Loading...
HomeMy WebLinkAbout03-08-2023 CC Agendaon OF SEBA9.rLA.N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH S, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. INVOCATION -- Reverend Grant Foster, Riverside Church Assembly of God 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff No public input or actions under this heading. A. Proclamation — Irish American Heritage Month — March 2023 Jim Sullivan, Ancient Order of Hibernians Immediate Past President, and Louise Sullivan, Florida State Ladies Ancient Order of Hibernian President B. Proclamation — Celebrating the Older American Act Nutrition Program — March 2023 Ben Earman, Senior Resource Association, Inc. Community Relations Manager, and Louise Batista, Executive Assistant BriefAnnouncements: Saturday & Sunday, March 11 do 12 - Craft Club of Sebastian Show at Riverview Park — 10am — 3pm River Days & Craft Brew Hullabaloo at Riverview Park Friday, March 17 from 3pm -- 8pm Saturday, March 18 from 10am -- 8pm Sunday, March 19. from 10am — Spm 1 of 302 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 6-20 A. Approval of Minutes — Regular Meeting — February 8, 2023 pg 21 B. Approve the Use of the Council Chambers with No Fee for the Florida Fish and Wildlife Conservation Commission (FWC) to Conduct a Public Discussion on Snook Management and Regulations on March 23, 2023 from 4:00pm to 8:30pm (Transmittal) pgs 22-48 C. Approve the Piggyback Purchase of One 2023 Brush Truck from Cumberland International Under the Florida Sheriff's Association Contract FSA22-VEH2O in the Amount of $121,543 for the Roads Division (Transmittal, Quote, ITB, Summary) pgs 49-64 D. Approve the Piggyback Purchase of One 2023 AxionLift Bucket Truck from Bartow Ford Under the Charlotte County Contract #2021000541 in the Amount of $158,219 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2)) pgs 65-85 E. Approve the Piggyback Purchase of One 2023 Freightliner Dump Truck from Under the Florida Sheriff's Association Contract FSA22-VEH2O in the Amount of $184,500 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2), Summary) pgs 86-92 F. Approve the One Year Extension of the Piggyback Broward College Contract #RFP-2018-167-EH Authorizing Shenandoah Construction to Clean, Repair, Maintain, Televise and Install Stormwater Pipes at the Revised Pricing (Transmittal, Notice, Contract Docs, Agreement) pgs 93-95 G. Approve Alcoholic Beverages for the Bergstrom Family Event at the Community Center on May 6, 2023 from 1:30 p.m. to 6:30 p.m. — Permittee DOB Verified 2 of 302 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS pgs 96-223 A. Consider Exclusive Curbside Solid Waste Collection Services with Waste Management, Inc. and Direct Staff to Prepare the Enacting Franchise Ordinance and Final Contract (Transmittal, Contract, RFP, Proposed Cost, Plan, Forms) pgs 224-266 B. Approve a Building Time Construction, LLC Negotiated Work Services Agreement with a Guaranteed Maximum Price of $186,874.00 for the Building Department Office Improvements (Transmittal, Proposal, Agreement, Special Conditions, RFQ Submittal) pgs 267-274 C. Award the Invitation to Bid #23-04, Drainage Improvement in the Stonecrop Watershed to Underwater Engineering Services, Inc. and Authorize the City Manager to Execute the Agreement Documents (Transmittal, Bid Tab, Bid Responses) pgs 275-284 D. Approve the Sole Source Purchase of Contech ArmorFlex and Conspan Bridge from Contech Engineered Solution for the Stonecrop Drainage Improvement Project in the Amount of $656,123.18 (Transmittal, Certificate, Quote, Approved Budget Sheet) pg 285-287 E. Charter Officer Evaluation Procedure i. Remove Resolution R-23-03 from the Table ii. Review and Adopt Resolution No. R-23-03 — City Council Charter Officer Evaluation Procedure (Transmittal, R-21-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENT OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-21- 04, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pg 288 F. Negotiation of the Charter Officers' Employment Agreements (Transmittal) pgs 289-302 G. Interview Prospective Candidate for the Interim City Attorney Position and Select the Interim City Attorney (Transmittal, Rodney Edwards Packet, Andrew Mai Packet) 3 of 302 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Jones B. Vice Mavor Nunn i. Commercial Limited Zoning C. Council Member Dixon D. Council Member Dodd E. Council Member McPartlan 17. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPL]ANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA @CITYOFSEBAST1AN. OR AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/88477298156 Or One tap mobile: US: +13052241968„88477298156# or +19294362866„88477298156# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 305 224 1968 or +1 929 436 2866 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 646 9313860 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 Webinar ID: 884 7729 8156 International numbers available: https://usO2web.zoom.us/u/kKtOSZJUG 4 of 302 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetines Public input is ALLOWED under the heading: Consent Agenda Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special MeetinLys Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headine on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 302 �m Ot STL HOME OF PELICAN! ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 8, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Pastor David Daniel of the Sebastian Church of God gave the invocation. Vice Mayor Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth Leisure Services Director Brian Benton Administrative Services Director/CFO Ken Killgore City Engineer/Public Works Director Karen Miller Airport Manager Jeff Sabo Police Captain Tim Wood AGENDA MODIFICATIONS Council Member Dodd requested to add item #12d under New Business to have Council review the strategic planning process. 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS BriefAnnouncements: February 10 - Unveiling of the First CRA Mural at Mel Fisher's Treasure Museum, 1322 U.S. Hwy 1 - Noon February 11 - Craft Club of Sebastian Show in Riverview Park - IOam-3pm 6 of 302 Regular City Council Meeting February 8, 2023 Page 2 February 17 - Chamber of Commerce Concert in the Park — SRHS (full ensemble w/steel drums — 5:30 to 8: 30pm February 20 - City Hall Closed for Presidents Day Observance March I — Sebastian CRA Redevelopment Team Workshops — Council Chambers - 11: 00am to I pm and 5pm to 7pm Vice Mayor Nunn announced the upcoming events. Council Member Dodd added that the County has signed an agreement to have a Five Guys Restaurant open on U.S. 1 in Sebastian. 7. PUBLIC INPUT Barry Shapiro described how he started a sock drive for the homeless five years and to date, they have collected over 15,000 pairs of socks to distribute to different charitable organizations because of the generosity and support of our community. He invited the public to the Sock Hop on February 171h at the Walking Tree Brewery to continue collecting socks. Richard Gillmor, Sebastian, said the ice machine at the golf course hasn't worked for four months and it will be an issue as it gets warmer. He also noted the nets on the driving range were shredded by the hurricane making them dangerous now because the balls are going through the nets and landing on the first fairway. Mr. Gillmor invited the public to the Studio Art Tour this Saturday. More information can be found at Sebastianartstudiotour.com. The City Manager said the netting is in the process of being bid out. He also reported that bags of ice are being stored in the ice machine and loaded into the dispenser as needed. Frank Nolan said on January 26 and 27 the National Point in Time Count took place which counts the number of homeless in communities. There are 48 homeless individuals in Indian River County. He suggested having someone put together a life skills program to give people a shot at becoming gainfully employed. Bob Stephen, 150 Concha Drive, said Council has not been good stewards to our habitat in this town. 8. CONSENT AGENDA A. Approval of Minutes — January 18, 2023 Special Meeting B. Approval of Minutes — January 27, 2023 Regular Meeting 7 of 302 Regular City Council Meeting February 8, 2023 Page 3 C. Prior Authorization for Council Travel to the Florida League of Cities Legislative Action Day — April 3-5, 2023 in Tallahassee (Transmittal, Agenda) D. Resolution No. R-23-04 — Abandonment of Easements over Lots 8 & 9, Block 138, Sebastian Highlands Unit 4 (Transmittal, R-23-04, Map, Staff Report, Approval, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 & 9, BLOCK 138, SEBASTIAN HIGHLANDS UNIT 4, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. E. Approve the Repainting of Runway 10-28 and Taxiway Bravo Markings at the Sebastian Municipal Airport by Florida Airfield Maintenance/JV Using the FDOT PTGA FM450933-1-94-01 Grant Award (Transmittal, R-22-29, Agreement) F. Approve Indian River County Supervisor of Elections' Request to Hold 2023/2024 Elections in the Community Center (Transmittal, Agreement) G. Approve the Piggyback Purchase of One 2023 GMC Sierra 1500 Work Truck from Alan Jay Fleet Sales under the Sourcewell Contract #901521-NAF in the Amount of $35,406 for the Stormwater Division (Transmittal, Quote, Contracts, Code Sec. 2-10(b)) H. Approve the Purchase of Forty Thousand (40,000) Pistol Rounds of lOmm Ammunition from Lou'-s Police Distributors for the Sebastian Police Department in the Amount of $19,275 (Transmittal, Quotes, Procurement Form) Council Member Nunn asked to pull items G and H. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-F. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Items G & H Vice Mayor Nunn asked the City Manager to explain the need for these two expensive items. The City Manager said GMC truck will be replacing a vehicle that has met its useful life. With regard to the ammunition, he said ammunition is in short supply and 8 of 302 Regular City Council Meeting February 8, 2023 Page 4 a 10. staff should purchase it when it is found. It is needed to provide the officers the opportunity to train and be certified. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to approve items G and H. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 COMMITTEE REPORTS & APPOINTMENTS Council Member McPartlan said at the MPO meeting this morning, Council Member Dodd was appointed chairman of the commission again. A. Planning and Zoninp- Commission (Transmittal. Atmlications, List, Advertisement) i. Fill One Expired, Regular Member Position — New Term to Expire 2/1/26 Mayor Jones and Council Member Dodd nominated alternate member Mr. Haddix to move up to the regular member position. There were no further nominations. Mr. Haddix will serve until February 1, 2026. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to waive the advertising requirement to fill the alternate member position. To fill the alternate position, Vice Mayor Nunn nominated Mr. McGinn and Council Member McPartlan nominated Ms. Matthews. Roll call for the alternate member position: Council Member Dodd Council Member McPartlan Mayor Jones Vice Mayor Nunn Council Member Dixon Ms. Matthews was appointed the alternate member. PUBLIC HEARINGS - Ms. Matthews - Ms. Matthews - Ms. Matthews - Mr. McGinn - Ms. Matthews 9 of 302 Regular City Council Meeting February 8, 2023 Page 5 A. Resolution No. R-22-34 Providing for an Annexation Agreement (R-22-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AND THE GRAVES BROTHERS COMPANY TO MEMORIALIZE THE PARTIES UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY, AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE The City Attorney read the title to Resolution No. R-22-34. The City Manager said they were provided a copy with four minor modifications that have been approved by the applicant: -Date of the agreement should be 2023 on page 2 -The footnote should say final draft as of February 8, 2023 -On page ten, under 3.2, the following strikethroughs and underlined additions were cited: The development of real property shall be Master Planned as a PUD on a minimum of 400 acre Parcels. Within each Parcel the real Drovertv, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD parcel, or outside to other PUDs within the Real Property, provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non- residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable Density per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 10,771 10,794 gFess units per- -rife—eaverage of 5.26 28 du/ac €er of the Real Property). -The word "shall" was added in section K The City Manager said this was an accumulation of a lot of hard work, by a lot of individuals. The applicant is agreeable to the minor changes and he asked for Council's approval of the agreement prior to annexation or future land use change. 10 of 302 Regular City Council Meeting February 8, 2023 Page 6 Public Input Mr. Pasqale, said he moved up here from Stuart because the City Council went crazy with building. He was against any part of the annexation. Dr. Graham Cox, 1213 George Street, said he could not support the annexation in its current form. Richard Gillmor said he was in favor of annexation with some caveats. Dr. Tim Glover, President of the Friends of St Sebastian River, said the status quo is not working for the environment and now is the time to provide something different. Donna Halloran, Sebastian resident, noted that Council had a special meeting for three lots but the annexation of 2,200 acres wasn't drawing attention to make front page news. George Glenn, Jr, attorney for the Pelican Island Audubon Society, said this was the time to come up with a plan. He requested section K to "require green infrastructure" and to buffer the slough of the south prong of the St. Sebastian River as described in their December I 1 th letter to Council. Russell Herrmann, 586 Redwood Court, said the annexation will have a profound impact on Sebastian and adjoining communities. Sean Sexton, cattle rancher of the head waters on the Sebastian River and a former supervisor of Sebastian River Improvement District, asked Council to take the requests to monitor and preserve the water quality seriously. Dr. Richard Baker said he has seen the degradation of the river during the last 40 years. Sebastian's present policies and ordinances aren't working. Dan Lamson, Executive Director of Indian River Neighborhood Association, said the association is dedicated to quality growth and the annexation will be growth but not quality growth. Dylan Reingold, attorney, Indian River County, said it was not the County's intent to sabotage or stop the annexation but they are trying to figure out how to provide services to the property. He said as they move forward, the County was looking for a commitment from the property owner and Council to figure out how the services will be provided. Mike Johansen, Chairman of the Indian River Neighborhood Association, said height limitations are mentioned in the commercial, industrial and institutional development but not the residential in Section 3 which may be an overarching item since it is mentioned in some categories. Grace Reed, Sebastian, said if the property isn't annexed, it will still be developed. The small town Sebastian is the area of US Highway 1 and Indian River Drive. 11 of 302 Regular City Council Meeting February 8, 2023 Page 7 7:11 pm Terry McGinn, Miller Drive, Sebastian, cited upcoming projects on CR510 and noted the same groups present tonight haven't spoken against the upcoming projects on CR510. He said he supports the annexation. Council Member Dodd displayed the density calculation on the overhead and said it was somewhat misleading to talk about 10,771/10,774 units per acre because it leaves out open space. It was felt that a density number was needed but the document requires that the real property have a 50% open space as noted in the bottom sentence of the overhead document. (See attached) He described that until the property is developed in parcels there are considerations that will come into play such as utilities, in which the property owner will negotiate that process as the City cannot give this man's land away. He said the document requires coordination with the City and other entities to provide the space needed. Council Member Dodd continued to say when the developer brings in his site plan for the parcels that he wants to develop; he will have to comply with the Land Development Code in force at that time. It would be perfect if we had site plan for the whole piece of property but that is not practical so they are trying to move forward with enough guidelines and control to know that you can deal with problems as they come up. He said he didn't believe they were jeopardizing the County or the quality of life for the City. It is a matter of trust or control. He has been here for 22 years and the City is no different today than it was 22 years ago and the population has doubled in that time. He asked everyone to think about it if it is a matter of trust. If it a matter of control, he didn't think the City could give up that kind of control. Vice Mayor Nunn said the landowner loves the City and wasn't looking to ruin their family legacy by developing this property like a northern developer. They want to expand what we have and provide more commercial opportunities. He explained the City has a 90% residential tax base and a 10% commercial tax base and by having a new town center, the commercial base will increase and provide an additional place to shop. He said this plan was great. Council Member Dixon said she appreciated how Council Member Dodd explained the density. She was thankful for the citizens in the room who want to keep Sebastian beautiful as they do. She said that she moved here in 1997 and she agreed that Sebastian still has the same small town charm. There will always be progress but the City is in good hands. Council Member McPartlan said in 2019 Council was asked to slow things down and be transparent. They have now given it time and been the most transparent with the best intentions. He described how he asked for the number that the environmentalists would be happy with so he could work from there but he wasn't given a number. When he went to the County, he asked how many houses could go there but they couldn't give that number because there isn't water. The bottom line is if the County can't provide the water there aren't going to be homes. 12 of 302 Regular City Council Meeting February 8, 2023 Page 8 Council Member McPartlan suggested the environmentalists might want to purchase the property since it is such a vital part of the environment. He noted this time the vast majority of the citizens is for this annexation because they want to dictate the future. Mayor Jones said he believed the project before them is a good product. He asked where the St. Sebastian River buffer was addressed in the documents. The City Manager responded the buffer was addressed in both the annexation agreement and the future land use map. Mayor Jones said while they have been asked to delay the annexation, as Council Member McPartlan said, those opposed will just ask for something else to be delayed. He said staff and the attorneys have worked very hard on this and he felt it was a good project. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve Resolution No. R-22-34 providing for the Graves Brothers annexation agreement. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 B. Second Reading and Public Hearinp- of Ordinance No. 0-22-07 Petition for Voluntary Annexation — Graves Brothers Comnanv (Transmittal, Survev, Ex. 1 a & lb, Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW, NORTH OF 69TH STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-07. The City Manager said this was the ordinance for the voluntary annexation request which was a great opportunity for the City. The Community Development Director said they have all worked very hard to bring the project to fruition and requested Council's support. 13 of 302 Regular City Council Meeting February 8, 2023 Page 9 Public Input George Glenn, Jr., Esq., representing the Pelican Island Audubon Society, Donna Halloran and Dr. Graham Cox, said he believed there are potential compliance issues with F.S.171 dealing with compact and contiguous boundaries and they were there to preserve their rights. He handed a packet of information to the clerk. (See attached) The City Manager said he believed they met the bounds of F.S.171 and this would be great for the City. He noted that the Community Development Director, Lisa Frazier, is a professional planner, has been with a number of cities and who held her own firm helped to put this project together with the assistance of a land development attorney, Paul Gougelman so professional staff have provided significant input to these documents. The City Attorney said the findings on page 224 backup the City Manager's comment. The City Manager noted a signed annexation agreement has been submitted to the City. Vice Mayor Nunn noted that Mr. Glenn's comment was the notification of a lawsuit that would be coming at the expense of the taxpayers. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to approve Ordinance No. 0-22-07 providing for the voluntary annexation of the Graves Brothers' property with the five findings listed on page 244 of the agenda backup. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 C. Second Reading and Public Hearing of Ordinance No. 0-22-13 - Reauest for Comprehensive Plan Future Land Use Man and Text Amendment — Graves Brothers Comnanv (Transmittal. 0-22-13. Staff Renort. Justification Statement. P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. 14 of 302 Regular City Council Meeting February 8, 2023 Page 10 The City Attorney read the title of the Ordinance No. 0-22-13. The City Manager said this future land use map provides for different percentages of land use so the land isn't just houses and provides for a very strict guidance on how the property is developed. George Glenn, Jr., Esq, representing the Pelican Island Audubon Society, Donna Halloran and Dr. Graham Cox, said they have concerns with [Policy 1-1.4.1 Agriculture Land Use Designation] changing the land use from agriculture to mixed land use. Mr. Glenn said there is a fundamental difference when property in the urban service area has entitlements with restrictions on what can be done and property outside the urban service which isn't bound by those restrictions and can have different uses. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Ordinance No. 0-22-13 changing the comprehensive plan future Land Use Map. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 11. UNFINISHED BUSINESS A. Anurove a Services Contract Agreement with Colin Baenziger & Associates for the City Attorney Recruitment Process and Authorize the City Manager to Execute the Agreement (Transmittal. Agreement. Attachments. Code Sec. 2- 10d 4 Colin Baenziger introduced himself, Lynelle Klein, Senior Vice President of Operations and Steve Sorrell, Senior Vice President, who went over the recruitment process. (See attached) The City Attorney said he recommended approval of the contract to hire their next City Attorney. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to waive the bidding requirements in going out to bid so they may choose Colin Baenziger & Associates in good cause because of the time sensitivity of the requirements. Council Member McPartlan said he was happy with the warranty and asked what the time line would be. Mr. Baenziger responded it would probably be 75 days but it could easily be out four months by the time the candidate gives notice to their current employer. 15 of 302 Regular City Council Meeting February 8, 2023 Page 11 Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve the contract with Colin Baenziger & Associates to find a City Attorney for the City of Sebastian. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 Mayor Jones called for a break at 8:01 p.m. and reconvened the meeting at 8:10 p.m. All members were present. 12. NEW BUSINESS A. Review the Process and Procedures for Reviewing the Charter Officer Emnlovment Contracts (Transmittals, Contracts, R-21-04) Council Member McPartlan said he would like to see uniformity in the contracts between all of the Charter Officers with regard to the benefits. He thought about a car allowance for each officer but then thought of one car to share between the officers for City business with a log book that is kept with the vehicle. It could be checked out as needed similar to a rental car. Council Member Dodd said Section 3 of the resolution should be modified to reference the new union group. He said the Mayor should negotiate the contracts and then have the contracts proposed to Council for approval. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to direct the City Attorney to modify Resolution No. R-21-04 by removing the references to the specific unions in Section 3(a). Council Member McPartlan said he would like to see a stringent evaluation that can follow the contract negotiation. Mayor Jones said Human Resources could provide an evaluation form that accurately reflects what each officer's responsibilities are. Council Member Dodd said Section 1 provides for annual goal setting by Council and the officers. He suggested each Council Member could provide their goals to the City Clerk 16 of 302 Regular City Council Meeting February 8, 2023 Page 12 8:26pm who would bring it back to them in a common document to decide what their goals should be. Council Member McPartlan suggested that an expiration date or renegotiation date of every three years should be set. Vice Mayor Nunn said they are evaluating the charter officers every time they talk to them and their contracts could be reviewed every three years but he didn't feel an annual evaluation was necessary. Council Member McPartlan noted the officers used to be evaluated every year as noted in Section 1 of the resolution, but it has fallen by the wayside. Council Member Dodd said the evaluation system should drive the determination if the officer should receive an increase above and beyond the normal cost of living. He suggested they should establish goals and objectives and rate the officers against them annually. Council Member Dodd said each member should produce a goals and objective statement for each officer and provide those to the City Clerk who will then compose a single document for Council to select the goals as a group and rate the officers in July. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 B. Consider 2023 Earlv Voting - Approve the Municipal Election Agreement between the Indian River Countv Supervisor of Elections and the Citv of Sebastian for the November 7. 2023 Election (Transmittal. Early Voting Ouote. Agreement) The City Clerk asked if Council was interested in holding early voting for the November 7`h election. There was no public input regarding early voting. It was the consensus of City Council not to hold early voting and for those that couldn't make it to the polls on November 7`h to request a mail in ballot. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve the election agreement between the Supervisor of Elections and the City for the November 7`h, 2023 election excluding early voting. 17 of 302 Regular City Council Meeting February 8, 2023 Page 13 Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 C. Consider Indian River Countv Sunervisor of Elections' Reauest to Hold 2024 Early Voting in Council Chambers — Consider Rescheduling the March 13, August 14 and October 23. 2024 Citv Council Meetings (Transmittal, 2024 Calendar, Agreement) Council Member McPartlan asked if the signs in front of City Hall could be prohibited during early voting. The City Attorney advised that the solicitation of a vote includes the placement of a campaign signs in front of a polling place and interference with the solicitation was against the state statute. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve the Supervisor's request to hold the early voting in Council Chambers for 2024 and cancel the March 13, August 14, and the October 23 Council meetings. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 8: 35 pm Added D. Renew Strategic Planning Process Council Member Dodd said he has been carrying on conversations with various people in cities around the state and have seen some really good strategic planning documents. He said he asked the Vice Mayor of Port St. Lucie to send their strategic planning document to show the kind of communication they have with their citizens as well as their planning process that includes strategic objectives. Each objective needs to be broken down to a task and what they gage success or failure on charter officers is how those tasks are executed and how objectives are met. He said two years ago, Council approved $50,000 to do a strategic plan but he didn't believe that they have received a strategic plan out of it. He would like Council to receive a complete forensic look of the project to include the cost to date, deliverables to date on that project and to roll it into what they have. He also said there was a citizen's survey sent out but there were a small numbers of returns. He would like to see how many surveys were sent out and returned because it will be a great basis to begin the process of strategic planning. 18 of 302 Regular City Council Meeting February 8, 2023 Page 14 8: 46 pm Council Member Dodd also said the Treasure Coast Regional Planning Council (TCRPC) has staff that can bring in a facilitator and as part of this process; he would like to ask Council to direct the City Manager to enter a contract and facilitate meetings with the public, staff, and Council to put together a strategic planning process. He said after they discussed this, he would be willing to make a motion to ask for a breakdown on the existing project and an approval to direct the City Manager to contact the TCRPC to begin the process get a facilitator to come in and do the work. He said it has to be a living document that you monitor performance against and it's something that staff and people buy into that can be worked through. Council Member McPartlan said he envisions that as they approve the agenda items, the items should fit into the plan. Council Member Dodd said each city that he has talked to includes the strategic plan task it is tied on every agenda transmittal; the budgeting plan and capital improvement plan are tied to the strategic plan process. The citizens will buy in because they vote for Council and if they don't like it, they will vote the Council Members out. MOTION by Council Member Dodd and SECOND by Council Member Dixon to move that Council ask the City Manager to provide a cost breakdown and deliverables from the existing project and ask him to contact the TCRPC and have them produce a work plan to facilitate a strategic plan and cost statement for a strategic plan. 13. CITY ATTORNEY MATTERS The City Attorney reported that he has distributed copies of the revised Charter pamphlets. He said the employee negotiations went well on January 31 S` and he hopes to move forward to the next date. He said the initial contract with Paul Gougelman was approved at $15,000 but is now at almost $23,000. He planned to bring the final amount to them for approval. The City Attorney said for the interim City Attorney position he now has four applicants interested. He plans bring a list of the candidates to Council at the March 8 meeting for a ranking. 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS 19 of 302 Regular City Council Meeting February 8, 2023 Page 15 A. Council Member Dodd Council Member Dodd said he realizes that a lot of people spoke negatively about the annexation but he didn't think they realized the number of hours that staff and the attorneys put into the project. They managed to come in with an agreement that he felt comfortable and appreciated the great job by all. B. Council Member McPartlan Council Member McPartlan said the sock collection started as a small gesture but it is amazing what socks do with regard to foot care. He advised the Treasure Coast Homeless Services Council is initiating programs for the homeless and works with the stakeholders. He encouraged Council to attend the United Way's talk on ALICE (Asset Limited Income Constrained Employed) on March 71h because all of these efforts are connected to helping people and they might have the opportunity to connect with an elected official in higher office to help those who are struggling. C. Mavor Jones Mayor Jones said he was glad to be back after missing the last meeting. He said staff and everyone worked very hard on the annexation which is a good project for Sebastian. D. Vice Mavor Nunn Vice Mayor Nunn also commended staff for the great job on the annexation agreement. He asked to bring up the food truck policy to see if they might have changes to make in future. There was a consensus to bring it to the next meeting. E. Council Member Dixon Council Member Dixon thanked staff for fielding the annexation phone calls. She also thanked the Leisure Services Director for providing an age -ranged guide for the City's parks. She noted it is on the website. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 8:58 p.m. Approved at the March 8, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• 20 of 302 cFp A�m �r a — N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Approve the usage of the Council Chambers with no fee for the Florida Fish and Wildlife Conservation Commission (FWC) to conduct a Public Discussion on Snook Management and Regulations on March 23`d, 2023 from 4:00pm to 8:30pm Recommendation: Staff recommends that City Council Approve the usage of Council Chambers at no charge for FWC to conduct a Public Discussion on Snook Regulations Background: FWC has requested to use the City's Council Chambers to conduct a Public Discussion on Snook Management and Regulations on March 23`d, 2023 from 4:00pm to 8:30pm If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: NIA Administrative Services Department Review: City Attorney Review: Procurement Division City Manager Authorization Date: Z ? if MBA 21 of 302 rnva y 7 HOME of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Piggyback Replacement Purchase of 2023 Cumberland International Brush Truck Recommendation: This is a Piggyback Purchase of one -(I) 2023 Brush Truck from Cumberland International under the Florida Sheriff's Association Contract FSA22- VE112O. Background: This recommended piggy -back purchase is for the replacement of one-(]) 2007 Sterling Brush truck currently being used by the Roads Division. The aforementioned truck currently has in excess of 130,000 miles and will be auctioned once the new truck has been delivered. IAW Section 1.210 (c)(2) "the purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section". The Florida Sheriff's Association Contract meets this standard. Attached with this transmittal are the vendor quote and the FSA Contract documents for your review and consideration. In the past two years vehicle chassis have increased due to steel availability and manufacturing delays. Although we are over budget for this particular vehicle, when considering all of the Roads vehicle replacements and purchases we are within budget. This over budget purchase also does not account for proceeds from the vehicle auction. If A€enda Item Reauires Expenditure of Funds: Budgeted Amount: $115,000 Total Cost: $121,543 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Funds Attachments: 1. Cumberland International Sales Quote, Contract FSA22-VER20 2. Florida Sheriffs Association Invitation to Bid Advertisement 3. Florida Sheriffs Association Item Group Descriptions & Contract Signature Forth 4. Florida Sheriffs Association Qualifications Form, Contract FSA22-VEH2O 5, Manufacturer's Authorization 6. Roads Department Budgeted Vehicles Summary Administrative Servicf City Attorney Review: Procurement Division City Manager ut orization: Date: ? 12/2712022 , N wI .0 r TnUCK + IOMECSE ; BUS ' FIRE 1 S'PID-TTCB FLORIDA SHERIFF'S ASSOCIATION Contract - BID FSA22-VEH2O Customer: City of Sabastian Date of Quote: 12/20/2022 Flat bed dump Specification: 91 Region: Central Quantity Unit Cost extended Base Price: 2024 INTERNATIONAL MV 1 $ 73,700.00 $73,700.00 Contract Options: 1 CAE Frame up -garde to 120 PSI 1 S 412.00 $ 412.00 2ASC 12K front axie 1 $ 297.00 $ 297,00 3ADC 12K front suspension 1 $ 147.00 S 147.00 4722 DV-2 drain valve 1 S 132.00 S 132.00 4619 Trailer connections 1 S 434.00 $ 434.00 4EDN Air Dryer 1 S 360.00 $ 360.00 5708 Tilt wheel 1 S 100.00 $ 100.00 8HAA Body Builder wiring to rear of frame 1 S 262.00 $ 262.00 8THS Back up alarm 1 S 96.00 $ 96.00 8TMG Trailer connection socket 1 S 351.00 S 351.00 10VAA Keys alike with 3rd key 1 S 46.00 S 46.00 12ESL L9 300 HP engine 1 S 5,887.00 $ 51887.00 12XBM Remote engine control 1 S 48.00 5 48.00 13BDR 3000 series transmission 1 $ 5,794.00 $ 5,794.00 14AGR 21,D00 rear axle with Diff Locks 1 $572.00 S 872.00 16JNT Air ride drivers seat 1 $93.00 $ 93.00 16SDC Grab handles 1 $189.00 $ 189.00 16SMH 2 man passengers seat with storage 1 S461.00 $ 461.00 16SNS Power mirrors 1 $279.00 $ 279.00 16VLK Mid cab air suspension 1 $458.00 $ 458.01) 7372135443 11 R 22. 5 G rated front tires 1 $290.00 $ 290.00 7372135443 11 R 22. 5 G rated rear tires 1 $290.00 $ 290.00 6DB 10 foot dump bed 1 $19,500.00 $ 19,500.00 36TBOX Under body tool box 1 $800,00 $ 90G.00 STROBE 4 comer strobe lights 1 S1,500.00 $ 1,500.00 Pintle30 25 ton Pintle hook 1 S1,995.00 $ 1,995.00 Safety Saftey kit 1 $250.00 $ 250.00 Non -Contract Options: Dump body Up -grade dump body min 7 yards with tarp and barn doors. 1 $ 6,500.00 $ 6,50D.00 Total Total Purchase Order Amount: $ 121,543.00 $121,543.00 5 - $��� -�_ $,543.6U 23 of 302 1212712022 JU Cab Color. white Included In base price Body Color. Black Frriuig.good far 81.dayrs Prepared By: fly__ _ ,chile t�rt�iiit�til x Chuck Calhoun Cumberland international Trucks LLC 2110 S Division AVE Orlando FL 32805 office - 407.849.6440 / fax - 407.295.9727 1 email - ccathoun@dtte.com 24 of 302 INTERNATIONAL" Prepared For. City Of Sebastian Gregory Schmidt 100 Veterans Memorial Way Sebastian, FL 32958- (772)228 - 7001 Reference 10: Item 91 AXLE CONFIG. APPLICATION: MISSION: DIMENSION: ENGINE, DIESEL. TRANSMISSION. AUTOMATIC: CLUTCH: AXLE, FRONT NON-DRnRNG: AXLE, REAR, SINGLE: CAB: TIRE, FRONT: TIRE, REAR: SUSPENSION, REAR, SINGLE: PAINT: December 20, 2022 Presented By., Cumberland International Tnicks Chuck Calhoun 2110 S. Division Ave. Orlando FL 32810 - (407)849-E;440 271 �— 67.1 36.9 39..2 l 154 --- 53 - Model Profile 2024 MV607 SBA (MV607) 4X2 Light Aggregate Requested GVWR: 33000. Cale. GVWR: 34000. Calc. GCWR: 60000 Cale, Start I Grade Ability: 45,20% 12.68% @ 55 MPH Cale, Geared Speed: 77.9 MPH Wheelbase: 154.00, CA: 88.90, Axle to Frame: 63.00 (Cummins L9 300) EPA 2021, 3001­11` @ 2200 RPM, 860 lb-ft Torque @1 1200 RPM, 2200 RPM Govemed Speed, 300 Peak HP (Max) {Allison 3500 RDS) 6th Generation Controls, Wide Ratio, 6-Speed with Double Overdrive, with PTO Pmvisian, Less Retarder, Includes Oil Level Sensor, with 80,0004b GVW and GCW Mex, On/Off Highway Omit Item (Clutch & Control) {Meritor MFS-12-122A) I -Beam Type,12,0001b Capacity {Dana Spicer 22060S) Single Reduction, Hypoid Gearing 22,0004b Capacity, 200 Wheel Ends Gear Ratio: 5.29 Conventional, Day Cab (2) 11R22.5 Load Range G ECOPLUS HS3* (CONTINENTAL), 495 revlmile, 75 MPH, AII- Position (4) 11R22.5 Load Range H HDL2 (CONTINENTAL), 493 revlmile, 75 MPH, Drive 23,500-lb Capacity, Veri-Rate Springs, with 4500-lb Capacity Auxiliary Rubber Springs Cab schematic 100WP Location 1: 9219, Winter White (Sid) Chassis schematic NIA proposal: 19037.01 25 of 302 INTERNATIQNAL' Vehicle BRARMORM Deaarobv A 21W 2024 lii4W SBA (I>rt1►60T) Sri DeArAption t vwM Base Chas* Model MVW7 SBA with 164.00 Wheelbase. 88.90 CA, and 63.00 Axle to Frame. AXLE CONFIGURATION 1ANA AXLE CONFIGURATION PWAstar) 4x2 NRWI ; Prk ft may change if axle aonligca¢ilan Is ahwgp& ENGINE FIR Tat (a) (S) 6864/2774 8128 010 O 12ESL ENGINE, DIESEL (Cummins L9 300) EPA 2021, 300HP 0 2200 RPM, titl0 M 67Z8 554 Torque @ 1200 RPM, 22CO RPM Governed Speed, 300 Peak HP (Max) 12XCS CARB EMISSION WARR COMPLIARM Federal, Does Not Comply with CARS Emission Warranty 010 0 12WZE CARS IDW COMPLIANCE Federal, Does Not Comply wkh California Clean Air am o Idle Regulations 12VJH EMISSION, CALENDAR YEAR (Cumrnlns LB) EPA. OBD and GHG CorMW for 010 C Calendar Year 2023 12XCA RADIATOR Aluminum, S Raw, Down Flow, Front to Beak System, 837 Sqln Olo 0 Louvered, whh 477 Spin Charge Air Cooler, Inchntes in -Tank On Cooler 12T OY FAN DRIVE (Sorg-Wamet SA86) Viscous Type, Screw On 0/0 0 Includes : FAN Nylon 12VCE AIR. CLEANER Single Element, Fire Retardant Media 010 O 12703 ANT -FREEZE Red. Extended Life Coolant; To -40 Degrees F/ -40 Degrees C, 010 0 From Protection 12XBM ENGINE CONTROL. REMOTE MOUNTED ProvIslon (or; kwdes Wft for Body CVO 0 Builder Installation of PTO Controls and Stoner Lod=L with Ignition Switch Control, for Cummtne 05.7 and L9 Enjilnes 12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Staliorsry, C/O 0 Variable Speed; Mounted on StewhV When! TRANStIt MION 1SBOR TRANSMISSION, AUTOMATIC (AEsan 36C0 RDS)6th Generation Conbvd% Wide 211R2 283 Ratio. B-Speed with Double Overdrlvv,whh PTO Provision, Less Phdardar, hxludes Oti Level Senses, with 00,OCWb GVW and OCW Mm Onl+QifHWwq 1SWU0 ALLISON SPARE INPUT/OUTPUT for RMW Duty Series (RDS)and Regicnal 0 Had Series (RHS), General Purpose Tmal:s, Construction, Page Number 223 13W VV NEUTRAL AT STOP Allison Trarsrnission Shifts to Neutral When Beivice Brake Is O10 0 Depressed and Vehtale Is at Stop; Remakhs In Neural Until Service Braise Is Released 13XAL PTO LOCATION Customar Intends to Install PTO at Left Side of Thanamlasion Wo 0 1$WYU SHIFT CONTROL PARAMETERS (AM=) 3WO or4000 Series T ,; am 0 r. �., .; .. v.,,, ,c; , „' " 13WLP TRANSMISSION OIL 3ynthetlK 29 thru 42 Pints 010 0 2 proposal:1BW41 26 of 302 INTERNATIONAL' Vehicle fignatfinfigns 2024 fr1NW397 SBA (MW607) �—" Alt 13WET TRANSMISSION SHIFT CONTROL Cok= Mounted Stalk Shblar. Net for Use with Allison 1000 & 2000 Series Transmission CLUTCH 11001 CLUTCH Omit Hem (Clutch & Control) REARAXLIES.13USPENSIONS 14AEY AXLE, REAR, SINGLE (Dana Spicer 22060S) Sine lemon, Hypold Gearing =XNb Capacity, 200 Wheel Ends. Gear Redo: 5.20 14VAH SUSPENSION, REAR, SINGLE 23,WD4b Capacity, Vat! -Rate Six"s, with 4500- ib Capacity AuWM Rubberspdnp 14WMN AXLE. REAR. LURE finGand FE-75W-0) Synfedc Od:1 thru 29.69 Pints 14077 DIFFERENTIAL, LOCWNG (Detroit Lactso Na+4pir: for Dana Splicer (previously Eaton) Rear Axles FRONT AXLES 2ASC AXLE. FRONT NON -DRIVING (Mentor LTS-12-122A) I -Beam Type,12,000-tb Capacity FRONT SUSPEN8IONS 3ADC SUSPENSION, FRONT, SPRING Parabolic Toper Leaf, Shadde Type,12,000db Capachy, with Shock AbemtberInd : SMNG PINS Rubber BushhW, Maintenance -Free CABS, COWLS, BODIES 160w CAB CWNKXonal, Day Cab LIGHTS (5) Flush Mounted 1GZ13T ACCESS. CAB Steel, Driver & PessenW Sides, Toro Steps per Door, for use with Day Cab end Extended Cab 16BAM AIR CONDITIONER with tntogral Hestwand Defroster 1t3WBY ARM REST, RIGHT, DRIVER SEAT IWO CAB INTERIOR TRIM Classic, for Day Cab Indudes : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets. Retainer Nets oral CB Radio Pocket; LacoWd Above Driver and Paawner : DOME LIGHT, CAB DoorAoWated and Push On4)ff at tight tens, Timed Theater Dimming, Integral to Overhead Console. Center Mounted : SUN VISOR (2) Padded Vfnyri; 2 Moveable (FrontAD-Side) Primary Visor% Driver Stile with Tell Ticket Strap 16VLK CAB REAR SUSPENSION AIr Suspension, for Mid Cab Height 1SWLS FRESH AIR FILTER Attached to Air Intake Cover can Cowl Tray in Front of Windshield Under Hood 3 DeeembW 20, 2022 FM MR To41NYt (lbs) @w) 1/0 1 0/0 0 01M 235 Was as om 0 0/0 0 4210 42 36f0 3B 0M 0 010 0 Sam 310 010 59 3 0 42/0 42 fro 1 Propowd:120MI-01 27 of 302 INTERRATIONAL' DeeeMbe r 20, 2M 2024 Ifr VW7 813A (IidVM1T) 18GED 16HGH 188DC 18X.{N 18HKA 18SNS 181JS 168MH 10XCK FRAMES 1CAE iLNG 1570 1WEH BRAKES 4091 GAUGE CLUSTER Baas Levg Engbh wKh Engitsh Elecronia SWidomebw : GALiGE CLUSTER DISPLAY: Bm Lsvel (3' M.. ,, � , . Jb may). Premium Cavell (IP LCO Color Dlsplayk Odometer. Voftster, DiagnoWe Messaes, Gear Wicator, Trip Odometer, Total Engine Hours. Trip Houm MPG. Distamlo Empty/ Retftl for : GAUGE CLUSTER Speedometer. Tachometer, Englrte Coolant Temp, Fuel Gauge, DEF Gauge, ell Pressure Gauge, Primary and Swandwy Air Pressure or AuxfflaryAIr Pmwxe (l1 A1rEWWed) : WARMING SYSTEM Low Fuel. Low DER Low 011 Pressure. High Engine Coolant Temp, Law Battery VoUp (Visual and Audlblej. Low Afr Prewume, Primary and Secondary (If Air EquPed) GAUGE, OIL TEMP, AUTO TRANS for AMwn Tt, 4 GRAB HANDLE, EXTERIOR (2) Chrome, Towel Bar Type, with AnS4311p Rubber Inserts, for Cob Efty MouMad Left and Right Bide at B-Klar INSTRUMENT PANEL Flat Panel IP CLUSTER DISPLAY Omit Displeyr of Fault Codes In instrument Custer and Dtaable @Mk Coda, Requires Service Tool to Retrieve end View Find Code MIRRORS (2) Asro Pedestal. Power Adjust, Heated, Back Heads and Arms, W x 14" Fkdt Gleam. Includes 6.W x 6' Con Mlmn. for 102" load WtdIh : Minor Dlmertsbns are Rounded to the Nasrest OS BEAT, DRIVER (National 2000) Air 8uspenslon, High Beck with 6ttegral Hewfrest, Vinyl, laotator. I Chamber Lumbar, 2 Position Fran Custdon Adjustment. -3 to +14 Degree Seat Back Angle Adjust, Dual Shocks SEAT, TWO -MAN PASSENGER (Natloral) Fboed Back. httsgraled Headund In Both Occupant Positions, Vinyl, wlth Under Seat Stomp Campartrnent WINDOW, MANUAL (2) and Watual Door Locos, Lett and fttd Doors FRAME RAILS Hest Treated Allay Steel (120,000 PSI Yie410.126"x 3.W x 0.312" (267.2mm x 80.8mm x 8.0mmX 460.V (11684mm) Maximum OAL BUMPER. FROM' Contoured, Steel, Pointed Gloss Back TOW HOOK, FRONT (2) Frame Mounted WHEELBASE RANGE I (340cm) Through and InoWding 1ST (600cm) BRAKE SYSTEM, AIR Dual System for 23trelght Truck ApplkCHiarts ftwgudw BRAD LINES Color and Size Coded Nylon DRAIN VALVE TwA*Type : GAUGE. AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located In tastrument Cluster PARKING BRAKE CONTROL Yellow Knob. on Instrument Panel PARKING BRAKE VALVE For Tnudk 4 Fat Tat Wt (1b8) 00) Ol0 0 fro 1 610 6 0M 0 010 O -131-6 48 34W 71 010 0 3GM 40 170 010 0 8f0 8 76/7S 0 -40 Proposal: i8087-01 28 of 302 INTERNATIONAL° vabWksommAgna Dacembar 20,1022 2U4 It!M7 SSA (MV607) radl FJR 19LM Rba) Me) .QUICK RELEASE VALVE On RearAxle for Spft Brake Releaee; l for4x2.2 for 8x4 : SPRING BRAKE MODULATOR VALVE R-7 for 42, SR-7 with relay valve for &AIM 4GBM BRAKE. PARK114 3 Manual Push-Pul PnsumaUo Paddng Brake Of0 0 4A7A AIR BRAKE ABS (Bendk An2A3ok BrWm ByWem) 4-Channel (4 Seneor/4 9/21 30 Modulator) Full VehWe Wheel Control System 4XDC BRAKES, FRONT Werhor ISX4 Q.PLUS CAST) Atr S-Cam Type, Caul Spider, 77/0 77 Fabricatad Shoe. Double Anchor Pdt, Sbm l8" X 40.13,=)4b Capacky 4EXP BRAKE CHAMBERS, FRONT AXLE Mwdix) 20 Scgln 18/0 18 4LAG SLACK ADJUSTERS, FRONT (Gw to)Autametb 1410 14 4XDR BRAKES, REAR Parttor 18= Q-PLUS CAM) Atr S-Cant Type, Cast Spider, 01185 195 Fabricated Shoe. Double Anchor Pin, Sme 18,5" X T. 23,0004b CBpadty perAxle 4EXU BRAKE CHAMBERS. REAR AXLE (Berrdix EverSure) 3= Wn Sp ft Brake CAW 39 4LGG SLACK ADJUSTERS. REAR (Gunnel AutomaUC 0/14 14 4SPA AIR COMFRESSflR (CurrrmIna)18.7 CFM 3711 38 4EDN AIR DRYER Pan& AD41S} wkh Heater, Includes Safety Valve 191-2 17 4VLE AIR DRYER LOCATION Mounted Inolde Englne Compaftani, RlghtSlde Oro 0 4VKJ AIR TANK LOCATION (2) Mounled Under Battery Box, Outstda Left Ralk Back of 24133 57 Cab, Perlmdoular to Rat! 4722 DRAIN VALVE (Benda OV-4 Automate, wfth Heater, for Air Tank 210 2 4619 TRAILER CONNECTIONS Fcur-WhaA with Hand Control Valve and Trader 110 1 Protection Vd^ for Straltnt Truck Mfta : When eler etab V control ie ordered with Ueow conrreWane on a 4r2 h mk plcm dmck the operator manual br Rafter weight restr clIa . STEERNG 6PSA STEERING GEAR (Sheppard M100) Poorer 2" 22 8708 STEERING COLUMN TMV 14/2 18 SLAW STEERING WHEEL 443pake; is- Die.. Black 0/0 0 DRiVELINES BDOB DRIVELINE SYSTEM (Dana 3pbm) SPL140. for 4x2/8x2 Oils 24 EXHAUST SYS TEMS 76LV E MUST SYSTEM Hortrantal Nberbeetment 3yMem. Frame Mounted RWO Side 88r-7 51 Under Cab, for 8ln& Strom Harixontel Tag Pipe, Frame Mounted Right Side Bank of Cab 7BEV Ar r cm r rwATMENT COVER Steel. BW* 10/3 13 ELECTRICAL SYSTE S 6 Preposah 19087.01 29 of 302 I NTE RNMIUNAL° Vmbkla finagmafts Deeermbar 20, 2022 2M d11Va07 SBA (MVOM 22" FIR Tat Wt 8000 ELECTRICAL SYSTEM 12-Vitt, Standard Equlpnmft Of0 0 !tom :DATA LINK CONNECTOR For Vehicle Programmfrt9 end Diagnostics In Cab : HAZARD SWITCH Push Or~ Off, Located on Instrument Panel to RVd of Skr{ng Wheel : HBWUGHT DU MER SWITCH Integral with Turn SW* Lover : PARKING LIGHT htiegral with Front Turn SIVW and RearTd Light : STARTER SWITCH Electric, Key Opted : STOP, TURN, TAIL & M LIGM Duel, Rest. CombEnauOA with Ref eoW :TURN SIGNAL SWITCH SOPCorm tg tar TrucRa. Manual Cencalft for Tr dDW wf1h Lena Change Feature : TURN SIGNALS, FRONT Ittct<rdes Reflectors and Auxiliary :fie Turn RigI , Solid State Flashers: Flush kAounted : WINDSHIELD WIPER SWITCH 2-Spead wtlh Wash and Incur ftnt Feature (5 Pre -Set Delays), Integral with Turn Signal Lever : WINDSHIELD WIPERS SMgle Motor, Elecirlo, Cowl Mounted : WIRING, CHASSIS Color Coded and.Contirptotrsly Numbered 8WXD ALARM, PARKING BRAKE Etec is Ham Scrums In Repatillve Meitner When 010 0 Vehicle Paris Stake is "NOT° Set, with %rclion "DOFF' and arty Door Opened am ALTERNATOR (l.eeoe-Neyft AVI1e0P2013) Brush Type.12 Vat 160 Arnp IN 0 Capacity, Pad Mount with Remote Serve 8RPP ANTENNA Shot Fin. Rod Mounted 110 1 8THB BACK41P ALARM Eh dric,102 dBA am s 8VUL BATTERY BOX Steel, with Plastic Cover,1W Wide, 2.4 Battery Capacity, Mounted AM 8 nett Side Back of Gob em BATTERY SYSTEM (FlastUe) Malntenanos-Fra% (3)12 Valt 198000A TataL Top 23130 53 Threaded Shod 8HAE BODY BUILDER WIRING Rear of Frame; lrtcludes Seated Conrogms for ThIV Of3 3 Amber Tu mlMarlrec! BsclarplAccemmy Power/Ground and Sealed Carawder liar StoplTum 8XAH CIRCUIT BREAKERS Mans -Reset (Main Panel) SAE Type III with Trip 010 0 lndlcators, Replaces AD Fuses 8518 CIGAR LIGHTER Includes Ash Cup 110 1 BXNZ HEADLIGHTS Halogen, with Daythne Running Ughts ofo 0 8WR8 HEADLIGHTS ON WIWFERS Heat ft to Will Automatically TUm on a W[ndsldoW am 0 Wipers ate framed an BXHN HORN. AIR Single Trumpet, Black with Lanyard Pull Cord 310 3 ME HORN, ELECTRIC (1) Trumpet Slyle 010 0 8W WJ INDICATOR. LOW COOLANT LE1/EL with AAWUWa Aisrm wo 0 8XHR POWER SOURCE, ADDITIONAL Awdlery Power Outlet (APO) wf h LISS Port, 110 1 Located in the Instrument Panel 8RPT RADIO AIVIIFM/WBICt dWW InputlAwdlary (input 310 3 8RMV SPEAKERS (2) 6Z' Due) Cane Mounted in Doors Ism 6 8WTK STARTING MOTOR {Defeo Remy 36MT Type 300)12 Vdt, Lass Tlmrnaf Over- 8/0 8 Crank ProkmAlon e Proposals. 1908741 30 of 302 INTERNATIONAL• Vehicle Ammcatlans Deoember20.2022 2024 MVW SBA (MWM 29a Descrlittan FIR Yfft IR ■■• me) OS) awn TEST EXTERIOR LIGHTS Pre -Trip Iran will Cycle al Exterior Lamps Except 0%o 0 Li$ht3 OTMG TRAILER CONNECTION SOCKET (Ptd1ps) 74ft, Moueted at Rear of Frems, 017 7 Wired for Turn SWgft Combined wlfh Stop. Compattbie with TWers with CombIned Stop, Tall, Tim Lamps FROM' 1M 9wsw FROM' END TrMft Ftberglwe, with Thee Piave Cortctlan, Dual Air UdWm 010 O 9VVBN FENDER EXTENSIONS Painted 010 0 9HCW GRILLE Mottled In Slade 0/0 0 9AAB LOOM EXTERIOR Abodes Badges 0M 0 9AAE LOGOS EXTERIOR, ENGINE Badges cm 0 OMETEIt.TO0L8 NM 10AGS COMMUNICATIONS MODULE Telematlea Device with Over the Air Programming; 0/o 0 Inchdes Flue Year Date Pfen end InImnational 380 IOWKN KEYS - ALL ALIKE,101-1824 Ccmpa*te wfth Z 250 OFO 0 10WU£ MUD FLAPS, FRONT WHEELS (2) Rtdrber, Mounted on Fender Extenslan 12fO 12 10080 PAINT SCHEMATIC. PT-1 Single Cotor. Design 100 Ot0 0 In : PAINT SCHBAATtC ID LETTERS °VYP° 10781 PAINT TYPE Base Coat/Claar Coat, 1-2 Tone 010 0 FUELTANKS 168RE FUEL TANK Top Draw, Non-IaOshed Abrdnum, D-SW,19' Tank Depth, 50 US 100 29 Geed 0691.1 Mourttgd Left Side, Under Cab 15VVDG GEF TANK 7 LiS Gal (28L) Cyr, Frame MomUed Outside Left Rail, Under Cab am 0 15LMR FUEUWATER SEPARATOR (Raw 400 SeAes j with Primer Pump, intduudss 010 0 Wahuqn-Fuel Sensor 15LRE LOCATION FUSIMATER SEPARATOR Mounted Under Hood, Lett Side, Above 010 0 Front Axle WHEBLS,T(RE.S-FRONT 27 WHEELS, FRONT {Mmdoa 91641) DISC; nXx9,25 Films, Painted Staei, 2-HoW 0/0 0 Hole.10-61W, 265.75mm 80, Hub-PSoted. Flanged Nut, with $Gael Hubs 7372135443 (2)TEM FRONT 11 R22.6 Load Range G ECOPLUS H83+ (CONTINENTAL). 495 58f0 58 re%*WW, 75 MPH, AMNn t6on WHEELS, TIRES - REAR 260,1M WHEELS, REAR (Maxian 91541) DUAL DISC,, 22.5raW Rims, Painted Steel, 2- 01-24 -24 Hand Hole, 11 Stud, 285.75mm BC, Hub-Plicted, Flanged Nut, with Steal Hubs 7 Propoeaf:18037-01 31 of 302 INTERNATIONAL° vahtdo @B2dj0U= Deter 20.2= 2024 MV80T SBA (MVGWI 999 Descrindan 7382135M (4) TIRE, REAR 11R22.5 Load Range H HD12 (OONTINENTAL� 493 revImb, 75 MPH, Drive WHEELS 11f18C OPTIONS 29PAR PAINT (DENT". FRONT WHEELS Disc Front Wheels; wUh Vendor AMM WNW Powder Cast Pabd 29PAS PAINT (DENTITY, REAR WHEELS Disc Rear Wheels; with Vendor Apow White Powder Coat Palm 29WLK WHEEL BEARING, FRONT, TUBE W Oard FE-76W4W) SW&t Bo 01 Cab schematic 100WP Loca;tcn 1: 9219. Wh Ior Whge (MM Chassts achenatio WA Services Seaton: L Ty=- A-" 40129 WARRANTY Standard for MV Series, Ettsafte wEth Vehioles Built July 1, 2017 or Later. CTS-20M Total CmMma rd Woo l: BodyfAlOed E"mont �!Dandodon 1 10 7yd dump body wb tarp - Total Body Allied: Goods Purchased Q& In SALE 08) (me) 01132 132 Of0 0 8ST313T10 10Si3S EN W1 Tat 010 0 on 0 Sbrobe Llohts. 010 0 F8A fees 010 0 Steel surcharge 010 0 Total Goods Purchased: 010 0 The weight csbdettons included to We proposal are an estimate of Um vehiate w*hL The adW welghtae mmeulhowred may be d0berent from the esthnated weight. Navistar, Inc. shed not be 0eble fm any consequences resul ft from any dKerences between the estimated weight of a vehIcle and the actual weWiL 8 Proposal:1908T-01 32 of 302 Protecting, i eading & Uniting..,since 1893 FLORIDA SHERIFFS ASSOCIATION now 2617 M?han Qrke, TaIlahasscc, Florida 3230E F.O. Box 12519 � Tallahassee, Florida 32317-2519 Other Agencies & Organizations Florida Sheriffs Association Cooperative Fleet Bid CIPPEFISheriffs.org p: (850) 877.2165 f. (850) 878-8565 c:r;�:.Ilsheriffs.org IB � INVITITATION TO BID ADVERTISEMENT; FSA22-VEH2O.0 — Heavy Trucks & Buses The Florida Sheriffs Association invites interested bidders, including manufacturers to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the Contract Administrator in the solicitation process and the administration of the'resuiting contract. The purpose of this bid is to establish a twenty-four (24) month contract, beginning October 1, 2022 and ending September 3D, 2024. The Florida Sheriffs Association invites interested bidders to submit bids. Refer to the Bid calendar for major bid tasks, activities, and dates. All prospective bidders are required to attend the MANDATORY Pre -Bid Meeting. BID CALENDAR ITEM DATE Bid Announcements 5/17/22 & 5/31/22 Mandatory Pre -Bid Meeting FSA22-VEL30.0 7/13/2022 FSA Bid System Training 7/19/2022 Bid System Opens 8/4/2022 Bid Submissions Due 8/25/2022 Public Bid Opening 8/26/2022 intent To Award Posted 9/16/2022 !Affective pate Of New Contract 10/1/2022 Bid Submittals will be received via VendorLink an online platform by August 25, 2022. Optional bidder training for this platform will be July 19, 2022. This contract shall be awarded to the lowest responsive bidder by item bid. Multiple awards may be given. Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening unless otherwise agreed to by the FSA. Bidders are hereby advised that the Florida Sheriffs Association reserves the right to reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serve in the FSA's best interest. The FSA may also reject any bid not submitted in the manner specified by the solicitation documents_ Bookmark our website to stay up to date on the latest bid announcements. 33 of 302 A tfltilTFSitf6CtAflONFEORID •t FSA22-VE H 2O.0 Item Group Descriptions The following items will be factory installed on the base vehicle/equipment to meet the model number and build codes of the vehicle listed. Item Group: • Cab And Chassis Trucks: 25,500 Lb. GVWR (DRW) 42 FSA Item Group Description • Standard Manufacturer Equipment and Specifications, plus the following if not already included in manufacturer standard equipment and base specifications: • ENGINE: Diesel engine, minimum 200 HP. • TRANSMISSION/AXLES: Ali axles, synthetic lube; Manufacturers standard automatic transmission or approved equivalent (with PTO provision); Front and rear axles and suspension must meet minimum GVWR of 25,500 lbs. • COMFORT ITEMS: Manufacturer's standard AM/FM stereo; Air Conditioning; 2 — Keys and/or fobs; Heavy duty rubber floor covering. • SAFM ITEMS: Dual mount outside mirrors must provide a field of vision for vehicles to 102" width and convex mirrors. BRAKES: Factory air brakes; ABS brake system, + TIRES AND WHEELS: Manufacturer standard tires and wheels rated for 25,500 lb, GVWR. + CHASSIS, FRAME, CAB: Minimum 25,500 lbs. GVWR; Cab & chassis only; Manufacturer's standard front bumper; Factory front tow hooks; Fuel tank capacity, 45 gallons minimum; Cab to center of rear axle - 84" approximately. 34 of 302 8l23122, 1:20 PM Bid Award Contract: FSA22-VEH2O.0, Heavy Trucks & Buses Group: CAB AND CHASSIS TRUCKS; 25,500 LB GVWR (DRW) 4X2 Item: 84, International, MV, 607 Award RapW Zone Rank Vendor Price Percent: Build File Optlons File Western Primary Cumberland International Trucks of Florida $72.500,00 0.00% Build Options Northern Primary Cumberland International Trucks of Florida $71,500.00 0,00% Build options Central Primary Sun State Intemational Trucks $71,487.00 0.00% Build options Alternate Cumberland International Trucks of Florida $71,500.00 0.00% Build options Southern Primary Rechtien International Trucks $71,284.00 0.00% Build Options h*sJMmw.myren*winiL=nVdaffrstalf a"Mmponzonenoopftnsmpx 571106 35 of 302 CONTRACT SIGNATURE FORM By submitting a response to this Invitation to Bid and signing this form, the bidder declares that he or she has read, and the company understands, accepts and will comply with the terms, conditions and specifications of this bid and any addenda issued. The failure or omission to review this document shall in no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid. The bidder further declares that no other persons other than the authorized agent herein named has any interest in this bid or In the contract to be taken, and that it is made without any connection with any other person or persons making proposal for the same article, and is In all respects fair and without collusion or fraud. The bidder further declares that they have carefully examined the specifications and Is thoroughly familiar with Its provisions and with the quality, type and grade of materials required. The bidder further declares that they have provided a discount on all factory options Included In this bid, and such discount will be included in all purchase orders. The bidder further declares that the company understands the financial responsibility associated with this bid as stated and further declares that it has the ability to meet the financial responsibility associated with this bid. The bidder further declares that the company will furnish the items awarded for the price bid. FSA Contract (dumber FSA22-VEH20.0 D Bidder Company Name Cumberland International Trucks Of Florida LLC Business Address 2110 S Division AVE Orlando FL 32905-6339 Name of Authorized Agent Chuck Calhoun Email address of aut 'zed agent ccalhoun@citte.com Signature Date 08/08/2022 ❑ 141 FSA Contract Number FSA22-VEH20.0 Bidder Company Name Cumberland International Trucks Of Florida LLC 36 of 302 �R=- QUALIFICATIONS FSA Contract Number FSA22.VEH2O.0 13 Contact Information Bidder Company Name Cumberland international Trucks Of Florida LLC Parent Company, if applicable Business Address 2110 5 Division AVE Orlando FL 32905 6339 The individuals below will be the point of contacts for FSA during the bid process. if awarded the bidder will need to complete an online contact form to provide FSA staff with the appropriate contacts for servicing this contract. Primary Contact (Authorized Agent) Chuck Calhoun Name Title Fleet Manager Phone number 407.466.1074 Email ccalhoun@cftte.com Secondary ContactSally Wilson Name Title Fleet Manager Phone number 352-355.8793 Email swilson@cltte.com Business Profile Federal Employer Identification Number (FEIN) 59-3474821 State of Incorporation Florida Length of Time in Business (Years) 2 In Florida Check: ❑Manufacturer 'Dealer If dealer, are you an authorized/certified dealer for the manufacturer of the products that you will be bidding on? 