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Item U1 U.1 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: U.1 Agenda Item Summary #5607 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a no-cost Amendment No. 1 to the contract with Adventure Environmental, Inc. for marine debris removal services for plugged and non- plugged canals, to lower the bonding limits to reflect the contract amount. ITEM BACKGROUND: F.S. 255.05 requires contractors on public works projects to furnish performance and payment bonds in the amount of the contract. The contract in this case has a maximum not-to-exceed amount of $200,000. The RFP that was issued for this work, and the resulting contract, called for a performance bond and a payment bond in the amount of $1 million. However, the proposal turned in by this contract came in much lower than the original estimate. This amendment lowers the amount of each bond (or one combined bond) to equal the contract price. PREVIOUS RELEVANT BOCC ACTION: 03/21/19: Approval to advertise a Request for Proposals (RFP) for marine debris removal and related services, funded by grant funds from the Florida Department of Environmental Protection, for removal of marine debris created by Hurricane Irma from plugged canals in unincorporated Monroe County. 05/08/19: Approval to enter into a contract with Adventure Environmental, Inc. the top ranked vendor for marine debris removal services for plugged and non-plugged canals in an amount of $200,000; funded by grants LP44073, LP44074 and SDO05 from the Florida Department of Environmental Protection. CONTRACT/AGREEMENT CHANGES: Reduce bonding limits from $1 Million to $200,000 STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg. 3085 U.1 Amendment 1 AEI Contract Plugged Canals with atty stamp AEI Contract with attorney stamp FINANCIAL IMPACT: Effective Date: May 22, 2019 Expiration Date: N/A Total Dollar Value of Amendment No. 1: $0 Total Value of Contract: $200,000 Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: TBD Staff Time Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: N/A REVIEWED BY: Rhonda Haag Completed 05/13/2019 2:31 PM Cynthia Hall Completed 05/13/2019 2:55 PM Budget and Finance Completed 05/14/2019 6:40 AM Maria Slavik Completed 05/14/2019 9:04 AM Kathy Peters Completed 05/14/2019 9:12 AM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 3086 AMENDMENT NO. 1 TO THE 6 Z AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICAN IRMA E BETWEEN E MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND 0 ADVENTURE ENVIRONMENTAL,INC. 0 E T This Amendment No.I to the Agreement for Marine Debris Removal as a Result of Hurricane Irma("Agreement")is made and entered into on May 22, 2019 by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" through the Monroe Board of County Commissioners ("BOCC") and Adventure Environmental, Inc., its successors and assigns, hereinafter referred to as "CONTRACTOR" (collectively E hereinafter referred to as the 'Parties"). U) WITNESSETH: WHEREAS, on May 8, 2019, the Parties entered into the Agreement, by which the CONTRACTOR agreed to provide marine debris removal and related services as defined in the A Scope of Services contained in Article 11 and Attachment A to the Agreement,which services shall collectively be referred to as the "Project"; and WHEREAS, Article VII of the Agreement specifies that the maximum amount of CD .2 compensation to be paid to the CONTRACTOR under the Agreement is $200,000.00, and a. WHEREAS, Section 255.05, Florida Statutes, provides that person entering into a formal contract with any county for a public work is required to furnish a payment and performance bond fu0 U with a surety insurer authorized to do business in the state, and Section 255.05(l)(g)l. further states that the amount of the bond shall equal the contract price; and WHEREAS, Section 10.2.1 of the Agreement currently requires the CONTRACTOR to E 'a furnish a payment bond in the amount of one million dollars ($1,000,000.00), and Section 10.2.2 requires the CONTRACTOR to furnish a performance bond in the same amount, which is more E than the contract price; and WHEREAS, the Parties agree to modify the amount of the bonds to be provided by the E CONTRACTOR to make the amount of bonding coverage equal to the contract price, thus Packet Pg. 3087 requiring the CONTRACTOR to famish a performance and payment bond in the amount of $200,000, or separate performance and payment bonds in the amount of$200,000 each; 6 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements z stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: E 1. The bond limits in Paragraph 10.2.1 of the Agreement, Payment and Performance Bonds E are revised from One Million Dollars ($1,000,000.00) to Two Hundred Thousand Dollars ($200,000.00). As a result, Paragraph 10.2.1 is revised in its entirety and replaced to read as follows: 0 10.2 PAY MENT AND PERFORMANCE BONDS 0 E 10.2.1 The Proposer shall be required to furnish a payment bond equal to Two Hundred Thousand Dollars ($200,000.00) or the Task Order cost, whichever is higher, prior to issuance of the contract. The bond must be issued by an A rated surety company doing business in the State of Florida. 2. Paragraph 10.2.2 is unchanged and will require the CONTRACTOR to famish a performance bond in the amount of$200,00.00. E 3. In all other respects, the provisions of the Agreement remain unchanged and in full force and effect. A 11HE,BALANCE OF THIS PAGE INTENTIONALLY LEFT 0 E E E 2 Packet Pg. 3088 --------------- ............. -————------------------------------------------------------------------------------------------------------------------------------------------------------------ IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. 