SCOPE_OF_SERVICES.docx

SCOPE OF SERVICES

1. DEFINITIONS:

A. The terms and abbreviations used herein shall have the meanings as defined below:

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

2. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body.

3. "Staging site" means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site.

4. "Prefabricated modules" means structures specifically designed and built for use as artificial reefs and which meet the environmental safety, durability, and stability requirements of this rule, as well as providing complexity and texture which are suitable as habitat for fishes and for colonization by encrusting marine organisms.

5. "Contractor" means the vendor contracted by the County to provide services defined in the Scope of Work and meets the definition of "Contractor" in section 119.0701(l)(a).F.S.

6. "Offshore" means a category of artificial reef permitted areas located in water deeper than 30 ft. where prefabricated artificial reef modules will be deployed.

7. " Polyhedral module" means a multi-sided artificial reef unit consisting of three or more polygonal sides. For the purpose of this project, a dome shaped module is considered multi sided polyhedron. A tetrahedron (three-sided artificial reef structure) is an example of a multi-sided module.

1. BACKGROUND

The purpose of this contract is for the construction, acquisition and deployment of pre-fabricated concrete structures as described in Exhibit 3. The County reserves the right to choose the contractor and material that best meets the needs of NRDA Grant 21369 conditions and may disqualify any contractor that does not provide clear descriptive information on the total number of type I and type II modules the contractor can construct and deploy for $395,000.

This project is funded by the Florida Fish & Wildlife Conservation Commission (FWC) under the NRDA Early Restoration Plan (ERP) Phase IV. The intent of the NRDA Phase IV ERP Northwest Florida Regional Artificial Reef Project is to provide enhanced or additional long-term recreational opportunities through construction and restoration of artificial reefs.

1. SCOPE OF WORK FOR REEF CONSTRUCTION

0. The project entails the manufacture and deployment of prefabricated concrete polyhedral artificial reef modules acceptable to the conditions outlined in NRDA Grant 21369 (See Exhibit 3). Modules must consist of multi-sided, prefabricated polyhedral concrete weighing at least 4,000 pounds, and be made to the Type I and Type II specifications listed below. All artificial reef modules must be composed of marine grade concrete with a minimum strength of 4,000 pounds per square inch (psi) and cure for at least 14 days prior to deployment.

a. Type I: Polyhedral artificial reef modules 25 ft. (minimum) height, hollow concrete walled structure with three or more sides and a vertical steel pole with a thickness ≥1/4” on top with a minimum height of 10ft. Each side of the module should have a minimum of 5 openings/windows ranging from 8-40 inches in height and width. The interior of each polyhedral module must contain a layered habitat structure providing a complex and diverse shelter for small/juvenile fishes and invertebrates.

b. Type II: Polyhedral artificial reef modules 25 ft. (minimum) height, hollow concrete walled structure with three or more sides. Each side of the module should have a minimum of 5 openings/windows ranging from 8-40 inches in height and width. The interior of each polyhedral module must contain a layered habitat structure providing a complex and diverse shelter for small/juvenile fishes and invertebrates

0. Reef material with extensive exposed rebar will either be eliminated from consideration, or the rebar will be cut back by the selected contractor as close to the concrete surface as possible, within six inches or less of the units’ concrete surface prior to transport. Additionally, all modules must have a solid bottom, or the top of the structure must have an opening greater than 36-inches in diameter to prohibit sea turtle entrapment. No open-bottom modules are allowed that include additional modules, discs, or other materials attached, placed on or immediately adjacent to the top opening, as they may prevent turtle from easily escaping.

0. All artificial reef materials shall be clean and free from excess dirt, asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free-floating material or other harmful substances.

0. Modules shall consist of concrete and embedded stone or shell with multiple openings all the way through the outer surface to allow for water circulation and access by fish.

0. All modules must have a solid bottom, or the top of the structure must have an opening greater than 36 inches to allow for sea turtle escapement.

