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Item H3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21. 2009 Division: Growth Management Bulk Item: Y es ~ No Department: Land Steward Staff Contact PersonlPhone #: Beth Bergh ex 2511) AGENDA ITEM WORDING: Approval to advertise a request for proposals (RFP) for the removal of invasive exotic plants from Monroe County Conservation Lands including two points for local preference out of 57 available points in the evaluation criteria. ITEM BACKGROUND: For the third consecutive year Monroe County will be advertising a request for proposals (RFP) for invasive exotic plant removal work on conservation lands that are owned or managed by Monroe County. The project is fully funded through a grant from the Florida Fish & Wildlife Conservation Commission's (FFWCC) Invasive Plant Management Section. In this year's RFP, staff has included evaluation criteria in accordance with Ordinance No. 023-2009, the Local Business Preference Ordinance (see page 9 of the attached RFP). The two (2) points awarded to a local business is a 3.5 percent differential for local respondents. According to the Ordinance, the BOCC must approve the proposed RFP prior to advertisement. PREVIOUS RELEVANT BOCC ACTION: August 19, 2009 - BOCC approved a grant task assignment with the Florida Fish & Wildlife Conservation Commission for project funding. June 17,2009 - BOCC adopted "Local Business Preference"; Ordinance No 023-2009; effective date of October 1,2009. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $80.000 INDIRECT COST: BUDGETED: Yes lLNo DIFFERENTIAL OF LOCAL PREFERENCE: 3.5 percent (2 of 57 potentiall'oints) COST TO COUNTY: SOURCE OF FUNDS: FFWCC GRANT REVENUE PRODUCING: Yes N:h- ~OUNTPERMONTH Year APPROVED BY: County Aui'1 7'otthasing _ Risk Management Ol~ DOCUMENTATION: Included ----X- Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES BY LandscapeN egetation Contractors or Individuals to perform Removal of Invasive Exotic Plants from Monroe County Conservation Lands RFP-GMD-xxx-xx-2009-PUR/CV BOARD OF COUNTY COMMISSIONERS Mayor, George Neugent, District 2 Mayor Pro Tem, Sylvia J. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 3 Mario Di Gennaro, District 4 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT Danny L. Kolhage GROWTH MANAGEMENT DIVISION Susan Grimsley, Interim Director October 2009 PREPARED BY: Monroe County land Steward RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands NOTICE OF REQUEST FOR PROPOSALS Request for Professional Services from LandscapeNegetation Contractors and Individuals to Remove Invasive Exotic Plants from Monroe County Conservation Lands RFP-GMD-xxx-xx-2009-PUR/CV The Board of County Commissioners of Monroe County, Florida, hereby requests, sealed proposals from contractors and individuals experienced in the removal of invasive exotic plant species. Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "Proposal - Removal of Invasive Exotic Plants from Monroe County Conservation Lands", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on October xx, 2009. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or htto:llwww.monroecountv-fl.2ov/oa2es/msdlbids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Technical questions are to be directed, in writing or faxed, to Beth Bergh, Monroe County Land Steward, 2798 Overseas Highway, Suite 410, Marathon, FL 33050, or fax to (305) 289-2536. The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award andlor negotiate a contract in the best interest of the County. Interested firms or individuals will be evaluated and selected by a committee composed of the Monroe County Land Steward, a Monroe County Biologist, the Executive Director of the Monroe County Land Authority, and a Monroe County Invasive Exotic Technician. " 2 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands The selection and recommendation will be presented to the Board of County Commissioners for final decision. Dated at Key West, xxxx Monroe County Purchasing Depart - 3 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Draft Agreement SECTION THREE - County Forms SECTION FOUR - Insurance Requirements - 4 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS OBJECTIVE OF THE REQUEST FOR PROPOSALS The Growth Management Division of Monroe County, Florida invites firms to submit proposals to remove Florida Exotic Pest Plant Council-listed species (Category I and II; see FLEPPC.org or contact Monroe County Land Steward for a list) from Monroe County owned or managed conservation lands. The project goal is the eradication of invasive exotic vegetation from selected publicly owned conservation lands in Monroe County. PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received a grant from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $80,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. Work must be completed by May 15, 2010. PROJECT LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This project will target sites that have not already been treated in the Lower and Upper Keys identified below (the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo; Tavernier Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger management units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper. There are no plans or maps for the project area. The selected contractor will be given a list of parcels and aerial maps of the work sites. The following is a partial list of representative sample work locations that a potential respondent may inspect on their own time if they choose to do so (not required): · Lots 9-10, Block 23, Sands Subdivision, Big Pine Key (mm 30, bayside); located on the corner of Ave D and 5th; immediately east of private residence at 31468 Ave D. RE # 00302790-000000 and RE # 00302800-000000. · Lots 48-50, Block 7, Indian Mound Estates, Upper Sugarloaf Key (mm 19.5, bayside); located on the corner of Crane Blvd and Seminole Street. RE # 00170240-000000. · "Lark parcel" on Upper Sugarloaf Key (mm 20, Oceanside); located on the SE corner of US Hwy 1 and Old State Rd 4A. RE # 00118280-000200. - 5 . RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands If needed, parcel maps may be viewed by accessing the Monroe County Property Appraiser's website at www.mcoafl.orQ. From the top banner on the main page choose "GIS maps". The properties can be located using the Real Estate (RE) numbers listed above. Please note, some of the subject properties are owned by the State of Florida (TIITF), however the County is the manager of the property. SCOPE OF WORK The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass (except as described below for bowstring hemp and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will supply locations and maps of project sites. The success of the project depends on the thoroughness of invasive exotic removal. The County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concern but Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing (including Australian pines). A "Gyro-trac" or forestry machine may not be used for this project. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species including trees, shrubs, vines, herbaceous plants and grasses regardless of the size or reproductive state of the plant. Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize drift and non-target damage. A dye shall be used to facilitate identification of treated stems. An appropriate herbicide shall be applied within one (1) minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: Tar et S ecies Asiatic colubrina Colubrina asiatica Australian pine Casuarina s Beach naupaka Scaevola sericea Brazilian pepper (Schinus terebinthifolius) Treatment Method 50% Garlon 3A applied to cut surface immediately after cut or 20% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 20% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 10% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 10-15% Garlon 4 applied to stump's cut surface and sides 30% Garlon 4 applied to stump's cut surface and sides 50% Garlon 3A applied to cut surface immediately upon cuttin -6- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal by the County. Bowstring hemp (Sansevieria hyacinthoides) must be physically removed, ensuring that the entire root has been removed. Resulting plant material may either be bagged or neatly piled on site (adjacent to the road) for County pick up. All other vegetative debris will be chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain, the mulch must be spread neatly across the site without covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County Solid Waste. In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of the following ways (as determined by the County Land Steward): 1. Chipped by the contractor and spread evenly across the site. 2. Chipped and removed from the site by the Contractor, at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes). 3. Chipped and piled on the site by the contractor and removed from the site by the County (if Land Steward determines that on-site disposal is not an option). 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transfer or pay for the disposal of any vegetative waste created by the project. The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment (including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type of employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches $80,000 or on May 15, 2010, whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2) months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for: 1) coordination with the Monroe County Land Steward on a daily I weekly basis; 2) all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4) assuring herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas, Forestry, Right-of-Way or Aquatics category.The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2) previous years. Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The contractor shall complete "Daily Progress Reports for Invasive Plant Control" and submit the completed forms to the County -7- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands 'every two weeks. The Monroe County Land Steward will submit permit applications for the proposed exotic removals, however the Contractor is required to pick up the permit from the Monroe County Building Department and keep the permit with the crew while working on-site. The Contractor must hold a valid Monroe County occupational license and a Monroe County Certificate of Competency for landscaping. Monroe County does have reciprocity with some other Florida counties. Please see the County's website (www.monroecountv-fl.aov) for more information regarding the reciprocity application process. A State of Florida's General Contractor's license may substitute for a Monroe County Certificate of Competency in landscaping. However, a General Contractor must register with Monroe County by submitting a "State Certified Contractor Registration Application" and receive approval from Monroe County. Due to the amount of time required to obtain a Monroe County occupational license and Certificate of Competency, respondents must submit any required licensing applications to Monroe County prior to bid submission and indicate the status of the application(s) in their bid package. It is not necessary to have already obtained the license or certificate prior to bid submission. Additional plant treatment or removal and non plant debris removal may be added to the project by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: · Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. · When moving equipment from site to site within Monroe County, decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. · If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: · All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned with a pressure washer (at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent the spread of these species into Monroe County. · Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned so that they are free of debris. Prior to the commencement of an invasive species removal project, the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the Contractor shall submit a brief decontamination plan in writing, to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. -8~ RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands , Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 15, 2010. CONTRACTOR SELECTION AND EVALUATION PROCESS Interested firms or individuals will be evaluated and selected at a publicly-noticed meeting by a committee composed of the Monroe County Land Steward, a Monroe County Biologist, the