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HomeMy WebLinkAboutDisaster Debris Removal and DisposalCITY OF SEBASTIAN HOME OF PELICAN ISLAND RFP 17-03 REQUEST FOR PROPOSAL PROFESSIONAL SERVICES FOR DISASTER DEBRIS REMOVAL AND DISPOSAL City of Sebastian 1225 Main Street Sebastian, FI 32958 Date: February 2017 REQUEST FOR PROPOSALS Notice is hereby given that the City of Sebastian is requesting proposals from qualified firms for City of Sebastian RFP # 17-03 Disaster Debris Removal and Disposal Detailed specifications for the above referenced RFP are available from www.demandstar.com or by contacting the Jean Tarbell at (772) 388-8203 or Email: jtarbell@cityofsebastian.org All submittals must be received by the City of Sebastian at City Hall, 1225 Main Street, Sebastian, Florida 32958 by 2:00 p.m. Tuesday, February 28, 2017. Late submittals will not be accepted or considered. All proposals must include Public Entity Crime Form, Drug Free Workplace Form. Appropriate forms are included in the proposal package for execution and submission. The City of Sebastian reserves the right to reject any or all Proposals, waive any informality or irregularity on any proposal if considered non -substantial by the City, and/or cancel this invitation at will. Proposals received after the date and time stipulated herein will be considered late and therefore, disqualified. A mandatory pre -submittal conference shall be held at the City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958 at 2:00 PM on Monday, February 13, 2017. All prospective contractors are required to attend this mandatory conference. Questions concerning the project or proposal requirements may be addressed at this time. Parties interested in submitting a response to this request agree not to "lobby" City Council Members or any employees or agent of the City at any time during the solicitation period and selection process. Any technical questions or concerns should be emailed to Frank Watanabe, City Engineer at fwatanabe@cityofsebastian.org. All proposals will be publicly opened and read aloud at the date and time specified above at Sebastian City Hall, Second Floor Conference Room, 1225 Main Street, Sebastian, FL 32958. The City Manager reserves the right to accept or reject any and all proposals in whole or in part and to waive any technicality or irregularity. Scope of Services Background Disaster Recovery Contractors are sought to support the City of Sebastian in the management of debris resulting from but not limited to catastrophic storm events such as tornadoes and hurricanes. The Contractor shall provide all required services to clear and remove any and all "eligible" debris (See Exhibit B for definition of "eligible" debris) primarily from public right-of-way on City streets. Work will include the following: • Examine debris to determine whether or not debris is eligible • Load the debris onto certified dump trucks • Haul the debris to approved staging area, dumpsite or landfill • Process debris including sorting, grinding, mulching, or burning • Establish and operate temporary debris staging and processing sites • Provide for a temporary tower to view debris within trucks • Provide project management services • Haul and dispose of reduced debris to permitted disposal site • Respond and repair damages resulting from Contractor's work • Keep accurate records and provide copies to County if requested. • Assist the City in FEMA or FWHA reporting and reimbursement efforts Note: Contractor shall comply with all provisions contained in Appendix A. The City intends to award a contract to one Primary Contractor and one Secondary Contractor. City does not require haul trucks to have self-contained grabbing claw to pick-up debris. EXPENSES INCURRED This solicitation does not commit the City to pay any costs incurred in the preparation and submission of an offer in any form or a contract for said services. CITY PROJECT ADMINISTRATION All firms are hereby placed on notice that the City has designated the City of Sebastian City Engineer, as the Contract Administrator for this project. RESPONDENT'S RESPONSIBILITY Before submitting a proposal, each firm shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and necessary to fulfill the contract terms. Failure to make such investigations and examinations shall not relieve successful Contractor(s) from the obligations to comply, in every detail, with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract. Scope of Work COOPERATION/COORDINATION The CITY and its authorized representatives shall be permitted access at every facility or property for the inspection of all work. ♦ Work by CITY: The City hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces. ♦ Work by Other CONTRACTORS: The City hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under this contract. ♦ Coordination: CONTRACTOR shall afford CITY and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the City. COMMENCEMENT OF WORK The work shall commence Immediately upon receipt of a Notice to Proceed. A mandatory kick-off meeting will be held with the contractor to review hauling and logistic and to issue the NTP. The Contractor shall mobilize within 72 hours of receiving Notice to Proceed. PAYMENT AND PERFORMANCE BONDS Contractor shall provide the City with a Payment and Performance Bonds in the amount of $1,000,000 or 100% of the contract value, whichever is greater, within three (3) calendar days of a written Notice to Proceed (NTP) by City. Once activated, the Payment and Performance Bond shall be in force for a period of not less than one (1) year from the date of original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all subcontractors, materials and laborers. If the value of the contracted work increases, the Contractor shall be required to provide an updated Public Construction Bond in an amount equal to the new value. DEFECTIVE EQUIPMENT All equipment furnished orwork performed, when not in accordance with the intent of these Specifications, shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment. Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill its contract even though such work and equipment have been previously inspected by the CITY and accepted; it shall not obligate the CITY to sign off on final acceptance nor shall it prevent the CITY in any time subsequent from recovering damages from work actually shown to be defective within a one (1) year period after the final acceptance. If the CONTRACTOR fails to remove any defective work or equipment, the CITY shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. If the CITY deems it expedient to accept minor imperfect work, the CITY shall have the right to retain such work and an equitable deduction shall be made to the Contract price. DAMAGE TO ROADWAYS, RIGHTS-OF-WAY AND PRIVATE PROPERTY Until final acceptance of the work by the CITY, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to public or private property by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at its own expense, damages to any portion of properties before its completion and acceptance. FINAL CLEANUP Before the contract is considered complete, all rubbish and unused material due to, or connected with, the work must be removed and all premises, rights -of -ways, and lands left in a condition satisfactory to the CITY. All property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished to the satisfaction of the City. SAFETY AND PROTECTION The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers. PROTECTION OF ADJACENT PROPERTY AND UTILITIES The CONTRACTOR shall conduct its work to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The CONTRACTOR shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the CITY any breakage or damage caused by its operation. Should the CITY be required to make such repairs, the cost of such repairs shall be deducted from the contract price. CONTRACT PERIOD This Contract shall be binding on the parties for a period of twenty four (24) consecutive months from the date of execution by both parties unless terminated earlier in accordance with its terms. The City may extend the term of this Contract for up to three (3) additional terms of twenty four (24) months each on the same terms and conditions. REQUIRED NOTIFICATIONS The Contractor shall notify the City immediately of any change in CITY ownership or financial condition of the company. The City reserves the right to terminate this contract if in the City's sole judgment such changes render the Contractor unable to satisfactorily perform the scope of services sought under this contract. The Contractor shall disclose future contractual obligation within the State of Florida or throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 12 -month term based on the consumer price index (CPI). Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South. Should the CPI be discontinued or substantially modified, an alternate index shall be chosen by mutual agreement of the Contractor and the City. Prior to each 12 -month contract renewal, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of December to December. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. PAYMENT PROCEDURES Progress Payments: CITY shall make progress payments in accordance with the Contract Price on the basis of CONTRACTOR's Applications for Payment at Intervals not less than once each month during performance of the Work as provided below. 1. Ninety percent (90%) of Work completed (with the balance being retainage); and 2. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage). Final Payment: Upon final completion and acceptance of the Work, CITY shall pay the remainder of the Contract Price including any retainage as recommended by City Contract Administrator. ADMINISTRATION The City's Contract Administrator has the authority to issue Notices to Proceed for Federal and State Public Assistance categories of work. All Notices to Proceed shall include a complete and comprehensive Scope of Work. The Contractor shall not initiate work if there is not a Scope of Work provided with the Notice to Proceed. AVAILABILITY OF FUNDS This Contract is for goods and services related to disaster response and recovery operations. Activation of this Contract will occur in anticipation of Federal and State Public Assistance funding. Specific Work Tasks The qualified firm(s) will develop and present the scope of services, meeting the City needs. The work to be undertaken includes, but is not limited to the following: DEBRIS REMOVAL Emergency Roadway Clearance —Removal of debris from the primary transportation routes as directed by the City. In this role the Contractor will perform an emergency "PUSH" within the initial 70 hours after the storm event to allow emergency vehicles to traverse the roadways. The City will determine route priorities for this push operation. Additionally, in preparation for an imminent hurricane strike, contractor crews maybe asked to stage outside the strike area. In this case, contractors are to provide the emergency push into the City. The City will designate roadway priorities for this push. The Contractor will also provide the required equipment and manpower to handle the "first pass" of all City Streets as part of this contract after a storm event. The Pass operation will require the load tickets. Debris Removal from Public Property— Removal of debris from public rights-of-way will be the responsibility of the contractor. The contractor shall remove debris beyond public rights-of-way as necessary to abate imminent and/or significant threats to the public health and safety of the community. These areas may include vacant public lands, operational facilities, utility facilities and other land owned by the City. The City may require several trips through a neighborhood as debris is moved to the ROW. In this case the loads will need to be documented separately, per the instructions of the City. Debris Removal from Private Property—The City may require removal of debris beyond public rights-of-way to abate imminent and/or significant threats to the public health and safety of the community. Eligible ROW Construction and Demolition (C&D) or Municipal Solid Waste (MSW) Debris Removal- Work consists of the collection and transportation of Eligible C&D or MSW debris on the Public ROW or private property to a City approved TDSR site or City designated final disposal site. Eligible Demolition, Removal and Transportation of Structures- Work consists of the demolition of structures on public property or private property, as directed by the City, obtaining necessary permits and hauling the resulting debris to a City designated final disposal site. Removal of Eligible Hazardous Trees and Limbs - Work consists of removing Eligible hazardous trees and limbs and placing them on the safest possible location on the City ROW for collection under the terms and conditions of Element 1, Eligible ROW Vegetative Debris Removal. Eligible Household Hazardous Waste (HHW) Removal, Transport and Disposal - Work will consists of removal, transportation and disposal of Eligible household hazardous waste. Eligible Abandoned Vehicle/Vessel Removal - Work consists of removal of Eligible Abandoned Vehicles in areas identified and approved by the City and subsequently transported to a City approved staging area. White Goods—The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Eligible E -waste Item Removal — Work consists of the recovery and disposal (or recycling) of televisions, computers, computer monitors, etc. unless otherwise specified in writing by the City. Eligible Dead Animal Carcasses— Work