0. Units must be capable of being lowered to an upright position on the seafloor. Any lifting lines or straps used during deployment must be temporary and removed by the CONTRACTOR prior to payment.

0. The County shall have the opportunity to evaluate the structural integrity of each prefabricated module proposed for use and shall eliminate from artificial reef material consideration all badly damaged modules that would be prone to break apart during the transport and/or deployment process. CONTRACTOR is responsible for scheduling a material inspection at least 14 days prior to deployment.

0. Reimbursement for loading, transporting, and deploying materials will be based on a cost per unit basis. Materials that are not placed within the boundaries of the permitted area will not be reimbursed.

IV. DEPLOYMENT PATTERN STANDARDS

a. During the deployment, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement using a Dynamic Positioning System (+/-50 feet) with thrusters to ensure accurate placement of the concrete modules on the sea floor. Material will be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective, and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio.

b. Modules proposed must be deployed within the specified permitted area. Where multiple modules are deployed at a single location, the modules are to be placed as close together within 50 feet of each other as is feasible without stacking or otherwise contacting each other.

1) DEPLOYMENT AND MATERIAL PLACEMENT Comment by Erin Graham: In this section, should I be referred to as: County, artificial reef program staff, PCB CVB staff?

a. County shall conduct a pre-deployment bottom survey for each proposed module deployment site. If the pre-deployment survey identifies an unacceptable bottom type, that site will be rejected and an alternative deployment site with an acceptable bottom type shall be selected by County.

b. Within thirty (30) days following contract award, the County shall provide the CONTRACTOR with a specific list of coordinates for each of the proposed modules. Ten (10) proposed deployment sites are listed in Exhibit 2.

c. An on-site observer, designated by the County, must be present during deployment operations. The CONTRACTOR shall have a working GPS unit and radio to provide effective and reliable communications at all times between the transport/deployment vessel, and the designated County observers on-site.

d. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office.

e. The County observers reserve the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met.

f. All special and standard permit conditions, including manatee protection requirements, described in the Army Corps of Engineers permit number SAJ-1993-00660(SP-LSL) for this reef site must be met.

g. The designated County observers may deploy the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the contractor(s) in the proper placement of the reefs. The markers shall be buoys no less than 12 inches in length and 8 inches in width and anchored with sufficient scope so that they will not drift from the designated deployment site prior to deployment. The County will not pay for materials placed outside the permit area or for materials not deployed as specified in the deployment plan. Precise GPS placement of marker buoys that do not shift position with time will also be important to ensure the reef is constructed within the permitted area.

h. The County observers shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed.

i. Both the County observers and the CONTRACTOR shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The reef coordinates as specified in the deployment plan and the corner coordinates of the permit site shall also be in possession of the County observers and the CONTRACTOR when on site. The CONTRACTOR shall also be in possession of a copy of the Army Corps and applicable FDEP permits for the area where the deployments are taking place. The CONTRACTOR shall be responsible for ensuring that all permit condition terms are complied with.

j. Where multiple modules are deployed at a single location, the modules are to be placed in straight line layouts and within 40-foot-on-center distances of each other without stacking or otherwise contacting each other. The modules will be placed within 20 feet of all designated on-center coordinates for each module and shall not be widely scattered within each deployment location.

k. It is the responsibility of the CONTRACTOR to remove any floating debris, including ropes, on the surface and attached to the prefabricated modules that might occur during deployment. Having boat hooks, dip nets, and other equipment on board to enable efficient collection of unanticipated floating debris is strongly encouraged. All collected material shall be transported back to land for proper disposal.

l. The CONTRACTOR must at a minimum comply with all OSHA and USCG safety requirements, including requiring that all personnel in the construction area during construction operations shall be wearing appropriate hard hats, personal floatation devices, and other personal safety protection equipment.

m. The County shall have the right, but not the obligation, to suspend work in unsafe areas. All costs of any nature resulting from the suspension, by whomever incurred, shall be borne.

n. The County observers agree to conduct on-site inspections of the modules before, during, and after the deployment.

