16-69. City of Tampa Ordinance Chapter 14, Boats, Docks, and Waterways

2. SCOPE OF WORK. The City is seeking a qualified contractor(s) to be responsible for the removal/towing, storage, or disposition of select vessels as identified by TPD or another participating city department on an as-needed basis. The contractor(s) selected will be responsible for all required licenses, certificates, permits and insurance needed to complete these services. All work activities associated with the removal, towing, storage, and disposal of vessels are to be coordinated with the Department requesting the removal.

3. SPECIFICATIONS.

Contractor Responsibilities: All procedures must comply with all Federal, State, and Local Laws and

Regulations. The Contractor will be responsible for the following:

A. Included Services: Services shall include the labor, mobilization, transport, preparation of vessels for removal/towing, storage and/or disposal, all landfill disposal fees, photographs, and any pollutant removal and disposal.

B. Supplies and Equipment: The Contractor shall be responsible for providing all fuel, supplies, materials, equipment, vehicles, vessels, tools, drivers, and personal protective equipment for the removal/towing, storage, and/or disposal of targeted vessels. Furthermore, Contractor will provide all related materials as required by Federal, State and Local Laws and Regulations. The Contractor will provide in detail a list of supplies, equipment, and procedures utilized during this contract with response.

C. Work Plan: The Contractor shall submit a work plan and procedures for removal/towing, storage, and/or disposal of targeted vessels to be reviewed and approved by a designated city representative before the authorization for service is granted. The plan shall include details for vessel removal and include a plan for the handling of water quality issues and pollutants. Work shall be scheduled as soon as possible when contacted by the City. Work is expected to be completed within five (5) business days unless otherwise mutually agreed.

D. Operational and Strategy Meetings: The Contractor will attend operation and strategy meetings as required by the city and other appropriate parties throughout the term of the contract.

E. Removal/Towing: Includes vessels located at city docks or marinas that have become submerged, are shallow/near shore, having docking permit revoked or have been deposited on the shoreline or uplands within the navigable waters of the City of Tampa, as defined in City of Tampa Code of Ordinances, Chapters 14 and 16. Removal includes any vessel add-ons, affixed to, or detached and associated displaced debris within 300 feet radius from the main body of the vessel.

It is the Contractor’s responsibility to ensure that all permits or permissions necessary to provide the services required be obtained.

To be compensated for the removal of targeted vessels, the entire vessel must be removed from the keel up.

F. Emergency Removal/Towing: The Contractor shall mobilize forces and equipment to begin removal/towing activities within forty-eight (48) hours of notice and authorization from TPD or other participating city department such as Parks and Recreation dept., which could include work during nighttime, weekends, or holidays. In this case, a supplemental lump sum emergency mobilization fee per project is allowed. The TPD shall identify all emergency vessels to be removed.

G. Health and Safety: The Contractor will be responsible for the health and safety of its employees, and for ensuring that work is performed in compliance with all FL-OSHA, State, Federal and Local requirements, laws, statutes, codes, rules, and regulations including but not limited to 29 CFR 1910.120

(Hazardous Waste Operations and Emergency Response) and 29 CFR 1910.401, Subpart T, Commercial

Diving (if applicable). The Contractor should utilize safety signs, warning lights, temporary barriers, dive flags, or other types of markers around work areas as needed to protect the public and worker safety.

H. Environmental Impact: Work shall be conducted using appropriate Best Management Practices (BMP's) to prevent turbidity/siltation/water quality violations and prevent damage to wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMPs shall be based on Florida Department of

Environmental Protection (FDEP) erosion control and turbidity prevention measures.

Contractors shall not disturb, trim, cut back or remove mangrove vegetation without permission from the

City of Tampa. Other vegetation may be removed and disposed of or transplanted as may be required by law. The Contractor must be aware of any protected vegetation laws. In addition, Contractor must be aware of, and comply with, any laws regarding endangered species of vegetation or animals in or surrounding the targeted vessel(s).

The City may require the Contractor to provide and properly install turbidity control devices around each vessel to prevent sediment and/or pollutants from escaping the work area. Vessels shall be removed with no impact on the coastal environment. Contractor is responsible for any damage to the environment which occurs as a result of work related to the removal. Any environmental impacts which have occurred prior to the start of removal work shall be documented with pre-removal photographs. Contractor should place and maintain all necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to prework condition.

