HomeMy WebLinkAboutA - 24-07-RFP Disaster Recovery Debris Removal
REQUEST FOR PROPOSAL
24-07-RFP
DISASTER RECOVERY DEBRIS REMOVAL
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Proposers of all changes.
It is the Proposer’s responsibility to check for addenda associated with this solicitation.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Friday, March 22, 2024 -
PRE-PROPOSAL MEETING Tuesday, April 9, 2024 10:00 AM Local Time
QUESTIONS DUE DEADLINE: Wednesday, April 10, 2024 2:00 PM Local Time
RFP DUE DATE: Thursday, April 18, 2024 2:00 PM Local Time
EVALUATION COMMITTEE MEETING Week of April 22nd (tentative) -
ORAL PRESENTATIONS/INTERVIEWS TBD, If Required -
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING May 22, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All proposals must be submitted via VendorLink
electronically at https://www.myvendorlink.com/.
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In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability
requiring the use of a special accommodation at the pre-RFP conference or RFP opening should contact
the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special
requirements.
REQUEST FOR PROPOSAL
The City of Sebastian is preparing for future disasters by entering into a pre -event contract for
disaster recovery debris removal services. The City will accept proposals from qua lified
contractors with experience in disaster and debris removal services and the preparation,
response, recovery, and mitigation phases of any emergency situation or disaster. It is the
intent of the City to award this contract to one (1) Primary Contra ctor and one (1) Secondary
Contractor. The primary contractor will be responsible for all debris operations listed within this
contract. The City reserves the right to activate both contractors at the same time dependent
upon the severity of the storm and the availability of the contractors.
This Request for Proposal (RFP) is for Emergency Debris Road Clearance (Push), Debris
Removal – Category A Debris Removal (including tree and limb removal) and Temporary Debris
Staging and Reduction Site Management. All work shall follow the Occupational Safety and
Health Administration (OSHA) and Environmental Protection Agency requirements to maintain a
safe working environment. The City has the right to increase or decrease the Contractor’s
assignment and/or areas of operation within the scope of this contract.
The Primary Contractor shall be required to conduct one (1) day (up to 8 hours) annual planning
and training per FEMA Public Assistance activities with the City annually throughout the term of
the agreement. The cost for this planning and training shall be included in the unit cost for each
activity and be at no additional cost to the City. This planning and training shall include, at a
minimum, preliminary Temporary Debris Storage Site (TDSR) site selections, review and
update debris collection zone maps, review and update of primary road clearance routes, local
subcontractor coordination, and items such as hazardous waste handling, and FEMA
guidelines. The city has two Debris Management Sites (DMS). The pre-approved DMS
locations are at the Sebastian Municipal Airport. These two sites will be activated in the event of
an approach storm and the City will obtain the approval letters from the FDEP to open these
Debris Management Site(s) (DMS) at the Sebastian Airport.
PROPOSAL SUBMITTAL
Proposals are due at the date and time indicated on the cover page or as amended in the form
of an addendum issued by procurement.
All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor
VendorLink for solicitation opportunities and updates.
It is the sole responsibility of the Contractor to ensure that their response is submitted through
VendorLink no later than the time and date specified in the solicitation or subsequent addenda.
The City shall not be responsible for delay s caused by any occurrence. Submittals sent by
mail, facsimile, electronic mail, telephone, or any other means not specified herein will
not be accepted.
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PRE-PROPOSAL MEETING
A non-mandatory Pre-Proposal Meeting will be held Tuesday, April 9, 2024 at 10:00 AM local
time at the City of Sebastian Public Works Compound located at 505 Airport Drive West,
Sebastian, FL 32958.
QUESTION DEADLINE
The deadline to submit questions concerning this RFP will be Wednesday, April 10, 2024 by
2:00 PM local time. Any and all questions or communication regarding this RFP should be
emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org.
Contact by a proposer (or anyone represent ing a bidder) regarding this RFP with the City
Council or a City employee/representative other than this point of contact is grounds for
disqualification.
PROPOSAL OPENING
All sealed bids are due by Thursday, April 18, 2024 by 2:00 P.M. local time.
Only the NAME of the contractors who submitted a response to this Request for Proposal will be
read aloud. Late bids will not be opened or announced. All bids submitted to the city become
public record unless exempt under Florida or other law as outlined a bove herein.
At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof
deemed to be whatever is in its best interest and to waive any non -substantial irregularities.
By: Jessica Graham, CPPB
Procurement/Contracts Manager
TABLE OF CONTENTS
REQUEST FOR PROPOSAL 2
TABLE OF CONTENTS 4
SECTION 1 – SCOPE OF WORK 5
SECTION 2 – GENERAL TERMS AND CONDITIONS 22
SECTION 3 – SPECIAL CONDITIONS 38
SECTION 4 – EVALUATION PROCEDURE 42
SECTION 5 – REQUIRED FORMS 49
CONTACT INFORMATION SHEET 50
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 51
DRUG FREE WORKPLACE PROGRAM 52
INSURANCE ACKNOWLEDGEMENT 53
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 55
CERTIFICATION REGARDING LOBBYING 56
CERTIFICATION REGARDING SCRUTINIZED COMPANIES 57
REFERENCE LIST 58
SUBCONTRACTOR LIST 60
ADDENDA ACKNOWLEDGEMENT 61
BONDING CAPACITY LETTER 62
ELECTRONIC PRICE SHEET INSTRUCTIONS 64
ATTACHMENT A – ELECTRONIC PRICE SHEET
ATTACHMENT B – FEDERAL PROVISIONS
ATTACHMENT C – PAYMENT AND PERFORMANCE BOND
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SECTION 1 – RFP INFORMATION
1.1 SCOPE OF WORK
The City of Sebastian is requesting proposals from qualified and experienced contractors
to assist the City with debris removal and recovery operations after a federally declared
disaster for an emergency situation.
1.2 Duties shall include project manageme nt, coordination of recovery activities necessary to
meet FEMA Public Assistance eligible requirements for full reimbursement, coordination
with FEMA and City Staff, provide equipment and personnel in sufficient quantity to
rapidly remove and dispose all storm related debris, coordination of monitors, data
management, provide daily quantity and progress reports to City Staff, community
relations or any other tasks as directed by the City Manager or their designee. Initial
response shall be deemed as having a Contractor’s representative physically present at
the City Public Works Compound within twelve (12) hours after notification of need.
Performance shall be deemed as the commencement of work as defined by Tas k Order
within twenty four (24) hours of issuance of Notice to Proceed. All payments under the
contract resulting from the Request for Proposal shall be made only for services
requested and approved by the City. There shall be no retainer paid in order to keep the
contract in effect.
1.3 The City seeks a company to specifically provide the designated service including
operations and management, logistical support, construction and technical assistance
after any of the following disaster situations (Category A – Debris Removal) including,
but not limited to:
1.3.1 Hurricane, tornado, or other wind driven severe weather disaster or emergency
1.3.2 Any Federally declared disaster emergency
1.4 The City will contract for the provision of personnel, equipment, plans, procedures and
other materials and capabilities necessary for post disaster situations on an as -needed
basis as directed by the City by specific task orders to the Contractor. The contractor
must have available a wide variety of emergency preparedness, response, recovery, and
mitigation resources.
1.5 The Contractor shall be responsible for travel, per diem, housing, and meals for all of its
employees and/or subcontractors. The Contractor will also be responsible for providing
temporary office space for conducting its work responsibilit ies for this project.
1.6 Debris Removal Operation shall be processed in accordance with City of Sebastian,
State and Federal requirements and comply with FEMA Public Assistance Program for
Federal Reimbursement. Debris management activities include, but ar e not limited to,
furnishing all labor, materials, and equipment to accomplish the following types of tasks:
1.6.1 Emergency Roadway Clearance of debris from the primary transportation routes
as directed by the City as part of the emergency “PUSH” operation w ithin 70
hours after the storm event to allow for emergency vehicles to traverse safety
through roadways.
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1.6.2 The contractor shall provide the equipment and staffing for initial “First Pass”
Clearing and/or removing and hauling debris from the public right -of -way, streets
and roads or privately owned property as required to secure the public safety.
1.6.3 The First Pass operation will require vehicle documentation and load tickets per
FEMA Public Assistance reimbursement. The contractor shall also perform the
“Second Pass” operation.
1.6.4 Debris Removal from Private Property – Removal of debris beyond public right of
way as necessary to abate imminent and/ or significant threats to the public
health and safety of the community Should an imminent threat to life, safety, and
health to the general public be present on private property, the Contractor, as
directed by the City, will accomplish the removal of debris from private property,
to include private roadways. Contractor shall not remove debris from private
property and roadways unless approved by the City. All private roadway
abatement should be tracked and logged separat ely from public right of way
removals.
1.6.5 Eligible ROW Construction and Demolition (C&D) or Municipal Solid Waste
(MSW) Debris Removal E Work consists of the collection and transportation of
Eligible C&D or MSW debris on the Public ROW or private property to a City
approved TDSR site or City designated final disposal site.
1.6.6 Eligible Demolition, Removal and Transportation of Structures Work consists of
the demolition of structures on public property or private property, as directed by
the City, obtaining necessary permits and hauling the resulting debris to a City
designated final disposal site.
1.6.7 Removal of Eligible Hazardous Trees and Limbs Work consists of removing
Eligible hazardous trees and limbs and placing them on the safest possible
location on the City ROW for collection under the terms and conditions of
Element 1, Eligible ROW Vegetative Debris Removal. GPS X and Y coordinates
as well as photographs prior to removal and post removal are required for
reimbursement by FEMA.
1.6.8 Eligible Household Hazardous Waste (HHW) Removal, Transport and Disposal -
Work will consist of removal, transportation and disposal of Eligible household
hazardous waste.
1.6.9 Eligible Abandoned Vehicle/ Vessel Removal Work consists of removal of
Eligible Abandoned Vehicles in areas identified and approved by the City and
subsequently transported to a City approved staging area.
1.6.10 White Goods — The Contractor may expect to encounter white goods available
for disposal. White goods will constitute household ap pliances as defined in the
Florida Administrative Code. The Contractor will dispose of all white goods
encountered in accordance with applicable Federal, State and local laws.
1.6.11 Eligible Electronic waste Item Removal — Work consists of the recovery and
disposal (or recycling) of televisions, computers, computer monitors, etc. unless
otherwise specified in writing by the City.
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1.6.12 Eligible Dead Animal Carcasses — Work consists of the recovery and disposal of
dead animal carcasses.
1.6.13 Hazardous Tree Stumps — The Contractor shall remove all stumps that are
determined to be hazardous to public access and as directed by the City. Stumps
shall be hauled to DMS where they shall be inspected and categorized by size.
GPS X and Y coordinates as well as photographs prior to removal and post
removal are required for reimbursement by FEMA.
1.6.14 Fill Dirt — The Contractor shall place compacted fill dirt in ruts created by
equipment, holes created by removal of hazardous stumps and other areas that
pose a hazard to public access upon direction of the City.
1.6.15 Canals, Streams and Conservation Areas — The Contractor shall coordinate with
the appropriate local, state, or federal agencies with jurisdictional authority to
remove debris in natural or manmade waterways.
1.6.16 The contractor shall assist in the site set -up for the Debris Management Site
(DMS) with pre-use photos and documentation and close the site with post use
activities and clean-up.
1.6.17 As part of the Disaster Debris Management Site (DDMS) operation, the
contractor shall provide equipment to manage the piles, ensure erosion control
and segregation of the debris piles.
1.6.18 Contractor shall provide an inspection tower for the monitor to view the inside of
the trucks to determine the percent of load.
1.6.19 Management and operation of storage and debris reduction sites to accept,
process, reduce, incinerate (with City approval) and dispose of event related
debris.
1.6.20 Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing,
hauling and disposal.
1.6.21 Providing all permits and services necessary for the containment, clean up,
removal, transport, storage, testing, waste debris reduction, treatment and/or
disposal of hazardous and industrial materials, including white goods, resulting
from the events.
1.6.22 Removal of sand and earthen materials from roads, street, and rights -of -way.
1.6.23 The contractor work and hauling hours will be performed during the visible
daylight hours unless otherwise authorized by the City and the contractor may
work seven (7) days a week for the First and Second Pass operations.
1.6.24 The contractor shall have at least one safety officer on duty at all times during the
active operations of the removal, hauling and grinding operations.
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1.6.25 The contractor shall ensure all vehicles and equipment operating on city streets
are in compliance with all Federal, State and local l aws and regulations.
1.7 Debris processing activities include, but are not limited to:
1.7.1 Temporary Debris Staging and Reduction Site (TDSRS) — The Debris
Monitoring Team, as assigned by the City, will determine the minimum number of
sites required for each storm event. The City will designate the TDSRS to be
activated.
