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HomeMy WebLinkAboutA - 25-10-RFP Disaster Debris Monitoring Services REQUEST FOR PROPOSAL 25-10-RFP DISASTER DEBRIS MONITORING SERVICES 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. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Thursday, February 6, 2025 - PRE-PROPOSAL MEETING Wednesday, February 19, 2025 10:00 AM Local Time QUESTIONS DUE DEADLINE Tuesday, February 25, 2025 2:00 PM Local Time PROPOSAL DUE DATE Thursday, March 6, 2025 2:00 PM Local Time EVALUATION MEETING Thursday, March 13, 2025 TBD RECOMMENDATION OF AWARD Wednesday, April 9, 2025 6:00 PM Local Time 25-10-RFP Page 2 of 59 REQUEST FOR PROPOSAL 1.1 PURPOSE 1.1.1 The City of Sebastian requests proposals from qualified firms, businesses, or individuals (“Contractor”) to provide services in the monitoring of disaster debris collection and disposal operations for natural disasters or other debris-generating events, ensuring compliance with Federal requirements and the City’s debris management plan as related to contractor oversight, truck measurements, load ticket preparation and issuing, report preparation and project administration. 1.1.2 The Contractor shall provide personnel to monitor debris loading site(s) in Sebastian, Florida, 32958, and final disposal sites at the Indian River County landfill or another designated final disposal site. 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 approaching storm, and the City will obtain the approval letters from the FDEP to open these Debris Management Site(s) (DMS) at the Sebastian Airport. 1.1.3 The Contractor shall provide all management, supervision, labor, transportation, and equipment necessary to initiate load tickets at debris loading sites, estimate the volume of debris (in cubic yards) being delivered by trucks to each disposal site, and support the operations of field supervisor(s), debris loading site and tower site monitors, and clerical staff. The Contractor’s onsite Project Manager shall assign a field supervisor who will be assigned to provide oversight of loading sites and tower/site debris monitors. 1.1.4 The City awarded RFP 24-07, Disaster Recovery Debris Removal, to CrowderGulf Joint Venture (CrowderGulf). The awarded debris monitoring firm will work closely with CrowderGulf, FEMA, or other federal/state agencies during emergencies. 1.1.5 Proposal must comply with all federal and state laws and regulations, including 2 C.F.R. 200.318 through 200.326 and Appendix II to 2 C.F.R. part 200 entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”. 1.1.5.1. This is an acknowledgment that FEMA financial assistance will be used to fund the contract. The awarded contractor must comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives. 1.1.6 QUALIFICATIONS: Firms shall have experience and be familiar with disaster debris removal eligibility criteria outlined by the Federal Highway Administration (FHWA), Federal Emergency Management Agency (FEMA), Florida Department of Emergency Management (FDEM), and other applicable local, state, and federal regulations. 25-10-RFP Page 3 of 59 1.1.7 All solicitations are posted on VendorLink (https://www.myvendorlink.com/). It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. 1.2 PRE-PROPOSAL MEETING A non-mandatory pre-proposal Meeting will be held Wednesday, February 19, 2025, at 10:00 AM local time at the City of Sebastian Public Works Compound located at 505 Airport Drive West, Sebastian, FL 32958. 1.3 QUESTION DEADLINE 1.3.1 The deadline to submit questions will be Tuesday, February 25, 2025, at 2:00 PM local time. Any questions or communication regarding this solicitation must be emailed to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. 1.3.2 The Proposer is responsible for checking for addenda associated with this solicitation. 1.4 ELECTRONIC PROPOSAL SUBMITTAL 1.4.1 All proposals must be submitted via VendorLink electronically https://www.myvendorlink.com/. 1.4.2 Proposals are due on the date and time indicated on the cover page or as amended by an addendum issued by procurement. 1.4.3 The Contractor is responsible for ensuring their response is submitted through VendorLink by the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. 1.4.4 Electronic submissions may require the uploading of attachments. All documents should be attached as separate files. Attachments containing embedded documents or proprietary file extensions are prohibited. The bidder is responsible for ensuring that its proposal, including all attachments, is uploaded successfully. 1.4.5 Late proposals cannot be submitted and will not be accepted. Proposers are cautioned to allow sufficient time to submit bids and upload attachments. Any technical issues must be submitted to VendorLink by emailing support@evendorlink.com. The City cannot assist with technical issues regarding submittals and will not be responsible for delays caused by technical or other issues. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-10-RFP Page 4 of 59 1.5 DEADLINE FOR SUBMITTAL OF PROPOSALS 1.5.1 All sealed proposals are due by Thursday, March 6, 2025, by 2:00 P.M. local time. Responses received after 2:00 p.m. on this day will be considered late & not accepted. The City does not accept responsibility for delays, natural or otherwise 1.5.2 All proposals submitted to the city become public records unless exempt under Florida or other law. 1.6 PROPOSAL OPENING 1.6.1 The proposal opening will be held virtually. Proposals will be opened at 2:05 p.m. local time. Only the NAME of the company that submitted a response to this Request for Proposal will be read aloud. 1.6.2 Meeting Information: https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea 4df Meeting ID: 136259113 Password: JhzXZgfvah Or dial: +1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824 1.6.3 All proposals submitted to the city become public records unless exempt under Florida or other law. 1.6.4 Late proposals will not be opened or announced. Proposers can pick up or pay for the mailed return of their late, unopened Proposal. If this option is not exercised within five (5) days of the Proposal Opening date, the late, unopened Proposal will be disposed 1.6.5 At its sole discretion, the City may reject any and all proposals or accept any proposal or portion thereof deemed to be whatever is in its best interest and to waive any non-substantial irregularities. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-10-RFP Page 5 of 59 LEGAL ADVERTISEMENT Indian River Press Journal Date Advertised: Thursday, February 6, 2025 CITY OF SEBASTIAN, FLORIDA NOTICE TO BIDDERS 25-10-RFP Disaster Debris Monitoring Services NOTICE IS HEREBY GIVEN that the City of Sebastian is accepting proposals for Disaster Debris Monitoring Services. The solicitation document outlining the scope of services is available from VendorLink (https://www.myvendorlink.com/external/bids). Proposals are due Thursday, March 6, 2025, 2:00 pm, Local Time. A non-mandatory pre-proposal meeting will be held on Wednesday, February 19, 2025, at 10:00 a.m. local time, in the Public Works Training Room, Public Works Compound, 505 Airport Drive W, Sebastian, FL 32958. Questions are due on Tuesday, February 25, 2025, at 2:00 pm local time. All questions shall be directed to the Procurement/Contracts Manager, Jessica Graham, CPPB, at 772-388-8231 or by email at jessgraham@cityofsebastian.org. ### 25-10-RFP Page 6 of 59 TABLE OF CONTENTS SECTION 1 – INSTRUCTIONS TO BIDDERS 1 LEGAL AD 5 TABLE OF CONTENTS 6 SECTION 2 – SCOPE OF WORK 7 SECTION 3 – EVALUATION PROCEDURE 20 SECTION 4 – SPECIAL CONDITIONS 27 SECTION 5 – GENERAL TERMS AND CONDITIONS 30 SECTION 6 – REQUIRED FORMS 46 • CONTACT INFORMATION SHEET 47 • CORPORATE RESOLUTION 48 • NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER 49 • DRUG-FREE WORKPLACE PROGRAM 50 • CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 51 • CERTIFICATION REGARDING SCRUTINIZED COMPANIES 52 • CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES AFFIDAVIT 53 • CERTIFICATION REGARDING LOBBYING 54 • REFERENCE LIST 55 • SUBCONTRACTOR LIST 56 • ADDENDA ACKNOWLEDGEMENT 57 SECTION 8 – PROPOSAL COST SHEET INSTRUCTIONS 58 ATTACHMENTS • EXHIBIT A – ELECTRONIC PRICE SHEET • EXHIBIT B – 2024 FDEP DEBRIS SITE APPROVAL • EXHIBIT C – DEBRIS REMOVAL CITY OVERVIEW AND ZONE MAP • EXHIBIT D – DEBRIS REMOVAL STAGING • EXHIBIT E – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS • EXHIBIT F – PUBLIC ASSISTANCE PROGRAM AND POLICY GUIDE • EXHIBIT G - PUBLIC ASSISTANCE DEBRIS MONITORING GUIDE 25-10-RFP Page 7 of 59 SECTION 2 – SCOPE OF WORK Agency Overview: The City of Sebastian, incorporated on December 8, 1924, is a political subdivision of the State of Florida. Sebastian is a 13.5-square-mile city with approximately 26,000 residents and 15,000 homes. It is an attractive waterfront community with a quiet, laid-back charm. 2.1 Scope of Work 2.1.1 The City of Sebastian is seeking a contractor to provide debris monitors and debris monitoring services to assist the City with overseeing the operations of disaster debris removal and disposal contractor(s). The debris monitoring services to be provided are contract compliance, supervision, inspection, and coordination of recovery activities. All debris monitoring activities are to comply with current FEMA guidance and local, state, and federal regulations. 