I. License Requirement for Commercial Vessel Operation: The Contractor will ensure that the owner/operator of any un-inspected towing vessel at least 26 feet in length, used in this project to remove vessels and other equipment, is in possession of at least a United States Coast Guard Issued “OUTV”

(Operator Un-inspected Towing Vessel) License per Coast Guard Regulations. (Regulation 46 U.S.C.

2101 (42))

J. Hazardous Materials onboard Abandoned Vessels: Targeted vessels may have an engine, battery, fuel, oil, or other hazardous items aboard. It is the responsibility of the Contractor to remove and properly dispose of any hazardous materials from vessels that meet these criteria. If the Contractor becomes aware of a hazardous substance spill, the Contractor must take immediate and appropriate action as it shall be the Contractor’s responsibility to prevent, contain, or minimize a spill of a hazardous substance. If the spill is found to be a result of the Contractor’s actions or negligence, the Contractor shall be held liable.

Contractor shall determine if vessel contains pollutants that could be harmful to the environment if discharged during removal operations; remove pollutants prior to moving vessel and provide proper legal disposal and furnish the City Representative with receipts documenting pollutant disposal. If any pollutant discharge occurs, Contractor shall immediately report this to the appropriate authorities, in addition to employing proper containment measures. Pollutants include, but are not limited to motor/vessel fuels, oils and lead acid batteries. Containment booms and recoverable absorbent materials shall be available for spill response to contain and recover fuel or oil discharges that could occur during vessel recovery.

K. Waste Manifest and Bill of Lading: The Contractor handling the disposition of the targeted vessel(s) will prepare a manifest. Full responsibility is the Contractor’s. A “sign off” by the County’s Environmental

Health HAZMAT Division will be required only when Hazardous Materials Incident occurs. All other

Manifest or Bill of Lading will be “signed off” by TPD.

L. Treatment Storage and Disposal Facilities (TSDF): It is the responsibility of the Contractor to select the

Treatment Storage and Disposal Facility necessary to intake vessels containing hazardous waste(s).

Contractor shall provide to the City all required certificates of such site(s) with submittal.

The City shall not be responsible for additional costs incurred as a result of the TSDF refusing to take waste from the Contractor.

M. Recycling: The City encourages the recycling of materials when feasible. The Contractor shall have the option of recycling any materials of the vessel.

N. Disposal: Vessels must be disposed of at the City of Tampa’s Solid Waste Class Ill landfill or any Class

III landfill preapproved by the City of Tampa. Contractor must remove all contaminants from the vessel and remove any items not accepted at the landfill and dispose of properly and in accordance with all appropriate regulatory requirements. Contractor is responsible for preparing the vessel for disposal, transportation of the vessel to the landfill, and all disposal fees.

Contractor shall provide TPD with a copy of landfill disposal receipts for each vessel, and any receipts for pollutant disposal or recycled materials, along with the photographs documenting destruction of the vessel. This documentation as well as all photos taken of the entire removal process shall be included in the post-removal reports submitted to TPD.

O. Storage: Vessels must be maintained in the same condition in which they were accepted until disposal process is complete.

Contractor must have an established, principal storage facility within the Tampa Bay area. The Contractor will be required to provide proof of ownership and/or valid lease agreements for the physical facility and property. The Contractor must maintain these agreements during the entirety of the contract term.

The Contractor’s storage facility will include a working alarm system to prevent unauthorized access, and the facility property must be completely encircled by secure fencing, not less than six feet (6’) in height.

The top of any fence or wall enclosure, including gate(s)/door(s), or open areas without a roof, shall be equipped with at least twelve inches (12”) of barbed wire, or similar anti-intrusion barrier, which shall be installed in such a manner to discourage unauthorized entry. The Contractor will be responsible for ensuring overall security of the property.

Contractor’s facilities will be configured to allow only authorized personnel with access. Access must be adequately documented to meet the standards of chain of custody of evidence for criminal proceedings where applicable. The Contractor shall be able to supply identified TPD sworn officers with 24-hour access to the indoor facility.

P. Public Interaction: All work shall be completed in such a manner as to minimize disruption to boat ramps, boaters, and roadway traffic.