1.7.2 The City has two pre -approved DMS locations at the Sebastian Municipal Airport
These two sites will be activated in event of an approach storm and the City will
obtained the approval letters from the DEP to open these Debris Management
Site (DMS) at the Sebastian Airport.
1.7.3 Preparation, maintenance and operation of the DMS facilities are entirely the
Contractor's responsibility.
1.7.4 Preparation and maintenance of facilities shall include maintenance of the DMS
approach and interior road(s) for the entire period of debris hauling, including
provision of rock for any roads that require stabilization for ingress and egress.
Each facility shall include a n inspection tower or lift sufficient for a minimum of
three (3) inspectors for the inspection of all incoming and exiting loads. The
contractor will be responsible for obtaining any required permits, which shall be
paid at cost by the City. At the City's discretion, owned rights of way or other
entity owned property could be provided for temporary storage of debris.
1.7.5 DMS Debris Removal Operations Plan and Environmental Protection Plan. This
plan is to address site setup, pre -use activities, post-use activities and
operational activities. The plans will also include pre and post video and other
checklists to assure proper management of the site. Once the debris
management site is selected for use, the contractor will provide a Site
Management Plan. Three (3) copies of the plan are required. The plan shall be
drawn to a scale of 1" = 50' and address following functions:
1.7.5.1. Access to the DMS site
1.7.5.2. Site preparation clearing, erosion control, grading and pushing piles to
maintain access
1.7.5.3. Traffic control procedures, if needed
1.7.5.4. Safety
1.7.5.5. Segregation of debris
1.7.5.6. Location of ash disposal area, hazardous material containment area,
contractor work area, and inspection tower
1.7.5.7. Location of incineration operations, grinding operation. Burning
operations will not be permitted
1.7.5.8. Location of existing structures or sensitive areas requiring protection
1.7.5.9. Restoration of site
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1.7.6 All debris operation shall be processed in acco rdance with local, State and
Federal law, standards and regulations and will comply with FEMA Public
Assistance program for Federal Funding. Processing shall include, but is not
limited to, reduction by grinding and/ or incineration when approved by the Ci ty.
Prior to reduction, all debris shall be segregated between vegetative debris,
construction and demolition debris, recyclable debris, white goods and
hazardous waste.
1.7.7 Generated Hazardous Waste Abatement — Abatement of hazardous waste
identified by the City is to be disposed of in accordance with all applicable
Federal, State, and local laws, standards and regulations.
1.7.8 Debris Disposal — Disposal of all eligible debris, reduced debris, ash residue
and other products of the debris management process is to be in accordance
with all applicable Federal, State, and local laws, standards and regulations. The
Contractor shall be responsible for paying all landfill tipping fees and provide all
required documentation to the City needed to receive eligible reimbu rsement
through FEMA Public Assistance Program and any State requirements for
matching fund for such fees.
1.7.9 Assist the City and Debris Monitoring Staff in the following:
1.7.9.1. Monitoring multiple contractors and multiple trucks delivering
materials to the DMS.
1.7.9.2. Verify that each truck that delivers to the DMS matches its manifest
load ticket — truck and maximum capacity will be measured,
certified and then labels placed on each truck showing capacity.
1.7.9.3. Make sure load is properly secured for transport.
1.7.9.4. Photograph of each loaded truck bed and attach photograph to truck's
manifest ticket or link with digital photographic records, as applicable.
1.7.9.5. Review trucks manifest and observe the truck bed to confirm that the
truck was loaded to capacity or as described on manifest ticket, and
completely empty on departure.
1.7.9.6. Maintain manifest tickets in an organized manner for proper record
review and storage. Initial load tickets before permitting truck to leave
the DMS check-in area to empty its load.
1.7.9.7. Document location of origin of debris.
1.7.9.8. Troubleshoot questions and problems at the DMS and identify issues
that could impact eligibility for cost reimbursements.
1.7.9.9. Remain in contact with the central office/ staging operation command
center.
1.7.9.10. Perform other duties as directed by City personnel, e. g. conduct final
inspections and issue closeout reports.
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1.8 Documentation Management and Support activities include, but are not limited to:
1.8.1 Assisting the City in preparation of FEMA and State reports for reimbursement,
including training of City/Department employees and review of documentation
prior to submittal.
1.8.2 Working closely with County and State Emergency Management, FEMA, and
other agencies to ensure that debris collection , debris disposition and all
supporting data meet each agency’s requirements for reimbursement eligibility.
1.8.3 Providing lift equipment or viewing tower at the DMS for site monitors, load
tickets, field inspection reports and other data sufficient to provide substantiation
for FEMA and State reimbursement.
1.8.4 The contractor shall supply pre -numbered 5-part debris load tickets to the City for
the entire project and each ticket shall include date & time, ticket numbe r, hauler
name, truck number, load location, truck capacity, site of collection, dump site
location. Debris classification and estimate percentage of debris.
1.8.5 The contractor debris operation shall comply with FEMA Public Assistance
Program for clearing, hauling, and reduction by grinding. Prior to any reduction,
all debris shall be segregated at the DMS by vegetation, C&D, white goods,
recyclable, and hazardous waste.
1.8.6 The contractor shall be responsible for the hauling of the grinded materials or
other materials to the designated landfill and the contractor shall be responsible
for paying all landfill tipping fees and provide all required documenta tion to the
City as required to receive reimbursement through FEMA Public Assistance
Program for such fees.
1.8.7 The contractor shall assist in the removal of any abandoned vehicles and vessels
which are blocking street ingress and egress for public use area.
1.8.8 Documentation and Recovery Process — The Contractor will provide the
following assistance in addition to debris removal:
1.8.8.1. Recovery process documentation — create recovery process
documentation plan
1.8.8.2. Maintain documentation of recovery process
1.8.8.3. Provide written and oral status reports as requested to City Debris
Monitoring Personnel
1.8.8.4. Review documentation for accuracy and quantity
1.8.8.5. Assist in preparation of claim documentation.
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1.9 Additional support may include providing technical expertise, guidance, and
participation in the following areas:
1.9.1 Damage assessment to include plan development, procedure develop ment, staff
training and staff augmentation.
1.9.2 Comprehensive mitigation program to include mitigation plan, staff training, cost
benefit analysis, project management, environmental review, and staff
augmentation.
1.9.3 Develop debris plan to include staff training.
1.9.4 Provide technical support and assistance in developing and dispersing public
information.
1.9.5 The contractor can utilize mechanical frontend loader or skid -steer for the loading
of debris or use a standard truck mounted grabbing device.
1.10 Mobilization - Emergency Debris Road Clearance
1.10.1 The Contractor shall mobilize management staff to the City within twelve (12)
hours following notification of need.
1.10.2 The Contractor shall accomplish the cutting, tossing and/or pushing of debris
from the primary transportation routes as identified by and directed by the City.
This operational aspect of the Scope of Services shall be for the first seventy (70)
work hours after an Event and the Notice to Proceed. Once this task is
accomplished, or is sufficiently underway, the following tasks may begin as
required.
1.11 Mobilization - Debris Removal / TDSRS Management
The Contractor shall mobilize personnel and equipment for this task and shall be fully
mobilized to begin debris removal operations within 72 h ours following the day of the
disaster. Debris Removal work within the City will be prioritized by the City of Sebastian.
1.12 Debris Removal From Public Rights Of Way
As identified by and directed by the City, the Contractor shall accomplish the pick -up and
hauling of all eligible debris to the designated Temporary Debris Storage and Reduction
Sites (TDSRS’s) from public rights-of -way; and shall maintain debris work sites to
appropriate use standards, safety standards and regulatory requirements.
1.13 Demolition Of Structures, Debris Removal From Private Property (Right Of Entry
Program) And Publicly Owned Property (Other Than Rights Of Way)
Should an imminent threat to life, safety and health to the general public be present on
private property or publicly owned property as referenced above, the Contractor as
identified by and directed by the City, will accomplish the demolition of structures and the
removal and relocation of the debris to the public rights -of -way. This service shall
commence upon receipt by Contractor from the City the completed right of entry forms,
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hold harmless agreements, the non -duplication of benefits agreements, an address
specific task order and the physical marking of each structure by the City. The
Contractor will place all debris collected through this process in the public rights-of-way
where the above Scope of Services (Debris Removal from Public Rights-of -Way) shall
commence. The City feels that it is in the best int erest of the health and safety of its
citizens to provide this service. All debris removed from private rights-of -way should be
separately tracked and logged.
1.14 Damage To Roadways, Rights Of Way And Private Property
1.14.1 Until final acceptance of the work by the City, it shall be under the charge and
care of the contractor and he shall take every necessary precaution against injury
or damage to property by the action of the elements, or from any other cause
whatsoever. The contractor shall rebuild, repair, restore and make good, at his
own expense, damages to any portion of properties before its completion and
acceptance.
1.14.2 Final cleanup, before the contract is considered complete, all rubbish and unused
material due to, or connected with, the work must be re moved and all premises,
rights of ways, and lands left in a condition satisfactory to the City. All property,
public or private, disturbed or damaged, during the execution of the work shall be
restored to its former condition. Final payment will be withheld until such work is
accomplished.
1.15 Safety And Protection
1.15.1 The contractor shall furnish and install all necessary equipment and facilities for
the protection of the workers and the safety of the public and shall carry on this
work in a manner best calculated to avoid injury to the public or to the work ers.
1.15.2 Protection of Adjacent Property and Utilities: The contractor shall conduct his
work in such a manner as to avoid damage to adjacent private or public property
and shall immediately repair or pay for any damage incurred through his
operations. The contractor shall take cognizance of all existing utilities and he
shall operate with due care in the vicinity of such utilities and shall immediately
repair or have repaired at no additional costs to the owner any breakage or
damage caused by his operation. Should the owner be required to make such
repairs, the cost of such repairs shall be deducted from the contract price.
1.16 Mechanically Loaded
All debris shall be mechanically loaded and reasonably compacted into trucks and
trailers.
1.17 Subcontractors
1.17.1 The contractor shall perform with its own organization contract work amounting to
not less than 30 percent (or a greater percentage if specified elsewhere in the
contract) of the total original contract price, excluding any specialty items
designated by the City.
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1.17.2 The Contractor shall provide the City with an updated list of all subcontract ors
including phone numbers of contact personnel.
1.17.3 Prior to the City assigning work, the Contractor shall provide the City with an
affidavit from each subcontractor stating there is a signed contract between the
Contractor and subcontractor.
1.17.4 The City may, at its discretion, limit the number of subcontract firms’ worker s
under the prime or sub-prime contractor at its sole discretion to ensure safety
and quality of work provided.
1.17.5 In its proposal to the City, the Contractor will provide information as to what
percentage of work described herein will be subcontracted.
1.18 Costs For Scope Of Work
1.18.1 Measurement and Payment for Gathering, Pick -up and Hauling to TDSRS;
Processing of Debris from Public Rights of Way; Hauling of Debris from TDSRS
to Final Disposal Site.
1.18.2 The Contractor will not be compensated for disposing of any material not defined
as eligible debris. The Contractor and City will inspect each load to verify the
contents are in accordance with the accepted definition of eligible debris. If any
load is determined to contain material that does not conform to the definition of
eligible debris, the load will be ordered to be deposited at another landfill or
receiving facility and no payment will be allowed for that load; and, the
Contractor will not invoice the City for such loads. For each suitable load picked
up, hauled, and processed, a record of the cubic yards will be recorded by the
Contractor and City on numbered tickets supplied by the Contractor. Copies of
each load record will be available to the Contractor and the City’s designee on
site. Each invoice shall contain verification of each cubic yardage load ticket and
also contain a summary sheet indicating, by day, the individual verified load
receipt and invoice amounts. The City may temporarily remove any disputed
amount line items in the bill from the invoice for review. Dispo sal costs (Landfill
Tipping Fees) shall be the responsibility of the City.
1.19 Modification Of Work
1.19.1 The City reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the Contractor of the
City’s notification of a contemplated change, the Contractor shall:
1.19.1.1. Provide an estimate for the increase or decrease in cost due to the
contemplated change.
1.19.1.2. Notify the City of any estimated change in the completion date.
1.19.1.3. Advise the City, in writing, if the contemplated change shall affect
the Contractor’s ability to meet the completion date s or schedules
of this contract.
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1.19.2 Upon written instruction by the City, the Contractor shall suspend work on an y
portion of the work affected by a contemplated change, pending the City’s
decision to proceed with the change.
1.19.3 If the City elects to make the change, the City shall issue a Contract Ame ndment
or Change Order and the Contractor shall not commence work on any such
change until such written amendment or change order has been issued and
signed by each of the parties.
1.20 Final Payment
It is anticipated that for a Category 3 (or less) hurricane that work shall be c omplete within
sixty (60) days of initial Notice to Proceed. More severe storms are anticipated to take
longer to complete.
