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Item G4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2015 Division: Growth Management Bulk Item: Yes X No Department: Marine Resources Office Staff Contact Person/Phone #: Richard Jones/289-2805 AGENDA ITEM WORDING: Approval of the Selection Committee's selection of the highest ranked firm, DRC Emergency Services, LLC (Contractor), for Disaster Response and Recovery Services for Marine Debris and Vessel Removal, and direction to negotiate a contract between Monroe County (County) and the Contractor. If successful negotiations cannot be reached, approval to negotiate with the next highest ranked respondent until successful negotiation is reached. ITEM BACKGROUND: Monroe County provides continuous coverage for disaster response and recovery services for marine debris and vessel removal for the Florida Keys within Monroe County. The current contract, with DRC Emergency Services, LLC, for such services expires February 28, 2015. To provide for continuation of services staff was directed by the Board at its September 17, 2014 BOCC meeting to advertise a Request for Proposals (RFP) to seek a vendor to provide "Disaster Response and Recovery Services for Marine Debris and Vessel Removal". An RFP (attached) was advertised, with a response opening date of November 6, 2014. The opening date was rescheduled for December 3, 2014. Three addenda to the RFP were issued prior to the opening date (attached). Five responses were received by the Purchasing Department, including: Arbor Tree & Land, Inc., Crowder Gulf Joint Venture, Inc., TSI Recovery, LLC., DRC Emergency Services, LLC., and Ashbritt Environmental. A Selection Committee (Committee) met in a publicly advertised meeting on January 5, 20�15, to evaluate, score and rank the responses. Based on evaluation of the five responses received, the Committee ranked DRC Emergency Services, LLC the highest (see attached Score Sheet and Selection Committee Meeting Minutes), Staff is seeking approval of selection of DRC Emergency Services, LLC and direction to negotiate a contract; and if successful negotiations cannot be reached, approval to negotiate with the next highest ranked respondent until successful negotiation is reached. Staff anticipates bringing a contract to the Board at the February 18, 20�15 BOCC meeting to provide services effective March 1, 2015, PREVIOUS RELEVANT BOCC ACTION: September 2014- Direction to advertise an RFP to seek a vendor for disaster recovery services CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of selection and direction to negotiate a contract TOTAL COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes AMOUNT PER MONTH Year APPROVED BY: County Atty X/If-01MB/Purchasing — Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# # 1 SELECTION COMMITTEE FINAL TABULATION k Arbor Tree & Land, Inc. Crowder Gulf Joint Venture, Inc. TSI Recovery, LLC DRC Emergency Services, LLC Ashbritt Environmental Christine Hurley Total Score Rank —7 -3 Judy Clarke Total Score Rank If liL - f Richard Jones Total Score Rank VA Total Points LA Ranking (Average) ,3 35 Ranking (Overall) Date I S IS Date Signature of Selection Committee Member Date DISASTER RESPONSE AND RECOVERY SERVICES FOR MARINE DEBRIS AND VESSEL REMOVAL MONROE COUNTY, FLORIDA SELECTION COMMITTEE January 5, 2015 Meeting Minutes The Selection Committee (Committee) meeting commenced at 2:00 pin in the Planning Conference Room at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. All Committee members were present, including Christine Hurley, Growth Management Division Director; Judy Clarke, Director of Engineering Services; and Richard Jones, Marine Resources Senior Administrator. No members of the public were present. Richard Jones explained the three addenda to the Request for Proposals (RFP). Mr. Jones also mentioned that an inquiry to the RFP had been submitted on 11-20-2014, and the County Attorney assigned to the Marine Resources Office determined that the questions were non -substantive, and it was not necessary to respond with an addendum. Mr. Jones mentioned that one of the questions pointed out that Insurance Agent's Statement (mentioned on p.41 of the RFP) was (inadvertently) omitted from the RFP. Mr. Jones explained that the form is not critical, and that all respondents to the RFP are on a level playing field, and that no points would be taken away (or negative points assigned) due to the lack of the form in the responses, Richard Jones explained that all reference checks had been per -formed and all responses were satisfactory. There was discussion regarding respondents' suitable vessels and equipment, past performance, the County's satisfaction with past projects in the county, and pricing. The Committee then evaluated the responses and the documentation provided. After thorough discussion, each committee member provided his/her individual scores and rankings for each of the five respondents. Final ranking was determined by averaging the member rankings, as follows (the average ranking of the two lowest ranked respondents were tied, and the final ranking was determined by their respective total points): Firm Final Ranking DRC Emergency Services, LLC I Crowder Gulf Joint Venture, Inc. 2 Ashbritt Environmental 3 TSI Recovery, LLC 4 Arbor Tree & Land, Inc. 5 The Committee unanimously agreed that the top ranked respondent is qualified, and would be recommended to the Monroe County Board of County Commissioners for selection approval. There being no further business, the meeting was adjourned at 3:00 pm. Minutes prepared by: Richard Jones, Senior Administrator I iTI Is] 0 it 01 � REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES for Disaster Response and Recovery Services For Marine Debris and Vessel Removal BOARD OF COUNTY COMMISSIONERS Mayor, Sylvia Murphy, District 5 Mayor Pro-Tem, Danny L. Kohlage, District 1 Heather Carruthers, District 3 David Rice, District 4 George Neugent, District 2: COUNTY ADMINISTRATOR Roman Gastesi:, Jr. CLERK OF THE CIRCUIT COURT Amy Heavilin GROWTH MANAGEMENT Christine Hurley AUGUST 2014 PREPARED BY: RFB for Disaster Response and Recovery Services for Marine Vessel and Debds Removal SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract SECTION FOUR - County Forms SECTION FIVE- -insurance Requirements Balance of Page Intentionally Left Blank RFP for Dsaster Response and Recovery Services for Marine Debris and Vessel Removal SECTION ONE: INSTRUCTION TO RESPONDENTS Monroe County ("County") is seeking professional disaster (e.g. hurricane or other natural or man-made events) response and recovery services to include the identification, removal and disposal of marine debris (including floating structures) and derelict vessels from the waters of Monroe County. The geographic scope of this Request For Proposals (RFP) includes the nearshore waters and shorelines of Monroe County in the Florida Keys including adjacent channels, and manmade canals and basins. Interested parties should provide a response which addresses the following general requirements, qualifications and capabilities, and identifies the capacity to carry out the Scope of Work that follows. In addition to a detailed description of qualifications, the respondent must provide a proposed pricing schedule for specific recovery and response services by completing Exhibit B found in Section two of this RFP. Space is provided so that fee amounts may be filled in. The Federal Emergency Management Agency (FEMA) provides public assistance funds for disaster response, debris removal and disposal operations. The County requires the awarded contractor to provide these and other disaster related services in full compliance with FEMA regulations and requirements for the County to be reimbursed for these disaster response and recovery related expenses. A. All proposals must be received by the Monroe County Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, Florida 33040, on or before 3:00_pm. on All o!!Lh DaA, 2014. Two (2) signed originals and four (4) complete copies of each proposal shall be submitted in a sealed envelope marked on the outside, "Proposal Statement - Disaster Response and Recovery Services for Marine Debris and Vessel Removal". B. All submissions must rernain valid for a period of one hundred and twenty (120) days from the date of the deadline for submission indicated 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. 287.1 33(3)(d), Florida Statute (2013). 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 and/or negotiate a contract in the best interest of the County. C. 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 Instruction to Respondents, and the contract docurnents, may be rejected at the option of the County. RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal A. Only complete sets of Request for Proposal documents will be issued and 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 RFP Documents may be obtained in the manner and at the locations stated in the Notice of Proposal Statement. Failure to complete these forms in every detail and submit them with your Response may result in immediate disqualification of your Response. 