'Y — 1 No Select the applicable boxes ❑Individual ❑ Partnership ❑Corporation i LLC ❑ 5 i FSA Contract Dumber FSA22-VEH20.0 + Bidder Company Name Cumberland Inkernatianal Trucks Of Florida LLC 37 of 302 /iLORIDA emuia�swuw TI.;MV Does the bidder meet the requirements for arty of the following designations? WMinorlty Business Enterprise (MBE) Wisadvantaged Business Enterprise (DBE) BWomen Business Enterprise (WBE) BSmall businesses Enterprise (SBE) References Provide three references from contracts of comparable size and scope. If bidder does not have experience of comparable size and scope, business references may be provided. OSelect if bidder is currently an FSA awarded vendor. References not required fur current vendors. Contracting Entity Term of Contract Is this a government fleet sales contract Dyes ©No Select type of reference (select all that apply) Select reference Contracting Entity Term of Contract Is this a government fleet sales contract ❑Yes (_1 No Select type of reference (select all that apply) Select reference Contracting Entity Term of Contract is this a government fleet sales contract ❑Yes L` No Select type of reference (select all that apply) Select reference Disqualifications & Defaults List the contracts the bidder has been disqualified, terminated, or found in default on within the last five (5) years, Explanations must be provided. Contracting Entity Date of occurrence Is this a government fleet sales contract Dyes i INn The bidder was (select all that apply) Select type Explanation of disqualification, termination, and default. FSA Contract Number FSA22-VEH2O.0 T Bidder Company Name Cumberland International Trucks Of Florida LLC 38 of 302 Contracting Entity Date of occurrence Is this a government fleet sales contract ❑Yes ❑No The bidder was (select all that apply) Select type Explanation of disqualification, termination, and default. Contracting Entity Date of occurrence Is this a government fleet sales contract ❑Yes JNa The bidder was (select all that apply) Selecttype Explanation of disqualification, termination, and detautt. Warranty Service Plan The bidder attests that: ®The organization maintains a repair facility within the State of Florida to provide warranty service. ❑The organization does NOT maintain a repair facility within the State of Florida. if not: Does your organization have a Warranty Service Plan to service Florida purchasers if awarded the contract? ❑Yes L IM ❑ 7( a. FSA Contract Number FSA22-VEH20.0 • Bidder Company Name Cumberland International Trucks Of Florida LLC 39 of 302 Emergency Vehicle Technician (EVT) Certification Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification. FSA may request certificates for a vendor's installers at any time during the contract term. For vehicles that are manufactured with emergency lights and sirens, including motorcycles, bidders may not charge For labor. LJ The bidder attests that emergency light and siren installations are only done by installers that possess a current Emergency Vehicle Technician Certification. fSA Contract Number FSA22-VEH2O.0 ❑ �� Bidder Company Name Cumberland International Trucks Of Florida LLC 40 of 302 FLORIDA COMPLIANCE The following items are required and governed by Florida statute. E-Verify Per public employers, bidders, and sub -vendors must register with and use the E-Verify system operated by the U.S. Department of homeland Security to verify the work authorization of all newly hired employees. As the representative for Cumberland International Trucks of Florida LLC , I hereby attest that (please choose one): ®Yes, our organization meets the Florida requirements for E-Verify. E]No, our organization does not meet the Florida requirements for E-Verify. Workers Compensation Per Florida Statute Cha: ter 440 employers must provide workers' compensation Insurance for their employees. As the representative for Cumberland International Trudy Of Florida LLC ,1 hereby attest that (please choose one): ®Yes, our organization meets the Florida requirements for Workers Compensation. ONo, our organization does not meet the Florida requirements for Workers Compensation. Drug -Free Workplace The bidder attests that they operate In accordance with (Drug -Free Workplace), to make a good faith effort to maintain a drug -free workplace through Implementation of best practices Identified below. • Publish and provide 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. • Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Notify employees, that as a condition of working on the FSA contract, 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 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. ❑ 4�I� FSA Contract Number FSA22-VEh20.0 • Bidder Company Name Cumberland International trucks Of Florida LLC 41 of 302 FEORlDA 7101nYpPrt+ 4, As the representative for Cumberland International Trucks Of Florida LLC I hereby attest that (please choose one): PRYes, our organization meets the requirements of a drug -free workplace. ❑No, our organization does not meet the requirements of a drug -free workplace. Motor Vehicle Dealer License To sell or distribute motor vehicles in the state of Florida bidders must possess the appropriate Motor Vehicle Dealer and Brokers license as outlined by the Florida Department of SThe bidder possesses the appropriate Motor Vehicles Dealer license. OThe bidder does not possess the appropriate Motor Vehicles Dealer license. 0�� it FSA Contract Number fSA22-VEH20.0 El Bidder Company Name Cumberland International Trucks Of Florida LLC 42 of 302 /FlORIOA UURlAUAOt1 1 FEDERAL COMPLIANCE Bidders have the option to attest and agree to comply with federal regulations, allowing for the acceptance of federal grant dollars. By complying with these regulations, purchasers may be able to purchase items from the vendor using state or federal grant funds. This is encouraged; however, not a requirement of the bid. As the representative for, Cumberland International Trucks Of Florida LLC I certify that my organization (please chose one): iRwlll comply with the requirements for the procurement of rolling stock and materials included within the FSA CPP Terms & Conditions Appendix D regarding federal and state grant compliance. i—vill not comply with the requirements for the procurement of rolling stock and materials Included within the FSA CPP Terms & Conditions Appendix D regarding federal and state grant compliance. l understand that this means purchasers WK not be able to order my products using federal grant funds. Bidder Company Name Cumberland international Trucks Of Florida LLC Name of Authorized Agent Chuck Calhoun Business Address 2110 S Division AVE Orlando FL 3280S-6339 Signature JA444, eaA" Date 08/08/2022 Debarment and Suspension 'Required for bidders opting -in for federal compliance This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the bidder is required to verify that none of the bidder'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 § 280.935). The bidder 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. This certification Is a material representation of fact relied upon by the Florida Sheriffs Association. If it Is later determined that the bidder did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the Florida Sheriffs Association, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder 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. ❑ 111P FSA Contract Number FSA22-V8H20.0 Bidder Company Name Cumberland International Trucks Of Florida LLC 43 of 302 uw�uwF LORIDA me� Whe bidder hereby attests that it will comply with the requirements of 2 CFR Part 180 and 2 CFR Part 3000. Bidder Company Name Cumberland International Trucks Of Florida LLC Name of Aut z Agent hock Calhoun Signature Lobbying Certification for Contracts, Grants, Loans and C0elpoi otive. Agiee,rnen15 'Required for bidders opting -in for federal compliance No federal appropriated funds have been paid or will be paid, by or on behalf of the bidder, 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. 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 bidder shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," In accordance with its Instructions. The bidder shall require that the language of this attestation be included in the award documents for ail 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 attestation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who Fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 12� 3c. FSA Contract Number FSA22-VEH2O.0 El Bidder Company Name Cumberland International Trucks Of Florida LLC 44 of 302 The bidder attests the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the bidder understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any- BThe bidder hereby attests that they understand and agree to comply with the provisions of 31 U.S.C. § 3801 et seq. Bidder Company Name Cumberland International Trucks Of Florida UC Name of Authorized Agent Signature 0'1'""'"' Chuck Calhoun OaA- FSA Contract NuFSA22-VEH2O.0 Bidder Company Name Cumberland International Trucks Of Florida LLC 11 13 1 45 of 302 CONTRACT SIGNATURE FORM By submitting a response to this Invitation to Bid and signing this form, the bidder declares that he or she has read, and the company understands, accepts and will comply with the terms, conditions and specifications of this bid and any addenda issuer!. The failure or omission to review this document shall In no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid. The bidder further declares that no other persons other than the authorized agent herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons ma king, proposal for the same article, and is in all respects fair and without collusion or fraud. The bidder further declares that they have carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of materials required_ The bidder further declares that they have provided a discount on all factory options included In this bid, and such discount will be included in all purchase orders. The bidder further declares that the company understands the financial responsibility associated with this bid as stated and further declares that it has the ability to meet the financial responsibility associated with this bid. The bidder further declares that the company will furnish the items awarded for the price bid. FSA Contract Number FSA22-VEH2O.0 El Bidder Company Name Cumberland International Trucks Of Florida LLC Business Address 2110 5 Division AVE Orlando FL 32805-6339 Name of Authorized Agent Chuck Calhoun Email address of aut 'zed agent ccalhoun@citte.com Signature Date 08/0812022 14 1 FSA Contract Number FSA22-VEH2O.0 El Bidder Company Name Cumberland International Trucks Of Florida LLC 46 of 302 FLORIDA MANUFACTURER'S AUTHORIZATION 'b;° FSA Contract Number: FSA22-VEH2O.0 �� Cumberland Intemational Trucks Of Florida LLC is the manufacturer (Vendor/Bidder's Name) or a authorized dealer of Navistar Inc. / International (Manufacturer/Brand Name) in the State of Florida. By: Manufacturer Name: N"star I= I IntemMonal Address: 2701 Navistar Drive City, State, zip: Lisle, IL 60532 office Phone: (331) 332-2469 Mobile Phone: E-mail: drsw.downs(­:?navistar.com Signature: Title: Smiles Director PLWE NOTE: This form must be executed by an authorized employee of the manufacturer ONLY, Dealers/Representatives are not authorized to execute this form on behalf of the manufacturer. The manufacturer must execute this authorization form even if they are offering tWr own products. Failure to submit this authorization form with your bid as required shall resuft in the dlsquallfication of the response. 47 of 302 ROADS 2022-2023 BUDGETED VEHICLES SUMMARY BUDGETED AMOUNTS Concrete Truck $376,000 Brush Truck $115,000 Dump Truck $142,000 Bucket $190,000 fTOTAL BUDfiETLLOWABLE 1$823,000 DIFFERENCE FROM LOWEST QUOTE PRICE JBUDGET $310,325 $65,675 $121,543 ($6,543) $184,500I ($42,500) $158,219 $31,781 $774,587' $48,413 BUDGET REMAINING (can accommodate Freight) 48 of 302 dIYOF S N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetin Date: March 8, 2023 Agenda Item Title: Purchase of 2023 AxionLift Bucket Truck Recommendation: This is a Piggyback Purchase of one -(I) 2023 AxionLift Bucket Truck from Bartow Ford under the Charlotte County Contract #2021000541 for the Roads Division Background: This recommended piggy -back purchase is for the purchase of one-(1) 2023 AxionLift Bucket truck for the Roads Division. The Roads division currently borrows the Facilities bucket truck in order to cut back Right -of -Ways for vehicle line of sight. The Roads division is looking to purchase their own in order to allow for more timely maintenance. Per IAW Section 1.210 (c)(2) "the purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section". The Charlotte County Contract meets this standard. Attached with this transmittal are the vendor quote and the Charlotte Contract documents for your review and consideration. As the cost came in lower than the originally anticipated estimate, and we are looking to utilize savings to help other vehicle purchases fall within budget. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $190,000 Total Cost: $158,219 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Funds Attachments: 1. Bartow Ford Quote Providing Discounts 2. Axionlift Materials 3. Charlotte County "Piggyback" Approval Letter 4. Charlotte County "Renewal" Approval Form 5. Charlotte County Notice of Acceptance 6. Charlotte County Agenda Item Summary & Source of Supply/Bid Tabulation 7. City Code Section 1.210 (c)(2) Administrative Services Departme Revie City Attorney Review: J Procurement Division Re ew, if pplica 17 City Manager Authorization: Date: l� c 49 of 302 February 20, 2023 ul"Fow INTFCRVn'•TR11ST,l10NESTV 41esr JA�ef City of Sebastian T. Alan Clarke F4G 2023 F-450 Chassis 4x2 SD Regular Cab 169" wB DRW XL 99N 7.31- 2V DFVCT NA PFI V8 Gas Engine 44G 10 Speed Automatic Transmission X81- Limited Slip w/4.88 Axle Ratio 96V XL Chrome Package 6U 6-Ton Hydraulic lack 67B 41.0 Amp Dual Alternators 18B Platform Running Boards 872 Rear View Camera & PreD Kit 43C 120V/40OW Outlet Factorti, Invoice $48,908.00 Government Price Concession Discount_ I $300.00 4.06% Contract Discount $1,973.48 Axion AT4313i Telescopic Articulating Aerial Devise with 400# Capacity, Insulated 46kV Category C, Hydraulic Tool Circuit at Platform, Engine Stop/Start at Platform, Joy Stick Controller, Hydraulic Out Riggers, Bumper Mounted Rear Step, 132" Service Body with (1) Shelf in each Compartment, Install Factory Back Up Camera, 2.5" Receiver Flitch, Whelen 56" $111,449.00 DUO Full Arnber/White Lightbar (2) Whelen DUO Amber/White Thin ION's Mounted in Grill Area, (2) Whelen DUO Amber/White Thin ION`s Mounted in Rear, Spray In Bedliner to Cover Bed, Bulkhead, Tailgate, Side Walls & Tops of Boxes $0.00 Window Tint $135.00 Pricing in accordance with the Charlotte County contract * 2021000541 If you have any questions or need any additional Information please feel free contact me anytime, Sincerely Yours, Richard Welssinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North Bartow, Florida 33830 50 of 302 A a)uMo lift LEADING SIDE REACH Quality Managment System certified by TOV Rheinland. AXIOM is a company commhed to quality. ISO 00ASMKJRMQUM L AT AERIAL LIFTS rol s, , . axionlitcom 51 of 302 axianfift fff AERIAL LIFTS TELESCOPIC ARTICULATING AERIAL DEVICES GENERAL SPECIRCATIONS Working height' 44.3 ft/ 13,5 m Ground to bottom of the platform 39.4 ft 112,0 m Maximum side reach 25.6 ft / 7,8 m Maximum side reach with 180' hydraulic platform rotation 26.6 ft 18,1 m Stowed travel height' 102 ft / 3.1 m Hydraulic boom extension 8.2ft/2,5 m Platform capacity 2J3 300 lb - 400 lb / 136 kg -182 kg Platform dimensions 30 x 24 x 42 in / 770 x 620 x 1070 mm Rotation 360° continuous infinite REACH DIAGRAM AT4313 a; a 39 3; M 30 27 24 21 r 15 15 12 9 6 3 Il 12 9 6 3 0 3 5 9 12 15 1B 21 24 27 30 STANDARD FEATURES Manual emergency pump Emergency stop valves at the upper and lower control stations End -Mount platform Lower controls with override to the platform OPTIONS Insulated 46 kV Category C Chassis Insulating System [Lower Booml Platform 24x24x42in/610x610x1070mm Capacity: 300 ib 1400 ib [136 kg / 1B2 kg) Hydraulic too] circuit at platform Engine Start/Stop at platform Device against accidental operation at the platform ISafe Control System) Hydraulic Platform Leveling System Hydraulic Platform Tilt Gear box + slawing drive rotation Hydraulic oil level and thermometer Self-lubricating bushing Leveling system and hoses fully embedded inside booms Holding valves integrated in hydraulic cylinders AXION meets or exceeds ANSI A92.2 standards Certified under ISO 2001 by TOV Rheinland 180' Hydraulic Platform Rotator Outrigger motion alarm Liner Outrigger Boom Interlock System Joystick (Fully metered single handle upper control) Electric emergency pump at platform "A" frame ouriggers Vynil platform Horometef Wheel chock Inclinometer Mounting brackets & stationary set-ups 1. Based an a chassis framo height e140 in (1a16 mml. Z According to rsNde's GWl.3. Rarnrrarrendad 3lnple platfpm. ARION resem the right to make impprovements. Ma'.edal and spedncauons are subiecl to change whhout rates. AxiON logo ere registered trademarks of AXIONLIFTILC and various other countries and may not be used without pemdssion. F70D4M 52 of 302 February 28, 2023 City of Sebastian 1225 Main Street Sebastian, FI 32958 Attn: Don Wixon, Procurement/Contracts Manager Dear Mr. Wixon: Per your request, please accept this letter as authorization from Charlotte County for the City of Sebastian to "piggyback" Bid #21-541, Vehicles —Annual Contract. It is understood that the City of Sebastian will establish its own contract with the successful bidder(s), place its own orders, be invoiced therefrom and make its own payments to the successful bidder in accordance with the terms of the contract established between the City of Sebastian and the successful bidder. It is also hereby mutually understood and agreed that Charlotte County is not a legally bound party to any contractual agreement made between a successful bidder and any local entity other than Charlotte County Board of County Commissioners. If you have any questions, please feel free to contact the Charlotte County Purchasing Division at 941-743-1374. Sincerely, 1't Ga tl�RrL�u_ (? 24e&7 Kimberly Corbett, C,P.M., CPPB Senior Division Manager — Purchasing /at PURCHA-1, s: 18500 Murdock Circle, Suite 344 1 Port Charlotte, FL 33948 Phone: 941.743.1374 1 Fax: 941.743.1384 53 of 302 Charlotte County Purchasing Ir Administrative Contract Renewal Approval Form Vehicles -Annual Contract Contract M. 2021000541 Awarded By: Original Term: From: Re newal Te rm: Award 9/14/2021 Date: Board of County Commissioners 10/1/2021 To: 9/30/2022 10/1/2022 From: Description & Background of Contract To: 9/30/2023 This is an anuaI contract with Bartow Ford for the purchase of that allows forthe purchase of Ford vehicles on an as needed basis using a percentage discount of 4.27% off of the Ford Factory Invoice, and a percentage mark-up of (M on dealer instal led opt! ons. On September 14, 2021 when the Charlotte County Board of County Commissioners formally approved the award of thls contract, the Board also authorized the CountyAdml nistratorto approve renewal optionsforup to two additional one-yearterms, at the same prices, terms, and conditions. In accordance with the contract documents, this contract can be renewed forone additioal year underthe same prices, terms, and conditions as the original contract. The term will be from October1, 2022 through and including; September 30,2023. Contract 5pedal ist: True, Alisa Phone: 941-743-1549 Email: Alisa.True@chadottecountyfl.gov Fax: 941-743-1384 By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Richard Weissinger Requested By: Bartow Ford Signature: thefordtruckguy@gmail.com Fiscal Revlewe d By: Department Approved By: Purchasing Approved By: Administration Approved By: 1 54 of 302 Charlotte County Purchasing Administrative Contract Renewal Approval Form Vehicles -Annual Contract Contract M 2021000541 Award 9/14/2021 Date: Awarded By: Board of County Commissioners Original Term: 10/1/2021 To: 9/30/2022 From: Renewal Term: 10/1/2022 To: 9/30/2023 From: Description & Background of Contract This is an anuaI contract with Bartow Ford for the purchase of that allows forthe purchase of Ford vehicles on an as needed basis using ape rcentagediscount of 4.27% off of the Ford Factory Invoice, and a percentage mark-up of 0% on deaIe r i nstal led options. On September 14, 2021 when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Ad min istrator to approve renewaIoptions faruptotwo add Wonal one-yearterms, at the same prices, terms, and conditions. In accord a nce with the contract do cum ents,this contract can be renewed for one additioaIyear under the same prices, terms, and conditions as the original contract. The term will be from Octoberl, 2022 through and including September30, 2023. Contract Specialist: True,Alisa Phone: 941-743-1549 Email: Alisa,True@charlottecountyfl.gov Fax: 941-743-1384 By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Richard Weissinger Requested By: Bartow Ford thefordtruckguy@gmail.com Fiscal Reviewed By: Department Approved By: Purchasing Approved By: Administration Approved By: (when applicable) See Attached Signature: Daniels, Harold, Senior Financial Analyst-07/29/2022 Gutlerrez, Lorrie, Fleet Operations Manager - 8/1/2022 Alexander, Cher[, Acting Senior Division Mgr -purchasing 8/5/2022 Flores, Hector, County Administrator - 8/5/2022 55 of 302 Richard Welssfnger, Commerloal Fleet Sales BARTOW FORM 2800 US Hwy 98 North Bartow. FL 33830 RE: NOTICE OF ACCEPTANCE Dear W. V09minger: Thle Iet u shall serve as notiticatlon of of'icW acceptance by the Board of County Commisslonem of your Bld No, 2021000541, Vehicles — Annual Contract, with your firm. The acceptance of your bid, property executed by an authorised representative of the cornpany, oonsillulas a binding corftd. Your slgnah ne below represents your concurrence with and acceptance of the terrns set forth In this letter and bid submkwcl by your company on August 11, 2021. Plesse sign and return to this offlee by email a Purchase Orders villa be issued on an `as required" basis, and payment shalt be made In a000rdance with the LaW Government Prompt Payment Act of the Florida State Slahrtes. The contrad shall bsoome offec" krimodkbly and shell remain In full lbrce and affect through and frmdudirtp Septarnber 30, 2t?22, with option to renew for two additional one-year terms, by mutual consent. K you have any questlons or cancers, please do not hesitate to Contact Alien L. True, CPPB, Senlor Contract speewist, at 941.743-1540. Yarns truly, �D�Manaw q*4P.M. CpIPB 189nVor - Purchasltmg KACfat cc: He Awcr i r-v: Arc Rkhard Welasinger, Commarioai Fkid Sales Dabs: 09/21/2021 1850D Murdock Orde, Suits 344 J port Charlotte, FL 3394B Rhone: 941.743.1374 1 Fax: 941,743.1384 56 of 302 ti File#: 20212733 DEPARTMENT MAIGNG REQUEST Budget & Admin Services Charlotte County Agenda Item Summary Agenda DOW: 9/1412021 Title 21-541, Award, Vehicles -Annual Contract (Fleet) REOUESTED NOT1ONIACTION Cocoon "Im ChembMs, Room 118 IWo Murdock OnkF Port Charlotte. FL MIS 0tWttteC0WAYFL20v Agenda item #: 13. Recommended Action: a) Approve award of Request for Bids #21-541, Vehicles - Annual Contract to Bartow Ford, for a 4.27% discount off of Ford Factory Invoice, and a 0% mark-up on dealer Installed options. Tern of contract Is from October 1, 2021 through and including September 30, 2022; and b) Authorize the County Adrnlnistrator to approve the renewal options for up to two additional one- year terms, at the same prices, terms, and conditions, by mutual consent. This annual contract allows for the purchase of Ford vehicles on an as needed bans. Budgeted Action: No action needed. Purchases will be facilitated by Fleet, and then charged to the department as budgeted in the FY2022 budget process. BACKGROUND (Why is this Action Necessary, and What Action will be accomplished) Background: This is an annual contract that allows for the purchase of Ford vehicles on an as needed basis. Contractors bld a percentage discount off of the Ford Factory Invoice, and a percentage mark-up on dealer Installed options. Bartow Ford was the lowest responstvalresponsible bidder, which Is the highest discount. Paps 1 of 1 PdrTWd an DWO21 pcvernd by LegwtnrTl 57 of 302 ot s 5?, 0f 302 siv, INT EGIR,i TY■'Y'RUST-HONESTY _.. _ ShMX 1948 -lh'e'_re Different 6 We'll Prove Itl 8/ 10/2021 �'harlotte County Purchasing Division It iaiibcrly A• Corbett, C.P.M., CPPB Senior Division Manager - Purchasing 16 500 Murdock Circle roil Charlotte, Ff. 33948 R BID 2021000541, VEHICLIES — ANNUAL CONTRACT t'Je•.®w Ford will extend the Ford 5-year 60,000-mile limited powertrain warranty to 5-years, 100,000 miles can the following fleet vehicles for no additional charge; Model Year F-150 (Excluding Raptor) Model Year Super Duty (F-250 thrortgb F-600, pickups, and chassis cabs) Model Year F-59 Stripped Chassis Model Year F-53 Stripped Chassis Model Year Transit (Excluding E-Transit) Model Year Transit Connect Model Year E-Series 'Iris limited powrrUain warranty will be included In Bartow Ford's bid price for no additional charge. This ,�xiension applies to both gas and diesel powertrains. If you have any questions or need any additional information, please feel free to contact me any time. `- / { ►ice per. .tespectlully yours R ichard Weiseinger C omn-kercial Fleet Sales 59 of 302 BID FORM VEHICLES —ANNUAL CONRACT 1 010 140.2021080841 TO- Senior Division Manager • Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Pon Charlotte, Fl. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the RegLvW for Bids, Instructions to Bidders, Technical Specifications & Conditions, insurance, Safety & Heetth Requirements, Bid Form, and any other documentation for VEHICLES — ANNUAL CONTRACT and further agrees to furnish ao items listed on the attached Bid Form in acowdenee with the unit prices) submitted. The above sped and documents are herein incorporated Into the Bid Form and shall be defined as the contmet docu nertts. Please Note: For bid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for deatat' Installed options) submitted by each >btdder. These quantttles and descriptions are not actual and may vary considerably. They are only given as a means of determining I calattating the loosest responsive, responsible bidder. PERCENTAGE DISCOUNT OFF OF FORD FACTORY INVOICE (NEW VEHICLE PURCHASES) 4.27 96 PERCENTAGE MARK-UP ON DEALER INSTALLED OPTIONS 0.00 % Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to deliver (Including acceptance) nomral productfon vehicles and one hundred twenty (120) days to deliver (including acceptance) Vehicles with dealer installed options. NOTE: In accordance with Florida Statues, Section 119.071(1)(b)2: Sealed bids, proposals, of replies recaived by an agency uursuant to a competitive solicitation are exempt from a. 119.071(1A)2 and s. 24(a), Art. I of the State Constitution, exospt as provided by Florida Statutes 265.0518, until such time as the agency provides notice of an Intended decision or until 30 days after opening the bids, Proposals, or final replies, whiolmar Is earlier. Upon release of the intended decialon, If you Kash to obtain the quote results, you may, do so by visiting our Webalte at httg:Ilrun hagVy —d&c Ir gcogob ft W under `Purchasing Side Online', document number 216414. No information regarding the submittal will be divulged over the telephone. Name of Bidder: Bartow Fad Co (This Lorin to bs reftwoo Is Bid No. 2021000641 60 of 302 go SOURCE OF SUPPLY AND SUBCONTRACTORS The fvlioLving sources of supply and subc...1 &.,L , shell be used for the VEHICLES — ANNUAL CONTRACT' project. If biddar does not have a source of supply or subcor�Zm insett 'to be determined'. When a source at subcontractor Is determined, aeledlon will be subject to county approval. (ff not applicable, state WA). source of &** EMERGENCY & WARNING LIGHTING 8i~Dl.{NERS �. 2. TRAILER HfTCH _._. __.. UTILITY & STAKE BODIES 3. C E5 I7 130m .S a.L_IFTGATES __ TRUCK & VAN ACCESSOP31:8 5. LAP I TOPA� SERVtCb FF P rviAlvuAa 5 REAR MOUNTED CAMERA Subcontraoxs(s) f WHELEN i SOLINDOFF I FED SI G / NOVA / STAR FORD / DURA LINER / RKNlO LINNGS /J LiNEX 2. FPZD / DRAW TIGHT / REESE KNAPHEIDEI REARING / PREMIER 3. VE��jjjj1�RO I AUTO CRANE / LIFT MOORE KIdAPHEIDE I RUGBY / VENCO I GODWIN 4.T4Mf44Y GAS/ WALTCO MASTER RACK / RANGER t ARDIEN STEEL S. j T / JOTTO 1 GAMBE i NtL�lt PUbLISi 11NO THIS IS NOW A FACTORY INSTALLED ITEM DI; L* FREE WOR"LACE FORM The undersigned vendor in accordance wino Florida Statute 287.087 hereby c artif" that Banco Ford Co (name of business) does: 1 Publish a statement notifying employees first the unlaurful manufadurae, dsftution, dt easing, possession, or us+s of a contr'oiled substance Is prohibited in the warkpiaoe and spa*ing the actions that will be taken against wnpioye" 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-fre+o woricpiare, any avaiietble drug counseling, rehabilitation. and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violators. :1, Give each employed engaged In providing the oornmodities or contractual services that one under bid a copy of this statement spec{tled In subsection (1). k to the statement specified in subsection (1). notify the employees that, as a condition of woWng on the cornmoditim; or contracfual services that are under bid, the employee will abide by the terms of the staternerrt and will notify the employer of any conviction of, or plea of guilty or polo contenders to, any violation of Chapter M or of any controlled substance few of the United States or any state, for a vlols0on occurring In the workplace no later than five (5) days after such conviction. 5. impose a sanction on, or require the satfdactM partcli"on in a drug abuse assistance or rehabilitation program if such is available in the employee's communal, by any employee who Is so convicted. Mahe a good fefih effort 0 cor►dnus to maintain a do tree workplace through Implementation of this section. the person authorized to sign the statement, I csrtffy that thts firm complies fully wrflr 41.e above requirements, Signature Wed 08110/2021 istanta of Bidder: Bartow Ford Ca (This form to be rMt M*di la Bid No. 2021000541 61 of 302 4d �I i A I e 62 of 302 2I28M, 12:41 PM Sebastian, FL Code of Ordinances Sec. 2-10. - Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and service's for the city shall fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called the "purchasing officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00—Purchasing officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00—Two or more verbal quotes where practical; purchasing officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required. (5) Over $25,000.00—Formal sealed bids and city council authorization required. (c) Exceptions to thresholds. (1) joint bid. The purchasing officer shall have the authority to cooperate with other local governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback. The purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The purchasing officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract maybe awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergencypurchase. Where the purchasing officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the city has been declared the limit about:blank 63 of 302 113 2/28/23. 12:41 PM Sebastian, FL Code of Ordinances shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon as practical. As used in this section, the term "emergency" means a sudden unexpected turn of events that causes: a. An immediate danger to the public health or safety; b. An immediate danger of loss of public or private property; c. An interruption in the delivery of an essential governmental service; or d. An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. (5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (6) Contract renewals Any contract containing a provision for renewal maybe renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (d) Exemptions to applicability. This section shall not apply to: (1) Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovernmental services. (2) Purchases of advertising, works of art for public display, medically related professional services, employee benefit related purchases, water, utility services, postage, shows/displays/cultural events sponsored by the city. (3) Purchase of real property. (4) Professional and personal service contracts including but not limited to attorney services, appraisers and expert witnesses services, which shall be approved by the city council if in excess of $15,000.00. (5) Procurement of goods and services when the same is governed by a mandatory procedure established by statute. (6) Franchise, sponsorship or joint enterprise agreements. (7) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (e) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (fl about:biank 64 of 302 2l3 era HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council MeetinR, Date: March 8, 2023 Agenda Item Title: Piggyback Replacement Purchase of 2023 Freightliner Dump Truck Recommendation: This is a Piggyback Purchase of one -(I) 2023 Dump Truck from Freightliner under the Florida Sheriff's Association Contract FSA22-VEH2O Backzround: This recommended piggy -back purchase is for the replacement of one -(I) 2001 Sterling dump truck currently being used by the Roads Division. The aforementioned truck will be auctioned once the new truck has been delivered. IAW Section 1.210 (c)(2) "the purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section". The Florida Sheriff's Association Contract meets this standard. Attached with this transmittal are the vendor quote and the FSA Contract documents for your review and consideration. In the past two years vehicle chassis have gone up an increased amount due to steel availability and manufacturing delays. Although we are over budget for this particular vehicle, when considering all of the Roads vehicle replacements and purchases we are within budget. This over budget purchase also does not account for proceeds from the vehicle auction. If Agenda Item Requires Exnenditure of Funds: Budgeted Amount: $142,000 Total Cost: $184,500 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Funds Attachments: 1. Freightliner Sales Quote, FSA22-VE142O 2, Florida Sheriff's Association Invitation to Bid Advertisement 3. Florida Sheriffs Association Contract Signature Form 4. City Code Section 1.210 (c)(2) 5. Roads Department Budgeted Vehicles Summary Administrative Services Department view• City Attorney Review: _ Procurement Division Revie , if ap icab- — City Manager Authorization Date: 65 of 302 Prepares[ by: Drew Ellison SBL FREIGHTLINER 21340 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 SEBASTIAN CITY OF 1 8 Y D DUMP BODY F S A 2 2 V E H 2 0. 0 ITEM 1 0 6 LOW BID ❑ E R SBL FREI GHTLI NER Q U O T A T I O N 114SD CONVENTIONAL CHASSIS SET BACK AXLE - TRUCK CUM L9 370 HP @ 2100 RPI41; 2100 GOV RPM, 1250 LB - FT @ 1200 RPM ALLISON 3000 RIDS AUTOMATIC TRANSMISSION WITH PTO PROVISION RT-46-160 46,0009 R-SERIES TANDEM REAR AXLE TUFTRAC GEN2 46,000# REAR SPRING SUSPENSION DETROIT DA-F-20.0.5 20,000# FL1 71.0 KP1/3.74 DROP SINGLE FRONT AXLE 20,000# FLAT LEAF FRONT SUSPENSION 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 5025MM (198 INCH) WHEELBASE 7116X3-911GX11-118 INCH STEEL FRAME (11.1'1MMX282,6MM10.437X11.13 INCH) 120KS1 1900MM (75 INCH) REAR FRAME OVERHANG 114 INCH (6.35MM) C-CHANNEL INNER FRAME REINFORCEMENT PER UNIT TOTAL VEHICLE PRICE TOTAL # OF UNITS (1) $ S EXTENDED WARRANTY $ S DEALER INSTALLED OPTIONS $ S CUSTOMER PRICE BEFORE TAX 5 $ TAXES AND FEES TAXES AND FEES $ $ OTHER CHARGES $ $ TRADE-IN TRADE-IN ALLOWANCE $ (0) $ (0} BALANCE DUE (LOCAL CURRENCY) 5 184,500 $ 184,500 COMMENTS: Projected delivery on _ I 1 _ provided the order is received before / I APPROVAL: Please Indicate your acceptance of this quotation by signing below: Customer: X Date: I I Application Version 11.7,603 a 1212712(122 2:41 PM Data Version PRL-27DA24 Ou:f�ga,� SEBASTIAN CITY OF 18 YD DUMP Page 1 of 15 66 of 302 Financing that works for you Application Version 11.7,603 Data Version PRL-270.024 SEBASTIAN CITY OF 18 YD DUMP Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH. FIL 33064 Phone: 407 375-3304 See your local dealer for a competitive quote from Daimler Truck Financial, or contact us at Information@dtfoffers.com. Daimler Truck Financial offers a variety of finance, lease and insurance solutions to fit your business needs. For more information about our products and seances, visit our website at L:.:ri.daimler-iruckfni rncial.com. 12/2712022 2:41 PN1 Page 2 of 15 67 of 302 Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE, POMPANO BEACH, FL 33064 Phone: 407-375-3304 SPECIFICATION PROPOSAL Description Price level SD PRL-27D (EFF:MY24 ORDERS) i Data Version SPECPR021 DATA RELEASE VER 024 Vehicle Configuration Jill f - -. 1145D CONVENTIONAL CHASSIS 2024 MODEL YEAR SPECIFIED SET BACK AXLE - TRUCK TRAILER TOWING PROVISION AT END OF FRAME FOR TRUCK LH PRIMARY STEERING LOCATION General Service + TRUCK!TRAILER CONFIGURATION DOMICILED, USA (EXCLUDING CALIFORNIA AND CARE OPT -IN STATES) UTILITY/REPAIR/MAINTENANCE SERVICE GOVERNMENT BUSINESS SEGMENT DIRTlSANDlROCK COMMODITY TERRAIN/DUTY: 10% (SOME) OF THE TIME, IN TRANSIT, IS SPENT ON NON -PAVED ROADS MAXIMUM 8% EXPECTED GRADE MAINTAINED GRAVEL OR CRUSHED ROCK - MOST SEVERE IN -TRANSIT (BETWEEN SITES) ROAD SURFACE FREIGHTLINER LEVEL II WARRANTY EXPECTED FRONT AXLE(S) LOAD: 20000.0 lbs EXPECTED REAR DRIVE AXLE(S) LOAD: 46000.0 lbs EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 66000.0 lbs EXPECTED GROSS COMBINATION WEIGHT 80000.0 Ibs Truck Service Application Versim 1 1.7.603 12/27/2022 2:41 PM Data Version PRL-27D.024 ` SEBASTIAN CITY OF 18 YD DUMP Page 3 of 15 68 of 302 Tractor Service Engine Description END DUMP BODY 3-V DISTRIBUTING INC FLATBED TRAILER SINGLE (1) TRAILER CUM 1-9 370 HF @ 2100 RPM; 2100 GOV RPM, 1250 LS-FT @ 1200 RPM Electronic Parameters Engine Equipment 75 MPH ROAD SPEED LIMIT CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT PTO MODE ENGINE RPM LIMIT - 1100 RPM PTO MODE BRAKE OVERRIDE - SERVICE BRAKE APPLIED PTO RPM WITH CRUISE SET SWITCH - 700 RPM PTO RPM WITH CRUISE RESUME SWITCH - 800 RPM PTO MODE CANCEL. VEHICLE. SPEED - 5 NIPH PTO GOVERNOR RAMP RATE - 250 RPM PER SECOND PTO MINIMUM RPM - 700 REGEN INHIBIT SPEED THRESHOLD - 5 MPH 2010 EPAICARBIGHG21 CONFIGURATION NO 2008 CARS EMISSION CERTIFICATION STANDARD OIL PAN ENGINE MOUNTED OIL CHECK AND FILL SIDE OF HOOD AIR INTAKE WITH DONALDSON HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT. FIREWALL MOUNTED DR 12V 160 AMP 26-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE (3) DTNA GENUINE, FLOODED STARTING, MIN 3000CCA. 555RC. THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED STANDARD BATTERY JUNIPERS SINGLE BATTERY BOX FRAME MOUNTED LH SIDE BACK OF CAB WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN Application Version 11.7.603 Data Version PRL-27D.024 SEBASTIAN CITY OF 18 YD DUMP Prepared by: Drew Ellison SBL FREIGHTLINER 2640 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone:407-375-3304 12127/2022 2:41 PM Page 4 of 15 69 of 302 Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33004 Phone: 407-375-3304 Description NON -POLISHED BATTERY BOX COVER CAB AUXILIARY POWER CABLE CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM NO RETARDERIENGINE BRAKE RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 09 FOOT 05 INCH (114 INCH+DI-5.9 INCH) EXHAUST SYSTEM HEIGHT RH CURVED VERTICAL TAILPIPE "ILLAR MOUNTED ROUTED FROM STEP 6 GALLON DIESEL EXHAUST FLUID TANK 100 PERCENT DIESEL EXHAUST FLUID FILL STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION STANDARD DIESEL EXHAUST FLUID TANK CAP ALUMINUM AFTERTREATMENT DEVICE/lWRlFFLERITAILPIPE SHIELD(S) AIR POWERED ONIOFF ENGINE FAN CLUTCH AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED CUMMINS SPIN ON FUEL FILTER COMBINATION FULL FLOW/BYPASS OIL FILTER 1300 SQUARE INCH ALUMINUM RADIATOR ANTIFREEZE TO -34F. ETHYLENE GLYCOL PRE - CHARGED SCA HEAVY DUTY COOLANT GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES RADIATOR DRAIN VALVE ELECTRIC GRID AIR INTAKE WARMER DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH Application Vemlon 11.7.603 ` 12/27/2022 2.41 PM Data Version PRL 27D.024 SEBASTIAN CITY OF 18 YD DUMP Page 5 of 15 70 of 302 Description "transmission ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission �gl�ipment ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3GOD14000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV ALLISON VOCATIONAL RATING FOR ONIOFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON. THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION ❑RAW, AXLE(S) FILL AND DRAIN PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED TRANSMISSION PROGNOSTICS - ENABLED 2013 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) Front Axle and Equipment DETROIT DA-7-20.0-5 20,0009 FL1 71,0 KP113.74 DROP SINGLE FRONT AXLE Application Version 11.7.603 Data Version PRL-27D.024 SEBASTIAN CITY OF 18 YID DUMP Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 12/2712022 2:41 PM Page 6 of 15 71 of 302 Prepared by, Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone:407-375-3304 Description MERITOR 16.5X6 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES NON -ASBESTOS FRONT BRAKE LINING CAST IRON OUTBOARD FRONT BRAKE DRUMS FRONT BRAKE DUST SHIELDS FRONT OIL SEALS VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS -OIL STANDARD SPINDLE NUTS FOR ALL AXLES MER170R AUTOMATIC FRONT SLACK ADJUSTERS STANDARD KING PIN BUSHINGS TRW THP-60 POWER STEERING WITH RCH45 AUXILIARY GEAR POWER STEERING PUMP 4 QUART POWER STEERING RESERVOIR OILIAIR POWER STEERING COOLER CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LURE L: Front Suspension .i 20,0004 FLAT LEAF FRONT SUSPENSION GRAPHITE BRONZE BUSHINGS WITH SEALS - FRONT SUSPENSION FRONT SHOCK ABSORBERS Rear Axle and Equipment RT-46-160 46.000 R-SERIES TANDEM REAR AXLE 5.63 REAR AXLE RATIO IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING MXL 17T MERITOR EXTENDED LUSE MAIN DRIVELINE WITH HALF ROUND YOKES MXL 17T MERITOR EXTENDED LUBE INTERAXLE DRIVELINE WITH HALF ROUND YOKES DRIVER CONTROLLED TRACTION DIFFERENTIAL - BOTH TANDEM REAR AXLES (1) INTERAXLE LOCK VALVE, (!)DRIVER CONTROLLED DIFFERENTIAL LOCK FORWARD - REAR AND REAR -REAR AXLE VALVE BLINKING LAMP WITH EACH INTERAXLE LOCK SWITCH, INTERAXLE UNLOCK DEFAULT WITH IGNITION OFF Application Version 11.7.603 " 1212712022 2:41 PM Data Version PRL-27D.024 SEBASTIAN CITY OF 1 B YD DUMP Page 7 of 15 72 of 302 Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 Description BLINKING LAMP WITH EACH MODE SWITCH, DIFFERENTIAL UNLOCK VVITH IGNITION OFF, ACTIVE <5 MPH MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES NON -ASBESTOS REAR BRAKE LINING BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLES) CONMET CAST IRON REAR BRAKE DRUMS REAR BRAKE DUST SHIELDS REAR OIL SEALS WABCO TRISTOP D LONGSTROKE 2-DRIVE AXLE SPRING PARKING CHAMBERS HALDEX AUTOMATIC REAR SLACK ADJUSTERS CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE STANDARD REAR AXLE BREATHER(S) Rear Suspension TUFTRAC GEN2 46,000# REAR SPRING SUSPENSION 1 9.5 INCH NOMINAL RIDE HEIGHT (460MM GLOBAL REFERENCE HEIGHT) AXLE CLAMPING GROUP 55 INCH AXLE SPACING FORE/AFT AND TRANSVERSE CONTROL RODS REAR SHOCK ABSORBERS - ONE AXLE Brake System WABCO 4S14M ABS REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES FIBER BRAID PARKING BRAKE HOSE STANDARD BRAKE SYSTEM VALVES STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM STD U.S. FRONT BRAKE VALVE RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE BW AD-9 BRAKE LINE AIR DRYER WITH HEATER AIR DRYER FRAME MOUNTED STEEL AIR BRAKE RESERVOIRS BW DV-2 AUTO DRAIN VALVE WITHOUT HEATER ON ALL TANKS) Application Version 11.7.603 `0 "12/27/2022 2:41 PN7 Data Version PRL-27D.024 SEBASTIAN CITY OF 18 YD DUMP Page 8 of 15 73 of 302 Trailer Connections � Wheelbase $ Frame Chassis Equipment Description AIR CONNECTIONS TO END OF FRAME WITH GLAD HANDS FOR TRUCK AND NO DUST COVERS PRIMARY CONNECTOR/RECEPTACLE WIRED FOR SEPARATE STOPITURN, ABS CENTER PIN POWERE D TH ROUGH IGNITION SAE J560 7-WAY PRIMARY TRAILER CABLE RECEPTACLE MOUNTED END OF FRAME UPGRADED CHASSIS MULTIPLEXING UNIT SUPPLEMENTAL J560 7-WAY RECEPTACLE LOCATED WITH PRIMARY RECEPTACLE 5025MM (198 INCH) WHEELBASE 7I16X3.9116X11-118 INCH STEEL FRAME (11.11MMX282.6MM1D.437X11.13 INCH) 120KS1 114 INCH (6.35MM) C-CHANNEL INNER FRAME REINFORCEMENT 1900MM (75 INCH) REAR FRAME OVERHANG FRAME OVERHANG RANGE: 71 INCH TO 80 INCH CALC'D BACK OF CAB TO REAR SUSP CIL (CA) : 132,28 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION CIL (CA) : 129.28 in CALC'D FRAME LENGTH - OVERALL: 302.75 in CALCULATED FRAME SPACE LH SIDE: 47.95 in CALCULATED FRAME SPACE RH SIDE : 42.29 in SQUARE END OF FRAME FRONT CLOSING CROSSMEMBER STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD MIDSHIP i91 CROSSMEMBER(S) STANDARD REARMOST CROSSMEMBER HEAVY DUTY SUSPENSION CROSSMEMBER 14 INCH PAINTED STEEL BUMPER BUMPER MOUNTING FOR SINGLE LICENSE PLATE BETTS B-35 PAINTED IvIUDFLAP BRACKETS GRADE 8 THREADED HEX HEADED FRAME FASTENERS Application Version 11.7,603 Data VersionPRL-27D.024 SEBASTIAN CITY OF 18 YD DUMP Prepared by: Drew Ellison SBL FREIGHTLINER 28,10 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375.3304 12/27/2022 2:41 PM Page 9 DI 15 74 of 302 Description CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD Fuel Tanks 80 GAL!_ON/302 LITER ALUMINUM FUEL TANK - LH 25 INCH DIAMETER FUEL TANK(S) PLAIN ALUMINUMIPAINTED STEEL FUELIHYDRAULIC TANK(S) WITH PAINTED BANDS FUEL TANK(S) FORWARD PLAIN STEP FINISH FUEL TANK CAP(S) DETROIT FUELIWATER SEPARATOR WITH WATER IN FUEL SENSOR EQUIFLO INBOARD FUEL SYSTEM HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Tires MICHELIN XZY-3 425165R22.5 20 PLY RADIAL FRONT TIRES CONTINENTAL HDC3 11R22.5 16 PLY RADIAL REAR TIRES Hubs CONMET PRESET PLUS PREMIUM IRON FRONT HUBS CONMET PRESET PLUS PREMIUM IRON REAR HUHS Wheels MAXION WHEELS 10035 22.5X12.26 10-HUB PILOT 1.75 INSET 5-HAND STEEL DISC FRONT WHEELS ACCURIDE 43644 ACCU-LITE 22.5X8.25 10-HUB PILOT ALUMINUM DISC REAR WHEELS FRONT WHEEL MOUNTING NUTS REAR WHEEL MOUNTING NUTS gjIP, j)jgFior Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone:407-375-3304 --z 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAS AIR CAB MOUNTING NONREMOVABLEBUSSCREEN MOUNTED BEHIND GRILLE FRONT FENDERS SET -BACK AXLE Application Version 11.7.603 f ti 12127/2022 2:41 PM Data Version PRL-27D.024 f\ SEBASTIAN CITY OF 18 YD DUMP Page 10 of 15 75 of 302 Cab Interior Description BOLT -ON MOLDED FLEXIBLE FENDER EXTENSIONS LH AND RH GRAB HANDLES STATIONARY BLACK GRILLE BLACK HOOD MOUNTED AIR INTAKE GRILLE FIBERGLASS HOOD SINGLE 14 INCH ROUND HADLEY AIR HORN UNDER LH DECK SINGLE ELECTRIC HORN SINGLE HORN SHIELD REAR LICENSE PLATE MOUNT END OF FRAME HALOGEN COMPOSITE HEADLAMPS WITH BLACK BEZELS (5) AMBER MARKER LIGHTS INTEGRAL STOP/TAILIBACKUP LIGHTS STANDARD FRONT TURN SIGNAL LAMPS DUAL WEST COAST BRIGHT FINISH HEATED MIRRORS WITH LH AND RH REMOTE DOOR MOUNTED MIRRORS 102 INCH EQUIPMENT WIDTH LH AND RH 8 INCH BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS STANDARD SIDEIREAR REFLECTORS 63X14 INCH TINTED REAR WINDOW TINTED DOOR GLASS LH AND RH WITH TINTED NON -OPERATING WING WINDOWS RH AND LH ELECTRIC POWERED WINDOWS, PASSENGER SWITCHES ON DOOR(S) 1-PIECE SOLAR GREEN GLASS WINDSHIELD 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED OPAL GRAY VINYL INTERIOR MOLDED PLASTIC DOOR PANEL MOLDED PLASTIC DOOR PANEL BLACK MATS WITH SINGLE INSULATION NO DASH MOUNTED ASH TRAYS AND LIGHTER FORWARD ROOF N40UNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING IN DASH STORAGE BIN Application Version 11.7.603 —e Data Version PRL-270.024 (ugmiirYlla�: SEBASTIAN CITY OF 18 YD DUMP Prepared by: Drew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 12/27/2022 2:41 PM Page 11 of 15 76 of 302 Prepared by: Drew Ellison SBL FREIGHTLINER 284C CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 Description (2) CUP HOLDERS LH AND RH DASH GRAY/CHARCOAL FLAT DASH HEATER, DEFROSTER AND A1R CONDITIONER STANDARD HVAC DUCTING MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD NEATER PLUMBING VALEO HEAVY DUTY AIC REFRIGERANT COMPRESSOR BINARY CONTROL, R-134A STANDARD INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM DOME LIGHT WITH 3-WAY SWITCH ACTIVATED BY LH AND RH DOORS DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME KEY QUANTITY OF 2 LH AND RH ELECTRIC DOOR LOCKS (1) 12 VOLT POWER SUPPLY IN DASH BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION PASSENGER SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION LH AND RH INTEGRAL DOOR PANEL ARMRESTS VINYL WITH VINYL INSERT DRIVER SEAT VINYL WITH VINYL INSERT PASSENGER SEAT BLACK SEAT BELTS ADJUSTABLE TILL- AND TELESCOPING STEERING COLUMN 4-SPOKE 18 INCH (450MM) STEERING WHEEL ❑RIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls GRAY DRIVER INSTRUMENT PANEL GRAY CENTER INSTRUMENT PANEL BLACK GAUGE BEZELS Application Version 11.7.603 12127/2022 2:41 PM Data Version PRL-2713.024 SEBASTIAN CITY OF 18 YD DUMP Page 12 of 15 77 of 302 Prepared by. Draw Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone:407-376-3304 Description LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS CONSTANT 107 DECIBELS BACKUP ALARM ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF1RUNISTARTIACCESSORY ICU3S,13VAB DISPLAY WITH DIAGNOSTICS, 28 LED WARNING LAMPS AND DATA LINKED HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 21NCH ELECTRIC FUEL GAUGE PROGRAMMABLE RPM CONTROL - ELECTRONIC ENGINE ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 21NCH TRANSMISSION OIL TEMPERATURE GAUGE ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY ELECTRIC ENGINE OIL PRESSURE GAUGE NO OVERHEAD INSTRUMENT PANEL AM/FMIWB WORLD TUNER RADIO WITH BLUETOOTH, USS AND AUXILIARY INPUTS, J1939 DASH MOUNTED RADIO (2) RADIO SPEAKERS IN CAB AM1FM ANTENNA MOUNTED ON FORWARD LH ROOF ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER STANDARD VEHICLE SPEED SENSOR ELECTRONIC 3000 RPM TACHOMETER NO VEHICLE PERFORMANCE MONITOR IGNITION SWITCH CONTROLLED ENGINE STOP BW TRACTOR PROTECTION VALVE TRAILER HAND CONTROL BRAKE VALVE Appllcation Version 11.7.603 12/27/2022 2:41 PM Data Version PRL-27D.024 4is ' SEBASTIAN CITY OF 18 YD DUMP Page 13 of 15 78 of 302 Description DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH TWO VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERAIVIPER AND HAZARD IN HANDLE INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING r� STOP LAMPS Design PAINT: ONE SOLID COLOR .Color CAB COLOR A: N0006EA WHITE ELITE SS BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT POWDER WHITE (NO006EA)FRONT WHEELS1RI,MS (PKWHT21, TKWHT21, VV, TW) BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX STANDARD E COATIUNDERCOATING n ! Compliance Certification U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Secondary Factory Options CORPORATE PDI CENTER IN-SERVICE ONLY Dealer Installed Options GAR-P DUMP PER ATTACHED SPECS PINTLE HITHC WITH AIR AND ELECTRIC FOR TOWING Total Dealer Installed Options Application Version 11.7.603 Data Version PRL-27D.024 6 `� SEBASTIAN CITY OF 18 YD DUMP Prepared by: Drew Ellison SSL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone: 407-375-3304 Weight Weight Front Rear 0 0 0 0 0 lbs 0 lbs 12/27/2022 2:41 PM Page 14 of 15 79 of 302 Prepared btr. Brew Ellison SBL FREIGHTLINER 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Phone:407-376-3304 (*") Al cost increases for major components (Engines, Transmissions, Arles. Front and Rear Tires) and government mandated requirements, tarifts, and raw material surcharges will be passed through and added to factory Invoices. Application Version 11.7.603 ' k Data Vemlon PRL-27D.024 ( SEBASTIAN CITY OF 18 YD DUMP 12/27/2022 2:41 PM Page 15 of 15 80 of 302 Protecting, Leading & Uniting —since 1893 FLORIDA SHERIFFS ASSOCIATION 2517 Mahan Drive, Tallahassee, Florida 32308 P.O. Box 12519 • Tallahassee, Florida 32317-2519 Other Agencies & Organizations Florida Sheriffs Association Cooperative Fleet Bid CPP@FlSheriffs.org p: (850)'877-2165 f: (850) 878-8665 www.Rsheriffs.org 0 0 INVITITATION TO BID ADVERTISEMENT: FSA22-VEH2O.0 — Heavy Trucks & Buses The Florida Sheriffs Association invites interested bidders, including manufacturers to submit response!; in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the Contract Administrator in the solicitation process and the administration of the resulting contract. The purpose of this bid is to establish a twenty-four (24) month contract, beginning October 1, 2022 and ending September 30, 2024. The Florida Sheriffs Association invites interested bidders to submit bids. Refer to the Bid Calendar for major bid tasks, activities, and dates. All prospective bidders are required to attend the MANDATORY Pre -Bid Meeting. BID CALENDAR ITEM DATE Bid Announcements 5/17/22 & 5/31/22 Mandatory Pre -Bid Meeting FSA22-VEL30.0 7/13/2022 FSA Bid System Training 7/19/2022 Bid System Opens 8/4/2022 Bid Submissions Due 8/25/2022 Public Bid Opening 8/26/2022 Intent To Award Posted 9/16/2022 Effective Date Of New Contract 10/1/2022 Bid Submittals will be received via VendorLink an online platform by August 25, 2022. Optional bidder training for this platform will be July 19, 2022, This contract shall be awarded to the lowest responsive bidder by item bid. Multiple awards may be given. Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening unless otherwise agreed to by the FSA. Bidders are hereby advised that the Florida Sheriffs Association reserves the right to reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serve in the FSA's best interest. The FSA may also reject any bid not submitted in the manner specified by the solicitation documents. Bookmark our website to stay up to date on the latest bid announcements. 81 of 302 CONTRACT SIGNATURE FORM By submitting a response to this Invitation to Bid and signing this form, the bidder declares that he or she has read, and the company understands, accepts and will comply with the terms, conditions and specifications of this bid and any addenda issued. The failure or omission to review this document shall in no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid. The bidder further declares that no other persons other than the authorized agent herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons making proposal for the same article, and is in all respects fair and without collusion or fraud. The bidder further declares that they have carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of materials required. The bidder further declares that they have provided a discount on all factory options included in this bid, and such discount will be included in all purchase orders. The bidder further declares that the company understands the financial responsibility associated with this bid as stated and further declares that it has the ability to meet the financial responsibility associated with this bid. The bidder further declares that the company will furnish the items awarded for the price bid. FSA Contract Number FSA22-VEH2O.0 Bidder Company Name SBL FREIGHTLINER, LLC Business Address 2840 CENTER PORT CIRCLE POMPANO BEACH, FL 33064 Name of Authorized Agent DONALD MAHER Email address of authorized agent DMAHER@FREIGHTLINERFL.COM Signature �dll. f�rL�Lpit, Date 08/23/2022 FSA Contract Number FSA22-VEH2O.0 Bidder Company Name SBL FREIGHTLINER, LLC 14 1 P 82 of 302 The bidder attests the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the bidder understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. BThe bidder hereby attests that they understand and agree to comply with the provisions of 31 U.S.C. § 3801 et seq. Bidder Company Name SBL FREIGHTLINER, LLC Name of Authorized Agent DONALD MAHER Signature Z�'6'If" W4-1f FSA Contract Number FSA22-VEH2O.0 Bidder Company Name SBL FREIGHTLINER, LLC 131Page 83 of 302 2128123, 12:41 PM Sebastian, FL Code of ordinances Sec. 2-10. - Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and services for the city shall fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called the "purchasing officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00—Purchasing officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00—Two or more verbal quotes where practical, purchasing officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required. (5) Over $25,000.00—Formal sealed bids and city council authorization required. (c) Exceptions to thresholds. (1) joint bid: The purchasing officer shall have the authority to cooperate with other locai governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback. The purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The purchasing officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract maybe awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the city has been declared the limit 84 of 302 about:blank 113 ROADS 2022-2023 BUDGETED VEHICLES SUMMARY DIFFERENCE FROM BUDGETED AMOUNTS LOWEST QUOTE PRICE BUDGET Concrete Truck $376,000 $310,325 $65,675 Brush Truck $115,000 $121:543 ($6,543) Dump Truck $142,000 $184500 ($42,500) Bucket $190,000 $158,219 $31,781 ITOTAL BUDGETLLOWABLE 1$823,000 f $774,587 $48,413 BUDGET REMAINING (can accommodate Freight) 85 of 302 M CF SET" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Piggybacking Broward College's Storm Drain Cleaning, Repairs & Maintenance, RFP 2018-167-EH Extension and Pricing Revision Recommendation: Staff recommends approval to "Piggyback" the Broward College's one (1) year extension of the Storm Drain Cleaning, Repairs & Maintenance, RFP 2018-167-EH Background: Slip lining is a common practice at the City of Sebastian to repair Stormwater drainage pipes in high impact areas. Using slip lining to repair drainage structures in place, instead of removal, prevents damage to City property and drastically shortens road closures. Per previous Council approval, we have been piggybacking the Broward College's Storm Drain Cleaning, Repairs & Maintenance contract and its extensions. Broward College has extended their contract through November 26, 2023 and has revised the pricing. We are looking for council approval to continue to piggyback the Broward College contract and follow the latest approved pricing of the contract. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $150,000 Total Cost: Not to exceed $150,000 Funding: Stormwater Capital Improvement Budget from Discretionary Sales Tax Attachments: 1. Signed Notice of Intent to "Piggyback" agreement letter from Shenandoah General Construction allowing the City of Sebastian to piggyback the above mentioned request for proposal. 2. Broward College Award Recommendation. 3. Broward College's intent to exercise the second renewal option and revised pricing. 4. Broward College's Amendment 2, Storm Drain Cleaning, Repairs and Maintenance Agreement. Administrative Service City Attorney Review: Procurement Division City Manager Authorization: Date: 86 of 302 5r-RASTI/1,N PROCUREMENT DIVISION 1226 Main Street Sebastian FL. 32958 1 Office: � 772 38"231 dwlxon(McltyoCsabas#lan,ot. , youj of prucAN utA;c NOTICE OF INTENT TO "PIGGYSACK- February 9, 2023 Danny DMIum, Vice President Margaret Lary, Controller Anthony Guglielmi, Chief Operations Manager Shenandoah General Construction 1888 NW 22ed Street, Pompano Beach, Florida 33069 Emall: �y c( sties ndualrus can. d.dimurM shene~idoahus com, LMOLcxni&tienaodoahus,can, SUBJECT: Intent to Piggyback RFP-2016-I67-RH, Storm Drain Cleaning, Repnira and Mnintenenee Mr. DiMura: The City of Sebastian would like to piggyback the above referenc od solicitation in accordance with the City's CHinance Seci€on :2- 10 (c)(2). Acceptance of piggybacking guarantees that the some pricing and contract terms will be honored for the purchase of goods/smiees made while the contract is active; this includes any contract extensions or renewals. Period Covered bA Contract: November 27. 20 thrpju h November 26. W23. Please return this signed Notice by Tuesday, Feb 14, 2023 via eniall to dtivlxon®cltyoieebas&n.org It is necessai that � our comtien , provide the City of Sebastian with an u; idated Certificate of insturance namin; the Cii , as additionall fnaured, Should you have any questlons, please contact Don Wlxon, Procurement/Contracts Manager, at (772) 388-8231, or dwixon@cityofsebastian.org. We value your association with the City of Sebastian. Respectfully, Dan Wixon Procurement/Contracts Manager Check one: ® Yes Shenandoah General Construction, Inc, WILL honor "piggyback" of RFP - 2018-167-EH f9 MtP- 2- (Broward College). aShenandoah General Construction, Inc. WILL NOT honor "piggyback" of RFP - 2018-t67-EH i wS-4. 2 (13roward College). Denny 10IMura, Vice President DATE: FOR PIZOCURBMENTDTWSION 0SRONE.1' Date Notice Rctumed: IFAPPLICGBLE- COI Renewal D te: 87 of 302 ROVMRIY %05iaa� www.broward.eda 2811 GCT 17 AM AWARD RN�NDATIOII RSP 2018-167 EH glum Drab Cleaning, RgWn sad M btmam solicitaticn loth slug reamin pa eed for a pv&d d7Z hoan suer p , Il data Three (3) ass u&nWcd respG=eso- _PoelmgD&W lWl7A8 IN. Dlvetdfi4 bw. — - -- — — BeeommendsdEon for Award: — — -- -- — -- • Shcandash Oeaaal Consttackon Co. — — A detailed cagy of sOlJ6tatiun re==Wdation maybe obtained by seeding m emmI rsquW to: Bilaw Htmt. Pmcuramcat Coottediag Ofccr, Beowatd College. P -- t Secv m at ebt�wstd edL Tat=to So o psobd wlttdn the thw p =cpnd in Seca- =57M Florida Stetdm or Same to you thetwad ar adw seby zowdmd by law wt bta the time dbwed fr$tmg a W 4 6h<tH o=Sft= a vnRIV& of la'eeeO&W wader (9lapiar 120. Flmida Stones." 