2.2 Contractor Requirements: 2.2.1 Staffing Plan 2.2.1.1. The Contractor shall include in the response to this RFP a management plan that will outline how the Contractor proposes to handle the services, staffing, and equipment necessary to meet the City’s requirements as outlined in the Scope of Work. 2.2.1.2. The Contractor shall within 24 hours of request for services, submit a list of personnel to be used for each contracted event. The list will include names, addresses, phone numbers, cell numbers, and driver’s license numbers and job assignment areas. The Contractor shall update the list daily for any changes such as additions or deletions of staff. Any changes in key personnel such as but not limited to Project Manager and/or Field Supervisors must be approved by the City. 2.2.1.3. The staffing plan shall consist of the minimum following positions: A. On-Site Project Manager B. Debris Monitoring Field Supervisor C. Debris Loading Site Monitors D. Debris Tower/Site Monitors E. Clerical Staff/Data Entry Clerk F. Certified Maintenance of Traffic (MOT) Staff a. NOTE: All subcontractors are required to have certified maintenance of Traffic Staff as well. 25-10-RFP Page 8 of 59 2.2.1.4. The Contractor may use other positions as necessary. All such positions and applicable hourly rates shall be listed in the cost proposal form. 2.2.1.5. The Contractors hourly rate shall not include travel-related expenses, such as mileage, meal allowances, hotel rooms, and any other relevant out-of-pocket expenses. The City shall only reimburse the Contractor's actual cost for reimbursable expenses which have had prior authorization, which can include office-related expenses limited to copying and printing. These reimbursable expenses shall have no additional mark-ups. Mileage for the Project Manager and/or Field Monitors must also be listed as a separate reimbursable expense. A log of all ancillary expenses with receipts must be detailed and billed as separate line items and shall be submitted with each invoice. 2.2.2 Personnel Requirements and Responsibilities 2.2.2.1. On-Site Project Manager 2.2.2.2. Debris Monitoring Field Supervisor – The Contractor shall provide one debris monitoring field supervisor. Services shall include, but are not limited to: A. Overseeing and supervising loading site and disposal site debris monitoring activities. B. Scheduling debris monitoring resources and deployment timing – communicating and coordinating with City personnel. C. Providing suggestions to improve the efficiency of the collection and removal of debris, Coordination of daily activities and future planning. D. Contact with debris management/dispatch center or supervisor. E. Identifying, addressing and troubleshooting any questions or issues that could affect work area safety and eligibility. F. Supervising, recording/documenting, and ensuring the accurate measurement of load hauling compartments and accurately computing the volume capacity in cubic yards (CY). G. Documenting the condition of truck hauling compartment conditions by using digital photographs. H. Preparing a master log book of all hauling equipment used by the City’s debris removal contractor(s). I. Compiling, reconciling, and documenting daily, in an electronic spreadsheet, all eligible debris hauled by the debris removal contractor(s). 25-10-RFP Page 9 of 59 2.2.2.3. Debris Monitors – The contractor shall provide trained debris monitoring personnel to oversee the loading of eligible debris at collection sites and verification of load capacity and documentation at designated temporary debris management or final disposal sites. Personnel shall include, but are not limited to: 2.2.2.4. Debris Loading Site Monitors – to perform on-site, street-level debris monitoring at all contractor loading sites to verify debris eligibility based on the monitoring contract requirements and initiate debris removal documentation utilizing load tickets. Services shall include, but are not limited to: A. Monitoring collection activity of trucks. B. Check and verify information on debris removal operations. C. Issuing load tickets at the loading site for all loads. D. Monitor area for safety concerns, ensure traffic control needs are met and all vehicles and equipment are operated in a safe manner. E. Ensure all Freon containing appliance are sorted and ready for Freon removal onsite or transportation for Freon removal off-site prior to final disposal. F. Pre-work inspection of areas to identify potential issues such as covered utility meters, fire hydrants or mail boxes to mitigate damage from loading equipment. G. Document damage to utility components, driveways, road surfaces, private property, vehicles, etc., should it occur, with photographs (if possible – collect pertinent information and report to field supervisor). H. Ensure work area is clear of debris to the specified level before equipment is moved to new loading area. I. Monitor and record performance and productivity of debris removal crew. J. Contact with debris management/dispatch center or supervisor. K. Ensure only eligible debris is collected for loading and hauling. L. Ensure that only debris from approved public areas is loaded for removal. M. Ensure all loads are properly contained prior to leaving the loading area. N. Performing other duties as assigned by the Project Manager or designated debris management personnel. 25-10-RFP Page 10 of 59 2.2.2.5. Debris Tower/Site Monitors – The Contractor shall provide debris tower and site monitors to verify estimated quantities of eligible debris hauled by contractor trucks and documented on load tickets. Services shall include, but are not limited to: A. Accurately measure load hauling compartments and compute volume capacity in CY for all contractor trucks and trailers prior to commencement of hauling operations. B. Document measurements and computations – complete log of contract hauler’s cubic yardage and other record keeping as required on the load ticket. C. Initial each load ticket before admitting trucks to proceed from the check-in area to the tipping area. D. Contact with debris management/dispatch center or supervisor. E. Performing other duties as assigned by the dispatch/staging operation, Project Manager, or designated debris management personnel. 2.2.2.6. Clerical Staff/Data Entry Clerk – The contractor shall provide clerical staff/data entry clerk(s). Services shall include, but are not limited to: A. Entering load tickets information into the contractor’s information management system. B. Providing daily, weekly, or other periodic reports in an electronic format for City personnel noting work progress and efficiency, current/revised estimates, project completion, and other schedule forecasts/updates. 2.2.3 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 responsibilities for this project. 2.2.4 Debris Removal Contractor Truck Certification 2.2.4.1. The contractor will establish a team of individuals who will inspect and certify vehicles for hauling disaster-related debris in accordance with FEMA guidelines. A certificate sheet with measurements, photos, and calculations documenting the truck's capacity must be kept for load rating and ticket auditing. Summary books must be kept at the TDSRS/disposal site for quality control. 2.2.5 Public Information Support 2.2.5.1. The Contractor may be asked to assist the City with public outreach following a disaster event as it relates to debris recovery efforts. Tasks 25-10-RFP Page 11 of 59 may include assisting with press releases, public notices, and other public information functions. 2.3 Pre-Event Requirements 2.3.1 Contractor will provide assistance in preparation for disasters through participation in meetings, workshops, and the establishment of data management and other integrated systems. 2.3.2 Contractors will, at no cost to the City: 2.3.2.1. Provide City personnel with a half-day debris management training session. The training program must, at a minimum, meet the training requirements for debris monitoring as outlined by current FEMA debris management guidance. 2.3.2.2. Provide a list of key personnel and subcontractors that may be involved in the disaster debris monitoring activities to include cell phone numbers and email addresses. 2.3.2.3. Participate in annual workshops or planning meetings with City representatives and debris hauling and disposal contractor(s) to establish/review applicable policies and procedures. 2.4 Deployment 2.4.1 The 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. The contractor must be prepared to deploy debris monitoring within 24 hours of the notice to proceed. 2.4.2 When additional debris monitoring is needed to meet the requirements of the monitoring contract, the contractor shall be prepared to increase the number of debris monitors for the City to utilize as needed. 2.4.3 All payments under the contract resulting from the Request for Proposal shall be made only for services requested and approved by the City. No retainer shall be paid to keep the contract in effect. 2.4.4 The administrative process when work assignments are issued will be as follows: 2.4.4.1. City staff will meet with the Contractor to review the assignment and describe the scope of services required. 2.4.4.2. The contractor will prepare a detailed scope of services and a timetable for completing various phases. The contractor will also calculate fees 25-10-RFP Page 12 of 59 based on the approved hourly rates. These documents will be submitted to the City for review and approval. 2.4.4.3. Once the City accepts, City staff will issue a Purchase Order (or Work Request) and a Notice to Proceed. A purchase order will be issued for each work assignment to monitor and track budget and project funds. The fee computation will be considered a limiting amount and will not be exceeded without subsequent approval by the City. 2.5 Debris Processing activities include, but are not limited to: 2.5.1 Temporary Debris Staging and Reduction Site (TDSRS) 2.5.1.1. The City has two pre-approved DMS locations at the Sebastian Municipal Airport. These two sites will be activated in the event of an approaching storm, and the City will obtain the approval letters from the DEP to open these Debris Management Sites (DMS) at the Sebastian Airport. 2.5.1.2. 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. 2.5.1.3. Preparation, maintenance, and operation of the DMS facilities are entirely the Contractor's responsibility. 2.5.1.4. 