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 arnong 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. $35,000.00 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 the bid or proposal may result in immediate disqualification of the 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. A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself 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 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing 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 furnished 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. Requests for additional information must be in writing and should be directed to Richard Jones, Senior Administrator, Monroe County Marine Resources Office Suite 400, 2798 Overseas Hwy., Marathon, Florida 33050; 305/292-2356 (fax). All such requests must be received at least ten (7) days prior to the time set for the response submission and will be answered in writing to all potential Respondents, who have requested a copy of this package, at least five (5) days prior to the time set for the proposal submission. Respondents may not request nor rely upon any verbal representations concerning these specifications, 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. Knowledge of occupational license requirements and obtaining Such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 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 11 ' 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 or limited liability corporation, the title of the officer/manager signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall 3 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal state in the response the name and address of each person having an interest in the submitting entity. 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. The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8-1/2" x I I" white paper and bound; shall be clear and concise and provide the information requested herein, Statements submitted without the required information will not be considered. Responses shall be organized sections tabbed, The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested, Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Page The cover page must state "PROPOSAL STATEMENT— DISASTER RESPONSE AND RECOVERY SERVICES FOR MARINE DEBRIS AND VESSEL REMOVAL". The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person and e-mail address. B. Tabbed Sections Tab, 1. Financial Information and Litigation. In order to determine if persons submitting proposals are responsible, all responses for contracts to be awarded under this section must contain the following information: 1. A list of the person's shareholders with five percent or more of the stock; or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members, 11. A list of the officers and directors of the person. 111. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods or construction services similar to those requested in the specifications. IV. The number of years the person has operated under its present name and any prior names. V. The following, including answers to the questions regarding claims and suits: a. Has the person ever failed to complete work or provide the goods for which it has contracted? If yes, provide details. RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its officers or, general partners? If yes, provide details. c. Has the person, within the last five 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 specifications? If yes, provide details. d. Has the person 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. e. Whether, within the last five years, an officer, general partner, controlling shareholder or major creditor of the person 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 qualifications. 'Tab 2. Qualifications. The Respondent sliall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the Scope of Work. Describe the firm's use of technology in the office and in the field and how it will be used to complete the Scope of Work. Describe the firm's methodology for disaster response and marine debris recovery and disposal operations given the extensive amount of field work that will be required, as well as the firm's experience working with FEMA and other Federal and State disaster agencies. The response should consider the following professional service needs: • Ability to mobilize to the Florida Keys in a timely manner to respond to disasters in the coastal environment in preparation for recovery and disposal activities • Respondent has appropriate vehicles, vessels and equipment necessary to perform post -disaster marine recovery and disposal services, and can sub- contract with local contractors to assist with those services as necessary. • Ability to perform containment, cleanup, removal, transport, storage, testing, treatment and/or disposal of any hazardous, toxic, and industrial and bio- hazardous materials waste resulting from the disaster. • Provide project accounting services to include developing a project flow process, file and reimbursement request management, and payment tracking. ® Review all sub -contractor documentation for consistency, compliance, and completeness and require corrections as appropriate before submitting for payment. • Project scheduling and status/progress reporting • Provision of individual project final inspection reports for reimbursement and project closeout • Provide identification, removal, transportation, and disposal of marine related debris, including vessels, traps and other man-made materials. • Provide services which allow the selection of the most cost effective, permissible debris reduction method(s). • Manage and operate Temporary Debris Storage and Reduction Sites (TDSRS) to accept, process, reduce, and transport, debris material, 5 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal: Provide certified scales at TDSRS for monitoring of truck/load weights of services to determine cubic yardage or linear footage as necessary. Provide for debris transport and final debris disposal at certified disposal site/s on the mainland as necessary. Coordination with the State Division of Emergency Management, FEM,A, Florida Department of Transportation (DOT), County, and other agencies to ensure that debris collection, removal, transport, and disposal, with all necessary documentation and supporting data rneet each agency's requirements for reimbursement eligibility. Tab 3. Relevant Experience The Respondent shall provide a project history of the firrn or organization demonstrating experience with disaster response and marine debris recovery projects that are similar in scope and size to the proposed work. Tab 4. Past Performance on Similar Projects Each Respondent shall provide a list of past projects, including details of any related work in the Florida Keys within Monroe County, and atleast ,two written references of"a Florida local government or other governmental entities for which the Respondent'has provided the same or similar services during the past five years. Each reference shall include, at a minimum: Name and full address of referenced project and organization Name and telephone number of Contact person for contract Telephone nurnber(s) Date of initiation and cornpletion of contract for referenced project The list of past projects shall include a brief summary of the projects and services provided. The list should be followed with a comparison of the past projects to the services sought by this RFP. Tab 5. Project Approach The Respondent shall provide a workplan that outlines the services, that the firm is able to provide and explain how these services will be used to accomplish the Scope of Work in Section Two. The description should include details of field operations, data management operations, staffing levels, equipment to be used, rninimurn response time after a disaster, methods of marine debris collection and reduction, and methodology for complying with and responding to requirements of state and federal disaster agencies. The Respondent should describe the marine debris tracking and documentation process to ensure timely invoicing for services, and compliance with FEMA regulations and guidelines RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Tab 6. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include an organizational chart and a list of all personnel to be used to complete the Scope of Work. Resumes for each individual, including education, background and experience should be included. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. The Respondent shall provide information on any subcontractors that may be employed in performing the Scope of Work. Tab 7. Additional Services The Respondent shall describe any other disaster response and recovery related services it is capable of providing other than the basic services detailed in Section Two (Scope of Work). Tab 8. Cost Summary The Respondent shall provide a fee schedule for the recovery and response services, using Attachment B in the RFP. The respondent shall complete all pricing sections of Attachment B for which the Respondent is qualified and intends to provide services for. Tab 9. County forms Respondent shall complete and execute the forms specified below and found in Section Four in this .RFP, and shall include them in the section tabbed 9: Form Response Form Lobbying and Conflict of Interest Clause Non -Collusion Affidavit Drug Free Workplace Form Respondent's Insurance and Indemnification Statement Copies of all professional and occupational licenses shall be included in this section. Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Proposal Statement and received prior to Proposal due date and time, RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Proposal Statement- Disaster Response and Recovery Services For Marine Debris and Vessel Removal". If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. Responses will be received until the designated time and will be publicly opened and Responders 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 firne 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. Responses will be evaluated at a publicly -noticed meeting by a Selection Committee composed of the 1) Monroe County Marine Resources Senior Administrator, 2) the Monroe County Growth Management Division Director, 3) and the Monroe County Director of Engineering Services (or their designees). An additional person may be appointed by the County Administrator. The Selection Committee will evaluate the proposals based on the following criteria: I. Firm provided all necessary submittal forms (Yes/No) 2. Proximity of Respondent to the Keys and response time capabilities (.10 pt) Tab 2 3. Suitable vessels, trucks and equipment to perform the described duties (10 pt) Tab 2 4. Relevant experience in regard to scope and size of project (10) Tab 3 5, Performance record and experience, including work performed in the Keys, in the area of vessel/debris removal (20 pt) Tab 4 6. Project approach (15 pt) Tab 5 7. Experienced/trained staff(10 pt) Tab 6 8. Additional service capabilities which may be useful as needed (5 pt) Tab 7 9. Cost to County (50 pt) Tab 8 The Selection Committee will rank. the: proposals in order of preference and make a recommendation to the County Commission to execute a contract(s) with the selected Respondent(s). When the contract(s) is signed by the Respondent(s) and other required documentation has been provided (Certificates of Insurance), the contract(s) will be brought before the County Commission for final approval. No binding contract is created between any Respondent and the County until a contract is approved by the County Commission. RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 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 County, 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(s) 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, The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. WIMKAOIHMHJ��� ,10 The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to, Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do, business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Statutory Limits $ 1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Vehicle Liability (Owned, non -owned and hired vehicles) Pollution Liability Watercraft Liability $1,000,000 per Occurrence $,1,000,000 Combined Single Limit $ 1,000,000 per Occurrence $2,000,000 Aggregate $1,000,000 Monroe County shall be earned as an Additional Insured on the General Liability, Vehicle Liability, Pollution Liability and Watercraft Liability policies. Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones, Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. [IF The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The: CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its cornmissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to 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 CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, 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 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indernnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR 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 contract. 10 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel RemovaU MOA ROE 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: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE RAP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal In the event of a disaster (e.g. hurricane or other natural or man-made events), the selected firm shall be responsible for providing emergency response and recovery services for derelict vessels and marine debris, including identification, removal and disposal of marine debris (including floating structures) and derelict vessels from the coastal waters and canals of the Florida Keys within Monroe County. The awarded contractor must be available and be able to mobilize immediately, to begin work within fourteen days from the date of issuance of a Notice to Proceed by Monroe County. When issued, the Notice to Proceed and accompanying Task Order will describe the response and recovery operations to be performed which may include, but not be limited to: recovery and disposal of lobster/crab traps, derelict vessels, floating structures, and other miscellaneous debris. Scope of Work details are further defined in Exhibit A (attached), and a fee schedule for the services to be provided is outlined in Exhibit B (attached). Respondents will include in their response (Tab, 8) a copy of the Exhibit B fee schedule With proposed pricing included. In addition to payments for items indicated in Exhibit B, the County will pay all pass -through costs at the final disposal site. There shall be no other reimbursable expenses or items. Balance of Page Intentionally Left Blank IN RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 10.14 111 V-1. SCOPE OF WORK FOR RESPONSE AND RECOVERY SERVICES INCLUDING OVSTF.12 TIRAL&.Uy,��JrV, LE The Scope of Work described below will be referred to as "the Project" or "project". Lobster (or Stone Crab) TraD Removal Contractor will be responsible for managing the removal and disposal of lobster traps destroyed or substantially damaged as the result of a hurricane or other storm event; to include the identification of locations in the water where significant trap debris exists, working with the Florida Keys Commercial Fishermen's Association or other entities (as approved by Monroe County) to locate, remove, and dispose of traps, and oversight of -field monitoring, and billing for the project, Detailed Responsibilities: CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). CONTRACTOR will provide management and oversight for County designated TDSRS to manage traps prior to appropriate disposal. No traps or trap parts shall be disposed of offshore. TDSRS may be at fish houses or commercial fishing related facilities. Determine locations of significant lobster trap debris in an area from Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities. No effort should be made to assess the area within the bounds of Everglades National Park. Assessment of debris locations should not extend beyond 1/2mile further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there are known shallow water flat areas which may harbor trap debris. In addition, a less detailed assessment of the existence of lobster trap debris should be completed for the area ten miles (plus or minus) west of Key West. Traps to be removed will include only those that have washed up on shallow water "flats" in the Keys or which otherwise exist in the near shore environment of the Keys and are tangled with other trap material (trap lines particularly); such that these traps cannot be construed as being active or functional for "fishing." CONTRACTOR will provide supervision and project oversight as required by FEMA, the State of Florida, and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monitoring will include determination of actual trap removal counts of complete or partial traps and coordination with FEMA, the State of Florida, or Monroe County for verification of such counts. 0 Monroe County will maintain an independent monitoring team representing the County as the project applicant. 13 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal CONTRACTOR. will be responsible for the management of all project expenses and billing documentation as will be required by FEMA, the State of Florida, and the County. CONTRACTOR through separate sub, -contracts) may accept the assistance of any other valid, qualified contractor as needed to assist in this project. COUNTY reserves the right to solely determine if the sub -contractor in question is qualified to participate in this project. Canal and Nearshore Marine Debris, Clean-up CONTRACTOR will be responsible for managing the assessment, removal and disposal of marine debris in manmade canals and nearshore areas (within V2mile of shore) which has resulted from the impacts of hurricanes or other natural or man-made events, within the term of the Agreement. Efforts are to include the identification of locations in the water of where significant marine debris exists, contracting with local marine contractors (as necessary) to locate, remove, and dispose or marine debris, and oversight of field operations for the project. Detailed Responsibilities: CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). • Management and oversight of County designated TDSRS for storage of marine debris prior to appropriate final disposal. Determine locations of marine debris in rnanmade canals and ne:arshore areas within an area to include Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch" and Card Sound Road, to include the municipalities. The definition of manmade canal shall be that found in the Monroe County Code of Ordinances. Assess total potential volume or area (linear feet or area of canal or shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be removed and disposed of. Marine debris should include Such material