In order for both parties herein to close their books and re cords, the Contractor will clearly
state ‘final invoice’ on the Contractor’s f inal/last billing to the City. This certifies that all
services have been properly performed and all charges and costs have been invoiced to
the City of Sebastian. Since this account will thereupon be closed, any and other further
charges, if not properly included on this final invoice, are waived by the Contractor.
1.21 Staffing Requirements – Contractor
1.21.1 The Contractor represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
City.
1.21.2 All of the services required herein under shall be performed by the Contractor or
under its supervision, and all personnel engaged in performing the services shall
be fully qualified and, if required, authorized or permitted under state and local
law to perform such services.
1.21.3 Each processing site shall have a temporary roofed shelter or canopy erected for
the comfort of support staff and personnel from weather conditions.
1.21.4 Each processing site shall have at least two portable sanitary units (porta-potties)
that are clean and regularly maintained throughout the contract period. The
Contractor shall keep an adequate supply of toilet paper in each unit.
1.21.5 The Contractor warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field.
1.22 Staffing Requirements – City
1.22.1 The City reserves the right to immediately remove any personnel with or without
cause that are deemed unsuitable for the City’s recovery effort. Personnel
subject to removal under this clause are City staff full and part-time or temporary;
Primary Contractor staff; sub-contractor staff.
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1.22.2 The City will provide a Storm Debris Removal Project Coordinator to act as
Liaison between City staff, FEMA and Contractor. This person will over see the
City’s interest in the entire storm debris removal operation and assure FEMA and
contract compliance.
1.23 Minimum Level Of Service
1.23.1 The Contractor shall provide the City multiple estimated minimum levels of
service commitments at the time of a “declared emergency” by the City. These
multiple commitments shall include, but shall not be limited to, mobilization
schedules, estimated number of calendar days for completion and resource
designations. The multiple commitments shall also be commensurate with the
required minimum level of service for varying degrees of severity of the event.
The determination as to which minimum level of service commitment is
implemented shall be the responsibility of the City. This shall b e based on the
actual severity and impact of the event.
1.23.2 The minimum level of service for debris removal for the operation shall mee t
FEMA standards for clearing debris, removal of any hanging branches and final
disposal of material from the DMS.
1.24 Performance Remedy Notification
Failure of the Contractor to meet the minimum level of service commitments, once debris
management services commence, shall result in the issuance of a Performance Remedy
Notification from the City to the Contractor. Once this date and time stamped notifi cation
is issued, the Contractor shall have a twenty -four (24) hour period in which to respond (in
writing) and take corrective action. Failure to do so may result in the assessment of
liquidated damages against the Contractor or its Surety.
1.25 General Requirements
REPORTING - The Contractor shall submit a report to the City by close of business
each day for the term of the contract. Each report shall contain, at a minimum, the
following information:
Contractor’s Name
Report Date
Location of completed work
Location of work for next day
Daily and cumulative hours for each piece of equipment and crew
(Emergency Clearance)
List of roads that were cleared (Emergency Clearance)
Number of Crews (including number of trucks and loadin g equipment)
Daily and cumulative totals of debris removed, by category
Daily and cumulative totals of debris processed, to include method(s) of
processing and disposal location(s)
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Daily estimate of hazardous waste debris segregated, and cumulative
amount of hazardous waste placed in the designated holding area
Number of hazardous trees and hanging limbs removed
Problems encountered or anticipated
1.26 Dumpsites (TDSR Sites)
1.26.1 The Contractor shall use only debris dumpsites designated by the City of
Sebastian, unless otherwise approved by the City of Sebastian. The Contractor
shall haul vegetative debris to the site designated for vegetative debris and
construction and demolition and mixed debris to the site designated for
construction and demolition . The Contractor shall haul hazardous waste debris
to the site designated for hazardous waste.
1.26.2 The dumpsite operator/contractor will direct all dumping operations. The
Contractor shall cooperate with the dumpsite operator/contractor to facilitate
effective dumping operations.
1.26.3 The City makes no representations regarding the turn -around time at the
dumpsites.
1.27 Other Considerations
1.27.1 The Contractor shall supervise and direct the work, using skillful labor and proper
equipment for all tasks.
1.27.2 Safety of the Contractor’s personnel and equipment is the responsibility of t he
Contractor. The Contractor shall pay for all materials, personnel, taxes, and fees
necessary to perform under the terms of this contract.
1.27.3 The Contractor must be duly licensed in accordance with the state and local
statutory requirements to perform the work. The Contractor shall obtain all
permits necessary to complete the work. The Contractor shall be responsible for
determining what permits are necessary to perform under the contract. Copies of
all permits shall be submitted to the City of Sebastian.
1.27.4 The Contractor shall be responsible for taking corrective action in response to
any notices of violations issued as a result of the Contra ctor’s or any
subcontractors’ actions or operations during the performance of this contract.
Corrections for any such violations shall be at no additional cost to the City of
Sebastian.
1.27.5 The Contractor shall be responsible for removing all of the contrac tor’s
equipment from the public and private property that was used under this contract.
1.27.6 The Contractor is not permitted to store equipment or trucks on public property
without the approval of the City of Sebastian.
1.27.7 There shall be no overnight parking or camping on public property without the
approval of the City of Sebastian.
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1.27.8 The Contractor is encouraged to employ experienced and qualified local sub -
contractors to include Disadvantaged Business Enterprises (DBEs)
1.28 Equipment
1.28.1 The Contractor shall provide all equipment necessary to prepare the site(s),
stockpile the debris, feed the grinder(s), air-curtain incinerator(s), remove the ash
from the incinerator(s), load and haul for disposal of all non -grindable or non-
burnable debris and ash residue, and any other equipment which may be
necessary for the performance of this contract.
1.28.2 Prior to commencing debris reduction and disposal operations, the Contractor
shall present to the City of Sebastian, for approval, a detailed description of all
equipment to be used for debris handling, sorting, processing, incinerating,
loading, and hauling, stating brand name, model, and horsepower, (including all
air-curtain incinerators).
1.28.3 All trucks and other equipment must be in co mpliance with all applicable federal,
state, and local rules and regulations.
1.28.4 Any equipment that is hauling debris to the designated reduction site shall be
capable of self -dumping or removing its load without assistance from other
equipment.
1.28.5 Sideboards or other extensions to the bed are allowable provided they meet all
applicable rules and regulations, cover the front and both sides, and are
constructed in a manner to withstan d severe operating conditions. The sideboard
extensions shall be braced with metal reinforcing. The overall height of the
hauling vehicle shall not exceed 13 feet 6 inches above the ground. All
extensions are subject to acceptance or rejection by the City of Sebastian.
1.28.6 Damaged sideboards must be repaired prior to arriving at the dumpsite. All trucks
utilized in hauling debris shall be equipped with a tailgate that will effectively
contain the debris on the vehicle while hauling and also permit the vehicle to be
loaded to capacity. Gaps in the tailgate greater than two (2) inches will not be
permitted. The tailgates shall be secured along the edges with fasteners of
sufficient strength to securely hold the tailgate closed during transit. Rubber
bungee cords will not be permitted.
1.28.7 The Contractor, prior to use, will inspect all equipment to ensure all requirements
are met and it is in good overall condition. The City reserves the right to refuse
equipment that is deemed unsafe or inadequate.
1.28.8 All equipment used for haulin g debris shall be measured and marked for its load
capacity. The Contractor shall supply pre -approved measurement forms for each
hauling container used under this contract.
1.28.9 Prior to commencing debris removal operations, the Contractor shall present to
the City, and the monitoring team, all trucks or trailers that will be used for
hauling debris, for the purpose of determining hauling capacity. The hauling
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capacity will be based on the interior dimensions of the hauler’s container and
rounded down to the nearest whole cubic yard.
1.28.10 Hauling capacity, in cubic yards, will be recorded and marked on each truck or
trailer with permanent markings. Each truck or trailer will also be uniquely
numbered for identification with a permanent marking.
1.28.11 Trucks and trailers designated for use under this contract shall be equipped with
a placard on the driver’s side of the hauling container. The placard shall state the
Contractor’s name, the sub -contractors name, individual and unique identification
number, and the total capacity in cubic yards of the hauling container.
1.28.12 The Contractor shall furnish these signs. All signs shall be removed prior to
performing work other than activities associated with this contract.
1.28.13 Equipment used under this contract shall be rubber tired and sized properly to fit
loading conditions.
1.28.14 Excessively large loading equipment (3 CY and larger) and non -rubber-tired
equipment must be approved by the City of Sebastian.
1.28.15 Hauling containers shall be a minimum of 15 cubic yards in volume unless
approved by the City of Sebastian.
1.28.16 Trailer type haulers shall be equipped with either tandem axles and/or dual tires,
a minimum of four (4) tires are required on all trailers. The GVWR shall be a
minimum of 10,000 lbs. on all trailers. All trailers must have a legible
manufacturer’s identification plate with ratings.
1.28.17 Trucks or equipment that are designated for use under this contract shall not be
used for any other work during the working hours of this contract. The Contractor
shall not solicit work from private citizens or others to be performed in the
designated work area during the period of this contract. Under no circumstances
will the Contractor mix debris hauled for others with debris hauled under this
contract.
1.29 Load Tickets
1.29.1 A five (5) part Load Ticket will be used for recording volumes of debris removed
and processed. At a minimum each ticket will contain the following information:
The City Debris Load Ticket (as a title)
Contractor Name
Ticket Number
Load Site Location
Date
Load Site Zone
Truck (Container) Number
Capacity (Container)
Total Debris Volume (Quantity)
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Dump Site Name (Location)
Debris Classification (Vegetation, C&D, Mixed, Other)
Pass Classification (1st, 2nd or subsequent)
Comment Section
Verification Signature Lines (Load Site, Dump Site Monitors and Contractor)
1.29.2 A City Load Site Monitor will issue a load ticket to the hauler prior to departure
from the loading site. Upon arrival at the dumpsite, the vehicle operator will give
the five copies to the City Disposal Site Monitor. The City will validate, retain one
copy, and give one copy to the driver, and three copies to the Contractor, (one
copy for the sub-contractor and two copies for the prime contractor).
1.29.3 The Debris Removal Contractor will not be permitted to unload the debris at a
TDSR/dump site without an approved Load Ticket that was supplied by their
assigned monitor.
1.29.4 The Contractor will not receive a Load Ticket for any loads that were not
observed by a Load Site Monitor during loading without the approval of the City
of Sebastian.
1.29.5 The Debris Removal Contractor shall supply all Load Tickets for the use of
tracking the loads into the TDSR sites. The TDSR Site Management Contractor
shall supply all Load Tickets for the use of tracking the final haul out of processed
debris.
1.29.6 A City Dump Site Monitor will determine the total cubic yards of material received
by visual inspection of the load. Trucks with partial loads will be adjusted down
during this visual inspection by the City of Sebastian. Load measurements will be
documented on Load Tickets.
1.29.7 The Contractor shall keep a daily updated log, in each TDSR site inspection
tower, of all loads received, including the total volume of debris in each load.
1.29.8 The Contractor shall provide a copy of all daily log sheets at the end of each
business day.
1.30 Traffic Control
1.30.1 The Contractor shall be responsible for control of pedestrian and vehicular traffic
in the work area. The Contractor shall provide all flag persons, signs, equipment,
and other devices necessary to meet federal, state, and local requireme nts. The
traffic control personnel and equipment shall be in addition to the personnel and
equipment required in other parts of this contract. At a minimum, one flag person
shall be posted at each entrance to the work area to direct traffic.
1.30.2 The contractor shall be responsible for traffic control during operations performed
by the contractor’s personnel and/or subcontractors. Traffic control shall be in
conformance with the Federal Highway Administration, Manual on Uniform Traffic
Control Devices, latest edition and the Florida Department of Transportation
Roadway and Traffic Design Standards, latest edition.
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1.30.3 The Contractor must be qualified and provide the City with copies of certifications
to conduct traffic control operations on roads.
1.30.4 The foregoing requirements are to be considered as minimum and the
Contractor's compliance shall in no way relieve the Contractor of final
responsibility for providing adequate traffic control devices and methods for the
protection of the public and employees throughout the work areas.
1.31 Hazardous Waste Spills – If Applicable
1.31.1 The Contractor shall be responsible for reporting to the City and cleaning up all
hazardous materials or waste spills caused by the Contractor’s operations at no
additional cost to the City of Sebastian.
1.31.2 Immediate containment actions shall be taken as necessary to minimize effect of
any spill or leak. Cleanup and reporting shall be in accordance with applicable
federal, state, and local laws and regulations.
1.31.3 Spills shall be reported to the Florida Department of Environmental Protection
(FDEP) – State Warning Point and the City immediately following discovery. A
written follow-up report shall be submitted to the City no later than 7 days after
the initial report. The written report shall be in narrative form, and as a minimum
shall include the following:
1.31.3.1. Description of the material spilled (including identity, quantity,
manifest number, etc.).
1.31.3.2. Determination as to whether or not the amount spilled is EPA/FDEP
reportable, and when and to whom it was reported.