6 Z (SEAL) E MONROE COUNTY BOARD OF COUNTY COMMMISSIONERS Attest: Kevin Madok, Clerk E By: By: Deputy Clerk 0 Date: > 0 E ADVENTURE ENVIRON�� T ,%,� .0 X, Z SEAL By: By: 7- ej E TNESS U) Print name: Print name and title: % IL A By: WITNESS Print name: ��&rw L'I-e-, - IL 0 APPROVED AS TO FORM: MONROE COUNTY ATTORNEY'S OFFICE E Digitally signed by Cynthia L.Hall DN:cn=Cynthia L.Hall, 0 o=Monroe County BOCC,ou, E ernail=hall- < cynthia@monroecounty-fl.gov, C=US Date:2019.05.13 14:35:58-04'00' E 3 Packet Pg. 3089 U.1.b AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ADVENTURE ENVIRONMENTAL INC. d This Agreement ("Agreement") made and entered into this 8t' day of May, 2019 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton E Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), Adventure Environmental, Inc. , a corporation of the State of Florida, whose address is 160 Georgia Avenue, Tavernier, Florida 33070, its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane 0 Irma; and WHEREAS, the County applied to FDEP for funding of marine debris removal and related a� services; and a� WHEREAS, the FDEP has approved $242,265.44 for the clearing and monitoring of marine debris from plugged and non-plugged canals; and cu WHEREAS, the County may apply to FDEP for additional funding for clearing of additional canals in the event USDA NRCS EWP does not approve the remaining most impacted canals; and WHEREAS, the COUNTY issued a solicitation for Marine Debris removal work for plugged and non-plugged canals for work funded by FDEP; and WHEREAS, the CONTRACTOR responded and was the top ranked proposer; and WHEREAS, the COUNTY desires to employ the services of the CONTRACTOR for marine debris removal work related to Hurricane Irma; and WHEREAS, CONTRACTOR has agreed to provide marine debris removal for plugged and a non-plugged canals, and marine debris removal and related services, dredging and trucking services, which services shall collectively be referred to as the "Project"; and WHEREAS, the CONTRACT at this time shall be limited to marine debris clearing services up to the amount of FDEP funding available for debris clearing and monitoring from Grants LP44073 ($42,265.44 total), SDO05 ($100,000) and LP44074 ($100,000 total). 1 Packet Pg. 3090 U.1.b 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: ARTICLE 1 FORM OF AGREEMENT 1.1 REPRESENTATIONS AND WARRANTIES d By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: E 1.1.1 The effective date of this AGREEMENT shall be May 8, 2019. The term of the AGREEMENT shall be for a one-year period until May 7, 2020, unless otherwise terminated as provided herein. Work performed for Grant SDO05 must be completed by June 15, 2019, which includes but is not limited to plugged canals 19, 20, 62, 309 and 448. Any extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. The COUNTY shall have the option of extending the AGREEMENT for up to two (2) additional years on the same terms and conditions with approval of the COUNTY'S BOCC. Such extension(s) shall 0 be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. 1.1.2 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; 1.1.3 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. U) 1.1.4 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. 0 �s 1.1.5 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regard to his performance and those directly under his employ. 1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Time is of the essence in this contract. 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. 2 Packet Pg. 3091 U.1.b 1.1.7 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. 1.1.8 This Agreement shall consist of this document, including any exhibits or attachments to the _ document; the Request for Proposal issued by the County; and the vendor's response to the RFP (proposal). This Agreement includes the following exhibits and attachments: z Attachment A Scope of Services E Attachment B Pricing Schedule Attachment C General Requirements, Special Provisions And General Conditions E Attachment D FDEP Grant SDO05 Attachment E FDEP Grant LP 44073 Attachment F FDEP Grant LP 44074 0 ARTICLE II SCOPE OF BASIC SERVICES 0 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon receipt of written Task Orders from the COUNTY. The task order shall contain a description of the services to be performed. Task Orders will be issued only for 30 days of work at a time. Upon completion of a Task Order, the County, at its option, will issue another Task Order for another 30 days of work. Time is of the essence and the CONTRACTOR must begin performance immediately upon the execution of each Task Order. At all times, the Contractor shall comply with and is bound by the terms and conditions set forth in DEP Grant SD005, FDEP Grant LP 44073, and FDEP Grant LP 44074, copies of which are attached hereto as Attachments C, D, and E and their terms incorporated by reference. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, c U omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its FU subcontractors, or both. 2.3 NOTICE REQUIREMENT c� 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: 3 Packet Pg. 3092 U.1.b Mr. Robert Shillinger County Attorney 1111 121' 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 z For the CONTRACTOR: E Mr. Gregory Tolpin 12895 Southwest 871'Avenue Miami, Florida 33176 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III are those that may be provided by the CONTRACTOR 0 (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 U) Services but only if approved by the COUNTY before commencement. a� 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. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. c 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 a Task Order and a notice to proceed from the COUNTY, shall the 0 CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'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 Packet Pg. 3093 U.1.b 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. z 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its E 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 E 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 0 immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONTRACTOR covenants and agrees to indemnify, hold 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. 5.2 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 U 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. 5 Packet Pg. 3094 U.1.b This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL 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 z individuals will perform those functions as indicated: E NAME FUNCTION Greg Tolpin Project Manager Chris Calarusso Superintendent 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. E ARTICLE VII COMPENSATION 7.1 CONTRACT SUM a The Contract Sum shall not exceed Two Hundred Thousand Dollars ($200,000.00) unless amended by formal approval of the Monroe County BOCC. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on the lump sum rates for the plugged canals clearing and the rates negotiated and agreed upon for any non-plugged clearing and shown in the Pricing Schedule in Attachment B. 7.2 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. All invoices must meet FDEP standards and requirements. Payment will be made upon the completion of individual Task Orders. E (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 6 Packet Pg. 3095 U.1.b 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 FDEP requirements. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. 7.3 REIMBURSABLE EXPENSES c There shall be no reimbursable expenses or items, other than those enumerated in the E Agreement. � E 7.4 BUDGET 7.4.1 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 E Commissioners. 7.4.2 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 receipt of funds by FDEP. ARTICLE VIII INSURANCE 8.1 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for 0 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. c� 8.3 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, $1,000,000 Disease each employee. 7 Packet Pg. 3096 U.1.b 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 ofsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) 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 z covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and E Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per E 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 E expiration of this contract. E. Pollution Liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million 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). U) 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. U w H. COUNTY and FDEP shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder for all insurance coverages except Workers Compensation and Employers Liability. E c� L 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 8 Packet Pg. 3097 U.1.b COUNTY reserves the right to require a certified copy of such policies upon request. The CONTRACTOR shall provide these certificates within ten (10) days following execution of this Agreement. Thereafter, the CONTRACTOR shall provide updated certificates as necessary,prior to expiration of the current policy period. 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. d ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 0 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. 9.3 SUCCESSORS AND ASSIGNS a 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. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. E 9.5 TERMINATION A. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the 9 Packet Pg. 3098 U.1.b spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other party; however, this provision may not be exercised during hurricane season (June 1 to November 30) unless both parties mutually agree to _ terminate. In the event of termination, the County shall owe for all goods and services delivered prior to the date of termination. z B. Termination for Cause and Remedies: In the event of breach of any contract terms, the E COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to E perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the E CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 (5) days written notification to the CONTRACTOR. c 9.6 CONTRACT DOCUMENTS a This contract consists of the Request for Proposal including any addenda, this Agreement (Articles I-IX), the CONTRACTOR'S Proposal in response to the RFP including any exhibits or Exhibits, and modifications to the Agreement made after execution by written U amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES /CONVICTED VENDOR LIST AND DEBARMENT c� 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 to Packet Pg. 3099 U.1.b Section 287.017 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 Z 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 E 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 E vendor list. CONTRACTOR will promptly notify the COUNTY 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. 0 9.8 MAINTENANCE OF RECORDS a� 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 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 orcu 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. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES 0 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'h 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. 9.10 SEVERABILITY ll Packet Pg. 3100 U.1.b 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 z possible to the intent of the stricken provision. E 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of 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. 0 9.12 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. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID a 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, 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. 9.16 COOPERATION 12 Packet Pg. 3101 U.1.b 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. d 9.17 COVENANT OF NO INTEREST E 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 E under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.18 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be 0 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. 9.19 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neithercu 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. 010-1990. 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. c� 9.20 PUBLIC RECORDS Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of 13 Packet Pg. 3102 U.1.b Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This _ provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public z Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR E is require to: � (1) Keep and maintain public records that would be required by the COUNTY to perform E the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public 0 records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public E records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be 0 inspected or copied within a reasonable time. W IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470 9.21 NON-WAIVER OF IMMUNITY 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 14 Packet Pg. 3103 U.1.b 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. 