2) LOADING AND TRANSPORTATION

All modules must be constructed and able to be inspected at least 14 days prior to the deployment. Artificial reef materials will be loaded using a suitable means of conveyance for transportation to a staging area, and loaded onto a barge or other suitable vessel for offshore transportation to the designated artificial reef sites. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel and shall include the necessary personnel and equipment to safely transport and deploy the reef material. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for safe transport to the reef construction site.

3) LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS

Upon initiation of the handling and movement of these artificial reef materials by the CONTRACTOR, all liability, risk of loss and responsibility for the safe handling, storage, transportation, and deployment of the materials shall be borne by the CONTRACTOR. This liability, assumption of risk and responsibility shall remain with all contractors until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement.

4) REPORTING, PERFORMANCE, AND PUBLICATIONS

a. The CONTRACTOR will provide the County with final GPS coordinates of each structure placed on the day of deployment. The FWC Materials Placement Report shall be signed and submitted by the County to FWC and associated regulatory agencies within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef material deployed as well as a detailed description of the type, number, dimensions, and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements.

b. Any published articles related to this NRDA Phase IV artificial reef project should reflect the role of should acknowledge Florida Fish and Wildlife Conservation Commission (FWC) as a sponsoring agent.

c. The CONTRACTOR shall comply with all applicable Federal, State and local rules and regulations in providing services to Bay County under this Agreement, including the general and special conditions specified in any permits issued by the U. S. Army Corps of Engineers, Florida Department of Environmental Protection, or the Florida Fish & Wildlife Commission. The CONTRACTOR acknowledges that this requirement includes compliance with all applicable Federal, State and local health and safety rules and regulations.

d. The CONTRACTOR is required to be in compliance with the following Federal employment guidelines when employing individuals with funds obtained through this contract:

1. Title 42, United States Code Section 2000d (Section 601, Title VI, Civil Rights Act of 1964 as amended)

2. Title 29, United States Code Section 794 (Section 504, Rehabilitation Act of 1973, as amended)

3. Title 20, United States Code Section 1681 (Section 901, Title IX, Public Law 92-318, prohibiting discrimination of the basis of sex)

4. Title 42, United States Code (Section 6101 Title II of Public Law 94-135, prohibiting discrimination on the basis of age)

5. Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60)

6. Under Title 40, United States Code Section 276a to a-7 (as supplemented by Department of Labor Regulations, 29 CFR, Part 5), CONTRACTORS shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of labor. In addition, CONTRACTORS shall be required to pay wages not less often than once a week.

7. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract.

e. If modules are damaged during transport or deployment, liquidated damages may be assessed giving the Bay County Board of County Commissioners the option of reducing payment for any misplaced, disoriented, cracked or broken modules documented during the County’s post-deployment surveys. The Bay County Board of County Commissioners will report liquidated damages to the CONTRACTOR using the assigned unique identifier number within 30 days of material deployment. Claims for liquidated damages may only be applied to the specific modules documented by the Bay County Board of County Commissioners within the 30-day inspection period. Modules not inspected within the 30-day inspection period will not be eligible for liquidated damages. Liquidated damages may be applied per unit according to the liquidated damages schedule (Table 1). Damages can be cumulative; for example, if a unit is found to be lying on its side and was cracked during handling that unit’s price will be reduced by 20%.

Table 2: Schedule of liquidated damages for misplaced, disoriented, cracked or broken modules documented during the post-deployment surveys.

Liquidated Damages (PER UNIT) Reduction

EXHIBIT 2

NRDA PHASE IV ARTIFICIAL REEF PROJECT LOCATION

All modules in NRDA Phase IV will be deployed in LAARS Site B offshore reef zone. The center point for LAARS Site B is located 23.04 nautical miles Southwest of Saint Andrews Pass.

Modules under the NRDA Phase IV project will be deployed either as single units or in clusters of two to three modules at designated deployment locations. The table below identifies ten proposed deployment sites within LAARS Site B.

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