consists of the recovery and disposal of dead animal carcasses. Hazardous Tree Stumps—The Contractor shall remove all stumps that are determined to be hazardous to public access and as directed by the City. Stumps shall be hauled to DMS where they shall be inspected and categorized by size. GPS X and Y coordinates are required for reimbursement by FEMA. Fill Dirt—The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of the City. Canals, Streams and Conservation Areas — The Contractor shall coordinate with the appropriate local, state, or federal agencies with jurisdictional authority to remove debris in natural or manmade waterways. DEBRIS PROCESSING: Temporary Debris Staging and Reduction Site (TDSRS)—The Debris Monitoring Team, as assigned by the City, will determine the minimum number of sites required for each storm event. The City will designate the TDSRS to be activated. This site will be the approved DEP Debris Management Site (DMS), which the City, has already identified, at the Sebastian Airport. Preparation, maintenance and operation of the DMS facilities are entirely the Contractor's responsibility. Preparation and maintenance of facilities shall include maintenance of the DMS approach and interior road(s) for the entire period of debris hauling, including provision of rock for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. The Contractor will be responsible for obtaining any required permits, which shall be paid at cost by the City. The City will designate property for temporary storage of debris. DMS Debris Removal Operations Plan and Environmental Protection Plan —These plans address site setup, pre-use activities, post-use activities and operational activities. The plans will also include pre and post video and other checklists to assure proper management of the site. Once the debris management site is selected for use, the CONTRACTOR will provide a Site Management Plan. Three (3) copies of the plan are required. The plan shall be drawn to a scale of 1" = 50' and address following functions: ♦ Access to the DMS site ♦ Site preparation -clearing, erosion control, grading and pushing piles to maintain access ♦ Traffic control procedures, if needed ♦ Safety ♦ Segregation of debris ♦ Location of ash disposal area, hazardous material containment area, contractor work area, and inspection tower ♦ Location of incineration operations, grinding operation. Burning operations will not be permitted ♦ Location of existing structures or sensitive areas requiring protection ♦ Restoration of site All debris operation shall be processed in accordance with local, State and Federal law, standards and regulations and will comply with FEMA Public Assistance program for Federal Funding. Processing shall Include, but is not limited to, reduction by grinding and/or incineration when approved by the City. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste. Generated Hazardous Waste Abatement—Abatement of hazardous waste identified by the City is to be disposed of in accordance with all applicable Federal, State, and local laws, standards and regulations. Debris Disposal — Disposal of all eligible debris, reduced debris, ash residue and other products of the debris management process is to be in accordance with all applicable Federal, State, and local laws, standards and regulations. The Contractor shall be responsible for paying all landfill tipping fees and provide all required documentation to the City needed to receive eligible reimbursement through FEMA Public Assistance Program and any State requirements for matching fund for such fees. Assist the City and Debris Monitoring Staff in the following: ♦ Monitoring multiple contractors and multiple trucks delivering materials to the DMS. ♦ Verify that each truck that delivers to the DMS matches its manifest load ticket —truck and maximum capacity will be measured, certified and then labels placed on each truck showing capacity. ♦ Make sure load is properly secured for transport. ♦ Photograph of each loaded truck bed and attach photograph to truck's manifest ticket or link with digital photographic records, as applicable. ♦ Review truck manifest and observe the truck bed to confirm that the truck was loaded to capacity or as described on manifest ticket, and completely empty on departure. ♦ Maintain manifest tickets in an organized manner for proper record review and storage. ♦ Initial load tickets before permitting truck to leave the DMS check-in area to empty its load. ♦ Document location of origin of debris. ♦ Troubleshoot questions and problems at the DMS and identify issues that could impact eligibility for cost reimbursements. ♦ Remain in contact with the central office/staging operation command center. ♦ Perform other duties as directed by City personnel, e.g. conduct final inspections and issue closeout reports. DOCUMENTATION AND RECORDS: Storm debris shall be subject to inspection by the City. Inspections will be to insure compliance with the contract and applicable local, State and Federal laws and any requirements per FEMA Public Assistance Program for Federal Funds. The Contractor will, at all times, provide the City access to all work sites and disposal areas. The Contractor and Debris Monitoring Personnel will have in place at the DMS personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the DMS. The Debris Monitoring Personnel will coordinate data collection and information management systems, including but not limited to: ♦ Truck certification and labels for all certified trucks ♦ Prepare detailed estimates and submit to FDEM, FHWA and FEMA for use in Project Worksheet preparation. ♦ Implement and maintain a disaster debris management system linking load ticket and DMS information, including reconciliation and photographic documentation processes. ♦ Provide daily, weekly or other periodic reports for City managers and the Debris Monitoring Consultant, noting work progress and efficiency, current/revised estimates, project completion and other schedule forecasts/updates. • The Contractor shall provide all requested information to the Debris Monitoring Personnel that is necessary for proper documentation. City staff shall review all documentation prior to submittal. The Contractor will work closely with the FDEM, FEMA and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. The Debris Monitoring Consultant will coordinate this work. ♦ Discrepancies in what is required of the Contractor must immediately be brought to the attention of the Debris Management Team. Documentation and Recovery Process—The Contractor will provide the following assistance in addition to debris removal: ♦ Recovery process documentation—create recovery process documentation plan ♦ Maintain documentation of recovery process ♦ Provide written and oral status reports as requested to