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 an inspection tower or lift sufficient for a minimum of three (3) inspectors to inspect all incoming and exiting loads. The contractor will be responsible for obtaining any required permits, which shall be paid for by the City. At the City's discretion, owned rights of way or other entity- owned property could be provided to temporarily store debris. 2.5.1.5. The contractor shall coordinate the logistics of the site to ensure efficient traffic flow, including Maintenance of Traffic (MOT), and proper handling of load tickets that record FEMA data (such as, but not limited to, vehicle fullness and type of waste). Note, if this service is contracted out, the contractor must ensure their subcontractor has certified maintenance of traffic staff. 2.5.1.6. The Contractor shall observe all vehicles entering and exiting the TDSRS sites ensuring all vehicles are in good repair and safe with secure side boards. No vehicles will be allowed to enter a TDSRS site without a 25-10-RFP Page 13 of 59 tailgate. The Contractor shall provide verification that all sites have access control and security. 2.5.1.7. The Contractor, through the TDSRS site monitoring, shall monitor hauling vehicles to determine fullness, type of waste, and point of origin. This certification process may include developing certification forms and documents to accurately measure the cubic yard volume to the nearest cubic yard of each vehicle. 2.5.1.8. The City will ensure the debris removal contractor provides information on their Fleet which shall contain photographs of each vehicle, vehicle number and type of vehicle, and volume capacity calculation. The Contractor will maintain these documents throug hout the event and provide updated documents to the City, if applicable, upon project completion. The Contractor shall be required to continuously update the Collection Fleet documents as the Debris Contractor adds or deletes vehicles from the collection f leet, or when measurement calculations are modified through the random verification process. TDSR S Monitors shall perform random volume capacity collection vehicle verifications once every two (2) weeks on all vehicles. 2.5.1.9. When a TDSRS Site Monitor signs a vehicle certification or load ticket, he or she is certifying that ALL information on the document is completed and the volumes/measurements are correct. The Site Monitor should not sign or accept any partially completed information. Only 100 perc ent complete tickets will be paid by the City. Additionally, the Site Monitor shall, at a minimum, daily calibrate his or her debris removal vehicle load determinations with the FEMA tower monitors. 2.5.1.10. The Contractor shall: A. Monitor incoming debris to City’s designated TDSRS sites. B. Ensure all TDSRS site deliveries are documented with properly completed load tickets (this includes an incoming tower monitor to estimate the quantity of debris by cubic yards at the site, using City and FEMA protocols). C. Randomly measure and verify truck capacity calculations. D. Classify debris by FEMA and City protocols. E. Help direct traffic to proper locations. F. TDSRS exit tower monitor to ascertain trucks leaving site are empty. 25-10-RFP Page 14 of 59 G. Report and document trucks with unsecured loads, protruding debris or other unsafe transport or driving practices. H. Report safety or other hazard situations to the City. I. Monitoring type of waste prior to entering TDSRS sites. J. Ensure waste is placed in proper location. K. Estimate the volume of loads on percentage basis of debris collection vehicles. L. Certifying the completeness of all load tickets that enter into the TDSRS site. 2.5.2 Load Tickets 2.5.2.1. The contractor must provide load tickets acceptable to FEMA and other Federal and State reimbursement agencies to track and document the removal and management of all eligible debris. The contractor must ensure that the load tickets meet the latest requirements of FEMA and other Federal and State reimbursement agencies. The contractor must retain original tickets in hardcopy or electronically in an acceptable format on behalf of the City of Sebastian, which is submitted to the City at the end of the debris collection. Copies of completed load tickets must be retained by the hauling contractor, vehicle driver, subcontractor, and debris removal contractor throughout the collection period. 2.5.2.2. The contractor shall use load tickets that provide real-time and automated reporting for all eligible debris. The contractor shall ensure that load tickets meet the requirements of FEMA and all other Federal or State reimbursement agencies. 2.5.2.3. The contractor shall be responsible for retaining completed load tickets in a master electronic file and providing a summary spreadsheet identifying each truck and ticket. 2.5.2.4. The contractor shall document all recovery work to ensure that proper records are maintained for load tickets and recovery costs for reimbursement purposes. This shall also include any photographs, GPS locations and/or any other means of confirming debris load information for reimbursement purposes. 2.5.2.5. Contractor shall be responsible for collecting, auditing for completeness and accuracy, tabulating and operating debris disposal data and vehicle certification, project records, photos, and load manifest throughout the debris collection period to meet FEMA, Federal, State, and local reimbursement requirements, and subsequent audits. The contractor will be responsible for leading the City in the preparation of reports necessary 25-10-RFP Page 15 of 59 for reimbursement with FEMA, FWHA, State, and other applicable agencies. 2.5.2.6. Contractor shall provide daily reports throughout the disaster collection and recovery effort, including updates for the daily team briefing meetings, report on the review and validation of the DRC cubic yard/tonnage reports, the number of trucks and volumes (tonnage) of debris collected at each of the two city’s TDSRS, as well as a total daily collection and a final report following the completion of the debris recovery operation which will meet FEMA PA requirements. 2.5.2.7. The contractor shall retain all documentation, including financial and program records, to justify the charge and cost the hauler operation incurred in performing the collection work for at least three years following the final payment by the City, as required by FEMA Public Assistance reimbursement per the FEMA Public Assistance Program and Policy Guide. The City shall have access to such records and documents as required for inspection and audits. 2.5.2.8. The contractor shall assist the City in preparing reports necessary for reimbursement by FEMA, FHWA, and any other applicable Federal, State, or local agencies. 2.5.2.9. Contractor shall provide daily reports throughout the disaster event, including updates for the daily briefing meetings; reports on the review and validation of the DRC; cubic yard/tonnage reports that provide the number of trucks and volume/tonnage of debris received at each TDSRS as well as a total for all TDSRS; and a final report following completion of debris recovery operations. 2.5.2.10. Contractor shall meet and follow the debris monitoring requirements identified in the latest FEMA Public Assistance Debris Monitoring Guide dated March 2021. 2.5.2.11. The Contractor shall retain records as specified by Exhibit E. 2.5.3 Load Ticket Process 2.5.3.1. The Debris Removal Contractor shall not be permitted to unload the debris at a TDSRS/dump site without an approved Load Ticket supplied by their assigned monitor. 2.5.3.2. The Contractor shall not receive a Load Ticket for any loads not observed by a Load Site Monitor during loading without the approval of the City of Sebastian. 25-10-RFP Page 16 of 59 2.6 Documentation Management and Support activities include, but are not limited to: 2.6.1 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. 2.6.2 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. 2.7 Subcontractors 2.7.1 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. 2.7.2 The contractor shall provide the City with an updated list of all subcontractors including phone numbers of contact personnel. 2.7.3 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. 2.7.4 The City may, at its discretion, limit the number of subcontract firms’ workers under the prime or sub-prime contractor at its sole discretion to ensure safety and quality of work provided. 2.7.5 In its proposal to the City, the Contractor will provide information as to what percentage of work described herein will be subcontracted. 2.8 Post-Event Requirements 2.8.1 The Contractor will assist with load inspections for storm debris cleanup being performed by one or more debris hauling and disposal contractors or City agencies. 2.8.2 The Contractor shall supply sufficient number of trained debris monitors and trained field supervisors to accommodate the volume of debris to be removed at loading sites and debris management sites or final disposal sites. 2.8.3 The Contractor shall remove and replace employees upon notice from the City for conduct or actions not in compliance with the contract. 25-10-RFP Page 17 of 59 2.9 Contractor Minimum Qualifications 2.9.1 No contract will be awarded to any proposer who, as determined by the CITY, has an unsatisfactory performance record, inadequate experience, lack of organization, labor, and equipment to perform the required services, and is in arrears to the CITY on a debt or contract or is a defaulter on surety to the CITY or whether the proposer’s taxes or assessments are delinquent. The City has the right to disqualify any proposer who does not meet any or all qualifications necessary as determined by the City. 2.9.2 Contractor must have at least 5 years of verifiable experience performing similar projects of similar size, scope, and complexity for government (local or federal) agencies, and the Contractor must have an office within the state of Florida. 