88 of 302 DccuSign Envelope ID: 47AC61CF-DBDD-4888,AD71-3OM6C7ABQC3 BROWARD COLLEGE September 19, 2022 SHENANDOAH GENERAL CONSTRUCTION LLC 1888 NW 22nd Street Pompano Beach, FL 33069 Attention: Daniel DiMura, President Email: J.dim uraAshenandoahus.com Dear Mr, DlMura, PROCUREMENT SERVICES Cypress Creek Administrative Center 6400 NW V1 Way, Fort Lauderdale 1 i 33309 Phone 954-201-74551Fax 954-201-7330 This letter shall serve to provide notice of Broward College's Intent to exercise the second renewal option for an additional one year pursuant to the Broward College Contract RFP-2018-167-EH for STORM DRAIN CLEANING. REPAIRS AND MAINTENANCE, for uninterrupted services for collegewide locations. - - Therefore, let this act as notice, and If agreeable to the one-year renewal optlon at the same terms and conditions, please sign below and return o_:ginal CODV for our files via U.S. Mail, via fax to (954) 201- 7330, or email as a PDF to )�,onteAbroward.edu It Is necessary that your company provide the College with an updated Certificate of Insurance. The College would lute to thank you for the services provided so far and hopes our assoclatlon continues in the same manner for both parties. CONTRACT PERIOD: November 27 2022 throuc;ll November 26. 2023 If there are any questions, please feel free to contact OHando Aponte, Procurement Officer, at (954) 201-7897 or email . aoonteC&broward.edu. Sincerely, CDoauMpsd by, ,4 AlO an NSen" Associate Vice President, Procurement & Risk Management Cc: Marcus Wilson, Associate Vice President, Facilities Collegewide Maintenance RFP-2018-167-EH File TYPEIPRINT NAME TITLE Daniel DiMura SIGNATURE DATE President 09/2012022 Slsnee warrants that he or she has full le„ai f,ower to execute this document on behalf of the stated company AN EQUAL A CCES6f EQUAL OPpORTUNM rNSTfrLPTION 89 of 302 REVISED CONTRACT PRICING RFP-2018-167�EH . STORM DRAIN CLEANING. REPAIRS AND MAINTENANCE em Descrlpticn Quantity Unit Price Now Unit Price 12 Slip Lining 15" Pipe LF 1 $67.00 $79.72 13 Slip Lining 15" Pipe LF 1 $75.00 $86.78 14 Slip Lining 24" Pips LF 1 $90.00 $99.08 15 Slip Lining 30" Pipe LF 1 $95.00 $116.20 16 Slip Llning 36" Pipe LF 1 $130_00 $159.68 17 Slip Lining 42" Pipe LF 1 $182.00 $227.58 18 Slip Lining 48" Pipe LF 1 $305.00 $338.92 16 Slip Lining 54" Pipe LF 1 $322.00 $403.62 20 Slip Lining 60' Pipe LF 1 $370.00 $494.02 21 CIPP 15" Pipe 15 x 6.7 mm (Buda I Depth Is 04) LF 1 $70.00 $81.77 22 CIPP 15" Pipe 15 x 8.2 mm (Burial Depth Is 6-12') LF 1 $75.00 $88.09 23 CIPP 18" Pipe x 8.1 mm (Burial Depth Is 0-6) LF 1 $82.00 $07.30 24 CIPP 18" Pipe x 9.7 mm (Buda] Depth is 5-12') LF 1 $85.00 $101.73 25 C" 24' Pipe x 10.1 mm (Burial Depth Is 0-6') LF 1 $96.00 $118.94 26 CIPP 24" Pipe x 12.4 nvn (Burial Depth Is 6-12) LF 1 $106.00 $129.94 27 CIPP 30" Pipe x 13.5 mm (Budal Depth is 0-6') LF 1 $121.00 $154.99 28 CIPP 30" Pipe x 15,4 mm (Burial Depth is 6-12') LF 1 $126.00 $162.154 29 CIPP 36" Pipe x 17.2 mm (Buda] Depth Is 0-6') LF 1 $148.00 $191.22 30 CIPP 36" Pipe x 18.1 mm (Burial Depth Is 6-17) LF 1 $162.00 $210.76 31 CIPP 42" Pipe x 20.9 mm (Burial Depth Is 0-6) LF 1 $210.00 $275.35 32 CIPP 42' Pipe x 20.6 mm (Buda[ Depth [a 6-12') LF 1 $210.00 $275.35 33 CIPP 48' Pipe x 25.2 mm (Burial Depth [s 0-6) LF 1 $258.00 $346.55 34 CIPP 46" Pipe x 22.6 mm (Burial Depth Is 6-12') LF 1 $259.00 $33$.52 35 CIPP 54" Pipe x 28.2 mm (Burial Depth is 0-6') LF 1 $431.00 $541.32 36 CIPP 54' Pipe x 24.7 mm (Burial Depth Is 6-12) LF 1 $431.25 $01.28 37 CIPP 60' Pipe x 30.3 mm (Buda] Depth Is 0-6') LF 1 $673.00 $7i07.95 38 CIPP 60' Pipe x 27.3 mm (Burial Depth is 6-12') LF 1 $55d O0 $111i 39 CIPP 66" Pipe x 31.6 mm (Burial Depth Is 0-6') LF 1 "71.00 $824.80 40 CIPP 66" Pipe x 29.1 mm (Burial Depth is 6-12') LF 1 $661.00 $808.54 411 CIPP 72' Pipe x 30.4 mm Linear Ft LF 1 $772.00 $932.65 42 CIPP 84" Pipe x 35.5 mm Linear Ft LF 1 $895.00 $1,268.68 43 CIPP 86' Pipe x 40.6 mm Linear Ft LF 1 $1,100.00 $1,513.76 90 of 302 11�ocLsign Envelope 1D: co3sF7es 97-245rs-8FF"0$saaso QM Contract Na. RFP-2028-167-EA� BROWAR Y COLLEGE AMENDMENT #2 STORM DRAIN CLEANING, REPAIRS AND MAINTENANCE AGREEMENT THIS AMENDEMENT is made and entered into as of this 16thday of oec , 20 zz , by and between THE DISTRICT BOARD OF TRUSTEES OF BROWARD COLLEGE, FLORIDA (hereafter referred to as BC), a political subdivision of the State of Florida, whose mailing address is 111 East Las Olas Blvd, Fort Lauderdale, Florida 33301 2018; and SHENANDOAH GENERAL CONSTRUCTION LLC (hereafter referred to as Vendor), a company, who is located at 1888 NW 22nd St, Pompano Beach, FL 33069 WHEREAS, the parties entered an Agreement with an Effective Date of November 27, WHEREAS, the parties desire to amend the Agreement; and NOW and THEREFORE, the Storm Drain Cleaning, Repairs and Maintenance RFP- 2018-167-EH contract is amended as follows: 1. The conbmet pricing is revised upon the exercise of the next renewal period option, in accordance with the Equitable Adjustment clause, and the attached document titled Revised Contract Pricing replaces the contract prices and is effective upon the next contract renewallextension. 2. Authorlt , . Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Agreement. 3. No further amendments. All remaining terms in the Agreement remain the same. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date first written above. 91 of 302 DocwSlgn Envelope ID; CD39F796-68F2-467B-BFF0-6DBBA48CAOA5 SBENANDOAH GENERAL CONSTRUCTION LLC Name 0aniei DiMura Title President FOR BC THE DISTRICT BOARD OF TRUSTEES OF BROWARD COLLEGE, FLORIDA I - D-V$4 "W br. Name JOHN DUNNUCK Title svP France & operations _ Page 2 of 2 Amendment SBL 7/24/2020 { 92 of 302 an OF S N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Bergstrom Family Baby Shower at the Community Center. Background: Kelly Bergstrom is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, May • ()t", 2023 from 1:30pm to 6:30pm. Staff has verified applicant's date of birth. They are expecting 30 or less people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: N/A Procurement Division Review, if applicable: NIA City Manager Authorization: r / Date: 93 of 302 OR Cif SETT HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454" Dater .-7 3 , Community Center Name of Pe ittee (permit may only be issued to an adult) Physical Address ❑ Yacht Club Name of Organization (if applicable) Mailing Address (if different) ICLI.1 1 3 7 )-53 `�i5� K,V1c;S t' ��•c ��t City State Zip Phone E-Mail b'- 6`_4 5 �•�C'� �f- Reason for ental — Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Die Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 5 2) Will there be an admission charge or door charge? fv u 3) Will alcoholic beverages be served? L n If yes, please provide govt. issued ID proof of age t�tc�j Date of Birth Verified by the undersigned, acknowledge that I am the applicant or authorized agent of the above reference8 organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. — t Signature of A. piicant 1 1{2021 94 of 302 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2570 Namegc5etr'2n Cash Date a-� 7 �z3 2�cneck #00 2.3 �mr»vniaeoleY �4Oa3 001001 208001 Sales Tax 001001 220000 Security Deposit ❑ Credit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services -Prc,K uP �� CL+yrla�s.� on m� 13elUvn k,e� -Fo G by vn ay 'i'�- Dq10,,e3,(too-"nJ,,jt(( jjja�)42ek r1nay J;ZA Initials Amount Paid 14. 7r P,08, 00 Zen- 0v 610 Total Paid White - Dept. of Origin - Yellow - Admin. Svcs. - Pink -Applicant 95 of 302 rnrCF 5E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Melting Date: March 08, 2023 Agenda Item Title: Approval to Award RFP #22-07, Exclusive Curbside Solid Waste Collection Services to Waste Management Inc. Recommendation: Staff request that the City Council vote on the frequency of weekly residential service; agree on "subscription" or a change to `universal" service. Upon the direction of Council staff will prepare the enacting franchise ordinance per Article 5 (Franchise) of the City code of Ordinances and the final contract for RFP #22-07, Exclusive Curbside Solid Waste Collection Services to Waste Management Inc. Background: City Staff requests City Council approval to award RFP #22-07. This solicitation resulted from the end of our existing contract extensions and the intent to find the most cost efficient manner in which to provide City residents with a solid waste collection services. The RFP was published October 21, 2022, and the Pre -Proposal meeting was held November 30, 2022, where questions were clarified and an addendum was released with a proposal due date of December 15, 2022. One proposal was received and two no bids were received. Proposals were requested based on continuing "subscription" service with collection two times per week where residential and multi -dwellings with more than six units choose to have pick-up (currently $14.42 per month) or "universal" service where the fee is mandatory. Waste Management Inc. proposal is $42.00 per month to continue allowing customers choose to have twice a week pickup or $27.75 per month if only once a week pickup is offered. If the City Council elects to contract for "universal" service, the fee would be based on $29.74 per month to have twice a week pickup ($356.88 a year is expected to be added to their property tax bill) or the fee would be based on $19.45 per month to have once a week pickup ($233.40 a year is expected to be added to their property tax bill). Waste Management Inc. also proposed higher rates for commercial collection. For instance the rate for a 96 gallon cart twice a week (currently $18.36 per month) are proposed to be $70.00 and the rate for a six yard container six times a week (currently $641.41 per month) is proposed to be $$1,461.16 per month. If Agenda Item Reauires Expenditure of Funds: Total Cost: Cost to the Customers to be determined by the City Council. Attachments: 1. Solid Waste Sample Contract 2. Copy of the City's RFP Document 3. Proposed Cost 4. Transition Plan 5. Forms/Addendums Administrative Service?Dep�aretmpnt R ' w: City Attorney Review_Procurement Division , if1ppIiC e: e!<�r City Manager Authorization: e/ -� ���„? 7 96 of 302 cn,y OF SIEBAb-p 9AN M HOME OF PELICAN ISLAND Franchise Agreement Between City of Sebastian and Page 1 of 24 98 of 302 This Franchise Agreement ("Agreement") is hereby made and entered into this _th day of between the City of SEBASTIAN, FLORIDA ("City") and , a Florida Cooperation, whose address is ("Franchisee"). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth in the proposal, addendums and herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: section 1. Backgcouad Recitals 1.0. The recitals set forth above are true and correct and form a material part of this agreement for the following: This Agreement, and its associated Invitation to Bid ;:(ITB) Documents, Franchisee Documents, referenced herein, to with by executed Addenda if any, shall constitute the entire Agreement between Franchisee and City (hereinafter referred to as the "Agreeinant"). In resolving conflicts, errors, discrepancies, and disputes concerning 'tlie Specifications/Special Conditions or. other rights or obligations of the parties, precedence shall be given m the'following order (1) provisions of "this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the -Franchisee's Bid, (5) prrovisions _contained in any governmental regulation incorporated; herein by reference; and (6) a fully ex ecuted`Amendment to this Agreement. There are no understandings or agreements except as herein: xpressly_stated. Section 2. Term of the Agreement 2.0 The term of this Agreement shall be for a period of seven (7) years, commencing on July 1, 2023 and terminating on August 31, 2030 with an option to renew for one (1) additional five (5) year term upon mutual consent of both parties. Unless either party shall notify the other to the contrary in writing. Section 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. 3.1. Agreement shall mean this Franchise agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. Page 2 of 24 99 of 302 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human -disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under_Chapter 470, Florida Statutes, I& Council shall mean the City's got erring body, which_ currently is'comprised of the City''Councilof the City of Sebastian, Florida. 3.6: Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose. large size or weight precludes its handling by=riormal; Collection, processing or disposal, methods. Bulk- Trash includesbut is hot limited to discardedWhite Goods that are not Freon -Containing Devices, toilets pool heaters', water softendrs, pianos, bath.=tubs, sinks, bicycles; and similar household goods, appliances, fixtures and furniture. 3.7. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from thelocation where it is generated, and then, transported to the Indian River County Landfill. 3.8 Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; (b) Recyclable Materials generated on Commercial Property and Mobile Home Parks. 3.10. Commercial Container shall mean any container which: (a) consists of four (4) permanently attached sides, a top and a bottom; (b) is made of metal, durable plastic or other non -absorbent material; (c) is free-standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, compactors, and similar receptacles used to Collect Solid Waste. 3.11. Commercial Property shall mean all of the improved property in the City of Sebastian that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not -for -profit, governmental, nonresidential or industrial purposes. Page 3 of 24 100 of 302 3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not -for -profit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial facilities; and (h) Construction and Demolition Debris collection in volumes greater than fifteen (IS) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including_ rocks, soils, tree remains, trees, and other vegetative matter that normally results_ from land clearuig or. land development operations for a construction project, including such 40blisl from construction of structures at -a site remote from the construction or demolition projedf site.' Mixing of construction and demolition :debris with other types of solid waste will cause it to be classified as other than -construction'and demolition debris., The term also includes the following: 5 (a) Clean cardboard, paper, plasnc,awood, and metal scraps from a construction project; (b) Unpainted; non-treatedrood-'scraps from facilities manufacturing materlk , used for construction of structures of their :components and unpainted, non -treated 'wood pallets provided: the wood scraps and' pallets are separated from other solid -waste where generated and the generator of such wood scraps or pallets implements reasonable practices :of the generating industry to minimize the commingling of wood scraps orpallets with other waste' and (c) De MW= amounts of other nonhazardous wastes that ate generated at construction or :destruction projects provided such amounts are consistent with best management practices of the industry. For purposes of this Agreement, the term does not include "Roll-on, Roll -off' service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City of Sebastian by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of the agreement. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. Page 4 of 24 101 of 302 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste discarded by a customer. 3.20. Customer shall mean a person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. 3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume and weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by Indian River County. 3.23. Freon -Containing Devices shall mean White Goods, appliances or other devices that contain or may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers. 3.24. Garbage shall meanall kitchen and table food waste, and any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 3.25;- _ Garbage Receptacle shall mean the automated collection bin issued and delivered- by the Franchisee to everyResidential Customer. The Container shall be a mbb le,36-gallon, 64-gallon, or 96- gallon automated collection -bin, asrequested by the Customer, 3.26. Hazardous Waste shall mean any solid- waste regulated as a hazardous waste by the Florida Department of Environmental Protection, or the U.S. Environmental .Protection Agency pursuant to Appj gable Law. 3.21 industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial.processes that are not a Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agriculture chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.28.1 Commercial Recycling is an open market while Residential Recycling is managed by Indian River County. 3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of mobile or modular homes or trailers. 3.30. Multiple Dwelling Units shall mean any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels or motels. Page 5 of 24 102 of 302 331. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, firm partnership, cooperation, company, association, social club, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, trust, receiver, executor, administrator, trustee, or syndicate, municipal cooperation, municipality, district or county of Florida and any other state; any governmental agency or political subdivision of any state or the federal government, or any other legal entity, and any group or combination of the above acting as a unit. 3.32. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.33. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. This is manual pickup, or by the use of clam trucks. 3.34. Residential Solid Waste Collection Service shall mean the Collection and disposal of .Residential Solid Waste generated within the Residential Franchise Area. IA Residential Solid Waste Franchise Area shall mean the geographical area comprising the:,City. 3.36, Residential Unit shall -mean each. and every lot or parcel of land that is improved for occupancy as a single-family reidgnce, duplex, triplex, or quadraplex, , and any othez residence, except a :Multiple Dwelling Unit. The term also includes .individually -owned mobile or modtilai homes or trailers; that: have resident permanent license `tags; are erected on a separate parcel of property; are within the Residential Franchise Area orihe Residential Redyclables Franchise Area,:and do not`receive Commercial. Collection Service. 3.37. Residential C & D shall mean residential customers may -place small amounts of construction and demolition-G & D debris resulting from .minor home improvement projects in their containers Is part of regular residential collection services. 3.38. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3.39. Solid Waste shall mean Sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not Solid Waste. 3.40. Solid Waste Disposal Facility shall mean any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.41. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. Page 6 of 24 103 of 302 3.42. Standard Issue Container shall mean the collection bin issued by the Franchisee to every Residential Customer. Such Container shall be a mobile 36-gallon, 64-gallon, or 96-gallon collection bin, as requested by the Customer. Franchisee shall deliver the Container to the Residential Customers at the time they start service. For the purpose of the initial term of this Agreement. the Franchisee will deliver new Containers to all Residential Customers within sixty (60) after execution of this Contract. If the Container is too large for disabled Customers, the Franchisee shall make a reasonable accommodation and issue a smaller sized container to the Customer. 3.43. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools equipment and utensils. Trash does not include Garbage or Yard Waste. 3.44. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performance party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, severe lightning, epidemic, war riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including. but not limited to, strikes and slowdowns. are not an Uncontrollable -Force. . 3.45. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freeiers; and other similar domestic and commerciallarge appliances: 'White Goods' do not include Freon -Containing Devices. 3.46. Yard Trash shall mean vegetative matter_ resulting from yard and landscaping maintenance, including grass clippings, palm fronds, branches, and.other similar matter: Section 4. Grant of Franchise 4.0! Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement the Franchisee is hereby granted an exclusive franchise and sole authority within the Solid Waste Franchise Area to provide; (a) Residential Solid Waste Collection Service. (b) Commercial Collection Service. 4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement. 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific term of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handed and regulated as Solid Waste. Page 7 of 24 104 of 302 Section 5. Title to Solid Waste 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, are placed at the Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, or Hazardous Waste that the Franchise Collects. Section 6. Processing and Disposal 6.0. Processing, Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Section 7. Franchise Fee 7.0: Franchise Fee: A Franchise Fee in the amount of % of gross revenues collected pursuant to the Franchise granted herein shall be paidto..the City, by wiie or check, by the Franchisee on or -:before the fifteenth (15th) day. of each month for . all services : collected (for all residential, multi -dwelling and commercial customers) by the Franchisee during the immediately preceding month. Section 8. Residential Services 8.0. Hours of Residential Service - General. Residential Solid Waste Collection Service shall be Monday through Friday, beginning no earlier than 7:00 a.m.,.local time. and ending no later than 5:00 p.m., local rime;; unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 40, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. 8.2. Frequency of Residential Solid Waste Collection Service — Garbage and Trash. At least one (1) time each week, the Franchisee shall collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Services. The collections of Garbage and Trash shall be at least three (3) days apart. 8.3. Frequency of Service — Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Services at least one (1) time per week. Yard Trash shall not be commingled with Garbage. Page 8 of 24 105 of 302 8.4. Frequency of Service — Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon - Containing Devices placed at the Curbside Collection Point within four (4) calendar days after receiving a Customer's request to collect such materials. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obligations of Franchisee to Residential Customers — General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a customer is physically unable to deliver their Residential Solid Waste to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash including palm fronds do not need to be bundled, bagged, or containerized by the Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in lenPth and no more than three (3) inches in diameter, less than fifty (50 hounds: shall not exceed four (4) cubic yards per collection and shall be placed neatly -at the ftY , _ .l Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided the' sections of the tree are not more than eight (8), feet, in length or more than fifty (50) pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.512 Bulk Trash Obligations. BA. Trash shall: -not be coianningled-,with Yard. Trash. A Customer's Bulk Trash may not be collected if determined by the Contract vlanager-and the Ffanchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system or of such weight or quantity.as would significantly hinder the effectiveness of the Coilection or Solid Waste disposal system. !. 8.6. Manner of Collection. The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point.. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non-subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective or damaged caused by the Franchisee, at the sole discretion of the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manager The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. A new company can start with preliminary maps but shall be required to submit final maps/routes within three (3) months of contract execution. Page 9 of 24 106 of 302 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives prior written authorization by the City Manager. The City Manager's approval of such changes shall not be unreasonably withheld. In the event the City Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its sole expense, notify each affected Customer by mail or other manner approved by the City Manager not less than one (1) week prior to the change. Section 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by the Franchisee shall be $ Per month as depicted in the rate/proposal schedule attached here to and marked Exhibit "A". The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Services and it shall include all franchisees, collection costs, disposal costs, and all other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement, The Franchisee shall: not separately state the amount of the, franchise fee on. any bill to any residential. customer. 9.1; Residential Solid Waste Collection. Service Billing: Billing for Residential Solid Waste Collection Service on the Subscription'Basis shall bethe sole responsibility of the Franchisee. 9.2. Universal Billing. If the City exeeutes Universal Service the City,would bill all residential units by adding the fee to the property: tax The City has to reach an agreement With the'Tax Collector concerning this matter. If the City: shouldachoose`universal, the'City would send ouftle firsf'invoice, then have future invoices added to the,' Tax roll:: 9.36: Payment. TIie.City reserves the right, with justification, to::partially gay any invoice submitted by the Franchisee whew eyuestedi to`do so by the City Manager or ;a thorized', Contract Manager. All invoices shall b61irected fo the Accounts Payable Section, City of Sebastian, 122.5 Main Street, Sebastian, Florida 32958..; , Section 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Services within the City. 10.1. Frequency of Collection. Commercial Collection Services shall be provided at least one (1) time per week. In any event, Commercial Collection Services shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. Page 10 of 24 107 of 302 10.3. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non -Conforming Containers Prohibited. The use of any container or receptacle other than a Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Missing Carts. Contract Manager, at its sole discretion, shall decide whether or not a cart is stolen based on a police report. The Franchisee must replace the missing cart. 10.6. Adjacent Areas. If the Franchisee is responsible for Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property, the Franchisee shall remove the debris immediately, or no later than the end of the day on which the activities occurred.. Section 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0: Rates — General._The Commercial Collection Service rates set forth in this Agreement are Maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing,. the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are'subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according;to the rate schedule attached hereto marked Exhibit "A". 11.2. Other -Charges. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.3. Billing. Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Section 12. Adjustment to Rates 12.0. Adjustment to Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all consumers for the Southeastern United States, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2024, and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed three percent (3%) per annum. The Franchisee shall notify the City in writing of increases or decreases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. Page 11 of 24 108 of 302 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in the law in the future, whether federal, state, or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adjustment Procedures. Should the Franchisee seek an adjustment of any charges established and approved bythe Council, other than the CPI Changes in Rates set .forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it'proposes and a written_justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data. for review and presentation to "City Council. The -Council shall make a determination whether the adjustment in charges is necessary.and justified under the circumstances provided herein and set forth in Franchisee's justification for rate:adjust*ptL Section 13: General Obligations of Franchisee 13.0. Prohibitions on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not collect Biological Waste, Biomedical Waste, or -Hazardous Waste and.the. Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not collect any Solid,Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. Spillage. The Franchisee shall not litter, and shall not spill Solid Waste, Recyclable Materials, or Oil Spills anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, leakage, or Oil Spills within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of the cleanup, remediation, damages, or roadway replacement shall be the sole responsibility of the Franchisee. Page 12 of 24 109 of 302 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days (120) after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3.Other Reports. Annually, Franchisee shall also provide the following reports: (a) The total number of residential, the total number of multifamily, and the total number of commercial accounts are being serviced. (b) The number of physically disabled and unable residents that currently have backdoor service. (d) The total number of duplex, and total number of. fourplex units that are serviced curbside. (e) The total number of multi -dwellings arepbeing serviced and with what type of containers. (f) A list of commercial and multi-dwelling,services with container size and frequency rate. (g) How many commercial compactors are in the entire City. 13.4...Customer Complaints. If the City receives a complaint regarding the Franchisee's service under this'Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone; e-mail or facsimile. The Franchiseeshall respond to the complaint within twenty-four (24) hours after the Franchisee receives the complaint. When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding and approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty-four (24) hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.5. Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.6. Notice of Certain Types of Complaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about any such matters within three (3) calendar days after the Franchisee receives the complaint. Page 13 of 24 110 of 302 13.7. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.8. Community Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.9. Special Community Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, .white goods, electronics, light bulbs, batteries (Universal Waste) and tires. The Franchisee shall select and provide appropriate containers during each community cleanup at no cost to the City or to the sponsor: 13.10. Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City of Sebastian where the Franchisee drivers and workers are trained to look for suspicious activities and emergency situations and report to Lave Enforcement. what they have seen or heard. 13.11., Collection for -City -Facilities. Franchisee shall provide collection- services at City facilities at no charge, including especial service for the four' (4) major Ciro-snoq1pciTed festivals held annually at Riverview Park. The City will dictate the number and types. of dumpsters.: a. The Franchisee, shall provide up to; fifty (50) blue sixty fouic;(64) gallon Indian River County recycling carts' "far use at City parks and at City". Hall City staff will distribute to the appropriate parks and ensure they are placed along the recycling route for pickup. 13.12. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. 13.13. Uncontrollable Forces. Neither the City nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non- performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance in compliance with this Agreement will resume. Page 14 of 24 III of302 13.14. Rapid Recovery from Disaster. The clean-up from some natural disasters may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written authorization and approval from the Contract Manager prior to the work being performed. All such costs may be audited by the City prior to payment. 13.15. Disaster Response Plan. The Franchisee shall develop and provide to the City a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In the event that excess work resulting from a natural disaster is compensable by the Federal Emergency Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel. and equipment pursuant to this section. 1316. Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to make payments with respect to amounts already accrued, to the .extent`.tlaat performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party, (a "Force Majeure Event"), If party is prevented or delayed in the performance_ of any such obligations by a force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon asreasonably possibje. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which. prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include .'but not limited to acts of civitor military authority .(including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, pandemic, or insurrection, inability to obtain required permits or licenses, hurricanes, and severe floods. 13.17. Indemnification. The Franchisee shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Franchisee and other persons employed or utilized by the Franchisee in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Franchisee 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 Franchisee 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 section shall survive the termination of this agreement. Page 15 of 24 112 of 302 13.18. Contract Changes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare and for the benefit of the City. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.19. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two (2) or more toll free numbers where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at any time, and for communicating with the City regarding emergency matters. 13.20. Vehicles and Equipment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so diat -the Franchisee can efficiently perform its contractual duties. The Franchisee shall also have available ieserve vehicles and equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the performance of this'Agreement shall be clearly identified with the Franchisee's name, local phone number, truck number, and tare weight.. Letters and shall be at least four (4) inches high. 11it List. On or before March 3 t of. each year, the Franchisee shall provide the Contract Manager with a lift of the trucks and other'_Collection equipment that will be used by the Franchisee to provide services under this Agreement. The, list shall include the.licerise tag number for each truck and the identification number (if any) for each Commercial ,Container: The Franchisee shall revise and resubmit the `list to the Corihct Manager'during the term of the Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers-. The requirements of his paragraph do not apply to: (a) trucks and "Other Collection'equipment used in the City for 30 days' or less; 'or (b) bona fide demonstration trucks and other Collection equipment. ' " 13.22. Condition of Equipment. At initiation of this Franchise Agreement, all Collection equipment shall be in good working order. The City reserves the right to inspect all equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean and sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's shall be in compliance with all Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.23. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. Page 16 of 24 113 of 302 13.24. STANDARD INSURANCE REOUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Franchisee shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to renewal, non -renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Franchisee shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property- damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically �confirmin"g and ensuring the indemnification and hold' harmless clause = of 'the contracf This 'policy of insurance shall be considered primary to and not" contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with 'waiver of subrogation noted on the Certificate of Liability. The_ policy of" insurance shall be written on an "occurrence"'form. " B Business Vehicles. Successful Franchisee shall 'provide muumiim "limits of liability of $5,000,000 00 each accident, combined sm. le limit for: bodily u jury and property damage. This shall include coverage for: _ • Owned Vehicles' • Hired Vehicles Non=Owned Vehicles C. Umbrella/ Excess Liability: Successful Franchisee shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Franchisee has $2,000,000 General Aggregate under the Commercial General Liability Policy.* D. Workers' Compensation: The Successful Franchisee 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. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability insurance with limits of no less than: • Each Accident $ 100,000.00 • Disease — Policy Limit $ 500,000.00 • Disease — Each Employee $ 100,000.00 Successful Franchisee shall further ensure that all of its sub -contractors maintain appropriate levels of workers' compensation insurance. Page 17 of 24 114 of 302 Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause — Successful Franchisee to declare self -insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Franchisee to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. 13.25. paarage. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform all services under this. Agreement in such a manner so as to avoid damage to public and private property., d shall promptly repair or pay for any such damage in conjunction with its insurance adjustment procedures. Section 14. Administrative Charges to Franchisee for Failure to Perform 14.0 Failure to Pay Franchise Fee. Franchise fee payments received after ahe fifteenth (15d'), day of the month shall bear interest at.1$% per year. Except for an Uncontrollable .Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manage and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement. Customer service Complaints shall not include Customer informational request or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: 1. Co -mingling Solid Waste with Yard Trash 2. Throwing of Garbage Receptacles 3. Failure to collect Solid Waste on schedule 4. Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection Service customers exceed any of the following percentage(s) of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year: Comolaint Tvne Annual % Monthly % Garbage, Trash and Damage 4% 0.5% Yard Trash 2.5% 0.35% The Contract Manager may levy $100.00 administrative charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. Page 18 of 24 115 of 302 14.4. Changing Scheduled Collection Days without Approval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charger per incident. 14.5 Failure to Clean Up Spillage. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day for each incident until the issue(s) is resolved 14.6 Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within the first five (5) hours the very next day. 14.7 Other Performance Standards and Administrative Charges. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: 1. Failure to provide:clean, safe, sanitary Collection_ equipment 2. Failure to maintain office hours as required. 3.Operator not licensed 4. Collection Vehicle not licensed 5. Failure to provide documents and reports in a timely and accurate manner 6. Failure to cover materials on Collection vehicle . 7. Collection vehicles left standing on street"unnecessarily 8. Collection employees out.of uniform 9. Not providing schedule and route maps 10. Speeding, upon conviction 11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per; calendar year 1.2: Failure to respond to Customer calls in a timely and 4ppropriate manner 14.9.- City )Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10") calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Page 19 of 24 116 of 302 Section 15. Default 15.0 Causes of Default. The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: Filing of Insolvency or Bankruptcy. Franchisee shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re -adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; 2. Failure to Pay Franchise Fees or Customer Service Complaint Fees. Franchise Fees or Customer Service Complaint Fees shall be paid to the City, by wire or check, by the Franchisee on or before the fifteenth (15th) day of each month for all services collected (for all residential, multi -dwelling and commercial customers) by the Franchisee during the immediately preceding month; 3. Declaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged bankrupt or.an order: shall be made approving a petition filed by any of its creditors or by any of the stockholders of.the Franchisee, seeking its reorganization or the readjustment of its indebtedness. under the Federal bankruptcy, laws or under any law or statute of the United States or of any state thereof. provided that if any, such judgment or .order is stayed or vacated within sixty (60) days after, tbe;entry thereof, any notice of cancellation,'sha11 be and become null, void, and of no effect; unless such stayed judgment or order is reintated in which case, said default shall be deemed immediate; 4.. Control by Receiver, Trustee, or Liquidator. By or ,pursuant to or under authority of any legislative act, resolution or rule or any order or decree. of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee; and such possession or control shall continue in effect for a period of sixty days; or Failure to Perform Services under Agreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make timely payment of the Franchise Fee shall not be considered a curable default. 6. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non -Customers without the prior written approval of the Contract Manager. Page 20 of 24 117 of 302 15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2 Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to convect or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning.letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the .determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final, notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be -payable to such date, and Franchisee shall have no further rights under- this Agreement. Immediately upon receipt of such final notice, F anc-hisee shall proceed to cease any°further performance undex:this Agreement. 15.3: Date of Agreement; Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City's written notice to Franchisee and upon such date this Agreement shall be rdeemed immediately terminated' and upon such termination all.1iability of the Cifyunder this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the 'City for all direct Mid` indirect costs of providing interim Collection service. 15.4. Termination with or Without Cause. The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Franchisee is found to have failed to perform services in a manner satisfactory to the City. The City shall be sole judge of non-performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Franchisee shall be compensated for all services performed to the City's satisfaction. Section 16. General Provisions 16.0 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 16,1, Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. Page 21 of 24 118 of 302 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3 Governing Law and Venue. This agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River County and the Agreement will be interpreted according to the laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute relating to this Agreement. 16.4 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or. provision held- to be -.void. The parties fiutlier agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken -provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which of the essence of the Agreement, at the option of the City, be determined to be void. 16.5.1 Assignment of Entire Agreiement. No assignment o f -this Agreement or ;any;right occu*g under this Agreement shall be made in whole by the Franchisee without the express prior- written consent of the City. The City shall. have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisees Any assignment of .this .Agreement made by the Franchisee without the express prior written consent of the City, shall be null and void and shall' be grounds for the City;tp declare a default of this Agreement ;and immediately terminate this Agreement by giving written notice to the Franchisee Upon the date of such notice, this Agreement shall ;be deemed immediately terminated, and upon such termination all liability of the' City under this Agreement to the' Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint ventures between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Page 22 of 24 119 of 302 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee otherwise. 16.9. Representation of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the document. 16AI Notices. All dealings,..contacts, notices, and payments;between the.l~ranchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project`1Vlanager, each :of whom shall_ be designated and identified to 'the other party, in. writing, upon execution of this Agreement. Any notice, demand, communication, or request;required or _permitted under this Agreement shall be in writing and delivered, in person or sent by certified mail, postage prepaid as follows:: As to the City: City of Sebastia> 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney As to the Franchisee: Copy To: Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will deemed received on next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. Page 23 of 24 120 of 302 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. By: By: Jeanette Williams Approved by: Franchisee: By Manny Anon, City Attorney Name/Title: Witness Signature: Print Name: Witness Signature,: Print Name: State of Florida, County oft :.,_. The foregoing instrument was acknowledged before me this by as Paul E. Carlisle of Company Name on behalf of the same. He/she is personally known to me or has produced as identification. (Notary Seal) Notary Signature Page 24 of 24 (Affix Corporate Seal) day of a Florida corporation, Printed Notary Signature Notary Public, State of Commission Number: My Commission Expires: 121 of 302 CITY 0F BASY HOME OF PELICAN ISLAND REQUEST FOR PROPOSALS Request For Proposal # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES EVENT RELEASE DATE: PRE -PROPOSAL MEETING (Attendance Mandatory) (2"1 Floor Conference Room): QUESTIONS DUE DATE/TIME: DUE DATE/TIME: 1ST EVALUATION MEETING: 2ID PRESENTATION/EVALUATION MEETING, if applicable: RECOMMENDATION OF AWARD: City Council Meeting at City Hall 1225 Main Street Sebastian, Florida 32958 DATE TIME October 21, 2022 - 10:00 AM Wednesday, November 30, 2022 LOCAL TIME 2:00 PM Monday, December 5, 2022 LOCAL TIME Thursday, December 15, 2022 2:00 PM LOCAL TIME Wednesday, January 4, 2022 10:00 AM LOCAL TIME To Be Determined TO BE DETERMINED Wednesday, February 22, 2023 6:00 PM LOCAL TIME *The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. Dates in this schedule may be amended by the City; it is the Proposer's responsibility to check for any changes. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre -bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. Contact Person Don Wixon Procurement/Contracts Manager Email: dwixonacitvofsebastian.ors 122 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 REOUEST FOR PROPOSAL COVER SHEET REQUEST FOR PROPOSAL # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES PROCUREMENT CONTACT: PROPOSALS TO BE RECEIVED NO LATER Don Wixon, THAN: Thursday, December 15, 2022 by 2:00 P.M., Procurement/Contracts Manager Local Time PHONE NUMBER: (772) 388-8231 E-MAIL: dwixonaa,citvofsebastian.ore PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID Mandatory Pre -Bid Mandatory Proposer Name: Address: Citv of Sebastian — City Hall Council Chambers 1225 Main Street Sebastian, FL 32958 Phone Number: Proposals are firm for One -Hundred twenty Days (120)-work days. Yes _ No Other Fax Number: E-Mail Address: FEIN Number: If submitting a "NO PROPOSAL," state reason: Proposal packages shall only be mailed or hand -delivered to the Procurement Department, located in the CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Receipt of Proposals shall be officially closed after time and date identified in this proposal. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Administrative Services will be the official authority for determining late Proposals. One (1) original signed in Blue Ink (MARKED "ORIGINAL"), and five (5) copies, and one (1) electronic PDF copy on Compact disk (CD) or flash drive of all Proposal sheets and required attachments shall be executed and submitted in a sealed envelope. Proposer shall mark Proposal envelope, RFP No. 22-07 — EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES. Proposer's name and return address shall be clearly identified on the outside of the envelope. Authorized Signature Printed Name Title (printed or typed) Date Page 2 of 42 123 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 CHECK LIST OF MINA 11W. REPUjRJF1n SUBMITTALS, This "Standardized Checklist" has been provided to assist the Proposer with the submission of their Proposal package. This Checklist cannot be construed as identifying all required submittal documents for this project. Proposers shall remain responsible for reading the entire Proposal document to ensure they are in compliance. The City, in its sole discretion, SHALL reserve the right to reject any and all Proposals, to waive any and all formalities and reserves the right to disregard all nonconforming, non -responsive or incomplete Proposals. The City specifically reserves the absolute right to determine the seriousness of any Proposer's failure to specifically conform to the requirements of the proposal document. Proposers cannot utilize the City's determination of the of any specific non-conformance as a basis to protest the award of any Proposal. Proposals may be considered subject to rejection if, in the sole opinion of the City, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Proposal, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject as non -responsive, any or all Proposals where Proposers fail to acknowledge receipt of Addenda as prescribed. PROPOSAL SUBMITTALS/FORMAT& Included YES 1 NO I N/A Proposer has completed, signed (blue ink) and included Request for Proposal Cover Sheet, page 2. Proposer has completed, signed (blue ink) and included the Checklist of Minimum Required Submittals, page 3. _ Proposer has provided One (1) Original hard -copy Proposal (marked "ORIGINAL"), signed (blue ink), plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. Proposer has provided the Five (5) hard copies of their Proposal (marked "COPY") Proposer submittal is organized (to include all information requested under each tab) in tabbed format as described in Section IV,_Proposal Criteria, page 25. _ _ } __ Proposer has confirmed that their Proposal reflects all Addenda for this project (all Addenda will be posted to www.vendorlink.com, htti)://demandstar.com and http://www.cityofsebastian.org for notification and retrieval). Proposer has completed, signed (blue ink) and included their Proposal Forms Proposer has provided and signed (blue ink) the Notifications Affidavit stating they I recognize and shall comply with the following: Conflict of Interest, No Lobbying, No Collusion, Immigration Laws, Drug -Free Workplace, Public Entity Crimes, Debarment and Sus e�nsion, and Scrutinized_ Vendor, page 41. Proposer completed and included their Reference Form, page 35. Proposer has completed, signed (blue ink) and included their Identical Tie Proposal sheet with signature_— {if applicable), page 36. _ Proposer has signed (blue ink) and included their Proposer's h,euia.." Requirements Acknowledgement, page 33. Proposer has included a c9py of business tax receipt (occupational license _ Proposer has completed, included, and Shall comply with the following: Proposer's Disclosure, and E-Verify� and Notifications Forms. All signed in blue ink, pages 3$ — 41. Proposer has read, undefs'tood, and submitted all required documentation for Proposal evaluation Proposer will include and describe the collection route schedule and maps, page 20, Section D. Authorized Signature Company Printed Name and Title 3 A 42 124 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 TABLE OF CONTENTS REQUEST FOR PROPOSAL #22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES SECTION I Page No. Request for Proposal Cover Sheet 2 Checklist of Required Submittals 3 Introduction and Instructions to Proposers 5 Standard Terms & Conditions 6 - 12 Special Conditions/Performance Bond 13 General Terms and Conditions 14 - 15 SECTION II Page No. Background and Current Residential Collection 16 - 17 SECTION III Page No. Scope of Work 18 Minimum Qualifications 18 Residential Service Options 18 - 19 Collection Route Schedule and Maps 20 General 21 - 23 SECTION IV Page No. Evaluation Procedure and Proposal Criteria 24 - 27 SECTION V Page No. Proposal Forms and Required Documentation Forms 28 - 32 Insurance Requirements Acknowledgement Form 33 - 34 Reference Form 35 Identical Tie Proposal Form 36 Addenda Acknowledgement 37 Proposer's Disclosure Form 38 - 39 E-Verify Acknowledgement Form 40 Notifications Affidavit Form 41 Subcontractors Listing Form 42 Pace 4 of 42 125 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION I INTRODUCTION & INSTRUCTIONS TO PROPOSERS The City of Sebastian (hereinafter referred to as "City") is requesting sealed Proposals for exclusive Solid Waste Services. PROPOSAL DUE DATE & TIME: Thursdav, December 15. 2022 at 2:00 P.M. Local Time. Proposal packages shall only be mailed or hand -delivered to the Office of the Procurement Department, located at CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Proposals are to be received NO LATER THAN 2:00 P.M. LOCAL TIME, after which time receipt shall officially be closed. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of the Administrative Services Department will be the official authority for determining late Proposals. NOTE: Proposals will be opened on the same date and time as identified above. The Proposal opening will be conducted in the City of Sebastian City Hall Council Chambers on Thursday. December 15. 2022 at 2:00 P.M. LOCAL TIME. Only the NAME of the firms who submitted a response to this Request for Proposal will be read aloud. All Proposals must be executed and submitted in a single sealed package. Proposer shall mark Proposal package, "RFP No. 22-07 — EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES." Proposer's name and return address should be clearly identified on the outside of the package. Proposer shall submit six (6) complete sets with all supporting documentation: o One (1) hard -copy original (marked "ORIGINAL") and signed in blue ink, plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. o Five (5) hard -copies (marked "COPY") Proposals submitted by facsimile (fax) or electronically via e-mail shall NOT be accepted. Submittal of a Proposal in response to this Request for Proposal constitutes an offer by the Proposer. Proposals, which do not comply with these requirements, may be rejected at the option of the City. It is the Proposer's responsibility to ensure that Proposal submittals are in accordance with all addenda issued. Failure of any Proposer to receive any such addendum or interpretation shall not relieve such Proposer from its terms and requirements. Addenda are available online at httn://www.demandstar.com. www.vendorlink.com and http://www.cityofsebastian.ore. Proposals not submitted on the enclosed Proposal Form may be rejected, unless stated otherwise in the Proposal documents. A Mandatory Pre -Proposal meetine will be held on Wednesdav, November 30, 2022 at 10:00 a.m. Local Time, in the Citv of Sebastian Citv Hall 2°a Floor Conference Room located at 1225 Main Street. Sebastian, Florida. This mandatory Pre -Proposal meetine will allow the Proposer the opportunity to inspect the worksite and brine forward anv auestions concernins this Proposal. For information concerning procedure for responding to this Request for Proposal (RFP), contact Don Wixon, Procurement/Contracts Manager at dwixon a citvofsebastian.orc or at (772) 388-823) . Such contact is for clarification purposes only. Material changes, if any, to the Scope of Services, or Proposal procedures will only be transmitted by written addendum. All questions about the meaning or intent of the Proposal Documents shall be submitted in writing and directed to the City of Sebastian 1225 Main Street, Sebastian, Florida 32958, Attention: Don Wixon. Questions can also be sent via e-mail to dwixon0vcityofsebastian.o1g. Proposers are responsible for verifying questions were received by the Procurement contact. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Proposers in submitting their Proposals. Pa ,e 5 of 42 126 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 STANDARD TERMS & CONDITIONS ACCEPTANCE AND REJECTION: The City shall reserve the right to accept or reject any and all Proposals and to accept the Proposal which best serves the interest of the City of Sebastian. The City may award sections individually or collectively whichever is in its best interest. ADDENDUM AND AMENDMENTS TO REOUEST FOR PROPOSAL: If it becomes necessary to revise or amend any part of this Request for Proposal, the City's Procurement Department will post the Addenda information online at htti)://www.demandstar.com. www.vendorlink.com, and on the City of Sebastian web page httn://www.cityLofsebastian.orR. ADDITIONAL TERMS & CONDITIONS: No additional terms and conditions included by the Proposer with the Proposal response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this Proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. The City reserves the right to reject Proposals containing any additional terns or conditions not specifically requested in the original terms, conditions and specifications. AWARD: Award will be made to the best responsive and responsible Proposer whose Proposal is determined by the City to be in the best interest of the City. It is most common, not guaranteed, the Proposer who scores the highest number of points will be recommended to City Council. As the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items, "All or None", or any combination thereof; to award to one or more Proposers; to reject any or all Proposals; to waive any minor irregularity in Proposals received; and, at the City's sole discretion, to request a re -Proposal. Notwithstanding the above reservation of rights, the City anticipates making only one award. COMMITTEE MEETINGS & INFORMATION: The Notice of Committee Meetings will be posted within a reasonable time period (generally 24-hours) in advance of such meetings. Proposers are responsible to check the following locations for updates on this Proposal's status: on the bulletin board located in the main lobby of the City Hall building at 1225 Main Street, Sebastian, Florida 32958, at htty://www.demandstar.com, www.vendorlink.com and at the City's Web Page httna/www.citvofsebastian.ora. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Section 286.011, Florida Statute and Section 24(b), Art. 1, Florida Constitution. DEVIATION FROM SPECIFICATIONS: No deviations from the specifications herein shall be allowed. The proposal must be in strict compliance with the specifications and the successful Proposer shall be held accordingly, DISCRIMINATORY VENDOR LIST: An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal for a contract to provide goods or services to a public entity, shall not submit a Proposal on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity (Section 287.I34(3)(d), Florida Statute). ECONOMY OF PREPARATION: The Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposers' ability to fulfill the requirements of the Proposal. CONE OF SILENCE: A Cone of Silence is hereby imposed and made applicable to this Request for Proposal. The Cone of Silence shall become effective from the time this RFP is released and shall terminate at the time the City Council meets to consider the recommendations as to a final decision regarding award of contract, rejects all responses, or takes other actions that end the procurement process. During the effective time period of the Cone of Silence, any person or entity that submits a Proposal or that will be subject to evaluation under the terms of this RFP - _ c 42 127 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 with members of the City Council, City Manager, and City staff other than the contact person as listed. Proposers who violate the Cone of Silence shall be automatically disqualified from further consideration. (A) Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any communication between a bidder, proposer, contractor or protestant (or its employees, agents or representatives) and the City (its members, employees, agents, legal counsel, contractors, or representatives) during the selection process and award is strictly prohibited. Communication shall be prohibited during the following periods: (1) From the date of advertising of the solicitation through award of a contract; and (2) From initiation of a protest of an award or contract through resolution for the parties involved in the protest. (B) EXCLUSIONS: This requirement shall not prohibit: (1) PRE -BID AND PRE -PROPOSAL MEETINGS: Meetings called or requested by the Procurement/Contracts Manager and attended by bidders or Proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, Pre -Bid or Pre -Proposal meetings, site visits to the City's facilities or property, site visits to bidders' or Proposers' facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting firms. Such authorized meetings shall be limited to topics specified by the Procurement/Contracts Manager. (2) Solicitation documents may provide for communications from bidders or Proposers to the designated Procurement/Contracts Manager, or discussion at meetings called or requested by the City pursuant to this subsection. (3) Addressing the City Council regarding non -procurement topics at public meetings. (4) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings; (5) Contacts by the City's current contractors but only in regard to: a. any work being performed on City projects unrelated to the solicitation, or b. any City projects under the prohibited ex parte communications for which the current contractors do not intend to submit a response or have not submitted a response to any solicitation documents for those projects; (6) Communications between the Procurement/Contracts Manager, or other City representatives and the bidder or contractor for routine matters arising from ongoing projects or contracts previously awarded; (7) Contacts by bidders and Proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation; (8) Communications between the Procurement/Contracts Manager and Bidders and/or Proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person. (9) Violation of this provision shall be grounds to disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City. INDEMNIFICATION: The Proposer shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Proposer 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 Proposer 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. Pioe 7 of 42 128 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 INFORMALITIES: The City of Sebastian reserves the right to both waive any informality in Proposals and to determine, in its sole discretion, whether or not informality is minor. INFORMATION AND LITERATURE: Proposers are to furnish all information and literature requested. Failure to do so may be cause for rejection. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the Procurement Manager. Interpretations, that may affect the eventual outcome of this Proposal, will be furnished in writing to all prospective Proposers. No interpretation shall be considered binding unless provided in writing by the City of Sebastian. PROMPT PAYMENT: Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Contractor in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor when requested to do so by the City Manager or Procurement/Contracts Manager. All invoices shall be directed to the Accounts Payable Section, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. PRICING: If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded. PROPOSAL ACKNOWLEDGEMENT: By submitting a Proposal, the Proposer certifies that he/she has full knowledge of the scope, nature, and quality of work to be performed. PROPOSER EXPENSES: No out of scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract. The City shall not pay a retainer or similar fee. The City shall not be held responsible for any expenses that a Proposer may incur in preparing and submitting Proposals called for in this request. The City shall not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses; and the like, incurred by the Proposer. The City shall not be liable for any costs incurred by the Proposer in connection with any interviews/presentations (i.e., travel, accommodations, etc.). PUBLIC RECORDS: Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statute and Section 24(a) Article I of the Florida Constitution until such time as the agency provides a notice of an intended decision or until 30-days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from Section 119.07(1), Florida Statute and Section 24(a) of the Florida Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation, or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12-months after the initial agency notice rejecting all bids, proposals or replies. The City is a public agency subject to Chapter 119, Florida Statutes. The Proposer shall comply with Florida's Public Records law. Specifically, the Proposer shall: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Proposer does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Proposer or keep and maintain public records required by the public agency to perform the service. P:ne 8 cif 42 129 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 If the Proposer transfers all public records to the public agency upon completion of the contract, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the contract, the Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5. Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the 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. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the Proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. The failure of the Proposer to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement. If the Proposer has questions regarding the application of Chapter 119 Florida Statutes, to the contractor' duty to provide public records relating to this contract, contact the custodian of public records at the City of Sebastian located at 1225 Main Street Sebastian, Florida; 772-388-8215, or iwilliams&citvofsebastian.org. OUANTITIES: The City reserves the right, in its sole discretion, to increase or decrease total quantities as it deems necessary. Quantities listed on proposal sheet(s) identify anticipated award amounts. REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Proposer shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation of service personnel. REOUEST FOR MODIFICATION: The City reserves the right to negotiate a final agreement with the top -ranked Proposer to more fully meet the needs of the City. RECOMMENDATION OF AWARD INFORMATION: The Notice of Consideration for Award for Proposals will be posted in advance of such award. Proposers are responsible to check the following locations for updates on this proposal's status: on the bulletin board located in the main lobby of the City Hall building at 1225 Main Street, Sebastian, Florida 32958; at htty://www.demandstar.com. www.vendorlink.com and through the City's Web Page httn://www.citvofsebastian.ore. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers who do not have Internet access may request a copy of the tabulation by contacting the Procurement Department. RESPONSIBLE PROPOSAL: A Proposer, business entity or individual who is capable to meet all of the requirements of the solicitation and subsequent contract is defined as a Responsible Proposal. The offer must demonstrate that they possess the full capability, including financial and technical, to perform as contractually required and must fully document the ability to provide good faith performance. RESPONSIVE PROPOSAL: A Responsive Proposal is a Proposer, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the RFP and all of its requirements, including all form and substance. TAX EXEMPTIONS: The City of Sebastian is exempt from paying Florida sales and use taxes on goods and services purchased by the City. Proposers doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City unless an exemption is available to the Proposer, nor shall any Proposer be authorized to use the City's Tax Exemption Number in securing such materials. Page 9 cif 42 130 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 TIME FOR CONSIDERATIONS: Proposals will be irrevocable after the time and date set for the ovenine of Proposals and for a neriod of one -hundred twentv (120) days thereafter. TRADE SECRETS: Proposers should not send trade secrets. If, however, trade secrets are claimed by any Proposer they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a Respondent fails to submit a claim of trade secrets to the City before obtaining the City's agreement, any subsequently -claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (F.S. 119.01). CONFLICT OF INTEREST: The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. NO LOBBYING: All Proposers and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for proposals, qualifications and/or any other solicitations released by the City. To do so is erounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the Citv. Mavor. and Citv Council have made a final and conclusive determination. NO COLLUSION: Proposer and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached RFP, and of all pertinent circumstances respecting the provision of the goods or services to the City, the Proposal, or offer being made is genuine and is not collusive or a sham. By submittine a Pronosal to this RFP. Proposer certifies that all information contained in the Proposal is truthful to the best of their knowledge and belief. Pronoser further certifies. under oath. that this Proposal is made without anv colluded. consnired, connived or aereed, directly or indirectly. with anv other firm. person or corporation resuondine to this solicitation for the same product or service. Proposer further certifies that Proposer has not divulged discussed, or compared this Proposal with other Proposals and has not colluded with any other Proposer or parties to a Proposal. Any violation of this provision will result in the cancellation and/or return of Proposal's materials (as applicable) and the removal of Proposal from the list(s). 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. Facie 10 of 42 131 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 DRUG -FREE WORKPLACE: In accordance with Florida Statute Section 287.087, Proposer certifies the following: 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. 2. Employees are informed about the dangers of drug abuse in the work place, the Proposer's 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. 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 1893, 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. 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. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. 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 polo contendere. "Affiliate" as defined in Paragraph 287.133 (1) (a). Florida Statutes. means: (1) A predecessor or successor of a person or a corporation 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, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 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 PROPOSAL. DEBARMENT AND SUSPENSION: Proposer certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. 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; Page 11 of 42 132 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 3. 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 4. 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. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. SCRUTINIZED COMPANIES: Proposer certifies under penalties of neriurv. as of the date of this solicitation to provide eoods and/or services to the City. that it complies with: 1.12.1. Does not participate in a boycott of Israel; and 1.12.1. Is not on the Scrutinized Companies that Boycott Israel List; and 1.123. Is not on the Scrutinized Companies with Activities in Sudan List; and 1.12.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 1.12.4. Has not engaged in business operations in 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. Section 287.135, Florida Statutes, 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 proposal 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 Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida Statute, or are 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. Pane 12 of 42 133 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SPECIAL CONDITIONS PERFORMANCE BONDS: When the successful Proposer delivers the executed Agreement to City, it shall be accompanied by the required Bonds, Insurance Certificates and Endorsements. The Proposer shall furnish a Performance Bond, in an amount equal to 50% of their proposed Residential Rate — Category 1 times the total number of Residential Households, annually adjusted each October In thereafter, as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date of final payment, except as otherwise provided by law. State of Florida Bonding Reauirements: 1. The surety (bonding) company must be licensed to conduct business in the State of Florida and show proof thereof. 2. The surety (bonding) company must hold a current certificate authorizing them to conduct business in the State and show proof thereof. 3. The surety has twice the minimum surplus and capital required by the Florida Insurance Code; and show proof thereof. 4. The surety (bonding) company is in compliance with the Florida Insurance Code; and show proof thereof. 5. The surety (bonding) company holds a valid certificate of authority issued by the U.S. Department of Treasury and show proof thereof. 6. Those copies of all documents that the surety (bonding) company provided are certified. 7. Each surety, (bonding company) provide proof that it is listed in the current issue of the Federal Registry, Department Circular 570, Department of the Treasury, of "Companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds as Acceptable Reinsuring Companies". Sureties may also provide proof that they are authorized to transact insurance business in the State of Florida and in addition thereto, they may provide a copy of their current, audited, annual statement indicating their current financial condition. Pa<;e 13 of 42 134 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 GENERAL TERMS AND CONDITIONS CORRECTIONS. CANCELLATION. & WITHDRAWAL: Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. WAIVER OF TECHNICALITY AND WAIVER OF IRREGULARITIES: Information shall not be considered after the solicitation opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. THE CITY MAY WAIVE ANY INFORMALITY, TECHNICALITY, OR IRREGULARITY ON ANY PROPOSAL, IN ITS SOLE DISCRETION. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. a. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. b. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP its entirety prior to award in its sole discretion. c. Withdrawal: Prior to any published proposal opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. d. Amendinn Proposal: Prior to the published Solicitation Opening date and time, a Proposer may amend their Proposal provided that it is in writing, in a sealed envelope, and identified. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. The Proposer (s) who is selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. SUBCONTRACTORS AND EMPLOYEES: The Pronoser is reauired to identifv anv and all Sub -consultants that will be used in the nerformance of the proposed Agreement and to clearly identifv in their Proposal the percentaves of Work to be performed by their Sub -consultants. Identifv on nave 42. DELETION OR MODIFICATION OF SERVICES: The City reserves the right to delete, increase, or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be adjusted at the same ratio as the estimated costs of the Services. AVAILABILITY OF FUNDS: The obligations of the City under this award are subject to the availability of funds lawfully appropriated for its purpose by the City of Sebastian City Council. COUNCIL MEETING: The Proposer must be available to attend City Council meetings, when required. The Proposer must be prepared to answer any questions and/or provide a presentation, if requested, by City Council and/or by an authorized City representative(s). The awarded Proposer is not required to attend the City Council meeting for the approval of the rankings, but attendance is recommended, and welcome. The date and time of the City Council meeting will be publicly noticed. NOTICE TO PROCEED: The Proposer 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; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this RFP and resulting Contract. TERMINATION WITH OR WITHOUT CAUSE: The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Proposer is found to have failed to perform services in a manner satisfactory to the City. The City shall be sole judge of non-performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Proposer shall be compensated for all services performed to the City's satisfaction. PagE 14 of 42 135 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 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 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, Proposers 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. PROTEST PROCEDURE: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file a timely formal written Protest within the time specified shall constitute a waiver by the Proposer of all rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature of the grievance and the grounds upon which any relief, modification or change is based Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest. The Procurement/Contracts Manager shall issue a decision in writing within seven (7) calendar days 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 by the City Manager. 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 to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision. Stav 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 makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City in its sole discretion and that the decision is final. END OF SECTION I Page 15 of 42 136 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION H BACKGROUND: The City's current exclusive franchise agreement with Waste Management includes exclusive collection of solid waste, yard waste, bulk waste, electronic waste, white goods, tires and commercial solid waste. Collection of commercial and residential recycling materials is outside the scope of the existing franchise agreement, as this is currently under a County -wide contract or is open market. As of March 15, 2022, the City has approximately 8,300 active residential accounts. Each account has a minimum of 1 (one) solid waste container. Current residential collection service includes the following: • Twice per week collection of solid waste in Franchisee containers. • Once per week collection of yard waste. • On -call collection of white goods. (bulk waste). • Residential Solid Waste shall not be collected by the Franchisee on Sundays, or the holidays of Memorial Day, July 4`h, Labor Day Thanksgiving Day, Christmas Day or New Year's Day unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the County Landfill is closed. If the Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste (other than Yard Waste) on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. If yard trash is scheduled to be collected on Memorial Day, July 4u', Labor Day, Thanksgiving Day, or on a holiday when the County Landfill is closed, collection will not occur that day and Franchisee shall instead collect Yard Trash on the next regularly scheduled collection day. If Yard Trash is scheduled to be collected on Christmas Day and New Year's Day, then Franchisee shall instead collect Yard Trash on the Saturday after Christmas Day and New Year's Day. • Residential collection begins no earlier than 7:00 AM and ceases no later than 6:00 PM. Current Multi-dwelline collection service includes the following: • Automated collection of solid waste, from contractor -provided and maintained containers, at a frequency of no less than twice per week. Current dumnster use includes the followine: • Waste Management provides and services 20-yard dumpsters and above. All dumpsters less than 20 yards can be provided and serviced by another waste collection services company. Current commercial collection service includes the following: • Automated collection of solid waste in contractor -provided and maintained containers, at a frequency negotiated between the contractor and customer. • Commercial collection begins no earlier than 7:00 AM and ceases no later than 5:00 PM. Current municipal collection services include the followine: • Twice per week collection of solid waste in Contractor -provided and maintained containers at all City locations at no charge to the City. • Collection of solid waste at 36 public locations and following approximately three (3) scheduled City -sponsored communities clean up events at no additional charge. • The City of Sebastian provides, maintains and empties all garbage in City Parks. The current billine process is as follows: • Account activation, termination, monthly billing, and collection of payment are entirely handled by the Contractor. • All account information is maintained by the Franchise. • Universal: If the City should choose Universal, the City would send out the first invoice, then future invoicing would go on the tax bill Page 16 of 42 137 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 The current solid waste container process is as follows: • Account activation, delinquency, or termination is executed by the Franchise. • Each account activation requires a minimum of 1 (one) solid waste container provided by the Contractor. • The Contractor maintains on -hand container inventory adequate for serving new accounts, replacements, and maintenance. • Solid waste container cleaning is the responsibility of the customer while in their possession; however, containers obtained through delinquency or account termination are cleaned by the Contractor. END OF SECTION II Page 17 of 42 138 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION III SCOPE OF WORK: The City of Sebastian is requesting Proposals from collectors for award of an Exclusive Franchise Agreement to provide collection and transport services for automated single-family, duplexes and multi- dwelling residential solid waste, yard waste, bulk waste, white goods, ; and, for commercial solid waste collected in individual containers, front -load containers/bins, and compactors citywide. The Collector shall comply with all federal, state, and local requirements and shall acquire and maintain all required permits and licenses. All Solid Waste containers (dumpsters, wheel -out, front end load business containers/multi-family, front end load compactors, open top, etc.) for each service option shall be provided in the Proposal. All solid waste containers shall be provided, owned and maintained by the Proposer, and shall include customer service information such as a name of company and phone number. THIS SECTION DESCRIBES THE PRIMARY SERVICES TO BE PROVIDED BY THE SELECTED COLLECTOR COLLECTORS SHALL SUBMIT, WITH THEIR PROPOSAL, A DRAFT FRANCHISE AGREEMENT FOR REVIEW BY CITY STAFF. A. NIINEVIUM OUALIFICATIONS OF COLLECTOR _Tbe City is seeker Collectors with the following exnerience: 1. Proposer has a minimum of eight (8) years of experience providing solid waste collection services in Florida. 2. Proposer has provided exclusive residential collection service, including solid waste, yard waste, bulk waste, white goods, electronic waste, light bulbs, and tires, to at least two (2) local government jurisdictions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years. 3. Proposer is currently servicing a minimum of one (1) residential collection contract having a minimum of 10,000 curbside residential units. 4. Proposer satisfactorily meets all other requirements of the RFP. AGREEMENT TERM/RENEWAL AND FRANCHISE FEE: The City intends to award an initial seven (7) year contract to the successful Proposer commencing on]uly 1, 2023,terminating on August 31, 2030 with an option to renew for one (1) additional five (5)-year term based upon mutual consent of both parties. The Proposer shall provide a Franchise Fee based on gross revenues collected pursuant to the Franchise granted herein. The Franchise Fee shall be paid to the City, by wire or check, on or before the fifteenth (151h) day of each month for all services collected (for all residential, multi -dwelling and commercial customers) by the Franchisee during the preceding month. RESIDENTIAL SERVICE OPTIONS: The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide one (1) new wheel -out solid waste container having an approximate capacity of 36-gallons, 64-gallons, or 96-gallons as specified by the resident. Residents shall be permitted to request additional containers. The containers shall be owned by the Proposer. The Proposer shall provide wheel -out solid waste container service from single-family residences for residents who are physically disabled (approximately forty (40) homes) and unable, and have no other means, to place their containers, bulk waste, white goods, at the collection point. In addition, all proposals must thoroughly describe the Proposer's customer service functions and the billing functions used with the subscription options. All homes, etc. shall receive new containers. 1. Cateeory 1 — Subscrintion Pr000sal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 2. Cateeory 2 — Subscrintion Pronosal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. P:Ige 18 of 42 139 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 3. Cateeory 3 — Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 4. Cateaory 4 — Universal Proposal: Proposer will provide one (lX) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. B. DUPLEX & FOURPLEX OPTIONS (five (5) or less units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. In all Proposals that utilize wheel -out containers. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide solid waste wheel -out containers having an approximate capacity of 36-gallons, 64-gallons, 96-gallons, as specified by the owner. Residents shall be permitted to request additional containers. The containers will be owned by the Proposer. The Proposer shall provide wheel -out solid waste containers service for residents who are physically disabled and unable, and have no other means, to place their containers, bulk waste, white goods at the collection point. In addition, all proposals must thoroughly describe the Proposer's customer service functions and the billing functions used with the subscription options. 1. Category 1 — Subscription Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 2. Category 2 — Subscription Proposal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 3. Cateeory 3 — Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 4. Cateeory 4 — Universal Proposal: Proposer will provide one (lX) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. C. MULTI -DWELLING SERVICE OPTIONS (six (6) or more units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, wheel -out solid waste container service from multi -dwelling residents for residences, etc. All Solid Waste containers for each category shall be provided by the Contractor. The containers will be owned by the Proposer. Proposer shall locate dumpsters at a point designated by the hauler in consultation with the customers. In addition, all proposals must thoroughly describe the Proposers customer service functions and the billing functions used with the subscription options. 1. Category 1 — Subscription Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 2. Category 2 — Subscription Proposal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 3. Category 3 — Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. Fade 19 of 42 140 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 5. Category 4 — Universal Proposal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. D. COLLECTION ROUTE SCHEDULE AND MAPS: 1. Proposer shall include a proposed route schedule and map for all residential services Proposals. 2. Proposer shall describe the collection route schedule and maps. 3. A new company can start with preliminary maps but shall be required to submit final maps within three (3) months of contract execution. E. CITY FACILITY SERVICE: 1. The Proposer shall provide, at no cost to the City, collection of solid waste and recycling which is generated at property owned, leased, rented, and controlled by the City. 2. The Proposer shall provide all bins, containers, dumpsters, compactors, and roll -off containers necessary to provide these facilities solid waste and recycling services at no additional cost. A list of Citv facilities collection locations is available in Attachment 1. Proposer shall also provide service to any new City facilities added after the publication of this Request for Proposals. 3. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. 4. Snecial Event Cleanuns. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics, light bulbs, batteries (Universal Waste) and tires. 5. The Proposer shall provide up to fifty (50) blue 64-gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute and service the carts. Proposer will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Proposer will service the dumpster as part of a regular commercial recycling route. If additional City facilities require outside recycling cart service, the City will advise the Proposer and it will provide carts for the City to distribute. Such facilities will be added to a regular recycling route. 6. City Annual Events. The Proposer shall provide, at no cost to the City, the containers and collection of solid waste and recycling which is generated at four (4) City annual events: Independence Day Celebration held in July at Riverview Park with an attendance of approximately five thousand (5,000); Sebastian Clambake held in November at Riverview Park with an attendance of approximately five thousand (5,000), and the Shrimp Fest held in March with an attendance of approximately five thousand (5,000). Communitv Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. F. CONIlVIERCIAL SERVICE: 1. Commercial solid waste collection shall be provided in the most efficient manner not less than twice (1X) per week and at a greater frequency if required to protect the public health. If collection is more than once per day, the Collector may charge customer for extra collection. Proposals must thoroughly describe the Proposer's customer service functions and the billing functions. Pnae 20 of 42 141 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 2. The containers shall include the company's name and customer service information such as a phone number. All Solid Waste containers shall be provided by the Contractor. The containers will be owned and maintained by the Proposer. G. YARD WASTE SERVICE: Yard waste collection shall be provided not less than one (1) time per week There will be a four (4) yard limit and no requirement to bundle the yard waste that will be collected from each residence. All Yard Trash Includingpalm ds do not need to be bundled. bagged. or containerized by the Customer. All Yard Trash must bee separated from Garbage. Trash. and Bulk Trash: no more than four W feet in length and no more than three (3) inches in diameter: less than fifty (50) pounds: shall not exceed four (4) cubic yards per collection and -shall be placed neatly at the Curbside Collection Point by the Customer. Natural Cbrishnas trees will be collected as Yard Trash. provided the sections of the tree are not more than eight (8) feet in length or more than fifty(50) pounds. The Franchisee shall not co - mingle Yard Trash and other J=es of Solid Waste in the Franchisee's Collection vehicles. H. BULK WASTE. WHITE GOODS. ELECTRONIC WASTE AND TIRES: 1. Proposer shall provide on -call curbside collection of bulk waste (including move -out piles on all public right -of way), white goods, and electronic waste, light bulbs, batteries, and tires. Proposer shall process and dispose of all bulk waste and white goods in accordance with all applicable laws. 2. Services shall be provided to all residential premises, including multi -dwelling residences, at no additional cost to the residents or City. Notwithstanding, Proposer may charge for Freon removal from Freon - containing appliances. 3. Proposer shall ensure nick-un of bulk waste. and white goods. within three (3) business days of the "on - call" reouest from the address by which the bulk waste, white goods, electronic waste and/or tires was set out or reported by a resident. I. CONSTRUCTION AND DEMOLITION DEBRIS SERVICES: 1. Proposer has the right, but not the exclusive right, to collect construction and demolition debris. The collection of construction and demolition debris shall be performed in conformance with all standards adopted by the City Council by ordinance or resolution. 2. Proposer may provide these services at competitive rates that shall not be controlled by this Exclusive Franchise Agreement. 3. Residential customers may place small amounts of construction and demolition (C&D) debris resulting from minor home improvement projects in their containers as part of regular residential collection service. J. HAZARDOUS WASTE NOTIFICATIONS AND PROCEDURES: 1. The collection, transportation and disposal of hazardous waste designated by OSHA in accordance with 40 CFR 261 and any materials specified in 40 CFR Part 262 is specifically beyond this scope of work. Proposer and City shall take all reasonable steps necessary to prevent hazardous waste from being collected, transported, or disposed of by Propose. 2. Proposer shall provide a tag to be attached to any containers containing hazardous waste items and shall keep a record of all residents who have received a tag. The tag shall notify the resident where the waste items contained therein may be properly disposed. 3. Proposer shall notify all agencies with jurisdiction, including local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of hazardous waste, found or observed by Proposer anywhere within the City, including on, in, under or about City owned -property and City waste containers. In addition to other required notifications, if Proposer observes any substances which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on City -owned property, including but not limited to streets in the City, storm drains, or public rights of way, Proposer also shall immediately notify the City. Page 21 of 42 142 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 4. Proposer shall not be responsible for collection and disposal services for bio-hazardous waste, biological waste, hazardous waste, sludge, and special waste. However, to the extent qualified and licensed, Proposer may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Proposer shall directly bill such persons and entities for such services at a rate mutually agreed on between Proposer and such persons and entities. K EMERGENCY RESPONSE: 1. The City SHALL reserve the right to negotiate with the awarded Proposer for collection of emergency/natural disaster debris. The City agrees that it shall pay the Proposer for such additional services in an amount mutually agreed upon by the City and the Proposer, provided the City has authorized such work in advance and documented in a manner that meets State and FEMA requirements to qualify for reimbursement. 2. Nothing in this agreement shall exclude the City from using its own workforce and equipment, or other Proposers, for removal of debris or solid waste after such disaster event. L. CONTAINERS FOR RESIDENTIAL SERVICES: 1. Proposer shall provide at, its own cost and expense, the initial residential containers and any replacement containers to all residential premises. 2. All residential accounts shall receive one (1) standard solid waste container having an approximate capacity of 36-gallons, 64-gallons, or 96-gallons as specified by the resident. 3. All residential containers provided by Proposer shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. 4. Repairs to residential containers for damage caused by ordinary wear and tear by the residents or by Proposer shall be the responsibility of Proposer. These repairs include replacement of wheels, lids, hinges, axles, and handles. Proposer shall have the right to charge residents for residential containers damaged through willful or intentional abuse or misuse. 5. In the event delivered solid waste containers are lost, stolen, damaged or destroyed, not through the willful or intentional abuse or misuse of resident, Proposer shall deliver to the resident (a) replacement container(s) within one week of request at no charge to the resident. The Contract Manager shall be the sole deciding factor in all cases; however, the contractor should just replace the container. 6. All containers shall include the comoanv name and a phone number to reach customer service. M. RESIDENTIAL BILLING: 1. Proposer shall be expected to perform billing services under the awarded contract for subscription service. Proposer shall describe their policies and procedures to be used for billing services. 2. Proposer shall include a complete description of proposed procedures to address efforts to be taken in the pursuit of non -payments of amounts billed. N. TRANSITION PLAN: 1. Proposer shall describe its proposed strategies to ensure a smooth transition from current contractor to the successful Proposer. . 2. The proposed transition plan is of critical importance to the City. In the transition plan, Proposer must describe the following: i. Proposed transition plan must meet or exceed the level of service for solid waste services currently provided. ii. Individual or group of individuals that will oversee the execution of the transition plan. Page 22 of 42 143 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 iii. Proposed approach, including equipment, personnel, and schedule, for delivering containers to residential and commercial customers. Also describe how the delivery of the containers will be conducted in coordination with removing existing carts and preventing their continued use. iv. Overall time schedule for the transition. O. VALUE ADDED ELEMENTS: City desires a partnership that will support sustainability, education and community building initiatives. Proposer shall provide a description of the initiatives they can offer the City with their proposal. Proposers will provide a written response to the following items: 1. Green/Environmentally friendly initiatives -both related to internal operations and external service provisions. 2. Public Outreach/Communication/Education — include a marketing plan with schedule for outreach, including strategies for community -wide reduction of single stream recycling contamination. 3. Examples of past community improvement and engagement events and proposals for the City of Sebastian. P. GENERAL: 1. Appointment of Key Contact/Project Manager. The Successful Proposer will appoint one of their employees as the key contact, subject to approval by the City's Project Manager. 2. It is the City's belief that the service required is adequately described herein. Therefore, any negotiated contract, which may result from this RFP, will include the entire effort required of the Proposer to provide the service described. END OF SECTION III Page 23 of 42 144 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION IV EVALUATION PROCEDURE: Written Proposals will be subject to a review and evaluation process. It is the intent of the City that all Proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible Proposals received in its evaluation and award process. For evaluation purposes, the term "Responsible" means: A business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required and be able to fully document the ability to provide good faith performance. Proposals shall include all of the information solicited in this RFP which are pertinent to the understanding and evaluating of the Proposal. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer will be ranked based on the criteria herein addressed. An adjective -based scoring system shall be applied to the non -price factors throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews (if requested). A score of 0 is the least favorable and a score of 5 is the most favorable in all sections. The Proposer's response will be scored by Committee members in accordance with the following scale: DESCRIPTION: 0 = No information provided for the specific criteria. Proposer failed to address the criteria. No documentation was provided. 1 = "Poor": Proposal is lacking or inadequate in most basic requirements for the specific criteria. 2 = "Below Average": Proposal meets many of the basic requirements for the specific criteria, but is lacking in some essential aspects. 3 = "Average": Proposal adequately meets the minimum requirements of the specific criteria, and is generally capable of meeting the City's needs. 4 = "Above Average": Proposal more than adequately meets the minimum requirements of the specific criteria and exceeds those requirements in some respect. 5 = "Excellent": Proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member's score will then be multiplied by the "weighted value" assigned to the different sections to be scored to equal the total score for that section. (EXAMPLE: The maximum score of 5 multiplied by a weighted value of 2 will equal 10-points for that section). Proposers submitting the required criteria will have their Proposals evaluated by an evaluation committee and scored for the non -price factors to include technical response, qualifications and experience. Weights for cost will not be assigned by the evaluation committee. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more Proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a Proposer's submittal. After written clarification or oral interviews are completed. the Committee members will have an opportunity to revise their individual scores for the non -price factors. Page 24 M 42 145 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSAL CRITERIA: Proposers shall include the followine information in their submittal document: • Sections should be tabbed and labeled; pages should be sequentially numbered at the bottom of the page. • Organize the submittals in the format outlined below. • Submittals should be concise and provide only the information requested. Additional data will not be considered. Title Paae: (Non -scored): Title Page shall show the RFP'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. Tab 1— Transmittal Letter: (Non -scored): The response shall contain a cover letter signed in blue ink by a person who is authorized to commit the Proposer to perform the work included in the proposal and should identify all materials and enclosures being forwarded in response to the RFP. Tab 2 — Completed Forms: (Non -scored): • Proposer's Information Form (page 2) • Check List of Submittal Requirements (page 3) Tab 3 — Table of Contents: (Non -scored): The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. Tab 4 — Summary of Oualifications: (score x weiehted (5 x 2 = max) value of 2 = maximum 10 points): • Provide evidence of a minimum of eight (8) years' experience providing solid waste collection services in Florida; • Provide evidence of having exclusive residential collection service including solid waste, yard waste, bulk waste, white goods, electronic waste and tires, to at least two (2) local government jurisdictions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years; Provide evidence of having exclusive commercial collection service to at least two (2) local governments within the past eight (8) years, one of which was located in Florida; Provide a brief discussion about Proposer's business history and current purpose/function in the marketplace; Indicate specifically the members of the firm who will have primary responsibility for the City's contract and provide a brief resume for each. Also indicate all key individuals, and their tasks and/or areas of expertise. Tab 5 — Proiect Approach / Methodologv: (score x weiehted (5 x 3 = max) value of 3 = maximum 15 points): • Provide a proposed route schedule and map for residential services; • Provide a detailed description of how your collection route schedule shall run; include maps; • Describe in concept your approach to multi -dwelling residential unit collection of solid waste; • Provide your procedure for tagging of hazardous waste; include your process to notify citizens; • Provide your procedure for notifying applicable government agencies of reportable quantities of hazardous waste found or observed by you anywhere within the City; including on, in, under or about City -owned property and City waste containers; • Describe in detail your process to transition billing from the current provider to your company: provide your process for non-payment procedures; • Provide a list of standard reports that will be available to the City; • Provide your response to the Value Added Elements; • Provide a thorough and complete list of all equipment that shall be used to service the City of Sebastian. This equipment list shall include the equipment name, specifications, year and mileage. Paae 25 of 42 146 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 Tab G — Transition Plan: (score x weighted (5 x 8 = max) value of 8 = maximum 40 noints): • Describe in detail vour transition nlan. At a minimum. include the following: o Your proposed strategy to ensure a smooth transition; o Your strategy to meet or exceed the current level of service; o Identify the group of individuals who will oversee the execution of the transition plan; provide a brief resume for each; o Identify equipment, nersonnel and schedule for delivering containers to all residents; o Describe how the delivery of containers will be conducted in coordination with removal or use of existing carts used by residents; o Provide a timeline for the transition; o Acknowledge that you will take ownership of all City -owned containers. Tab 7- Proposed Cost: (maximum 35 noints): All costs associated with delivering the reauested services shall be detailed in the format reauested on napes 29 through 30. ■ Subscription Category:— Proposal plus sum of all other groups (residential, multi -dwelling, duplex/fourplex, and commercial) ■ Universal Category: Proposal plus sum of all other groups (residential, multi -dwelling, duplex/fourplex, and commercial). If the City chooses Universal, the City would send out the first invoice, then future invoicing would possibly go on the tax bill. Points for cost will be considered separately for each of the two categories (subscription or universal proposal) so City staff can recommend the category and Proposer that best meet the needs of the City. Calculation of points for cost will be completed as described in the following EXAMPLE for each category. Lowest Cost Proposed with a weighted multiplier of 3 5 % of an available 100% total value (35-points): PROPOSAL LOWEST COST % OF LOW MULTIPLIER TOTAL POINTS COST PROPOSED ASSIGNED Company #1 $1009000.00 $100,000.00 100.0% 35 35:00 Company #2 $108,000.00 S 100,000.00 92.6% 35 32.41 Company#3 $120,000.00 $100,000.00 83.3% 35 29.17 Tab 8 — Additional Reauired Proposal Submittal Forms: (Non -scored): Identical Tie Proposal Sheet (if applicable); Proposer's Insurance Requirements Acknowledgement; Business Tax Receipt; Corporate Resolution (if applicable); E-Verify Acknowledgement; Proposer's Disclosure Form; Notifications Affidavit; and/or Proposer's DRAFT Franchise Agreement in a word document. Tab 9— References (Nan -scored): Provide a listing of three (3) comparable client references that are using the company's services. (NOTE: The Citv may. at its sole discretion. reouire a complete list of comuanies served from nronoser(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. SELECTION PROCESS: In general, the City wishes to avoid the expense to the City and to proposers of unnecessary oral interviews. Therefore, the City, at its sole discretion, will make every reasonable effort to achieve the ranking using written submittals alone. If no single top -ranked firm can be clearly identified by review of the written submittals alone, a short-list will be developed. The selection committee, at its sole discretion, may conduct formal oral presentations/interviews with the short-listed firms. Formal Oral Presentations/Interviews (1f Requested) (maximum 5 X 2 = maximum 10 points) Pauc- 26 of 42 147 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 The City may choose to conduct oral interviews with, or receive oral presentations from, one or more of the Proposers. If the City chooses to allow oral interviews and/or presentations, such interviews or oral presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). The City's Procurement Department will establish the schedule and Proposers will be notified within a reasonable time period feenerallv 5-calendar days) in advance of the date, time and place of the presentations. The specific format of each presentation will be provided to Proposers with the notifications. The City will allot equal time for each Proposer divided into three (3) sequential parts: formal presentations, questions and answers, and discussion. Oral interviews/presentations will provide an opportunity for the Proposers to demonstrate their ability to use time efficiently, effectively and economically. The times allotted are maximums and no firm will be penalized for using less than the allotted time. Final Rankine and Recommendation for Award: After Oral Presentations/Interviews, Committee members will have the opportunity to score oral presentations/interviews for all selected Proposers and determine a final ranking of proposers considered to be most capable of performing the required project in the best interest of the City. The Committee's final ranking will be provided to the Procurement/Contracts Manager. Additional clarification may be requested during this process. Recommendation and Approval of Ranking: The Procurement/Contracts Manager will send the Evaluation Team's recommendation and results to the City Manager primarily responsible for review and consent. The Procurement/Contracts Manager will then provide the final recommendation to the City Manager to review and present the results to the City Council. The City Council shall make the final decision based on its sole discretion and that decision will be final. END OF SECTION IV Page 27 of 42 148 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION V Proposal Form And Required Documentation RFP NO.22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES The undersigned declares that, after examining the Proposal Documents for the above referenced project, she/he does hereby submit a response to the Proposal and warrants that: a. She/He is an officer of the organization. b. She/He is authorized to offer a proposal in full compliance with all requirements and conditions, as set forth in the RFP. c. She/He has fully read and understands the RFP and has full knowledge of the scope, nature, quantity and quality of the work to be performed, and the requirements and conditions under which the work is to be performed. d. If the Proposal is accepted, a Purchase Order and/or Contract will be issued as proposed subject to any revisions mutually agreed -upon by the City and the Proposer. Authorized Signature Printed Name & Title Company Telephone Number Date E-mail Address Pane 28 of 42 149 of 302 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Residential Service RFP NO. 22-07, EXCLUSIVE CURBSIDE SOLED WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual service numbers. RESIDENTIAL SERVICE —CATEGORY I Description of Services # of Households Monthly Fee Total Monthly Fee 'A' times `B' &A% 6131 SUBSCRIPTION PROPOSAL IO 000 ■ Solid Waste Collection 2x/week I ■ Yard Waste 4 CY max. I x/week Automated • On -Call Bulk Waste, White Goods, Collection for • Household garbage not vegetation or r bulk items 42.007 420,000.00 $ $ RESIDENTIAL SERVICE — CATEGORY 2 Description of Services # of Households Monthly Fee Total Monthly Fee 'A' B' 'A' times'B' i SUBSCRIPTION PROPOSAL 10,000 1 ■ Solid Waste Collection I x/week • Yard Waste 4 CY max. i x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage ; not vegetation or bulk items 1 27.751 277,500.00 $ $ RESIDENTIAL SERVICE — CATEGORY 3 Description of Services # of Households Monthly Fee Total Monthly Fee `A' tlmes'B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week • Yard Waste 4 CY Max. Ix/week Automated • On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items 29.74 $ 297,400.00 Note- These prices do not include Franchise Fees TESTED. PROVEN. B7 %jV$A. TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Residential Continued I Multi -Dwelling Service RESIDENTIAL SERVICE, - CATEGORY 4 Description of Services # of Households Monthly Fee I Total Monthly Fee `A' dmes'B' &As Be U-N VERSAL PROPOSAL - -- 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste 4 CY Max Ix/week Automated • On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or 19.45 194 500.00 bulk items $ $ i MULTI -DWELLING SERVICE (six (6) or more units) - CATEGORY I Description of Services # of Households I Monthly Fee ,AI ,B, SUBSCRIPTION PROPOSAL- ■ Solid Waste Collection 2x'week ■ Yard Waste Ix/week = On -Call Bulk Waste, White Goods. � 1 i 42.00 MULTI -DWELLING SERVICE (six (6) or more units) - CATEGORY 2 Description of Services # of Households _ `A, SUBSCRIPTION PROPOSAL 10,000 = Solid Waste Collection Ix/week • Yard Waste 1 x/week On -Call Bulk Waste, White Goods, MULTI -DWELLING (six (6) or more units) - CATEGORY 3 Description of Services iUNIVERSAL PROPOSAL • Solid Waste Collection 2x/week ■ Yard Waste Ixiweek • On -Call Bulk Waste, White Goods, Monthly Fee `B' 27.75 # of Households Monthly Fee &A, 10,000 29,74 S Note- These prices do not include Franchise Fees Total Monthly Fee. ... , 'A' times `13' 420,000.04� Total Moathly Fee I 'A' times'B' 4 277,500.00� Total Monthly Fee `A' times'B' E 297,400.00 TESTED. PROVEN. 88 15 TRUSTED. City of Sebastian Request For Proposai # 22-07 - Exclusive Curbside Solid Waste Collection Services Multi -Dwelling Continued I Commercial Roll off I Cart & Rollout Service MULTI -DWELLING (six (6) or more units) - CATEGORY 4 Description of Services # of Households Monthly Fpe Total Monthly Fee `A' times'R' .A� 6131 UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection Ix/week • Yard Waste Ix/week 19q5 194 500.00 • On -Call Bulk Waste, White Goods, $ $ ' Commercial Roll off Containers (includes container service charge) Per Pull SIZE Per Pull Container Rate Service Charge I � I5 YD 405.00 I 142.89 20 YD 405.00 142.89 30 YD 405.00 142.89 40 YD 405.00 142.891 Cart & Rollout Service (includes container service charge) Frequency SIZE P 1 2 r 3 4 5 6 Extra I _ Pickup 96 Galion Cart 35.00 70.00 I ! 105.00 ' 140.00 175.00 NIA 75.00 Rollout 1 5-00 15.00 15.00 15.00 15.001 NIA 15.00 Service j 64 _ Cart r 1 35.001 70.001 105.00 140.000 175.001 NIA 75.00 Note- These prices do not include Franchise Fees TESTED. %WV% - PROVEN. 89 TRUSTED. City of Sebastian Request For Proposal 4 22-07 - Exclusive Curbside Solid Waste Collection Services Commercial Compactor I Front End Loader Dumpster Commercial Compactor Per Pull Rate (six (6) in the City) S17.E Per Pull Container Rate Service Charge 2I'D 173.00 75.00 17 tD 504.00 175.00 ' 504.00 175.00 30 f`D 504.001. 175.00 40 }a 504.00. 175.00 Front End Loader Dumpster ('includes container service charge) Frequency 3 4 5 6 Extra Pickup. I 2 i7) 92.841 171.68i 250.5A 329.37 408-21 487.05 75.00 - 3 }Ti-- 139.26 257.531 376.79 494.05 612.32 703.58 80.00 A YD i 185.68 34137 501.061 658.74 816.42 974.11 ' 85.00 >Ev 1 278.53! 516.06 751.54 988.11 1224.64 1461.16' 90.00 8 TD � --. ---- - 371.37 686.74 1002.11.1317.48 1632.85 1948.22 95.00 Note- These prices do not include Franchise Fees Residential (mart Delivery and Removal Charge$ 85.00 TESTED. PROVEN. 90 15 ' TRUSTED. Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSAL FORM RFP NO. 22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual sen�ice numbers. RESIDENTIAL SERVICE — CATEGORY 1 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' 6Ae 4W SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste 4 CY max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 2 Description of Services # of Households `A' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste 4 CY max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 3 Description of Services UNIVERSAL PROPOSAL ■ Solid Waste Collection 2x/week ■ Yard Waste 4 CY Max. Ix/week ■ On -Call Bulk Waste, White Goods, # of Households `A' 10,000 Automated Collection for Household garbage not vegetation or bulk items Pnge 29 of 42 Monthly Fee `B' Monthly Fee `B' Total Monthly Fee `A' times `B' Total Monthly Fee `A' times `B' 154 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 RESIDENTIAL SERVICE — CATEGORY 4 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste 4 CY Max 1 x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items $ $ MULTI -DWELLING SERVICE (six (6) or more units) — CATEGORY 1 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, MULTI -DWELLING SERVICE (six (6) or more units) — CATEGORY 2 Description of Services # of Households Monthly Fee Total Monthly Fee `A' `W `A' times `B' SUBSCRIPTION PROPOSAL 10,000 • Solid Waste Collection Ix/week ■ Yard Waste Ix/week • On -Call Bulk Waste, White Goods, $ $ MULTI -DWELLING (six (6) or more units) — CATEGORY 3 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, MULTI -DWELLING (six (6) or more units) — CATEGORY 4 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' °A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 1x/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, $ $ Faas 30 of 42 155 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 Commercial Roll off Containers (includes container service charge) Per Pull SIZE Per Pull 15 YD 20 YD 30 YD 40 YD Cart & Rollout Service (includes container service charge) Frequency SIZE 1 2 3 4 S 6 Extra Pickup 96 Gallon Cart Rollout Service 64 Gallon Cart SIZE FAMUC 17 YD Commercial Compactor (includes container service charge) Per Pull (six (6) in the City Per Pull Page 31 of 42 156 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 20 YD 30 YD 40 YD Front End Loader Dumpster (includes container service charge) Frequency SIZE 1 2 3 4 S 6 Extra Pickup 2 YD 3 YD 4 YD 6 YD 8 TD Authorized Signature Printed Name & Title Date Company Telephone Number E-mail Address CITY OF SEBASTIAN PROPOSER'S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT Page 32 of 42 157 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 RFP # 22-07, CURBSIDE SOLID WASTE SERVICES STANDARD INSURANCE REQUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to renewal, non -renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Proposer shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an "occurrence" form. B. Business Automobile: Successful Proposer shall provide minimum limits of liability of $5,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: • Owned Automobiles • Hired Automobiles • Non -Owned Automobiles C. Umbrella/ Excess Liability: Successful Proposer shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** D. Workers' Compensation: The Successful Proposer shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the _Initial -here Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability insurance with limits of no less than: • Each Accident $ 100,000.00 • Disease — Policy Limit $ 500,000.00 • Disease — Each Employee $ 100,000.00 Successful Proposer shall further ensure that all of its sub -contractors maintain appropriate levels of workers' compensation insurance. Prq�. 33 of 42 158 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause — Successful Proposer to declare self -insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. Authorized Signature Company Printed Name & Title Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK PaaF 34 (J 42 159 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 REFERENCES Provide a minimum of three local government references, for which the Proposer is currently providing this type of service (or have provided within the last 8 years). One reference must be residential in a Florida City with at least 30,000 residents. One reference must be commercial reference in the State of Florida. 1. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract 2. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract 3. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract E-Mail Address Start Date End date E-Mail Address Start Date End date E-Mail Address Start Date End date Page 35 of 42 160 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 IDENTICAL TIE PROPOSALS In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals that are equal with respect to price, quality and service are received by the State or any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies it has completed a drug -free workplace program shall be given preference in the award process. Established procedure for processing tie Proposals 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 prohibitions. 2) Inform employees about the dangers of drug abuse in the workplace the business policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Florida Statutes or of any controlled substance law(s) of the United States or any state five (5) days after such conviction or plea. 5) Impose sanctions on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, any employee who is so convicted. 6) Make a good -faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature Company Date Pncie 36 of 42 161 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 ADDENDA ACKNOWLEDGEMENT Proposer's Name: Phone #: RFP Title: EXCLUSIVE CURBSIDE SOLID WASTE RFP #: 22-07 COLLECTION SERVICES Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Proposal to be considered non -responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388- 8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 8 9 10 1-1 No Addenda was received in connection with this solicitation. Signature: Title: Print Name: Date: Failure to fullv complete. sign and submit this Disclosure may result in resection of the Droposal Paae 37 of 42 162 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: () An Individual ( ) A Partnership ( ) A Corporation Proposer's License No., ifannlicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other re ulatory agency or professional association within the last eight (8) years? YES ❑ NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last eight (8) years? YES NO If so how many? c. Has your firm had against it, or filed any request for, equitable adjustment, contract claims, proposal protest, or litigation, related to contracts for waste collection services, in the past eight (8) years that is related to the services your firm provides in the regular course of business? YES R NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. (5) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (6) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. Pane 38 of 42 163 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification offacts shall be cause forforfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Title Date Failure to fully complete, sien and submit this Disclosure may result in reiection of the proposal END OF PROPOSER'S DISCLOSURE FORM Page 39 of 42 164 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: htpa/www/dhLgov/E-Verifv. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub - Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: ■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the VendorlContractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Slat., "Employment Eligibility, " as amended from time to time. This includes, but is not limited to, utilization of the E-Vertfy System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: **********kk�4Yrst•*fir k*9e 9e�Yk h***********************•k AAi:•k**�:*****************************�F �:*:L •!: •k 9:** State of County of This instrument was acknowledged before me on (Date) [Notary Seal] Notary Public Signature Failure to fully complete, sien and submit this Affidavit may result in reiection of the oronosal Faae 40 of 42 165 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 I, (Print Authorized Name) NOTIFICATIONS AFFIDAVIT (Title) 0 of (Company Name) Affirm that I read and understand, as well as accept all requirements and regulations listed on pages 10 — 12 in the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension • Scrutinized Vendor Signature: Date: State of County of The foregoing Affidavit was acknowledged before me on (DATE). [Notary Seal] Notary Public Signature Failure to fullv comulete. sign and submit this Affidavit may result in reiection of the proposal Paoe 41 of 42 166 of 302 Exclusive Curbside Solid Waste Services RFP # 22-07 SUB -CONTRACTORS LISTING FORM Bidder's Name: Phone M EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION ITB Title: SERVICES RFP #: 22-07 NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not. If subcontractors 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 bid if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. Company Work To Be Contact Telephone Name Performed Person Number 1. 2. 3. 4. 5. 6. I affirm that Subcontractors will not be used to complete the project under this agreement. Print Preparer's Name: Title: Signature: Date: Failure to fullv complete. sien and submit this form may result in reiection of the Bid. END OF SECTION V Fang 42 r,f 42 167 of 302 ^1G�rNT 71 PROPOSED COST Exceptional Service - Excellent Value Proposal Form EYkaie CwtOde Sold Maly SBMean RFP 622-07 SFC`TION V Proposal Form And Rrqulecd Docurnenlaeloa RFP NO. 22-07, EXCLUSF%'E CURESIDE SOLID WASTE SERVICES The undersigned dmlares that. after caamirting the Proposal Daeumens f the ahnve ref—cd project, slwjhc does hereby submit a roponae to the Proposal and wmrarits that. a. SherHe is an ef1h er .[the o pw t.on b- SheNe is autharized to offer a prgmsal m full wmpliamc —th all requiramcnls and cmdot om, as set fanh In the RFP. c She1He hss fully read and understands the REP and has full lnowledge of the scope, rust—, quamny and quality of the work to be perfoirned, and the ieq—tt,encc and mridaions under which the work is to he performed. d If the Proposal is acccplcd, a Purchase Order suNoi Contract will be issued as proposed subject to any aevisions mutually agreed -upon by the City and the Proposer L.'Ja " pl� Write MannA mms Inc. of Florida Authori-d Sigoaturc Company David M. M, han. Presidml 19741 9E4-2075 I'mud Name & Till, Telephone Numbee T:a. rmhn i 5. 2022 dm, han''a -na.com Date E-rnatl Address P.O, 2a of 42 mia Prmied on 100% post -consumer recycled paper. 85 S�T�lI Please recycle after use. HOME OF PELICAN ISLAND City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services I his page intentionally ML > IKA TESTED.Im PROVEN. 85 16TUOA2 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Residential Service RFP NO. 22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual service numbers. RESIDENTIAL SERVICE — CATEGORY 1 Description of Services I # of Households Monthly Fee Total Monthly Fee f 'A' times'B' II 4A. B, SUBSCRIPTION PROPOSAL --- —10,000 ■ Solid Waste Collection 2x/week I • Yard Waste 4 CY max. I x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for ■ Household garbage I not vegetation or bulk items $ - 42.00, $ 420,000.00� RESIDENTIAL SERVICE -- CATEGORY 2 Description of Services --� # of Households Monthly Fee --- Total Monthly Fee SUBSCRIPTION PROPOSAL `A' i `B' 10,000 `A' limes `B' I ■ Solid Waste Collection Ix/week i i ■ Yard Waste 4 CY max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, i Collection for , Household garbage not vegetation or bulk items i 27.75 $ 277,500.00 RESIDENTIAL SERVICE - CATEGORY 3 Description of Services I I # of Households Monthly Fee Total Monthly Fee -j J 'A' times'S' j IAA gI UNIVERSAL PROPOSAL - — -- --- 10,000-- ■ Solid Waste Collection 2x/week ■ Yard Waste 4 CY Max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for - Household garbage not vegetation or bulk items I • 5; Note- These prices do not include Franchise Fees 29.14� $ 297,400.00 TESTED. 87 PROVED. W02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Residential Continued I Multi -Dwelling Service RESIDENTIAL SERVICE - CATEGORY 4 Description ption of Services # of Households I Monthly Fee Total Monthly Fee `A' times `B' &A, B+ UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection ix/week - Yard Waste 4 CY Max Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage nothing itattiion or S 19.45 k $ 194,500.00 MULTI -DWELLING SERVICE (six (6) or more units) - CATEGORY 1 Description of Services I # of Households Monthly Fee ,A, 6B, SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection 2x/week • Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, _... 42.001$ MULTI -DWELLING SERVICE (six (6) or more units) - CATEGORY 2 Total Monthly Fee `A' times `B' 420,000.00 ^Description of Services # of Households Monthly Fee Total Monthly Fee 4A+ 'B' `A'times 'B' SUBSCRIPTION PROPOSAL 10,000 Solid Waste Collection Ix/week Yard Waste lxlweek 27.75 277 500.001 - On -Call Bulk Waste, White Goods, S .._-- MULTI-DWELLING (six (6) or more units) - CATEGORY 3 Description of Services # of Households Monthly Fee I cA� 1 4B+ UNIVERSAL PROPOSAL - 10,000 • Solid Waste Collection 2x/week E Yard Waste 1 x/week ■ On -Cali Bulk Waste, White Goods, Note- These prices do not include Franchise Fees 29.741S Total Monthly Fee `A' times •B' 297,400.00 TESTED.IM. PROVEN. 88 PRO17 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Multi -Dwelling Continued I Commercial Roll off I Cart & Rollout Service MULTI -DWELLING (six (6) or more units) — CATEGORY 4 Description of Services # of Households Monthly Fee Total Monthly Fee 'A' times B' UNIVERSAL PROPOSAL T �T -- 10,0W ■ Solid Waste Collection L x/week • Yard Waste Ix/week 19.45 194 5D0.00 • On -Call Bulk Waste, White Goods, $ $ Commercial Roll off Containers (includes container service charge) Per Pull SIZE per Pull Container Rate Service Charge I i Is YD405.00 142.89 11 20 YD 405.00 142.89 • 30Yv 405.OD µ 142.89 1 40 YD 405.00 142.891 Cart & Rollout Service (includes container service charge) _ _ _ _ _ _ _ —I Freuency i —6 —1 --Extra SIZE 1 Z 3--T� 4 5- ^ Pickup 96 Gallon Cart 35 00 70.00 ! 105.00 140.00 175.00 NIA 75.00 Rout Service 15.00 15.00' 15.00 15.00 15.00' NIA . 15.00' 64 Gallon Cart 35.00 j 70.001 105.00 140.00 175.00 NIA ` 75.00 Note- These prices do not include Franchise Fees TESTED. PROVEN. 89 1 �. TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Commercial Compactor E Front End Loader Dumpster Commercial Compactor Per Pull Rate (six (6) in the City) SIZE Per Pull Container Rate Service ---- - - - Charge- 2 }D 173.00 75.00 17 tD 504.00 175.00 20 ID 504.00 i 175.00 30 ID t-- --- 504.001 175.00 ¢o ID 504.001 175.00 Front End Loader Dumpster (includes container service charge) Frequency SIZE_ i i 3 4 5 6 Eitra i ? YD 92.84 171.68{ 250.5 1 329.37 408.21 487.05 -76.00 3 YD - 139.26 257.53� 375.79 494.05 612.32 703.58 80.00 - 4 tD 185.68! 343.37 601.0 658.74 ,�816.42 1974.11 1 85.00 i - 6 tD 278.531 615.05 751.5 ' 988.11 1224.64 1461.16 j-+90.00 8 Td 371.37 686.74 1002.111317.48 1632.85 1948.22�- 95.00 Note- These prices do not include Franchise Fees Residential Cart Deliver} and Hemoval Charge$ 85.00 -_ TESTED. PROVEN. 90 1 MMA. TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside So{id Waste Collection Services Lost CartlCustomer Abuse Charges 85.00 Authorized Signature ` David M. Myhan, President Printed Name & 'Title Date Waste Management Inc. of Florida Company J9544) 984-z035 . 1 elephoue Number dmyhan@wm.com E-mail Address TESTED. 91 PROVEN. W02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This page inlet, Jo nn'y left blink TESTED. PROVEN. 92 1 TRUSTED. 6 1 TRANSITION PLAN A Seamless implementation with a Trusted Partner Our Commitment to Sebastian -- A Risk -Free Implementation Throughout our over 20-year partnership with Sebastian, WM has shown our dedication to continuous improvement - better processes, more efficient procedures, and investments in technologies that enhance our collection capabilities and customer service. Transitioning service providers would require rebuilding a successful program from the ground up. With all service requirements already in place, our team is able to concentrate on delivering dependable collection and enhancing our customers' experience. The benefits to Sebastian for continuing to work with WM are comprehensive. We offer: W Established and reliable collection services. We already have the vehicles, collection equipment, operations site, fueling station, processing facilities, account data, and systems in - place to offer a risk- and disruption -free implementation. W Invaluable experience. Our experienced drivers know every road and customer in your community and our knowledgeable customer service staff is already well -versed in Sebastian contract terms and service offerings, and what residents want and need to know. W Existing relationships. Over the years, WM staff members have worked hard to become a trusted community partner. We have built meaningful relationships with City leadership and staff, our customers, and local groups and organizations, and will continue to support the vitality of the Sebastian community. W A commitment to continuous improvement. We seek to continuously improve our service and offer the latest technologies and innovations in sustainability and integrated operational technology. Our onboard technology allows us to manage routes and customer pick-ups in near real time and seamlessly connect operations with customer service and dispatch — all leading to greater service accuracy for our customers. W No matter if the City continues with the current service level, or chooses to implement any collection changes, Sebastian can be assured that we will manage the contract implementation with meticulous care. We have outlined our approach to the most critical components of the new contract implementation, offering a seamless transition with minimal service day changes or disruption to residents. 'A Please on 100% post -consumer recycled paper. Please recycle after use. 73 anp S�`ST�MI r 2 HOME OF PELICAN ISLAND City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Transition Excellence Strategy Your proposed strategy to ensure a smooth transition; If WM earns the City's next franchise agreement, Sebastian will be assured the smoothest transition possible. We have the equipment, routes, trained professionals and, most importantly, the boots on the ground experience to provide uninterrupted service on day -one. We are ready to roll! Drivers Trucks oMo1i Containers Routes & Customer Data WM currently serves Sebastian with a team of 10 drivers, who have all successfully completed rigorous safety and customer service training requirements, the most comprehensive in the industry. WM's fleet of collection vehicles are already in place. All our vehicles are subject to daily preventive maintenance and safety inspections. Our fleet is maintained to the highest safety standards and is fully compliant with local and federal safety standards. Existing equipment inventory includes adequate quantities of all required cart and container sizes allowing for deliveries and swaps to be successfully conducted each day, with a skilled and efficient container delivery team already in place. WM collection routes are already in place, created with eRouteLogistics® software and take into account local traffic patterns, truck capacity and disposal locations. • Safer, more experienced drivers in your community • Existing customer knowledge and personalized customer service • No driver learning curve resulting in fewer missed pick-ups • Trucks are not subject to manufacturing delays and are guaranteed ready -to -roll on Day 1 of the new contract • Clean -burning, environmentally friendly, CNG-fueled vehicles already servicing the City • Zero hassle and customer confusion associated with swapping out carts and containers, as a skilled cart delivery team is already in place • No chance of commercial customers experiencing service delays due to carts or containers not being delivered on -time • Clean, well -maintained carts and containers • No missed pick-ups associated with customer confusion caused by collection day changes • Local knowledge of routes eases transition for any new services selected • Less wear and tear on City streets TESTED. PROVED. 74 TRUSTED. 17 0 2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Onboard Each of the 10 collection trucks that Computing service Sebastian is already equipped System (OCS) with onboard tablets that display drivers' exact routes, all scheduled collections, and relevant account notes such as container placement. The tablets include GPS technology that allows managers to capture route data in real-time. Service Excellence Strategy Your strategy to meet or exceed the current level of service; • Customers can obtain a collection estimated time of arrival • Collection statuses minimize the opportunity for missed collections • Provides customer service agents with near -real time field data to assist with customer service calls/!nteractions Critical Collection Equipment and Resources in Place Today At the core of successful implementation is a combination of experience, careful planning, thoughtful staffing, and clear communication at every level. All of WM's collection equipment and resources are already in place, eliminating any opportunity for customer disruption associated with a new contract implementation. Should Sebastian elect any new services, WM will be ready to implement any service level changes immediately. District Manager Kasey Godwin, with 17 years of industry experience, will lead the transition team and will provide a detailed timeline for phases of transition if any new services are elected. With resources already in place, any service transition with WM will be smooth. As the City's current provider, only WM can provide absolutely seamless transition with a new franchise agreement, as residents and businesses will enjoy the same service schedule as currently in place. However, WM is the hands -down leader in transitions, providing more service transitions through the decades than any other service provider. For your reference, we have provided this summary approach to how WM executes a transition of service. Execution of Sebastian's Operational I Transition Plan Building from the more than 50 years of experience we have with service transitions; we customize our operational tasks and timeline to your specific needs. Whether we are providing all new carts and adding new services or if we are keeping most items status quo, we still review each operation and service requirement to validate we are 100% ready to roll by day one of the new contract. Major implementation tasks for Sebastian include: • Implementation meetings, coordination, and course correction • New collection vehicles • Cart deliveries, as needed TESTED. PROVEN. 75 W02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services + Driver screening, hiring, and training for Sebastian, as needed Review of existing routes and re -balancing if needed Contingency planning These tasks are described in more detail below. A sample timeline of implementation tasks is also included. implementation Meetings, Coordination and Course Correction WM's internal Sebastian team will meet weekly throughout planning and implementation. At the onset, these meetings will include our regional team of experts As the contract start date approaches, the local district operations team will meet daily to review the most critical components of service delivery. Our team is committed to keeping Sebastian informed of our implementation progress, and we will ask for your feedback as we customize our transition efforts to reflect the needs of your community. For example, if a proposed communication or outreach method is not working or does not make sense, we are not afraid to F T .r VVNI daily Safety Meeting scratch the idea and discuss an alternative. From the onset of our transition, we propose meeting with the City staff regularly to review key implementation milestones, our progress, and any proposed changes. We can start with monthly meetings initially, and increase the frequency, if needed. New Collection Vehicles WM will provide all new trucks with any service option selected. Depending on the option selected, WM will service the City with a maximum of seven (7) Automated Side Load (ASL) vehicles, two (2) Rear End Load (REL) vehicles, and one (1) Front End Load (FEL) vehicle. TYPE OF VEHICLE: AUTOMATED SIDE LOAD (ASL) W W MATERIALS COLLECTED: Trash and Recyclables TYPE OF FUEL: Cleaner, {quieter Compressed Natural Gas CHASSISIBODY MAKE AND MODEL: Autocar WXIAmrep CREW SIZE: 1 driver SERVICE PROCEDURES: Services containers with mechanical arms that lift and tip contents into the body of the truck. Operated by the driver — on right hand side of cab - with controls inside the cab. TESTED. PROVEN. 76 TRUSTED. 17 0 2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services TYPE OF VEHICLE: FRONT END LOAD (FEL) VI�'tir� MATERIALS COLLECTED: Trash and Recyclables TYPE OF FUEL: Cleaner, Quieter Compressed Natural Gas CHASSISIBODY MAKE AND MODEL: Autocar ACX641 McNeil us 3285 CREW SIZE: 1 driver SERVICE PROCEDURES: Services dumpsters with two forks on the front of the truck that lift and tip contents into the body of the truck. Operated by the driver with controls inside the cab. Even as the largest fleet purchaser in our industry, WM wants to be transparent with Sebastian regarding new vehicle availability and delivery. As you may be aware, global supply chain constraints and disruptions are currently affecting all industries, including waste collection. From demand of materials including steel and semi -conductors outpacing supply, to labor shortages across the supply system, to lengthier shipping times, unforeseen and extraordinary market conditions that no one could anticipate are creating challenges and delays. In response, WM has relied on our existing local fleet to service contracts in the short term. Our local fleet is maintained to the highest safety standards and is fully compliant with local and federal safety standards. The implementation of new trucks may be delayed due to the uncontrollable supply chain challenges and any performance penalties due to implementation of a new fleet will not be accepted by WM. In addition to using trucks from WM's existing fleet, WM also maintains the largest collection fleet in the industry (18,927 collection vehicles) and can transfer vehicles from other areas if available. We will order Sebastian's new trucks immediately and are confident our supplier can meet our delivery schedule, targeting our maintenance shop to receive all trucks so they can be inspected and tested to WM standards. With new challenges facing us every day, WM remains as committed as ever to providing industry -best service to our customers and the communities we call home. Cart and Container Deliveries With direction from the City with regard to the model and design, we will stock an adequate inventory of replacement carts and containers by the start of a new contract. Driver Screening, Hiring, and Training Through our existing recruiting and hiring efforts, we screen driver applicants weekly, and we maintain a list of candidates to hire when positions become available. Qualified driver applicants must undergo a comprehensive background check — the most aggressive in the industry — as well as fingerprinting and drug testing before joining our team. TESTER. 77 PROVEN. 0 302 TRUSTED. fn City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services At WM, new drivers participate in more than 90 hours of classroom and in -field new hire training — regardless of prior, relevant experience. Prior to a new contract, all Sebastian drivers receive contract -specific training that includes a review of our implementation education efforts, materials, and resources, as well as information regarding Sebastian's unique service requirements, collection offerings, and contractual requirements. Route Development If needed, WM will adjust Sebastian's routes to Onboard Tablets Eliminate Learning Curve Each of the City collection trucks will be equipped with onboard tablets that display the driver's exact route, all scheduled collections, and relevant account notes such as container placement. The tablets include GPS technology that allows drivers to capture route data in real-time. Collection statuses minimize the opportunity for missed collections. accommodate new services and/or changes to collection frequencies while considering current routing to minimize changes. All WM routes have been developed using our proprietary routing software, eRouteLogistics®, to minimize customer impact and maximize safety and efficiency. Contingency Planning Our longstanding supplier relationships, smart technologies, and our regional network of equipment and personnel make it possible to carry on with collections should a delay or unexpected event occur during a new contract implementation. Key contingency plans address: • Staffing. Additional route management staff will be brought in from surrounding districts to provide in -field support during our implementation period. Any new drivers hired to serve Sebastian will have completed their six -week training at least two weeks prior to our start date. Our staffing plan includes personnel to fill in for employees who are sick, on vacation, in training, or to provide extra help due to spikes in collection volume. • Collection Vehicles. Immediately upon contract award, WM will order new collection vehicles specifically for Sebastian. Collection vehicles will be delivered to our maintenance shop prior to our contract implementation so that they can be inspected and prepared for service. Each of our districts across the nation maintains a spare ratio of approximately 10%, allowing us to draw from our existing fleet of backup collection vehicles if needed. • Carts. We build in a 30-day buffer between when equipment begins to arrive and when we anticipate customer requests. Our selected suppliers have multiple manufacturing locations, and our order can be reassigned to a backup facility should the primary production facility experience a delay. • Customer Service. Our CSRs will be available to assist City staff in answering any questions regarding any transition to new services. TESTED. 7$ W PROVEN. TRUSTED. 181 of 302 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Sebastian Transition Team Identify the group of individuals who will oversee the execution of the transition plan; provide a brief resume for each; Resumes for our local team can be found on pages 17-19. Shown here for quick review are your City of Sebastian WM professionals who would continue to bring their knowledge and experience to collaborate with the City every day. Debbie Perez Government Affairs Manager 2 years in Sebastian Kasey Godwin District Manager 7 years in Sebastian Container Delivery Plan Bob DelaCruz District Operations Manager 23 years in Indian River County/Sebastian Identify equipment, personnel and schedule for delivering containers to all residents; Trudy McKean Route Manager 4 years in Sebastian WM holds partnerships with several national cart manufacturers who provide technical and logistical expertise in cart assembly and delivery. WM of Indian River County will engage a partnership with one of these vendors for any needed cart delivery/removal. We will provide the City with full details of this vendor once finalized, including the distribution timeline as developed with City Staff. Gabe Macedo-l-una Route Manager 2 years in Sebastian Describe how the delivery of containers will be conducted in coordination with removal or use of existing carts used by residents; Should the City select universal service, each Sebastian residential customer will receive a new 64-gallon cart for MSW, meeting the specifications described in the RFR. We expect delivery of these carts two weeks prior to their first scheduled collection day under the new contract. In May and June 2023, we will educate customers on the available cart sizes, and key cart delivery dates. Information will be communicated at community meetings and through direct mail, local media, and social media outlets, as needed. At this time, customers will be notified of their options for the handling of existing carts. Operationally, we will take the following steps to deliver the proper cart(s) to each customer: Select a conveniently located cart delivery staging area(s) to maximize our ability to deliver all the carts. We will produce and distribute an easy -to -read map for residents to confirm their scheduled collection day. TESTED. 79 PROVEN. 1 0 02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services • Any discrepancies in planned versus actual delivery will be noted by the delivery crew and resolved daily by route management. Should the City remain with subscription service, we will notify our customers using direct mail, of the new cart delivery and their options for the handling of their existing carts. Provide a timefine for the transition; Sample Transition Timeline of Implementation Tasks The following sample timeline illustrates the meticulous planning that WM utilizes for any transition. We will collaboratively customize and complete this schedule with City staff once dates and services are selected and finalized. We are pleased to provide this draft transition timeline for your review. Following the chart are sample, fully customizable communications that WM will utilize to inform Sebastian's residents and businesses of any new service offerings. Notice of award 01/11/2023 Contract negotiations 01/12/2023 02/2812023 Council contract execution 03/01/2023 Carts and Containers • Development and City -approval of all cart/container graphicstmessaging 0310612023 03/1712023 • Procurement of cart inventory 03/2012023 • Finalize removal, assembly, delivery, vendor staging facility, and schedule 05/0112023 • Conduct cart and container transition 06/1912023 06/30/2023 Trucks and Fueling • Place order for new collection vehicles 02/28/2023 • Develop and seek approval of contract -specific truck signage 02/28/2023 • Delivery of new collection vehicles 02/28/2025 • Conduct pre -implementation vehicle and onboard computer testing 03/01/2025 Routing • Develop routes using existing routes where possible 12/07/2023 12/1512022 • New route field-testing (prior to go -live) 0510112023 06/01/2023 • Creation of final route maps 05/01/2023 06/01/2023 Staffing • Conduct driver recruitment, interviews, and screening 03/01/2023 05/0112023 • Conduct classroom -based driver training and onboarding 05/01/2023 05/31/2023 TESTED. $0 PROVEN. 183 of 302 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Soiid Waste Coilection Services • Conduct field -based driver training 06/01/2023 06/30/2023 Data i 1OngoingData Transfer Requirements Coordinate and conduct data transfers with outgoing service provider N/A Audit and verify data accuracy, upload to MAS, and assign WM account numbers, and if applicable link each account to its respective City -account number 06/0112023 06/30/2023 Request and establish codes for all services 06/01/2023 06/30/2023 Establish ongoing data transfer, reporting, and City -invoice protocols with Sebastian ContractCompliance 06/01/2023 06/3012023 Develop comprehensive contract compliance checklist for implementation 05/01/2023 06/30/2023 Establish reporting process and template in accordance with contract specifications 05/01/2023 06/30/2023 Renew local business license, insurance, and performance bond 06/01/2023 0613012023 Review all updates to wm.com and City website for accuracy and compliance with 06101/2023 06/3012023 contract terms and maximize cross -promotion Customer Experience 71 Update Green Pages to reflect changes to contract requirements and new services 06/01/2023 06/16/2023 Review and approve Green Pages with all key departments 06/16/2023 06/2312023 Upload all transition public education materials to Green Pages for CSRs' reference 0611612023 06/23/2023 Develop detailed new contract curriculum 06/16/2023 06/30/2023 Management conducts pre -implementation training 06/16/2023 06/30/2023 Management conducts small group CSR training with emphasis on new contract terms and new services 06/16/2023 06/3012023 New Green Pages content goes -live 06/30/2023 06/3012023 f F { . Communication Efforts Communication with the City • Present implementation programs, services, and timeline to City Council at a scheduled time 04/12/2023 • Schedule month or bi-weekly meetings with key implementation staff and City contacts 04112/2023 06/3012023 • Designate a dedicated implementation contact for the City's Public Information Officer 03101/2023 • Finalize strategic communications plan with emphasis on promotion of new services and attain feed backlapproval 04/28/2023 • Communication with Residents 06/1212023 06/30/2023 • Design and distribute Welcome Postcard 06/1212023 • Conduct media outreach with the Sebastian Public Information Officer 06112/2023 TESTED. PROVEN. 81 W 02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services • Continually update wm.com with key service info 06/1212023 • Conduct commerciallmulti-family site visits 06/12/2023 • Design and distribute customer Welcome Packet 06/1212023 • Design and distribute collection cart delivery promotional materials 06/12/2023 • Design and order supply of enforcement tags/ "oops" tags 06/12/2023 • Design and order supply of cart labels 06112/2023 • Pitch press releases with new contract start date, new programs, and other 06112/2023 important transition information • Conduct community meetings to distribute educational materials and allow 06/1212023 residents an opportunity to ask questions • Update City webpage with new Welcome Packet materials, new service 06/12/2023 information, and transition announcements •-W W &F WM PROUDLY! SEBASTIAN WI' CNG FUEL! 4 Every day, wM helps reduce . emissions and increase efficiency across North 64 America. Loam mom at wmcom 6/30/2023 TESTED. PROVEN. TRUSTED. 82 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services PROPER CART PLACEMENT Place your c xt r 3 teet av;,ay fro rn at? obkoactss inclaIng your send cart, mailbox aar, Or M�e Tne lid offing slr3u:d fare L" stre-t % th ltrc whea�s of the cz! faliN your house r°18CIEE WtWaii Of Me KE" wa:*ti- t m&-p F-s-sin and ew C&.eez M W obstruct cUlIL'L$an of carts or sulk Itf~CriS by partsng vehicles in the o tiini`w Keep area clear for casv 3MM b� ca hedton truvk ovA.It tram rru, %t wE i'agpd anI ht trmoe Me cw! , mth try hd hum ct3se-J Neea rra.e space? You can rerit an aldraona3 can for S month. 0Meme have trash cars at tW cuZ b3 6 a m arc vosr regular cocleVion da-v - Tuesdav HEED AN A00910fM Tc To refit an ad%Ibk•, m! cal: t:,p S&M01M, Co WM at i 5536)123-A5G7 1[WE Ou snoNS? su 'Lhlomer Service Deparirrael Ls here to help Pftme c.! 1555j3234567, or v:f t uz, oinlirie at %Tr,.wm Sample Welcome Packet available for customization by the WM design team. Acknowledge that you will fake ownership of all City -owned containers. WM acknowledges that we will take ownership of all City -owned containers and will ensure they are responsibly recycled. TESTED. PROVEN. TRUSTED. 83 CA!,61u, City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services "Everyone was extremely pleasant to work with and the cans were here in a day!" -Tammy M., Bald Eagle Way "l give them a 10!" � -Nails by Kim 1413 N. Central Ave. J l If Waste Management has to miss a pick-up for some reason, they always make it up, and usually customers are notified of schedule changes by email." -Barry B., Keystone Dr . "Been using you a year, only late for pickups a hand full of times, can't beat the price!" "The driver is courteous and, if something falls out of the dumpster, 4D he picks it up!" -Jerry Smith Flooring & Design Center, 915 US Highway 1 l TESTED. 84 W PROVED. TRUSTED. 187 of 302 T rnAtNA[rr M[NT 21 COMPLETED FORMS A Partner to Your Community Proposers EadnWe Curbalde Solid wore beMces RFP a 22 a) Information AEOVFST FOR PROPOSAL CO VF R SITEFT Form REQUEST FOR PROPOSAL 0 22-07 EXCLUSNE CURBSIDE SOLID WASTE COLLECTION SERVICES PROCUREMENT CONTACT: PROPOSALS TO BE RECENED NO LATER Don Wbw TKAN: Thursday, November 17, 2012 by 2:06 P.M, ProcuremenUComracss Manager Local Time PHONE NUMBER: (772) M8•9231 E-MAIL: dwhpn'`citygfuln,l,an o1g PLEASE COMPLETE AND SUBMjg� F01r �� rOf11l BID Proposer Name. Waste Managcmenl Ins:. of Flprido nananory rre-nra manaatory . Address. 1SOON. Mllltan Trail. Suite 201 City of Sebastian — City Hall Council Chambers Boca Rntan, F i. 33d31 1225 Mein Street Sebastian. FL 329S9 Phrmo Number. (954j 9.8t-2035 -- Proposals are firm for OneHundredtwxnty Days (I20} wort: days. Vcs X No Olhcr Fax Number: 19541981-2058 _ _ E-Mail Address: dmthmuwm.cnm FEIN Number: 59.1099518 Ifsubmittinga "NO PROPOSAL' suite reason: Proposal packages shall only be mailed ar hand-delivcmd to dhe Procuremend Department, Meased in the CITY OF SEBASTIAN, CMV HALL, 1225 Mom Sow, Sebastian, Florida 32959 Receipt of Propovds shall be officially clamd after time and due identified in this proposal Proposals received alley the spccifird time and date shall nor be accepted The City shall not be responsible for mail delays, late or insarm a dclivcrics. The omit dale stamp located in fhe Off ce of Adminitmaive Services will be the official authority fordewmiliming Isle Proposals. Onc (1) onginal siptcd in Blue Ink [MARKED `ORIGINAL'). and five (5) capms. and one (I) electronic PDF copy on Compact disk (CD) or flash drive of ■I I Proposal sheet, end required anschments shall be executed and sub—ti d in a sealed envelope. Proposer shsil mark Proposal envelope, REP No. 22-07— EXCLOSIVE CUR1351DE SOLID WASTE. COLLECTION .SERVICES Pmposer's name and retina address shall he clearly identified on the oudside o(ahe eavelone. IF(. r , Jr- v President Amhorin Sigraturc Title (printed or typed) j2yyid M. Mvhan u„v..«l.. l i. sno+ Printed Name Date -Printed on 20D% past -consumer recycled paper. 1 v bl 3�2 Please recycle after use. w City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This page ini niionally IaFt blank. TESTED. PROVEN. 2 TRUSTED. 18 of 2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Check List of Minimum Required Submittals Fxdustva Curbside SOd Waste Serviwa RFP 0 22-07 CHECK LIST OF MINLMUM REQUIRED SUBMITTALS This "Standardized Checklist" has been provided to assist the Proposer with the submission of their Proposal Package, This Checklist cannot be construed as identifying all required submittal docurnents for this project. Proposers shall remain responsible for reading the entire Proposal document to ensure they are in compliance. The City, in its sole discretion, SHALL reserve the right to reject any and all Proposals, to waive any and all formalities and reserves the right to disregard all nonconforming, non -responsive or incomplete Proposals. The City specifically reserves the absolute right to determine the seriousness of any Proposer's failure to specifically conform to the requirements of the proposal document. Proposers cannot utilize the City's determination of the seriousness of any specific non-conformance as a basis to protest the award of any Proposal. Proposals may be considered subject to rejection if, in the sole opinion of the City, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Proposal, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject as non -responsive, any or all Proposals where Proposers fail to acknowledge receipt of Addenda as prescribed. PROPOSAL SUBMITTALSTORMAT&REQUIREMENTS Included [ M M _ NIA Proposer has completed, signed (blue ink) and included Request for Proposal Cover r Sheet,pjc 2. X Proposer has feted, signed { repo txrotp geed (blue ink) and included Ibie Checklist of Minimum i X Required Submittal6.gw 3. - _ Proposer has provided One (1) Original hard -copy Proposal (marked "ORIGINAL."), r signed (blue ink), plus one (I) electronic PDF copy on compact disk (CD) or flash drive I x of the Proposal complete with all supponing documentation. Proposer hasprovided the Five (5) hard copies of their Proposal (marked "CUI'Y") ~ X y Proposer submittal is organized (to include all information requested under each tab) in tabbed format as described in Section IV, Proposal Criteria.pa&e 25. X Proposer has confirmed that their Proposal reflects all Addends for this project (all t Addenda will be posted to ww"wpidorl ',com, l ii n:lide Itndvtsr.com and X pti/wwt�.eklr qU,=tor notification and retrieval). Proposer has completed, signed (blue ink) and included their Proposal Forms X Proposer has provided and signed (blue ink) the Notifications Affidavit stating they recognize and shall comply with the following: Conflict of Interest, No Lobbying, No Collusion, immigration Laws, Drng•Fme Workplace, Public Entity Crimes, Debarment X and Suapensiony and Scrutinized Vendor41. Proposer completed and included their Reference Form, page 35. x l Proposer has completed, signed (blue ink') and included thew Identical Tie Pt apasal aired -- — { — — — with ainatute_ cif a�plicahleZ, pale 36. X_ i Proposer has signed (blue ink) and included their Proposer's Insurance Requirements Acknowledgement, page 33. x Ptgpaser has included a copy of business tax receipt (occupationsl.lict" X Proposer has completed, included. and Shall comply with the following: Proposer's Disclosure, and E-Verif e. and Notifications Forms. All signed in blue ink,pag_es 38 41. _ X I _ Proposer has read, understood, and submitted all required doetmvetitatioa for Proposal evaluation. X Proposer will include and describe the collection route schedule and maps, page 20. Section D. i M, _ Waste Manseement Inc. of Florida Authori rgnature Company David M. Whan. President Printed Name and Title Page 3 of 62 TESTED. W10A. PROVEN. 3 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This pane inter io-oly lef; b;aiik- TESTED. PROVEN. 4 TRUSTED. 19 of 2 8 � ADDITIONAL REQUIRED PROPOSAL SUBMITTAL FORMS Attention to Details - Always Pro poser's Urcknive skim Fad wash. Same. RFP a iT.OT CITY OFSEBASTIAN Insurance PROPOSER'S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT RFP 0 22.07, CURBSIDE SOLID WASTE SERVICES Requirements STA NVARD INSUIL04CE REQUIREM ENTS: Before smarting and until ateep me of the work by the City, the Awarded Propu asu shall, as a minimm mandatory condition precedent to this worure k, procand maintain insurance end to of the types the limits specified below, at their own expense and without cost to the City, until final A e k n ow I e d g e m e n t acmpLnce by the City of all products or service covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Cca;fiZc of insurance shall be made to the City of Sebastian. 122$ Main $meet. City of Sebastian, FL 3295E and should mlim. se the oprxarion Prior to renewal, non -renewal. Anccl latian, or change or modification of any inswanve policy, at least 30 days Advance written notice shall be given so the City of Sebastian Minimum coverage with limits and provisions are as follows-, A. Commercial General Liability: The Successful Proposer shall provide minimum limits of SI,OW,000 each occurrence, S2,OW.OW ma general aggregate combined single limit for bodily injury and pmperry damage liability- lids shall include premiscSloperstions. personal & advtrtisirtg injury. products, completed operations. contractual liability, specifically confirming and ensuring the indemnification and hold hasmless clause of the contract. This policy of insurance shall be considered primary to and not tontn'bming with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation toted on the Certificate of Liability. The policy of insmmnce shall be written on an "nccurrenee" form. B. SminesesS Autemnbik: Successful Proposer shall provide minimum limits of liability of ss,ODD.000,W each accident, combined single limit for bodily injury and property damage This shall include avenge far: • Owned Automobiles • Hired Automobiles • Non-Oumcd Automobiles Printed on L00% post -consumer recycled paper. Please secycte after use. C- Umbrella/ Excess Liability: Successful Proposer shall provide umbrNla/excess coverage watb limits of no ie$ than 5I,000,000.00 excess of Commercial General Liability. Automobile Liability and Employas Liability. 'This coverage is optional if Successful Proposer has S2,000,000 General Aggregate under the Commercial General Liability Policy. •• D. Workers' Compensation: The Successful Proposer shall provide and maintain rtorkers' compensation Ins OnCe for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida- Exemption mnificales to this requiremem arc not acceptable Should the NOW Hail Named Vendor utilize a Professional Employe Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included an that PEO roster Said policy must include Employrn' Liability insurance with limits of no less than: • Each Accident S 100.00D.00 • Disease —Policy Limit Ss00,D00.00 Disease — Each Employee S I WOOD SuccmfW Proposer shall further ensure that all of its sub-conurattos maintain appropriate Icvcls of -vrkeri compensation imummst 93 Parr 3S of 42 MO HOME OF PELICAN ISLAND City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Erclostva Curbside Solid Waste Services RFP f 22 07 Other Insurance Prpy1sion3i The City of Sebastian is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waivcr of Subrogation is required for Commercial General Liability and Aulamobile Liability- All certificates must be received pnor to commencement of service work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of canccllalion or modification to the policy. Deductible Clause Successful Proposer to declare self -insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Bast Rating Garde. Uniess otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy accordin o t c nature o e project. City reserves the right to accept or reject the insurance carrier. + WusW Managewni Inc. of Florida Authorized Signature Company David M. M; han. President _Npyemher 1 S. 1 )? Printed Name & Title Date REMAINDER OF_PNTENT[ON ALLY LEFT BLANK r"Jy 34 OI 42 TESTED. Am PROVED. 94 1930i _t2 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services References ExduMve Curbside SoW waste Services RFP 4 22-07 REFERENCES Provide a minimum of three local government references, for which the Proposer is currently providing this type of service (or have provided within the last 8 years). One reference must be residential in a Florida City with at least 30,000 residents. One reference must be commercial reference in the State of Florida. I . Company Name City of Jacksonville Contact Name and Title Will Williams, Director Solid Waste Address 1031 Superior Street, Jacksonville, FI.32254 Phone Number (904) 982.2877 E•Mail Address µ+illW(d`;coj.net Length ofcontract or business relationship: Start Date 10112007 End date 9!30.,2023 Contract Value S 9,523.800 annual contract value Description of work provided on this contract WM provides exclusk a residential solid waste, rec}clintz, and transportation services. 74.583 residential units. 2. Company Name Hillsborough County Contact Name and Title Ms. Kimberly Byer, Director Solid Waste Address 332 N. Falkenherp Rd. Tampa, Fl. 33619 Phone Number (913) 612 7719 E Mail Address byerk(a),hill sboroughcouniy.ore Length of contract or business relationship: Start Date 10/112013 End date 9/3012034 Contract Value $42,249,941 annual contract value Description of work provided on this convect WM provides exclusive residential and commercial solid waste, recyclinR,yard waste, and bulky waste collection and disposal smite. 96.000 residential units: 4.500 commercial units. WM has serviced Hillsborough County for more than 40 years. 3. Company Name Martin County Contact Name and Title Mr. Don Donaldson. County Administrator Address 2401 SE Monterey Rd., Stuart, FI. 349% Phone Number (772) 288-5400 E-Mail Address ddonaldsAmanin.fl.us Length of contract or business relationship: Start Date 1011i2007 End date 9130r1034 Contract Value 518,415,224 annual contract value Description of work provided on this contract WM provides exclusive residential and commercial solid waste, recvclinR_Yard waste, and bulky caste collection and disposal service. 48,000 residential units (pop. 160,853 ). 1,904 commercial units. WM has serviced Martin County for more than 40 years. Page 75 of 42 TESTED.VU PROVEN. 95 02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This vF,gP inie,,ifiooall) I;�fl blank. TESTED. Ulu PROVEN. 96 TRUSTED. 19 0 2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Identical Tie Proposal Sheet Eatltraive Curbalde Soad waste Services RFP a 22.07 IDENTICAL TIE PROPOSALS In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals that are equal with respect to price, quality and service are received by the State or any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that testifies it has completed a drug -free workplace program shall be given preference in the award process. Established procedure for processing tie Proposals 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; l) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibitions. 2) Inform employees about the dangers of drug abuse in the workplace the business policy of maintaining a drug -fret workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement 4) 1n the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to any violation of Florida Statutes or of any controlled substance low(s) of the United States or any stare five ( 5) days after such conviction or plea. 5) Impose sanctions on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community• any employee who is so convicted. 6) Make a good -faith effort to continue to maintain a drug -free workplace through implementation of this section. As the perso horized to the state ! c ify that this firm complies fully with the above requirements. Authorized Signature David M. M •han,Presidcnt Wastr ManaeemeM Inc. of Florida Company Noxsmbcr 15, _rrza Date Page 36 of 42 TESTED. PROVEN. 97 1W MF302 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This page le`i bian:k. TESTED. PROVEN. 98 1 TRUSTED. "o2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addenda Acknowledgement FxdasKs Curtsde Sold Waste Sarvbes ADDENDA ACIMIMEDGEMENi Proposer', Name: W=e Mmauxv . of Florida Phasic A (954) 98i4-2035 RFP a 22-07 RFPTitle: EXCLUSIVE CURBSIDE SOLID WASTE RFP#: 22-07 COLLECTION SERVICES Proposer shell indicate below all Addenda received. Aelmwledgemml confirms recent and rmdersiarding of issued Addenda. Proposes understands that failure to aclnrowlodge any addenda issued may cause their Proposal to be considered non -responsive. To coafrna the mmrbe of addenda (if any), Proposer may contact the Proammenl Division at (772) 388- 9231. ADDENDDUM # DATE RECEIVED 1 10/27/22 2 11/17/22 3 11/21/22 4 11/29/22 5 12/1/22 ti IZ1 M 7 8 9 10 ElNo Addenda wraa received ba connection with this solicitation. r Signa ure: Title: President Prim Name: David M. Mvhan Pale: Ikcember 12, 2022 Failure to fnlly eomaleq Limo and submit thus & jVj sure may result in rrlectioo of the 0r9pMl Page 37 of 62 TESTED. 99 IM PROVEN. IM NW302 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This page int, nmionally lefi ciank. TESTED. PROVEN. 100 1 2 R TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addendum #1 wOSEBAS dCruny. trctivc �■�Ilea`;�, 8sr/4ve PCPelbn'+el - �N _ M P:vc .-M D1 IOA&DF7'HCAtI SOM.L!� FL ]2aha 17r711bbeT]'1 OG"0" "' ""2 ADDaIDUM sl TC THE CDNTRACTOCCUMENTS FOR THE CITY OF aERMTIAN PROJECT HAKE AND NUMBER: ITS 22.07 - Erdtghs Selld Weals Collegian 3-1— FROM: bon W Non City of Sebastmn 1225 Mal, Stroal Ssbabgen, Flun'a 77p,5 7T2a66-Ml d%ftzra wI&.b.Wan.wit TC: An PAAW Neldirrg flpsdRotbns: Tlr Ctp', M As evh CIIe[ UD i. ahatl MS" A. mica t. Award thh p ropoml In whoa w in pets to wherMYar the Cly bellevea It the moal naponelbi. And mpauhr bidder. AM is in Bye beet InIr AAd 01"City. I. Ql Al—ecitT-oink .1 end Frmchiee F.-- Would the City Wcut th.s the 5.y_ renewal pcco be bued At mutual mmmt Ed. pwies (v[O:ss r the.olc daoetian of the City)? A: Vice. Ta ffltaewal.hag over read u FeNN—: A�jRFPJ111�YC TCRT1.r71EM1Zljr -An FRANC) . FP1(. The City iacn& to ewud Iw mbtj n i ('7f yrar mntreq tD dte furaas�ul Prap°ur e000 --a MAY I, 20A tw,Mai6.8 oa A.sr. 31, 3U)D rrih es option m er w for one ]1) ddiu ..1 6- (S)-yew term bored eom tgajeel i of both tarikL Tic Ptt poocr SM) pmvide a Frmabibc Fe b.xd n arms reveguq coactcled pursnmt to the Feemdiiae fVed berms The FnnChM Fee Abell be paid to the City, by wire or thetlt, a. m before the hfle[Ddt (]5°) day Of each mvath I'm All wvicar [0lk9led (for allraidmlial, muld4wdgeg and uor rc:hi cussomem) by the F—chime doingthe prxedi.8 ce.vth 2. 0; With rmpc<to ineummcq the CotLbzam's cmpmIgs Policies conleim mnfideatial and proprietary iofdrtyatim iododingtheatnomt of&ppli"bit SUt/ddo0NOL. The Camlmctm lc hmofirmaLiml:hat it it not meeeut.ry w Include Lk SIA/dedurtible m:mmh in the Cerdfirsrm of ]rdumnce? A: ILha lueemary to laded. the SWeledie elbu ae Om cI U, the CertlOtak dTsv._m The City "qWm the amo.ob Aced b be named Addict uAlly IA.oreel Tbs City dot sal iced m be mmW .. AddW..,Uy lmued is the esee awerkm Compmastleo. 3. Q: with,tap.q to inrucenm, the Combmoi s m Pco tO Lsursnce Palides ro.dsim mnfiden iLl rW prvpyeL.ryirtformaaoe. The CvnmlLNdr mile cot5rro.tiom thu it MAY pods or iod.et my confideatisl imfaegarim bef pvndin- copy orthe AmW imtueri-poley7 A: The Caotreehr may cede or rtd.L my r.eW-dL1lslnrm.tloq befe.s providing A copy of the Aet.al Imm.ae. polity. P•P, 1 of] ADDENDUM M To THE CONTRACT DOCUMENTS FOR THFCrrY OF BEBABTIAN RS22•dT-P elu.lea sand Waft CelNdan g.rvlra,a a Q:Ilvund mf:-7hsm le wproriemthrt ailaw. apmPuoo m.edrmsdjos.oeai.trpriaAfm wsaedlefptd and rmrard m.L iaaerr, Witt Aee3syagee ro Add arch [spgwge m Lhc aaGd w..,. eatbae[7 A: ibe emtnm eaamh..e8mmle wornalmg CPI Cbaade .ad Raln .ed a mfiim r.tadug ro `Rau Ad]vAtmml Pttardurd'. 5. Q: Lunge ip hw- Thee a W pmvuion Ng diag d1W11 Saw. Wll3 the City Jg= b.dda pwvyion in Wc.otid wmte woman sd the d=gu in line the Affectlnmun prm m chc mat ofmh ae qn b. rpprvpNMy addaesai by the p be7 A: Thh b eddr.red L, thv cn.tnel and will Mon thm hk[Ly •t•y co. 6. Q: T'emhitr6M Wild m Rnlww Cm -Cm At Or,', night b lomimadmP for ecovmlmxupart 30 days' ,Ww be remmed, or allamtive$y, VW9 a Mabel 6SN Im bolh panid7 A: Termlm An Wplh aT WRhom C..M AMO sow rmd A.1.11 n: A OR W'T� The .peemms ramldpg fmm Ibis AFP cm be xtmim witlm`m fheny of den wnt+em matx 5vm 23[ City'i11— U pope- is 7 -d te, hm fsld to prfrm sericce ;a a n.mer e.fufA0.1y to 61 City. The City " be .ok jmdp of eon- prfrmewm FLmtbc, fhe lgmeoLlvt can be tmmteaW by niher prey tvtdgr our uPaP mahmtdred 9" b co vioays cdfee AM-- by el She Pmy. In the evmL of terrldttahan withom [eau, the Paopa.e. drD be mmpmAMd kr AB serNaa pefo®ed to the lSly''a xOsh:tivn T, Q:WUI1heaY&9eccWAdds forty rmjnue po+wmrlhe u€id wute agre>@hs t7 A: T3h wht 6. sdd—.d I. U: m.tract g. Q: ImdvodR«lion-Would the City agrrz to remo­•gmr` m lb.l the CoMnecof, iodwrifieatiau bliptiom do cot ic,h MY doau mm7beg £mm my neg;igen am of We Cii> A: Ne,, rbh em Mod ., amid. p. Q:Pme:gesry Aesporne.. Ptmse umfvn WNtk mltodim ofamnadebtti is cot pen nfthn RF1'e.M Wet Lh Catbstln th.Ll cot be ecepc alefor wl W.V—(..1- W. C:ytgees to pay for.arh .dditiatreI swim .t . mutudly agrwd Won Ne)7 A: Uamntratl.blt Force 6 prnml)y addrrreed to Lrre (2) diff reel .seemm of thr ccind g co. .. ]pl�i.Tq rp tpn ryneTafl Ibe.(p]]ereric: City dau air to p.) for adWU-Lt els.my fire itv ioanh La[m 6abk Forc[ wa mumay epe[d epom nle. A. so opdm.1 11"'arserill, rbel .•.rWmraldretriA2adorh de rt�shawae•Aa d'vucSy wRdi caBdtert R.u1er.A'pd..C.el neclare la dNpual Aflame rnlvmrhlte y.rd ID. Q:Proposer'.Oisdnian Form-PWwavaG7m hat 16c h1iaAliea liald in Nl can ba tlhrtitad to deima MW%ct, tocmt,, far gasr LalteeSav arvir6 andaiotdd tm ioeuae anploymmrsedans. orlm Merle avdmta, ec7 A: Thh rrg..sw eh..v h .—Poed by rh. qry, page2a ll ADDENDUM At TO THE CONTRACT DOCUME1lT13 FOR THE CT' OF tEBABTW{ rB 22-01-E.cbMhA Bahl W..b Caa.etlmt swd- 1 I. Qc W 41 da Chybe pmvWq a dmfl co3na to the RFP7 A! Tn, Lb, Idlebed eoatr.ct WM prvmdy opmit,i tuber lumt, much m L,i, tbt ­,Iwe rr prmmdy wa.ttoahg; baerevp, th—w111 be 0egn t. Lire.abed(,:d,d )tantntt 12 Q: I .eh iLquiring W the dac dncw the aabmitNl ran be utendrb m a0- 75 d.ys from today {the day the Am was poaled)7 The add=nid days wdl Allow the CityaStbutim to have eespw,dm% pspm Eaod QvsNfid pmyswel. (ar hm a aiNrmt lad. of emdora io A. RFP A: Fk+.e.rc th[ Am[hed reW ed prapaa.lAehrddc Did.:— Nov.Tt E I6. NZZ C_Pn Y N.me:- r).Sm,emt Ise e[ led& weft" $lpMtul; Pbnled SilPAlurA: DL dM.Afyjsaa.Pt p.ge 5 cep] TESTED. PROVEN. 101 W0A. TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This rpga ef, biar,k. TESTED. PROVEN. 102 20 N% TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addendum #2 gMASTova Administrative Services Department MProcu►nmont Dlvlslon 1225 Main Street Sebastian, Ft. 32958 (772) 388-8231 kOfrSE OF PFt.ICAN fSIAND November 17, 202), ADDENDUM #2 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITO 2247 — Exclusive Solid Waste Collection Services FROM: Don W ixon Ciryof Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon(grcityofscbasfian.org TO: All Parties Holding Specifkatiom: The City, at its sole discretion shall reserve all rights to award ibis proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. The Mandatory Pro -Proposal meeting has been rescheduled for Wednesday_ November 30, 20I2 at 10:00 A.M. Loral Time, in the City of Sebastian Council Chambers located at 1225 Main Street, Sebastian, Florida. This mandatory Pre -Proposal meeting will allow the Proposer the opportunity to inspect the worksite and bring forward any questions concerning this Proposal. Deadline for the City to receive questions has been fescheduled for Monday. December S. 2022. at 2:00 P-M- Local Time. Questions can be sent via e-mail to dwixoNLicityofsebastian. rr Proposers are responsible for verifying questions were received by the Procurement contact. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Proposers in submitting their Proposals. The Proposal opening has been rescheduled for Tharsday. December 15. 2022 of 2:00 P.M. LOCAL TIME. In The City Council Chambers. Oniv the NAME of the firms who submitted a reseonse to this Reauest for Protrosal will be read aloud. Bate: I t 1 22 1 2Z Company Name:Waste Management Inc. of Florida/ Written Signature: nalz'§ / ► 1 Printed Signature:David M. Mvhan 7Vf TESTED. PROVEN. 103 W02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This page intentionally If.;ft bunk. TESTED. PROVEN. 104 20 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addendum #3 Hoeg a rlaYudf BL.ua N-Ik n21. 3D13 AAw,le.b,0". a.r.,rw 0.Pwrrm r.ean..n a.rkn r338 Men erwl bbwma ft l3bM fml3naa+ AODENDLM 03 TO THE CONTRACT D13CUMZM FOR THE CRY OF SEI,ISTIAN PR01EM NAMEMO NUMBER: IT133gT _F4r►pNrSWa wprl CRb.ae, An.ILs, FROM. 0. wren CSydfseb.ai., Ins M.0 Serest 3Am.0. f lRnd 3M. rT3.3117333 e.:.aa�nanyd.mem wn day TO- All ft R HW&I Sp.rRlreW- TS. C-r, a, ..Rk a nip,'W reccM YI "" . owara I pw-a u »", a: ,a pa w wb.avc [M CAY be.- u Ib< m0n rm `Je u+e rupoWrl MM.. W I u Tar MN 1.- 0 b Co, I. QO]peFc ld tc.l. dY "e,rtp ae"OL`r fl am'Ctik.,m PfaerrlrttCHl lrfyl lel ss„aLa .d c.nrndl} araw�Ym6,,, m 3 Q. o P. 16 wrlrr'L1em.: re,dr.el [allrnxn a mr u>cl,dey r1w faLb.:Ai' ,;,k, do 3A b . 6- I. Cn. 1r 1 T1e Ivrew raven dw0w kcludc rlrcvw-x a .nt,nn ? }' d'• n�eM a �,/I j ®,JIMw•b/� d to t 17.r (In 1pk R+,nu?r rrrrpFMlyd el lWr lne flS Sera �.urvfLr:an F.rg}A.-�y}1 lu'I weM < Q a,pgt 11,.edm'spgp. el wae7^.I iarl:Iano rlwtrw»r w..e. bN b.n., nm,:..,rr w,_a, Irt r�iamerreler�.er„r,.. Tom,eve,eve+�,r.�:ero.eP�r�l.d.:d,,;.�,..1.�1a.m's.,c .i0 nerabh aSkued .¢0ntr +Res du tweu.o rtR-a,r. wpe:.ss rrfr orrd'x:we W cave c'lll'iPrrre? ti'�RM�-b1r'r pL}n rcm.,.d fnm Oed.D Gr4uv a.r +e ,be Iw, OI Sewl.l Cwomr[u wovvuM s3 TO THE CONTRA CT DOCUPOTe15 FOR THE Cary OF ay.AS s RB u� - GdRrert S0111 wore CIIkr.M S:,e»k.1 la.Q. Oe Pye 31 ,I- 1. Z. 3, 4,6. 1 W 13 Y.4 C:r, -W APl I Off CRe.trma Tbesrymxe rol pwolh JVP. Wwtllx Cq rrxid.rcrma; IEm free Jm Raep.lFpa+ Rw OD -M-6- eenp. . wid G rrmo.rd. IS Oe pgTr 3 t .has C.w:e.rs W ['.�+rr.., Cu.ase: nnl�L�,:r hee„a:ir bry 1 Yetd cmn,parell ampera. wwL},Sr CrY cam�on ,rd>'r l }.:4. !4 w.I Y] y�r2 h0m du popoul ' Rid aV.Ie brhd.2 rite .Id awh.na. ,6eeW e,.. ealevrr Nhrr den.wrMwlw well art ,tlevaLL M Q. 0n3Mpe 33 Fwn F w loan plops[ dove, l yerd C-aae.dA'.N lhep dip ee, M.. I yNaawrPR« Tb: is nor a+rr rn.:,. wr,aa Lr cn lma.:e. r.mohsekr e.n, rbrferpad rPm+T AOm Ill ymeal br res.nd. IT.O. RFPkpmnlm,:rul nu.et.q:nAe, fa CP3 „'rill lra.M„16re na»ac,ltl Er CeY rawds ,n:nP deG.blAe d TIW W"A b ,.xhel btY lW eeeremp. I A Q. Enielra Prmeh.a u"a: tlw ['.:y pk„e c4nrY IRe pwnb end c.kWr+aa for U.r rnluYv, prv.fm' T.b � m:v meca,:md 1}palc,l bw :1 d:e O'a,lhbd .elx C 3 Mai dt tdlhe. pn.. iorw!'4:A,5rhn lbe 4%.: mu;m.n Rir f.,.l,u iDpR:P,s Sm]r a,ue e+,h ub 588 A. ErWeROA er.eraen ,nD ,eve Tea atem.s: 7r16=iI6RFlinLri•nam.,l..m e . A - m.r�n.n a9..l::ni 7ACZFnInA.d E.,I: rwnlm.m rs nw,l 19. Q. wel .