City Debris Monitoring Personnel ♦ Review documentation for accuracy and quantity ♦ Assist in preparation of claim documentation. DMS Site Reclamation — Site reclamation shall be accomplished in accordance with all Federal, State and local laws, standards and regulations. Site reclamation shall be accomplished in accordance with the Contractor's Debris Removal Operations Plan and Environmental Protection Plan, as approved by the City. Working Hours— All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only unless otherwise authorized by the City. Hauling of eligible debris to the DMS will be allowed during visible daylight hours only between dawn and dusk unless otherwise authorized by the City. The Contractor may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the DMS, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the Contractor deems it necessary to meet the work demand, subject to City approval. The City approval shall consider safety and impacts to surrounding land uses such as occupied residential areas. The Contractor shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). Priority of Work Areas —The City will establish and approve all areas that the Contractor will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The Contractor shall remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the City. Fill dirt, re -vegetation and grading may be required to achieve the desired condition. Safety—The Contractor shall have at least one Safety Officer on duty at all times during the active operation of any hauling or grinding. The safety officer shall be familiar with and properly trained to perform the assigned Safety Officer duties. Training shall include, but not limited to certification in the Florida Department of Transportation Maintenance of Traffic (FOOT MOT) standards. All work zones shall conform to FOOT MOT Standards and all work sites/conditions shall conform to all applicable Federal, State and local safety standards. In addition, Contractor shall ensure that all subcontractors receive appropriate safety training. Appendix A —Additional Provisions A. The Contractor shall collect, remove, transport, and process disaster debris to the Indian River County Solid Waste Landfill at 1325 74th Avenue S.W., Vero Beach, Florida 32968 or other Facilities or properties as specified by Indian River County, or the City. B. Collection of debris shall include identification, assessment and removal of hazardous materials, hazardous wastes, bio -hazardous wastes, dead animals, and hazardous stumps. C. Collection and removal of debris shall include clearing limits of right-of-way. Trees located on private property that have fallen into the right-of-way shall be cut off at the right-of-way line and removed. D. Eligibility of stumps and hanging limbs must be determined on a case-by-case basis by a FEMA inspector E. Trees and limbs in contact or close proximity to Utility lines shall be removed with the Utility Company authorization. F. Processing of debris shall include the establishment and operation of multiple temporary debris -staging areas/processing-sites throughout the City where collected debris may be sorted, recycled, ground, mulched, burned, or otherwise segregated for transport and disposal to the Indian River County Solid Waste Landfill or other approved disposal facilities. G. Eligibility of debris is determined by FEMA. Contractors do not have the authority to make eligibility determinations. Generally, disaster -related debris located on public property and in public rights-of-way Is eligible for FEMA reimbursement. Eligible disaster debris may include downed trees, vegetation and other woody debris; sand, silt, mud and gravel; building wreckage; and vehicles in the right-of-way. H. Debris on private property generally is not eligible for FEMA funding, but disaster -damaged personal property may be moved to the curbside to be picked up by an eligible Applicant. Debris from a commercial business or resulting from work performed by a private contractor is not eligible. I Disposal of debris shall include any reduction, separation, or other processing of material needed for the further removal and disposal of debris. Contractor will recycle the resulting mulch at a City approved disposal site. J The maintenance of traffic for this contract shall be in accordance with the applicable FDOT Standard Index numbers (600 Series) and the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices and shall be followed in application, installation, maintenance and removal of all traffic control devices, warning signs, devices, and barriers necessary to protect the public and workmen on roads, and rights-of-way in the City of Sebastian. Pedestrian and vehicular traffic shall be maintained and protected at all times. K The Contractor shall ensure that all vehicles, trucks, equipment, and trailers operating on City roadways and rights-of-way are in compliance with all Federal, State, and local rules, laws, and regulations. All vehicles, equipment, trucks, and trailers shall be properly licensed, insured, and equipped with lights, back-up alarms, horns, and any other safety equipment mandated by Federal, State, and local rules, laws, and regulations. Vehicles without proper safety equipment shall not be utilized. L The Contractor shall supply pre -numbered 5 part Debris Load Tickets to the City for the entire project. Each ticket will contain the following information: • Ticket Number • Contractor Name • Truck Number • Loading Location • Field Inspector/Monitor Name • Measured Truck Capacity • Date • Site Departure Time • Dump Site Location • Dump Site Arrival Time • Debris Classification (Vegetative, C&D, Mixed) • Estimated % Full and Debris Quantity M The Contractor shall notify the City at least 3 days in advance of any unusual "ramping up" of work forces needed to provide the debris hauling operation. M No homemade trailers with plywood extensions will be permitted. Trailers towed behind trucks must be able to mechanically dump on their own with no assistance from equipment at the dumping site. 10 O The Contractor shall only utilize mechanical loading equipment, such as: front loaders or skid -steer for loading debris. Hand loading will be prohibited. P All transport hauling equipment shall be single axle, tandem wheel, or semi -trailer trucks that are designed by the manufacturer forthe intended purpose. No plywood extended sides will be permitted. Steel side extensions that have steel reinforced vertical supports are allowed. Q All transport hauling equipment shall be equipped with tailgates that extend upward minimally to the height of the sides of the box. All trucks will have the company name and phone number on both sides of the vehicle doors. R All loaded trucks and trailers shall be tarped or covered during transport, in