2.9.3 If the proposer’s business is located in Sebastian, FL, or Indian River County, they must provide a copy of their business tax receipt. 2.10 Insurance 2.10.1 The City of Sebastian is to be specifically included as an additional insured on all insurance certificates (except Worker's Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days before said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 2.10.2 Before starting and until acceptance of the work by the City, Awarded 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. 2.10.3 The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 2.10.4 Minimum coverage with limits and provisions are as follows: 2.10.4.1. Commercial General Liability: The contractor shall provide Commercial General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This insurance policy shall be considered primary to and not contributing to any insurance the City maintains. It shall name the City as an additional 25-10-RFP Page 18 of 59 insured with a waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. 2.10.4.2. The contractor shall obtain insurance which shall at least meet the following minimum limits: • Per Occurrence: $1,000,000 • General Aggregate: $2,000,000 2.10.4.3. Business Automobile: The contractor shall provide Business Coverage Automobile Insurance, which shall protect the contractor from claims for damage for personal injury, bodily injury including accidental death, as well as claims for property damages which may arise from operations under this contract whether such operations are by himself or by anyone directly or indirectly employed by him. Coverage shall include owned, non-owned, hired and rented vehicles. The contractor shall obtain insurance which shall at least meet the following minimum limits: • Bodily Injury and Property Damage: o Combined Single Limit (each Accident): $1,000,000.00 2.10.4.4. Workers' Compensation: The contractor 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. The Contractor shall obtain insurance which shall at least meet the following minimum limits: • State Worker’s Compensation: Statutory • Employer’s Liability: o $1,000,000.00Each Accident o $1,000,000.00 Disease, Policy Limit o $1,000,000.00 Disease, Each Employee 2.10.4.5. Umbrella/ Excess Liability: The contractor 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 the contractor has $2,000,000 General Aggregate under the Commercial General Liability Policy. * 2.10.4.6. Professional Liability Insurance or Errors and Omissions Insurance: The Successful Firm shall provide professional liability insurance or Errors 25-10-RFP Page 19 of 59 and Omissions Insurance. The deductible for each claim may not exceed $5,000.00. The contractor represents it is financially responsible for the deductible amount. The contractor shall obtain insurance which shall at least meet the following minimum limits: • Each Claim: $1,000,000.00 • Annual Aggregate: 2,000,000.00 2.10.5 An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’s 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. 2.10.6 The Contractor shall declare any self-insured retention or deductible amount over $5,000 for any policy. The City reserves the right to reject any self-insured retention or deductible over $5,000. 2.10.7 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 insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-10-RFP Page 20 of 59 SECTION 3 – EVALUATION PROCEDURE 3.1 The City intends that all responsive and responsible proposers responding to this RFP will be ranked in accordance with the criteria established in these documents. 3.2 Proposals shall include all information solicited in this RFP. Proposers will provide their best price 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 solicited. Each proposer will be ranked based on the criteria herein addressed. 3.3 The evaluation committee will not assign weights for cost. The Procurement Division will score cost based on the criteria in 3.9. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more proposer submittals may be conducted. The City may perform this request for clarification in a written format or through scheduled oral interviews. Such clarification requests will allow proposers to answer any questions the City may have about a proposer’s submittal. After written clarification is completed, the Committee members can revise their individual scores for the non-price factors. 3.4 An adjectival-based scoring system shall be applied to the qualification criteria throughout the evaluation process to evaluate the written responses and the oral discussions. A score of 0 is the least favorable, and a score of 4 is the most favorable in all sections. 3.5 Committee members will score the Proposer’s response in accordance with the following scale: Weighted Value Description 0 “Non-Responsive”: No information was provided for the specific criteria, and the proposal failed to address the requirements. No documentation was provided. 1 “Insufficient Evidence”: The proposal is lacking or inadequate in most basic requirements for the specific criteria 2 “Partial/Basic Evidence”: The proposal meets many basic requirements for the specific criteria but lacks some essential aspects. 3 “Sufficient Evidence”: The proposal adequately meets the minimum requirements of the specific criteria and is generally capable of meeting the City’s needs. 4 “High-Level Evidence”: The proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member’s score times the “weighted value” assigned to the sections listed below equals the total score for that section. (EXAMPLE: Maximum score of 4 X’s weighted value of 10 = Maximum of 40 Points). 25-10-RFP Page 21 of 59 3.6 Proposers submitting the required criteria will have their proposals evaluated by an evaluation team and scored based on proposal criteria factors, including, but not limited to, the ability of the professional personnel, past performance, willingness to meet time requirements, and recent, current, and projected workloads. 3.7 Proposal Requirements 3.7.1. Pages should be sequentially numbered at the bottom of the page. 3.7.2. Proposals should be concise and provide only the information requested. Additional data will not be considered. 3.7.3. The Proposal shall be limited to fifty (50) pages (Not including the required forms listed in Tab 1 or the Required Tabs). Any responses exceeding fifty (50) pages, not including the required forms or tabs, may be considered non-responsive and not considered for award. 3.8 Proposal Submittal Format Proposers shall include the following information in their written response document. 3.8.1. Title Page: (Non-scored) - The title page should show the request for the 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. 3.8.2. TAB 1 – Transmittal Letter: (Non-scored) 3.8.2.1. The response shall contain a cover letter by a person authorized to commit the Firm to perform the work included in the proposal. It 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 requirements of the RFP, include a statement that they are financially capable of performing the scope of work required for this project, and provide a brief discussion about the Firm’s business history in the marketplace. 3.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall list all major topics, their associated section number, and the starting page. 3.8.4. TAB 3 - Mandatory Forms: (Non-scored) 3.8.4.1. Required Forms • Contact Information Sheet • Corporate Resolution (If applicable) • Non-Collusion Affidavit Form 25-10-RFP Page 22 of 59 • Drug-Free Workplace Program • Certification Regarding Debarment and Suspension • Certification Regarding Lobbying • Certification Regarding Scrutinized Companies • Reference List • Subcontractor List • Addenda Acknowledgement 3.8.5. TAB 4 – Summary of Qualifications: (maximum 4 x 8 = maximum 32 points) 3.8.5.1. Business History – provide a brief history of the company’s background. Include, at a minimum, a general description of work performed by the company, the date the company was established, the number of years the owner has worked in this business area, and the physical location of the facility servicing this account. 3.8.5.2. 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 strategic planning and coordination for those listed as the proposed team. Limited to one page. 3.8.5.3. 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. 3.8.5.4. Provide documentation that demonstrates the firm’s knowledge of Federal, State, and local laws and regulations governing this type of work and familiarity with FEMA, NRS, FHWA, FDOT, FDEP, FFWC, and other Federal, State, and local regulatory agencies. 3.8.5.5. Describe the firm’s experience and success in filling and receiving Federal (FEMA, FHWA, etc.) and State reimbursements for disaster recovery work. 3.8.6. TAB 5 – Technical Approach: (maximum 4 x 5 = maximum 20) 3.8.6.1. Management Plan – provide a management plan for each work category describing actions for disaster-generating debris such as those found in a category three storm. At a minimum, the plan shall include: • Operational plans for monitoring debris recovery and TDSRS to ensure FEMA guidelines are met and to provide adequate fraud protection for the City. 25-10-RFP Page 23 of 59 • Procedures for documentation and verification functions. • An organizational chart noting supervisory and other key personnel, the team, and project management structure, and the ratio of supervisors to field staff. 3.8.6.2. Subcontractors - provide a subcontractor list and outline a plan for using local participation as subcontractors. Discuss including small and minority businesses. 3.8.6.3. Load Ticket – provide a sample load ticket that incorporates City’s requirements. 3.8.6.4. Invoicing/Auditing – discuss your firms ability to track and record all work for invoicing and auditing purposes. 3.8.6.5. The proposed technical approach should enable the City to assess the Proposer’s capability to perform requested services in a structured and efficient manner. 