Executive Director of the Monroe County Land Authority, and a Monroe County Invasive Exotic Technician. The committee will evaluate responses based on the following criteria: 1. Past record and experience of firm on similar invasive exotic removal projects. (10 pts) 2. Technical, educational, and training experience of the assigned staff and any anticipated subcontracted staff. (10 pts) 3. Ability to start immediately upon notice to proceed and ability to complete project by May 15 - considering size of crew; available equipment; etc. (10 pts) 4. Cost per man hour (10 pts) 5. Familiarity with general project area and Florida Keys invasive exotic species. (5 pts) 6. Project approach reflects clear understanding of project needs and necessary activities. (5 pts) 7. Completeness of RFP response (5 pts) 8. Local business preference: respondent has a Monroe County business license and a physical business address within Monroe County (see Local Preference Form). (2 pts) The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked proposer, the Board reserves the right to negotiate with the next selected proposer. Monroe County reserves the right to reject any and all submittals, waive any irregularities, re-issue all or part of the RFP, and not award any contract, all at its discretion and without penalty. Format. The response, at a minimum, shall include the following: A. Cover Page A cover page that reads "Proposal for Removal of Invasive Exotic Plants from Monroe County Conservation Lands". The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. General Information. I. The history of the firm, its corporate structure, and years in business. II. A list of the officers and directors of the respondent. III. A list of any subcontractors whom the respondent plans to utilize in performing its services. Tab 2. A section to address the following points, which shall be used in the Selection Committee's evaluation of each submittal in relation to the previously discussed tasks. I. Record of performance and professional accomplishments including: a description of similar work completed by the firm, any outstanding accomplishments of the firm, and any outstanding accomplishments of the firm that relate directly to this type of work (please provide a reference for each work cited). II. Technical, educational and training experience of the assigned staff and any anticipated subcontracted staff. Include the proposed function(s) of subcontractors. -9. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands III. Copies of crew supervisors' State license for herbicide application. IV. A list of equipment I tools that are available to be used on the project. V. Project Approach. Provide a description including a statement that reflects a clear understanding of project needs based on the description above and a work plan that details the approach. VI. Specify the minimum number of workers that will be deployed as a work crew, and the man-hour cost associated with each employee type. Fees should be all-inclusive, including but not limited to travel, lodging, meals, equipment, herbicide, tools. If members of the work crew live outside of the Keys, specify what arrangements will be made to insure their ability to report to work. No compensation will be paid for travel time. Contract will be based on total cost per hour up to $80,000. The cost per hour will be taken into consideration during the evaluation process, but is only one factor of many that will be used in the evaluation. Vll.Additional information: Provide any additional pertinent information that would be helpful in the consideration of your response. Tab 3. Litigation I. Has the respondent ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) II. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the respondent, or its officers or general partners? (If yes, provide details.) III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) IV. Has the respondent ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details.) V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or major creditor of the respondent was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for proposals. Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms specified below and found at designated pages in this RFP, as well as copies of all professional and occupational licenses: I. Submission Response Form II. Lobbying and Conflict of Interest Clause III. Non-Collusion Affidavit IV. Drug Free Workplace Form V. Public Entity Crime Statement VI. Local Preference Form VII. Respondent's Insurance and Indemnification Statement VIII. Insurance Agent's Statement, and IX. Professional and Occupational Licenses 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the locations stated in the Notice of Calling for Qualifications. - 10. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands 1.03 PROPOSAL REQUIREMENTS See Notice of Request for Proposals. Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "Proposal - Removal of Invasive Exotic Plants from Monroe County Conservation Lands", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on October xx, 2009. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected. A bid bond is not required. Payment and performance bonds are not required. There are no liquidated damages. There is no pre-bid meeting. 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent will in no way relieve them of the obligations and responsibilities assumed under the contract. - 11 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, they shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.10 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. - 12. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands 1.11 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions, and the contract documents, may be rejected at the option of the County. 1.12 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If responses are found to be acceptable by the Owner, written notice will be given to the selected Respondent of the award of contract(s). B. If the award of a contract is annulled, the County may award the contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. C. A contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the County, considering price, qualifications, time frame, and other factors deemed relevant. D. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the County Administrator or his designee, will be presented to the Board of County Commissions of Monroe County, Florida, for final awarding or otherwise. 1.13 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated on the attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected Respondent. The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached form. - 13- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands SECTION TWO: DRAFT CONTRACT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS THIS CONTRACT is made and entered into this day of , by MONROE COUNTY ("COUNTY'), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ("CONTRACTOR"), whose address is Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services - Exhibit A - which is attached hereto and made a part of this agreement. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person ("Contract Manager") with authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME OF COMPLETION The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. - 14. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $80,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S staff. There will be a 5% retainage by COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 15, 2010, compensation shall be only for the amount of work completed, regardless of the cause of any delay. 4.2 The hourly billing rates of the CONTRACTOR, expected to include all costs including travel and equipment, used in calculating the compensation due are: Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Project Manager, who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or otherwise regular basis until the work under this agreement is completed. 5.3 Continuation of this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. . 15 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Susan Grimsley, Interim Division Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from . 16. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABI L1TY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. - 17. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. - 18 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands . Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES - 19. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES 32.1 General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failture to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this .20. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed bylaw. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations . Bodily Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. - 21 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 33. INDEMNIFICATION The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any .22 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the CONTRACTOR or its Subcontractors in any tier, their employees, or agents. In the event that the service is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses or lost revenue resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this agreement. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 35. DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. (The remainder of the page intentionally left blank) - 23- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 200_. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (CORPORATE SEAL) ATTEST: (Name of Contractor) By By .24 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands EXHIBIT A SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received a grant from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $80,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. Work must be completed by May 15, 2010. PROJECT LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This project will target sites that have not already been treated in the Lower and Upper Keys identified below (the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo; Tavernier Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger management units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper. SCOPE OF WORK The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass (except as described below for bowstring hemp and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will supply locations and maps of project sites. The success of the project depends on the thoroughness of invasive exotic removal. The County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concern but Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing (including Australian pines). A "Gyro-trac" or forestry machine may not be used for this project. Every effort shall be made to avoid damage to native vegetation and wildlife. The - 25- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species including trees, shrubs, vines, herbaceous plants and grasses regardless of the size or reproductive state of the plant. Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize drift and non-target damage. A dye shall be used to facilitate identification of treated stems. An appropriate herbicide shall be applied within one (1) minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: Tar et S ecies Asiatic colubrina Co/ubrina asiatica Australian pine Casuarina s Beach naupaka Scaevo/a sericea Brazilian pepper (Schinus terebinthifolius) Treatment Method 50% Garlon 3A applied to cut surface immediately after cut or 20% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 20% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 10% Garlon 4 a lied to stum 's cut surface and sides 50% Garlon 3A applied to cut surface immediately after cut or 10-15% Garlon 4 applied to stump's cut surface and sides 30% Garlon 4 applied to stump's cut surface and sides 50% Garlon 3A applied to cut surface immediately upon cuttin All mature (brown) lead tree (Leucaena leucocepha/a) seeds will be bagged and left on the site for disposal by the County. Bowstring hemp (Sansevieria hyacinthoides) must be physically removed, ensuring that the entire root has been removed. Resulting plant material may either be bagged or neatly piled on site (adjacent to the road) for County pick up. All other vegetative debris will be chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain, the mulch must be spread neatly across the site without covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County Solid Waste. The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment (including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type of employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches $80,000 or on May 15, 2010, whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2) months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for: 1) - 26. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands coordination with the Monroe County Land Steward on a daily / weekly basis; 2) all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4) assuring herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas, Forestry, Right-of-Way or Aquatics category. The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2) previous years. Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The contractor shall complete "Daily Progress Reports for Invasive Plant Control" and submit the completed forms to the County every two weeks. The Monroe County Land Steward will submit permit applications for the proposed exotic removals, however the Contractor is required to pick up the permit from the Monroe County Building Department and keep the permit with the crew while working on-site. The Contractor must hold a valid Monroe County occupational license and a Monroe County Certificate of Competency for landscaping. Monroe County does have reciprocity with some other Florida counties. Please see the County's website (www.monroecountv-fl.aov) for more information regarding the reciprocity application process. A State of Florida's General Contractor's license may substitute for a Monroe County Certificate of Competency in landscaping. However, a General Contractor must register with Monroe County by submitting a "State Certified Contractor Registration Application" and receive approval from Monroe County. Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: · Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. . When moving equipment from site to site within Monroe County, decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. . If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: · All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned with a pressure washer (at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent the spread of these species into Monroe County. · Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned so that they are free of debris. .27 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands Prior to the commencement of an invasive species removal project, the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the Contractor shall submit a brief decontamination plan in writing, to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 15, 2010. - 28- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands SECTION THREE: COUNTY FORMS Please follow the complete instructions to respondents specified in Section 1 "Contractor Selection and Evaluation Process" RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: · Lobbying and Conflict of Interest Clause . Non-Collusion Affidavit . Drug Free Workplace Form . Public Entity Crime Statement . Insurance Requirements . Local Preference Form (Check mark items above. as reminder that they are included) In addition, I have included a current copy of the following professional and occupational licenses: List all personnel and price per man-hour, inclusive of all travel and other expenses (there will be no reimbursable expense items). Please follow a similar format to that shown in Paragraph 4.2 of the draft contract (Section 2 of RFP): Title Hourly Rate Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) - 29- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " " (Company) "...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: .30 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands NON-COLLUSION AFFIDAVIT I, of the city of my oath, and under penalty of perjury, depose and say that according to law on 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 31 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be impaosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 32- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 33- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder /Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Momoe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (please furnish copy. ) 2. Does the vendor have a physical business address located within Momoe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Momoe County? List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Momoe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Momoe County from which the subcontractor operates: Tel. Number Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF On this _ day of _, 20_, before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal - 34- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands SECTION FOUR: INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. .35 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance Or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. - 36- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. - 37 . RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. - 38- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. - 39- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. - 40- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits General Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage Worker's Compensation Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSUL TANTS The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect/Engineer or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature .41 . RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: .42. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And · The Indemnification and Hold Harmless provisions Waivino of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision- making authority. - 43- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE .44 - RFP for CONTRACTOR Services, ADA Compliance Assessments for County Buildings & Properties INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $100,000 Bodily Injury by Acc. $500,000 Bodily Inj. by Disease, policy Imts $100,000 Bodily Inj. by Disease, each emp. $300,000 Combined Single Limit $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. - 45.