Q. Communications: The Contractor is required to have two-way communication at the job site(s). Two-way communications can be cellular, Marine Band, or other. Contractors shall provide a minimum of

48-hour notice of removals to allow for TPD or City representatives such as Parks and recreation to be present during operations.

R. Subcontractors: The use of subcontractors must be preapproved by the City of Tampa.

S. Photography: Contractor shall take detailed photographs documenting the pre-removal condition of the vessel, every stage of removal, and the post-removal environmental conditions for each removal.

Photographs of the destruction of the vessel or of the intact vessel at the landfill or storage facility are required. All photos shall include date and time stamp and be submitted to TPD upon request.

4. MINIMUM QUALIFICATIONS. Companies responding to this RFQ will explain their experience with marine vessel removal, towing, storage, and disposal services in Response Elements, Qualifications and

Experience. With the Qualifications statement, a minimum of three (3) references, preferably from other public entities within the State of Florida, for which similar services have been provided, are required.

5. DELIVERY. Vessels shall be towed out of the water and delivered to the appropriate disposal or storage facility, as designated by TPD.

6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the

Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated.

Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this

Agreement:

a. Marine General Liability (MGL) coverage for at least $1,000,000 per occurrence / $2,000,000 aggregate, including coverage for:

i. Contractual Liability;

ii. Products and Completed Operations; iii. Bodily Injury and Property

Damage;

iv. Sudden and Accidental Pollution

In addition to the above coverage components, the City should be named as an Additional Insured, including a Waiver of Subrogation in the City’s favor as well as Primary and NonContributory wording.

b. Marina Operators Legal Liability, should have coverage for at least $5,000,000 per occurrence / $5,000,000 aggregate, with the City being named as an Additional Insured, as well as including a Waiver of Subrogation in the City’s favor and Primary and Non

Contributory wording.

c. Vessel Hull & Machinery, P&I, Vessel Pollution Liability The following types of insurance are required:

i. Protection & Indemnity Insurance (including crew): Liability for any third party bodily injury or property damage caused by the vessel, requiring minimum limits of $1,000,000.

Contractor’s P&I coverage must include Jones Act coverage. ii. Vessel Pollution Liability: For barges or vessels of any size, require Vessel Pollution Liability with limits equal to the required P&I limits. In this case, $1,000,000 would be the minimum limit acceptable.

iii. Hull & Machinery (H&M): Vessels to be insured for their Actual Cash Value.

The City should be named as an Additional Insured on the P&I and Vessel Pollution Liability, including a Waiver of Subrogation in favor of the City as well as Primary and noncontributory wording.

d. Automobile Liability: Recognizing that the work governed by this contract could require the use of vehicles, the Contractor, prior to commencement of work, shall obtain Automobile Liability insurance, with coverage being maintained throughout the term of this contract, and as a minimum must include liability coverage for Owned, Non-Owned, and Hired vehicles (HNOA). The minimum limits acceptable would be a Combined Single Limit (CSL) for bodily injury/property damage of at least $1,000,000.

d. Bumbershoot (AKA Umbrella) – This is an additional line of coverage that would sit over the Marine

GL, P&I, EL and Vessel pollution, and operates similarly to that of an Umbrella policy. $1,000,000 would be our minimum requirement, but recommend at least $5,000,000.

e. USL&H and Workers Compensation: Prior to the commencement of work, the Contractor shall obtain

Workers Compensation insurance with limits sufficient to response to applicable state statutes. All of the Contractor’s employees as well as any subcontractor employees must be insured under USL&H where necessary. In addition, the Contractor shall obtain Employers’ Liability insurance. Coverage shall be maintained throughout the entire term of the contract. Minimum limit requirements are as followed:

i. Part One: Statutory ii. Part Two: Bodily Injury by Accident $

500,000 iii. Bodily Injury by Disease - Policy Limit $ 500,000

iv. Bodily Injury by Disease - Each Employee $ 500,000

v. WCUSLH US Longshoreman & Harbor Workers Act – Same as Employers Liability vi. WCJA Federal

Jones Act – Same as Employers Liability

Other Insurance Provisions.

f. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an

“Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile

Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows:

g. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage.

h. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence.

i. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or