that is visible on or just under the waters surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris. An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. Perform pre-rernoval assessment and mapping of canal debris using cost-effective technology, including side scan sonar or other methodology, to provide identification and assessment of debris locations. • Complete Contracts for Service with local marine contractors, as necessary, to remove debris frorn manmade canals and/or shoreline areas located in the project work area. CONTRACTOR will provide supervision for project oversight efforts as required by FEMA or the Natural Resources Conservation Service (MRCS) (U.S. Department of Agriculture), 14 RFP for Disaster Response and Recovery Services for Marine Debhs and Vessel Removd the State of Florida, and the County in coordination with County staff and/or a monitoring firm employed by the County. Monroe County will maintain an independent monitoring team representing the County as the project applicant. CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA or NRCS, the State of Florida, and the County Abandoned and Derelict Vessel Recovery and Disposal CONTRACTOR will be responsible for managing the removal from the water, impound and auction or disposal, of derelict and abandoned vessels surrounding the Florida Keys which are largely, but not exclusively, the resu➢t of impacts of hurricane and other storm events within the term of the Agreement. Efforts are to include the detailed cost assessment for the removal of larger vessels which are located in shallow waters and are hard aground. Work will also include obtaining necessary salvage approvals through applicable state and federal agencies, including the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. Detailed Responsibilities: CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS) Determine current locations of remaining abandoned and derelict vessels and determine the least costly approach for salvage or disposal as appropriate. Management and oversight of County designated temporary debris sites for storage of vesse➢s (including floating structures) and associated debris prior to appropriate final disposal. Assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost. Work with local, state, and federal agencies to approve salvage plans for vessels that are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. Prior to ultimate removal from the marine environment, reach agreement on which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. R RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal CONTRACTOR will provide supervision for project oversight efforts as required by FEMA and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monroe County will maintain an independent monitoring team representing the County as the project applicant. CONTRACTOR will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA and the County Balance of Page Intentionally Left Blank 16 RFP for Disaster Response and Recovery Services, for Marine Debris and Vessel Removal I W. FEE SCHEDULE FOR TRAPS, CANAL DEBRIS, VE SSELS AND OTHER MARINE DEBRIS 'Trap Debris Cost per Trap Removed: Shallow Water (0-2') Channels (2' VILIS) 1. All traps and trap parts collected will be brought in to Temporary Debris and Reduction Sites (TDSRS) on land, utilizing fish houses where possible. 2. When possible, the Contractor will work with local commercial fisherman and other capable and interested parties as sub -contractors for this project. 3. All trap debris will be disposed of at a certified, DEP permitted disposal site on the mainland (e.g. Central Disposal located in Pompano Beach). Disposal costs will be a pass through to the County, and reflect the actual cost of disposal at that designated disposal site, 4. Partial traps will be billed as V2 trap and at V2 the cost noted above. Counts of complete or partial traps will be determined by monitoring, as indicated in Exhibit A of the Agreement. Canal Debris Costs for Canal Debris Assessment Costs for Canal Debris Removal: Manrnade debris removal from canals. Vegetative debris removal from canal Vessels and Other Open Water Marine Debris Cost of boat/vessel and marine debris removal: per linear foot assessed per ton removed/disposed of per ton removed/disposed of Boats/Vessels retrieved from the land by means of various equipment. No use of water borne equipment. per linear foot of vessel 17 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Non Salvageable: $ - per linear foot of vessel Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ per linear foot of vessel Non Salvageable: $ _ per linear foot of vessel Other Boats/Vessel in excess of 35 feet in length retrieved frorn the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ per linear foot of vessel Non Salvageable. $ - per linear foot of vessel Houseboats, floating structures and larger vessels that may create some difficulty in removal due to location (edge of islands or in the mangroves, hard aground etc.) retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ per linear foot of vessel Non Salvageable: $ per linear foot of vessel Per day fees for storage/dockage for salvaged boats/vessels. per unit/daily Respondent responsible for providing storage/dockage site. Water based marine debris found outside of canals including nearshore co➢lection and transport to offloading site: per cubic yard collected 1. The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis. 2. Substantially intact vessels (Greater than 80%) are considered to be vessels for the purposes of this fee schedule and will be billed by the linear foot. Note, in all cases traps, vessels, and other marine debris: • Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to final resting place of trap line, floats, and funnels must be considered in any price quote provided. e Tipping -fees from final disposal of all canal/waterway debris brought to land will be a pass through cost to be determined upon designation of final disposal facilities. 18 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal This Agreement ("Agreement") made and entered into this day of 1 2015 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), MEN ff. I whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: of the State of WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: ";A N By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR has and shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 19 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such, a manner that it shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents, prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill' and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations, pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR, 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in, this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, sub -contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.,7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this AGREEMENT shall be I The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five additional years on the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. I h I Lip] 011 CONTRACTOR'S Scope of Basic Services consists, of those described in Attachment A (below). The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 9E RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation,, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, or by deposit with an overnight express delivery service with proof of receipt to the following: Christine Hurley Growth Management Division Director 2798 Overseas Hwy. Marathon, Florida 33050 And: Robert Shillinger County Attorney 1111 12 th Street, Suite 408 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 =I M0101 a I I 601;L1 0011111301 3.1 The services described in Article III are those that may be provided' by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services, but only if approved by the COUNTY before commencement. A. Providing, services of CONTRACTOR for other than, the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. I ARTICLE IV COiUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents, Written notice shall be deemed: to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with, the COUNTY's, criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4,.6 The COUNTY shall provide copies of necessary documents required to complete the work, 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, holdsi harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to 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 CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. m RFC" for Disaster Response and Recovery Services for Marine Debris and Vessel Removal In the event that 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 COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf, The first ten dollars ($10.00), of remuneration paid to the CONTRACTOR 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. WAN4610101 MENNE19AIN �*� The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: AARE FUNCTION So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. CONTRACTOR shall provide equally qualified personnel if the above named are replaced. [.,§ TJA klill 1111M I I J, , 3 1 MR Isle] Ji 23 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of thiis Agreement based on rates negotiated and agreed upon and shown in Attachment B. 6.2 PAYMENTS For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid in, accordance with assigned Tasks and completion of Tasks, based on submitted invoices. (A) if the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted', either upward or downward; (B) As a condition precedent for any payment due under this, Agreement, the CONTRACTOR shall submit proper invoices to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoices shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoices shall be accompanied by such documentation or data in support of expenses, for which payment is sought and which the COUNTY may require, and which comply with FEMA requirements. (C) Payment shall be made pursuant to the Locall Government Prompt Payment Act, 218.735, Florida Statute. There shall be no reimbursable expenses or items, other than those enumerated in the Agreement. 