9.22 NON-RELIANCE BY NON-PARTIES 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 z 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 E 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 E under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.23 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, 0 including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free 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. U) 9.24 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. w 9.25 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. ARTICLE X PROVISIONS REQUIRED BY 2 CFR PART 200 (SUPER CIRCULAR) 10.1. AUDIT OF RECORDS 15 Packet Pg. 3104 U.1.b CONTRACTOR shall grant to the County, FDEM, FDEP , the State of Florida, and any other duly authorized agencies of the Federal Government or the COUNTY where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5)years after final grant close-out by FDEP or DEM, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FDEP, FDEM, or any other Federal or State agency, or the COUNTY, issues c findings or rulings that the amounts charged by the CONTRACTOR, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, CONTRACTOR may E appeal any such finding or ruling. If such appeal is unsuccessful, the CONTRACTOR shall agree that the amounts paid to the CONTRACTOR shall be adjusted accordingly, and that the E CONTRACTOR shall, within 30 days thereafter, issue a remittance to the COUNTY of any payments declared to be ineligible or non-allowable. CONTRACTOR shall comply with federal and/or state laws authorizing an audit of CONTRACTOR's operation as a whole, or of specific Project activities. 0 Under no circumstances shall advertising or other communications with the media be presented in such a manner as to COUNTY or imply that the CONTRACTOR or the CONTRACTOR's services are endorsed by the COUNTY. 10.2. PAYMENT AND PERFORMANCE BONDS: 10.2.1 The Proposer shall be required to furnish a payment bond equal to $1,000,000 or the Task Order cost, whichever is higher, prior to issuance of the contract. The bond must be issued by an A E rated surety company doing business in the State of Florida. U) 10.2.2 Performance Bond. The COUNTY shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the Payment Bond Amount. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein U 10.2.3 On projects where the bid exceeds $100,000, unless such requirement has been waived in accordance with Rule 60D-5.0041, Florida Administrative Code, the Bidder must provide with the bid, evidence of ability to provide the necessary performance and payment bonds for the project for a 30-day Task Order by providing a letter of intent to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance, and meeting the financial and performance rating required by the bidding documents. For contract amounts not exceeding $500,000 the provisions of Section 287.0935 F.S. shall govern. 10.3. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: 16 Packet Pg. 3105 U.1.b (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or _ termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and z applicants for employment, notices to be provided by the contracting officer setting forth the a provisions of this nondiscrimination clause. E C 0 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This E provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions U) discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's C commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 U (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the a Secretary of Labor for purposes of investigation to ascertain compliance with such rules, E regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in 17 Packet Pg. 3106 U.1.b Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 10.4. OTHER FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix H to Part 200, as amended, including but not limited to: A. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act c (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water E Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. E 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program 0 legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by E Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, U) contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or sub recipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 0 U C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, 10 all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18 Packet Pg. 3107 U.1.b D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and _ Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. z F. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 E CFR 180.220) will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that E implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an 0 award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. I. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. U) CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring 0 only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. OTHER FEDERAL REQUIREMENTS: K. 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. L. 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 19 Packet Pg. 3108 U.1.b 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. d 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS E a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the E following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited 0 whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to U) permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. E (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this sub-section. M. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. w 10.5. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. E c� 10.6. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 20 Packet Pg. 3109 U.1.b IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA d By:._... ........w _... _ By: _ ......... Deputy Clerk Mayor/Chairman Date: NIIN���I►11111111//1�� AD EN RE EN ON �. J�y� m,ryl�,+y' �`'W C pp SEFAL M i > By: By, ":. �t �� �� E YfM A w Print tian Print name and title: t r,-S-b a � " By: a� WITNESS Print name: STATE OFFj0r1JC4- U) COUNTY OF On this day of —2011q, before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the � person who execut-d the above Contract for the purposes therein contained. Nc tary I lb . w Print Name My commission expires: Seal F KELLY J GRACIE Notary Public-State of Florida ' Commission p GG 303588 ,,., My Comm,Expires Feb 19,2023 Bonded through National Notary Assn. 21 Packet Pg. 3110 U.1.b ATTACHMENT A SCOPE OF WORK FOR MARINE DEBRIS REMOVAL AND RELATED SERVICES IN MONROE COUNTY AS A RESULT OF HURRICANE IRMA The Scope of Work described below will be referred to as "the Project" or"project". The contractor must be available and mobilize within five calendar days of the Notice To Proceed for the plugged