1.31.3.3. Exact time and location of spill, including description of the area
involved.
1.31.3.4. Receiving stream or waters.
1.31.3.5. Cause of incident and equipment and personnel involved.
1.31.3.6. Injuries or property damage.
1.31.3.7. Duration of discharge.
1.31.3.8. Containment procedures initiated.
1.31.3.9. Summary of all communications the Contractor ha s had with press,
agencies, or Government officials other than the City of Sebastian.
1.31.3.10. Description of cleanup procedures employed or to be employed at the
site, including disposal location of spill residue.
1.32 OTHER
1.32.1 The Successful Proposer will appoint one of their employees as the key contact
for approval by the City’s Project Manager.
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1.32.2 It is the City’s belief that the service required is adequately described herein.
Therefore, any negotiated contract, which may result from this RFP, will include
the entire effort required of the proposer to provide the service described
REST OF PAGE INTENTIONALLY LEFT BLANK
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Request for Proposal (”RFP”): This solicitation document, including any and all
addenda.
2.1.2. Contractor: Selected bidder awarded a contract to provide the goods or services
to the City.
2.1.3. City: Refers to the City of Sebastian.
2.1.4. Contract or Agreement: Request for Proposal, all addenda issued thereto, all
affidavits, the signed agreement, and all related documents comprising the totality
of the agreement between the City and the Contractor.
2.1.5. Proposal: Submission in response to this RFP.
2.1.6. Proposer: Contractor submitting a response to this RFP, “pre -award”.
2.1.7. Responsible Proposer: Proposer that has the integrity, reliability and capability in
all respects to perform in full the contract requirement as stated in the RFP.
2.1.8. Responsive Proposer: Proposer whose proposal fully conforms in all material
respects to the RFP and its entire requirement, including form and substance.
2.1.9. Days: Refers to calendar days, unless otherwise stated.
2.1.10. Shall, Must and Will: Interpreted as mandatory language.
2.2 LENGTH OF CONTRACT AND RENEWAL
It is the intent of the City to award this contract to one (1) Primary Contractor and one (1)
Secondary Contractor. The contractors will be responsible for completion of the scope of
work described herein. The City will enter into a three (3) year term con tract, with renewal
clause for two (2) additional one (1) year terms for services as described herein .
2.3 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend any
award resulting from this bid for the period necessary for the City to release, award, and
implement a replacement agreement for the commodities and/or contractual services
provided in this bid. Such extension shall be based upon the same prices, terms, and
conditions outlined in this bid.
2.4 CANCELLATION
The City reserves the right to cancel this Invitation to bid, in whole or in part, when it is in
the City’s best interest. Notice of Cancellation will be posted on VendorLink.
2.5 BID SUBMISSION
2.5.1. Bid submittals are due at the date and time indicated on the cov er page or as
amended in the form of an addendum issued by procurement.
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2.5.2. All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to
monitor VendorLink for solicitation opportunities and updates.
2.5.3. It is the sole responsibility of the Contractor to ensure that their response is
submitted through VendorLink no later than the time and date specified in the
solicitation or subsequent addenda. The Contractor is responsible for allowing
adequate time to upload their submittal on VendorLink. If technical difficulties
arise during the submission of the solicitation response, it is the Contractor’s
responsibility to contact VendorLink technical support at
support@evendorlink.com. The City shall not be responsible for delays caused
by any occurrence. Submittals sent by mail, facsimile, electronic mail,
telephone, or any other means not specified herein will not be accepted.
Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe
Portable Document (.pdf), or ZIP file formats and printing must be enabled on all
files submitted.
2.6 BID GUARANTEE
The bidder shall warrant that the unit prices, terms, and conditions quoted in the bid shall
be for a period of not less than ninety (90) days from the solicitation opening date. Such
unit prices, terms and conditions shall remain in effect for the contract period.
2.7 EXECUTION OF BID SUBMITTAL
Each bid submittal must include the signature of an officer or e mployee having authority
to bind the contractor in the space(s) provided. Only the terms and conditions of this bid,
as released by the City or amended via addendum, are valid. Any modification to any
term or condition by the contractor is not binding unle ss it is expressly agreed to in writing
by the City in advance.
2.8 INTERPRETATION OF BID DOCUMENTS
No interpretation of the meaning of this bid document or correction of any ambiguity,
inconsistency, or error therein will be made verbally to any party. All requests for an
interpretation or clarification of this bid, and any subsequent addenda, or correction of
any apparent ambiguity, inconsistency, or error will be addressed in writing by the City’s
procurement manager. Inquiries must reference the date of b id opening, bid title, and bid
number. Interpretation of the bid, clarification of bid specifications, and changes to the bid
shall be communicated by written addenda only. Only the written interpretation or
correction given by the procurement manager shal l be binding. Verbal responses shall be
considered inadmissible in bid protest proceedings. Bidders are advised that no other
source is authorized to interpret, explain, clarify or give information regarding the bid
documents. Written addenda shall be sign ed by the bidder and returned with the bid
submission. Failure to return such addenda may constitute cause for rejection of a bid
submittal.
2.9 PUBLIC RECORDS
Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that
municipal records shall at all times be open for personal inspection by any person.
Information and materials received by the City in connection with all bidders’ responses
shall be deemed to be public records subject to public inspection upon award,
recommendation for award, or thirty (30) days after the bid opening, whichever occurs
first. However, certain exemptions to the public records law are statutorily provided for in
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Section 119.07, F.S. Therefore, if the bidder believes any of the information contained in
his or her response is exempt from the Public Records Law, the bidder must in his or her
response specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption, otherwise, the City will treat all materials received as
public records.
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 JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.10 NON-COLLUSION
By submitting a bid, bidder certifies that all information contained in the bid is truthful to
the best of their knowledge and belief. bidder further cer tifies, under oath, that this bid is
made without any colluded, conspired, connived or agreed, directly or indirectly, with any
other firm, person or corporation responding to this solicitation for the same product or
service. Bidder further certifies tha t bidder has not divulged discussed, or compared this
bid with other bids and has not colluded with any other bidder or parties to the bid. Any
violation of this provision will result in the cancellation and/or return of bidder’s materials
(as applicable) and the removal of the bid from the list(s).
2.11 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes.
All bidders shall disclose within their bid to the City the name of any officer, director, or
agent who is also an employee of the City. Furthermore, all bidders must disclose the
name of any City employee who owns, directly or indirectly, an interest of more than five
percent (5%) in the firm or any of its branches. Please submit to the City all info rmation
on any potential conflict of interest related to provision of the goods or services requested
in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal
consideration may adversely affect, or have the appearance of adversely affecting, an
employee’s professional judgment in exercising any City duty or responsibility in
administration, management, instruction, research, or other professional activities.
Should the successful bidder permanently or temporarily hire any City employee or
Council member, who is, or has been, directly involved with the bidder prior to or during
performance of the resulting contract, the Agreement shall be subject to immediate
termination by the City.
2.12 BID PROTESTS
Following Chapter 120, Florida Statutes, any person who is adversely affected by the
terms, conditions, or specifications outlined in this bid or who is adversely affected by a
decision of the City concerning the solicitation shall file a Notice of Intent to Protest, in
writing within 72 hours after the solicitation document is posted or after the notice of
decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A
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formal written protest shall be filed no later than 10 days after th e Notice of Intent to
Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written
protest must be accompanied by a protest bond, cashier’s check, or money order in the
amount of one percent (1%) of the total estimated contract va lue. The Notice of Intent to
Protest and formal written protest shall be filed at the following address:
Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal
written protest shall state, with particularity, the facts and law upo n which the protest is
based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post
the bond, cashier’s check, or money order within the time frames or in the manner
described above shall constitute a waiver of proceedin gs under Chapter 120, Florida
Statutes.
2.12.1. Decision – If the protest is not resolved by mutual agreement, the
Procurement/Contracts Manager shall promptly investigate the basis of the protest and,
after consultation with the originating department, the City Attorney or any other person or
entity deemed necessary, the Procurement/Contracts Manager shall issue a decision in
writing. A copy of the decision shall be furnished immediately to the protestor and any
other party determined by the Procurement/Contracts Manager to be directly affected by
the decision. The decision shall: a) State the decision and the basis for the decision, and
b) Set forth the protestor’s right to administrative review.
2.12.2. Administrative Review – If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to the City
Manager, provided written notice of such appeal shall be submitted by the protestor to
the Procurement/Contracts Manage r within seven (7) calendar days of receipt of the
decision to award. Any appeal of the decision by the City Mana ger shall be heard by the
City Council or other appropriate administrative or legal body.
2.12.3. Stay of Procurement – In the event of a timely and properly filed protest, the
Procurement/Contracts Manager shall not proceed further with the solicitation or award
until all administrative remedies have been exhausted, or until the City Manager or City
Council, as appropriate, makes a determination on the record that the award of a contract
is necessary to protect substantial interests of the City.
2.13 NO -CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business
Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager, any
Procurement Official, or any City employees except any designated Procurement Official
or Officials who may be identified in the procurement documents for purposes of
receiving questions or clarifications or for receiving bid protests. The No-Contact Period
shall commence on the initial date of the advertisement for this bid and continue through
and include the date the City Council makes its determination to approve or reject the
final recommendations. Failure to meet any of these requirements may disqualify the
bidder from consideration.
2.14 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may affect their work in any manner. Failure on the part of the
Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him
from any responsibility or liability arising from the contract award. The Contractor assures
and certifies that they will comply with all laws, ordinances, rules, regulations, and all
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other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA
regulations about the hazards associated with the project, such as fall protection,
lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site
first aid kits, and emergency communication. Any fines levied due to inadequacies or
failure to comply with all requirements shall be the sole responsibility of the Contracto r.
2.15 NPDES REQUIREMENTS
Contractor shall comply with the state of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES), including but not limited to all
permitting, Notices of Intent, and the Storm Water Pollution P revention Plan (SWPPP). All
costs for applying and obtaining the required Florida Department of Environmental
Protection (FDEP) NPDES and SWPPP Permits shall be included in the Bid Price. For
further information on compliance with their rules and regulatio ns, go to
http://www.dep.state.fl.us/water/stormwater/npdes.
2.16 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is, and shall be, in the performance of all Services and activities under this
Agreement, an independent contractor, and not an employee, agent, or servant of the
City. All persons engaged in any of the work or services performed under this agreement
shall at all times, and in all places, be subject to the contractor’s sole direction,
supervision, and control. The contractor shall exercise control over the means and
manner in which it and its employees perform the work, and in all respects, t he
contractor’s relationship and the relationship of its employees to the City shall be that of
an independent contractor and not as employees or agents of the City. The contractor
does not have the power or authority to bind the City in any promise, agree ment, or
representation. Nothing contained herein shall be deemed to create an association,
partnership, joint venture, or relationship of principal and agent or master and servant
among the parties or any affiliate thereof, or to provide any party hereto with the right,
power, or authority whether expressed or implied, to create any such duty or obligation on
behalf of any other party. The City, in its absolute discretion, retains the right to reject,
bar, or require the replacement of any employee, subcon tractor, or agent of the
contractor. Such rejection shall not relieve the contractor of the obligation to perform all
work in compliance with the bid.
2.17 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the consent and agreement of the contractor, purchases may be made under this
bid by other governmental agencies, political subdivisions within the state of Florida, or
any other public entity. Such purchases shall be governed by the same terms and
conditions stated herein. Further, it is understood that each agency will issue its own
purchase order to the contractor. This agreement in no way restricts or interferes with the
right of any other public agency to rebid any or all of these items.
2.18 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to, the
following: any state of Florida contract, any contract awarded by any other city or county
governmental agencies, other school boards, other community colleges/state university
system, cooperative agreements, or to directly negotiate/purchase per City policy. The
City also reserves the right to bid separately any item(s) and/or service(s) covered under
this agreement, if deemed to be in the best interest of the City, at any time during this
agreement term.
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2.19 PUBLIC ENTITY CRIMES
A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with r espect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of
any other state or with the United States, involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, o r material misrepresentation.
"Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought
by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or
entry of a plea of guilty or nolo contendere.
“Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statu tes, means:
2.19.1. A predecessor or successor of a person or corporation convicted of a public
entity crime, or
2.19.2. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime, or
2.19.3. Those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate, or
2.19.4. A person or corporation who knowingly entered into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding
36 months.
Bidder certifies that neither the entity proposing, nor any of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989. Where the bidder is unable
to certify to all of the statement above, bidder shall attach an explanation to this bid.
2.20 BANKRUPTCY / INSOLVENCY
At the time of bid submission, the contractor shal l not be in the process of or engaged in
any type of proceedings relating to insolvency or bankruptcy, either voluntary or
involuntary or receivership proceedings. If the contractor is awarded a contract for six (6)
months or longer, and files for bankrupt cy, insolvency, or receivership thereafter, the City
may, at its option, terminate and cancel the agreement, in which event all rights
hereunder shall immediately cease and terminate.