3.8.7. Tab 6 – Resources & Availability: (maximum 4 x 5 = 20 points) 3.8.7.1. Estimate of the Proposers current workload and future commitments to other disaster monitoring contracts both in man-hours per year and as a percentage of total workload for all key project personnel. 3.8.7.2. List all current contractual obligations within Florida for similar disaster monitoring services and consultant’s management and supervisory personnel assigned to or proposed for each contract. The Proposer should explain its plan for managing multiple contracts in the event of a regional or statewide disaster and the company’s ability to respond to the City with the full force of manpower committed to its proposal. 3.8.7.3. Narrative of financial capability and resources. 3.8.8. Tab 7 – Past Performance: (maximum 4 x 2 = 8 points) 3.8.8.1. Description, references and contact information for at least three (3) full-service Disaster Debris Monitoring contracts in which the Proposer, or principals assigned the project, successfully performed work as the primary contractor. Preferably, references should be United States government entities and have populations of at least 110,000 residents. 3.8.8.2. List of all government agencies in Florida for which it provided disaster debris monitoring services within the last five (5) years. Proposer should note whether it was part of a joint venture and if it was the 25-10-RFP Page 24 of 59 primary or secondary consultant. Proposer should provide the following information for each agency: government agency name; address; contact person; phone; and e-mail; contract term; performance period; cubic yards monitored during each year; and a brief description of the work completed. Using the form enclosed (page 31) or on Proposer’s form, containing the same information, provide list of references, preferable in the southeastern United States. NOTE: The City may, at its sole discretion, require a complete list of customers from proposer(s) being considered for award. At the discretion of the Evaluation Team, the Procurement Chairman may request and tabulate written references and make a 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. 3.8.8.3. List of all closed, active, and pending FEMA disputes, audits, or lawsuits, and the judgment or outcome of each, involving the corporation, partnership or individuals with more than ten percent (10%) interest that are related to the services to be provided under this RFP. 3.8.8.4. List and explanation of all unrecovered FEMA reimbursements that occurred on Disaster Debris Monitoring projects for which the Proposer served as the primary consultant. 3.8.8.5. At the discretion of the Evaluation Team, the Procurement/Contracts Manager may request and tabulate written references and make a 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 different phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process. 3.9 Cost Proposal: (maximum 4 x 5 = maximum 20 points) 3.9.1. Cost Proposals will be scored by the Procurement Division. 3.9.2. Provide cost proposal in a separate PDF labeled “25-10-RFP Cost Proposal”. 3.9.2.1. Cost Proposal (see Section 6 of this solicitation) shall be emailed to JessGraham@cityofsebastian.org. 3.9.2.2. DO NOT upload your cost proposal to VendorLink. 25-10-RFP Page 25 of 59 3.9.2.3. Failure to follow these directions may result in your proposal being marked non-responsive. 3.9.3. Calculation of points for cost will be completed as described in the following EXAMPLE. Proposal Cost Lowest Cost Proposed % of Low (Low proposal/Proposal Cost) Multiplier Total Points Assigned (% of Low * Multiplier) Company A $100,000 $100,000 100% 20 20 Company B $108,000 $100,000 92.6% 20 18.52 Company C $120,000 $100,000 83.3% 20 16.66 3.10 Selection & Award Process The Evaluation Team will evaluate each written Qualification submittal based on the criteria in the RFP. Evaluation Criteria Total Possible Points Tab #4 – Summary of Qualifications 32 Tab #5 – Technical Approach 20 Tab #6 – Resources & Availability 20 Tab #7 – Past Performance 8 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 3.11 Based on the evaluation of the written submittals and the closeness of the scores determined by said evaluation, the City may choose to conduct oral discussions/interviews with the top three or more firms to clarify the solicitation requirements, assure full understanding of and conformance to them, and clarify the firms’ qualifications. Should the Evaluation Team (E- Team) request oral discussions/interviews, the following procedures will apply. 3.12 Oral Discussions/Interviews (maximum 100 points) 3.12.1. The short-listed firms will receive written questions from the Evaluation Team. The Evaluation Team will conduct oral discussions with the short-listed Firms. The Evaluation Team will then score the Firms. 25-10-RFP Page 26 of 59 3.12.2. Oral discussions/interviews or presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). They will provide an opportunity for the Firm to demonstrate its ability to use time efficiently, effectively, and economically. 3.12.3. 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 the proposers via notifications. 3.12.4. 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 Information presented in the oral discussions related to Firm Staff. 35 Information presented in the oral discussions related to Firm Experience. 40 Information presented in the oral discussions related to Firm Approach/Capabilities. 25 3.12.5. The Evaluation Team will complete its final scores for oral/discussions presentations for short-listed firms. 3.12.6. The Chairman (Procurement/Contracts Manager) will complete the final Evaluation Team scores. The Procurement/Contracts Manager reserves the right to request additional analysis/review by the Evaluation Team if he/she deems additional evaluation warranted. 3.12.7. 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 enter negotiations and award contracts with the selected proposer(s). 25-10-RFP Page 27 of 59 SECTION 4 - SPECIAL CONDITIONS 4.1 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 presentations. The establishment, application and interpretation of the evaluation criteria above shall be solely within the discretion of the City. 4.2 LENGTH OF CONTRACT AND RENEWAL This solicitation establishes a contract for two (2) years with three (3) one-year renewal options. In the event supplied services are scheduled to end due to the expiration of the contract, the contractor, if requested by the CITY and at the mutual written agreement of both parties, will continue performing services as needed beyond the existing contract expiration date. The awarded contractor shall be compensated at the rate(s) in effect when the contract extension amendment is executed by both parties unless otherwise agreed to by the CITY. 4.3 NOTICE TO PROCEED The contractor shall not commence any work, nor enter a worksite until a written Notice to Proceed (NTP) directing the awarded proposer to proceed with the Work has been issued by the City. 4.4 PERFORMANCE AND PAYMENT BONDS 4.4.1. This is a Stand-By/Pre-Event Agreement. Upon activation of the Stand-By/Pre- Event Agreement, the City shall issue a Notice to Proceed, which will provide an estimated cost, term, and Performance and Payment Bond requirements. The City reserves the right to waive the Performance and Payment Bond requirements. Within seventy-two (72) hours of a written “Notice to Proceed” by the City, the Proposer must provide the recorded bonds to the City, if required. No commencement of work shall be authorized by the City without receipt of the Performance and Payment Bond or alternative security if required. 4.4.2. The Performance and Payment Bond shall be submitted in the form of a Payment and Performance Bond; in the amount of one hundred percent (100%) of the Notice to Proceed estimated cost, made payable to the City of Casselberry, issued by a surety firm and through a reputable and responsible surety bond agency licensed to do business in the State of Florida. 4.4.3. The Bond will guarantee the completion of the Work covered by the Contract Documents as well as the payment of all suppliers, Subcontractors, and the Contractor’s workforce. The Bond(s) shall not contain a provision allowing the 25-10-RFP Page 28 of 59 Surety(s) to cancel the Bonds prior to the full Completion of the Contract, including the option to renew years. (Sample Forms are provided for information purposes.) 4.4.4. The bond (s) shall be provided by a surety company authorized to do business in the state of Florida, and approved by the city manager and city attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashier’s check or an irrevocable letter of credit. 4.4.5. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the state of Florida. The form of the check or letter or credit must be approved by the city manager and city attorney. 4.4.6. Attorneys-in-fact who sign bonds must file with each bond a certified and effective dated copy of their power of attorney. Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended), and be authorized to transact business in the state of Florida. 4.5 STOP WORK ORDER The City may, at any time, by written notice to the contractor, stop all or any part of the work for this RFP award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order, resulting in an equitable adjustment in the delivery schedule and the price, or terminate the work in accordance with the provisions of the RFP terms and conditions. 4.6 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. 