canal work and within fifteen (15) calendar days for all other work from the date of z issuance of a Task Order by Monroe County. When issued, the Task Order will describe the response and recovery operations to be performed. In addition to payments for items indicated in the fee schedule, the County will pay all pass-through costs at the final disposal site. There shall be no other reimbursable expenses or items. Monroe County does not guarantee any minimum quantities in this contract. Monroe County reserves the right to cancel this contract at any time when the County feels it is in the best interest to �s so for the County. No charges shall be incurred by the County other than products or services that were ordered,provided and agreed upon by the Project Manager. c E The six work categories include: U) a� 1) Debris removal from 5 plugged canals 2) Debris removal from non-plugged canals 3) Organic sediment, silt and sand removal 4) Operation and management of TDMAs, including sorting and reduction of debris; 5) Transportation and disposal of the material from the County's TDMA sites to final E disposal sites; and 6) Derelict vessel recovery. The minimum 5 plugged canals are as follows: 2 PROJECT LOCATION: The Project will be located in a minimum of five plugged canals, and others as may be directed by the COUNTY, throughout the Florida Keys: 0 �s Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed 19 Key Largo Split 25.2100460 -80.3388620 100 20 Key Largo 25.1944240 -80.3500150 200 62 Rock Harbor 25.0901220 -80.4601190 100 309 Big Pine Key 24.6665570 -81.3649260 500 448 Big Coppitt Key 24.5953050 -81.6479190 100 22 Packet Pg. 3111 U.1.b CATEGORY 1. REMOVAL OF MARINE DEBRIS FROM PLUGGED CANALS AND TRANSPORT TO TDMA'S. Description: The Contractor will remove all marine debris from plugged canals 19 and 20 in Key Largo, 62 in Rock Harbor, 309 and 448 in Big Pine Key. Efforts are to include the identification of locations in the water where significant marine debris exists,locating, removing, and transporting of the marine debris to debris sites (Big Pine Prison and Rowell's Park Disaster Debris Management Sites (DDMS)),including oversight of operations for the project. d The County will be responsible for renewing the required FDEP authorizations to continue to operate the approved DDMSs in compliance with all applicable Department regulations. Alternatively, the E E debris may be taken directly to a DEP-permitted solid waste transfer station for disposal. as The definition of marine debris includes but is not limited to: • Vegetation,hazardous waste, construction and demolition debris,propane tanks,white goods, e- waste, docks,non-marine vehicles, motorhomes, seawalls, and houses or portions of houses, 0 • Identification, removal, transportation, and disposal of, traps and other man-made materials, and floating structures. > 0 Detailed Responsibilities: a • The Contractor will 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 all material that is within the canal including material that is laying along the bottom — potentially under layer(s) of silt, sediment or sand. The Contractor shall use all necessary measures to ensure that all marine debris is removed from the canal. Such marine debris should not be debris attached to personal property unless permission E 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. c Contractor shall be responsible for obtaining access to the plugged canals a • The Contractor will perform pre-removal 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 —if requested by the County. 0 w • The Contractor shall also be responsible for and make good all damage to homeowner docks of any type, seawalls, boats, fencing, buildings, telephone or other cables, water pipes, sanitary pipes, and any other appurtenances, at the Contractor's sole expense. The Contractor shall E produce a pre-construction video to document the existing conditions. The documentation shall utilize a high-resolution digital video camera with extended still frame capability. The documentation shall record surface features located within the construction zone including, but not limited to, staging area, canal seawalls, boat lifts, boats, and any other permanent or temporary structures within the canal footprint. The documentation shall provide audio recording documenting the orientation, location, and description of features. The documentation shall accompany a written log which documents the aforementioned items and shall contain bright, sharp pictures with accurate colors and shall be free from distortion or any other significant picture imperfection. The audio portion of the recording shall reproduce the 23 Packet Pg. 3112 U.1.b commentary of the camera operator with proper volume, clarity, and be free of distortion. The construction shall not proceed until the County have reviewed the documentation and notified the Contractor of its acceptability. • The Contractor shall be cognizant of the various working conditions to be encountered under this contract for the plugged canals,i.e. no direct boating access, shallow depths surrounding the canals and deep canals. • The Contractor shall be responsible for returning all Disaster Debris Management Sites (DDMS) c to their pre-debris storage condition and shall provide such environmental tests or studies as may be required by the County in order to prove cleanup. E The County will be responsible for locating and providing DDMSs sites at County expense and E obtaining and paying for necessary permits and authorizations for appropriate DDMS sites. The Contractor will be responsible for the management and oversight of the County designated DDMSs for storage of marine debris prior to appropriate final disposal. • The Contractor will be responsible for preparing each DDMS site to accept debris, to include > clearing, grading, erosion control, construction and maintenance; establishing site layout; E E providing all management, supervision, labor, machines, tools and equipment for the 0 acceptance,processing,reducing and sorting of debris. • Vegetative debris reduction shall be performing by chipping/grinding only. a • The Contractor is responsible for compliance with all Florida Department of Environmental 2 Protection (DEP) authorizations and permits at the site. 0. E • The Contractor is required to ensure that the DDMS site is secure and not accessible by the U) public during operation and after working hours. • After the debris has been reduced and hauled to final disposal sites, the contractors will be responsible for performing site restoration and closeout, to include removal of all site equipment (temporary toilets, inspection towers, security or silt fences, etc.), soil testing, and restoration of the site to pre-work conditions. 