2.21 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this ITB can be terminated immediately for cause if
contractor is found to have failed to perform services in a manner satisfactory to the City;
or the City may terminate without cause upon thirty (30) days’ written notice to the bidder.
In the event of either termination, the contractor shall be compensated for all services
performed to the City’s satisfaction. The City shall be sole judge of non -performance.
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2.22 RIGHT TO REJECT
The City reserves the right to reject any or all bid(s), to waive minor irregulariti es, and/or
to accept the bid(s), which in its sole judgment best serves the interest of the City.
More than one bid from an individual, bidder or association under same or different
names, will not be considered.
2.23 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes.
Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian,
Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The Contractor shall provide
fully documented invoices, which indicates the basic information listed below.
a) Name of the business organization as specified on the Contract between City and
Contractor
b) Date of invoice
c) Contractor’s invoice number
d) Contractor’s federal identification number on file with the state
e) City purchase order number and bid number
f) Unit price of the goods, services or property provided
g) Extended total price of the goods, services or property
h) Applicable discounts
i) Description of provided goods or services
j) Quantity of provided goods or services
k) Date(s) of delivery of provided goods or services
l) Location provided goods or services were delivered
Any invoice submitted as a result of the award of this bid shall be itemized matching the
items on the purchase order. “Lump sum” invoices shall not be sub mitted and will not be
accepted for multiple line purchase orders. An invoice can only reference one purchase
order number. Invoices that do not reference valid purchase order number will be returned
to the contractor for resolution of the discrepancies and resubmitted.
It shall be understood that invoices shall not be authorized for payment until the work is
inspected by the respective City representative and payment is approved. The City will
pay the contract price minus any liquidated damages, back cha rges and/or other
damages to the contractor upon final completion and acceptance. The City shall provide
partial payments for Work completed by the contractor during various phases of the Work
assignment in accordance with the unit pricing provided in thei r bid submittal subject to an
agreement maximum or not to exceed amount. Failure to submit invoices in the
prescribed manner will delay payment.
2.24 PAYMENT
The City will only pay the dollar amounts as authorized on the purchase order. Payment
will be made according to Chapter 218, F.S., Local Government Prompt Payment Act,
after the commodities or contractual services provided by the contractor have been
received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. Payment for partial shipments shall not be made unless
specified in the purchase order. Failure to follow these instructions may result in delays in
processing invoices for payment. The purchase order number must appear on invoices,
bills of lading, packages, cases, delivery lists, and correspondence.
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2.25 AVAILABILITY OF FUNDS
The obligations of the City under this agreement are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City
Council.
2.26 SUBCONTRACTORS AND SUPPLIERS
The bidder is required to identif y any and all subcontractors and/or suppliers that will be
used in the performance of the proposed contract and to clearly identify in their
submission the names, portions and percentages of work to be performed by their
subcontractors or suppliers. Contra ctor shall be solely responsible for all acts and
omissions of its subcontractors or suppliers. Nothing in the bid and contract documents
creates any contractual relationship between any subcontractor or suppliers and the City
of Sebastian. Contractor shall be responsible for the timely payment of its subcontractors
and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with
these payment requirements will place the contractor in default of the contract.
2.27 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this bid to include the name,
email address, office telephone, and cell phone numbers of the person(s) to be contacted
for the placement of an order, coordination of services, and to address o ther issues. If the
point of contact differs between regular work hours, after -hours, weekends, and holidays,
this must be provided. The contractor shall ensure that all personnel assigned to work on
this project on their behalf must be dressed appropriate ly and clean at all times. Any
person who is present on the job site on behalf of the contractor must be provided and
display on their clothing proper identification at all times. The contractor must also provide
the procurement division with any updates to the primary point of contact. The City
reserves the right to require a change in the contractor’s point of contact at the City’s sole
discretion.
2.28 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this
agreement, or of any or all of its rights, title, or interest therein, or its power to execute
such agreement to any person, firm, or corporation without prior written authorization by
the City.
2.29 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the
commodities from use, as specified herein, will not relieve the contractor from
responsibility.
2.30 DISCRIMINATION
The bidder shall not practice or condone personnel or supplier discrimination of any
nature whatsoever, in any manner proscribed by federal or state of Florida laws and
regulations. The City of Sebastian will not knowingly do business with vendors, bidders,
or contractors who discriminate on those protected by state and federal law. Through the
course of providing services to the City, contractors shall affirmatively comply with all
applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights
Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other
applicable regulations, guidelines and standards. Any person who believes their rights
have been violated should report such discrimination to the City.
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2.31 AUDIT AND INSPECTION
The City or their representative reserves the right to inspect and/or audit the cont ractor's
documents and records as they pertain to the products and services delivered under this
bid. Such rights will be exercised with notice to the contractor to determine compliance
with and performance of the terms, conditions, and specifications on a ll matters, rights,
duties, and obligations established by this bid. Documents or records in any form shall be
open to the city’s representative and may include but are not limited to all
correspondence, ordering, payment, inspection, and receiving records , contracts or sub-
contracts that directly or indirectly pertain to the transactions between the City and the
contractor.
2.32 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the
City, and its officers and employees, from all claims, demands, liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
contractor or its Sub-Contractor(s) and other persons employed or utilized by the
Contractor or its subcontractor(s) in the performance of the agreement; regardless of the
negligence of the indemnitee or its officers, directors, agents, or employees. However,
such indemnification shall not include claims of, or damages resulting from, gross
negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers,
directors, agents or employees. Upon request of the City, the contractor or its
subcontractor(s) shall, at no cost or expense to the City, indemnify and hold the City
harmless of any suit asserting a claim for any loss, damage or liability specified above,
and the contractor or its subcontractor(s) shall pay any cost and reasonable attorneys’
fees that may be incurred by the City in connection with any such claim or suit or in
enforcing the indemnity granted above. Nothing in this agreement shall be construed as
the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or
any other sovereign or governmental immunity. This provision shall survive the
termination of this bid.
2.33 LOCAL VENDOR PREFERENCE
Effective October 14, 2009, City of Sebastian adopted a local vendor preference.
City Code Sec. 2-11. Local Vendor Preference Policy
(a). Definitions.
(1) Local business means the vendor has:
a) A valid business tax receipt issued by the City of Sebastian or by Indian
River County at the time a bid or proposal is submitted, and
b) A physical address located within the local area, in an area zoned for the
conduct of such business, from which the vendor is operating a significant
portion of its business, and at which it maintains full-time employees.
(2) Nonlocal business means any vendor that does not meet the definition of a
business within the local area.
(b) Establishment as local area business. To establish that a vendor is a local area
business a vendor shall provide written documentation of compliance with the
definitions for each such local business as defined in subsection (1) herein, at the
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time of submitting a bid or Bid. Post office boxes are not verifiable and shall not be
used for the purpose of establishing the required physical business address. A
vendor that misrepresents the local area status of its Bidder in a Bid or bid submittal
to the city will lose the privilege to claim local preference status for a period of two
years.
(c) Local preference in purchasing and contracting . The City of Sebastian shall give
preference to local area businesses in the purchase of commodities, person
property, general services, personal property, professional services, and the
purchase of or contract for construction or renovation of public works or other public
improvements by means of competitive bid. The city shall give such preference to
local area businesses in the following manner:
(1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how
the price order of the bids received will be evaluated and determined.
When a qualified and responsive nonlocal business submits the lowest price bid,
and the lowest bid submitted by a qualified and responsive local area business is
within five percent of the lowest bid, then the lowest bidding local area business
shall have the opportunity to submit an offer to match the price submitted by the
lowest nonlocal area business Bidder.
Within five working days after the posting of the qualified and responsive bids,
any local area business that has submitted a qualified and responsive bid within
five percent of the lowest bid by a nonlocal area business, and that wants the
opportunity to match the lowest bid, shall submit a written offer to match the
lowest bid. If the lowest local area business submits an offer that matches the
lowest bid submitted, then the award shall be made to such local business.
If the lowest local area business Bidder declines or is unable to match the lowest
bids, then the option to do so moves to the next qualified and responsive local
area business if its bid is within five percent of the lowest bids, and it is a
qualified and responsive Bidder.
If the lowest bid is submitted by a qualified and responsive local area business,
there is no local vendor preference.
If a qualified and responsive local area business accepts the opportunity to
match the lowest bid of a nonlocal area business and that bid is based on unit
price bid items and estimated quantities, then the unit prices for all bid items shall
be reduced in proportion to the reduction in the local area business’s total bid
amount required to match the lowest total bid.
(2) Ties. In the event of any tie in the final bid price between a qualified and
responsive local area business, and a nonlocal area business, a contract award,
or the first opportunity to negotiate, as applicable, shall be ma de to the local area
business. In the event of any two businesses located within the City of Sebastian,
or two businesses located within the greater local area, the local vendor with the
greatest number of full-time employees working in the City of Sebastian or the
greater local area respectively shall be awarded the contract or re ceive the first
opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy . The local preference policy set forth
herein shall not apply to any of the following purchases or contracts:
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(1) Goods or services provided under a cooperative purchasing agreement or
piggyback agreement; or
(2) Purchases or contract which are funded, in whole or part, by a governmental
entity and the laws, regulations, or policies governing such funding prohibit
application of that preference; or
(3) Purchases made or contracts let under emergency or noncompetitive situations,
or for litigation related legal services, as described in the City’s purchasing
policies; or
(4) Purchases or contracts with an estimated cost of $5,000.00 or less; or
(5) Purchases or contracts where the difference between the amount of the low bid
submitted by a qualified and responsive nonlocal area business and the lowest
bid submitted by a qualified and responsive local area business is greater than
$25,000.00; or
(6) Where all bids are rejected.
(e) Waiver of the application for local vendor preference policy. Any request for the
waiver of local preference to any particular purchase or contract must be heard by
the City Council prior to advertising the bid. The City Council, as the awarding
authority, may approve the waiver of local preference upon review and at its
discretion.
(f) Comparison and review of qualifications . The preferences established herein no way
prohibit the right of the City of Sebastian to compare and review the quality of
materials bid for purchase, and to compare and review the qualifications, character,
responsibility and fitness of all persons, Bidders or corporations submitting bids or
Bids. Furthermore, the local preference established herein shall not prohibit the city
from giving any other preference permitted by law in addition to the local preference
contained herein.
(g) Administration of local preference policy. This policy shall apply to all departments,
functions and funds under the governance of the City of Sebastian, unless
subsection (d) applies.
(h) Dispute resolution. Any dispute arising under the provision of this section shall first
be presented to the City Manager for determination. The decision of the City
Manager shall be appealable to the City Council, and the decision of the City Council
shall be final and binding on all parties.
2.34 CONTRACTS AND AMENDMENTS
The contents of this bid and all provisions of the contractor’s submittal shall be
considered an agreement and become legally binding. Any changes to the provisions
hereinafter award must be in writing and signed by both Parties.
2.35 SCRUTINIZED VENDOR CERTIFICATION
Bidder certifies under penalties of perjury, as of the date of this solicitation to provide
goods and/or services to the City, that it:
2.35.1. Does not participate in a boycott of Israel; and
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2.35.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.35.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.35.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; and
2.35.5. Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of
Sebastian shall provide notice, in writing, to the bidder of the City’s determination
concerning the false certification. The contractor shall have sixty -(60) days following the
receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error. If the bidder determines, using credible information
available to the public, that a false certification has been submitted by bidder, this
contract may be terminated and a civil penalty equal to the greater of $2 million or twice
the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said certification
must also be submitted at the time of Contract renewal.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments,
and local government entities from: 1) contracting with companies for goods or services
in any amount if at the time of proposing on, proposing a bid for, or entering into or
renewing a contract if the company is on the Scrutinized Companies that Boycott Israel
List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
Israel; and 2) contracting with companies, for goods or services over $1,000,000.00
that are on either the Scrutinized Companies with activities in the Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created
pursuant to Section 215.473, Florida Statute, or have been engaged in busin ess
operations in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in
furtherance hereof, the bidder certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the Scrutinized
Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S.
215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan
List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List
created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria.
2.36 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt, as well as any licenses
required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA.
Contractors who are required to be registered with the Florida Department of State,
Division of Corporations or who are incorporated within the state of Florida must furnish
their Florida document number and a screenshot of their “active” status. All registered
contractors must have an active status to be eligible to do business with the City.
Contractors doing business under a fictitious name, on page 1, must submit their offer
using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ
Company. If the contractor is not located in Florida, the contractor must provide their
state’s document number and a screenshot of their current, date -identified “active” status
with their submittal.
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All licenses shall be up to date. Contractors must provide their current contractor’s
license, prior to starting work. If the bidder is a State Certified General Contractor, or a
State Registered General Contractor the bidder mu st be registered with the City of
Sebastian.