4.7 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property, or visitor property due to any negligence by the contractor, their employees, or other agents. The contractor must reasonably attempt to avoid damage to the City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage caused by the awarded contractor, their employees, or their agents. The contractor must not drive or park equipment on grass, sidewalks, or patios. If concerns are raised about excessively wet conditions in grassy areas, the contractor must contact the project manager for recommendations or workarounds before commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and cleaned to the project manager's satisfaction. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the project manager's satisfaction at no cost to the City. The 25-10-RFP Page 29 of 59 project shall not be considered complete until incurred damages, if any, have been repaired and the work site is cleaned to the project manager's satisfaction. 4.8 REMOVAL OF DEBRIS The contractor shall keep the worksite free and clear of rubbish and debris at all times during the performance of services. Any material or waste generated by the contractor or its employees, agents, and Subcontractors shall be removed and disposed of by the contractor at its expense to the satisfaction of the City. The contractor assumes all liability for accidents that may occur due to debris, equipment, tools, and worksite hazards. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-10-RFP Page 30 of 59 SECTION 5 – GENERAL TERMS AND CONDITION 5.1 DEFINITIONS 5.1.1. Request for Proposal (”RFP”): This solicitation document, including any and all addenda. 5.1.2. City: Refers to the City of Sebastian. 5.1.3. Days: Refers to calendar days, unless otherwise stated. 5.1.4. 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. 5.1.5. Contractor: Selected proposer awarded a contract to provide the goods or services to the City. 5.1.6. Proposal: Submission in response to this RFP. 5.1.7. Proposer: Contractor submitting a response to this RFP, “pre-award”. 5.1.8. Responsible Proposer: Proposer with integrity, reliability, and capability to fulfill the contract requirement stated in the RFP. 5.1.9. Responsive Proposer: Proposer whose proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. 5.1.10. Shall, Must, and Will: Interpreted as mandatory language. 5.2 EXTENSION In addition to any renewal options contained herein, the City has the right to extend any award resulting from this RFP for the period necessary to release, award, and implement a replacement agreement for the commodities or contractual services provided in this RFP. Such extension shall be based on the same prices, terms, and conditions this RFP outlines. 5.3 CANCELLATION The City reserves the right to cancel this RFP, in whole or in part, when it is in its best interest. Notice of cancellation will be posted on VendorLink. 5.4 RFP GUARANTEE RFP submittals may not be withdrawn after the due date. The proposer shall warrant that the unit prices, terms, and conditions quoted in the RFP are for a period of not less than ninety (90) days from the solicitation opening date and shall remain in effect for the contract period. 25-10-RFP Page 31 of 59 5.5 PROPOSAL SUBMISSION 5.5.1. All proposals must be submitted via VendorLink electronically https://www.myvendorlink.com/. 5.5.2. Proposals are due on the date and time indicated on the cover page or as amended by an addendum issued by procurement. 5.5.3. The Contractor is responsible for ensuring their response is submitted through VendorLink by the time and date specified in the solicitation or subsequent addenda. The City shall not be responsible for delays caused by any occurrence. 5.5.4. Electronic submissions may require the uploading of attachments. All documents should be attached as separate files. Attachments containing embedded documents or proprietary file extensions are prohibited. The bidder is responsible for ensuring that its proposal, including all attachments, is uploaded successfully. 5.5.5. Submittals sent by mail, facsimile, electronic mail, telephone, or any other means not specified herein will not be accepted. 5.5.6. Late proposals cannot be submitted and will not be accepted. Proposers are cautioned to allow sufficient time to submit bids and upload attachments. Any technical issues must be submitted to VendorLink by emailing support@evendorlink.com. The City cannot assist with technical issues regarding submittals and will not be responsible for delays caused by technical or other issues. 5.6 EXECUTION OF RFP SUBMITTAL Each RFP submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by the City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance. 5.7 INTERPRETATION OF RFP DOCUMENT No interpretation of the meaning of this RFP 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 RFP, 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 RFP title, and RFP number. Interpretation of the RFP, clarification of proposal specifications, and changes to the RFP shall be communicated by written addenda only. Only the written interpretation or correction given by the procurement manager shall be binding. Verbal responses shall be considered inadmissible in RFP protest proceedings. Proposers are advised that no other source is authorized to interpret, explain, clarify or give information regarding the RFP documents. Written addenda shall be signed by the proposer and returned with the proposal. Failure to return such addenda may constitute cause for rejection of a proposal. 25-10-RFP Page 32 of 59 5.8 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 proposers’ responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the RFP opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the proposer believes any of the information contained in his or her response is exempt from the Public Records Law, the proposer 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 SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 5.9 NON-COLLUSION By submitting a proposal, the proposer certifies that all information contained in the RFP is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this RFP 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. The proposer further certifies that the proposer has not divulged, discussed, or compared this RFP with other RFPs and has not colluded with any other proposer or parties to the RFP. Any violation of this provision will result in the cancellation or return of proposers’ materials (as applicable) and the removal of the RFP from the list(s). 5.10 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All proposers shall disclose within their RFP to the City the name of any officer, director, or agent who is also an employee of the City. Please submit to the City all information on any potential conflict of interest related to the provision of the goods or services requested in this Solicitation. The term “conflict of interest” refers to situations in which financial or other personal considerations 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 proposer permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the proposer prior to or during 25-10-RFP Page 33 of 59 performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 5.11 PROTEST PROCEDURE Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFP 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 formal written protest shall be filed no later than 10 days after the 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 value. 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 upon 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 proceedings under Chapter 120, Florida Statutes. 5.11.1. 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. 5.11.2. 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 Manager within seven (7) calendar days of receipt of the decision to award. Any appeal of the decision by the City Manager shall be heard by the City Council or other appropriate administrative or legal body. 5.11.3. 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. 5.12 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 25-10-RFP Page 34 of 59 or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving RFP protests. The No-Contact Period shall commence on the initial date of the advertisement for this RFP 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 proposer from consideration. 5.13 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 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 Contractor. 5.14 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, the 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, agreement, 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, subcontractor, or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the RFP. 5.15 CONTRACTOR’S REPRESENTATIVE The contractor must provide a point of contact for the term of this RFP 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 other 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 appropriately 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 25-10-RFP Page 35 of 59 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. 5.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK With the consent and agreement of the contractor, purchases may be made under this RFP 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. 5.17 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 RFP 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. 5.18 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 respect 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, or 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 Statutes, means: 5.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or 5.18.2. 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 those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 5.18.3. 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. 25-10-RFP Page 36 of 59 Proposer 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 proposer is unable to certify to all of the statement above, proposer shall attach an explanation to this RFP. 5.19 BANKRUPTCY / INSOLVENCY At the time of RFP submission, the contractor shall 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 bankruptcy, 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. 