0 • Debris will be sorted into clean vegetative, C&D, seaweed/seagrass, sediment, white goods and household hazardous waste. Vehicles and vessels shall be stored separately on site. • All debris shall be mechanically loaded and reasonably compacted in the truck • Provide control of pedestrian and vehicular traffic in the work area to include flag persons signs or other devices necessary to ensure safe debris removal operations • Provide daily reports on all debris recovery operations to include all equipment and personnel used to the monitoring firm. 24 Packet Pg. 3113 U.1.b The Contractor will be responsible for providing all necessary equipment and personnel to load and haul eligible marine debris,white goods,vegetation, C&D and seaweed/seagrass from the DDMS site to final disposal sites. Optional Task—to be implemented at the option of the County: CATEGORY 2. REMOVAL OF MARINE DEBRIS FROM NON-PLUGGED CANALS AND TRANSPORT TO TDMAS; MAY INCLUDE MANGROVE TRIMMING. CONTRACTOR will be responsible for the removal of marine debris from other plugged and non- c plugged canals at the direction of the County. Efforts are to include the identification of locations in the water where significant marine debris exists, locating, removing, and transporting of the marine E debris to debris sites (TDMAs), including oversight of operations for the project. E The definition of marine debris includes but is not limited to: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e-waste, docks, non-marine vehicles, motorhomes, seawalls, and houses or portions 0 of houses, 0 • Organic material, sand or silt deposited into the canals as a result of Hurricane Irma • Identification, removal, transportation, and disposal of, traps and other man-made materials, and floating structures. Detailed Responsibilities: • The Contractor will determine locations of marine debris in any manmade canals within an E area of unincorporated Monroe County as directed by the County. • The Contractor will 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 all material that is within the canal including material that is laying along the bottom —potentially under layer(s) of silt, sediment or sand. The Contractor shall use all necessary measures to ensure that all marine debris is removed from the canal. 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 U property owner to obtain permission to remove material that is obviously debris, but which 10 may be tied or otherwise affixed to land for reasons of maintaining clear navigation. • The Contractor will perform pre-removal 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 —if requested by the County. • The Contractor shall also be responsible for and make good all damage to homeowner docks of any type, seawalls, boats, fencing, buildings, telephone or other cables, water pipes, sanitary pipes, and any other appurtenances, at the Contractor's sole expense. The Contractor shall produce a pre-construction video to document the existing conditions. The documentation shall utilize a high-resolution digital video camera with extended still frame 25 Packet Pg. 3114 U.1.b capability. The documentation shall record surface features located within the construction zone including, but not limited to, staging area, canal seawalls, boat lifts, boats, and any other permanent or temporary structures within the canal footprint. The documentation shall provide audio recording documenting the orientation, location, and description of features. The documentation shall accompany a written log which documents the aforementioned items and shall contain bright, sharp pictures with accurate colors and shall be free from distortion or any other significant picture imperfection. The audio portion of the recording _ shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. The construction shall not proceed until the County have reviewed the z documentation and notified the Contractor of its acceptability. E • The Contractor shall be cognizant of the various working conditions to be encountered under this contract, i.e. shallow depths surrounding the canals, plugged canals, narrow canals, and E deep canals. The Contractor shall provide assurance in the way of past project history with similar type of constraints to the County that they have the proper and necessary equipment to complete the activities associated with this RFP. 0 U • If the respondent is not a General or Marine Contractor, the Contractor will enter into contracts with local marine contractors, as necessary, to remove debris from manmade E canals and/or shoreline areas located in the project work area. • Contractor will provide supervision for project oversight efforts as required by the USDA NRCS 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. E U) • The Contractor shall be responsible for the recovery and handling of any remaining derelict vehicles in accordance with Chapters 715 and 717, Florida Statutes, in conjunction with local law enforcement agencies. Note the U.S. Coast Guard and Environmental Protection Agency have already completed the removal process of the vast majority of derelict vessels. However, there may be a few remaining. c� • The CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FDEP, the State of Florida, and the County. 0 w • The Contractor shall be responsible for returning all TDMA's to their pre-debris storage condition and shall provide such environmental tests or studies as may be required by the County in order to prove cleanup. �E c� The County, at its option, may include mangrove trimming, as follows: • The trimming shall be limited to those portions of branches or trunks of mangroves which extend into the navigation channel beyond a vertical plane of the most waterward prop root or root system. 