2.37 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes,
contractors or vendors doing business with the City are not exempted from paying said
taxes to their supplier for good s or services purchased to fulfill the contractual obligations
with the City, nor shall any contractor or vendor be authorized to use the City’s Tax
Exemption Number in securing such materials.
2.38 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in
response to this Bid to be a confidential trade secret, or otherwise not subject to
disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other aut hority,
the contractor must also simultaneously provide the City with a separate redacted copy of
its response. The redacted copy shall contain the City’s solicitation name, number, and
the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.” The
contractor must also include next to each redaction the statutory basis for the exemption.
The contractor shall be responsible for defending its determination that the redacted
portions of its response are a confidential, trade secret, or otherwise not subject to
disclosure. Further, the contractor shall protect, defend and indemnify the City for any
claims from or relating to the contractor’s determination that the redacted portions of its
response are confidential, proprietary, trade s ecret, or otherwise not subject to disclosure.
If the contractor fails to submit a Redacted Copy with its response, the City is authorized
to produce the entire documents, data, or records submitted by the contractor in
response to a public records request for these records.
2.39 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing the
City the same or better pricing than other governmental agencies. If during the term of
this agreement, the City identifie s better pricing for the same item, the Contractor agrees
to offer the City the reduced price.
2.40 LIQUIDATED DAMAGES
The contractor agrees to the use of liquidated damages in the event the contractor fails to
perform by the provisions herein. The Contractor hereby agrees, as part consideration for
awarding the Agreement, to pay the City the sum of One -Hundred Dollars ($100.00), for
each and every calendar day that the Contractor shall be in default after the time
stipulated in the Agreement for completing th e Work. The Contractor and City
acknowledge and agree that said sum is not a penalty but liquidated damages for breach
of contract
On the occasion where the contractor is in default of the Agreement, or any material
provision thereof, or fails to remedy a ny deficiency in performance, the City may procure
the necessary supplies or services from an alternative source and hold the contractor
financially responsible for any excess costs incurred. The difference between the Bid
price of the product or service and the actual price paid may be deducted from any
current or future obligations owed to the contractor as liquidated damages.
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2.41 FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing any duty, requirement,
or obligation under this agreement that is due to any of the following causes, to the extent
beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage,
accident, flood, acts of God, epidemic, pandemic, quarantine, riots, civil commotion, acts
of government authorities, changes in laws or regulations strikes, or other labor disputes,
or because of any other matter or condition beyond the control of either party and which
cannot be overcome by reasonable diligence and without unusual expense.
2.42 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory
performance during the term of this bid. The report may become an important part of the
contractor’s history. The report and process will as sist the City in determining whether
there is a continuing pattern of problems that may need to be addressed through
termination of contract and/or suspension of the contractor from future bidding.
2.43 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116
(superseding Executive Order 11 -02; Certification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
contractor must comply with the Employment Eligibility Verification Program developed by
the federal government to verify the eligibility of individuals to work in the United States
and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The contractor
shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize
E-Verify to verify the employment eligibility of all new employees hired during the term of
the contract (3) utilize E-Verify to verify the employment eligibility of all employees
assigned to the contract; and (4) shall expressly require any subcontractors performing
work or providing services pursuant to the contract to likewise utilize E -Verify to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
term. Information on registration for and use of the E -Verify system can be obtained at
the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify.
BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAG E FROM E-VERIFY WITH
THEIR BID.
2.44 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions
contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and
Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents.
2.45 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, bidder certifies the following:
2.45.1. A written statement is published notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the workplace named above and specifying actions
that will be taken against violatio ns of such prohibition.
2.45.2. Employees are informed about the dangers of drug abuse in the work place, the
bidder’s policy of maintaining a drug free working environment, and available
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drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug use violations.
2.45.3. Employees are notified that as a condition of working on the commodities or
contractual services being solicited, they will notify the employer of any
conviction of, plea of guilty or nolo contendere to, any violation of Chapter 893, or
of any controlled substance law of the State of Florida or the United States, for a
violation occurring in the work place, no later than five (5) days after such
conviction, and requires employees to sign copies of such written statement to
acknowledge their receipt.
2.45.4. The bidder/employer imposes a sanction, or requires the satisfactory
participation in, a drug abuse assistance or rehabilitation program, if such is
available in the employee’s community, b y any employee who is so convicted.
2.45.5. The bidder/employer makes a good faith effort to continue to maintain a drug free
work place through the Implementation of the drug free workplace program.
2.46 DEBARMENT AND SUSPENSION
2.46.1. bidder certifies to the best of its knowledge and belief that it and its principals:
2.46.2. Are not presently debarred, suspended, proposed for disbarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
2.46.3. Have not within a three-year period preceding this application been convicted or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
2.46.4. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
2.46.5. Have not within a three-year period preceding this application had one or more
public transactions (Federal, State or local) terminated for cause or default.
2.46.6. The City of Sebastian will not make award to parties listed on the government
wide exclusions in the System for Award Management (SAM).
2.46.7. BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM SYSTEM
FOR AWARD MANAGEMENT (SAM) WITH THEIR BID. WHERE THE BIDDER
IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, BIDDER
SHALL ATTACH AN EXPLANATION TO THIS BID.
2.47 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the
Florida Department of Management Services Convicted/Suspended/Discriminatory
Complaint Vendor List.
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2.48 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor
by the City under this contract. The contractor will not use such data for any purpose
other than providing services and support to the City under this bid, nor will any pa rt of
such data be sold, assigned, leased, or otherwise disclosed to third parties (other than
authorized subcontractors for purposes of performance of the Services) or commercially
exploited by or on behalf of the contractor. The contractor will not posse ss or assert any
lien or other right against such data.
2.49 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with
the City and/or any other parties shall take place via secure means using current industry
approved encryption standards.
2.50 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification Act
outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171,
F.S. ("Notification Event"), Contractor will notify the City immediately and will comply with
the requirements of Section 501.171, F.S. assume responsibility for all costs associated
with complying with the breach notification and informing all such individuals by
applicable law. The Contractor agrees to indemnify, hold harmless and defend the City
and its trustees, officers, and employees from and against any claims, damages, or other
harm related to such Notification Event.
2.51 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the plac e for giving of
notice in compliance with the provisions of this paragraph. For the present, the Contractor
designates the address set forth on the first page of this bid document as its place for
receiving notice, and the City designates the following add ress for such notice:
City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
This RFP will generally be awarded to the most responsive and responsible proposer(s)
who scores the highest number of points; however, the City reserves the right to award to
whomever they wish, or to accept or reject any or all proposals submitted in whole or in
part, and to cancel this RFP and re -solicit or not re-solicit as determined to be in the City’s
best interests. The City also reserves the right to select a proposer without shortlisting or
requesting oral presentation. The establishment, application and interpretation of the
evaluation criteria above shall be solely within the discretion of the City.
3.2 QUANTITIES
Any quantities identified in this RFP are estimates only and in no way obligate the City to
purchase these amounts. The City reserves the right to re-negotiate prices if, at any time
during the term of the agreement, the City purchases more than the estimated quantities
in this RFP.
3.3 IMPORTANT FEDERAL PROVISIONS
3.3.1. There are critical differences between a project awarded with City funds and a
project awarded with federal funds. Bidder must read and thoroughly understand
these provisions before submitting a bid and submit questions in writing for
clarification prior to the question deadline.
3.3.2. The intent of these federal attachments is to complement and supplement other
provisions of the solicitation documents. However, if there is any conflict between
these attachments and other provisions of the solicitation document s, the federal
provisions shall take precedence over the other provisions. When other
provisions of the solicitations are similar but more stringent than the federal
provisions, the more stringent provisions shall apply.
3.4 PERFORMANCE/PAYMENT BONDS
Within fifteen (15) days after notification of an emergency by the City’s authorized
representative, the contractor shall provide a payment/performance bond in the initial
amount of $50,000. Performance Bond and Payment Bond shall increase upon
assessment of debris to 100% of project value.
3.4.1. State of Florida Bonding Requirements:
3.4.1.1. The surety (bonding) company must be licensed to conduct
business in the State of Florida and show proof thereof.
3.4.1.2. The surety (bonding) company must hold a current certificate
authorizing them to conduct business in the State and show proof
thereof.
3.4.1.3. The surety has twice the minimum surplus and capital required by the
Florida Insurance Code; and show proof thereof.
3.4.1.4. The surety (bonding) company is in compliance with the Florida
Insurance Code; and show proof thereof.
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3.4.1.5. The surety (bonding) company holds a valid certificate of authority
issued by the U.S. Department of Treasury and show proof thereof.
3.4.1.6. Copies of all documents that the surety (bonding) company
provided be certified.
3.4.1.7. Each surety, (bonding company) provide proof that it is listed in the
current issue of the Federal Registry, Department Circular 570,
Department of the Treasury, of “Companies Holding Certificates of
authority as Acceptable Sureties on Federal Bonds as Acceptable
Reinsuring Companies”. Sureties may also provide proof that they are
authorized to transact insurance in the State of Florida and in addition
thereto, they may provide a copy of their current, audited, annual
statement indicating their current financial condition.
3.5 INSURANCE
3.5.1. The City of Sebastian is to be specifica lly included as an additional insured on all
certificates of insurance (with excep tion to Workers Compensation).Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability.
A renewal certificate shall be issued thirty - (30) days prior to said expiration
date. The certificate shall provide a thirty - (30) day notification clause in the
event of cancellation or modification to the policy.
3.5.2. Before starting and until acceptance of the work by the City, Awar ded Contractor
shall, as a minimum mandatory condition precedent to this work, procure and
maintain insurance of the types and to the limits specified below, at their own
expense and without cost to the City, until final acceptance by the City of all
products or services covered by the purchase order or contract.
3.5.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
3.5.4. Minimum coverage with limits and provisions are as follows:
3.5.4.1. Commercial General Liability: The Successful Proposer shall
provide minimum limits of $1,000,000 each occurrence,
$2,000,000 general aggregate combined single limit for bodily
injury and property damage liability. This shall include
premises/operations, personal & advertising injury, products,
completed operations, contractual liability, specifically confirming
and insuring the indemnification and hold harmless clause of the
contract. This policy of insurance shall be considered primary to
and not contributing with any insurance maintained by the City
and shall name the City as an additional insured with waiver of
subrogation noted on the Certificate of Liability. The policy of
insurance shall be written on an “occurrence” form.
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3.5.4.2. Business Automobile: Successful Proposer shall provide minimum
limits of liability of $1,000,000.00 each accident, combined single
limit for bodily injury and property damage. This shall include
coverage for:
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
3.5.4.3. Umbrella/ Excess Liability: Successful Proposer shall provide
umbrella/excess coverage with limits of no less than
$1,000,000.00 excess of Commercial General Liability,
Automobile Liability and Employers Liability. *This coverage is
optional if Successful Proposer h as $2,000,000 General
Aggregate under the Commercial General Liability Policy. **
3.5.4.4. Workers' Compensation: The Successful Proposer shall provide
and maintain workers’ compensation insurance for all employees
in the full amount required by statute and full compliance with the
applicable laws of the State of Florida (Florida Statutes Chapter
440). Exemption certificates to this requirement are not
acceptable.
3.5.4.5. Pollution Liability: Successful Proposer shall provide and maintain
pollution liability Insurance covering Contractor’s or appropriate
subcontractor’s liability for bodily injury, property damage and
environmental damage resulting from sudden accidental an d
gradual pollution and related cleanup costs incurred by
Contractor, all arising out of the Goods delivered or Services
(including transportation risk) performed under this Contract is
required. Combined single limit per occurrence shall not be less
than $1,000,000 (one million dollars). Annual aggregate limit shall
not be less than $1,000,000 (one million dollars).
3.5.4.6. An endorsement to the Commercial General Liability or
Automobile Liability policy, covering Contractor’s or subcontractor’
liability for bodily injury, property damage and environmental
damage resulting from sudden accidental and gradual pollution
and related clean-up cost incurred by the Contractor that arise
from the Goods delivered or Services (including transportation
risk) performed by Contractor under this Contract is also
acceptable.
3.5.5. The Contractor shall declare any self -insured retention or deductible amount in
excess of $5,000 for any policy. The City reserves the right to reject any self -
insured retention or deductible in excess of $5,000.
3.5.6. All insurance carriers shall be rated (A) or better by the most recently published
A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility
of the contractor to ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of the
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insurance policy according to the nature of the project. City reserves the right to
accept or reject the insurance carrier.
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SECTION 4 – EVALUATION PROCEDURE
4.1 It is the intent of the City that all responsive and responsible proposers responding to
this RFP, who meet the requirements, will be ranked in accordance with the criteria
established in these documents.
4.2 Proposals shall include all information solicited in this RFP . Proposers will provide their
best price and cost analysis and should not withhold any information from the written
response in anticipation of presenting the information orally or in a demonstration, since
oral presentations or demonstrations may not be sol icited. Each proposer will be ranked
based on the criteria herein addressed.