accordance with Florida law and local codes. S The Contractor shall meet minimum production demands established by the City and begin debris removal phasing (C & D removal and mulch reduction and hauling) within three days of the City request. T All collection activities shall be directed in a logical, sequential manner, approved by the City, with no materials skipped over or left behind. U The Contractor shall assure that all subcontractors have English speaking supervisors or representatives available in the field at all times during the contract period. V The Contractor shall repair immediately upon request any damage caused by the debris removal operation that is deemed a public safety issue, including, but not limited to, asphalt, sidewalks, culvert pipes, swales, driveways, and/or any public or private property. W If it is determined to be in the best interest of the City to use City owned properties for the debris - staging areas/processing-sites, the Contractor shall credit the City $1.00 per cubic yard for the total cubic yards collected for the use of the property. X The Contractor shall provide the following facilities at each debris -staging area/processing-site, regardless of who provides the site (Contractor or City): 1. Each processing site shall have a roofed inspection tower erected upon it sufficient to support a minimum of three inspectors, and built to a height to allow a clear view down into a loaded truck. Mechanical lifts are discouraged. 2. Each processing site shall have a temporary roofed shelter or canopy erected for the comfort of support staff and personnel from weather conditions. 3. Each processing site shall have at least two portable sanitary units (porta-potties) that are clean and regularly maintained throughout the contract period. The Contractor shall keep an adequate supply of toilet paper in each unit. 4. The Contractor shall provide stabilized ingress and egress to each debris -processing site and shall maintain such access throughout the contract period. 11 y All loads brought to a temporary debris -processing site shall be inspected and recorded by the Contractor and the City. z The Contractor shall reclaim the site upon completion of the processing activities to include at a minimum removal of all equipment and debris, grading of the site to historical condition, and seeding and mulching of the exposed areas. Compliance of Federal, State, and Local Laws, Rules, and Regulations All processing activities shall be conducted in compliance with all federal, state, and local laws, rules, and regulations. i) The Contractor shall be responsible for obtaining and paying for all permits needed to construct, operate, maintain, close, and reclaim the debris processing sites. ii) The Contractor shall be responsible for any environmental sampling required at the debris staging area. Normally areas used to stage vegetative debris do not require any environmental sampling. Areas used to stage mixed debris, or ash from burning mixed debris, will normally require environmental sampling to close the site after the debris or ash is removed. It would also be advisable to sample the area prior to staging any mixed debris to identify any existing contamination at the site. iii) The Contractor shall maintain the site in accordance with all local, state, and federal laws, rules, and regulations including at a minimum erosion control, storm water management, and fire control. IV) The Contractor shall not be responsible for C&D disposal fees at the County landfill. V) The Contractor shall provide and pay for all the necessary labor, tools, and equipment to execute the work described in this Scope of Services. vi) The Contractor shall obtain burn authorizations when using the burning option as a reducing technique. A permit from the Florida Forest Service (FFS) is required for temporary incinerators such as portable air curtain incinerators and a permit from Florida Department of Environmental Protection (FDEP) is required for permanent incinerators such as an air curtain incinerator. Contractor Assistance and Cooperation The Contractor shall provide the City any assistance, in its capacity, to the FEMA reimbursement efforts. I) The Contractor shall provide all records, including, but not limited to, truck and trailer registrations, disposal tickets, debris -dumping site logs, area maps, and other data sufficient to provide substantiation for FEMA and State reimbursement applications. ii) The Contractor shall assist the City in responding to federal and state agencies request for additional information and/or auditing as directed by the City. 2. The Contractor shall conduct the Debris Removal and Disposal Contract in strict accordance with guidelines set forth in this contract document. 12 Submittal Requirements Submittals will be evaluated on the following criteria, which will be the basis for review of the written proposals, discussions, and interview sessions (if necessary). CITY RESERVES THE RIGHTTO EVALUATE AND AWARD ON THE BASIS OF INITIAL PROPOSALS WITHOUT INTERVIEW SESSIONS. The City reserves the right to reject any proposal if the proposal fails to satisfy the City that the proposer is qualified to carry out the obligations of the contract and to provide the services described therein. Information to Be Submitted: Submit one marked original and three (3) copies. Submittals must include and are requested to be organized as follows: TAB A - QUALIFICATIONS AND EXPERIENCE Provide an overview of Proposer's experience indicating the resources, understanding, qualifications, and background, etc. in providing the services as detailed in the Scope of Work. List in detail previous five (5) years of experience completing projects similar in the magnitude to this RFP, including the name of the project, location, type and value, and project contact information. The proposer shall include a statement that they will meet all program standards as provided for in the FEMA "Debris Management Guide" (h t ,: wwM.fema.eov/odf/Rovernment/erant/oa/demaede.odfl. Include any pertinent information needed to determine the proposers experience and ability to perform the anticipated work. The proposer shall supply sufficient documentation, such as identification of major subcontractors and equipment suppliers, that they are well versed in all aspects of FEMA documentation, reimbursement and project management as well as demolition and debris removal work. The proposal will address the proposer's ability to mobilize including what is anticipated for a maximum time to mobilize. The proposal shall include: ♦ Information on how the proposer has previously handled disposal of hazardous materials, construction debris and white goods. ♦ A write-up on how the proposer has previously managed tracking the source location, debris type, source and documentation to debris manager and FEMA. ♦ A write-up of how the proposer was previously deployed and their response times for deployment. ♦ Include a description of the resources used and available for past debris removal projects described. TAB A — REQUIRED DOCUMENTS Include the following forms. FAILURE TO PROVIDE ALL INFORMATION listed on each form may result in the rejection of your proposal, or a reduction in evaluation points. Required forms include: ♦ Qualifications Questionnaire ♦ Sworn statement on Disclosure of Relationships as per the City Code ♦ Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. ♦ Include a copy of any and all professional licenses as required to perform the services described herein. 