26 Packet Pg. 3115 U.1.b • Professional mangrove trimmer(s) is responsible for strict application of ANSI 4300 (Part 1) Pruning Standards and the corresponding Best Management Practices (BMP) companion publication. • Contractor is responsible for removal and safe disposal of all pruned material from navigable waters and mangrove canopies. • No herbicide or other chemical will be used for the purpose of removing leaves of a mangrove. d • Trimming activities shall not defoliate, remove or destroy mangroves; • Contractor is responsible for maintenance and safe operation of all necessary equipment at all times. • Contractor is responsible for avoiding adverse impacts to benthic resources, including but not limited to seagrass and mangrove root systems. Optional Task—to be implemented at the option of the County: CATEGORY 3: SILT, SEDIMENT AND SAND REMOVAL: Contractor will be responsible for the removal of organic sediment, silt and sand. Such removal c shall be done utilizing dredging in such a way to prevent impacts to the nearshore waters or hard bottom and shall be completed using approved upland staging areas adjacent to the project area, or approved alternates. Note that the Monroe County current regulations require hydraulic dredging in unincorporated Monroe County. Vendors may propose one or more dredging methods on the pricing sheet. The County shall have the final selection option. Note that all applicable State and Federal permits for this category of work must be obtained in advance before work can begin, as must FDEP approval. Due to this process, it is anticipated that E this category of work will not begin for several weeks or months after RFP opening, if at all. The U) County will submit and obtain all permits for any organic silt, sediment and sand removal activities. The United States Army Corps of Engineers (USAGE) and Florida Keys National Marine Sanctuary (FKNMS) do require a permit authorization for the organic silt, sediment and sand removal activities prior to commencement. The Contractor shall provide and maintain during the life of the contract, all necessary environmental protective measures as required by the aforementioned permits. Additionally, the Contractor shall provide environmental protective measures required to correct unforeseen environmentally hazardous conditions that occur during the dredging operations, including but not limited to the generation of toxic Hydrogen Sulfide gas. Monitoring of Hydrogen E Sulfide gas shall be completed during the completion of work, and necessary mitigation measures shall be implemented if the 8-hour Time Weighted Average (TWA) exposure concentration of 10 parts per million (ppm) is exceeded, or if nuisance conditions are created. Air monitoring shall be completed by an Occupational Safety and Health Administration (OSHA) competent person on a daily basis and recorded. The Contractor will comply with Federal, State, and local regulations pertaining to water, air, and noise pollution. 27 Packet Pg. 3116 U.1.b The Contractor shall specify and utilize the dredge equipment to remove the organic muck and sediment. The Contractor shall be aware that the pumping rate may be constrained by the sediment dewatering rate and shall implement the appropriate equipment accordingly. The Contractor shall maintain the plant, scows, combings, barges, pipelines, and associated equipment to meet the requirements of the work and immediately repair leaks or breaks along pipelines. Immediately remove dredged material discharged in wetlands or other areas outside of the identified project area due to leaks and breaks. d Removal of material shall bring the impacted area back to original condition and shall be conducted at Contractor's expense. Operations shall be immediately halted if a pipeline breaks or a leak occurs. E Polymers A. Chemical amendments may be used to assist with dewatering. If this option is selected, the Contractor is required to provide the County with MSDS and salt water toxicity test results to be utilized for permit submittals. B. The Contractor shall be experienced in operating a polymer dosing system to provide water 0 quality treatment of dredge material or the Contractor shall hire, at the expense of the Contractor, a qualified chemical amendment technician to be on-site at all times of dredge operation. The contractor may propose an alternate dewatering method but must provide detailed design information and documentation of Contractor's experience utilizing the alternate dewatering method. C. The Contractor is responsible for installing and operating polymer mixing and dosing equipment that is capable of delivering a constant feed of polymer to the dredge transfer line when dredge material is being pumped. Mixing and dosing equipment must operate according to the manufacturer specifications. D. The Contractor shall quantify the concentration of residual polymer from the effluent of the 2 geotextile dewatering containers on a weekly basis, and shall demonstrate that a residual polymer concentration does not exceed the permitted toxicity concentration Dewatering Of Excavated Material 0 �s The Contractor shall utilize either a mechanical or passive system for sediment dewatering purposes dependent on space limitations for the staging area. The Contractor shall provide the County with the proposed equipment selection and staging area constraints for the dewatering system. E The effluent from the dewatering system will be discharged back into the canal. The Contractor is required to operate the dredging and dewatering operations such that mandated permitted turbidity limits are not exceeded. The State turbidity requirements are 0 NTU increase above background levels in the Florida Outstanding Waters at the canal mouth. The Contractor will make any required adjustments to the operations to ensure compliance with these limits. Disposal Of Excavated Material 28 Packet Pg. 3117 U.1.b The Contractor shall provide for safe and legal transportation and disposal of dredged materials to the TDMA site. The deposit of dredged materials in unauthorized places is forbidden. Spoil material inadvertently spilled on roads, public rights of way and private property shall be promptly removed, and the area restored by the Contractor. The Contractor may propose any non- contaminated silt or sediment for reuse at locations to be determined by the Contractor or County Clean sand suitable for reuse purposes shall be retained by the County or municipalities at the TDMA sites. However, any sediment, silt or sand that contains concentrations above the applicable _ FDEP Soil Cleanup Target Levels (SCTLs) for targeted constituents must be disposed of at a County approved Class 1 disposal facility. z Optional Task—to be implemented at the option of the County: E CATEGORY 4: OPERATION AND MANAGEMENT OF TDMAs, INLUDING SORTING AND REDUCTION OF DEBRIS. The County will be responsible for locating and providing TDMAs sites at County expense and obtaining and paying for necessary permits and authorizations for appropriate TDMA sites. 