4.3 Weights for cost will not be assigned by the evaluation committee. Cost will be scored by
the Procurement Division based on the criteria in 4.9. During the evaluation process and
at the sole discretion of the City, requests for clarification of one or more proposer
submittals may be conducted. This request for clarification may be performed by the City
in a written format, or through scheduled oral interviews. Such clarification request will
provide proposers with an opportunity to answer any questions the City may have on a
proposer’s submittal. After written clarification is completed, the Committee members
will have an opportunity to revise their individual scores for the non -price factors.
4.4 An adjective-based scoring system shall be applied to the qualification criteria throughout
the evaluation process for the evaluation of the written responses and the oral
discussions. A score of 0 is the least favorable and a score of 5 is the most favorable in
all sections.
4.5 The Firm’s response will be scored by Committee members in accordance with the
following scale:
Weighted
Value Description
0 No information provided for the specific criteria. Firm failed to address the
criteria. No documentation was provided.
1 “Poor”: Qualification submittal is lacking or inadequate in most basic
requirements for the specific criteria
2
“Below Average”: Qualification submittal meets many of the basic
requirements for the specific criteria but is lacking in some essential
aspects.
3
“Average”: Qualification submittal adequately meets the minimum
requirements of the specific criteria and is generally capable of meeting
the City’s needs.
4
“Above Average”: Qualification submittal more than adequately meets the
minimum requirements of the specific criteria and exceeds those
requirements in some aspects.
5 “Excellent”: Qualification submittal exceeds the minimum requirements in
most aspects of the specific criteria.
NOTE: The Committee member’s score times the “weighted value” assigned to the different
sections listed here equals the total score for that section.
(EXAMPLE: Maximum score of 5 X’s weighted value of 10 = Maximum of 50 Points).
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4.6 Proposers submitting the required criteria will have their proposals evaluated by an
evaluation team and scored for the proposal criteria factors to include but not limited to
the ability of the professional personnel; past performance; willingness to meet time
requirements; and recent, current, and projected workloads.
4.7 Proposal Requirements
4.7.1. Pages should be sequentially numbered at the bottom of the page.
4.7.2. Proposals should be concise and provide only the information requested.
Additional data will not be considered.
4.7.3. The Proposal shall be limited to no more than twenty-five (25) pages (Not
including the required forms listed in Tab 1 or the Required Tabs). Any
responses exceeding twenty-five (25) pages, not including the required forms or
tabs, may be considered non-responsive and not considered for award.
4.8 Proposal Submittal Format
Proposers shall include the following information in their written response document.
4.8.1. Title Page: (Non-scored) - Title Page shall show the request for proposal's
subject, title and proposal number; the firm's name; the name, address and
telephone number of a contact person; and the date of the proposal.
4.8.2. TAB 1 – Transmittal Letter & Mandatory Forms: (Non-scored)
4.8.2.1. The response shall contain a cover letter by a person who is
authorized to commit the Firm to perform the work included in the
proposal and shall identify all materials and enclosures being
forwarded in response to the RFP. The letter shall also provide
a brief description of the Firm’s ability to meet the requ irements of the
RFP, to include a statement that they are financially capable to
perform the scope of work required for this project and provide a brief
discussion about Firm’s business history in the marketplace.
4.8.2.2. Required Forms
A. Contact Information Sheet
B. Non-Collusion Affidavit Form
C. Identical Tie Proposals
D. Insurance Requirements Acknowledgement
E. Truth-in-Negotiations Certificate and Affidavit
F. Certification Regarding Debarment and Suspension
G. Disclosure of Lobbying
H. Reference List
I. Subcontractor List
J. Addenda Acknowledgement
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4.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall provide
listing of all major topics, their associated section number, and starting page .
4.8.4. TAB 3 – Summary of Qualifications: (maximum 5 x 5 = maximum 25 points
4.8.4.1. Business History – provide a brief history of the company’s
background. Include at a minimum a general description of work
performed by company; date company was established; number of
years owner has worked in this area of business; and physical
location of facility servicing this account.
4.8.4.2. Company Owned Equipment – provide a comprehensive list of
equipment available for use with this contract.
4.8.4.3. Current Contracts - provide a list of current contracts, preferably in the
southeastern United States. Include type of event, contract value,
duration of contract and interaction with FEMA.
4.8.4.4. Past Performance – provide a comprehensive list of past performance
and list type of disaster, scope of work, dollar value, reference name,
email address & phone number. Proposers must have a least five (5)
years’ experience satisfactorily providing the proposed services to a
municipality or other public entity. If the Proposer does not have any
experience with providing similar services to a public entity, the City
may accept similar experience for a private entity, at the City’s sole
discretion.
4.8.4.5. Financial Resources – notarized statement showing the Contractor’s
maximum bonding capacity; and that the Contractor has an available
bonding capacity for a minimum of $500,000.00 dollars specifically
for each event. Statement should also identify if the contractor has
ability to increase their bonding capacity if necessary and include
the maximum bonding capacity. NOTE: Notarized statement must be
from an admitted surety insurer authorized to issue bonds in the
State of Florida not an agent or broker. Narrative of financial
capability.
4.8.4.6. Litigation – provide a summary of any litigation filed against the
proposer in the past five (5) years that is related to the services to be
provided. The summary shall state the nature of the litigation, a brief
description of the case, the outcome or projected outcome and the
monetary amounts involved.
4.8.4.7. If firm is currently or has previously provided services for the City of
Sebastian, please provide an itemized list of these projects to include
contact person, length of time service was provided and value of
contract.
4.8.5. TAB 4 – Qualification of Team: (maximum 5 x 4 = maximum 20 points)
4.8.5.1. Project team (knowledge of municipal government industry)
4.8.5.2. Proposers shall specifically list the proposed team to carry out the
services defined herein. Include qualifications, experience, resumes
and knowledge of working with municipalities in the areas of strategic
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planning and coordination for those listed as the proposed team.
Limited to one
4.8.5.3. Key Personnel – indicate specifically the personnel who will have
primary responsibility for the City’s contract. Also indicate all key
individuals and their tasks and/or areas of expertise. Identify the
percentage of work to be completed by subcontractors.
4.8.5.4. Training – list all certifications of staff applicable to work performed
under this contract.
4.8.5.5. Field Organization Chart.
4.8.6. TAB 5 – Technical Approach: (maximum 5 x 6 = maximum 30)
4.8.6.1. Management Plan – provide a management plan for each category of
work describing what actions will be taken for a disaster generating
debris such as those found in a category 3 storm. The plan should
include items such as: number and locations of TDSR sites,
minimum size, type and numbers of hauling equipment,
management and supervision staff, and the methodology for
scheduling and routing the removal of debris (vegetative, C&D,
mixed, white metals, and hazardous waste).
4.8.6.2. Mobilization – discuss your capacity and plan for mobilization and
plan for mobilization.
4.8.6.3. Subcontractors – provide subcontractor list; outline plan for using
local participation as subcontractors. Discuss inclusion of small
and minority businesses.
4.8.6.4. Staging Sites – provide a typical debris staging area inspection tower
drawing.
4.8.6.5. Load Ticket – provide a sample load ticket that incorporates City’s
requirements.
4.8.6.6. Public Announcements/Notices – discuss plan/procedures for keeping
citizens apprised of recovery process and list proposed venues for
dissemination of information.
4.8.6.7. Invoicing/Auditing – discuss ability to track and record all work for
invoicing and auditing purposes.
4.8.6.8. Other unique services your company can provide.
4.8.7. TAB 6 – REFERENCES: (maximum 5 x 1 = maximum 5 points)
4.8.7.1. Use References form to list at least three (3) client references in
which disaster debris removal services were provided within the last
five (5) years.
4.8.7.2. At least two (2) of these references should be government entities
with a minimum of 150 or more employees.
4.8.7.3. At the discretion of the Evaluation Team, the Procurement/Contracts
Manager may request and tabulate written references and make a
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report to the Team or assign a Team member to do so.
Reference checks are typically completed on the short -listed firms
only; however, the City reserves the right to expand reference checks
to other firms or during other phases of the evaluation process.
Consideration of responses received from reference checks may be
given during the final selection process.
4.9 COST PROPOSAL: (maximum 5 x 4 = maximum 20 points)
4.9.1. Provide cost proposal in a separate PDF labeled “RFP #24-07 cost
proposal”.
4.9.2. Please See attachment E, Cost Proposal
4.9.3. Calculation of points for cost will be completed as described in the following
EXAMPLE.
Proposal Cost Lowest Cost
Proposed
% of Low
(Low
proposal/Prop
osal Cost)
Multiplier Total Points
Assigned
(% of Low *
Multiplier)
Company A $100,000.00 $100,000.00 100% 20 20
Company B $108,000.00 $100,000.00 92.6% 20 18.52
Company C $120,000.00 $100,000.00 83.3% 20 16.66
4.10 Selection & Award Process
The Evaluation Team will evaluate each written Qualification submittal on the basis of the
criteria in the RFP.
Evaluation Criteria Total Possible
Points
Tab #1 – Summary of Qualifications 25
Tab #2 – Qualifications of Team 20
Tab #3 – Technical Approach 30
Tab #4 - References 5
Cost Proposal 20
MAXIMUM POSSIBLE POINTS 100
MBE/WBE/DBE Business
(only used in the event for a tie to the highest total
points)
5
4.11 Based on the evaluation of the written submittals a nd the closeness of the scores
determined by said evaluation, the City may choose to conduct oral
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discussions/interviews with the top three or more f irms for clarification, and to assure full
understanding of, and conformance to, the solicitation requirements, and to clarify the
firms’ qualifications. Should the Evaluation Team (E-Team) request oral
discussions/interviews, the following procedures will apply.
4.12 Oral Discussions/Interviews (maximum 100 points)
4.12.1. The short-listed firms will be provided with written questions from the Evaluation
Team. The Evaluation Team will conduct oral discussions with the short -listed
Firms. The Firms will then be scored by the Evaluation Team.
4.12.2. Oral discussions/interviews and/or presentations are exempt from Public
Meeting requirements (Section 286.011, Florida Statutes). Oral
discussions/interviews will provide an opportunity for the Firm to demonstrate
their ability to use time efficiently, effectively and economically.
4.12.3. The City’s Procurement Department will establish the schedule, and Proposers
will be notified within a reasonable time period (generally 7 -calendar days)
in advance of the date, time and place of the discussion. The time frame for
oral discussions/interviews with each firm will not exceed 45 minutes. The
specific format of each discussion will be provided to Proposers with the
notifications.
4.12.4. Scoring for this phase will not be combined with the previous phase.
Scoring for the oral discussions/interviews will be based on the following
Evaluation Criteria, using the same adjective-based scoring as described
previously in this section:
Evaluation Criteria Total Possible
Points
Firm Staff information presented in the oral discussions
response to questions related to Firm Staff, if any 35
Firm Experience information presented in the oral
discussions, and response to questions related to Firm
Experience, if any
40
Firm Approach/Capabilities information presented in the
oral discussions, and response to questions related to Firm
Approach/Capabilities, if any
25
4.12.5. The Evaluation Team will complete its final scores for oral/discussions
presentations for short-listed firms.
4.12.6. Final Evaluation Team scores will be completed by the Chairman
(Procurement/Contracts Manager). The Procurement/Contracts Manager
reserves the right to request additional analysis/review by the Evaluation Team
if he/she deems additional evaluation is warranted.
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4.12.7. The Procurement/Contracts Manager shall review the ranking, and post a Notice
of Intended Decision. The recommendation will then be sent to the City Manager
for placement on the Council Agenda to request City Council permission to
award contracts with the selected proposer(s).
4.12.8. The successful proposer(s) will be required to enter into an Agreement with the
City of Sebastian; a DRAFT of that agreement is attached.
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SECTION 5
REQUIRED FORMS
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CONTACT INFORMATION SHEET
DUE DATE: April 18, 2024
TIME: 2:00 PM LOCALTIME
Check Addenda for any revised opening
dates before submitting your RFP. RFPs
received, after the date and time
stated above will not be opened.
RFP NO.:
24-07-RFP
RELEASE
DATE:
March 22, 2024
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
RFP TITLE: Disaster Recovery Debris Removal
Proposers Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this RFP
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this RFP on
behalf of the Proposer named above and that the Proposer is ready, willing, and able to perform if
awarded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to
furnish the goods and /or se rvices specified in the RFP at the prices or rates in my RFP and prices will
remain valid for a period of ninety (90) days in order to allow the City adequate time to evaluate the RFP.
__________________________________________________________________ Signature of Authorized Representative (Manual)
__________________________________________________________________ Name of Authorized Representative (Typed or Printed)
__________________________________________________________________ Title The City reserves the right to reject any and all RFPs, or to accept any RFP or portion thereof deemed to
be in the best interest of the City, and to waive any non -substantial irregularities.