6.4.1 The CONTRACTOR is not entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 6.4,.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 110911I.M.-M 7.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all, times that this Agreement is in effect. 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, 24 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 7.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VlI or better, that is licensedto do business in the State of Florida and that has an agent for service of process within the State of Florida, The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall! be in a form acceptable to the COUNTY, 7.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statutes Chapter 440, B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $11,000,000 Disease each employee, C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or no�n- owned vehicles, with One Million Dollars ($1,000,000,00) combined single limit and One Million Dollars ($1,000,000.00)1,annual aggregate, D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum, of 48 months following the termination or expiration of this contract, E. Pollution Liability insurance of One Million Dollars ($1,000,000,00) per occurrence and Two Mullion Dollars ($2,000,000.00) annual aggregate. If the policy is a "Claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits, in Chapter 95 of the Florida Statutes, F. Watercraft Liability insurance of One Million Dollars ($1,000,000.00). G. Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U,S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be, permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. 25 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal H. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder for all insurance coverages except Workers Compensation and Employers Liability, I. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors, J. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The, COUNTY reserves the right to require a certified copy of such policies upon request. K. 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. U011111:4 ' M14 M = I WAJ 1, ,11 IN 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. The documents, prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 8.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives, to the other and to the successors, assigns and legal representatives of such other party. Nothing, contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. MOORE[: �M' -1�6 K 26 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. E. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles HX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 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 contracts 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 267.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subCONTRACTOR has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor (list. CONTRACTOR will promptly notify the COUNTS if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list, CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other 27 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 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 monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained' by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. N 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, COUNTY and CONTRACTOR agree that venue shall lie in the 16 th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 8.10 SEVERABILITY 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. 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 the Agreement, the prevailing party shall be, entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 8.12 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. DI blow-114 1 0 N] N 11 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. W. RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 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, This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation, KOTOTOT—i W;7-.Vf am, I 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. CONTRACTOR and COUNTY 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. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s, 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6,107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) 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; 7) The Public Health Servilce 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 patient records; 8) Title VIll 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; 9) 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; 10) Monroe County we, RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACTOR and COUNTY 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. 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 112.311, et seq, 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. I-V41M 0 Lex*ej 4 Lei I IF -A 9 reG 9 JI-IA7TNF4VkI The CONTRACTOR and COUNTY 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. 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 as amended by Ordinance 020-1990 or any county officer or employee in violation of Section 3 of Ordinance No. 010-1 990. 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. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records, and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 34 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems, of Monroe County. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, andl 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. 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. 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 CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. H 'I _B1111:11b W-11111111611=63IF-IN1141L --jr-1111111 CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Druigi-Free 31 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 8.27 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. 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. This Agreement is subject to the following provisions which are incorporated in and made a part of this Agreement. 8.29.1 Davis -Bacon Act - In accordance with the Davis -Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.aiecess.gp2_qov/dav'isbacon/fl.hti�nl under Monroe County. 8.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 8.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement, The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement, 32 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated, (SEAL) Attest: Amy Heavilin, Clerk By: Deputy Clerk Date: By: WITNESS Print name: By: WITNESS Print name: STATE OF 1=92= 11 •r,- By: Mayor/Chairman in Print name and title: On this day of 201before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires 33 9 M- RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal EXHIBIT A SCOPE OF WORK FOR RESPONSE AND RECOVERY SERVICES INCLUDING LOBSTER TRAPS, MARINE DEBRIS, AND ABANDONED AND DERELICT VESSELS The Scope of Work described below will be referred to as "the Project" or "project". Lobster (or Stone Crab) Trap Re oval Contractor will be responsible for managing the removal and disposal of lobster traps destroyed or substantially damaged as the result of a hurricane or other storm event; to include the identification of locations in the water where significant trap debris exists, working with the Florida Keys Commercial Fishermen's Association or other entities (as approved by Monroe County) to locate, remove, and dispose of traps, and oversight of field monitoring, and billing for the project. Detailed Responsibilities: CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). CONTRACTOR will provide management and oversight for County designated TDSRS to manage traps prior to appropriate disposal. No traps or trap parts shall be disposed of offshore. TDSRS may be at fish houses or commercial fishing related facilities. Determine locations of significant lobster trap debris in an area from Key West to Key Lai -go and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities. No effort should be made to assess the area within the bounds of Everglades National Park. Assessment of debris locations should not extend beyond 1/2mile further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there are known shallow water flat areas which may harbor trap debris. In addition, a less detailed assessment of the existence of lobster trap debris should be completed for the area tell miles (plus or minus) west of Key West. Traps to, be removed will include only those that have washed up on shallow water "flats" in the Keys or which otherwise exist in the near shore environment of the Keys and are tangled with other trap material (trap lines particularly); such that these traps cannot be construed as being active or functional for "fishing." CONTRACTOR will provide supervision and project oversight as required by FEMA, the State of Florida, and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monitoring will include determination of actual trap removal counts of complete or partial. traps and coordination with FEMA, the State of Florida, or Monroe County for verification of such counts. Monroe County will maintain an independent monitoring, team representing the County as the project applicant. 