13 TAB B — FINANCIAL INFORMATION All proposers shall supply a financial statement, preferably a certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. Y Lr ZrII 7 3r7I :[$1 /A 2 J 1.TrZTr I : [A il_-Si9: Lil11 � ♦ State your firm's plans and approach for providing the goods and services outlined in this RFP. ♦ Provide a summary regarding your firm's ability to deliver the requested services in a specific timeframe. ♦ The information presented shall be in enough detail to enable the City to ascertain the Proposer understands the effort to be accomplished and should essentially outline the steps in the total services proposed. Provide your interpretation of what is required to meet the needs of the City. The proposer will use this document, Its knowledge and experience to develop its understanding of this project. The proposer is urged to develop scenarios or examples to fully explain its position. Describe how the work will be accomplished, the quality control, and how FEMA requirements will be met. Include the operational processes for the debris reduction sites. Identify the resources you will mobilize for each scenario and state your commitment and timeframe to deploy these resources when called upon. Provide the management processes anticipated to be used. Include how the interaction may take place between you, the City, and the Debris Monitoring Personnel. Provide a matrix detailing your approach to the project and list of costs associated with personnel and equipment. TAB F—PROPOSAL PRICING FORM Method of Selection: The City shall convene a Selection Review Committee of which the responsibility shall be as follows: a. Independently evaluate each Submittal. b. Independently rank each Submittal for meeting minimum qualifications in order of preference. c. Asa "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. Each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked ft 1. 2. The rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. 3. The firm receiving the lowest average ranking (i.e. closest to d 1) shall be ranked the ri 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie the members of the Review Committee shall discuss their reasons for their Individual rankings until member or members agree to revise their rankings accordingly until tie is broken. 4. After interviews (if interviews are held), and based upon Information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. d. The City may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the City, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the City's needs and/or that award of a contract arising from this RFP would not be in the public interest. 14 e. The Committee shall forward its recommendations in accordance with the ranking to the City Council, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. f. The City Council possesses sole authority to award a contract for the services sought herein. Criteria for Award: f qr/ I41GtIC�LRiiLL9tlGl EVALUATION POINTS MAXIMUM 1. Qualifications and Experience 25 3 Financial 25 Project9,{roach and Schedule 25 4. Pro. Mncing 25 TOTAL 100 15 Qualifications Questionnaire Firm Name: Firm Address: Telephone: Fax: Contact Name: Email: Licensing and Corporate Status: a. Is Contractor License Current? b. Contractor's License No: C. Attach documentation from State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. d. If Bidder is not a licensed Contractor, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public, working with heavy equipment and removal of hazardous and bio -hazardous waste. Also, identify staff experience working with governmental entities and list those projects. 4. Number of years the firm has performed business as a Contractor in work of the type involved in this contract: S. What is firm's bonding capacity? $ (attach a letter from your bonding company stating its rating and the maximum amount in which your firm can be bonded) 6. Attach a detailed description of the Contractor's organizational structure, "chain of command" of Contractors response team and project management methods. Provide the name and address of Subcontractors and detail the intended scope of their work. 7. Attach a list of types and quantities of recovery equipment, availability of equipment, estimate of workload, and future commitments to other emergency response contracts. The Contractor must provide reasonable assurance that all equipment identified for disaster recovery will be available and are not contractually obligated to other projects. 16 8. Attach a list of all contractual obligations within Florida for similar disaster recovery services and provide reasonable assurance that such contracts will not interfere with or preclude the Contractor from responding to the County with Contractor's full force of manpower and equipment. The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. 9. Attach a mobilization plan that outlines the Contractor's mobilization procedures following a disaster event. This outline should include a breakdown of the time required to perform each mobilization task including the time required to mobilize the Contractor's forces, time to mobilize equipment, time required to mobilize subcontractors, and time to set up debris staging areas. 17 General Instructions Sealed Submittals and Envelope Markings: All proposals shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Submitter's Name and Return Address, Proposal q, Title, Date of opening, and Time of Opening. Opening Location: Submittals must be received by the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, on or before the closing hour and date listed in the Request for Proposals. Submittals received afterthe stated time and date will not be considered. Submission: Submit one marked original and three (3) copies of your proposal. All proposals must be signed with the legal Firm name by an Officer or employee having authority to bind the company or firm by his / her signature. Electronic, emailed or faxed responses will not be accepted in place of physical copies. Taxes. Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful vendor and will be filled out by the City. Indemnification: The Proposer shall defend, indemnify and hold harmless the City and its City Council, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the vendor, or its employees, agents, subcontractors, or other persons or entities performing work under the contract. Patent/Copyright Hold Harmless: The selected Proposer shall indemnify and hold harmless, and defend the City and, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys' fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Proposer while providing services under this agreement. Auditable Records: The awarded Proposer shall establish and maintain a reasonable accounting system, which enables ready identification of Proposer's cost of goods and use of funds. Such accounting system shall also include adequate records and documents tojustify all fees for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The City, the State of Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives shall have access to such books, records, subcontracts), financial operations, and documents of the Proposer or its sub -consultants as required to comply with this section for the purpose of inspection, audits, examinations, excerpts and transcriptions anytime during normal business hours at the Consultant's place of business. This right to audit shall include the Proposer's subcontractors used to procure goods or services under the contract with the City. Awarded Proposer shall ensure the City has these same rights with subcontractor(s) and suppliers. Public Access: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. 18 b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. f) IF CONTRACTOR HAS A QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8212 / E-MAIL 1WILLIAMS(d)CITYOFSEBASTIAN.ORG CITY OF SEBASTIAN,1225 MAIN STREET SEBASTIAN, FLORIDA. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Submitters are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or proposer under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime' 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, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Non -Discrimination: City will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. 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's Title VI/Nondiscrimination Coordinator through the office of the City Attorney. Compliance with Laws and Regulations: Proposer agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contract. 19 Applicable Law and Venue: This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, Including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this Order. Venue for any lawsuit brought by either party against the other party of otherwise arising out of this contract shall be in Indian River County, Florida, or in the event of Federal Jurisdiction, in the United States District Court for the Southern District of Florida. Regulations: It shall be the responsibility of the submitter to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any proposer as to the meaning of the request for proposal documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to City ten (10) or more days before the date fixed for opening of the proposals. The City shall not be responsible for oral interpretations given by any City employee. Every interpretation made to proposers will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFP documents have been Issued. All such Addenda shall become part of the RFP documents. Further, it shall be the responsibility of each proposer, prior to submitting their response, to contact the City's Purchasing Officer at (772) 388-8231 to determine if addenda were issued and to make such addenda a part of their submittal. Conflict of Interest., Any entity submitting a bid or proposal or entering into a contract with the City shall disclose any relationship that may exist between the contracting entity and a City Council or a City Employee. The relationship with a City Council or a City Employees that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a City approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Cancellation: It is the intention of City to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the City shall be reason fortermination of the award. Errors: When an error is made in the extension of generating total prices or in any other process of completing the proposal, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the proposal otherwise, will not relieve the proposer. Right to Protest: Any actual or prospective Proposer who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Officer. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts arising thereto. If the protest is not resolved by mutual agreement, the City Manager shall promptly hold a hearing and issue a decision in writing. Awards: The City reserves the right to cancel the solicitation, reject any and all proposals or waive any irregularity or technicality in submittals received. The City reserves the right to not make any award(s) under this solicitation. TrJ Termination by the City: The City reserves the right to terminate a contract by giving thirty (30) days of notice, in writing, of the intention to terminate, if at anytime the Contractor fails to abide by or fulfill any of the terms and conditions of the contract. The City also reserves the right to terminate this contract for convenience of the City and/or with or without cause. Compliance with Laws and Regulations: Submitter agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the City. Proposer's insurance shall be primary. The City shall be named as an additional insured for both General Liability and Automobile Liability. Contractor shall maintain the following limits of insurance during the term duration of this agreement. General Liability Commercial General $1,000,000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Automobile Liability Commercial Automobile $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non -Owned Automobiles C) Hired Automobiles Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The policy shall cover Contractor, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by Contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A- VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Occurrence" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the City prior to the execution of this Agreement. 