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and
of all pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives,
employees or parties in interest including this affiant, has in any way, colluded,
conspired, or agreed, directly or indirectly, with any other bidder, firm or per son, to
submit a collusive or sham bid in connection with the Agreement for which the attached
bid has been submitted or to refrain from proposing in connection with such Agreement,
or has in any manner, directly or indirectly, sought by Agreement or collusion or
communication or conference with any other bidder, firm or person to fix the price or
prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost
element of the bid price or the bid price of any other bidder, o r to secure through any
collusion, conspiracy, connivance or unlawful Agreement any advantage against the City
of Sebastian, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by
any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me, by means of ___ physical presence or
___ online notarization, this _______ day of _______________, _______ (year) by
_____________________________, who is personally known to me or who has produced
_______________________________ as identification and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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DRUG FREE WORKPLACE PROGRAM
In accordance with Section 287.087, Florida State Statutes, preference shall be given to
businesses drug-free workplace programs. Whenever two or more proposals that are equal
with respect quality, and service, are received by the State or any political subdivision for the
procurement commodities or contractual services, a proposal received from a business that
certifies that completed a drug -free workplace program shall be given preference in the award
process. Procedure for processing tie proposals will be followed if none of the tied vendors
have a drug workplace program. In order to have a drug -free workplace program, a business
shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibitions.
2) Inform employees about the dangers of drug abuse in the workplace the business policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that be impos ed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that
are under Proposal a copy of the statement.
4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under Proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any violation of Flori da Statutes or of
any controlled substance law(s) of the United States or any state five (5) days after such
conviction or plea.
5) Impose sanctions on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, any employee
who is so convicted.
6) Make a good-faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
_________________________________________
Authorized Signature
_________________________________________
Company
_________________________________________
Date
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PROPOSER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
STANDARD INSURANCE REQUIREMENTS
Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a
minimum mandatory condition precedent to this work, procure and maintain insurance of the
types and to the limits specified below, at their own expense and without cost to the City, until
final acceptance by the City of all products or services covered by the purchase order or
contract. The policy limits required are to be considered minimum amounts:
The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street,
Sebastian, FL 32958 and should reference the operation.
Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at
least 30 days advance written notice shall be given to the City of Sebastian.
Minimum coverage with limits and provisions are as follows:
1) Commercial General Liability: The Successful Proposer shall provide minimum limits of
$1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for
bodily injury and property damage liability. This shall include premises/operations,
personal & advertising injury, products, completed operations, contractual liability,
specifically confirming and insuring the indemnification and hold harmless clause of the
contract. This policy of insurance shall be considered primary to and not contributing
with any insurance maintained by the City and shall name the City as an additional
insured with waiver of subrogation noted on the Certificate of Liability. The policy of
insurance shall be written on an “occurrence” form.
2) Business Automobile: Successful Proposer shall provide minimum limits of liability of
$1,000,000.00 each accident, combined single limit for bodily injury and property
damage. This shall include coverage for:
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
3) Umbrella/ Excess Liability: Successful Proposer shall provide umbrella/excess coverage
with limits of no less than $1,000,000.00 excess of Commercial General Liability,
Automobile Liability and Employers Liability. *This coverage is optio nal if Successful
Proposer has $2,000,000 General Aggregate under the Commercial General Liability
Policy. **
4) Workers' Compensation: The Successful Proposer shall provide and maintain workers’
compensation insurance for all employees in the full amount r equired by statute and full
compliance with the applicable laws of the State of Florida (Florida Statutes Chapter
440). Exemption certificates to this requirement are not acceptable.
5) Pollution Liability: Successful Proposer shall provide and maintain pollution liability
Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury,
property damage and environmental damage resulting from sudden accidental and
gradual pollution and related cleanup costs incurred by Contractor, a ll arising out of the
Goods delivered or Services (including transportation risk) performed un der this
Contract is required. Combined single limit per occurrence shall not be less than
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Page 54 of 65
$1,000,000 (one million dollars). Annual aggregate limit shall not be less than
$1,000,000 (one million dollars).
An endorsement to the Commercial General Liability or Automobile Liability policy,
covering Contractor’s or subcontractor’ liability for bodily injury, property damage and
environmental damage resulting from sudden accidental and gradual pollution and
related clean-up cost incurred by the Contractor that arise from the Goods delivered or
Services (including transportation risk) performed by Contractor under this Contract is
also acceptable.
Successful Proposer shall further ensure that all of its sub -contractors maintain appropriate
levels of workers’ compensation insurance.
Other Insurance Provisions: The City is to be specifically included on all certificates of
insurance as a named additional insured (with exception to Workers Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. All
certificates must be received prior to commencement of service/work. In the event the insurance
coverage expires prior to the completion of this contract, a renewal certificate shall be issued
thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day
notification clause in the event of cancellation or modification to the policy.
Deductible Clause – Successful Proposer to declare self -insured retention or deductible
amounts.
All insurance carriers shall be rated (A) or better by the most recently published A.M. Best
Rating Guide.
Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure
that all subcontractors comply with the same insurance requirements spell ed out above. The
City may request a copy of the insurance policy according to the nature of the project. City
reserves the right to accept or reject the insurance carrier.
_________________________________ _________________________________
Authorized Signature Company
_________________________________ _________________________________
Printed Name & Title Date
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part
3000. As such, the contractor is required to verify that none of the contractor’s principles
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 1 80.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian.
If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C
and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of
Sebastian, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180,
subpart C and 2 CFR Part 3000, subpart C while this offer is valid a nd throughout the
period of any contract that may arise from this offer. The bidder or pro poser further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
___________________________________ ____________________________________
Authorized Signature Address
___________________________________ ____________________________________
Printed Name & Title City, State, Zip Code
___________________________________ ____________________________________
Company Date
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENTS (TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and. submit Standard Form - LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all sub recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 , U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor ______________________________ certified or affirms the truthfulness and
accuracy of each statement of its certification and discl osure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this
certification and disclosure, if any.
_________________________________________
Signature of Contractor’s Authorized Official
_________________________________________
Name and Title of Contractor’s Authorized
Official
_________________________________________
Date
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Page 57 of 65
CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH
SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit have been p laced on the Scrutinized
Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or
are engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars o r more,
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit are on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in
business operations in Cuba or Syria as defined in said statute.
I understand and agree that the County may immediately terminate any contract resulting from
this solicitation upon written notice if the undersigned entity (or any of those related entities of
respondent as defined above by Florida law) are found to have submitted a false certification or
any of the following occur with respect to the company or a related entity: (i) it has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israe l, or (ii)
for any contract for goods or services of one million dollars or more, it has been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business
operations in Cuba or Syria.
_________________________________________
Authorized Signature
_________________________________________
Printed Name & Title
_________________________________________
Date
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REFERENCE LIST
Proposer’s
Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and
performance, within the last five (5) years. At least two (2) of these references should be
government entities with a minimum of 150 or more employees. The City will conduct
Reference Checks for the provided references. If the contact information is incorrect or the
reference does not respond, the proposer will lose points awarded for this criterion. Use
additional sheets as necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
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Page 59 of 65
REFERENCE LIST CONTINUED
Proposer’s
Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and
performance, within the last five (5) years. At least two (2) of these references should be
government entities with a minimum of 150 or more employees. The City will conduct
Reference Checks for the provided references. If the contact information is incorrect or the
reference does not respond, the proposer will lose points awarded for this criterion. Use
additional sheets as necessary.
Reference #4
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #5
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #6
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
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SUBCONTRACTOR LIST
Proposer’s Name: Phone #:
RFP Title:
Disaster Recovery Debris Removal
RFP #: 24-07-RFP
NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP on
this project, whether they were selected or not. If sub -contractors will not be used on this agreement,
check the box below. Form must be submitted with your RFP. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub-contractors who have
previously failed in the proper performance of an award, or failed to deliver on time contracts of a
similar nature, or who is not in a position to perform under this award. The City reserves the right to
inspect all facilities of any sub -contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed
and Percentage of Work
to be Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this
agreement.
_________________________________________
Authorized Signature
_________________________________________
Printed Name & Title
_________________________________________
Date
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ADDENDA ACKNOWLEDGEMENT
Name: Phone #:
RFP Title:
Disaster Recovery Debris Removal
RFP #:
24-07-RFP
Proposers shall indicate below all Addenda received. Acknowledgement confirms receipt and
understanding of issued Addenda. Failure to acknowledge any addenda issued may cause their bid
to be considered non-responsive.
ADDENDDUM # DATE RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Authorized Name: ________________________________ Title: ____________________
Authorized Signature:
________________________________ Date: ____________________
Disaster Recovery Debris Removal 24-07-RFP
Page 62 of 65
BONDING CAPACITY CERTIFICATION LETTER
OWNER
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8231
procurement@cityofsebastian.org
CONTRACTOR
Firm Name:
Address:
City, State, Zip Code:
Phone:
Email:
This letter serves as a certified statement of bonding capacity for the referenced Contractor. The present limits
on bonding for the referenced Contractor are as follows:
$ ......................................... Single
$ ......................................... Aggregate
Issuance and approval of any bond shall be predicated on the most current financial and job information
available to the underwriter on the fate that the bond is issued. The Surety Company hereby certifies that they
are duly authorized by certificate of authority issued by the State of Florida and they are rated as follows:
A.M. Best Rating .....................................
Financial Size Category .....................................
Notes: This is the only acceptable format for the Surety’s Bonding Capacity Certification Letter. This
statement must be notarized. Power of Attorney form must be attached.
SURETY COMPANY
Surety Company Name
Address:
City, State, Zip Code:
Authorized Signature: Date: ………. /……….
/………. Print Name:
Name of Brokerage:
Address
Phone:
Disaster Recovery Debris Removal 24-07-RFP
Page 63 of 65
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online
notarization, this _______ day of _______________, _______ (year) by _____________________________,
who is personally known to me or who has produced _______________________________ as identification
and who did (did not) take an oath.
______________________ (Signature of Notary Public)
______________________ (Name of Notary – Typed, printed or stamped)
______________________ (Notary Seal / Serial Number)
______________________ (Date)
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Attachment A
Electronic Price Sheet
The Electronic Price Sheet, Attachment A, is in Excel Format. Proposers must upload their
completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the
following worksheets:
1) Emergency Debris Removal Services Schedule of Items
a. Pricing on this worksheet is MANDATORY. These prices will be used to calculate
the RFP Cost Proposal Points.
b. This pricing is all inclusive. All rates include the costs of mobilization and
demobilization, the operator, supervision, maintenance, fuel, repairs, overhead,
profit, insurance, and any other costs associated with providing the requested
services.
2) Hourly Rates – As Needed
a. The City may authorize use of these hourly rates for emergency road clearance
and for special needs or events that will be authorized in writing.
b. These rates are for services to be performed on an as needed basis. These
hourly rates will not be paid in conjunction with any line item on the Emergency
Debris Removal Schedule of Items.
c. Pricing is not mandatory. Only provide pricing if your company can provide the
services listed.
3) Ancillary Services – As Needed
a. The City may authorize use of these hourly rates for emergency road clearance
and for special needs or events that will be authorized in writing.
b. These rates are for services to be performed on an as needed basis. These
hourly rates will not be paid in conjunction with any line item on the Emergency
Debris Removal Schedule of Items.
c. Pricing is not mandatory. Only provide pricing if your company can provide the
services listed.
The services listed below shall be provided at no additional cost:
1) Training and Assistance: Annual sessions for all key personnel and assistance in all
disaster debris recovery planning efforts as requested.
2) Preliminary Damage Assessment: Determining t he impact and magnitude of the disaster
event to help expedite any applications for federal assistance.
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3) Mobilization and Demobilization: All arrangements necessary to mobilize and demobilize
the Contractor’s labor force and equipment needed to perform the Scope of Services
contained herein shall be made by the Contractor.
4) Mobile Command Unit: Contractor shall provide use of the mobile command unit for
City’s debris recovery management personnel to serve as a Field Operations Command
Center.
5) Temporary Storage of Documents: The Contractor shall provide storage of daily
disaster- related documents and reports for protection during the disaster event.
6) Debris Planning Efforts: The Contractor shall assist in disaster debris recovery planning
efforts, as requested by the City. These planning efforts shall include, but are not limited
to, identification of adequate temporary debris shortage and reduction sites, estimation
of debris quantities, and emergency action plans for debris clearance following a
disaster event.
7) Reporting and Documentation: The Contractor shall provide and submit to the Monitor
and the City, all reports and documents as by be necessary to adequately document its
performance of this Contract, to include all requirements for documentation requested by
FEMA and/or State government for reimbursement of costs. In providing the above data ,
Contractor has taken into account all contingencies foreseeable by one with the
expertise and knowledge in disaster debris removal, including, but not limited to, the
Right-of - Entry process for debris removal from private property and the related
regulatory agencies’ requirements.