34 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA, the State of Florida, and the County. CONTRACTOR through separate sub -contracts) may accept the assistance of any other valid, qualified contractor, as needed to assist in this project. COUNTY reserves the right to solely determine if the sub -contractor in question is qualified to participate in this project. Canal and Nearshore Marine Debris Clean-up CONTRACTOR will be responsible for managing the assessment, removal and disposal of marine debris in manmade canals and nearshore areas (within '/2 mile of shore) which has resulted from the impacts of hurricanes or other natural or man-made events, within the term of the Agreement. Efforts are to include the identification of locations in the water of where significant marine debris exists, contracting with local marine contractors (as necessary) to locate, remove, and dispose or marine debris, and oversight of field operations for the project. Detailed Responsibilities. CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). Management and oversight of County designated TDSRS for storage of marine debris prior to appropriate final disposal. Determine locations of marine debris in manmade canals and nearshore areas within an area to include Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch" and Card Sound Road, to include the municipalities. The definition of manmade canal shall be that found in the Monroe County Code of Ordinances, Assess total potential volume or area (linear feet or area of canal or shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be removed and disposed of. Marine debris should include such material that is visible on or just under the water's surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris. An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. Perform pre-rernoval assessment and mapping of canal debris using cost-effective technology, including side scan sonar or other methodology, to provide identification and assessment of debris locations. Complete Contracts for Service with local marine contractors, as necessary, to remove debris from rnarimade canals and/or shoreline areas located in the project work area. • CONTRACTOR will provide supervision for project oversight efforts as required by FEMA or the Natural Resources Conservation Service (MRCS) (U.S. Department of Agriculture), 35 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal the State of Florida, and the County in coordination with County staff and/or a monitoring firm employed by the County. Monroe County will maintain an independent monitoring team representing the County as the project applicant. CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA or NRCS,, the State of Florida, and the County Abandoned and Derelict Vessel Recovery and Disposal CONTRACTOR will be responsible for managing the removal from the water, impound and auction or disposal, of derelict and abandoned vessels surrounding the Florida Keys which are: largely, but not exclusively, the result of impacts of hurricane and other storm events within the term of the Agreement. Efforts are to include the detailed cost assessment for the removal of larger vessels which are located in shallow waters and are hard aground. Work will also include obtaining necessary salvage approvals through applicable state and federal agencies, including the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, Detailed Responsibilities: CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS) Determine current locations of remaining abandoned and derelict vessels and determine the least costly approach for salvage or disposal as appropriate. Management and oversight of County designated temporary debris sites for storage of vessels (including floating structures) and associated debris prior to appropriate final disposal. Assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost. • Work with local, state, and federal agencies to approve salvage plans for vessels that are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. • Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. Prior to ultimate removal from the marine environment, reach agreement on which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. 36 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal CONTRACTOR will provide supervision for project oversight efforts as required by FEMA and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monroe County will maintain an independent monitoring team representing the County as the project applicant. • CONTRACTOR will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA and the County Balance of Page Intentionally Left Blank 37 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 10.14 a, I 113 1 d FEE SCHEDULE FOR TRAPS, CANAL DEBRIS, VESSELS AND OTHER MARINE DEBRIS Cost per Trap Removed: Shallow Water (0-2') Channels (2' plus) 1. All traps and trap parts collected will be brought in to Temporary Debris and Reduction Sites (TDSRS) on land, utilizing fish houses where possible. 2. When possible, the Contractor will work with local commercial fisherman and other capable and interested parties as sub -contractors for this project. 3. All trap debris will be disposed of at a certified, DEP permitted disposal site on the mainland (e.g. Central Disposal located in Pompano Beach). Disposal costs will be a pass through to the County, and reflect the actual cost of disposal at that designated disposal site. 4. Partial traps will be billed as 1/2 trap and at !A. the cost noted above. Counts of complete or partial traps will be determined by monitoring, as indicated in Exhibit A of the Agreement. Canal Debris Costs for Canal Debris Assessment per linear foot assessed Costs for Canal Debris Removal: Manmade debris removal from canals. $ per ton removed/disposed of Vegetative debris removal from canal $ per ton removed/disposed of Vessels and Other Open Water Marine Debris Cost of boat/vessel and marine debris removal: Boats/Vessels retrieved from the land by means of various equipment. No use of water borne equipment. per linear foot of vessel 38 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Non Salvageable: $ - per linear foot of vessel Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ per linear foot of vessel Non Salvageable: $ - per linear foot of vessel Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc, Salvageable: $ per linear foot of vessel Non Salvageable: $ - per linear foot of vessel lJouseboats, floating structures and larger vessels that may create some difficulty in removal due to location (edge of islands or in the mangroves, hard aground etc.) retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ per linear foot of vessel Non Salvageable: $ _ per linear foot of vessel Per day fees for storage/dockage for salvaged boats/vessels. per unit/daily Respondent responsible for providing storage/dockage site. Water based marine debris found outside of canals including nearshore collection and transport to offloading site: per cubic yard collected 1. The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis. 2. Substantially intact vessels (Greater than 80%) are considered to, be vessels for the purposes of this fee schedule and will be billed by the linear foot. Note, in all cases traps, vessels, and other marine debris: • Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to final resting place of trap line, floats, and funnels must be considered in any price quote provided. • Tipping fees from final disposal of all canal/waterway debris brought to land will be a pass through cost to be determined upon designation of final disposal facilities. 39 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 11 1 � 11 � 1111 1 lI i, I IN � I M�Imm Balance of Page Intentionally Left Blank 40 RFP for Disaster Response and Recovery Services for 1Vlariine Debris and Vessel Removal RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS N PURCHASING DEPARTMENT GATO BUILDING, ROOM 1100 SIMONTON KEY WEST, i 33040 1. 1 acknowledge receipt of Addenda No.(s) o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non -Collusion Affidavit • Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement a Insurance Agent's Statement o Local l Preference Form if applicable n/a a Check mark items above as a reminder that the are included. 3, In addition, I have included a current copy of the following professional licenses and business tax receipts: 4. Failing Address: 5. Respond ing/Submittiing Entity Name I represent and state that I have full authority as Responder to execute this response form. By Signature Print Name: STATE OF COUNTY OF Title Tel: Fax: Date: The foregoing instrument was acknowledged before me this day of 20by , who is C ] personallly known to me, or who [ has produced as identification. 