� Fw4,eFr cvmaue,r br rryuued fur ,II rvdcu,,, w ,, _, cru .u:.vuicn and rtpkrmsn, a evdedY A�Yn nn 0erb.m cva.kn. wDl M raui,ee Ira .II nJd..,,. %.Q.TICRFPwulrruxh,�ep4rafaVnne:edSrrr:eruplm. Wu:Utla[,ey:aPaan,..,all hlniap TPr t'we.yl Ir+.'Kt Opl,wd' ae rb b3W _ 111_ Fun E Prom.. worldPik- l- tYW'f:eahan .cola I+e eny prr eP pY ear ,nw,x pwelly? au can rac+idr. drltli6,8ng th31 ..I,rn? A: TH, -A dre.me 110, Ihr 1-fin and %, Og CID wlll nor Mkee. ADDENDUM -3 TO THECOYFRACT DDCUMFN3'S FORTH E Cr TTO4SEHASTI % ITB 31-8]-E+rlmhe S.Ee W errr fellMhn S.rrkn Y Q. L: Ikmp,m.mOW.el,.:,�MI}suT,.w:wdn r�n:,e�r,:,r,fK mlleur0n 0lelecrnw:r w,w, hpM hul Ms bnma .N drt. r. nkernl.l cPe.csiae rnre[n :,n[. Ihl aY,ed i.,stlrw l..e �.e. w dr s cv,:eiF rar.rn:an �,Im,...tu.. dw M.m cnalr I,nenll.Ih. ekaay .rasp d:ex rclwr Wr cl m mp w dm Clly ,wean A! Pkw w the mrwn m e.eRlme 1.M L IMnr n 00'�D'Rr II, Fkwe cagyMCueprylFrraic m4,0el Y.a trnA,mamae. uh,d etbrrt. h. dam ,Mutla'mea,Y' e, [Cc1.r I. r�t,tl,a wYl mm tw rrmlred M1 yr n+lYLterhrE. 1 0On pW H, pluu cW, ,M,.+wnl u,,.M a kcnmur.ws:emd W w ae:m pr+Yrx r, rnidrntill m6ntba, A r. 0 on PIV M -M tle C,+y eA DPr^ b I a ehupe fm My-661-a S.nle,n OW ert rakd b IS.1'h 9 Q On p,De 70. i, rre.r-S,bArnyrbn',Mr C,meOneiY Sorer. bnY LL mm,n W - port d IA4 RFP, b FI mmrl ur,mnercd n.ea. wei 1+ pw.dd,a inr Ilxe, n . waaLy le. Q-O, Prit 70, rl wdw �.wn,.l .:.:w arUl be r In,l b . wort bu, mr r,xnw,wnnr, wrm . k,R 1:, wrrL IAn,dr 1p.l S. k i, ,Y W rm ar,he Gry m eegakr en w.,lrtrnl r,waan, e earn kre4 m L I .mk' 1 fn r4r.rnnW it Vek NP3,.4 N;r.. yva ugki'm.ie,wm rl erT w'OWtl Lx CdY be Rs'nooukdmB ,IC arc ,eyurecera, W I eK m Tract, rensx<+ A 51 9n, 4mn 1" a, duacrt•, Itts dye M w":'s. k+r Tin I' m k,ytR A: 1'n.ML kwlu fe wtln n IRe [ee,rtrl. IS Q OrNV 11.3,!n,e rk•rry de Mivla,r kr per.nule ,o be .PF:M A.o nmePk of 1n. Iat ary w,m, ns 6eclw frt w.�:n:mr„a I. de.s A ]Krt4n a0dlM ald 1. He fin. Il P�D4'ell.krRc h,edke fn Lv, LYcrmmrtn,aue+,ra..mprtn„e+ea,, .cc taK rrax W k.�edv Feces rse Czh.rl: F-dr fn. A fwnreare Fa m ft .tweed _%d p- - mllntM Furor m dr Fn,ahke p.ud L,-..ran M PW a Dre C,ry, by 0.6e by ,6, FrAxiar< ¢ . L- - nh-b i 1301 dry of e.L mad F. E ..ma mLk-d by dr f W e dw..F a. hdflwdl.HY p..darrmcd ADbLXDUM 93 TO THE CONTRACT DDCDMPA"rS FOR THE CITY OF SUASTUN RB T3.d}-MWw 4W W- Ca fk, 5rnk. .: DF.tr la Tmrnn!,aw+d.wla=ecr„eP.uP.ernb,l. Q:u;nv-e'. vest-,.m1E:.hee'ty Nerse xmPea d.r waYOxa Thor. P. w 8p' wn..rt. aawe �aL 31 O Pere Ie Ae.r.nr 11 WLI[d0IM 1399,cNr Rewwnl nclydr±Rn .iwba+pua.. rral:f m:lY, r.d ccel,.rroln Ifu. era w p[ a k..kilo.n !y'ni,s d. rxM rewy.y.' b9WfmIW ., ll_ Pau le Srclm 11 11 dr nll e»md hw emrei.,� atl.:,m ,rr,wn, w0c:d err my com,d[r e<nF rM h'Ij.vE ndn m the »'a,er b'i x :.fig to vala:rn uai Tbn .ill Irvr:dr. bn,n a.avpink.e PUF rt,X"er. A- Yn-,Iw ed vumrre m lw urea. 31 O pLle I R .unvn III W lu, �r ,v [,wart, F,.ntld.a Fer, e.d do ksrih'Lu :A rbe 6..e }.:ee W I i.Rba[Idea 1.,.. cr A� fe,ty Tent Awn, 37 O. 19 A,01PAyld Fo.vkx Oa,v,m Now Imny md:r u. mlua r,llyiee± A"t rey 31. O. he¢ 19 Mulu�Owdli»Storm Ocm, Art ,ban xraca by Iro111 kaeb.a rmup,r,r a w:4, ]F O P.rr 38 fe1keim Rw,n CrhrSuk .M V..ew h:r ,s:fxeh,e lP pmak mq ir..b,rrq,wm ur rLOwq n vr..:a wl I+,ew hu. b ruule:r:el m. Rmw h0'. rm:'1 KW ly e11a,r` fa ,h. aNes, W. rrn prmaar T.Td. i -0 Sot Yn -i IaiFU. Fkett MMIL 30 O hm ]D Srr,?en E } TM rbvrrrs+.v dm w: elTrr rCli' w,r,p0rs0,} World Lx rdY canwder mu,wp. w'bunked m „edeC N 31. O..�F..4, ff cbc Tar rtqunm n0 ea+a..nr cllc, uD ptr yrm.,bev »I,Y Ja ,hurt ilmu Nor [a be Intlueed In ,K del[ atrv�Cn {rka,.ec. IITl1 bulb, ErC.nn piper .bmddc.P, wh,e Inddl- lefla.l 0a a RnKall btu? d36 11eI l TESTED. PROVEN. TRUSTED. 105 �m City of Sebastian Request For Proposal ## 22-07 - Exclusive Curbside Solid Waste Collection Services AOOEt[OLM q C CorfrEACT OOCtiMR.Ta IVR MILE CHY OF SESAS-MN ITH Tr#1- Ee..r.r S.rd W—Cd1eeW. Srniw. }r 0 S.I-MiiIi- far [vocdsur. da Ibo mrH v [ylvp.l fR eeahtRncul hxhrues M hux iNkcttah i[rriXf? Al kr.lClar feSl,eal 13 O.rear]F 5rm�oerT Cmle R[ "n"[isxs tr[mcmlkdbrcnrcoot.wdllb.chy eern.x tM xaim'. S".11lY. will the [::t I[k Ix w.vrns rm lb. 4n f :mmb IF H O Pex 11 Sremel3 Snrll ealadan e(CtD mJs pebrJsn wsdbramoFs du[mek .,ihr. Isahia.an dwe nrr At Tn[, IXaIt rmwM, rr, ae[epl.hk, Jl 1; hx ]y Sxlw. C 1, IL. w!F Ilk d—inrd whuhrr. [a. a ewla,a pds. rpnmdpe k. nrmn]usl nN la r[plr.. dv cen' u d.11a [,.nKler Ik,11 lml rml.[r Ihr rarl. 76 O. An 70 Prvomal T EgRII�INi4$mnn. Rr the plupoX orpXriLr.A a [vm}cidix R(P. WJI dlc ntY pnn'Id[Ih[Mu7h [oml ollb[smd®id.cnm. M11{Ii Awsnvq uvh, ead w[W CI,Rdnm? A:'[.rir hnl.l.ar k.rwklRc lu' 6lFR. 17 0.Canwllel.lmofe—ianemulh-0oe:]iegv.h[mni.erwevcr�ar>ry^ A' 1.iwnalfno I..al a•aW hk H O. h.e )I Cwr_mn M [wltve . Ilov meat [oraeec:r. mn�rewn sc a vir r.11^ �ff11-117 }4 Q. Wtll els my [om:drrualxars biC ADOFl[DIIM n Tfr THE Cf/I4fAAGT DOCVMLPIS FOR TXL CT' OF SLBAS7IAYI iT1 Tf-01-T.Ha.ex seed w.� C.krd:evs.e.ra, y The Frxhex Yrll pm,nde Vr Cllr Wpm r^'• [51 IWa r[rydhp <atTu[Iml old proud[ redslX mneuion aar.ke Xd prwtelk rr r1 bin T7s Vr- thr — C..r eel. mryehy eomprlX. The h[nipo OF Ihr [olppa[lan 1IL i.0 fmm lies b tia Mill Icwn eh.tl b. ,upped f Sc dXIFn aAoswrinF Ihr eery .f 5�..ruA cortprlrq wnp m,iFne.h.0 hr rgepred by the Cvy dSrh.sr.e d.alprted rrynaeR.tix lamry.px,iaa wsh the Ssi.urt Sesixa Ok�1x. A. !e M rrrabal Srlar Iknellm h.n Sp. SreRa.. F- IMn 11 IMR M eonaMrly drlefetl n b. 7,T The Pr•ji . S p 11 anS ¢. rtl mnorlp or (I) aNc 8—it..d [ L 3.rn S— or the C—Ip I Hein Svrst P.L.d Ramp. flnber Sorst SpwII Campke Baab.11 Park 1Seber Strcd Spwtl Cvngke Fsotball . vtd Rsxr,ie+ P.h. CCI?ambn shell sr, L'w nn, OL ewmi Amis"M 115 fllr nr 4irvi.. C�}{lyr wly, dramr [Ivt: Sr avrtrxd by I.Yr Cnr o/ Sehmv dnjfllh{eQ x In [ x,vf F. Lnum 5rrv.ee Olrr[ex. Il Cdkmlw far C1cY Frillier. Fua[hexe " pew.d. rn:la[vr. Ie:,xa ,I 'LAY f-Il,m a np elv:T, i�I,unF .r.cul minas fa d. 6:r 14I lover Gl}wpvo,a.ed 1•.n•vl. Md as,aaFv e F�rerv,. r.,L lhr m I ,4rd — T!e F,.P— .III rovwc, u m [mI w Av C.ry. dr mv.maa aad mllmr:a cl .d�! •ant .eel rrtYclm{ wrW i[ pmefrd at IFrfe Ill Cy ealul e.rx. ladretdvv 1>•y lila>•'i>n MN i. tvlY . . Pinks ger-.}rwrvf.q,vmr.el.f xIm-ea.d,f- Sdenm Chel.Wclrfd m Xa.ealbo r Ervmxw Pack arld e. a®OYee of eppTxsefafy Me QIwS.M 17 N.?. a �M Sbvep Fee held b March wiFl s. atecrdXs, deppmlawdY hx 6pm:d f 5.p001. dF CL Maw tl,"fh phMMNirFnMM„r,e —Yard vao. [aFeEbn x a qe enwC xaat a 1— m.q/ ARaeurfrrr. 1T A[¢-4d �vdfr unwl r.rtl rrxs.p.n vavtl RX [rT.+bw arrt-elv.mvow.X a[anl•w k-Tkm.wtblwae[e pelt ap braehnFeT IC TheRe IX fd0ilim..l tl.rF. b1M leWalfL aM d eeOk f.rtl.rxY b.Esrtd The ea4rb rrF drtldr tw re [nf�,. eF LnJM[rnr�mrsrus tiv rlA plf[o.wreolm aad DXmLl.s,[ohrncn ape. mare[, a,e rota .n ? tM n[k.r.s Iryl[hbaP a,n, • r Par. deY open m.rhal- AVVE"UMAI TOTR[COmTRACr77OCUML%"n FMTHECrPWOr$ tVS N m 1TaT - ta.w.. s.m wwcrr[f.. sr.lr. aR. Q Wwld dr esy [eeokk* Iv aQ ar la ds caitmk: ri faOw? A: Yn. M Gd]n 4 xhrl lie EVremv[a!k ba. ell Q Ia wka,. mX me,�.rpkm apm.pr.n anl.adXe k,re ehe.tnitym-pAr wrc; Ine I,eld:aurlw,mwha r,atre haler ladupXe prwsde >e ye lam?n}w [w!e rs^,d[.Lnenrtlm dXda,ytiw -a bul ww,M b. P[v]IY'pl^ecrvN- 4.vlv:nAhrt+.miee I.x.ty hruly Wa,.ea v seh.r<!.m Um, bew s n malm7 brae imrbermucd` A: rn. ngC4x3 f17F471lFARVr 2JILdZ C.e X.Yly Pnrorpe. Tlr Pn2 iw tali rump' a lm: Iwo (T) [a Ity deaeq —iXIlI 1v R..d." Sobd WFtevt— A. a akod.r y— The I— eel I —!au d Ih epmwmNY[kn:eA Itillh rd,eltd breh[ Cwfn[l Mrrmdr eowd—hm-h th. ll—hiwe. TN Fr.R ft .b.0 prm,de appmprw m dy 1 d p. F..duryn"I L np r m [oal b V. T n Io d 1 ef-1 EhAk Lb. mn. F h— It Ilr.pm t rbvl c W, wly GC—ly rreb. Ya�a lruk and 13a1h Trbk the kawhira .Melt rreepenl un. lakail. w tls C.unly Lrdllll fp 4.mA m ae cn.i IF Ftr Coy. Tie 1'roFe,a ehdl prr(orm rvp R7 Caw®iryT F..mh w.ekm the W,Idoltbl Sobel Welt uk-.d,r Yer. The 11—W >W.1 Meld& ekl—kc byd b.dbk W.I. (lMir[sW Wrrx) hpapn lYdCng xiir [adk.M nra Theral.nd Loeb. or dr oo—iov [l—w LMS is rleekd tT lb, Cary Ni—M LL, eaacdv.mt.<wkb Ib[ III— Tbr Ps°W-r N111••V1* al'AOP krcnnr i-6n,T N[h Wnka Iy[k" r.o[ar 1. HR 4Td X b the hpGHX. OdVK tiv mnvaani,Y ck I.rP, the Frulau "I wlk¢ Grb.je. Tlah, Yrd Trxh, rd FW N Trnk. fla IYxmin Jelllnrap r. C.ee—h 1, 1,1,C rl,n,fkE b, eklp—1 n w wr w i.e Cy. ]r.n d) sp-Ill Cxnl Clnep- In adddlui r C[ C[s>®Imp n.wlp.. the FxpeLee. "I pc(eml — 17) r,cs rm r'cwonn, p.ru tivelfiei rh.r Fad.- df[l—i[ liW bu!)[. M:vra Ilx;reru W'arcj r:d ¢'ea AITIM"num r7 TV THE COSlMCT nOM ME14 TS FOR TILE CfTY OF 5LRASI`1Ati Ilk TTdr- E.d..kr SMN W— C\Fe.ebn Srr&. f9Un Ih. Inrshhe fw p..Farwn on.oslo.n.Y. Imvbni 4 Xh, 18.hXrhka Mo.rd W ehvenl w We eaetvnKe Nrda. All nrr�a hax beer pron8d bNe hr0.oftle Qn'a knwiedFc DIla:-flf,27122- --- '--- Crsa- — wore arl RlnnulyleXle.__ u.r.•. hrvdSyrrer:l�vdjC Fih�n_ __- TESTED. PROVEN. TRUSTED. 106 20 F City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Coiiection Services Addendum #4 In{IF B aialtan eWm No.rmhrt 29,:[e2 rIn wm aT.r saz� E: aadae Imlxaez, REVISr.D ADDENDUM rd 7O THE 1:'OHl'R.iCT DOCUME." FOR THE CITY OFSEEASTIAM MOICCI4r Anp nOacarRl rf82]0'r - earlM. aePd wqh C�a 6erwm EAOrR: uie vrvm rrvrrse.�. t.1111®L:.e 9SY1dty F7m/+T)Psa '171.1d,.Q— 10� All hole XY6ka apntlLndeec 11t Ca+Y. u e wY Ge+c-.v. aMdl —4l doer m arna dda pnpnal b rWY n ,a Pw, ro a6ree.v do err1x:r..,a,s<r.m><,Pw+hYam�.pntln camee..m l.xrs.t..rew.QerYe an. I. vvpR.4a.v-eem lee a[ylnTna ma,..re alehnm gmgn vrrneor tr.abm E:M9 1. Krtl�tntVlTry[11nL I:nw Y11,f[p�em oa'r[edr OprTngln urz dtv. and rnnnrq.Yr aei C'a mabrbfl whrl an Lba,tlan reernuwmnlM pa,l rd bi f[CYr1inL Fe.r m nshlenrs pa'I M thir wMxi II IdS1bIGLE,[ Col:nrrtrawaw. i Ilew nramr,trmw,mNmntananaho-: ra,r trar, pl.tr.+M T,ytrrrg aro) A: rYY re,baae doe net Yftlrtlr rrr.da 4, aoP Or bo,bh,sn:,rMlabn wGkemM3ered ppen market rm,krrh err rpr•rmmi k'rla CRt b rw larhdle. rvEsR rvearlarn nr nmdwlnn tb,v,1! k rn .oen mErkal. 10. RMFEP ADMOUM 04 TO TOR COY ACT POcumwrs FOR THE CITY Or 6ERAGnAM rnaircr �E AYE Mlff@EA R! 1r-0i-r.+wln 6rPd Wuv Collortlw LnYc 9. Plrau drapba what h alert dbr both S"=iIpdmand Unlnraal WIJ,m-w PMy bpi wnh fmi,srla! 0Ptina7 1fmr d— OIyA:ndrr rr * rJ. Nm.m aelntiv[, dd'nrR.nry L ,annN�ape7 Pg. 71 d KFP maadon hub MMM for wllwbtl . opdm only. A: TYr t7,r Yu m crab an w1Ylwwl .rrtY me e1 eoUdr[er eareRNn M waFw, , If ML Gry rMvld ehm§ ,mtivaol. [)k Clty wedd r,ad eN rhr Ent hrval,r.IWa frmn Itrmieme hmlar. wdnUm delivo,wxe� a W Yrwletbn. 6. Ne dropoa budans balrvl rtlllr[tl lvr anenavr;tl) ane.,h:.eTmrrr rrntan>reln,Ir reref .nd of vs ... n.,w merwan E.r.e,q .�Ir sue. 1. Plrnrc tleav,be MW merry, ryp[ and ,Ixer of mmmeWal arc aW ruelneri Ihrrr aT In the MI. aN ft v, dw N arMu. Pi.. h,r U nrw ha drpirer i ?.-6, n are M:dt4 D-Itw. A Inrunrdoa nam Hhln. L em[n.nvrdddP.ra[-, TSIK mlwar ar�a)r.�r wx.runkr) A:aesra+dl[arl.an nwtl a; sn»�as. ar4 rav lot w wwa[r unllPa�.r.enn>+hr.ta. 9_ 9drywrE [Iln'vu one r+atl dEt rrmireni A:Onr !Il Trrten w rr,raretl. PYa,r are Addenerm A.y,antlen 16 ]0 Mar.hise kea:prcebutl MrmN h�ule•N9i of ¢pecri �u Poene rw Maendrm ln.wndon u. 11. REP- PL 16. a,Wr zww�G r�'PrdR Me a,)m .�,[ �m:rrrt; drc, d,3, rnmber lapludr munlfa,nrle, ruN.trro�pK mmmercidi dn,as a Inc oa,.n, Peddenbrlewae cnumP ■. Mo, Iva nrlaa,P[I. h11r,wW nrld.at4i hanr,a nt 6 rmoTEimrbaF 31.9Py.f• REME13 APPEMPUM 04 TO THE COMTRACr PUCUMENTS FOR THE CITY OF SEHA5TIAN rnrc,1,=P Ynmi.lr,v n1,FabCN: rrz 7ur- r. '-_'_ - Ibtll w.n Crfrrdv. pe,IT. E4. whne arc wNm rmd, ad ern Mingeabrn for dttmap J0. In erect la e,lahlth ttl[ brP pO,rlbh nu, hhenlol6av wl M rn[p<a, • FragW[FN1l pfM[proMtlr NeEP6meMaaraum HMea Tm4:m0. ptr mO,RM1 • Nrrrnl nadeubl and tomrwrtYl ralo and YP V martlM of lor.:;e; prr rrweehl Prr mbnlh. [onrnrrcm pfsird-per auhlr P.rdi A: E[rw aw Nmdwd EaWHI •I4'. TYb blhr W 1 we [an mwY•. 11. OOb t}s Cry nr Cnn:da b..r tk rlty" d1ap0Y' Iv:raprt cn fie Io. rrad—I W-Vd rtrrtJa' wuui 1. 1Me fErnM1 ha. rrn dNr hue tMyrw J. nadth wau.hr• ReJd.nrw ..•�.� wreafnanM lA mm wr oar. 71 9ue ee er. tan Crwendd Rac,dlnr la ati eev mtr4N aver W,larvtld R.n•,W¢ am Caron ma u LIffi�11 rmpasrrwf II dr.Nop a rpnnllWl T(ydMp p,rrr.m tar mmnenht Nad64shnema rb h.wr:ee,les. and wrrn>h Is m er M rarup[r fd� dwbFtan0.`, PmpDel+.Pl WM d wo r Prarwotrerr• mnwv: n rrr:0,r.d• 6.:.nu.v. L—d WKN. elr at, v1 3Matirn m N(yJ[. Thf pruaetbrul [amprlpn andl ba mprabana wIM ""Manar[r Ito pmm aml p %gn wilt b[ pro—W rhmMN lean In ImnYH 10 N m um dal gntamen, pbe —in—, m Oty 0—i meet Co rebpt[ antl pryl , aM ml- s The Nss ,Ivr[ f11 momM pl --w Tgmry .. bR [nhw4 0.,ii a 11r mmm•Tla rvaxmtt prwWeE,he c,amr,nr dge w dud,ythe mmr:w ,nmrylgn A3�,garudyygMryptnlCpvrel.lae,r NrN rin. Irr,raal•gLg, ��ro, a1pa��N[al[ rpnapR'mNa Yin. o! itrlda —--- 0..npa$WIN r Try TESTED. PROVEN. 107 -02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services II ! v A ` I. • av 1 Y.a . R[N . al [ a.!! [ a[w . .rl A 1 N W Ci4T.M 1 [A.I cs+M 1 1 I[p 10r G.k.w+Os!'.Ih fk... Iww3 >A Wp... 1 1 X 1W.s l.rvfiBwY.l. R.1C il.ls..d.. wl2�r.rr. R II [ O v k• c Y �IIYv1rMNik1UP[I! rnl.w......l.... A lo.:li OYIk.M ....I.. •w. [Yw�.w.v til ..IV O.wlw.ti..v �4r1w...M IYk« Ilw, YMwWafrIW�AG'llNlnrk.wl.rlu I.iN u ..w.aw.l..r..N.v.�.r...Y.l�. 11TO1Yi .kM M. [.yrYllr.i C1f 41ew.®•Ilek.11.�� .`. dxl.:blT R P-�. z.tL ..la/..a ww Isn � IIY.wa fY w ...w........ ... vN.. �..... k.Yw Iw 1• .Ya r.rr.o � 1 r Y/xlwl w • .... .Iv ..Ywl r.l..I.... w I .fv. N.p.•.l R TESTED. PROVEN. 108 20 2 [ TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addendum #5 ,asahn sew ff711RMAW r1a+a sY NILth eNAeD Cacwnbrr, 2. 2m ADDETID198 /6 TO THE CONTRACT DOCtIMTNT9 FOR THE CITY OF SEBASTIAN PRO=T NAME AND NUMBER: ITS 2247-EWwM Sdtd Wpm Collw 7ld n Swr kw FROM: Don Wimp Cdy of Satan., 1225 Man Sb e Seb.K:at H.1da 3ZMM M-33h223, dwh -pa ty.katw A arp TO: AN Pere.. Noldnp Spwff tftl s: TM CRi. K b .a. dwrvbM. 0%9 r.attlii ad rWft to wma mN pppbw in ix* ur m pan to MK 11.r✓ d Calf bu ho- c th trori-M itwok and resporwve bdhf, red Is in dw beet irderesl cf m City I. Q: W'jlel 11 ehC.aual } M W WFt7 A: 1L944 ih boss., QTr wTTnt w.Irtar k SaMcrbtlae ud trrrettly A 1pd orxdr wbudhe ro �raeckA-f<Mu4 YlhAnd 11:o b r�-�IL,r-.Ir wt w stnwrinboa rhea u wocid br kvw,s soar .seek a.h,t0,e , rwr ttr t Ird t„wnwat •rm the cold e.e.har d hceem 1 Q: Caa um use tM sam ey�il.rrn� ra pick-W yvd tote mnA gr.Mye' A: SYe arv'f eoiaa to diruly r6.t roe are. mr mrT.ee ern.adaa h avin-Toad but it h ra to 16c ERRlsad�l.f�.wyFf�ar`�'L121L[T L*R9lF4Aiamrot lker wool to eu fe ekY•uu d.brn and usrhtm Jwt }(/Q,fAy1/ jF (Tjt�1Fy beer m br rvm khd and w i r h­ mt oat hn t. be -11o&cd. Our ell Were w you.1116." to Tw fk uambrr oat. TO THE CONTRACT DOCVMBfT3 FOR THE CITY OF SEBASTIAN 170 32-07 - Eselueiw SeAd 3Ya.m CeYelbn S.n 5. Q: On Addmduel n it aid we ...,'t bid an aitanKe Lid. My bwkup greaim do we I- w bid .braiption and uaivoaal7 A: t4'h.� bk1 m t6.®a� Ir m Aw't bid both we don't kaaw be. w rordere rorr ilfsl Io ..o n riot b w crLNi .ad tehersaL qFl Rom' �'`' }tJ!e wt to big 00 wme,kial btth wll€bt■ cbtSms•e for n la n�nrohr afMr6Wc b. Q: h. yaw v:tenl etreama duct ua, aem w m i¢ Addeid- C yw had N-al O.1 4 ft e wquirv. ;, A: 1+i4t.Te1 G, by brtn rem.cad f {br mpl rails! mtrad. 7. Q; U y.. don't have a house teat i, ib- ary wry +ve m RM idf-teen im iT ddot tht Fouud Toe FvcO Ale that wputr a Ttimehix Pm- midmlDl amt ox.mcltial7 - an Ibe earobtval bear revauq? W. _Y df6mlt fm m z 8 t a r tans ==A a Immer ma -=d b- if A: I we hive d.a't ro idkes whet the cgumcecid h.rc is a canmvccml rrrrarss. rw b-, it', acid is .Facet Ism pd w tr. and Wrulaee aP eh.t wend dmar h. iiewmk: h2=ff. wr n. awHde m pet o7 halms hem, thas wx ken ud rva Wald wry m Mal u:L li0e. Yq ksov )hat kaleffw r/ 1� Y q O a rcmidta lam 1. P elf- bailai . nrndnrs .s t6r amrird .. � ••. �• �a J. Q:1. Adda:dme 3. Q-oim 10 itmidc zaciw -i=i, dx Cry w oWdtemnto Iaa wed A=Y4.bIt>l afC.aRe Cn3ss h.fldlm im'l.,d 2a a�r,k 1[[YIS AQt/51(]IAh.DJI Afedrl2L liars A wcrh drneedle I doss Ihr aotvMN...d Mxe of the 5.adivm. 9. Q: Dare th cuttmt heula bay for mmmaeaF rni-7 A: Y-b. - k..im har for both rid-fid -a am-wt Ktr.IS 1. 10. Q: For tm-payruad of wamaviel xr im. do tcy'reech out x tk City end lair,[ hdF becwnc dlt 000metedl ptapa,y hu bot paid f sm%imll Doe, cede ouu r and help hoarse they oe odrr yam wdil iti=? A• 11. r 1h do- - hrstnter_ I I. Q-1 b the Carron W Rau Off for g.Tfayp'MS W -Chow: to Lb. fi-biW? A: Y_ 3. Q; EEU you hire any ids. w "' your roan- fnrwsti h 'in6 h, h .' 17 Q: h the C..-, iel Roll OIT fm ClD odtdiw w dis &mehitc7 A: Tie Rredk7N trwdt b tY. sad a's hued a. 6-RS losm� 1 Ihlak wr harm LIDO v.M.e i�-!!-!! A: Mrnitf0.1 %, d Wmtt would he -Usl •t Meteor h'm m L. hwl aIld ,.me b-1 CT, dam, 1llAr MALT 7dIRAr p.nalh. hddae Watt sad Ihr CNv h waykl.. p • 4eee 20d0 aerc W mil oftkh cogg3tEL a.gFeyf49�4RIJik 4A3 i°_.ili.T�in ya ctwe ua't .r.dkl what will hao.e., ail truce. 13. Q: Dsx. dr: pegµrxe tare a bid ar dl uptiws m the RFP'f a. Q: h Ihae arty idea al,- emnmerrul W uo,. voltdocr• and gvadlilkv? Anyzhiag shout eon-i.l A: I1hh vnwr rL.itn F.tel.ind I. auaN.o shave veT-7 A: Na net at lhh ximr. ehk inrnrmmdon 6.'LL1T thil Ir to o.. 16. Q: Whet it tb,-S.p Mp-m .of growth far the ass firs y-7 A: F.mt.InM In -ti.r 3. throe AmEND1Y1 d0 P.gc I of 3 P.F 1 of 3 AppEn ACCOMpDM tb TO THE CONTRACT pOENTS FOR THE C" OF BESAS . ITS 12-07- Each*Nw 9al0 WWo Coll dVa gables 15. Q: Cw qrt riry deitamt.e wtl.t twr -fa. frsnehime fee.- for Commercial bta1-7 A: Nanl.iad k aue.Hw 7 sheer, I S. Q: lf.5d w ne rally aconreinoa are-A.l ire m du h ..hi. sgt-t, will the itypovid. rhea !peed.. and --? A. fekrm.Sou. nd bibla It- krna mim a o ti 11 and 12 shave Lib tafonuatim 17. Q: will the city consider other rantdi- rm dw molar -tpac ? A: Nov IS. Q- P,.'nhca.iruuirm wtr<sc dw my oly Fwvidm p^LL paymrni .he:. ]v fio .' A. 7M []h k rmremrh 4fr. hpwe+et. Yftie hark. orekeeT -.1, end Tads to t of Ike .aslard wah a.avtiml aarmeal men br fmdrfud h_m h laoora rbnaid the Gin, fkd nhtno) mUtedna. 19_ Q: R%. duct ply garC +bt aPban ooaclmd rbe curs® maamn q dbw fa plc time far Ihr rx.. h.W to gec medcl? ldy 1. 2023,'N..ban Ti.A- duc to a%*y tlra L- A: U lg 1 6trJlh 20, Q: De sM Lv b Fnnohue A,goo-ol k =W as ptge 26. do vre tree b iud: k I origow ao16 wWi .. lne jm1 do da origml DrA Fr xhm Ape>mea17 A � 7 ri IILLI _and nlnw Inrlodr rye fll Herlrseit PEW cm. m Compeer[ dbk ICD1 or fkrh K narremrntiml. Ykua find .Ib�td u'DWL '1^ of the nerve ill Cin avn- -t end ok,.. sec Uc Rficeh.d bgtitM liavaca. cme I710bf22- (:Dtpeny N.m._ IAdwM Maflea.mRRfrIC dFlatrb Prnitw, Sp:mlurs� [Mr6hl. hivTan 11 TESTED. 109 PROVEN. 0Aa TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services rhis page intentionady lest hlGi,k. TESTED. PROVEN. 110 ' 2W62 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Addendum #6 r�►sruw Atlni,Y..Yv. wr1... trrreA.w.r SaGlya., R LIISI Now[ Or rexAM MAW 17771=04= Daermbee 8. 522 AODL-NOUT FO 70 THE CONTRACT OOCUM ENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUAegER: frB 22-07 - E. kmj . Solid Warie Cdecb,, S—cob FROM: OWN— CXY or Seb0010n 1225 MaN S.reel Sebalbn, Force 32M 772--W-5231 dwbiora.vek.b.way.o'j TO: All PWU.v HddrrR Spwf llcmdi w: The Gt,. M M Idle Oaurdw. YIw1 l—ii a. rghn 10.W Wd DiM PMVMI ,A w or n F.rt M ,Mmm.r o OM Gt, b o—II n Tr rrnrt Mu-altill *M MPWWha bWde, Eld Y FM tW ba1 VWr.rl d dw City. I. Q: MAddvwh, *1. Que.eoa.ie• the elty d od,'Rer Off mmRrrwm dlmpKm will be rrmavd', .rup,a„xmwr popcalf.rm. sI,K�Msx:e�b.ea raD aRaI®p:I�ere PL, �rt>li. n>u�:�. trill t„v Lm th®.n il,c p r-1(arn7 A: Plrau we an.cb d. 2- Q: Will the City k—d.r-g.—ucd Fr.,.W Tom ("11) rmlhcrolW..ieF a Canlmcciel Ro!lOC'Caatamuc-Rdmavel yud. The CStylucdilradyfemP.nddotdr adda.ItdD'c IMr I vend -,ill be tecawd 6om dw f . daw hR dM rpl elui' if tfia pn>f wl fr. Quad b. Iry iaod. h Or C.emae+d.l RAD O[TCmL — C C u.lwa.idl 17—t .A t, The Oty h-1—dy rM—de3 iA 1he ldde.dmrw lkw I yrd in he rnmrd fo— the Ne. d—_ bw did mt dIo*j Rlt p qaM farm would be vpdred. c. For both Ihr 1'.mmneW R4 Off Coataul— Ad Cmomeelal Cm,yuc . uwud of Lhe rRsq.mcy A Ea1n PidupY the or oa 1he p.pace) fora, m'id .1 A— a.1— be rcrtemd K;Ih *, •9v 1wr', la 11w:e Lo , Ai affi od wan.cl.re w dwrg.d iR (be nureM m, ,l a<rd err .11—d m the a.ored M g d Will the CYiy add ` wdediidl Carl Odivwy A Rmr 1 Clwgc foe Slop 5errice & Addhi-A G.f' a is idka.d L. th1 oa 1 mnbev pr 6.1 +h.V e. will lbr Chy.dd -Lm: C.rcar 'C-Aoalcr Ab— Ct1'c'^ u u rrtlaad m the -1 prroag lhal! A: Fleur aer .rdaried. PWIof1 YRRI'f M. MRYT RYr KM 3247, RTCL90IY1 cklR wX IWLID W'A5t'Y. Iva,3C AIt 11—A w..hn, —d I. All rre,wu gfrb, 11op-1 Yarm.Y%NLi er wM..rfely n rd.pvr a•+e rya/ Wq-...k"end U.olr. Wkorka, nfa l.rnken•„KMn. M111YNTI AI. I MVICT_ CATEGORY I Oe,rrlgb,. •18•I.y eel IfaeeeYYd[ YN.�ur t 7MY Mxtab Mrr 1 •A'll.w •h' I 01R10[TilriiDN'ItGroOAL A• ro• 10.a7a —.r.- ._ __ , • R,M Wz.,r C.n➢s.in,2y.gy If • r.d wwlr. r.Y �..Ir.+Y� Amawwd n,.Cag MdY w.Kr, wmre O.ad.. ' lMirAm fw Aal. h.1Y il, — I�. .ru RFjmFSR1.51 SERY1Cii CAT61M1a1'2 Ew q]enlm Yal ReaerYaidi Ne.Olrrn—_.TUYtAU W. s» l Dt�seL fe,aoo — I • w'1•K CaRrc�c i— k yw • tern w.aed CY w.e. ir+arrY .>tnemene ' • On+d.D Belwm.Wile Gaam [olYdmFr Hwvrdad IwSeea mt.erevloou nanm Yk]iRa_HIAAI.YgtVN.'F. I:f TFC,fIIIY lbvWarSenYr ant 11.,.,ueWR Ide.WYFY. Terl3mrmy lee _ - _•—. R' ILYRTIIrwr.TR1YMfAr. • dCdlKeen Bawl CDA , • Yed w— wwMi CY 31u 1_,. _.. yo Aal. d • Oe-6D b,dtwrw, wlre6,..i1 CoOMio.4 H A W pdW MY.cp:artimw Ra A ew .S S ACOBOIir Ib TO THE COMRACT DOCUMMM FCII THE CITY OF sep-As tAK PRIMACT MINE AND WNISI R: no 047- ewl.fw tabs W..r C.U=a= &,,.I r 3. Q: Peyrof Iola -wind w the dppkg raidmRll rrd ma®nar!. solid weelr yud w>s �drllryRiFa�7 A: 7ll.tf �� pp Iballihuh�wal rrA. R Y Oro C.oGah tR.IwitMMM iR Iel...w1.FC. ♦ M Ol. plrbid. h 1110a1.ty b es bsd mlrc,wt mbccS4L R as s410tl a fa'r,D•PY mA bid hmv i' y IY.11l A. The bid doewrmft rimmilry aMhVSVW l,,fogW, earl -A it C (e 1K.e A nw* M 4. M ATTACIIIIIIIIINT: I&M-d hopae) r—OL.yc D.Yw D..,,b r It M Caanpry ilOr,R WrAJdwruRV YIt:d F�iWa WdW, Slpgi.K i7 r h.ewrd slprapl.c d7rau �. M.swn Iq3 vf2 RMKXC 7IALSEXYICT CATBXUtV4 t1w,a{rDae er.rr•Im rdliaw.Yddr OIwW7Ym YetA 'A' Ida •B' CVIV[Aelt_1ROM.1. loom • 3Wd W.Kc Ca—lv—k • Y.d wne d CY M. I—ol, • cx.ceh Molk w.,x, w3�aooar, A,wod conrm,.,„m. I i NaaeM4E PvY11Y M IA.TI-DWU.UKK SM VICE 1etr(6).rar.m,dR)-CATTIGMYI p�rrspm.. ofe».ic«— aefR7e.lrcMdc x1a.eYyr» 1 TeWMrgA7 Y� l 1 'A•�'a' •a• 1I a11iscgiriwl INi11VtnA1 To.= • Mlw wren Cailttlo Ue k • Y.d WwK IZMcoY • rAKw awY w.:, wuR coos, I Is uul.u.nWtl.ia+G sgavlcF Iw [63wan<,4,.1-cATTcaRr7 DunlYlka of Ser.lm Ma[IlennWar .SAttd7ry taw Fls .A. .a. .A.aar,. do—a, St1RSLXIrnDV PXO.nawr IOAU Sotd wm cauwaar I.....Y • Yod w.ae l•.wY • amccCB,dY._ a'...._.nr arr.a _ i --- ��_- - UULI7i MA140(w(eln Haar —)-CAT XIRY3 DexrlpMrr bn+kw fNA�rwlYN Mewelr sn Twd M-,W'F,• 'A' Umm'R' ,A• �_ 11w1TAFwr IRDVRi AI. IO il.R ` Sid Ywd Ira , Nus1. 1,1-1 ]✓ark • CP-O.RBaiY W.rgwl.I.Gn.eh �S I TESTED. PROVEN. TRUSTED. ill City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services ldli sr.vreeioai e� lel d'-d. ertrt-UTtt0v1lY c c4,ar�rrrs.l CamP.rrar Per Pull x.ee (ctr (6) t. ttr Oft) x•ttm•r � Rr�u ser. •A' •�• _- __IGLOO . _C►rr�_ S;ClvtxuL�gwo61tL 7/D ^"� srmw.�caoemmlv.�t � • tMcvn+rw..r.w`cr„ra.. s s ' sY ra r,—dd Poo off Cm.%—(bLd dn—mbe M. d.,V) -- - - _ Per ra 1 F}mtEnd l.wrdrr Dvmprtcr [l�rla0.n roauturr 4+.lre cerr�l TP i �r im _ _— Ca" 6RaBs li.rrin(laclndn mnt.tnn—dw elegy) _ sm e i a 3 6 I c- �rd.tCurUmvrr n�mrum sy�. cc,.ou,y. TESTED. PROVEN. 112 21 "' TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Proposer's Disclosure Form Exclusive Curbside Solid Waste Services RFP a 22-67 PROPOSVR'S DISCLOSURE FORM The undersigned testifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Waste Manattcmcnt Inc. of Florida Address: 180 N. Military Trail. Suite 201 Roca Raton. FI. 33431 Contact Person: David M. Mvhan Title: President Phone NO.: (954) 984-2033 Email Address: dmchan'Uwrn com Federal Identification No,: 59-1094518 This Business is: O An Individual ( } A Partnership ()o A Corporation Proposer's License No., lrnanllcer6le: 'Attach certificate of status, competency, andlor state registration (1) Has your firm or any of its Officers, received a reprimand of any nature or been suspended by the Department or Professional Regulations or an), other re ulatory agency or professlonal association within the inst eight (8) years? YES ❑ No (2) Has your firrr> or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides In the regular course of business within the last eight (8) ),cars? YES ❑ NO O If so hots many? (3) Has your firm had against It, or tiled any request for, equitable adjustment, contract claims, proposal Protest, or litigation in the past eight 8) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim. hugauon, or protest, and state a brief description of the case, the outcome or status of the suit and the monelary amounts or extended contract time involved See attachment (5) Describe each affiliation or business relationship with an employee, board member, elected official(5) or an Immediate family member of any such person of the City of Sebastian. if none, write NONE. NONE (6) Describe ANY other tfflllatlon or business relationship that may cause a conflict of interest. 11' none, write NONE. NONE Page 39 of 42 TESTED. A PROVEN. 113 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Exclusive Cuftide Solid Waste Serwes AFP # 22 07 rssssrsssssssssss+sss•s++rsssesassssassssss.•sssisss••ur+ss+ss+rs+s s+rrrr+ssssssrssrssasrss• 1 hereby certify that all statements made are true and l agree and understand thin any misstatentenr or misn reservation or falsification of farts shall be cause for forfeiture of rights for further consideration of this pia al for r Ci y ofSebosdan c ttinyemher t S, 7021 goature Title Date ba+id M. Mvhan Failure to fully complete. sign and submit this Disclosure may result In reiectlon of the provDsal END OF PROPOSUR'S DISCLOSURE FORM Page 30 of 42 TESTED. PROVEN. 114 21 IM- TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Coilec#ion Services Litigation Summary Preliminary Statement: Waste Management Inc. of Florida ("WMIF") has operating divisions throughout the State of Florida serving thousands of commercial customers and many governmental entities. Accordingly, there has been litigation to interpret or enforce the Company's solid waste service agreements between WMIF and its private customers, most of which has been settled amicably. The vast majority of this litigation relates to collection of amounts due pursuant to such agreements. Other litigation generally concerns motor vehicle accidents, workers' compensation, and employment issues; those are not listed here. The following is a list of material matters related to solid waste services. 1) Becton v. Collecto. Inc. and Waste Management Inc. of Florida —Case No. CACE-16-021102, 171h Judicial Circuit, Broward County, Florida. Plaintiff alleged collection efforts violated consumer laws and that the debt was improper. Claim was in excess of $15,000. Matter settled. 2) Rebalko v. Waste Management Inc. of Florida — Case No. CONO-15-008856, County Court 171h Judicial Circuit, Broward County — Plaintiff claimed breach of contract, damage to swale and personal property during bulk service; sought damages and injunctive relief. Matter settled. 3) Bergeron Environmental and Recvclina LLC v. LGL Recvclina. LLC. Waste Manaaement Inc. of Florida. et. al — Case No. 16-000158(07), 17th Judicial Circuit, Broward County, Complex Business Division — This litigation was the result of an acquisition of assets by WMIF from LGL. Plaintiff alleged that the transaction required plaintiffs consent which was not obtained. Plaintiff sought damages and other relief. The Court found in favor of WM, and the matter is currently on appeal. 4) Southern Waste Svstems. LLC. n/kla LGL Svstems LLC. et. al v. Waste Management Inc. of Florida — Case No. 17-002422, 17'h Judicial Circuit, Broward County, Complex Business Division — This is a companion case to the matter above. This matter concerns a demand for indemnification by WMIF to the seller of the assets and the seller's claim that the indemnity it provided is inapplicable and seller's demand for return of escrow monies. Matter is on appeal. 5) Carlos Parra v Waste Manaaement. Inc. of Florida-- Case No. 2018-019-866-CA-01, Miami Dade County Circuit Court, Florida. Employee of WMIF customer alleges injury resulting from WMIF employee rolling container to truck and striking the customer's employee. Matter settled. 6) Tvris Hampton v. Mark Birkins and Waste Management, Inc. of Florida -- Case No. 2017006462- CA-01, Judicial Circuit in and for Miami -Dade County, FL. Temporary worker, after exiting truck, fell and then truck backed over his leg. Matter settled 7) Timothv A. Paszko v. Tracv Lvnn Naberoall & Waste Manaaement, Inc. of Florida - Case No. 2020- CA-001 1 14-NC, Judicial Circuit of the Twelfth Judicial Circuit in and for Sarasota County, Florida, Civil Division. Truck traveling on road struck the rear end of a three -wheel bicycle causing damage/injury. Matter settled. 8) Guastavo Godov v. Waste Manaoement Inc. of Florida — Case No. 2020CA2943, Judicial Circuit of the Twelfth Judicial Circuit in and for Sarasota County, Florida. While servicing customer's container, customer alleges he was struck in the arm. Matter settled. 9) McClary v. Waste Manaaement Inc. of Florida, Case No. 16 2021 CA 001802 XXXX MA, Fourth Judicial Circuit, Duval County. Complaint by resident regarding noise in early morning collections. Matter settled. TESTED. 115 PROVEN. 02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services 10) Railside, LLC v. Waste Manaaement Inc. of Florida. et al., Case No. 2019CA001972, Nineteenth Judicial Circuit, St. Lucie County. Complaint alleged strict liability, etc, seeking damages and equitable relief. Matter settled. 11) Miranda v. Waste Management Inc. of Florida, US District Court for Southern District of Florida, Miami Division, Case No. 20-23257-civ-Scola -- This litigation resulted from alleged offsite odors from WMIF's landfill. Matter settled. TESTED. UU PROVEN. i16 TRUSTED. 21 of 2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services E-Verify Acknowledgement EeduHve Curlmide Soled Waste Services RFP 0 22.07 E-VERIFY ACKNOWi ,EDGMENT Effective January 1, 2021, public and private employers, conmiclors and subcontraciars will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: jutp:':wwwtdhs.+tov E Verifv. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange far salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub - Consultant). VendoriConsuliantlContractor acknowledges and agrees to utilirr the U.S. Department or Homeland Security's E- Verify System to verify the employment eligibility of. ■ All persons employed by Vendor,Consultant/Contractor during the term of the contract, (including assigned sub-vendors?sub-consultantsfsub contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City. the Vendor Conrr•ocinr Consultant becomes obligated to comply frith the provisions of Section 2. Section 448 095. Fla Star. "Emploi menr Eligibility." as amended from time to time. This inchrdes. hur is not limited to. milization of the E- t-erif , System to verify the work authorisation stains of all newly hired employees. and requiring all subcontractors to provide an affidavit attesting that the subcontractor does nor employ, contract ii ith, or subconiracr with an unauthorized often The contractor shall maintain a cap), of such gfflifavit for the duration of the contract Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly riolates the srattite, the subcontract mast be terminated ininrediately. Any challenge to termination under this prorision must be filed in the Circnir Court of lndian Riser County, Florida no later than 20 calendar days after• the date of termination ff the resulting contract is rernilnated for a violation of the srarme by the Contractor, the Contractor may not be mrarded a public contract for a period of ! year after the dote of termination, i hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System daring the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Waste Management Inc. of Florida Authorized Name: vid M. MYh _ ._ ._- Title: President r Signature: Date: Nave,hrr, 15. 20» .................•.......r.a......ww.w...............a.............................a..... Stole of Florida County of Palm Beach This instrument was acknowledged before me on ta,,..,_ ,—_tiar 11 » (Oslo) COLEEN T. HOL LMN MY COMMISSION I HH 0040K a_ EXPIRES: Aust 2, 2024 -'•;rwi•9"•'. pugonEpQAwuNda[4Poai{I,tnEerwrlt■rs Notary Public Signature Failure to fully complete. sign and submit this Affidavit msv resalt In relection of the proposal Page 40 of 42 TESTED.Im PROVEN. 117 02 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This, r,; cue inientlona!iy leii bl3!lK. TESTED. PROVEN. 118 21"of TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Notifications Affidavit Emk*Pm Cu tida so0d wade Services RFP a 22-07 NOTIFICATIONS AFFIDAVIT I, David M. Mvhan _ _ _ President (Print Authorized Name) (Title) of Waste Management Inc. of Florida _ (Company Name) Affirm that I read and understand, as well as accept all requirements and regulations listed on pages 10 — 12 in the above referenced solicitation document to include the following notifications: Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension + rt nized Vendor r Signature: dlykp--- Date: November 15.2022 wxrrwwrrrrrxrrxrwrrrrrrxrwrrrrwrrxrrrxrrwxwxxxrxxrxxrxwrwrrrr►rrrrrrrrrrrrwrrrrr►r.rrrrr •soar State of Florida County of Palm Beach The foregoing Affidavit was acknowledged before me on wn.e,„her f i, 7n77 (DATE). ENTH .: .: tAYGt�IaN�`ill Notary Public Signature EXP IRES:Augost2,2o21 Failure to fully comvletc slam and submit this Affidavit may result in refection of the croposai Page at of 42 TESTED.IM PROVEN. 119 302 TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services T his u&ge in1eniion-3111: i9f! b;ar,k TESTED. PROVEN. 120 TRUSTED. 2W62 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Subcontractors Listing Form aclustve Curbside Solid Waste Services RFP i 22-07 SUB -CONTRACTORS LISTING FORM Bidder's Name: Waste Management Inc. of Florida Phone Itt (954) 984-2035 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION [TO Title: SERVICES RFP N: 22-07 NOTE. List all subcontractors you invited to bid on this project, whether they were selected or not. If subcontractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets i f necessary. The City reserves the right to reject any bid if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor m order to make a determination as to the foregoing. Company Work To Be Contact Telephone Name Performed Person Number 1. MA 2. 3. 4. S. 6. F01 affirm that Subcontractors will not be used to complete the project under this agreement. . Print Preparer's Namc: David M. ink han I _ Title: President C Signature: 11 Date: Nnvemh r 15 21177 Failure to fultw complete. sit n and submit this form maw result In reiection of the Bid. I7' ` r + 7�TsI131Y.CeI`t [7 Page 42 of 42 TESTED. 121 PROVEN. 302 = TRUSTED. City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services T! is ,:SC? intentionally !ef, blan', TESTED. Im PROVEN. 122 22 0 TRUSTED.2 City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services Business Tax Receipt 2022 - 2023 LOCAL BUSINESS TAX INDIAN RIVER COUNTY, FLORIDA MUST BE DISPLAYED IN A CONSPICUOUS PLACE TYPE OF 293 SANITATION SERVICE ACCOUNT M 9947 BUSINESS RECEIFT0 29315573.000 BUSINESS 4310 77TH ST EXPIRES SEPTEMBEH 30, 2023 ADDRESS VERO BEACH, FL 32967 NAME WASTE MANAGEMENT INC OF FLORIDA MAILING WASTE MANAGEMENT INC OF FLORIDA ADDRESS 4310 77TH ST VERO DEACH,FL 32967 Paid 10/13/2022 44.OD 000-00D02397 Corporate Resolution NIA DRAFT Franchise Agreements AMOUNT 40.00 PENALTY 4.00 TRANSFER 0.00 TOTAL 44,00 7Ms receipt la In addition to and not in Imu of any other ik� regWlBd dy kw o, munldpal ordinenea and is subject to reguarWns of zoning, hesdfi and any otMr kwhd sultKdty. Owner onus: noN1y The Tax Collectors Office of any dwgps In business name, ownersNp, k=bon address errtiailmg address. CAROLE JEAN JORDAN, CFC TAX COLLECTOR INDIAN RIVER COUNTY, FLORIDA Bound in an accompanying document, WM has provided draft agreements for each scenario for your review. This file is also included as a Word document on the electronic copy. We respectfully request that you also refer to our existing, fully negotiated Franchise Agreement currently in place with the City. WM IF and WM of Indian River County, want to reiterate our commitment to you - that WM is prepared to meet the service expectations for your RFP. We look forward to continuing our community ties and our business relationship by implementing this proposal. We welcome the opportunity to discuss a mutually beneficial agreement with the City of Sebastian. TESTED. �oAI PROVEN. 123 TRUSTED, City of Sebastian Request For Proposal # 22-07 - Exclusive Curbside Solid Waste Collection Services This sage irite Mon ple,E t, .nk. TESTED. PROVEN. 124 22 0 ` TRUSTED. �m OF SE�T�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Approve Building Time Construction, LLC Design -Build proposal for a Guaranteed Maximum Price Work Services Agreement for the Building Department Office Improvements Recommendation: Staff recommends City Council approve Building Time Construction, LLC negotiated Work Services Agreement with a Guaranteed Maximum Price of $186,874.00 for the remodel of the existing front counter, installation of ballistic glass panels and create new office space. Background: On July 13, 2022, City Council approved the selection of Building Time Construction, LLC as the Design Build firm to be used in response to RFQ-22-06, Design -Build Building Department Office Improvements. Staff has approved the Design Build concept and plans for the Building Department front counter renovations that will provide accessible seating, ballistic glass panels with pass-thru openings, new office space and include carpet replacement for the entire Building Department and Growth Management work areas. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $116,000.00 Total Cost: $186,874.00 Funds to Be Utilized for Appropriation: Building Department Enterprise Fund Attachments: 1. Building Time Construction (BTC) Proposal 2. Building Time Construction (BTC) GMP Agreement 3. Special Conditions 4. Building Time Construction (BTC) RFQ Submittal Administrative Services Department City Attorney Review: Procurement Division Review, City Manager Authorization: Date: ,.s lwle : 3 224 of 302 BTqBUILDINEi `IME CON TRUCTIO LLC BUIUN%I12UCINGI:State Certified General Contractor License Number CGCA09534 . Jim Harris 772-532-4053 Email jimmyj232@comcast.net PROPOSAL February 9, 2023 Project: City of Sebastian 1225 Main Street Sebastian, FI 32958 Attention: Wayne Eseltine Building Official 772-589-5537 Office SCOPE OF WORK: Remodel Building Permit area and adjoining office per plan submitted by Building Time Construction LLC. • Remove existing workstations • Relocate workstations creating a larger waiting area • Install ballistic glass wall. o (3) 81" x 48" Fixed Panels (1) 48" x 48" Sliding Window (4) 16 W x 12 D x 2 H trays • Remove additional walls as needed and replace in new location per plan. • Move lighting, HVAC, Fire Sprinklers, and ceiling grid as needed. • Provide new Electric outlets as needed • Provide new LED 2 x 4 light fixtures replacing the existing 2 x 4 light fixtures • Provide 3575 sq ft Philadelphia Commercial- Hard News 24" x 24" with 4" cove base Tweed Color • Provide four intercom systems through Complete Hearing Solutions one for each station. Proposal Amount: One hundred & eighty-six thousand eight hundred and seventy-four dollars Thank you Jim Harris 772-532-4053 Building Time Construction LLC Mailing Address: P.O. Box 780412 Sebastian, FL 32978 Total $186.874.00 225 of 302 DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT RFQ 22-06: Design Build Building Department Office Improvements AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: I. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Building Time Construction (BTC), LLC (Design Builder). 2. Designated Contact Person as to Cam: Wavne Eseltine. Proiect Manager/Chief Buildine OfficialI225 Main Street. Sebastian. Florida 32958 Phone: 589-5539 E-Mail: weseltine(d— citvufsebastian.ore 3. Designated Contact Person as to Design Builder: Jim Harris. Owner Buildine Time Construction (BTC). LLC 674 Dot Circle Sebastian. Florida 32958 Phone:772-532-4053 E-Mail: iimmvi232Ca�comcast.net 4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work is a total of One Hundred Eighty One Thousand and Eight Hundred Seventy -Four dollars ($186,874.00). The Design Builder shall be entitled to no increase. This price is for the performance of the Work in accordance with the Agreement Documents listed in Section 6. 5. Project Time. The Design Builder shall achieve Substantial Completion of the Work and issue Certification of Occupancy no later than August 01, 2023. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document Exhibits. • Exhibit "A" — Building Time Construction (BTC) Proposal • Exhibit "B" - Building Time Construction (BTC) GMP Agreement • Exhibit "C" — Special Conditions • Exhibit "D" — Building Time Construction (BTC) RFQ Submittal Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP), Purchase !1 Order(s), Contract Amendments and Change Order(s). 7. Liquidated Damages. If the Design Builder fails to achieve Substantial Completion of the Work within the Contract Time listed above, the City shall be entitled to retain or recover, as liquidated damages and not as a penalty, the sum of $100.00 ver calendar day.. Liquidated Damages will be sought starting on the first day following expiration of the Contract and continuing until the actual date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the Design Builder under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Design Builder shall be payable to the City at the demand of the City, together with interest from the date of the demand at the maximum allowable rate. ! 8. City Funds. If sufficient funding is not available for the Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. 'ity or 5enasnan, rionaa T(B1'C:), LL'C"(faNIP) 226 of302 RFQ 22-06, Design Build Building Department Office Improvements Project Page 1 of 5 9. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. II. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. Design Builder Initiated Changes. If the Design Builder initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, Design Builder shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon thirty (30) days' written notice to Design Builder, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Design Builder. Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 14.I Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. an amount not less than: Commercial General • $1,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Liability Completed Operations; and Personal & Advertising Injury • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit Professional Liability an amount not less than: (Errors &Omissions) • $500,000 Each Occurrence, covering any damages caused by an error, omission or any negligent acts. an amount not less than: Automobile Liability • $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit In accordance with Florida Statutes 440, maintain worker's compensation insurance to Worker's the extent required by law for all their employees to be engaged in work under this Compensation contract. City of Sebastian, Florida / (BTC), LLC, (GMP) 227 of 302 RFQ 22-06, Design Build Building Department Office Improvements Project Page 2 of 5 15. Payments. 15.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15.2 Direct Purchases. The City reserves the right to make direct purchases of any materials and/or equipment included in the project. The City shall coordinate such purchases with the Design -Builder. To the extent requested by the City, the Design -Builder will be responsible for coordinating the delivery, safekeeping, protection, insuring (as to those items that will be installed by Design -Builder), 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, to the extent that any furnished and installed materials directly purchased by the City were included in the Design -Builders GMP, the GMP will be reduced by the amount included for each item. 15.3 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under die Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Design Builder's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.4 Progress Payments. 15.4.1 V Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Design Builder shall submit to City, for its review and approval: (1) A schedule of values based upon the GMT, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. 15.4.2 Monthly Applications for Payment. Design -Build Firm shall submit three (3) copies of each of its Applications for Payment to the City on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to the Design Builder indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Design Builder may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Design -Build Firm shall in no way imply approval or acceptance of Design - Build Finn's work. 15.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to Design Builder until final payment is due. Any interim interest on such sums shall accrue to City. City of Sebastian, Florida / (BTC), LLC, (GMP) 228 of 302 RFQ 22-06, Design Build Building Department Office Improvements Project Page 3 of 5 Due to circumstances beyond the Design Builder's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Design Builder upon receiving a certificate of completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 15.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Design Builder under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of. (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Design Builder to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (e) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at Design Builder's expense. City also may offset against any sums due Design Builder the amount of any liquidated or un- liquidated obligations of Design Builder to City, whether relating to or arising out of this Agreement. 15A.5 Final Payment. City shall make final payment to Design Builder within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. Design Builder's acceptance of final payment shall constitute a full waiver of any and all claims by Design Builder against City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of Design Builder's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Design Builder does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwiltiams@cityofsebastian.org; PHONE: 772-388-8215. 17. Indemnification: -The DESIGN BUILDER or its SUB -CONTRACTORS shall indemnify and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DESIGN BUILDER or its SUB -CONTRACTORS and other persons employed or utilized by the DESIGN BUILDER or its SUB -CONTRACTORS in the performance of the agreement; regardless of the negligence of the indemnity or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or City of Sebastian, Florida 1(BTC), LLC, (GMP) 229 of 302 RFQ 22-06, Design Build Building Department Office Improvements Project Page 4 of 5 willful, wanton or intentional misconduct of the indemnity or its officers, directors, agents or employees. Upon request of the CITY, the DESIGN BUILDER or its SUB -CONTRACTORS 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 DESIGN BUILDER OR ITS SUBCONTRACTORS 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. 18. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 19. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 20. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): THE CITY OF SEBASTIAN : ("City") BY: Jeanette Williams, MMC Paul E. Carlisle CITY CLERK CITY MANAGER BUILDING TIME CONSTRUCTION (BTC), LLC ("Design Builder") M. Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., Esq, CITY ATTORNEY Jim Hams, PRESIDENT City of Sebastian, Florida / (BTC), LLC, (GMP) 230 of 302 RFQ 22-06, Design Build Building Department Office Improvements Project Page 5 of 5 EXHIBIT C. SPECIAL TERMS AND CONDITIONS 1.1 General: Any increase to the work shall be performed only after execution of a written change order by the authorized Project Manager and a revised purchase order. The awarded Design-Builder/Contractor shall leave all work sites in a neat and orderly fashion at the end of each workday. The awarded Design-Builder/Contractor shall be responsible for the pick-up of all rubbish and/or debris. Rubbish and/or debris will not be deposited into the City's facilities refuse containers. At completion of work each day, the awarded Design-Builder/Contractor will remove all work materials, tools, construction equipment and machinery from the work site and will leave the City facility in ready to use condition. The City of Sebastian reserves the right to inspect all work prior to payment. The awarded Design- Builder/Contractor shall promptly correct all work rejected by an authorized City of Sebastian representative as defective. The awarded Design-Builder/Contractor shall bear all costs of correcting such rejected work. The awarded Design-Builder/Contractor shall at all times enforce strict discipline and good order among their employees, agents, and sub -contractors and will not employ anyone unskilled in the task assigned to them. The City of Sebastian sites are drug and alcohol free. The awarded Design-Builder/Contractor who performs contractual services on the premises must advise their personnel for compliance purposes. The awarded Design-Builder/Contractor will be responsible for the appearance of all working personnel assigned to the project at all times and their compliance with City's Policies and Rules. 1.2 Air Ouality: Appropriate air quality shall be maintained in each facility. As such, the awarded Design- Builder/Contractor must vacuum affected areas rather than sweeping. Ventilation as needed is to be arranged with the City of Sebastian designated Project Manager. Plastic sheeting shall be used to divide areas so dust, fumes, gasses, or volatile organic compounds etc., is maintained in the immediate work area. 1.3 Floor Prevaration/Reoairine: The awarded Contractor shall be responsible for preparation of the existing floor to meet manufacturer's installation requirements. Floor shall be clean and free of dust, oil, grease, laitance, loosely bonded topping, loose particles or any other deleterious substances and debris which may prevent or reduce adhesion. 1.4 Other Prevaration/Renair Work: The awarded Design-Builder/Contractor will be responsible for any other preparation or repair work that is required to complete the installation. 1.5 A minimum ten-(10) year warranty for flooring commencing on the date of completion. Completion shall be determined by the authorized City of Sebastian Project Manager. During the warranty period, the awarded Contractor must repair and/or replace product without cost to the City of Sebastian with the understanding that all replacements shall carry the same guarantee as the original product. The awarded Design-Builder/Contractor shall make any such repairs and/or replacements immediately upon receiving notice from City of Sebastian. 1 of 4 231 of 302 1.6 A lifetime warranty shall apply to any moisture mitigation system. The awarded Design-Builder/Contractor must repair and/or replace product without cost to the City of Sebastian with the understanding that all replacements shall carry the same guarantee as the original product. The awarded Design- Builder/Contractor shall make any such repairs and/or replacements immediately upon receiving notice by the City of Sebastian. 1.7 All bidders must include a written factory certification from the flooring manufacturer in their submittal. The written factory certification must state they are certified to install product(s) listed in the bid sheet submittal. Failure to include written factory certification from the flooring manufacturer may result in disqualification. 1.8 Service Requirements: Employees, agents, or sub -contractors of the awarded Design-Builder/Contractor must sign in at the Building Department main office and report to the Chief Building Official, or his/her designated individual on staff prior to commencing any work and must sign out at the front desk prior to leaving the Building Department. Due to the fact the design-builder/contractor will be entering a City building, the City requires performance times for goods and services. The contractor shall notify the City's project manager within 24 (twenty-four) hours if service requirements will not be met as specified in the Notice to Proceed. Performance/Work times are as follows: 8:00 A.M. Local Time to 4:30 P.M. Local Time. Mondav through Friday. The Buildine Department is oven to weekend and evenine installation times that will limit the amount of emplovees within the buildine at one time. 1.9 Onsite Safetv Reauirements: While performing services for the City of Sebastian, the awarded Design-Builder/Contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to negligence on the part of the awarded Design-Builder/Contractor, their employees or other agents. The awarded Design-Builder/Contractor agrees to repair, at its own expense, any damage that was caused by the awarded Design-Builder/Contractor, their employees or their agents. The Design-Builder/Contractor must not drive or park equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions on grassy areas, the Design-Builder/Contractor must contact the Project Manager for recommendations or workarounds prior to commencing the work. The Design-Builder/Contractor must show reasonable attempt, after notifying the Project Manager, to avoid damage to City property under all conditions. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the satisfaction of the Project Manager. The City shall incur no costs for damage repairs. 2 of 4 Any property damaged by the Design-Builder/Contractor or a representative during the services shall be repaired or replaced to the satisfaction of the Project Manager or City. The Design-Builder/Contractor understands that all services described in this solicitation document shall be coordinated with the Project Manager and performed with minimal disruption to the functions of the department and Project Manager. The Design-Builder/Contractor shall ensure that the performance of services shall not interfere with the department's services. All services shall meet safety requirements for the department personnel, pedestrian and vehicular traffic and shall be left clean and in an orderly manner. Adequate barricades shall be erected and maintained all around areas where equipment and materials are stored and used. 232 of 302 The Design-Builder/Contractor shall ensure there is adequate ventilation for the type of coating, cleaning materials, or chemicals used. This project within facilities that are occupied, necessary precautions are required and shall be made to ensure fumes, gasses, or volatile organic compounds used shall be low VOC so as not to spread throughout the facility through ventilation equipment. If necessary, the awarded contractor shall consult product labels for recommendations and shall follow all product recommendations. Low VOC shall mean a product with VOC < 11 G/L. 1.10 Protection of Worksite: The Design-Builder/Contractor must protect all existing and newly installed work, materials, equipment, improvements, utilities, sidewalks, patios, grass, structures, and vegetation during the execution of goods and services under this Agreement. Adequate barricades shall be erected and maintained around areas where equipment and materials are stored and used. Any Design-Builder/Contractor-damaged property shall be repaired or replaced to the satisfaction of the Project Manager or City. The Design-Builder/Contractor must report to the City's Project Manager any damage found to any work at the job site. The Design-Builder/Contractor shall be responsible for any loss or damage to its own materials, supplies and equipment, and to the personal property of its employees while they are maintained on the work site. A project shall not be completed until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the Project Manager or City. 1.11 Debris: It shall be the sole responsibility of the Design-Builder/Contractor to dispose of all construction debris at an authorized landfill and all incurred costs shall be bome by the Design-Builder/Contractor. Material cleared and disposed on adjacent or nearby property will not be considered as having been disposed of properly. The Design-Builder/Contractor shall keep the premises free of debris and unusable materials resulting from their work. As work progresses, or upon request by the Project Manager, the Design-Builder/Contractor shall remove such debris and materials from the property. The City dumpsters or recycling containers shall not be used. If the City's Project Manager determines Design-Builder/Contractor is using the City's dumpster, Design-Builder/Contractor shall incur pickup and dump fee. 1.12 Oversite/Ouality of Services: A City Project Manager will be assigned to oversee all assigned work (services) for adherence to schedules and service quality throughout the project's progression and submittal of final payment. The Project Manager will periodically inspect the work being performed to ensure compliance with the requirements of the Agreement. If the requirements are not satisfactorily being maintained, the City shall require the Contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost to the City. The Design-Builder/Contractor shall understand and agree to the following: 3 of 4 1) The Design-Builder/Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the Agreement; 2) The Design-Builder/Contractor shall be responsible for all scheduling, receiving, storage, and placement of all materials; 3) The Design-Builder/Contractor shall ensure that enough personnel, materials, means of transportation, and an adequate supply of tools and equipment to perform the services; 4) The Design-Builder/Contractor shall provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision -making authority, at all times; 233 of 302 5) All services including modifications of required services requires the Design-Builders/Contractor's written approval; 6) The Design-Builder/Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this Agreement; 7) The practice and materials utilized in the work within or adjacent to any structure must conform to all current Florida Building Codes in addition to any applicable local, state and federal regulations, codes and any City requirements. Design-Builder/Contractor shall abide by all State of Florida Statutes; and 8) The Design-Builder/Contractor shall assist the City in identifying the best repair considerations, determining materials, and the quantities thereof for each project and obtain approval form the City's Project Manager. 9) The City will remove all breakables, sensitive equipment, and disconnect and reconnect electronic equipment. 10) The Design-Builder/Contractor shall be required to use a Utility Knife or Razor Knife and cut at a downward angle behind the existing vinyl cove so any damage is extremely limited or completely avoided. 11) Products can be stored along the edges of the hallways inside the PI) where the materials will be installed. 12) We can do as much as possible to limit the traffic. We are open to weekend and evening installation times that further limit the amount of employees within the building at one time. 1.13 Warrantv: The Design-Builder/Contractor shall wan -ant and guarantee all goods and services for a period of no less than ten-(10) year from the date of acceptance and shall replace or repair all defects in material or workmanship during the warranty period. The Design-Builder/Contractor shall bear all labor, product replacement, and transportation costs for warranted goods and services. Labor shall be warranted for no less than one (1) year from the completion date and all rework shall be at no cost to the City of Sebastian. A "No Charge" invoice shall be submitted on all warranty repairs detailing the replaced goods including dimensions and quantity. The Design-Builder/Contractor shall respond to all warranty requests within twenty-four (24) hours of notification. Repeated failure to meet the established and repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive instances of unsatisfactory service shall be cause for default. Warranty repairs must be accomplished within the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction of the Project Manager and City within seven (7) working days. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4 of 4 234 of 302 r t1 /I! OR1G1 r1a B']['C BUi LDi NG TIME CC) N 5 F R 11 C "T" I () N UILDING TIME CONSTRUCTION LLC -Pate: 5-23-2D22 -firym Name.:-DWIdivig Time, Cvvistrtw iovi LLC ,"ivh Barris JDD,17o Owvier `phovie: 772-532-4D53 �uhail iivhtmui2�2a�co�mcas+,�e+ FEIN 5C0-2D53527 IMivr`P_eq Sec 12 -Frivicipal Office: 04 -Rot Grcle Sebastiah, -FL 326j5a We have a M101nAvvi of 30+ years of coimmerciai experievice M4 smperivw+ev0cot also has 3D+ years of commercial experievice We, have all +I e. state reolmired ivismravice avid workvhaq's compevisatiovi, -Archi+ecttAre: Jeff "Ray Licemsc No, AP-6146 53 45112 22"0 -Place Vero `Beach, AFL 32R(pD Page I 1 235 of 302 0 BUILDING TIME 0NSTRUC:'T 1 0 N �I1IING T�l�E CONSTRUCTION 1�C -Pate: 5-2.3-ZDZZ -firm Name,: Jive 44arris Thooe,: 'Ewl i l FFII N MivI T-e1 Sec 1.2 13Uildivir Time, Covistrmctiov, LLC 1 DD,1'10 Ovvoer 77Z-532-4D53 iilmlm��i��3? �cowycast,v�et 5(P-2053527 'Principal Office: (p-74 -Dot Circle Sebastiav�, -FL 32-6158 We have, a vnivIInAM of 30+ 4ears of commercial experievlce M4 also has 30+ 4ears of cbm mercial experiewce M, Dave all the state rejt4ired ivist4ravice avid workma+i's compevisatiovl -Architecture: Jeff `Ra4 Lice+ise No, AT-g4Co53 q12 ZZ"d Tlace Vero Beach, FL 3Zq(pD Chris Crawford -Architect Vero beach Page I 1 236 of 302 T-A-5LE Of CONTENTS 1. Firm Qmlificafiovis Z. List of a few of the, Wiidivigs Wild ivi Sebastiavi avid Vero over 30 years 3. Team Qalificatiovis 4. ?eferevice Leers 5. "Reimired -forms A, I, C, R E, t, G and 44 I. TI ZM QUA LI-FICRTIO N S I rWldimq Time, Covistrwtiovi LLC ivicorporated ovi -Fel n4ary 5, 2021, prior to tha+ date I was part of avid ovie of the 4wi ifiers for 'DW[ders Showcase Ivic for approximately 5 years. before 'Didders Showcase Ivic, the compaviy viame, avid licevise were Jim J 44arris C6CADg534 ividividual Ceri-ified CAevieral Coeractor 2. As 13W (dens Showcase period • TCC44 ivi1Roselavid -Flaw, • 134ers -Pevital Office, remodel Vero 13w& • Seacoast 13avik at Oslo -Road avid uS 1 Vero to Voctors office, for -Pr (Morel, avid Vr, Fertmivi • � ,vi+ist avid Exam rooms for TCC 4 ivi -Fellsvviere, • Water's "a Vermato1o94 ivi Vero leach, • I cWldivio Time, Covistrrotiovi Witt- Pepper & Salt 1�-DQ io Vera beach, Page 12 237 of 302 Sebas+iaw avid Vero Jobs over !;5 wears Lic #CraCA06151;4 • I tWldivig Time, Covis+rmc+ioh Wilt'Feppor &, Salt 13'DQ iw Vero 13each, • 6156161 60+or drive crea+iwg aw office / ba+hroom avid storao e, area, • � wodeled the ballfield bathroms for the City of SeWstiavi ovi 'Darber S+ree+ • Sebastiaq Car Wash 33 years ago (AS1 Sebas-Fwvi • fat'Doys T�5Q presein+ly Comvitry 44atm ovi US1 • Catholic Church ow Us 1 SeWs+iavi wrrewtI4 rectory • Catholic Schools classrooms for father Lasage • S+rwik fmvteral 44ome, built iw 161$2 ovi 10 Street • '3arweft I�avik ivi 1g83 for Lola Meiroow Village Shops Vero • KIC ow US1 Sebas+iavi currewtly Jalisco restmraw+ •-�aw�er avid flight school Wildiwg for Jack -Drew At the Se,Wstiam airport E� W0110 -M Total vmmn er of persowwel 1a iwcludiviq Sub Coeractors Smperivitehdeh+ vmavw5ed commercial projects more, thaw 3D years Sub-Cowtractors to ioclude, Electrical, Cila-.iers, fram4iq, Drywa((, 1;,Aiw+ivig, C-4rawi+e,'Floonv1q, Tile, CMvietrtl, 44VAC, (Millwork, Trion CArpewtrq. Note the qualifier for DW(diwg Time Cowstractiow LLC Jivn }jarris has over 40 years experievices avid mAiwtaiwed State Certified 6ewerAl Covitractors License the entire +ivne, 44e's had 3 offices iw Sebastian over the years hic(udW3 two offices ow MAiw Street, 44e received A 'ProclamAtioh from the Wlayor of Sebas+iavi Tim Gallagher iw JAwuary 16155 avid aw appreciation AwArd for serVmv on the Sebastian Covis+ruc+iow Board As Chairmavi ovi Awpst 11,16155 from Wlayor Jive Gallaher. Page 13 238 of 302 Oroiahimtiovial Cinart ,ivin 44Arris Tresidevit Certified CAevieral Covitractor'IDD°7o Owner Lic# CCACADCI534 Employees Jay'OIAvi&Ard Covistrmotiov) W►Aviager avid Sraperivitevidevit 4D + Nears' Experievice Joe Cox Carpeviter 15 years field Experievice Srnb-Contractors: • Svitlder -FWvhWmvj Vero Beach • Shovi 13rooks 44eAtivig avid Air Cooditioviivi9 Vero Beach • MAwviivig Electric Vero 'Beach • Freivig MetAl MAsters Eviterprises S&astiavi • 44'DS Ivic CAIAtimq Avid wividows • Vero Millworks Trim avid specialty doors • 6jAtor 13mildivi9 Supply IMAterials Sebastimi • CreAtive Floorivio Avid Tile Vero Beach • Metro dire "Protectlovi Services • Como Oil &.'Propavre Vero 'Beach • 13-PS Ivist4latiovi Vero i3each • -FArks?evitAl Vero 1�eAch • Toby LAmm Taiwtivio • Service-Ze.rio cratiovi Vero 13eAch Page (4 239 of 302 "REaSIAWIE ,Jim +Barris'Dorvi PecemW r 14,16145 State 1_icevise CAevieral Cov)tractor -Florida Siv)ce 1a1-78 16dUca+iovi Cradma+ed coca "Raton) }high School Additional tducatioo 1Miavni Sheet vne+al uvfioo 4 years Traiwivig Moved to Sekastim iw 1e1-7q avid started lomildmo homes till +he mid 1ci50's Mid 1615D's I ktnilt vMwy comvnercial projects m Vero avid Sekastia+n which iviclmded the orioivial Catholic Chrnrch as well as Vnav14 well know Wildivig still iw mse today. The first car wash ivi Sebas+iavi s+ill operativig after 33 years. Struvk -Ftnvieral V ovne im Vero 13each krnil+ i+n 1gQ�2 1�asica((4, I've worked iw the oms+mctio)n ividcnstry vmy ev)+ire adrnit life. I'vn the son of a plas+criv O Covi+ractor lovig kef ore m4owe heard of drywall. I've lived iv) +he city of Sebastiasn con)+ihrnornsly siwce 161-761 Md have had 3 offices withivi +he city. I served ovi the coostr(Actiovi'Doard for +he ci+y for cl years smm& of +hat +ivne as chairvnavr. I was told I was the first State Certified C;4ev)eral Co+i+rac+or iv) Sekas+iav) whey) I arrived 240 of 302 -BUT-LDING T IE CONSTRUCTION L LC. P.O. Box 780412 Sebastian, FL 32978-0412 Phone 772-532-4053 License # CGCA09534 To: Don Wixon Procurement / Contracts Manager 772-388-8231 From: Jim Harris Building Time Construction LLC 772-532AO53 Project: Building Department Office Improvements April 7, 2022, Pre -Bid Meeting Questions: • Selections such as flooring and tile will there be allowances or specific selections for pricing. • Countertop height is 42" on the customer side except 4' for handicap Is 36" • Countertop height on the employee side is 30" • Supports for the employee side countertop shall be partitions between employees' space • Plan measurements need to be field verified to insure accurate location of counter • New 30" x 48" in the new office doesn't need a mull separating the glass into 2 pieces • Building Permit will be at the contractor's expense • Ballistic Glass and frame can be ordered and put in last if not readily available • Project is scheduled for 120 days • The contractor will have access to work area during regular working hours • Do you have a dumpster location selected? • Dust protection for adjoining areas • All city files and furniture moved by the city • Contractor employee parking and access to the project. • Are there special procedures to work late or early if needed? The inforirrarfon at the pre bid meeting was helpful and informative. 241 of 302 BUILDING DEPARTMENT 1225 MAIN STREET - SE13ASTIAK FLORIDA 32958 TELEPHONE: (772) 689-5637 - FAX (772) 589.2586 LOCAL BUSINESS TAX RECEIPT Tax Year October 1, 2021 to September 30, 2022 JIM HARRIS (772) 532-4053 Address 674 DOT CIR SEBASTIAN, FL 32958 Activity: Home Businesses - Services - Contractor. General Building Issued to: BUILDING TIME CONSTRUCTION LLC JIM HARRIS 674 DOT CIR SEBASTIAN, FL 32958 NON -TRANSFERABLE No. 2021-81 Date:10/1/2021 Business Tax Receipt Total Paid: $66.00 czy� Linda M. Lohs4 CBTO 242 of 302 !+�• lr.:.,nfr:. Lc;c'r�f J i.r !. -1T'r. Sr:ce:: •t - r' - STATE OF FLORIDA z DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD TI IE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER Tit[ PROV!SIONS OF CHAPTER 489, FLORIDA STA.TUYES HARRIS, JIM J BUILDING TIME CONSTRUCTION. LLC 574 DOT CIRCLE SEBASTIAN FI.3295B LICENSE NUMBER. CGCA09534 _ EXPIRATION DATE: AUGUST 31, 2022 lxzyc'.v ly liar. �s !i a�' rF'a :RaLrcz:t:t s I]r Q Do ilat i1w. lh;!, dor vo a al in .my iuim. 1 _ Thh. ii yJui' liLQrSLI. It iS LVIIAL4!i!I lLr anvonc whei 01-m, !!lt, li4.:io-�N It; U5- IN', dOLLInlrnl. coo s. 243 of 302 Sebastian - Payment Receipt 1225 Main Street, Sebastian, FL 32958 Telephone: (772) 589-5537 Fax: (772) 589-2566 2021-81 674 DOT CIR SEBASTIAN FL 32958 Paid By: BUILDING TIME CONSTRUCTION LLC JIM HARRIS 674 DOT CIR SEBASTIAN, FL 32968 PaymentlD: 4051133 Received Date: 10/112021 PaymentType: Cash Reference Number. JIM HARRIS Description: Contractor: General Building $66.00 PaymentTotal $66.00, 244 of 302 FORM .- .. RFQ 422-06 HOME OF PELICAN ISLAND DESIGN -BUILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS CONTACT INFORMATION SHEET DUE DATE: Proposals are Clue on or SOLICITATION RELEASE CONTACT: before 2:00 PM Local Time on NO.: DATE: Don Wixon Thursday, April 28, 2022 RFQ #22-06 Thursday, Procurement/Contracts March 24, Manager 2022 (772) 38M231 Check Addenda for revised due dates SOLICITATION TITLE: before submitting your Proposal. Late DESIGN -BUILD Proposals will not be accepted. Building Department Office Improvements Firm's Name and "Doing Business As", if applicable: Federal Tax Identification �A I t I-) %1j1_ �C Y�%1 CaN r2 t11C'T 101� Number: ( -2 0 5 Address: (_T 4 F)6 T rI PC IJ� City: SC-7B AS71 4� State: 52K��pU�lp Code: Telephone No: -Y � 2_ 153 Z 4 O 5 3 Fax No: E-Mail Address of Authorized Representative: I t vv" ror 1 j 232�— MINIMUM REQUIREMENTS Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 5, Section 1.2). By placing a checkmark next to each requirement, Proposer is confirming the requirement is met. ❑ Currently licensed in the State of Florida as a Professional Engineer in accordance with Section 471.023, Florida Statue; and Office within 150 miles of Citv Hall in which the work will be done; and A minimum of five (5) years' experience in Desi4n-Build Office construction, and Experienced and qualified team of professionals capable of performing the required services; and PROPOSAL CERTIFICATION I certify that I have carefully examined the RFQ document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this proposal is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on behalf of thogmpany named above and that the company is ready, willing, and able to perform if selected. Printed me rhys nhr T e f Date -Ze-s the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to b ' in the best interest of the City, and to waive any non -substantial irregularities. e to tutly complete and submit thts Inform-ation Sheet may result to rejection at the proposal Page 18 of 27 245 of 302 ma Fio-:-M- L gBAST �l RFQ #22-06 HOME of HUCAN I51AM DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS ADOENDA ACKNOWLEDGEMENT Proposer's Dame: cJ�AI� J �il���%� Phone#: 1z..rj37.4���j3 RFQ Title: Design -Build — Building Department Office RFQF #' 22-M Improvements Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Proposal to be considered non -responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231 ADDENDDUM # DATE RECEIVED r �� 12 2 11� ! 1 I 1 Zv 3 t t 4 5 6 7 9 14 ll No Addenda was received in connection with this solicitation. I Title Signature. <— l— e Print �- Da Nam (W\ r �� te: Failure to fully complete, sign a ejetion of the prop al Page 19 of 27 246 of 302 CRY OF ar ` 1' HOME OF PELICAN ISLAND April 8, 2022 Administrative Services Department procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8232 ADDENDUM #1 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: RFQ 22-06, Design -Build Building Department Office Improvements FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 TO: All Parties Who Attended The Mandatory Pre -Proposal Conference: Q: Do we submit a price for the project at this time? A; No, please read the entire RFQ document thoroughly and pay strict attention to Section 2, Proposal Format & Requirements, and Section 3, Evaluation Process. Q: Please provide material finishes for tile and carpet, If material finishes are not known, please provide material allowances? A: The City has enough green tiles that are leftover from the City Hall project that can be used. Carpet will be approximately $8 per square foot which includes removal of existing carpet, removal of existing vinyl cove base, floor prep, in stallation of square tile carpet with a ten year wear and stain commercial warranty and installation of vinyl cove base. Q: Countertop height is 42" on the customer side except 4' for handicap is 36" A: Yes Q: Countertop height on employee side is 30" A: Yes Q: Supports for the employee side countertop will be partitions between employees' space? A: Yes Q: Plan measurements need to be field verified to ensure accurate location of counter? A: Yes Q: New 30" x 48" in the new office doesn't need a mull separating the glass into 2 pieces? A: No Q: Building permit shall be at the contractor's expense? A: Permit fees will be paid internally by the City. Pagel of 2 247 of 302 Q: Ballistic Glass and frame can be ordered and put in last if not readily available? • A: Yes Q: Will the contractor have access to work area during City's working hours? A: To be coordinated with the Building Official. Q: Do you have a dumpster location selected? A: To be determined Q: Is dust protection required for adjoining areas? A: Yes, City has a roll of plastic that can be used. Q: Will all City files and furniture be moved by the City? A: Yes Q: Where will contractor employee parking and access to the project be? A: Parking will be random in the parking lot. We would like to hold the parking spots open that are closest to City Hall for residents and clients. Q: Are there special procedures to work late or early, if needed? A: To be determined. Will require City employee supervision. Q: Can framing be metal instead of wood? A: Yes Q: What is the thickness of the ballistic glass? A: Per manufacturers specifications. Q: Project is scheduled for 120 days? A: Yes STATEMENT: Please read the entire document and nav attention to Section S. Pronosal Checklist, Section 2. Pronosal Format & Reauirements. and Section 3. Evaluation Process. Please don't hesitate to contact me if you have additional uuestions. Page 2 of 2 248 of 302 CROF HOME OF PELICAN ISLAND April 12, 2022 Administrative Services Department Procurement Division 4225 Main Street SebasJan, FL 32958 (772) 388-8232 ADDENDUM #2 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: RFQ 22-06, Design -Build, Building Department Office improvements FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-3 88-8231 TO: Ali Parties Who Attended The Mandatory Pre -Proposal Conference: Please read careful] ti and make a snecific note of the chap zes: The new auestions deadline is Monday. Mav 2, 2022 at 2:00 PM, Local Time. The new RFO oueninu due date and time is Wednesday. Mav 25, 2022 at 2:00 PM, Local Time. All proposals shall be due no later than Wednesdav, Mav 25. 2022 by 2:00, Local Time. Proposals can be submitted to the City of Sebastian, Procurement Division in -person (physically) or mailed. All proposals shall contain one (1) clearly marked original, four (4) copies, and one (1) electronic copy on a USB drive. Proposals will be opened in the City of Sebastian Council Chambers at City Hall. The I"' Evaluation Meetine is Fridav, June 10, 2022 at 10:00 AM, Local Time. STATEMENT: Please READ the ENTIRE DOCUMENT and make note of Section 5, Proposal Checklist, Section 2, Proiiosai Format & reouirements, and Section 3, Evaluation process. Page 1 of 2 249 of 302 PLEASE MAKE NOTE OF THE FOLLOWING FROM PAGE S: The Guaranteed Maximum Price (GMP) trice will be discussed and negotiated for the Project following approval of the ranking of the Proposers and authorization to begin negotiations by the City Council. Prior to negotiations, the top ranked Design Build Firm (l)BF) will provide a Schedule of Values to the City of Sebastian. The total of the Schedule of Values including a 15% contingency will be the guaranteed maximum price (GMP) contract amount. In accordance with (IAW) Florida State Statute 287.055 (5), Consultants Competitive Negotiations Act (CCNA), the proposed Guaranteed Maximum Price (GMP) price will be negotiated with the most qualified firm for a price which the City determines is fair, competitive, and reasonable in order to reach an agreed upon fee, terms and conditions. This negotiation will be conducted for no more than three (3) weeks maximum, with the top ranked firm. If the City is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated, IAW F.S. 287.055 (5). The agency shall then undertake negotiations with the second most qualified firm. Please don't hesitate to contact me if you have additional auestions. Page 2 of 2 250 of 302 _ R Foxn� -` C RFQ #22-05 OPM DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SUB-CONSULTANTICONTRACTOR LAST Proposer's Name: g Phone #: 772-531E -4v S3 RFQ Title: Design -Build — Building Department Office Improvements RFQ #: 22-06 NOTE: List all sub-contractors/consultants. if sub -consultants will not be used on this agreement, check the box below. Form must be submitted with your Proposal. Use additional sheets if necessary. The City's selection of the Proposer will be based, in part, on the qualifications and capabilities of their defined sub -consultants, which acts as a substantial inducement and material consideration in the selection. Unilateral changes of sub -consultants anytime during the process, and after award, will not be authorized unless specifically approved in writing by the City. The City reserves the right to :-eject any Proposals if the Proposer names sub -consultants who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. Company Name 1 -VfWN19& E.bciQtc Ykt1t.01A& lknf `z...X%W"*A 3 Ii X Work To Be Performed �Ic- rrR(CA I l'ullk(A C LA,ZigC Contact Person �tr� t Sr�eVz tS &V1- VAQX ARo Telephone Number 77Z- 5(03-8$39 I 1 I z 'Srz ­A6 53 ,T-Tz- 5 101-144 1 I affirm that Sub. contractorleonsultants will = be used to complete projects under this agreement. Tale c Signature., Print" ' 1 ` Dat j Name: Y_ �! k-,LCS a: 1 �3 ! _20 Z Z _ may result In resection of de proposal Page 20 of 27 251 of 302 MO FORM D RFQ #22-06 FiC+&0FPEUCANMM0 DESIGN -BUILD —BUILDING DEPARTMENT OFFICE IMPROVEMENTS REFERENCE LIST List a minimum of three (3) client references who can speak to the Proposer's experience and performance, within the last five (5) years. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect the Proposer will lose points awarded for this criterion. Reference #1 Company Name: MAJ�E5'r`� 7%-N UE Z3M- AJ 1C,F,5 Location (City, State): VE(4) 1E�IA eL Contact Person: E L`(5 I A gg E N Contact Number: -7-1iz-. 4 o4 - I Z 21 Email Address: EL-fS I REKKIRu (-) mA-IES-iY-tLz' •�a,v� Dates of Service: 2t) I G) Services Provided: TKE I�kib;D I✓ L f--- M N-1 YZ t OFF-% e� Reference #2 Company Name:'R�IPt.��R� Location (City, State): VEko 5'EI3AS`I ISM f >-C Contact Person: Contact Number: -7 ? _ 2U 5 — 9 -AC) Email Address: V b a ;-Xt- .J -FCC 1A I C� G Dates of Service: OV CR e�OULC-, Services Provided: Reference #3 Company Name: (;Mw'IARC 1 S6,L&Ce5 Location (City, State): Udl) k -t-\- Contact Person:�{��] Contact Number: -1-Z z��-T -- 3� Email Address: 11pt+Jn� � o RE 5 b vk4Z c E 5 t 2 •Dim Dates of Service: NIQ,til l Wp jcc_T6 cs-JGR %b y Services Provided:��r,nr� Failure -to fully complete and submit this List may result In resection of the proposal Page.&I of 27 252 of 302 CRry RFQ #22-06 WMEof KUM ISLUro DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS P.ROP_OSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: 6%A%1 V Lqe; �leAt CdNSZ 2W Cl %0,4 LLC Address: --G Z 4 bc>3 cwC.I-E SE;RkSTI IN f }= L- Contact Person: -- 'title. SOLE �1r�s �\ Phone No.: "I'�Zr,�32�US� — Email Address: ! AA W, •{ J Z� 2r— Federal Identification No.: This Business is: { ) An Individual ( ) A Partnership (t4-A Corporation Proposer's License No., ffaanllpa & ST�-T� cs1zT1 F 1 r D C. C e "Attach certificate of status, competency, andfor state registration (1 j Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any -Dther regy1wory agency or professional association within the last five (5) years? YES H NO Ll (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services our firm rovides in the regular course of business within the last five (5) years? YES NO (3) Has your firm had against it, or filed any request for, equitable adjustment, contract claims, proposal protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO t—J (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. IRIIfO �•wR!!t»fi��iMMtii M*Mr*#tlriRir/r!M*w-!*iF#M-Rliw*'/rk/#M-R/*lrtitiyek#ii lrtata�MM*i; ..kR-k #Yrfnk*t R*iiiki*M+rM R#1 iFLx ww reby �eriify that all statements made are true and f agree and understand that any misstatement or 'epreseltation or falsificabbn of facts shall be cause for forfeiture of rights for further consideration of proposal for,; City of Sebastian. Date sign and submltthis Disclosure may result in rejection oftilig-girpposa Page 22 of 27 253 of 302 cry" _ FORM - �F RFQ V22-06 HOME OF PEUCAN ISWO DESIGN-BUJLD -- BUILDING DEPARTMENT OFFICE IMPROVEMENTS E VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees_ The E-Verify system can be obtained at the U.S. Department of Homeland Security website: hUp:Lw yi/dhs.gov/E-Verify. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub - Vendor or Sub -Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: • All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Vendor/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Slat_, "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of t year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company me. tir31NG TMW C,a"_Q%AC.T104 Ut Authorized Name Tole: qr ELFj� Signat4r ` Date, 3 e d Z-2— State of�'S`_� r• 1 County of a, �11t:��+ f'l •� 1 Li C� This instrument was acknowledged before (Date) ALIClA i-I.lAL1NE:BY r Notary Public —' r ;Mate of Florida ! omm# HH020622 vo,. Endres 7/19/2024 Notary Public Sig ure Fajj r_e to full] -complete, sign and_5uk3mjt Shl§ Page 23 of 27 254 of 302 `m FORM Sk LA=s*T, G _ RFQ ##22-06 HOME OF PEUCAM ISLAND DESIGN -BUILD —BUILDING DEPARTMENT OFFICE IMPROVEMENTS NOTIFICATIONS AFFIDAVIT (Print Authorized Name) of VIr.1a llrvl� (Company Name) Affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • De rment and Suspension � NWnized Vendor •1 Performance Evaluation k Date: State of County of al A2!.re N\LN The foregoing Affidavit was acknowledged before me on U,—'j� t (DATE). y 41CIA` _ State of Florida Notary Public Slf atur r� " { Comm# HH020622 7b Expires 7/19/2024 Failure to fully complete, sign and gulMit thig Affidavit may result in resection of the propsal Page 24 of 27 255 of 302 am RrQ #22-06 WMEOFnUCM SLAM DESIGN -BUILD -BUILDING DEPARTIV= OFFICE IMPROVEMENTS FORM "H" 610LICRATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: I L V 1 w1 r, i k_ i 4 S C 45 .1�T?Qu CTItrjkN L11_ Company Address: _ ��bm- M _ R '3 2CP 58 Phone No: - rjw - 4 CAS 3 - Please tell us how you found out this Request for Qualifications was released/available (mark all that applies): Indian River Press Journal' (TCPalm) DemandShaNOnvia City of Sebastian Web Site Other (please specify below) END OF SOLICITATION FORM REQUEST FOR QUALIFICATIONS #22-06 Page 25 of 27 256 of 302 CIITYAW-S ASTIAN . P 1- c i HBO __ .`- 1 ri 111111111 r i Y % I= �` 14AS GIVEN EXCEPTIONAL SERVICE To THE IAN CONSTRUCTION BOARD iNSIBILITY HE HAS ASSUMED AND FOR THE UNSELFISH RENDERED HIS COMMUNITY ON DISCHARGING THE DUTIM 12 DAY 7[, a tj O2985 F n.itit �t h k f Ri �.�� r ",�.: err ` � 'e. "�'" .._. �� � � �.� �'�;� �x•��'�;.,�% // • •; w.l Lr. • 1.7d `;13 it4 ! , - l � r R l� a' "" ' ;r M i� r � +� S *.. r A�lltli+/ tA��•:�it is t4Fex4 sn �Cla►►siltitw {itl�#f�:f ♦'• i'�: r _ _ #�Ait irtwt �l�' •s its�t > �re'A/�ii t �# Qear i► sP�'+rs # I�tsNr dr•rj*tr st tM �C�MdAlli. lief etc#t sr►itxt►s�r +r�a�Rra t• ta�ifwi�► tom!• •tts+st# �+� At# &#ialt MSAfi so tk* 3wIMt f ri tl►a tr so.ty }'01 :titlrlrt��►� !sd oAt*v#4#•^i h RR #�Nitl Rr#1t�Ir� roratrari�:s sal •st'.r.�te �satos ttrrt�s��rve## of tsars t tae�. r a w ra r �► s t twk � � f tit► art•�tjt� rooted in OI s! �t r .,t rttt rttv rl �ri#t�►����►. tloi4lr *A iairta rroClai_ #pPro"io!&.2A r.* tdjj&WjXV pool#$$ , tAf #ish4Ttaa : 1osmeriam tArtr d�reiratEtt ■axrtro to tt '.':-y et Strba�tiw�. its RARPTS #l�l�sl11 Jt+c?f.�� CAR#1 T p r t't AY Y 16 lair:� s.t�'td tons # � . r � �► . A.r � � �. � i ♦ .,0 # sy )rand •nd cowswd the S•al of #At ',cy �t Ssiaitlarr to w► AttAxwd this itd day of l«wusr 1! J� st1rV�+'r, t;A t A1'Td3T , t3aborah E'. JttrgrAL rIClt�► Cierk of 302 immW232@comcasuet From: Vicki Soule <VSoule@TCCHINC.ORG> Sent: Monday, May 23, 2022 420 PM To: Jim Harris Subject: Work Experience To Whom It May Concern, It is my pleasure to recommend Jim Harris as Building Contractor. Jim has provided supervision to several jobs for Treasure Coast Community Health over almost a decade. He ensured the demolition and complete rebuild of our location at the Roseland Plaza, on time and with several suggestions that made a positive impact during the project. He Is trustworthy and knowledgeable in pricing, regulations and what it takes to ensure a good outcome. If Jim Harris is chosen, you will not be disappointedi Sincerely, Vicki Soule' Chle Executive Offlcer reasure Coast Community Health, Inc. 1555 Indian River Blvd. Suite B-210 I Vero Beach. FL 32960 (C)772-205-9249 Sent by phone-ols excuse tvoosl 259 of 302 From: Brennan, Elysia <Elysia.Brennan@majestytitle.com> Sent: Thursday, April 14, 2022 12:09 PM To: jimmyj232@comcast,net Subject: Recommendation for Interior build To whom it may concern: had the pleasure of working with Mr. Harris when we built our office 3.5 years ago. My office space is 2000 feet and was formerly a yoga studio so there was a lot of work to be done as it was a mostly one, large open space. I would pop by to check the status of things often, and most of the time Jim was there ready to answer my questions, show me what had recently been completed, etc. He's very easy to work with and very organized. This was my first office buildout in which I was responsible for the decisions, and Jim made that very easy on me. Our office was completed just a couple months later. Jim had added a second bathroom and turned the space into 3 offices, a reception area, and three conference rooms. One year later, we added an additional office and a decorative, shiplap wall. Jim executed that perfectly as well. 1 would highly recommend Jim for any office build, renovation, or alteration. The scope of his knowledge is invaluable, and the ease I experienced in working with him was refreshing. Best, Elysia Brennan Elysia Brennan Relationship Manager q)MAJESTY TITLE ERVICES Fwww�.ru.ar�ehr Lit m: (772) 404-1221 p: (772) 410-2491 f: (813) 868-3751 260 of 302 i G�i[adcare R E S U R C E S. Mlsslon Statement: To eltvate and promote the highest quality eailychildhood development and education in Indian River County, focusing oneconomicaRy challenged children and families. Board of Directors President Jim Beindorf May 24th, 2022 President Elect Jennifer Peshke Immediate Past President Patrick Farrah To Whom. It May Concern;: Treasurer Kyle Thurn T am happy to write a letter of reference in support of Mr. Secretarg Jim Harris of Building Time Construction, L]I We have Tracy Sorzano engaged in his services of construction management several Officers at Large times since 2015. Jim is a knowledgeable and trustworthy Brian A. Baker construction professional. whom we. are grateful to work Helen Boehm Johnson Susan Donovan with. We have found Jim to be responsive, and. thorough, We have consistently been satisfied with the work Trustees completed. Mary Sue Brown .David W. Griffis Christine Hammarsicjold As Barble Horton -time clients we have great respect for Jim's Matthew McCain expertise and profi nsional reliability. Should you have any Amanda Robirson further questions, please do reach out to me, as I am happy Honcn,�ary Board to serve as a reference. Nancy Hopwood Sandy Kahle Jack & Anne Kelsey Sincerely, KathyMarshall Baker Carolyn Veeneman Sherry Waddell S on McGuire Bo Executive Director aeoutive Director Shannon McGuire Bowman, MA, CFRE ChltdeareResourceslR.org 772-567.3202 2300 Fifth Avenue, Suite'149 Vero Beach FL 32960 261 of 302 M N I TAX HELP To Whom It May Concern, I am writing to recommend Jim Harris and his company Building Time Construction, LLC for additional construction services with future prospective clients. I have had the pleasure of working directly with Mr. Harris on a number of projects in the past and most recently at Omni Tax Help located in Vero Beach. Building Time Construction, LLC has illustrated their attention to detail, quality and safety on a number of occasions. It is the policy of this company to strive for the highest safety standards. Working safely requires a serious commitment by everyone within the organization including subcontractors. Mr. Harris has met and exceeded our safety guidelines. scheduling within the construction industry is typically an art form in itself and Mr. Harris has been able to effectively meet project schedule requirements. He and his crew have been able to quickly adapt to schedule changes from other subcontractors in order to keep his schedule on time and aligned with the overall project schedule. In addition, Building Time Construction, LLC has been exceptionally accommodating when dealing with unforeseen conditions and potential change orders. Please consider Building Time Construction, LLC for your construction service needs. I recommend them and look forward to working with them again Sincerely, l� Ady Michael Batty Property Manager NAT 2300 Fifth Avenue - Vero Beach, FL. 32960 Ph: 800-707-8065 • Fax; 772-925-3398 • MAE-A www.omnitaxhelp.com 262 of 302 GFIUSEB P.L., LLC 13290 PS L Sebawia, F1 4958 telephone-M 589-6300 fax ift 5694550 May 161"1 21022 $ubjq4t:. Recom.—men.dation for Mr. Jim J. Harris To -Wh4m It. May Concern: I taice'.-great pleasure. in recommending Im as a S[ener-al contractor and builder. He was as . it ttrumental overseeing, arid toqrdjna.'Ing.the construct on project of our ...t medicaUoffl.quality at Vero Beach. The of his job earn praises of our ,happy Patterit ehonest and. relible peTso.0, always . y a xi�every. day.. V. r- available to answer aOy e0 question or �9 Ive any otoblem. Our -experlencia Working With *n during the whole- process and even after completion. could not have been better, The building it located at 752 S. U8 #1.. Vero Beach. sincerely.; 91, Gu011er :F. Morej, mb Internal Medicine/Geriatrics President; Geri . seb LLC Page —I—oi -1 263 of 302 ... ........ A CERTIFICATE aF LIABILITY INSURANCE °26/202""YY'� 105/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hour In lieu of such endorsement(s). PRODUCER GONTJkGT KANE BIBERK PHONE 844=4724967 — - f Fl1X 203454-3613 P.O. Box 113247 rL customerservice0bIBERK.com _ Stamford, CT 06911 ADDREW__ INSURERA. Be"h""'" .'"wayo �tin=P°"�'I039TNAIC .. ufi°ng Time Construction LLC iiRsu►z�Re: (Cc: 674 Dot Circle UWFtI5RD: - Sebastian, FL 32959-4383 — - UISi1RER P : - -- - -- -- - - - OVE GES BER: REVISION NUMBER:, C THIS IDS TO CERTIFY THAT THE POLICI SnOt��� LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMI73 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INaR - . _ .ACCL+UBR " -- -- -- - I'f'suUr rrr' FUMY k)CV - - ----. - ._...-- --- LTR 7YPEO.INSURANCE pVSD wvD POLICYNUIIWHR fIAIIDDIYYYYF fM=DIYYYYi UMRS -- X COfiRAERCIALGEMERALLIABUJITY �RP� S 1,000,000 al ~ _ a AIMSMADE ®ocR P[tFNlis��sa�¢� s 50,000 A f N9BP476634 05/25/2022 05/25/2023 VED EXP (A,ene pmwn) s 51000 PERKk:6ADVINJURY $ InClUded GGwL AGGREGATE ppLIMII.TAPPLIES PER: GIMRAL AGGREGATE S 2,000,000 t _ POLECY ❑ JPCT ❑ LOC PRODUCTS-COMPADP AGG S 2,000,000 I X i OTHER: $ AUTOMOBIL.ELIASILITY CO 6fNGLE LId9T IE3� s ANY AUTO E BODILY ]NAI RY (Par Eemn) $ - - - �— OM1lIRf® SCHEDULED BODILYINAIRY AUTOS ONLY AUTOS (P1er wcWmM f KREO j NON-0WNED --- C - AUTOS ONLY I _ .I AUTOS ONLY (ParacPROPERRTYDTY DAA LE $ E i UMEIRE LLA11 I ( OCCUR I EACHOOCURRENCE S SWESSLJAB CLAIMgMADE AWRWATE S DELI RETENTIONS S WOR1aR6Do TION PER OTH- IANDEMSPWYEWLIABILRY YIN, iSTATUTE I T ER AL.".,..—. WP WERAXBCIITiVE EL EACH ACCIDENT s OFFICERAtEU tEXCIll)ED! NIA (Id acbmry to NH) EL DISEASE • EA EMPLOYEE, $ Myyaaca esobe Under - PIdPnONiOF fWFRATIONS below EL DISEASE- POLICY LIMIT S Professional Liability (Errors & Per Occurrence/ Omissions): Clams -Made I Aggregate DESCRIPTION OFOPERATIONSILOCATIONSIVBHCLES(ACORD 101.Addfi=lRemyfidwfta,maybeaft eWdBmom d)aceIsmquhrod) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jim Harris THE DIPIRA111ION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WTTH THE POLICY PROVISIONS. 1225 Main Street Sebastian, FL 32958 AFITFIOR® .= ®1988-201 S ACORD CORPORATION. Au rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 264 of 302 oR� CERTIFICATE OF LIABILITY INSURANCE 105/266/202 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S� AUTHOR12ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the tans and conditions of the policy, cWaln policies may require an endorsement A statement an this cerdrwate does not confer it" to the certificate holder in lieu of such endorsement(s). PRODUCER BIBERK P(NONg 844-472-0967 - FAX - 203=654--3613 P.O. Box 113247 rw -- � COI' Stamford, Cr 06911 ADosL customerservicefbIBERK.com u ng Time Construction LLC 674 Dot Circle Sebastian, FL 329SS-4383 BerkstuIN 01SUZERA: re �Y rants pant INSURER B: MMRER C: UZURER D INSURER E: III3gi- NAI- CN ——- �QX�� �r �ry� MISUIRER F : THIS IS ERTIFY THAT THE POAEEn��URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU�NABOVE OR THE POLICY PFAOD INDICATED. NOTVATHSTANDING ANY REQUIREIMUT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEWN IS SUBJECT TO ALL MiE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH 3OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'Ns",---- -- -- . AbbLSGBR - _ — POLICY EFF MUM9& - -- ---- - -- - LTR I TYPEOFMSURANCE rNsO ww POL CYKLMM St IRVAM lYYYYI 39AIDDAWYf UMRS COMAE CIAL(IENERALRUABLITY EACH S 1,000,000 CLA1MSh1ADE ®OCCUR 15A a (UH�Trw - - -- - - Pw&LwqEaowwrenmel- - i__.__- ---_-__- 1REDEw(MYonep---w) f. ... — - I((( PERSONAL & ADV OWRY. _ S- G AGGREGATE LNFr APPUES PEFt GENERALAGGRERATE S 1,000,000 POLICY ❑,❑ Loc PlaDoucrs-coM+PIOPAaa $ OTHER: $ AUTOMMLELIABLITY CONOINED SINGLE LIMIT _fEe POW11LIJ s ANY ALRO BODILY INJURY ft person) $ OYMM SCHMUUED AUTOSORQL.Y -_- AUTOS BODILY INJURY {Par =*to q S AUTOS ONLY _AUTOS ONLY (eer-- Rla m") f S UNDRE LLALLAB IX I occLtR EACNoaxmRENCE I f 1,000,000 A � E7tCE�sLL4B �CUIgA&i,RAOS N9UM541802 05/25/2022 05/Z5/2023 1,000,000 I AGGRE,ATE Its I aW $ sS�IAPTRdrJ 1 AM EMIPLOYEW LIASIM YIN -- LST�1TVrE 1 _ Ri - ANYPROPRUTOMPARIVERPEXECUTWE ❑ NIA EL EACH ACCIDENT S O tR W-dalaq In NN) EL DISEASE- EAEMPLOYEE S M daaaEbo under-- PTION OF OPERATIONS Idow EL 0W-ARSE- POLICY LIMIT S Professional UabiiitY (Errors & I Omissions): Claims -Made Per Occurrence/ Aggregate CESCRIPTIONOFOPERATIONS ILOCATIONS IVEKCLCS V=RD10f,Addtbna]R=aAtsBahoftlo nWboaftahedlf=mspamelsmquUad) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jim Harris THE EXPIRATION DATE THOIEDF, NOTICE WILL BE DMJVMtM IN ACCORDANCE MATH THE POLICY PROVISIONS. City of Sebastian 1225 Main Street AUTHORIZED RGMUM rATTw [� Sebastian, FL 32958 ' 01988-2015 AC`{O'RD, CORPORATION. AN rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 265 of 302 ilr�ls C v� CERTIFICATE OF PROPERTY INSURANCE I °"0� 05/26/2022 CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF DMRANCi= DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING tNSURER(S), AUTHOR12ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER PRODUCER GONTACI tarty (844) 472-0967 _j�AM No8 (203) 654-3613 BISERK - -- -..- . -- Sol p�0biberk.com P.O. Box 113247 no AM,. PRODUCER Stamford, Cr 06911 -CUSTOMER ID R1181.AFPORDOi000VBiA0E... -- NAtC8 NSURED MSURERA: Berkshire Hathaway Direct Insurance Compat 238130 Building Time Construction LLC INSURER B:_ 674 Dot Circle INSURERC: - -- — Sebastian, FL32958-4383 tNSURMO: WSURBtE: INSURER F: - - - -- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PRBUSES I DESC"TION OF PROPERTY (AftbO ACORD 101. Addboml Reiiu Y schoa%, tfmm cpaca to mq atQ Location: 674 Dot CircleSebastlan, FL 32958-4383 Bldg #001: Carpentry - 7422101 THIS M TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 0 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H15REIN IS SUBJECT TO ALL THE TERNIS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAU) CLAIMS. INSR TYPECFRGURANCE POLICYNUMBM RXICYEFFBMM POLICYE mRATMN LTR I DATE (NUYDDIYYYY) DATE,,;-.. - - - - WYHiED PROPERTY LIIM , PROPERTY_ BU�LDIN(i - CAUSESOFLOW DEDUMBLHi BASIC WG N9BP476634 05/25/2022 05/25/2023 OMt�dtCOME 2BUIL 50 BROAD_ COBS t7frRAE76�ENSE I f iX SPECIAL _ — — RENTALYALUE If EARTHQUAKE .. BLANKET BULDINo f n/a f VIAND - - - — BLVO ET PERS PROP - - - - - s- n/a _ `-� FLOOD _ - BLANKET BLDO d PP : n/a INLANDttAR[NE TYPEOF POLICY - f CAUSES OF LOSS - -- KAMMPERIIS POUCYNUMBER - -- - f � f CRHRE •— f - -- - TYPE OF POLICY f UOfLHR i VACIIAIERY I - EQUIPMEWORFAKDOWN i _-- f SPEIALCONOMMSIOTHBRCOVERA01S(ACORD101,AdffMWIRemtftSchoa"may boWxtWffmore spwteroqu" * ALS up to 12 months. CERTIFICATE HOLDER CANCELLATION SHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLM BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELIVERED IN Jim Harris ACOORDAWW_VffTHTHE POLICY PROV181ON8. City of Sebastian 1225 Main Street AUTIIORtZ®R1PRE49RTATNE Sebastian, FL 32956 y �l ®1985.2015 JI CORPORATION. Ail rights reserved. ACORD 24 (21111 BN3) The ACORD name and logo are registered marks of ACORD 266 of 302 can or SEBASTIA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Approve staffs selection of Underwater Engineering Services (UESI) as contractor to complete Drainage Improvements in the Stonecrop Watershed per TTB #23-04. Recommendation: Staff recommends City Council award the Invitation to Bid #23-04, Drainage Improvements in the Stonecrop Watershed to Underwater Engineering Services, Inc, and to grant the City Manager authority to execute the agreement documents. Background: The City of Sebastian is currently in Phase II of the FDEM (Florida Department of Emergency Management) HMGP (Hazard Mitigation Grant Program) funding agreement for the Stonecrop Drainage Improvement project which includes revetment of the Stonecrop drainage canal banks, as well as a Conspan bridge at Laconia Street. Two (2) responses to bid #23-04 were received on February 14, 2023. Bid responses were received from Ferreira Construction Southern Division Co, Inc., as well as Underwater Engineering Services, Inc. (UESI) to act as the contractor for the construction phase of the project. We are recommending Council approve the selection of UESI due to their relevant experience as well as their lower bid estimate. Both bid responses came back with costs higher than the originally anticipated cost of the project. At this time we are not able to request additional funds from FDEM, and the City's share will increase from the previously expected $354,511 to $1,823,904. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $1,472,198 (75% / 25% Split FDEM and City of Sebastian) Total Cost: $2,223,228.10 for UESI contract (or $2,941,591.28 for total Phase II of project) Funds to Be Utilized for Appropriation: $1,117,687 FDEM Hazard Mitigation Grant $1,105,541.01 DST Funds for Local Match of UESI contract (or $1,823,904.28 for Local Match of Phase II of Project) Attachments: 1. Ferreira and UESI Bid Tabulation Comparison 2. Underwater Engineering Services (UESI) Inc. Cover Letter and Bid Sheet 3. Ferreira Construction Southern Division Co, Inc. Cover Letter and Bid Sheet Administrative Services Department iew: _ i City Attorney Review: Procurement Division Review, if ap icabl .� �ir City Manager Authorization: Date: 3'^ 267 of 302 EXHWU -I" BIL1 sHEET FOR THE CRYOT SEBASTM • 6TONECROPCANALRENARRJTATIAN IRQUEULAMMMPM15 FERREIRA UE `I NO. DEscwrIDN I OAT I OTY f UN17 PAtCT ' SCHEDULE VALUE UW OTY UM PRICY 1 f1s bB.4aBwrau. 1 AAm!nMtr.Oon 1.1 /urayL..lwu LB i 1 I S�i.3oo.70' a47�op.7 W I i7�0f0.80 a129.0e0110 12 A~Fw..y L8 I I 7 /18A10,00 :16,m2rm 118,41 IA 1 6sm� as32200 12 Gooloft co Tm" - - LB III 1 s13 LS I 670.180m 6ub•baLAl aea Nlou,ap mj SIIIALu1 dub WW sR. Y'wwllAnaou. I S1bt,667.D0 2 Ga4trY admtde vh* 2.1 Etosron Cerlad nFn�nN Pmhu!:nnrtufi@ryBwrkm) I LS 1 S44,5163C $4121 t]gII LC i A49'Taos tip �}Q.WI DpYy'-0IMBmeuloda msy lode .Me.e p3sa. 22 twrp, pur0lbp andmr dbe., Ditch Sow mwtla m.trlplrrd I L8 1 625I.9rp.30 375+ 0705' LS 1 I duMO.lum evefdcl I s4502iDq t67.Y71f,11(i. 23 Dwnff.m of Hcnpaml15 WW Removal of Plpcs C Lao" 5l LS 1 $5r,838,40 557 83a.45 LS 1 1$46.Or& 1i16 2A RAmwWofe.6eum.Ee1N CY 189fi 7101.39 6187r76i]tl CY 1696 512040 5727r'ynrt'dj 2.6 Lena Clearin and GrubW g LS 1 649,350.9C S49,330.9;I LS i 6154,510L0 1154,516A 0 26 RaRgval of *p. Fft tiM (Ind�mtad on She" C3 end CI) I LS 1 /189,25650 6186,23a.". LS 1 s57.500.00 552.6md 27 DtXhR ,raft SY 6.565 i11.00 $72,41$6 SY 6583 i1t.00 5175AT7, 29 C ne51. W 1 LNWny8h.*,g d Peww Pde. e5 LE 1 589,635.40 a69F554" LS _______. I ' 'hn'(Jora 1 940.176.00 ��II 811:m1 � �n a� 1Ye . Ra.d ROW ono hm Rm*nnp 2,6 to 7ojWdam. EpelhWLAEEN0I1 4k!iwbomsB must he SY 2.388 631A0 SB9.621.9" SY 23" rtolMd _ 133A0 /7sL1F S.$4. 1 Gerl4rr E■rWBke V&4t 37,0.17,6Ti.S7{ 6uhtaW Mlnr.l EvIh1SMA Wert QN7 3 Bbvcluo. JAL 04.3n m be brrrlhh0d ..a i .1d64d.Icw7• tc ndd bW w.) 3.1 1i' ADS f•F12 HDPE Pkm _ _ -- LF 70 f1d'7,_0I+II fI I'M LF 70 /N.NO.lIOI S2 FOOT Typo rC Intel EA 1 Ni,10o.oul S72,1 EA 7 623 J62, fSl.44S.Ep1 33 u4....1FM 6rar EA 5 BSr4f120 !! 610,a65.1 EA 3 S&IKm i74,480.001 5e T ,! I I r ADS I•t. b EA" ThMgh Mo + EA 1 /6,2f1A0 "CAC EA I 614.11/N S1A.17 A. 3.6 4w014 3C AM Pon w 1114r1(T W WP41 Moo I FA � 1 /2.211.39 SUM i0 EA d 61 i10.0r0A01 3.8 �w dr it Ckm pq wdav wd is n k"t EA I I I p2ti.30 62}14.7Id EA 1 Bfb•tW sµ•1Ts36 5ub-WUI wdw44N s175.09] i Pevrrh fAt trry lot. .A74.4d end.141..ed a.up1 .. no:4c frm.w.I 4.1 42 Danlelkn of ED.ty Pwwra.i E• TNok C8 k Saa...r. Ls 5 r I $16.601117t 250 smic sid s92.70 66,z7G LS of 750 f11 W:Sbd Cc 43 2S Th1d[TlA1. SP-125 Aapue! SF 7,225 112. i15,312 :14,407 BFI$2i "DA ypp•00 M 4.4 8' Tddl ease Count, SF 1,275 $1130 SF 1276 S17.0O f21.676.09 45 Ir Thkk SLebMmdBliOtdt SF I,= 16.70 8u64Dd1 P..wrwm $11.527. $94,71 ` SF 1J25 {22,Dql� 6ub4odl Pa.am.ld f 150,00� f tbbA/� f Onar Prarldtd WlAfW 1-%UtWMM(A9 R11106112tsb. diracdy Purdwd.nd lixrWd by owner uft%u?wA4.) I 1rwt46 Anrgllto SW U" wnh Gaal.ld/. Pw" (0d.,2. 6.1 Bsfilde. -t. to b. mod Into 61*4.1 f11om dUpC?y D..d,.wd try Sr 69 CAt 924M 61,406. N20 pi UPI, +Ifi 0VPW. D* ht WWm cost Le be kwh.d.d hwe In b1d) 6410I 6420 637.101 5.7A WaW Cm9Adl Inr Ca"m BrbOp (he-&mcUy M0Wmwf LS I S100.AS0,00 6100.4%.oa LB 1 -- - by o , ordy tddslltdrmtxat le b Ndd.d ton in bid) Ma _� f/i6.i0j I basrYJ faundWcm Per "I dWoM on suet CS dd. 0- - - 62B m coal m.F be squotod as a rant of Wm k! m L6 7 aaz353.10 682,553.10 LS 1 III u1f1�41ry1a7e. fRebaf Plo� �,yreederL f6216M RB 5�t Cam L. Ptepe Cc:•v.Ia PWA*6 Cwdrtdw- vdum4 to b. D.Urmbwd.M od)u" huW w Una PrLw) CY 34 51.667.w 66t�93.0p CY 34 MA" { 5.2A Grtrnyz•Slddo.trpaflAaLAm PrO.ked by CD.m.dLnr - Yot4rm La be DelarrrYrd arld aq,kZ d baa.d m Una Prsm) CY 8 $531 SC a4,035 70 CY 6 j dl-rgCrRIe.--AY IrGi�l�:3dS.I:,PfW�.f-a•A':L r-•f W 1 Y.eek by Cam. Add m.i Am. mwV b. gvolad A Il SSOGA.a4k at mwAttwa�arlw wwntnmcW m.y prcNdo LS I 5ume-s0 Ss9,B56.s: LB I etF"rd W offkmdlrg and k14EsU.9on.] tr+.7,em n�a1 subtotar 04n14r Pravld.d Mm.A.I in1.0.11..w 61,T33AILLN /ub LDWOwn4r Pr *dM4:4dd kwt.la1fDnA I Si34,ii3.1� TOTAL BID PRICE 92AMAPJI TOTAL H70 PRICE MITI~ B WdAhmummoa ffw4kMMb.p.widdw!rr.o a,.d 4re, Lya 00.1-.l R1 Rwarw of CC..w. Lwok Fm LF 45F I 116 t-J W473 LF "a � B1TA04.WI Bi Rww1w of41 Woad Foomo LF 770 $24K 54.233 LF lr0 1GT,00' f71 t0_a_gJ$ i s2 RMnw.l elV Wood F.. j LF 771. f 126 CO LF 325 f53.N, S//66tr,,]��3p5¢0�0 62 Rnrlwal of 6• PVC Fwtfa Lr - . „D 70 �1 ia2-�I ToW ew Ah.nuf4 4eq. 0 f22 / Trwl h!d AMrr1W MI41o, 461.7N,OO�I 1"AIDI UAS 6Z.us,Itril ALLYEOM 67,ttijlF.n LwAIi,lYyl 1 WYYLi. Ie :t'�iII,A.4 li i 7ii ,1 10A iJ4r r.l.l.. 4 125.1� F%OJECT CONSIDERING PROJECT CONSIDERING TOTAL AU 63MIXI0.66 TOTAL ALL 61,i41,ft11i SAVINGS IF UESI 158ELECTED s761,9592T �-N9i'SwneW rF]4l C,mf PIq�. IWZI 1`0Wrf,.,Lwpn4.mJLL.`.k P1 268 of 302 I I lr—m- 9! M I Commercial Diving i Marine Construction I Specialty Engineering i Nuclear Services February '14, 2023 Don Wixon Procurement/Contracts Manager City of Sebastian City of Sebastian — Stonecrop Canal Rehabilitabon ITB #23-D4 Transmittal Letter To Mr. Wixon: Underwater Engineering Services, Inc, is submitting our response to Invitation to Bid No 23-04 for the Stonecrop Canal Rehabilitation project. All information Included within the response are current and factual. All information provided should meet all minimum requirements listed in 1.2_ Bidder Underwater Engineering Services, Inc. 3306 Enterprise Road Fort Pierce, FL 34982 Contact Personnel Andrew Connelly VPIDirector of Project Development T72-429-9321 Ken Griffen President/CEO 772-429-9325 Randal Bazemore VP Construction Operations 772-429-9329 If you should have any questions please contact us at your convenience. Thank you, Andrew Connelly VP/Director of Project Development Underwater Engineering Services, Inc- 3305 Enterprise Road, Fort Pierce, Florida 34982 p (772)337-3116 • f (772)337-0284 An Equal OpportemttyEmployer 269 of 302 EXHIBIT "D" BID SHEET FOR THE CITY OF SE13ASTIAN - STONECROP CANAL REHABILITATION NO. DESCRIPTION I UNIT QTY J UNIT PRICE I SCHEDULE VALUE 1 Site MInellaneousIAdminlsfration 1.1 Survey layout LS 1 $129.080.00 :5120,080.00 1.2 As -Bulk Survey LS 1 $5,322.00 $5,322.00 1.3 Geotechnical Testing LS 1 $20,160.00 $20,180.00 Sub -total SXe Miscellaneous $154,61112.00 2 Conn EertlVStte Work 2.1 Erosion Control (SIR Fence/inlet ProteatiorWTurbldity Barriars) LS 1 $49,470.0D $49,470.00 Dewatering (Contractor's methods may include sheet piles, 2.2 temp. pumping and/or dikes. Ditch flow must be maintained LS 1 $43.925.00 $43,925.00 during storm events.) 2.3 Demolition of Headwalls and Removal of Pipes at Laconia St LS 1 $148,070.00 $148,070.00 2.4 Removal of excess material CY 1,896 $120.00 ; 227,520.00 2.5 Land Clearing and Grubbing LS 1 $154,510.00 45154,510.00 2.6 Removal of existing trees (Indicated on Sheets C3 and C4) LS 1 $52,250.00 $52,250.00 2.7 Ditch Regrading SY 6,583 $19.OD $>125,077.00 2.8 Coordination with Utilities / Shoring of power poles as necessary I_S 1 $40,176.00 $40.176.00 during the Installation Site Restoration (Sod) (Includes Road ROW and from armoring 2.8 to 2' outside the top of bank. Additional disturbanrev must be SY 2,388 $33.00 $78,t44.00 restored at contractors expense) Subtotal General Earth/Site Work $917,142.00 3 Structures (Ail items to be furnished and bwWled except as noted below.) 3.1 18" ADS N-12 HDPE Pipe LF 79 $500.00 $39,600.00 3.2 FDOT Typa'C' Inlet EA 1 $23.482.00 $23,482.00 3.3 Mitered End Section EA 3 $8,180.00 $24,480.00 3.4 Retrofit 18" ADS Pipe to Extend Through Met EA 1 $14,176.00 $14.175.00 3.5 Retrofit 36" ADS Pipe to Extend Through Mat EA 1 $16,070.00 $18,070.00 3.6 Cut of 12" CMP pipe and conned to new Inlet. EA 1 $8,405.00 $5,405.00 Sub4oW Structures $126,092,00 4 Pavement (Ail items to be furnished and installed except as now below.) 4.1 Demolition of Existing Pavement LS 1 $9,635.00 $9,635.00 4.2 6" Thick Concrete Sidewalk SF 260 $118,00 $29,5D0.00 4.3 2.5' Thick Type SP-12.5 Asphalt SF 1,225 $40.00 !M9,000.00 4.4 8" Thick Base Course SF 1,275 $17.00 $21,67$.00 4.6 12" Thick Stabilized Subgrade $F 1,326 $22.00 1f29,160.00 Sub total Pavement $138,880.00 P-2 P:%Cllents 202MCOWPendingXQ[ty of Sebasban%Uhlbit D, Stonecwp Bid Shesi (to be aubmittad with bid) 270 of 302 UES1 NO. (DESCRIPTION I UNIT ! QTY 1 UNIT PRICE I SCHEDULE VALUE S Owner Provided Nisterial Installation (Alt materials to be dtrectJy purchased and fumished by owner unless noted.) Install Armorflex S-30 Mats with Geotextile (Square footage 5.1 includes mats to be toed into slope.) (Item directly purchased by SF 58.081 $9.10 $520,537 10 owner, only installation cast to be included here in bid) 5 2A (install Contech 12'x6' Conspan Bridge (Item directly purchased by owner, only installation cost to be included here in bid) LS 1 $145,309.00 $145,309.00 install foundations per typical details on sheet C8 of the plans. 5.28 This Installation cost may be adjusted as a result of foundation LS 1 $8'W 00 $8,945.00 calculations. (Rebar Provided by Contractor) 5.2C (Cast in Place Concrete (Material Provided by Contractor CY Volume to be Determined and adjusted based on Unit Price} I 34 $1,176.00 $39,984.00 $ 20 Granular Subfootings (Malarial Provided by Contractor - CY 8 Volume to be Determined and adjusted based on Unit Price) I I I $4,650.00� $37,200.00 U111oa6ing of mstensis - 49 IrUM10a0s - (spreader bar incwneo for t week by City. Additional time may be quoted at $500Aveek 5.3 at contractor expense or contractor may provide equipment for LS 1 $74,716.00 $74,716.00 offloading and installation.) Subtotal Owner Provided Material Inntalltrflonaf $834,693.10 TOTAL BID PRJCEJ $2,171,469.10 a Bid Alternates (Services to be provided at unit price and onty bitted if deemed necessary) 6.1 Removal of 4' Chain link Fence LF 458 $38.00 $17,404.00 6.2 Removal of 4' Wood Fence LF 170 $67.00 $11,390.00 6.2 IRemoval of 6' Woad Fence LF 325 $53.00 $17,225,00 8.2 (Removal of 6' PVC Fence 1 LF 70 I $82.00 $6,740.00 I Total Bid Alternate Items $51,759.00 P-2 PACIients 2023YCOWPendingtCily of SebasbanSExhibil D, SlDnnt[op aid Sheet (to be &Ubrnft d with bid) 271 of 302 FERREIRA coy,ffeqco- wr- Transmittal Letter February 14, 2023 To: The City of Sebastian 1225 Main Street Sebastian, FL 32958 From, Ferreira Constnrctian Southern Division Co., Inc. 13000 SE Flora Avenue Hobe Sound, Florida 3955 Re: ITB #23-04 Drainage improvements In The Stonecrop Drainage Watershed Ferreira Construction Southern DlvWon Co., Inc, has reviewed the requirements and terms contained In the City of Sebastian's, ITB # 23-04, Drainage Improvements In The Stonecrop Drainage Watershed. Ferreira Construction c:ertfies that it meets all the requirements listed In section 1.2. We acknowledge the addendum and will fully comply with the requirements. This package contains the requested information that will assist the Selection Committee In determining the experience of our Underground and Marine Divisions and the company in general. Should any additional information be necessary to assist you in the process, please do not wtate to contact our office, Sinrewll John Ciabaffari - Vice President Ferreira Construction Southern Division Co.,'Inc. (772)28"123 �cia; battarkerreiraconstructiomcam 13000 SE Flora Avenue, Hobe Sound, FL 33455 Phone (772) 286-5123 Fax {772i 288-5139 www.ferreiraconstruction.com An Equal Opportunity Employer 272 of 302 FERREIRA D0tNerr w'" SID SHEET FOR THE CITY OP SEBASTIAN - STONECROP CANAL REHABILITATION NO. DESCti1PT1ON 11 Site Vhwellaneous / Administration 1.1 Survey Layout 12 As-Bullt Survey 1.3 Geotechnical Testing 2 Gsnerall Eerlid8tte Walt 2.1 Erosion Control (Sill Fenoe/lnlet Protecdow7urbidity Barriers) Dewatering (Contractor's methods may Include sheet plies, 2.2 tamp- pumping and/or dikes. Ditch flow must be maintained durfnc, storm events.) 2.3 Demoliflon of Headwalls and Removal of Pipes at Laconia St 2A Removal of excess material 2.5 Land Clearing and Grubbing 2.6 Removal of existing trees (Indicated on Sheets C3 and C4) 2.7 Ditch Regrading 2.8 Coordination with lltlldles / Shoring of power poles as necessary during the installation Site Resloratlon (Sod) (Includes Road ROW and from armoring 2.9 to T outside the top of bank. Additional disturbances must be restored at corltractces expense) UNIT I QTY UNIT PRICE SCFIEDULE yALUE LS 1 54 AIA70 $4y,$00.70 LS 1 $18,419.00 618,419M LS 1 S18,6162.80 $151882.80 Sub -total Site M I"elimmmAl Ie1,>IQ2. so LS 1 $44,518.20 $44,510.20 LS 1 $264,070.30 $264,070.30 LS 1 $57,838.40 $57,838.40 i CY 1,896 5104.30 $197,785.311 LS 1 $49,350.90 $49,350.90 1 LS 1 $188,236.50 $188,21%.50 SY 6.583 $11.00 $72,416.671 LS 1 $89A36.40 S89.636.40 Sy 2,368 $35.40 $83,821.89' Slub4otal General Earth/Site Work $1,037,673.57I 8 I3trnnestuntss {All ttiems nd to be fumished e&►tebslied exoW as noted below.} _ _ 3.1 18" ADS N-12 HDPE Pipe LF 79 $147.30 $11,636.70 3.2 FDOT Type 'V lnlet EA 1 $12,108,50 $12,108.60 3.3 Mitered End Section EA 3 $3,451.70 $10,355.10 3.4 Retrofit 18" ADS Pipe to Extend Through Mat FA 1 $6,241.40 $6,241,40 3.5 Retrofd 38" ADS Pipe to Extend Through Mat EA 1 $2,21430 $2,214.30 3.6 Cut aft 12" CMP pipe and connect to new inlet EA 1 $2,214.30 $2,214.30 Sub -total Structumsi -_ $44,770.30 4 Pavement (AN Rama to be fumis#red end Installed exoept as noted tWow.) I 4.1 Demolition of Existing Pavement LS 1 $16,692,70 $16.092.70 42 6" Thick Concrete Sidewalk SF 250 $25,10 $6,276.00 4.3 2.5" Thick Type SP-12.6 Asphalt SF 1,225 $12.50: $15.312.50 4.4 8" Thick Base Course SF 1.275 $11.30 $14,4%.60 4.6 12" Thick Stabilized Subgrade SF 1.326 $8.70 $11.527.60 Sub4otat PavrsrrwrR OK21IL201 8,1EstJmaUngTCS ES IMATEM231tndien RiverCountyStone=p Canal Fi"b@It 11DnlPmposeflBld #23-04 Fx-0, Sfane=p Drainage Watershed for the of Sebastian Bid Sheet (to be aubmitted wkh bid) 273 of 302 FERREIRA NO. DES[aR FMN UNIT QTY UMfi PRICE SC�Dl1iE VALUE 5 Owner Pravlded Materlal Instelleiions (All mater�is to be dine. purch99W and furnished by owner unless nated.j Install Armorfiex S-30 Mats with GeotexUle (Square footage 5.1 includes rnats to be hoed into slope.) (item directly pur&iesed by SF 68,081 $24.20 $1,4MAIK120 owner, oNv installation cast to be DrAuded here in bid i 5.2A Install Contech 12W' Conspein Bridge (item directly purchased LS 1 $100,460.00 I $100,460.00� by owner, only Instaliation cost to be included Irene in bid) Install foundations per typical details on sheet C8 of the plans. 6.213 This Installation cast may be adjusted as a result of foundation LS 1 $82,353.10 $82,353.101 c� caltlona. (Reber Provided by y Contractor) 5.2C Cast In Place Concrete (Material PnYAded by Contractor - CY 34 $1,607.50 $51,600.00 Volume to be Determined and adjusted based on Unit Price) 5.21) Granular Subfootings (Material Provided by Contractor - CY (l $531.2t1 $4,035.70 Voturne to be Determined and adjusted based on Unit Price) U loading 0; matenals - 4 P truckloaas - t spreader tear rnc=udad - -. - - 5 3 for 1 week by City. Additional time may be quoted at $500lweek L8 1 $8906.80 t(3918ssfi,$0 at contractor expense or contractor may provide equipment for offloading and Installation.) Sub -total Owner Provided iAatetiei Installationsr -;1,733'A Al — TOTAL BID PRICE �2�!$61,69T.371 8 Sill AlterneW s (Servioes to be provided at unh prise and 0111y bUM i(Tdemed necessary) 0.1 Removal of 4' Chaln Link Fence LF 468 $16.50 $8,473.00 6.2 Removal of 4r Wood Fence LF 170 $24.90 ; =-- .00 62 Removal of 6' Wood Fence LF 325 $28.00 $8,460.00 6-2 Removal of &' PVC Fence LF 70 $30.20 $2,114.00 Total Bid Alternate Items $23,270.00 S:1EeU=ttngWCS EUnMATE12D23llndlan River County%StorABcmp Carml Rehablli 80ri%Pmposa101d # 23-04 Ex-6; Stonecfpp Drainage Watershed for tha EV or Sebastian Bid Sheet (to be submitted with bid) 274 of 302 Oft OF SEBAST" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 8, 2023 Agenda Item Title: Contech ArmorFlex and Conspan Bridge Purchase for Stonecrop Drainage Improvement Project Recommendation: Approve sole sourcing and purchasing the products produced by Contech Engineered Solutions Background: The City of Sebastian is currently in Phase II of the FDEM (Florida Department of Emergency Management) HMGP (Hazard Mitigation Grant Program) funding agreement for the Stonecrop Drainage Improvement project which includes revetment of the Stonecrop drainage canal banks, as well as a Conspan bridge at Laconia Street. A preapproved Budget/Cost sheet for the project has been provided by FDEM and allows a maximum total cost of $945,620 for both the ArmorFlex and Conspan materials. AmorFlex Mats are a specialized product for canal revetment that is only supplied by Contech Engineered Solutions. Since the shop drawing for all components are very project and site specific, we are looking to sole source and purchase both the ArmorFlex and Conspan construction supplies through Contech in order to reduce wait time for the shop drawings during construction as well as save the cost of tax on the purchase. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $945,620 (75% / 25% Split FDEM and City of Sebastian) Total Cost: $656,123.18 Funds to Be Utilized for Appropriation: $492,092.38 FDEM Hazard Mitigation Grant $164,030.80 Discretionary Sales Tax Fund Attachments: 1. Extraordinary Procurement Certificate 2. Contech & Carter Associates Sole Source Letters 3. Contech Engineered Solutions Quote 4. FDEM Approved Budget Sheet Administrative Servic City Attorney Review: Procurement Division es Departme evie . Review, i a li .f PP a City Manager Authorization: Date: 275 of 302 CrrYOF �E HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sale Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the ProcurementlContracts Manager and City Manager. DATE: 2/21/2023 TO: Don Wixon DEPARTMENT HEAD: Karen Miller DEPARTMENT: Stormwater TYPE OF PURCHASE; ❑ Emergency Single Source ® Sole Source PROPOSED VENDOR: Contech Engineered Solutions ITEMS OR SERVICES Conspan Bridge, AnnorFlex fabric and mats with spreader bar. These are REQUIRED: being purchased for the Stonecrop Canal Rehabilitation Project. JUSTIFICATION FOR EXCEPTION TO NORMAL, PROCUREMENT PROCEDURE; The ArmorFlex Mats are a specialized product for canal revetment that is only supplied by Contech Engineered Solutions. As the shop drawings for all components are very project and site specific, we are also purchasing the Conspan Bridge system from Contech Engineered Solutions so the two interrelated components can be designed and delivered in tandem. CERTIFICATION OF AVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent needlamergency for the purchase of the goodsiservices and the emergency Is such that a delay through the use of normal competitive procurement methods to acquire such good Iservlcei would not be In the public's best into rest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one sourer Is available or (3) the supplier of the goods/services requested Is the sole source supplier. Submitted: Date: 2/21/2023 Department }lead Signature Approved: / ram" Date: 3 Z �' — Don Wixon, ProcurementlContracts Manager Approved: Date: Paul E. Carlisle, City Manager 276 of 302 C pu NTECHS ENGINEERED SOLUTIONS February 01, 2023 Karen Miller City of Sebastian Director of Public Works 1 City Engineer Re: Justification and Supporting Documentation for Proprietary Product Systems for Stonecrop Canal Rehabilitation Project Contech Engineered Solutions LLC 9025 Centre Pointe Drive, Silte 400 West Chester, OH 45069 Phone: (513) 645-7000 Fex:(513) 645-7993 www.ContechES.Ccro Dear Karen, The intent of this letter is to provide justification for the direct purchase of proprietary products that are to be used on the referenced project. Contech Engineered Solutions product systems provide the optimal erosion protection and hydraulics design needs of canal armoring and crossing at Laconia Street. The products specified are Armorflex 30S Articulating Concrete Block and 12' Clear Span CON/SPAN open bottom culvert. CON/SPAN is a complete precast modular system of efficient arch spans, headwalls and wingwalls, as needed for the crossing. Armorflex is proven to be a much more efficient, higher performing and aesthetic alternative to dumped stone riprap for the canal lining. These prefabricated solutions allow for quick installation, reduced site preparation time, lower overall costs and require minimal to no maintenance. Sale source specification of Armorflex and CON/SPAN for these applications also provides ideal project synchronization. Implementation of these products are turn -key from the same producer Contech Engineered Solutions, and they are locally produced. It is also suggested that these products be purchased in advance of construction contracts. The designed applications of these products are custom and will require advanced lead times for production. This product and request are in accordance with Florida Department of Transportation standards as well as FHWA regulation 23 CFR 635.411 which is written to encourage innovation and allows government agencies to use proprietary products. Please contact me at should you have any questions or need additional information. Thank you for your interest in, approving the sole source specification and direct purchase of CON/SPAN and Armorflex. Respectfully, James M. Park, PE Bridge Consultant 277 of 302 CARTER ASSOCIATES, INC. CONSULTING ENGINEEMS AND LAND SURVEYORS 1700 21h1 STRI-T.T • VERO OF:Al ll. MORIDA ]2960-J472 • 772 :MI.4191 • 172•4 i2.71NO iFAN i IUNN It 10 1 m I' I . 11RINCIPAI I)AVIU F. I 1 1.110F_ P N1 PRINCIPAI (H (INC; .1 �iAIIINS. P 1.. PRINCIPAI PAIRR!,' ti. A Al IFII.R.I'l . PRINCIPAI MARVIN V CAR"TFR. PS AI . CunUuluuli iu di.• 1 iml III AN I I OF 1-1111- 1' F 1. . 