21 The insurance companies selected shall send written verification to the City that they will provide 30 days written notice to the City of its intent to cancel or terminate. Contract Cost Adjustments: Prices quoted shall be firm for the initial contract term. Thereafter, any extensions which may be approved by the City shall be subject to the following: Cost for any extension terms shall be subject to an adjustment only if increase or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U. S. Dept of Labor, and shall not exceed five percent (5%). The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. Proposal security: Due to the nature of this RFP and in accordance with FEMA standards, a bid bond is not necessary. Payment and Performance Bonds: The Contractor shall furnish to the City, within three (3) calendar days of a written Notice to Proceed by City, Payment and Performance Bonds in an amount equal to the value established within an issued Work Order or Work Authorization, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all subcontractors, materials and laborers. If the value of the contracted work increases, the Contractor shall be required to provide an updated Performance and Payment Bond in an amount equal to the new value. Once activated, the Payment and Performance Bonds shall be in force for a period of not less than one (1) year from the date of original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all subcontractors, materials and laborers. Retention of All Records: The Contractor is required to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the City, State of Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims. Clean Air Ad: The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 4 7401 et seq. The contractor agrees to report each violation to the City and understands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida Department of Emergency Management, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, 22 report each violation as required to assure notification to the State of Florida Department of Emergency Management, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Energy Policy and Conservation Act: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Suspension and Debarment: This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart Cand must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 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. Hold Harmless: For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees In the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. Public Records Form Contract Name: RFP 17-03 Reauest for Pr000sal Project Description: Professional Services For Disaster Debris Removal and Disoosal In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and 23 C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Date: Print Title: Company/firm: City reserves the right to acceptor reject any or all proposals in whole or in part and waive all any technicality or irregularity. 24 Proposal Pricing Form The undersigned, as PROPOSER, declares that he/she has reviewed the RFP specifications for the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions furnished prior to the opening of responses; that he/she has satisfied himself/herself relative to the work to be performed. The following addenda have been received and are hereby acknowledged: Addendum Number Date Addendum Number Date The PROPOSER proposes and agrees, if this Bid is accepted, to enter into an agreement for the work as follows: Category Description Unit Cost Per Unit 0-15 Miles Veg from Right of Way (ROW) to Debris Management Site (DMS) CY $ m 2 v 16-30 Miles Veg from ROW to DMS CY $ M`m 31-60 Miles Veg from ROW to DMS CY $ j u >60 Miles Veg from ROW to DMS CY $ o � Single Price Veg from ROW to DMS CY $ jl Grinding/chipping vegetative debris CY $ E? Air Curtain Burning vegetative debris CY $ u Open Burning vegetative debris CY $ c Compacting vegetative debris CY $ m Debris Preparation, management, and segregation at debris management site CY $ 0-15 Miles C&D from Right of Way (ROW) to Debris Management Site (DMS) CY $ — 16-30 Miles C&D from ROW to DMS CY $ 'm 31-60 Miles C&D from ROW to DMS cY $ o Miles C&D from ROW to DMS CY Sin ;; � Single Price C&D from ROW to DMS CY $ 0-15 Miles from DMS to Final Disposal CY $ 16-30 Miles from DMS to Final Disposal CY $ — 31-60 Miles from DMS to Final Disposal CY $ n >60 Miles from DMS to Final Disposal CY $ Single Price from DMS to Final Disposal CY $ m 5 Tipping Fees (Vegetative) Pass through amount [Line Item Deleted by LL Addendum #4] Tipping Fees (Mix) Pass through amount [Line Item Deleted by Addendum #4] Tipping Fees (C&D) Pass through amount [Line Item Deleted by Addendum #4] 25 Firm: Category Description Remove Hazardous Trees 6"-12" trunk Remove Hazardous Trees 13"-24" trunk Remove Hazardous Trees 25"-36" trunk 0 Remove Hazardous Trees 37"-48" trunk a Remove Hazardous Trees> 48" trunk o Remove Trees with Hazardous Limbs >2" from tree a r Remove Hazardous Sumps 24"-36" diameter Remove Hazardous Sumps 37"-48" diameter Remove Hazardous Sumps >49" diameter Fill dirt for stump holes after removal Debris Removal from canals, rivers, creeks, streams, and ditches Pick up, screen, and return debris laden sand/mud/dirt/rock Removal of eligible vehicles Removal of eligible vessel from land Removal of eligible vessel from waterway Carcass and Putrescent Removal (animals and organic fleshy matter) White Goods from Row to Disposal Freon Management and Recycling Demolition of Private Structure Ewaste containing hazardous. materials (CRT, computers, monitors and Ns) Silt Removal Biowaste HHW Unit I Cost Per Unit Tree $ Tree $ Tree $ Tree $ Tree $ Tree $ Stump $ Stump $ 1 Stump $ 1 CY $ 1 CY $ 1 CY $ 1 EA $ 1 LF $ 1 LF $ 1 LB $ 1 EA $ 1 EA $ 1 CY $ 1 EA $ 1 CY $ 1 LB $ 1 LB $ C Beach/Lake Restoration (Berm/Beach Construction) CY 0 Canal Shoreline Restoration CY 25 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Name of Firm Address Authorized Signature City, State, Zip Code Title Phone Date Signed E-mail 26 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, 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 Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Signature: 27 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUJ1, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 0 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that 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, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt ora 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. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: (1) A predecessor or successor of a person convicted of a public entity crime; or (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. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 29 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any 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. —The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this _ day of 2017 lot (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has producec as identification and did ( ) did not ( ) take an oath. Name: My Commission Expires: Commission Number: 30