6 41 Notary Public RFP for Disaster Response and Recovery Services for Marine Debris and' Vessel Removal ETHICS CLAUSE �aygrel -w Im LWA 9 . •f I � 0 1 1 . . I MjTJ1* (Company) "...warrants that it has not employed, retained or otherwise had act on its behalf any former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No. 010-1990 as amended by 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, 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." STATE OF: N�11111� Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced identification) as identification. 42 (Signature) (name of affiant). He/She is personally My Commission Expires: (type of RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal NON-COLLUSIOAFFIDAVIT 1, of the city of oath, and under penalty of perjury, depose and say that according to law on my a. 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; b. 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; C. 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 d. 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; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Moniroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF: Subscribed and sworn to (or affirmed) before me on me or has produced identification) as identification. 43 (Signature) (date) by (name of affiant). He/She is personally known to INENNAIIN My Commission, Expires: (type of RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 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 imposed upon emiployees 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) STATE OF: COUNTY OF: Subscribed and sworn to, (or affirmed) before me on me or has produced identification. 44 (name of affiant) (date) by He/She is personally known to — (type of identification) as NOTARY PUBLIC My Commission Expires: RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal 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, STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by known to ime or has produced identification. (Signature) Date: (name of affiant). He/She is personally (type of identification) as My Commission Expires: 45 RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Insurance Requirement Worker's Compensation Employer's Liability General' Liability Vehicle Liability Pollution Liability Watercraft Liability Reguired Limits Statutory Limits $1,0010,000/$I,Ooo,000/$1,000,000 $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate $1,000,000 per occurrence $2,000,000 annual aggregate $1,000,000 $1,000,000 The CONTRACTOR 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 CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, 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 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration, paid to the CONTRACTOR 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. I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. W RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal Respondent Signature SECTION FIVE: INSURANCE REQUIREMENTS Insurance Requirement Worker's Compensation Employers' Liability Insurance 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) Pollution Liability Watercraft Liability Required Limits Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $ 1,000,000 Combined Single Limit $ 1,000,000 per Occurrence $,1,000,000 Combined Single Limit $1,000,000 per Occurrence $2,000,000 Aggregate $1,000,000 Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability, Pollution Liability and Watercraft Liability policies. Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million, The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. Additional Information The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies (except Workers Compensation) issued to satisfy the above requirements. 47 % -If"I 0 4 e 111, MOM 11 i 0011 NALIKININ, IQ I W213-pi 11 MAUVRIMANASM 01" 414 N a L I NMI I 0 0 0 1 0 �qllfflidjl I 1IM-110111PIER Roman Gast,esi, Jr. CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT Amy Heavilin Christine Hurley SEPTEMBER 26,2014 PREPARED BY: Monlroe County Marine Resources O,ffice Page 2 of 4 Addendum No. I Disaster Response and Recovery Services for Marine Debris and Removal Opening November 6, 2014 FOR MARINE DEBRIS ■ AND VESSEL REMOVAL MONROE COUNTY9 FLORIDA 11 0=111 # Question: "We are in the process of reviewing the RFP for "Disaster Response and Recovery Services for Marine Debris and Vessel Removal" and wanted to verify the clue date i ifirl the notice of request for competitive solicitations, it shows the clue date as November 6, 2014 @ 3:00 PM. #n page 3 of the RFP it states: 'All proposals must be received by the Monroe County Purchasing Office, 17 00 Simonton Street, Room 2-213, Key West, FL 33040 on or before 3.-00 pm on Month Day, 2014. " If you could please verify the: diue date so we can adjust our calend.r, I would greatly appreciate Ansiwer: The due date for receipt of proposals for this solicitation is November 6, 20114 as stated in the published Notice of Request for Competitive Solicitations. Page 3 of 4 Addendum No.1 Disaster Response and Recovery Services for Marine Debris and Removal Opening November 6, 2014 All addenda to a request for sealed competitive solicitations must be available for viewing on Demandstar no later than five (5) days prior to the advertised opening (not counting the day of the opening) and/or in compliance with any other applicable requirements. Addenda shall clearly point out any addition or change to the specifications. It is the responsibility of the requesting Department and/or Division Director to ensure that all addenda is reviewed and approved by legal prior to submission to Purchasing. All addenda must be accompanied by this Approval to Issue Addendum form which must be executed by the reviewing County Attorney or Assistant County Attorney and the requesting Department and/or, Division Director (as applicable) or their designee PRIOR to submission to Purchasing for approval and execution by the Purchasing Director or designee. Addenda received by Purchasing without this form or without proper execution will be returned to the requesting Department/Division Director. County Attorney or Assistant County Attorney Date Department Director (or designee) C41 1 Division Director (or designee) Purchasing Director (designee) Date � zqto Date FITM- Re: ADDENDUM NO. 1: Disaster Response and Recovery Services for Marine Debris And Vessel Removal — Opening November 6,2014 (Name as appears on the cover page of the Competitive Solicitation) Page 1 of 4 Addendum No.1 Disaster Response and Recovery Services for Marine Debris and Removal Opening November 6, 2014 low I R-U-1111011 AM S V'rum Ito FBI [W4M Roman Gastesi, Jr. CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT Amy Heavilin, Christine Hurley OCTOBER 28, 2014 PREPARED BY: Monroe County Marine Resou�rces Office Page 2 of 3 Addendum NO,2 Disaster Response and Recovery Services for Marine Debris and Removal Opening November 6, 2014 AINInG •; replacesThe information contained in this Addendum modifles, supplements, or Request for Proposals (RFP) and is 1' w. ' 1 1 w' Documents.. twicla s1,1 N w . V, l .'11 such requestsreceivedat leastdaysprior to time set for the responsesubmission..." "All such requests must be received at least seven (7) days prior to the time set for w1 submission..." 3. Monroe County is extendingd open r responses 1, Wednesday,December 3, 2000 p.m. End of Addendum No. 2 r.�instratr Munroe aunty Maxine Resources Office Pugs 3 of Addendum No. 2 Disaster Response and Recovery Services for Marine Debris and Removai Opening November 6, 2014 ADDENDUM NO. 31 November 17, 2014 a I I CA OF 1111-A fa 4, LOW01111 BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5i Mayor Pro -Tern Danny L. Kolhage, District 1 Commissioner George Neugent, District 2 Commissioner Heather Carrut�hers,, District 3 Commissioner David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi, Jr. CLERK OF THE CIRCUIT COURT Amy Heavilin Christine Hurq\Tt3� ley NOVEMBER 17,2014 PREPARED BY: MonroCounty Marine Resources Office Page 2 of 7 Addendum No.3 Disaster Response and Recovery Servi[ces for Marine Debris and Vessel Removal Opening extended to December $, 2014 rl'F111111 `11,15111 a PI'Atri III E&III RI -I 1 R-4 NO DIM HIM LI Response by the Board of County Commissioners of Monroe County, Florida to the following questions received by Monroe County on 10/27/2014: Question 1: Exhibit A: Pg. 13 - "Determine locations of significant lobster trap debris in an area from Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities." How does the County want this accomplished? Side scan sonar for submerged and visual survey for surface/shore? How is visual survey compensated? Can this be conducted by aerial survey (per acre unit)? Answer: As described in Exhibit A, pg. 13- Trap removal is only for traps on shallow flats or which otherwise exist in the near -shore environment of the Keys, which only requires visual surveying for assessments. Aerial surveys may be performed to obtain general locational information, and visual surveys on the water may be performed to obtain more specific locational information. There is no compensation for surveys for traps. Question 2; Exhibit A- Pg. 14 - "Assess total potential volume or area (linear feet