5.20 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this RFP 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 Proposer. 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. 5.21 RIGHT TO REJECT The City reserves the right to reject any or all RFP(s), to waive minor irregularities, and/or to accept the RFP(s), which in its sole judgment best serves the interest of the City. More than one RFP from an individual, proposer or association under same or different names, will not be considered. 5.22 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 solicitation number f) Unit price of the goods, services or property provided g) Extended total price of the goods, services or property h) Applicable discounts 25-10-RFP Page 37 of 59 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 m) All Load Tickets from the landfill and debris hauling Any invoice submitted as a result of the award of this RFP shall be itemized matching the items on the purchase order. “Lump sum” invoices shall not be submitted 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 charges 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 their proposal subject to an agreement maximum or not to exceed amount. Failure to submit invoices in the prescribed manner will delay payment. 5.23 DIRECT PURCHASES The City, as a holder of a current Consumer’s Certificate of Exemption, reserves the right to make direct purchases of any materials and/or equipment included in the project to achieve sales tax savings. The City shall coordinate such purchases with the Contractor. To the extent requested by the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that will be installed by Contractor), inspection, installation and testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, furnished and installed materials directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price (GMP). Contractor shall provide a bid that includes all costs to complete the project. 5.24 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. 25-10-RFP Page 38 of 59 5.25 PRICE ADJUSTMENTS 5.25.1. In the event of unforeseen circumstances that directly impact the goods/services provided under this bid, the City of Sebastian will consider a price adjustment request. Upon receipt of the Contractor’s written request for a price adjustment, the City may allow an escalation equal to the Southeaster Consumer Price Index as of May 1st of that current year, not to exceed 3% of that current year’s annual contract price. 5.25.2. The Contractor shall submit the price request to the Procurement Division thirty (30) calendar days before the requested effective increase date. The City may approve a price increase at its sole discretion. 5.25.3. Any purchase order issued before the approval of the price increase will not be modified. 5.25.4. The contractor shall only be entitled to an automatic increase in labor rates due to minimum wage increases if providing a request for adjustment at least 30 days before the effective change. 5.26 CHANGE ORDERS 5.26.1. Without invalidating the contract documents, and without notice to the surety, the City of Sebastian reserves the right to make increases, decreases or other changes in the character or quantity of the work under the bid and contract documents as may be considered necessary or desirable to complete the work in a manner satisfactory to the City of Sebastian. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents. 5.26.2. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in advance of the change by the designated project manager of the City. The contractor is required to provide the project manager with a detailed cost breakdown of material costs, labor costs, labor rates by trade, and work classification and overhead rates supporting the amount of the change, as well as an explanation of the cost and any revision to the Project completion time. If the contractor fails to notify the project manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgement by contractor that the proposed work will not have any scheduling consequences. Any net increase to the pricing must also be approved and documented with a revised purchase order by City. 25-10-RFP Page 39 of 59 5.27 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. 5.28 SUBCONTRACTORS AND SUPPLIERS The proposer is required to identify 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. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the RFP 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. 5.29 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. 5.30 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. 5.31 DISCRIMINATION The proposer 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, proposers, 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. 5.32 AUDIT AND INSPECTION The City or their representative reserves the right to inspect and/or audit the contractor's documents and records as they pertain to the products and services delivered under this RFP. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this RFP. 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, 25-10-RFP Page 40 of 59 payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City and the contractor. 5.33 INDEMNIFICATION The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City, and its officers and employees, from all third-party 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. 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 RFP. 5.34 CONTRACTS AND AMENDMENTS The contents of this RFP 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. 5.35 SCRUTINIZED VENDOR CERTIFICATION Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 5.35.1. Does not participate in a boycott of Israel; and 5.35.2. Is not on the Scrutinized Companies that Boycott Israel List; and 5.35.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 5.35.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5.35.5. 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 Proposer 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 Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, 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. 25-10-RFP Page 41 of 59 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 RFP 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 business 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 Proposer 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. 5.36 LICENSING, CERTIFICATION, AND REGISTRATION Contractors must show their current Business Tax Receipt (if located in the City of Sebastian, City of Vero Beach, or Indian River County), as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. All licenses shall be up to date. 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. If the proposer is a State Certified General Contractor, or a State Registered General Contractor the proposer must be registered with the City of Sebastian. 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. 5.37 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 goods 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. 5.38 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL If the Contractor considers any portion of the documents, data, or records submitted in response to this RFP to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other authority, 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 25-10-RFP Page 42 of 59 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 secret, 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. 5.39 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 Three-Hundred Dollars ($300.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the 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 any 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 proposal 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. 5.40 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. 5.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this RFP. The report may become an important part of the contractor’s history. The report and process will assist 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. 5.42 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 25-10-RFP Page 43 of 59 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. 5.43 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. 5.44 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer certifies the following: 5.44.1. 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 violations of such prohibition. 5.44.2. Employees are informed about the dangers of drug abuse in the work place, the proposers policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 5.44.3. 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. 5.44.4. The proposer 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, by any employee who is so convicted. 5.44.5. The proposer/employer makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. 5.45 DEBARMENT AND SUSPENSION 5.45.1. Proposer certifies to the best of its knowledge and belief that it and its principals: 25-10-RFP Page 44 of 59 5.45.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 5.45.3. 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; 5.45.4. 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 5.45.5. 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. 5.45.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). 5.46 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. 5.47 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 RFP, nor will any part 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 possess or assert any lien or other right against such data. 5.48 DATA TRANSMISSION The contractor agrees that any transmission or exchange of system application data with the City or any other parties shall take place via secure means using current industry approved encryption standards. 5.49 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 25-10-RFP Page 45 of 59 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. 