1 "4f1AH1r41d1 uo dIr Firm February 14, 2023 Ms. Karen Miller, P.E. Director of Public Works / City Engineer Public Works Department City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Sole Source Purchase Dear Ms. Miller: R001JU N JCIFINSIIN P.S M. C1.INTM J. RAHMS, RE I YLER N. SPENCER 1'.I: T71F.VlIRG SIUMIS,111 PIease accept this letter in support of sole sourcing of the products produced by Contech for use in the Stonecrop Canal Rehabilitation. Contech Engineered Solutions product systems provide the optimal erosion protection and hydraulics design needs of canal armoring and crossing at Laconia Street. The products being specified are 30S Armorflex Articulating Concrete Block and 12' Clear Span CON/SPAN open bottom culvert. Specification of Armorflex and CON/SPAN for these applications also provides ideal project synchronization. Implementation of these products are turn -key from the same producer Contech Engineered Solutions and they are locally produced. It is also suggested that these products be purchased in advance of construction contracts. The designed applications of these products are custom and will require advanced lead times for production. Sincerely, CARTER ASSOCIATES, INC. Clinto . Rahjes, P.E. Project Manager Cc: Don Wixon, City of Sebastian PA21-349 City of Sebastian - StonecrepMocslSole Source,docx Page I of AI.s.sewing hkxiw snr KAI 278 of 302 O 1l1� ���NTECR Quotation ENGINEERED SOLUTIONS A QUIKRiETE® COMPANY Quote # QUO-530039-W2X6W6 Date 12/16/2022 Account Name City of Sebastian Florida Quote # QUO-530039-W2X6W6 Contact Name Karen Miller Phone (772)388.8205 Project Name Stonecrop Canal City of Fax Sebastian Project# 722370 Email Page# 115 I Contech Rep. James Park Address 8250 62nd Street, Pinellas Park, FL, 33781 Phone 407-506-2803 Fax Project Sebastian, FL Email James.Park@ContechES.com City/State Contech's offer to sell the products described In this quotation Is expressly conditioned upon Buyer's assent to the Contech Conditions of Sale ("Contech COS") Included herewith andfor viewable at www.conteches.cemlcos. A valid tax exemption certificate must be Issued to Contech or sales tax will be added. CON/SPAN B-Series- 1.00 1.00 $161,300.00 EA $161,300.00 64 linear ft. of 12 ft. Span x 6 ft. Rise CONISPAN Precast Bridge Units, 8 Units, 8 ft. typical Lay length. HL-93 loading, 1.5 ft. Max Cover. 2 Attached Precast Headwall(s) - (2 ft. tall, 2 ft. tall). 4 Precast Wingwall(s) - (12 ft. long, 12 ft. long, 12 ft. long, 12 ft. long). Heaviest pick weight = 12.5 Tons. ArmorFlex 30 Small MAT - 58081.00 58081.00 $6.78 SF $393,789.18 Cable Type : Polyester, Final quantities determined by approved shop drawings ArmortecFabric- 21,00 21.00 $991,00 EA $20,811.00 Site -specific Geotextile (3,600 sflroll) Delivery to jobsite or nearest over the road truck location in the 49.00 49.00 $1,627.00 EA $79,723.00 vicinity of Sabastian, FL Includes 1 week of spreader bar rental, additional time available for 1,00 1.00 $500,00 EA $500.00 $5001week Total $656,123.181 (Tax not included) Net Total $656,123.18 1.1. Spreader Bar rental rate is $5001week until returned. Customer will be invoiced $20,000 for spreader bar if not returned within 30 days of the final shipment of material. 2. Typical spreader bar weighs 3,800-lbs. 3. Bar will arrive with delivery of mats, but may not necessarily arrive on initial truck. 4. Spreader Bar rental does not include rigging or cables. 2.AII orders must be shipped within 30 days of manufacture. Should you be unable to accept delivery of materials at the agreed upon time, a storage charge equal to a maximum of 5% per month of the selling price of the stored material applies. Refer to Article 19 Contech CONDITIONS OF SALE. 3.Allowable unloading time for delivery trucks is two (2) hours. Demurrage charges of $100.00 per hour thereafter will be added. 4.Construction loadings typically exceed the intended post -construction live load used for design. Contact your Contech representative for specific guidelines and limitations based on the construction live loads anticipated. 5.Flexible structures of the type on this project are reliant on the type of structural backfill used, the compaction of that material and the balanced placement of structural backfill. Contact your Contech representative for specific information. 6.In addition to any other procedures outlined or remedies provided, at the time of order, Contech wilt request a desired delivery date for the quoted materials from the purchasing customer. After drawing approval and prior to manufacturing Contech may again confirm the requested delivery date with the purchasing customer. If purchasing customer cannot take delivery of finished materials within 30 days of requested date, and after Contech has manufactured the product(s), Contech will invoice for the total amount of the order with payment due within 30 days. Additionally, Contech may also assess fees in the amount of 5% per month of the selling price of the stored materials that are not shipped within 30 days after the requested delivery date for storage and handling. 7.Qne or more of the products quoted herein is nonstandard and not returnable. A down payment equal to 113 of the item(s) total is required and must be received prior to commencement of any performance by Contech. S.Prices are based an standardized loading to achieve full truckloads. If special loading requirements are needed additional freight charges will be added. 9.Prices are f.o.b. origin with freight allowed to the jobsite with unloading by others at a truck accessible location. 10.Quotation is based upon estimated (not guaranteed) quantities. Buyer must verify final quantities needed prior to commencement of work by Contech. If Buyer elects to purchase from Seller only a portion of the material quoted, Seller retains the right to adjust its prices. 279 of 302 �1 ' .►i N T E C H ' Quotation Page#215 ENGINEERED SOLUTIONS A QUIKRETE@ COMPANY Quote # QUO-530039-W2X6W6 7M 11.The estimated lead time for the submittal package is 1-2 weeks from the receipt of a signed purchase document and receipt of the required design documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for initial shipment of this material is 6-8 weeks from the receipt of approved submittal documents. 12.The estimated lead time for the submittal package is 5-6 weeks from the receipt of a signed purchase document and receipt of the required design documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for this material is TBD from the receipt of approved submittal documents. 13.The material included in this quotation is to be designed and manufactured exclusively for this project, is not subject to cancellation and cannot be returned to stock. See Section 16 of the Contech COS. 14.The sale of these materials requires a preconstruction meeting be held that must include Contech and all parties directly involved in the construction process. IS -This quotation expires 30 days from the date shown. Prices are firm for shipment within 90 days of the date of quotation and are subject to a maximum escalation of 8% for each 30 days thereafter. 16.This quote is based on live off loading ONLY and is the responsibility of others. The loads will be delivered as close to the project location as trucks can reasonably access and be driven under their own power without specialized equipment. Oversized loads warrant additional consideration and providing suitable access shall be the responsibility of the contractor/customer. The driver(s) will leave hard surface public roads only at their discretion but is not obligated to do so. If driver agrees to access a site under any other conditions, customer may be subject to additional costs. Due to curfews and other travel time restrictions on over dimensional loads, the customer shall be responsible for additional costs associated with weekend, holiday or Monday delivery requests. Cancellation of scheduled delivery loads requiring permits within 48hrs may result in additional permits and will be the responsibility of the purchaser. Specialized haulers and or equipment are utilized in the shipping of bridge components (ie "trailer rental"), costs incurred by CONTECH due to cancellation and or postponement of the delivery of bridge components will be the responsibility of the purchaser. Staging/Jockeying of trailers can be provided upon request for an additional fee. 280 of 302 OWNTEC R Quotation Page# 315 ENGINEERED SOLUTIONS A QUIKRETE@ COMPANY Quote # QUO-530039-W2X6W6 ArmorFlex Pricing includes the following work by Contech: 1. Quantities a. The quantities and block class(es) quoted herein are based on representation of the project by others and our interpretation of their project plans and specifications. b. Actual quantities needed may vary and is to be determined by the BUYER who agrees to pay for all quantities shipped and invoiced. c. The buyer is responsible for verifying final quantities and block class(es) necessary to fulfill the requirements of the project. 2. Spreader/Lifting Bar a. If requested, a lift bar (not including rigging or cables) can be rented directly from Contech. b. Spreader Bar rental rate is $5001week until returned. Customer will be invoiced $20,000 for spreader bar if not returned within 30 days of the final shipment of material. c. Typical spreader bar weighs 3,800-lbs. d. Bar will arrive with delivery of mats, but may not necessarily arrive on initial truck. 3. Delivery a. Buyer shall approve mat layout and provide sequencing prior to commencement of production. b. The estimated lead time for the submittal package is approximately 1-2 weeks from the receipt of signed purchase document and receipt of the required design documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for initial shipment of this material is 6-8 weeks from the receipt of approved submittal documents unless specified elsewhere. Please note that mat layout drawings are not P.E. stamped drawings. c. The buyer and seller will agree to a specific delivery date at the time the order is placed. This date will be confirmed or modified as necessary by our production representative and the buyer prior to production of materials. Once an agreed upon date has been established, the buyer will be asked to confirm in writing the agreed upon date. In the event the buyer cannot accept delivery by the agreed upon date, the buyer will be invoiced for the material in full and pay a storage fee not to exceed 5% per month of the selling price of the stored materials. d. Sequential mat shipping is not guaranteed. k. Geotextiles a. The performance of the block system is dependent on the geotextile included herein. b. The quantity shown for the geotextile is an estimate based upon interpretation of the plans. c. Overlaps and waste may require up to 30% additional square footage of geotextHe than the square footage of the block revetments. This additional amount has been included in the pricing of this job. 5. Other a. Damage to access roadways is not the responsibility of the trucking firm or Contech. b. Mats must be grouted end to end (where cable loops meet). Also, most projects require all gaps between mats greater than 2" to be grouted. Cost of grouting is the responsibility of the contractor. 6. To the fullest extend permitted by law, customer shall defend, indemnify, hold harmless and reimburse Contech and its affiliates, parent corporations, officers, directors, employees and agents, as well as its successors in interest, from for and against any and all claims, liens, suits, actions, losses, costs, expenses, damages, penalties and liabilities, including but not limited to attorney's and expert witness fees, whether actual or alleged, and whether directly incurred or from third parties, which arise out of or relate to the provision of Contech owned equipment for customers or its contractor's, employee's or agent's use or the use of the Contech owned equipment by the customer, its contractors, employees or agents. CONISPAN CON/SPAN Bridge pricing includes precast concrete units, joint sealant material, masonite shims, associated headwalls and wingwalls (if specifically listed in Contech's bid line item description), filter fabric for vertical wingwall joints and perforated drain tile behind precast wall system. Contech will provide contract drawings, fabrication drawings, structural calculations upon request, and on -site consultation during installation of precast units. Pricing does not include any site preparation, foundation work, installation of any kind, or backfill monitoring. Temporary shoring of the precast arch is required when placing concrete for cast in place headwall and may be required prior to installation of precast headwall, When required, shoring shall remain until arch is backfilled to minimum cover. Arch shoring design, shoring materials, site inspection, and certification of field construction is not included. As part of the construction process, the contractor is to perform the items listed below in accordance with the Contech contract drawings: 1. Construct cast -in -place foundations or install precast foundations as appropriate 2. Unload and set structure utilizing crane 3. Grout the unit legs and wingwalls into the keyway k. Apply all joint sealing material 5. Excavate for and backfill the structure (Select backfill material is required per CONTECH specifications) 6. Any and all permits, inspection fees, flagmen, barricades, Flares, traffic control devices, utility protection, and/or other safety devices as may be required All materials and services that are not expressly included in the aforementioned scope of work are excluded and subject to additional charges. 281 of 302 C =::= NTECR Quotation Page# 4/5 ENGINEERED SOLUTIONS A QUIKREiE® COMPANY Quote # QUO-530039-W2X6W6 PAYMENT TERMS ARE 112 % 10, NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NON-STANDARD ABOVE. IF NON-STANDARD, PAYMENT TERMS ARE 113 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION, 213 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 39 DAYS FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED, CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS, BUYER'S SIGNATURE BELOW, DIRECTION TO MANUFACTURE, OR ACCEPTANCE OF DELIVERY OF GOODS DESCRIBED ABOVE, SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF ANDIOR ON BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC. Acceotance Contech Engineered Solutions LL WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL By James Park TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech COS INCLUDED HEREWITH AND VIEWABLE AT www.conteches.comlcos Company (0) 407-506-2803 By (F) Title (Cell) Date Title 282 of 302 .'ONTECH� Quotation Page#515 ENGINEERED SOLUTIONS A IFUIKRETEO COMPANY IOUDte # QUO-530039-W2X6W6 1. ACCEPTANCE. This quotation is an offer to sell to potential customer(s). BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED TO BUYER'S ASSENT TO THE TERMS AND CONDITIONS PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED HEREIN. 2. LIMITED WARRANTIES. Seller warrants that it can convey good title to the products sold under this contract and that they are free of liens and encumbrances. Seller also warrants that the products sold under this contract are substantially free from defects in material and workmanship for a period of one year after the date of delivery. There are no express or implied warranties w€lh respect to products sold hereunder which are misused, abused or used in conjunction with mechanical equipment improperly designed, used or maintained, or which are used, supplied for use or made available for use in any nuclear application of which Seller has not been notified in writing by Buyer at the time of order for the products sold hereunder. SELLER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. 3. LIMITATION OF BUYER'S REMEDIES AND SELLER'S LIABILITY. Seders liability hereunder shall be limited to the obligation to repair or replace only those products proven to have been defective In material or workmanship at the time of delivery, or allow credit, at its option, Seller's totat cumulative liability In any way arising from or pertaining to any product or service sold or required to be sold under this contract shall NOT In any case exceed the purchase price paid by Buyer for such products or services. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR LABOR, OR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY TYPE, WHETHER BUYER'S CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE. IT IS EXPRESSLY AGREED THAT BUYER'S REMEDIES EXPRESSED IN THIS PARAGRAPH ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES. 4. LIMITATION OF BUYER'S REMEDIES AND SELLER'S LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND EXCLUSIVE REMEDIES AND SELLER'S ONLY LIABILITY FOR ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH IN PARAGRAPH 3 OF THIS CONTRACT. 5. FORCE MAJEURE. In any event and in addition to all other iimitations staled herein, Seller shall not be liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance, which is (€) due to any act of God, the performance of any government order, any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to taw, local labor shortage, fire, flood or other casualty, governmental regulation or requirement, shortage or failure or raw material, supply, fuel, power or transportation, breakdown of equipment, or any cause beyond Seller's reasonable control whether of similar or dissimilar nature to those above enumerated, or (ii) due to any strike, labor dispute, or difference with workers, regardless of whether or not Seller is capable of settling any such labor problem. 6. BUYER'S OBLIGATION TO PASS ON LIMITATION OR WARRANTIES AND REMEDIES. In order to protect Seller against claims by Buyer's buyer, if Buyer resells any of the products purchased under this agreement, Buyer Sri Include the language contained in paragraphs 2 and 3 of this agreement, dealing with Seller's limitations of warranties and remedies, in an enforceable agreement with Buyer's buyer, or otherwise include language in an enforceable agreement with its buyer that makes Sellers limitation of warranties and remedies binding on its buyer. Buyer shall also include a provision in its agreement with its buyer applying Ohio law to any claims its buyer might assert against Seller with respect to products manufactured by Seller, and requiring its buyer to bring any such action against Seiler either in federal district court in Cincinnati, Ohio or the common pleas court for Butler County, Ohio. Buyer shall defend, indemnify and hold Seller harmless from any and all claims, causes of action, damages, losses or expenses (including reasonable attomeys' fees) that Seller Incurs by reason of Buyers failure to comply with this paragraph. 7. PASSAGE OF TITLE. Tide to the products sold hereunder shall pass upon delivery to the carrier at the point of shipment Neither Contech - CONDITIONS OF SALE Buyer nor the consignee shall have the right to divert or reconsign such shipment to any destination other than specified in the bill of lading without permission of the Seller. Unless otherwise agreed Seller reserves the right to select the mode of transportation. 8. PAYMENTS AND LATE CHARGES ON PAST DUE ACCOUNTS. Buyer represents that Buyer Is solvent and can and will pay for the products sold to Buyer in accordance vrith the terms hereof. If Buyer shall fall to comply with any provision or to make payments in accordance with the terms of this contract or any other contract between Buyer and Seller, Seller may at its option defer shipments or, without waiving any other rights It may have, Laminate this contract. All deliveries shall be subject to the approval of Seller's Credit Department. Seller reserves the right, before making any delivery. to require payment in cash or security for payment, and If Buyer fails to comply with such requirement, Seller may terminate this contract. A late charge of 1-1/2%monthly (18% annual rate) or the maximum allowed by state law, if less, will be imposed on all past due accounts, and Buyer is responsible for all costs of collection Including without limitation reasonable altomeys' fees and court costs. 9. TRANSPORTATION CHARGES. Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reflect changes in transportation charges 10, CLAIMS BY BUYER. Buyer shall thoroughly inspect products sold under this contract Immediately upon receipt to verify conformance with the specifications of the contract. Buyer must notify Seller of claims for failure or delay in deliverywithin 30 days after the scheduled delivery date. Buyer must notify Seller of any claims for nonconforming or defective products within 30 days after the nonconformity or defect was or should have been discovered. In addition, Seller must be given an opportunity to investigate the claim before Buyer disposes of the material, or else Buyer's claim will be barred. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless the Buyer shall have entered full details thereof an its receipt to the carrier. 11. MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analysis are the result of tests performed on specimens obtained from speck locations of the product(s) in accordance with prescribed sampling procedures; any warranty thereof is limited to the values obtained at such locations and by such procedures. There is no warranty with respect to values of the materials at other locations. 12. PATENTS. Seller shall indemnify Buyer against attomays fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the material delivered hereunder in itself constitutes an infringement of any U.S. patent, provided Buyer gives Seller prompt notice of any such suit being brought, gives Seller the opportunity to defend any such suit, and cooperates with Seller vdth respect to any such defense; unless the material Is made in accordance with material designs, or specifications required by Buyer, in which case Buyer shall similarly indemnify Seller. 13. PERMISSIBLE VARIATIONS. The products sold hereunder shall be subject to Seders standard manufacturing variations, tolerances and classifications. 14. TECHNICAL ADVICE. Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the design requirements of Buyer's project and are suitable for Buyer's intended application. Buyer further represents that it has not relied in any respect on any written or oral statements or advice from Seller, other than the standard product specifications set forth in the most recent addition of Sellers published product brochures, in making that determination. 15. TAXES. No taxes Imposed with respect of the sale of the products or services sold hereunder are Included in any quotation by Seller. All applicable taxes shall be added and paid by Buyer in addition to the purchase price. 16. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this contract in whole or in part upon notice in writing to Seller. Seller shall thereupon cease work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for the purpose of performing this contract, and Buyer shall pay Seller the sum of the following: (1) the contract price for all products which have been completed prior to termination; (2) the cost to Seller of the material or work in process as shown on the books of Seller In accordance with the accounting pracfrca consistently maintained by Seller plus a reasonable profit thereon, but in no event more than the contract price; (3) the cost f.o.b. Seller's plant of materials and supplies acquired especially for the purpose of performing this contract; and (4) reasonable cancellation charges, if any, paid by Seller on account of any commitmeri made hereunder. 17. SELLER'S RIGHT OF TERMINATION. In addition to the other rights of termination provided for in this contract, and if this contract is made pursuant to any governmental rule or regulation, plan, order or other directive, upon the directive, effected or impalred.torminatlon thereof. Seller shall have the option of canceling this contract in whole or in part. 18. WAIVER. Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other or future rights or occurrences. 19. DELIVERY. Unless otherwise agreed to in writing by the Seller, the Buyer hereby agrees to take delivery of the materials on this order within the later of thirty (30) days after the wanted date shown on the face of the order or within thirty (3D) days after notification, oral or written, that the materials are ready for shipment. In the event that the Buyer does not arrange to take delivery of the materials in accordance with this Contract, Seller, at Sellers option, may: (a) Invoice the Buyer for the materials less freight if applicable; store the material in Seller's yard for a period not to exceed sixty (60) days from the date of invoice; charge a storage fee not to exceed 5 % per month or fraction thereof of the selling price of the stored materials; add any applicable price increases listed on the face of the order; charge for any repair work to protective coatings harmed by weathering while such material is being stored; and charge applicable freight when shipment to the Buyer is made. Materials remaining in storage after sixty (60) days from the invoice date shall become the property of the Seller for disposition at the Seller's discretion. In that event, Buyer shall not be liable for the invoice price of the materials, but shall be liable for the storage fee and any repair work to protective coatings; or (b) cancel the order and invoice the Buyer for cancellation charges, which shall be 25% of the selling price of the materials if the materials are standard, in -stack material, or the full selling price If the materials are special or nonstandard in nature and were especially fabricated for the Buyer, 20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any action by Buyer against Seller relating to this contract or the products sold hereunder, including, without limitation, any action for breach of contract or warranty, or otherwise in connection with the products sold under this contract, must be commenced by Buyer against Seiler within one year after the cause of action therefore accrues or one year of delivery of the products sold hereunder, If less. 21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and conditions of any purchase order or other instrument issued by the Buyer, in connection with the subject matter of this document, which are In addition to or inconsistent with the terms and conditions expressed herein, will not be binding on Seller in any matter whatsoever unless accepted by Seiler in writing. 22. SEVERAMLITY. In case any provision of this contract shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shali not in any way be affected or impaired. 23. APPLICABLE LAW. This contract shall be governed by, and construed and enforced in accordance with, the laws of Ohio. Buyer and Seiler specifically agree that any legal action brought relating to this contract shall be brought and tried exclusively in the federal district court in Cincinnati, Ohio, or, in the absence of jurisdiction, the Butler County Court of Common Pleas in Hamilton, Ohio. REV. 03115 283 of 302 FDEM APPROVED BUDGET SHEET Highlighted portions are related to these Contech purchases Section IV. Budget/Costs ID# 4337-325-R This section, provide details of all the estimated costs of the project. As this information is used for the Benefit -Cost Analysis, reasonable cost astimates are essentiet. Pro -Award Costs, Project Management, and any Contingency (maximum 5%) need to be reported as separate line items. All cost estimates murided to the nearest dollar. A. Materials: Any Material utilized to complete project (include acquistion of property) Item Unit Qtlr Cost oar Unit Cast Erasion Contrul 3400 $2.75 $9,350.00 Type I Turbidity Barrier 2 $1,000.00 $2,000,00 Soil Tracking Prevention 1 $5,000.00 $5,000.00 Fill Material 1000 $18.00 $18,000.00 Landscape Allowance 1 $10,000.00 $10,000.00 Sod 2000 $3.25 $6,500.00 Xrmorflex Articulating Concrete Block Revetment System 5383 $140.00 $753,620.00 Nylopiast Yard Basin 4 $300-00 $3,200.00 Contech Conspan Structure 64 $3,000.00 $192,000.00 Stormwater Mitered End Sections 2 $500.00 $1,000.00 Road Pvmt Section (Sub -grade, base, asphalt) 210 $60.00 $12,600.00 Sidewalk 50 $23.50 $1,175.00 Fence (Repair) 1 $12,000.00 $12,000.00 Sub -Total $1,026,445.00 B. tabor: include equipment costs. Please indicate all "soft', In-house("`), or In -kind matches -donated (" t7sscri�ti' I of Task Qtv Rate ..5'0. total, Site Preparation 970 $100.00 $97,000,00 Stormwater Discharge 80 $100.00 $8,000.00 Armorflox Articulating 1600 $100.00 $160,000.00 Stormwater Structures 30 $10C.00 $3,000,00 Contech Structure 670 $10C.00 $67,000.00 Fence (Repair) 80 $100.00 $8,000.00 v ., ,. fii n Phased ar p>tae.!! �$ak-YoAI :. : • • _ :' $343;000.00 Sub -Total $343,000.00 C. Fees Paid Include any other costs associated with the project- D85cKption of Task Qtt Rafe Cost Phase 1- Pre -Award with start date of_1_/ $0.00 Professional Services - Survey f As -built 100 $125.00 $12,500.001 Professional Services - Civil Engineering 130 $150.00 $19,500.00I Professional Services - Environmental Consulting_ 35 $135.00 $4,725.001 Regulatory Permittlny 1 $3.000.00 $3,000.00 �i'Q,>ii Y 6b.4otaf $�9,725.Q0 Construction Mana ement �. 1 $48,600.00 $48,600.00 �f d1, Ph items itntar -:S48,s0a:Q0 Sub -Total $88,325.001 D. Sub Total Estimated Project Cost $1,457,770.00 E. Conlingcrrcy Costs (max 5 n) Pimse t r3- S39.725 00 SO qit Contingency Costs (max 5 io) Nord -Phased or Phase ti 7 : S11, 4 118. 01t5.00 S42,541.00 Total Contingency Costs (maximum 5%) 0% $1,457,770.00 $42,541.00 F. Final Estimated Project Costs $1,500,311.00 31412021; Reviewed and Approved by PM: 284 of 302 OtYOF SEBAS-T'-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: 08 March 2023 Auenda Item Title: Charter Officer Evaluation Procedure Recommendation: City Council to review and adopt Resolution No. R-23-03 City Council Charter Officer Evaluation Procedure Sackeround: On February 22, 2023, City Council directed the City Attorney to further revise certain language to Resolution R-21-04 pertaining to the Charter Officer Evaluation Procedure and resubmit to the City Council for final consideration and adoption. If Aeenda Item Reauires Expenditure of Funds: 0 Attachments: 1. Resolution R-21-04 Administrative Services Departme t view - City Attorney Review: Procurement Division Review, if a1plicable: IV14 City Manager u%thori Date: 3 / 285 of 302 RESOLUTION NO. R-21 04R-23-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-10-0511-21-04, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to establish procedures for charter officers for goal settings, evaluations, wage adjustments or other increases in compensation, and re -negotiations of employment agreements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall annually set and review goals and objectives for the City Manager, City Attorney, and City Clerk at a public City Council meeting in June. Prior to the June meeting. Council Members will provide their oals for the Charter Officers to the Human Resources Director (HRD) who will draft up these goals and obiectives in a common document for Citv Council consideration in June. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURE. The Pwmcn HRD shall prepare and recommend blaRks forms to the City Council before June 1 sc of each year for the evaluation of the Charter Officers. Said forms will reflect each Charter Officer's duties and responsibilities. No later than July 1't of each year, City Council members shall complete an annual evaluation for the City Manager, City Attorney and City Clerk by using the forms provided by HRD or by using whatever other method each individual City Council member deems appropriate. Each City Council member may conduct a private oral interview with one or all of the Charter Officers on an individual basis, if that City Council member deems it necessary. SECTION 3. WAGE ADJUSTMENT OR INCREASES IN COMPENSATION. 000tal Fln-ri l.- R. Ihlin Employees AsSgGi atlen (the " Gr=12E ) and the b: At a Meeting in July of each year, the individual City Council members shall publicly comment on the method they used to evaluate each Charter Officer and summarize the results of their evaluation. Following those comments, the City Council may vote to grant sue# merit increases to the City Manager or City Attorney or City Clerk that the City Council deems appropriate. adeiticn tc t 286 of 302 SECTION 4. RE -NEGOTIATION OF EMPLOYMENT AGREEMENTS. The Charter Officers' Employment Agreements are subject to re -negotiation every three (3) years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years expires. However. if the Charter Officer chooses not to reneaotiate. the Citv Council. at their discretion, can re-neaotiate the Charter Officers' EMDlovment Aareements. Otherwise, the Employment Agreement will continue in force for three (3) additional years, for purposes of re- negotiations. The re -negotiations, if any, shall be handled by the City Mayor, in consultation and support by the Chief Financial Officer (CFO) and HRD V.imcn D SECTION 5. REPEAL. This Resolution repeals Resolution R 10 06 R-21-04 in its entirety. SECTION 6. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 7. PROVIDING FOR SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 8. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 8. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by . The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor €d Dedd Fred Jones Vice Mayor dim-Hiti Chris Nunn Council Member GhfistepheFP�AKelly Dixon Council Member Fred-jenes-Ed Dodd Council Member Bob McPartland The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly passed, and adopted this day of ATTEST: Jeanette Williams, MMC City Clerk , 2424 2023. CITY OF SEBASTIAN Fred Jones €d-Redd, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 287 of 302 cnv0f SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: 08 March 2023 Agenda Item Title: Negotiation of the Charter Officers' Employment Agreements Recommendation: City Council to discuss the terms and conditions for negotiations with the Charter Officers. Further, City Council will direct the Mayor to enter into negotiations with the Charter Officers and present back to City Council the Charter Officers' Tentative Employment Agreements for discussion, review and ratification Backparound: On February 22, 2023, City Council directed staff to provide Council with forms for the Charter Officer Evaluations for their consideration in order to re- negotiate the Charter Officers' Employment Agreement. If Agenda Item Requires Expenditure of Funds: 0 Attachments: N/A Administrative 5ervic( City Attorney Review: Procurement Division City Manager Authorization: Date;/�.y %C 288 of 302 CM Lf 5EBAS-T" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 08 March 2023 Agenda Item Title: Interim City Attorney Recommendation: City Council to interview the prospective candidates for the Interim City Attorney Position and select the Interim City Attorney. Further, authorize the City Mayor to immediately begin negotiations with the Interim City Attorney Sackeround: City Council directed the City Attorney to provide them with a list bf prospective candidates for the Interim City Attorney Position by the March 8, 2022 City Council Meeting. Current City Attorney provided Council with a list of candidates for their consideration. Also, as part of the packet, Human Resources conducted a Level 1 background for council's review. If Agenda Item Requires Expenditure of Funds: 0 Attachments: 1. Rodney Edwards Packet 2. Andrew Mai Packet Administrative Service City Attorney Review: Procurement Division City Manager Authorization Date: -14?b3 289 of 302 Rodney Antonio Edwards 1270 Wakefield Road SE Palm Bay, Florida 32909 (407) 558-0380 February 8, 2023 City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: City Attorney Position Dear Honorable Mayor and City Council, I was excited to see your opening for City Attorney and would like to express my interest in being considered for the position of City Attorney for the City of Sebastian on both an Interim and Permanent basis. Please accept this Letter of Interest and Resume in regards to your City Attorney position with the City of Sebastian. I was born and raised in Brevard County (Melbourne), Florida and graduated from Melbourne High School in 1990, at which point I enlisted in the United States Marine Corps. I was honorably discharged in 1995 at Marine Corps Air Station El Toro, but remained in California until 2006, when I returned to Brevard County to attend Law School at Florida A&M University College of Law in Orlando. I am currently the Deputy City Attorney for the City of Palm Bay, Florida which is the largest municipality in Brevard County. As of December 28, 2022, the City of Palm Bay had an estimated population of 129,728 persons. The completion of the current annexation will bring the city's landmass to approximately 100 square miles, of which 60% is built out. The city employs 914 employees of which 218 are police and 139 are fire. There 15 City Departments that work in concert to efficiently and effectively run the government for the benefit of our residents. As Deputy City Attorney I am responsible assisting the City Attorney in providing legal services to the City and performing the responsibility of general legal counsel. I render legal advice and assistance to City Council, City Manager, and various Department Heads within the City. I research legal questions, render legal opinions, prepare Resolutions and Ordinances, draft legal documents, and represent the City in various forms of Civil Litigation in both State and Federal Courts. I am licensed to practice law in all the State Courts of Florida and admitted to practice before the U.S. District Court (Northern District, Middle District, and Southern Districts) of Florida, 111h Circuit Court of Appeals, and the Supreme Court of the United States of America. I have been AV rated by Martindale Hubbell® (Highest possible rating in both legal ability & ethical standards) since 2017. I have been awarded Florida Trend's Legal Elite (2021, 2022) Top Government Lawyer. Both of these awards were voted by my peers around the State of Florida. At your earliest convenience, please take the opportunity to review my resume to further evaluate my candidacy for this excellent position. I look forward to discussing my qualifications in further detail and welcome the opportunity for an interview. Thank you for your consideration. Sincerely, Rodney A. Edwards 290 of 302 Rodney A. Edwards 1270 Wakefield Road SE, Palm Bay, FL 32909 (407) 558-0380 (cell) (407) 293-6440 (office) — rodney@myedwardslaw.com EDUCATION Florida Institute of Technology Master of Public Administration • GPA: 4.0 Florida A&M University College of Law Juris Doctor Degree • GPA: 3.040 Class Rank: 13/110 Honors Thurgood Marshall College Fund Leadership Institute Activities Moot Court Black Law Students Association — 2L Representative Phi Alpha Delta Legal Fraternity University of Phoenix Bachelor of Science Criminal Justice Administration • GPA:3.7/4,0 Honors Dr. Charles R. Drew Scholarship Recipient 12 District Scholar of the Year LEGAL EXPERIENCE Office of the City Attorney, City of Palm Bay Deputy City Attorney Assistant City Attorney Melbourne, Florida December 2021 Orlando, Florida May 2009 Ontario, California May 2006 Palm Bay, Florida September 16, 2021 — Present January 2017 — September 15, 2021 Assist the City Attorney in providing professional legal services to City Council, City Manager, and Department Heads for the 181 largest city in Florida and the largest city in Brevard County. • Render legal advice and assistance to the following Departments: o City Council, City Manager, Fire Department, Building Department, Growth Management, and City' Housing Program • Render legal advice and assistance to the following Boards: o Planning & Zoning Board, Code Enforcement Board, Community Development Advisory Board, Disaster Relief Committee, Community & Economic Development, and Bayfront CRA • Provide legal research on questions and concerns from City Council, City Manager, and Department Heads; provide legal opinions, draft resolutions and legal document. • Draft, review and amend ordinances, contracts, and general orders. • Supervise a paralegal and two administrative assistants. • Represent the City of Palm Bay in civil litigation matters including tort (auto negligence, slip, trip & fall, negligent maintenance, and premise liability), foreclosure, probate, and bankruptcy. Law Offices of Rodney A. Edwards, P. A. Orlando, Florida Attorney September 2010 — Present Responsible for the business management and day-to-day operations of a full -service law firm, in providing legal services to our clients with a majority focus on Criminal Defense litigation, Real Estate litigation, Family Law litigation and Personal Injury litigation (Auto Negligence & Premises Liability). • Negotiated the purchase of a $3 million acquisition for New Shiloh Christian Center and the construction and remodeling of the building. • Litigated construction matters resulting from Real Estate transactions. 291 of 302 Law Offices of Muller & Sommerville, P. A. Attorney Orlando, Florida July 2009 — December 2010 Provide legal advice, opinions, and representation to Criminal Defense and Administrative Law clients. Developed and implement litigation, discovery, settlement, and trial strategy. Represent clients in jury trials, bench trials and appeals. Draft criminal pleadings, memorandums of law and communication between opposing attorneys, the Clerk of the Court, and judges. Perform effective research of case law on criminal matters using Westlaw. Ninth Judicial Circuit Court of Florida Judicial Externship — Circuit Judge Reginald Whitehead Orlando, Florida January 2009 — May 2009 Responsible for research and analysis of various criminal matters before the Court.. Researched and prepared legal memoranda based on case law and Florida Statutes to assist the Court in rendering decisions in Circuit Criminal court cases. Review, research and update of administrative rules and procedures within the Ninth Judicial Circuit. Daily in -court observations of criminal proceeding to include hearings, trials, sentencing, and appeals assigned to the Court. Florida A&M University College of Law Research Assistant Orlando, Florida September 2008 — May 2009 Performed legal research and analysis of various topics within the field of Employment Law. Reviewed and edited rough drafts of legal articles for grammar and legal citations, in preparation for publication in various law journals around the country and abroad. Orlando City Attorney — Police Legal Advisor's Office Law Clerk Orlando, Florida May 2007 — August 2008 Responsible for processing civil forfeiture claims on behalf of the Orlando Police Department within the guidelines of the Florida Contraband Forfeiture Act. Reviewed law enforcement affidavits and consulted with law enforcement officers related to the seizure of claimants/defendant's property; conducted negotiations and settlements in forfeiture cases with claimants/defendants or their attorneys; participated in Adversarial Preliminary Hearings and other litigation proceedings; drafted all legal documents required litigate a forfeiture proceeding; drafted correspondence to opposing counsel, the Clerk of Courts, and Judges; drafted training bulletins for Orlando Police Department, legal research, and conducted block training for officers of the Police Department. Law Office of Damon E. Martin Law Clerk Beverly Hills, California September 2004 — May 2006 Drafted civil and criminal pleadings; conducted legal research and writing of client issues; conducted client interviews and participated in trial preparation; and drafted correspondence to clients, opposing counsel, the Clerk of Courts, and Judges. AWARDS AND RECOGNITIONS • Florida Trend's Legal Elite, Recognized as one of the top Government & Non -Profit Attorneys (2021, 2022) • AV Preeminent Peer Review Rating by Martindale Hubbell® - Highest possible rating in both legal ability and Ethical Standards (2017, 2018, 2019, 2020, 2021, 2022) CERTIFICATES AND LICENSES • Florida Bar Law License • Florida Real Estate Sales Associate License PROFESSIONAL ASSOCIATIONS • The Florida Bar o Eminent Domain Committee 292 of 302 o Diversity and Inclusionary Committee o Governmental and Public Policy Advocacy Committee (GPPAC) • National Bar Association • Vassar B. Carlton American Inn of Court - Treasurer COMMUNITY ORGANIZATION • Marine Corps League Detachment 513 • Omega Psi Phi Fraternity, Inc • Dr. Martin Luther King, Jr. Coalition, Inc. — President • Most Worshipful Union Grand Lodge of Florida PHA • Ancient Egyptian Arabic Order Nobles Mystic Shrine • Florida Council of Deliberation A.A.S.R. 33' 293 of 302 AGREEMENT FOR REPRESENTATION THIS AGREEMENT, entered into on March , 2023, between: CITY OF SEBASTIAN CLIENT, and LAW OFFICES OF RODNEY A. EDWARDS P. O. BOX 121788 West Melbourne, Florida 32912 THIS AGREEMENT entered in Sebastian, Indian River County, Florida, between the CITY OF SEBASTIAN and LAW OFFICES OF RODNEY A. EDWARDS, hereinafter called "the firm." I, FRED JONES (MAYOR), retain the firm as the Interim City Attorney to represent the City of Sebastian in all municipal legal actions to be filed in INDIAN RIVER COUNTY, FLORIDA, specifically, board coverage for City Council, Planning & Zoning, Code enforcement, etc. In addition to serving as legal representative for the City's various boards, the firm will provide legal advice, document review, and required drafting of legal documents. I authorize you to do and perform all acts on my behalf that are necessary and appropriate to securing a judgment. I understand that this agreement obligates me to pay you for all legal services rendered during the course of the proceedings including, but not limited to, the preparation of pleadings, meetings between myself and you or your staff, telephone conversations, meetings that concern the proceedings between firm staff and third persons, all pretrial activities, court appearances, legal research, travel, and organization of all documents and files. I agree to pay a reasonable fee for such work, which fee shall be no less than the number of hours for services performed times the normal hourly rate in effect for firm employees who perform the work. I understand that this Agreement covers legal representation only through trial and final judgment. It does not include appeals, post - judgment contempt or enforcement, modifications or post -trial proceedings. FEES RETAINER AS A MINIMUM, NON-REFUNDABLE EARNED FEE I agree to pay the firm as compensation for your professional services a MINIMUM SUM of Three Thousand Five Hundred Dollars ($3,500.00) as a NON-REFUNDABLE EARNED FEE on or before March 15, 2023. "The deposit I pay is non-refundable and shall be fully earned upon receipt for legal service requested to allow my attorney to set aside adequate time and resources to initials Client/Payor initials Attorney 294 of 302 initiate research, review and preparation of my case." I realize this engagement fee is only a minimum fee and that an additional fee may be charged should the cost of services rendered exceed the retainer amount. Any additional fee will depend upon factors that include the time and labor required; the complexity of the litigation; the skill required to perform the legal service properly; and the experience, reputation and ability of the lawyer or lawyers who represent the adverse party. I fully understand that a portion of my fee is based on an hourly rate. I understand that it is the practice of your office to compute not less than one tenths (1/10) of an hour for each service rendered, including each telephone call, no matter how short its duration. The hourly rate as of the date of this agreement and for which I am obligated is $350.00 per hour for Attorney Rodney A. Edwards. I realize that the hourly rates may change from time to time, and that if any such rate is changed, I will be notified in writing of said change. I, at that time, will have the option to agree to the change by taking no action, or to retain another attorney. I have been informed and I understand that it is impossible at this time to determine the total amount of my attorney's fee. HEARING/ TRIAL FEES I understand that there is considerable time and cost associated with preparation for hearings/trials. In the event any litigation proceeds toward a hearing/trial, I understand that I will be responsible for paying an additional trial retainer of Five Hundred Dollars ($500.00) per day, in addition to the Three Hundred Fifty Dollars ($350.00) per hour, due in advance of appearance. In the event I fail to pay the additional trial retainer within the time frame prescribed by the Interim City Attorney, I understand that my attorney may withdraw as provided by this agreement. EXPENSE COSTS The firm shall have the authority to make advances, including but not limited to costs and suit money, on my behalf in such amounts as are determined by them to be best in representing me in these proceedings, which advances shall be for expenses, including but not limited to, telegrams, out-of-town (outside of INDIAN RIVER County and counties contiguous thereto) travel expenses (including all meals and lodging while out oftown), deposition expenses (including cost of transcript and court reporter's fees for attendance), court costs (such as filing fees, service of process, subpoena costs, witness fees, etc.), fees for accountants, appraisers, actuaries, physicians, psychologists, psychiatrists, investigators, economists, other attorneys and other experts which the firm deems are necessary to assist in the preparation and trial or for the proper handling of my case or the matter for which the firm is being retained. I agree to keep payment current on all advances. I understand that I am liable for payment to all experts that are hired on my behalf and by this agreement I appoint the firm as my agent to hire such experts. I understand that my account will be charged $350.00 as a one-time file set-up charge. I understand that the firm will impose a cost charge for the following costs expended on my behalf as 2 initials Client/Payor initials Attorney 295 of 302 provided below: Photocopies Faxes (sent or received) Postage Long-distance telephone calls Lodging Mileage Breakfast Lunch Dinner Incidentals $.25/page $.25/page Actual cost Actual cost Actual cost $0.625 per mile $16.00 $17.00 $31.00 $5.00 I agree to promptly pay for all services performed on my behalf, as reflected in all periodic billing statements and in the final bill issued to me. I understand that interest will be charged and added to the balance of my account commencing and to the extent that same remains unpaid thirty (30) days after the rendering of billing for said account. Interest will be charged at the rate of 10% per annum, commencing thirty (30) days after the account is submitted to me. I have been informed that the firm's usual policy is to submit bills on a bi-weekly or monthly basis. I have been instructed to promptly review all such billing statements for possible errors and to communicate with the firm in writing regarding any billing difficulties in a timely manner to ensure that accurate records are maintained. ATTORNEY HAS MADE NO PROMISES AS TO RESULTS The Client acknowledges that the Attorney has made no promises as to the outcome of the case, except that the Attorney has promised to render his best professional skill. DISCLOSURE TO COURT The provisions of this Agreement, at the firm's discretion, may be disclosed to the court in connection with any application by the firm for fees for services that may be rendered on my behalf, and the firm shall have the right to advise the court of any amounts received on account as and for fees and any security that I have given to the firm to secure their fees. WITHDRAWAL OF REPRESENTATION I agree that the firm shall have the right to withdraw from the representation of the City, if I do not make payments required by this agreement, if I have misrepresented or failed to disclose material facts to them or if I fail to follow the advice rendered by the Interim City Attorney. In any of these events, I agree to execute such necessary documents as will permit the firm to withdraw. initials Client/Payor initials Attorney 296 of 302 The firm shall have a lien on all documents, property or money in their possession for the payment of all sums due to them from me under the terms of this Agreement. In addition, I agree that the firm shall be entitled to a charging lien insuring that, if the firm so elects, payment to the firm will come from the recovery, that is out of the results or fruits of the litigation, as is explained by the Florida Supreme Court in the case of Sinclair v. Baucom, 428 So.2d 1383 (Fla., 1983). In the event it is necessary to institute proceedings against me for the collection of fees and advances due to the firm from me, I agree to pay, in addition to any adjudication for such fees and advances, all costs and expenses necessitated thereby, including reasonable attorney's fees. AGREEMENT SHALL BE SOLELY INTERPRETED UNDER THE LAWS OF THE STATE OF FLORIDA The laws of the State of Florida shall govern the construction and the interpretation of this agreement. SUBNIISSION TO ARBITRATION In the event of any dispute as a result of any provision hereof for the interpretation hereof or otherwise or in any way arising out of our relationship as attorney and client, if the firm shall be the prevailing party, then they shall be entitled to collect from me all costs and expenses necessitated in such dispute, including reasonable attorney's fees. All such disputes and any counterclaim against the firm in an action for collection for set off because of any alleged improper act or acts on the part of the firm shall be submitted to and shall be settled by a panel of three (3) arbitrators, all of whom are lawyers licensed by the Florida Bar, one of whom shall be selected by me, one by the firm and the third by the two (2) already selected. We further agree that the award of the arbitrators shall be accepted as the final determination of the matter and shall be binding on both myself and the firm. NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement, you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration. I understand that my attorney is an officer of the court and is bound by rules regulating the Florida Bar. I acknowledge that while the firm accepts employment and shall render professional legal services to the best of their ability during such employment, the firm has made no guarantees in the disposition of any phase of the matter or matters for which they have been retained, as all expressions relative to it are only opinions, and this Retainer Agreement is not contingent upon a favorable outcome. I agree to fully cooperate with the attorney; to do nothing that would compromise their professional ethics; and not to request or require the firm to do anything in 4 initials Client/Payor initials Attorney 297 of 302 violation of the Code of Professional Responsibility. The provisions of this Retainer Agreement shall apply only to the matter referenced above and, unless otherwise specifically provided, the firm's representation shall be for proceedings in the trial court only. I understand that if appellate proceedings are instituted, or if I desire that appellate proceedings be instituted, further fee and retainer arrangements must be made. I agree that if the firm continues their representation of me after Final Judgment or the initial undertaking is completed, then unless there are written arrangements to the contrary, all of the provisions hereof shall apply and we shall each be bound by the terms hereof. CLIENT SHALL COOPERATE FULLY WITH THE ATTORNEY I understand that my cooperation, as the client, is very important. I have been informed that I must keep the firm informed immediately of any change of address, phone number, and circumstances. I understand that full disclosure of all facts is essential to enable the firm to properly represent me. I will promptly fill out and return all papers sent to me, such as interrogatories and requests for information, and will provide all documentation required or requested by the firm, mandatory disclosure or requests for documents, etc. If I fail to do so, I agree that the firm shall have the right to withdraw from representing me. I acknowledge that I have received a copy of the requirements of mandatory disclosure and have been informed of my responsibility to update this disclosure in the event my financial circumstances change. In the event that the attorney or the firm is assessed monetary sanctions for my failure to cooperate and/or comply with the requirements of mandatory disclosure, I agree that such sanctions shall be added to my billing statement as a billable cost, collectible by any means, as set forth hereinabove. NO WAIVER, CHANGE OR MODIFICATION OF THIS AGREEMENT FOR REPRESENTATION, UNLESS IN WRITING, AND SIGNED BY THE ATTORNEY AND CLIENT No waiver change or modification of this Agreement, unless the same is in writing and signed by the Client and the Attorney. I HAVE READ AND FULLY UNDERSTAND AND AGREE TO EACH OF THE ABOVE TERMS AND CONDITIONS AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. FRED JONES, MAYOR CITY OF SEBASTIAN 5 initials Client/Payor initials Attorney 298 of 302 U-5 Client LAW OFFICES OF RODNEY A. EDWARDS P. O. Box 121788 West Melbourne, Florida 32912 Telephone: (407) 293-6440 initials Client/Payor initials Attorney 299 of 302 FISHBACK DOMINICK ATTORNEYS AND COUNSELORS .AT LAW 1947 LEE ROAD WINTER P.&UR, FLORIDA 02789-1834e G. BE FISHBACK (1803-1983) JULIAN K. DOMINICK (1924.2003) MARK F. AHLERS +A. KURT ARDAMAN JOHN F. BENNETT +J. GIFFIN CHUMLEY + RICHARD S. GELLER ERIC B. JONTZ JEFFRY R. JONT2 J. MICHAEL KELLY LANCE D. KING • DANIEL W. LANGLEY CHARLES R. STEPTER, JR. MICHAEL D. TEMPKINS Manny Anon, Jr 1225 Main Street Sebastian, FL 32958 RE: Interim City Attorney Dear Manny: February 22, 2023 TEL (407) 262-8400 FAX (407) 262-9402 WWW.FISHBACKLAW.COM + FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT LAW Please accept Fishback Dominick's Response to Request for Interim City Attorney Services. We fully understand the scope of work and have the experience and expertise to perform the same. Fishback Dominick, one of Central Florida's oldest law firms, has provided the highest quality legal services since 1935. Martindale -Hubbell rates our firm AV -Preeminent, the highest in competency and ethical standards. Martindale -Hubbell has included Fishback Dominick on The Bar Register of Preeminent Lawyers, consisting of the most distinguished law firms in the United States. We take pride in longstanding relationships with our municipal and other clients. Our firm has extensive experience serving public entities as Municipal Attorney and we currently represent five Central Florida municipalities, including the City of Winter Park, City of Winter Garden, City of Longwood, City of Belle Isle, and City of DeBary. Further, at the request of other governmental bodies, we serve as special counsel currently serving as eininent domain counsel to Flagler County and counsel for Monroe County and Brevard County, and frequently other cities and special districts on various matters. If selected, I will serve as your primary Attorney. Further, city, county and local government board certified firm partners, Kurt Ardaman, Dan Langley, Giffin Chumley and Rick Geller, and other experienced firm lawyers will provide services when needed. I have more than twenty years experience representing local governments and other clients with local government matters and I have worked with council members, commissioners, managers, and staff members on all aspects of municipal law. I currently serve as the Attorney FOMAM DONUMM 19 AxDAMAN, A LMM, LANvar.Y & GMUM I" 300 of 302 for the Waterset North Community Development District and serve as Special Counsel to Monroe County. I previously served as County Attorney for Osceola County for nearly ten years. I am attaching my resume. I can provide a retainer agreement upon request and charge a rate of $275.00 per hour charged in quarter hour increments. I will not charge for travel time to and from the City. It is a privilege, honor, and enormous responsibility to represent government entities. Such representation demands the highest level of dedication, competence, credibility, and integrity. If selected, we pledge to serve the City of Sebastian with these qualities, consistently and vigorously. Sincerely, Andrew W. Mai 301 of 302 ANDREW MAI Attorney PROFILE Over twenty years experience with WORK EXPERIENCE over thirteen years experience as the City or County Attorney. Fishback Dominick March 2022-present Always open to new challenges and Represent communities throughout Florida. Including the Monroe and ready to meet those challenges. Brevard County, Cities of Winter Park and Winter Garden, Community Development and Special Districts CONTACT Persson, Cohen & Mooney, P.A. February 2021- March 2022 PHONE: Represent communities throughout Florida. Including the Cities of 407-580-7532 Venice and Longboat Key. Special Counsel to the City of North Port EMAIL: Andrewwoodfordmai@amail.com Osceola County County Attorney July 2011- February 2021 County attorney for a County with 350,000 residents OUTREACH Supervise a staff of six and outside counsel Board Member Florida Association of Advise the County Commission County Attorneys (FACA) Responsible for all legal affairs Florida Chair International Municipal Sioux City Iowa City Attorney February 2008- July 2011 Attorneys Association(IMLA) City Attorney for a City with 80,000 residents Supervised a staff of six and outside counsel Advised the City Council HOBBIES Responsible for all legal affairs Cycling Chess Hiking EDUCATION Poetry Georgetown law Center 2000 - 2001 William Mitchell College of law 1998 - 2000 302 of 302