or area of canal or shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be rernoved and disposed of." How is this accomplished? Side scan sonar for submerged and visual Survey for surface/shore? How is visual survey compensated? Answer: As described in Exhibit A, pg. 14 - Assessment and mapping may include side scan sonar or other methodology. See the 'Canal Debris' section of Exhibit B, pg.] 7 regarding survey compensation. Question 3: Exhibit A- Pg. 14 - "CONTRACTOR will be responsible for managing the assessment, removal and disposal of marine debris in manniade canals and near shore areas," Contractor is not authorized to determine debris eligibility, Standard process is for Monitor or County to determine eligibility. Would the County consider changing this requirement? Answer: Determination of reimbursement eligibility for removal of marine debris will be a coordinated effort, and will not solely be determined by the Contractor. Page 3 of 7 Addendum No.3 Dusaster Response and Recovery Services for Marine Debris and Vessef Removal Opening extended to December 3, 2014 Question 4: Exhibit A: Pg. 14 - "Marine debris should include such material that is visible on or just under the water's surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed." Contractor cannot be responsible (liable) for determination of what would cause a hazard. Contractor cannot determine eligibility of debris. Should be determined by Monitor or County, (In NJ Sandy Recovery Mission, debris within 6'of surface was considered hazardous), Answer: No response, Question 5: Exhibit A: P& 14 - "An effort should be rnade to contact a property owner to obtain permission to, remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation," In our experience, Contractor does not assume responsibility for, removal of private property (i.e. broken docks that are tied) nor obtaining approval from property owner; confirmation needs to be obtained by County, monitoring firm or other authority. Would the County consider amending this language? Answer: No. Ouestion 6: Exhibit A: P& 15 - "CONTRACTOR will be responsible for managing the removal from the water, impound and auction or disposal, of derelict and abandoned vessels" Who determines if vessel is auctioned or disposed of? What is the scope for an auction? There are additional costs involved in holding an auction and we would like to be reimbursed for those costs. Who receives the proceeds? Answei-: Section Two: Scope of Work, pg. 12 indicates that a Task Order issued by the County will describe the operations to be performed. That description, based on the County's assessi-nent of the derelict and abandoned vessel scenario of the specific, disaster event, will further detail any need for salvage or disposal operations (as opposed to disposal). Proceeds generated at auction would be retained by the County. Question.7: Exhibit A: Pg. 15 - "Determine current locations of remaining abandoned and derelict vessels and determine the least costly approach for salvage or disposal as appropriate," How is this accomplished, side scan sonar for submerged and visual survey for surface/shore? How is contractor compensated for both of these processes? Who will secure the FWC and other environmental agencies approval for the removal of the vessel and subsequent Costs? Answer; Derelict and abandoned vessels may be identified, and approved for removal, by FWC or other enforcement agencies. If additional removal approvals are required Monroe County will process those approval requests/applications. Derelict and abandoned vessels to be removed are typically visible from the surface or through aerial surveys. Contractor compensation includes the removal and disposal of abandoned and derelict Addendum No.3 Disaster Response and Recovery Services, for Marine Debris and Vessel Removal Opening extended to December 3, 2014 vessels, which will be indicated in the Attachment B fee schedule in the final contract. There is no compensation for abandoned and derelict vessel surveys. Question 8: Exhibit A: Pg. 15 - "Assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost." Can the County please clarify the above statement? This function is usually perfortned by the County or the Monitoring Firm, Answer: The County will coordinate with the Contractor on the described responsibility. Question 9: Exhibit A.- Pg. 15 - "Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible"' under, FEMA's eligibility guidelines. This is traditionally a function and responsibility of the monitoring firm, FEMA or County. Will the County consider changing this language? Answer: The County will coordinate with the Contractor oil the described responsibility. Eligibility determination typically will be a function Of the County and monitoring firm working with the FEMA and the Florida Division of Emergency Management Services, but the County will coordinate with the Contractor on eligibility considerations and agreement on those vessels to be removed. Ouestion 10- Exhibit A: P& 15 - "Prior to ultimate removal from the marine environment, reach agreement oil which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction." While a vessel is in the water, it is difficult to determine the value. Would the County consider making this determination after it has been removed from the water? Who determines if vessel is auctioned or disposed of Answer: The County will coordinate with the Contractor on the described responsibility. Question 11: Exhibit B: P& 17 - "Costs for Canal Debris Assessment $ per linear foot assessed." Can the County provide the minimum current linear feet of canal involved in this assessment? Will all canals be scanned at same time or in different approval stages? Answer: There is no minirnurn linear footage of canal stipulated. Specifics regarding stages, or other disaster event specific logistical efforts are not stipulated in the RFP. Question t2: Exhibit B: P& 17 - "Manmade debris removal from canals. $ per ton removed/disposed of Vegetative debris removal from canal $ per ton removed/disposed of." Page 5 of 7 Addendum No.3 Disaster Response and Recovery Services for Marine Debris and Vessel Removal Opening extended to December 3, 2014 For case of measurement, would the County consider using cubic yards instead of tons? An -ewer: The Fee Schedule (Exhibit B pg. 17) specifies costs for disposal of canal debris by weight (tons). The measurement will remain by weight (tons). Question 13,: Exhibit B: P& 18 - "Per day fees for storage/dockage for salvaged boats/vessels." What is required (e.g, scope) for storage area (fence, gate, supervision)? Who provides the land? A nAwor- Exhibit B, pg. 18 indicates that the respondent is responsible for providing storage/dockage site, No specific requirements for storage sites are stipulated in the Rf P, Question 14: Is the County aware that our fees to collect vessels will include the necessary Hazmat removal of materials including but not limited (Fuel, oil, other vessel contaminants)? Can the County clarify in the scope? Answer: The fee schedule in Exhibit B provides for a variety of scenarios (e.g. size ranges, etc.) for removal and disposal of vessels. It is the Contractor's responsibility to property handle and dispose of any materials, equipment, appurtenances, etc. that unay be associated with the vessel, including contaminants such as fuel and oil. Exhibit B, pg. 17 further indicates that 'The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis". Question 15: .Exhibit B: Pg., 18 - "Load and haul to final resting place, any necessary separation etc...."' Would the County consider changing to a tiered mileage system such for transportation e,g. 0- t 5 miles $ /CYD 15-30 miles $--.- /CYD, etc.,...? If it was a very significant event, we may have to have aTDSR in Key West and a Final disposal site in Homestead which would be 130 miles from Key West or even further north. Answer: As indicated in Exhibit B, pg. 18 the load and haul to the final resting place should be considered in the price quote. County does not pay for load and haul (for traps, derelict vessels, or other marine debris). Question 16: We are concerned that there is not enough classifications for reduction, separation, Hazinat Removal and final disposal for the manmade debris: White Goods, Electronic Waste, Household Hazardous, Freon etc. -Would the County consider adding these to the pricing requests? Answer: As indicated in Exhibit B pg. 18 any separation and reduction costs must be considered in any price quote provided. Question 17: What temporary facilities will be required at the TDSR's and who will be responsible for those costs? Such as security fencing, sanitary facility, storm -water requirements and the restoration of the TDSR after the prqject is complete. Answer: Page 6 of 7 Addendum No.3 Disaster Response and Recovery Services for Marine Debris and Vessel Removal Opening extended to December 3, 2014 As indicated in Exhibit A on pages 13, 14 and 15 it is the Contractor's responsibility for locating appropriate Temporary Debris Storage and Reduction Sites, Through coordination with Contractor and appropriate agencies the County will designate the sites. Contractor is responsible for management and oversight of the sites. County is responsible to pay costs indicated in Exhibit B, - Fee Schedule. Addendum No.3 Disaster Response and Recovery Services for Marine Debris and Vessel Removal Opening extended to December 3, 2014