5.50 COPYRIGHTS The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared for the City which is eligible for copyright protection in the United States or elsewhere shall be work made for hire as a commissioned work. If any such work is deemed for any reason not to be work made for hire, Consultant assigns all right, title and interest in the copyright in such work, included but not limited to copyrights in text, two- dimensional and three-dimensional representations or animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance reasonably requested by the City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at the City’s expense but without additional compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under Federal, State or International law, relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use of subsequent modification. 5.51 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 pl ace 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 RFP document as its place for receiving notice, and the City designates the following address for such notice: The City of Sebastian Attention: Procurement/Contracts Manager 1225 Main Street, Sebastian, FL 32958 Telephone: 772-388-8231 Email: jessgraham@cityofsebastian.org. 25-10-RFP Page 46 of 59 SECTION 6 REQUIRED FORMS 25-10-RFP Page 47 of 59 CONTACT INFORMATION SHEET DUE DATE: March 6, 2025 Proposals due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check the Addenda for any revised opening dates before submitting your bid. Proposal(s) received after the date and time stated above will not be opened. CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org RFP TITLE: Disaster Debris Monitoring Services RFP NO.: #25-10-RFP Proposer 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 the Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid 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 a nd /or services specified in the RFP at the prices or rates in my proposal and prices will remain for a period of ninety (90) days to allow the City adequate time to evaluate the proposal. __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) ___________________________________________ ________________ Title Date Each proposal submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a corporate resolution is not provided for the bid submittal, the bid submittal shall be marked non-responsive. Failure to complete and submit this form with your bid package may result in the rejection of your bid The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best interest and waive any non-substantial irregularities. 25-10-RFP Page 48 of 59 CORPORATE RESOLUTION I, ______________________________, Board President of ______________________________, a corporation organized and existing under the laws of the State of _____________________, hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on _____________________, 202__, at which a quorum was present and acting throughout, the foll owing resolutions were adopted and are now in full force and effect: RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation bids and agreements, of which bids and agreements include a hold harmless and indemnification clause. I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME OFFICIAL SIGNATURE IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this _____ day of ____________, 2025. Board President Signature: __________________________________________________ STATE OF _________________ COUNTY OF _________________ 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) Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 49 of 59 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 person, 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, or to secure through an 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 _________________ COUNTY OF _________________ 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) Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 50 of 59 DRUG FREE WORKPLACE PROGRAM In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free 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 prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by 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 such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. Authorized Signature Company Date Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 51 of 59 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 § 180.935). 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 and throughout the period of any contract that may arise from this offer. The bidder or proposer 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid . 25-10-RFP Page 52 of 59 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 placed 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 or 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 Israel, 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid . 25-10-RFP Page 53 of 59 CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”) is required by Section 287.138, Florida Statutes (“F.S.”), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response, or otherwise entering into a contract with the City. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to the County. ___________________________________________does not meet any of the criteria set forth Bidder's/Proposer's Legal Company Name in Paragraphs 2 (a) – (c) of Section 287.138, FS. Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Print Name of Bidder's/Proposer's Authorized Representative: ____________________________ Title of Bidder's/Proposer's Authorized Representative: ____________________________ Signature of Bidder's/Proposer's Authorized Representative: ____________________________ Date: ________________________ Failure to complete and submit this form with your bid package may result in the rejection of your bid . 25-10-RFP Page 54 of 59 APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000.00) The undersigned 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 section 1352, Title 31, U.S.C. 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, ____________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date Failure to complete and submit this form with your bid package may result in the rejection of your bid . 25-10-RFP Page 55 of 59 REFERENCE LIST Proposer’s Name: List at least 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 at least 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: Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 56 of 59 SUBCONTRACTOR LIST Proposer’s Name: Phone #: RFP Title: RFP #: NOTE: List all sub-contractors and the percentages of work to be performed on this project, If sub - contractors will not be used on this agreement, check the box below. Form must be submitted with your bid. 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 a ward. 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 Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 57 of 59 ADDENDA ACKNOWLEDGEMENT Proposer’s Name: Phone #: RFP Title: RFP #: Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding of the issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be considered non-responsive. To verify the number of addenda (if any), a bidder may contact the Procurement Division at (772) 388-8231. ADDENDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: Failure to complete and submit this form with your bid package may result in the rejection of your bid. 25-10-RFP Page 58 of 59 SECTION 6 – PROPOSAL PRICE FORM 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) Year 1 & 2 - Schedule of Positions Debris Monitoring Services a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. c. The Total Proposal Price on this spreadsheet will be used to calculate the RFP Cost Proposal Points. d. The rates listed on this spreadsheet will be the contracted rates for Years 1 and 2 of the contract. 2) Year 3 - Schedule of Positions Debris Monitoring Services a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. c. c. If the agreement is renewed for year 3, the hourly rates on this spreadsheet will be contract rates unless the City approves an alteration. 3) Year 4 - Schedule of Positions Debris Monitoring Services a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. c. c. If the agreement is renewed for year 4, the hourly rates on this spreadsheet will be contract rates unless the City approves an alteration. 4) Year 5 - Schedule of Positions Debris Monitoring Services a. Pricing on this worksheet is MANDATORY. b. This pricing is all-inclusive. All rates include mobilization and demobilization costs, the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with providing the requested services. c. If the agreement is renewed for year 5, the hourly rates on this spreadsheet will be contract rates unless the City approves an alteration. 25-10-RFP Page 59 of 59 The Proposal Prices shall remain good for ninety (90) days after the due date of this RFP. By signing below, the Proposer certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the RFP documents. By affixing their signature to the Price Proposal Form, the Proposer hereby states that they have read all proposal specifications, terms and conditions outlined in the Request for Proposal and agree to such. Proposer declares that the individual signing this Price Proposal Form has the legal capacity to sign on behalf of Proposer and to contractually obligate Proposer. Furthermore, Proposer hereby agrees to provide the Services described in the Request for Proposal for the unit or lump sum prices as noted below, which includes all supervision, labor, materials, equipment, supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit, applicable taxes and costs of all kinds necessary to complete the Services. Proposer Name: Signature: Date: Print Name: Title: Failure to complete and submit this form with your bid package may result in the rejection of your bid.