0 U • The Contractor will be responsible for the management and oversight of the County designated TMDAs for storage of marine debris prior to appropriate final disposal. 0 E • The Contractor will be responsible for preparing each TDMA site to accept debris, to include clearing, grading, erosion control, construction and maintenance; establishing site layout; providing all management, supervision, labor, machines, tools and equipment for the acceptance,processing, reducing and sorting of debris. • Vegetative debris reduction shall be performing by chipping/grinding only. • The Contractor is responsible for compliance with all Florida Department of Environmental Protection (DEP) authorizations and permits at the site. U • The Contractor is required to ensure that the TDMA site is secure and not accessible by the 2 public during operation and after working hours. • If more than one contractor is hired in a geographic area, the County envisions that multiple contractors may need to share the same TDMA site. 0 • After the debris has been reduced and hauled to final disposal sites, the contractors will be responsible for performing site restoration and closeout, to include removal of all site equipment (temporary toilets, inspection towers, security or silt fences, etc.), soil testing, and restoration of the site to pre-work conditions. Costs related to testing to establish that TDMA site pre-work conditions and to show that the sites have been restored to pre-work conditions shall be invoiced at Contractor cost with no mark-up. Unit costs for TDMA site management and debris reduction shall be on a per cubic yard basis. Costs shall be all inclusive of all work required to manage and reduce debris, with the exception of handling Freon removal from white goods, which shall be on a separate,per unit cost. 29 Packet Pg. 3118 U.1.b • Debris will be sorted into clean vegetative, C&D, seaweed/seagrass, sediment, white goods and household hazardous waste. Vehicles and vessels shall be stored separately on site. • All debris shall be mechanically loaded and reasonably compacted in the truck • Provide control of pedestrian and vehicular traffic in the work area to include flag persons signs or other devices necessary to ensure safe debris removal operations d • Provide daily reports on all debris recovery operations to include all equipment and personnel used to the monitoring firm. • The report shall detail daily and cumulative-to-date statistics on the number of truckloads number of cubic yards of debris hauled and locations of current work for each type of debris recovered 0 CATEGORY 5 TRANSPORTATION OF MATERIALS FROM PLUGGED CANAL SITES OR TDMA TO FINAL APPROVED DISPOSAL LOCATION 0 The Contractor will be responsible for providing all necessary equipment and personnel to load and haul eligible marine debris, white goods, vegetation, C&D and seaweed/seagrass from the TDMA site to final disposal sites. The Contractor shall also provide for safe and legal transportation and disposal of dredged silt sediment / sand to a final disposal area. The deposit of dredged materials in unauthorized places is forbidden. Spoil material inadvertently spilled on roads, public rights of way and private property shall be promptly removed, and the area restored by the Contractor. The Contractor may propose E any non-contaminated silt or sediment for reuse at locations to be approved by the County. Clean sand suitable for reuse purposes shall be retained by the County or municipalities at the TDMA sites. At the County's or municipalities option, clean sand suitable for reuse in the Keys shall be transported to a local reuse or storage site as directed by the County or municipality. Any sediment, silt or sand that contains concentrations above the applicable FDEP Soil Cleanup Target Levels (SCTLs) for targeted constituents such as Arsenic must be disposed of at a County approved Class 1 disposal facility. The Contractor shall immediately investigate claims of damage to private property and or County roads and rights of way due to debris operations and make repairs at no cost to the County. Optional Task—to be implemented at the option of the County: CATEGORY 6: REMAINING ABANDONED AND DERELICT VESSEL RECOVERY c� AND DISPOSAL The Coast Guard and Fish and Wildlife Commission "FWC" have completed their derelict vessel removal program in the nearshore waters and canals of the Florida Keys. There may be a few vessels, if any, remaining on the bottoms of canals. The 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 were the result of Hurricane Irma, and other future storm events within the term of the Agreement. Efforts are to include the detailed cost assessment 30 Packet Pg. 3119 U.1.b 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. The Contractor will: • Determine current locations of remaining abandoned and derelict vessels and determine the least costly approach for salvage or disposal as appropriate. z • Transportation to the County's designated temporary debris sites for storage of vessels E (including floating structures) and associated debris prior to appropriate final disposal. E • 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. c E • Prior to ultimate removal from the marine environment, reach agreement with local, state, a� and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. a� a • 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. E U) • Contractor will provide supervision for project oversight efforts as may be required by FDEP and the County in conjunction with County staff and/or a monitoring firm employed by the County. • Monroe County will maintain an independent Monitor Firm representing the County. • Contractor will be responsible for all project oversight where salvage plans have been 0 applied for and approved and necessary salvage criteria or constraints are imposed by U approving agencies. w • Contractor will be responsible for the management of all project expenses and billing documentation as will be required by FDEP and the County and submission of the same to the County or its agent. 31 Packet Pg. 3120 U.1.b ATTACHMENT B PRICING SHEET 6 0 �s 0 a a a �s 32 Packet Pg. 3121 U.1.b ATTACHMENT C GENERAL CONDITIONS d 0 0 a 2 a a 33 Packet Pg. 3122 U.1.b ATTACHMENT D—FDEP Grant SDO05 d 0 0 a a a 4i 34 Packet Pg. 3123 U.1.b ATTACHMENT E -- FDEP Grant LP 44073 6 0 �s 0 a a a �s 35 Packet Pg. 3124 U.1.b ATTACHMENT F FDEP Grant LP 44074 6 0 �s 0 a a a �s 36 Packet Pg. 3125