HomeMy WebLinkAboutBudget Tree Service Inc Hurricane_Disaster Debri Removal, Reduction, and Disposal - 2019 08 21 AGREEMENT FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION and DISPOSAL,
THIS AGREEMENT is made and entered this �� �,. _day of, �; �1
2019,
by and between the CITY OF WINTER SPRINGS, FLORIDA, a Ic�rida municipal
corporation ("City"), located at 1126 E, State Road 434, Winter Springs, Florida 32708, and. A
BUDGET TREE SERVICE,INC.,Florida corporation ("Contractor"), whose principal address
is 710 F. State Road 434, Winter Springs, Florida 32708.
WITNESSETH;
WHEREAS, the City desires to retain the Contractor for the work identified in the bid
and/or proposal specifications outlined in the Request for Proposal for Hurricane/Disaster Debris
Removal, Reduction and Disposal RFP No. 007-18-SB ("Debris Removal Services" or
"Services"); and
WHEREAS, the City desires to retain the Contractor to provide Debris Removal
Services, as subsequently specifically set out in Task Orders to be issued under this Agreement;
and
WHEREAS, the Contractor is willing to provide such Debris Removal Services to the
City under the terms and conditions stated herein; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City; and
WHEREAS,all City-promulgated bid docurnents pertaining to Debris Removal Services
and all submissions of the Contractor in the proposal submitted to the City are hereby
incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein;
and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services in accordance with the guidelines provided in the bid
documents; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein,
this Agreement shall terminate on the fifth (5th) anniversary of the Effective Date.
1.2 The terms and conditions of any Task Order, as described in Section 2.0 hereof,
shall be as set forth in such "Task Order. Any"Task in effect at the termination of"this Agreement
shall remain in effect until completion of said Task Order, and all of the terms and conditions of
this Agreement shall survive until completion of all 'Task Orders.
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1.3 Definitions. The following words and phrases used in this Agreement shall have
the following meaning ascribed to them unless the context clearly indicates otherwise:
a. "'Agreement'" or "Contract" shall be used interchangeably and shall refer to this
Agreement, as may be amended from time to time, which shall constitute authorization for the
Contractor to provide the Debris Removal Services approved by Task Order by the City and is
also sometimes referred to herein to include all Task Orders approved hereunder,
b. "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into effect. 'The
Agreement shall not go into effect until said date.
C. "Conti-actor" shall mean A BudgetTree Service, Inc. and its principals,employees
and resident project representatives (and assistants).
d. "Public Record" shall have the meaning given in section 1 19.O 11(]2), Florida
Statutes, as may be amended.
C. ""Reimbursable Expenses" shall mean the actual expenses incurred by the
Contractor or Contractor's independent professional associates and Contractors which are directly
related to travel and subsistence at the rates, and Linder the requirements of, Section 112.061,
Florida Statutes, as may be amended or any other actual and direct expenses the City agrees to
reimburse by Task Order.
f "Work" or "Services" shall be used interchangeably and shall include the
performance of the work agreed to by the parties in aTask Order.
9. "Task Order" shall mean a written document approved by the parties pursuant to
the procedure Outlined in Section 2.0 of this Agreement, and any amendments thereto approved
pursuant to the procedures Outlined in Section 3.0 herein, which sets forth the Work to be
performed by the Contractor under this Agreement, and shall include, without the necessity of a
cross-reference, the terms and conditions of this Agreement.
1.4 Engagement. 'The City hereby engages the Contractor and the Contractor agrees
to perform the Services outlined in this agreement for the stated fee arrangement. No prior or
present representations shall be binding upon any of the parties hereto unless incorporated in this
Agreement.
2.0 DESCRIPTION OF SERVICES
2.1 The City shall make request of the Contractor to perform Debris Removal Services
on a"task"basis. The City will communicate with the Contractor, verbally or in writing,a general
description of the task to be performed, The Contractor will generate a detailed Scope of Work
document with a Schedule and rates, not to exceed those rates included in the Contractor's
Response to the City's RFP No. 007-18-SB, to accomplish the task and send the thus developed
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"Task Proposal"to the City. Tasks shall be performed in accordance with the standards contained
in the RFP No. 007-18-SQ, which shall be fully incorporated herein by this reference as
Attachment "A." For any Tasks where tirne and materials compensation is permitted (sum of
the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages,
general and administrative expenses, and profit),the Task Order shall include a ceiling price that
the Contractor shall exceed at its own risk.
The City will review the Task Proposal, along with any other task proposals submitted to
the City by other contractors, and if the description, cost and other details of the Task Proposal
are deemed by the City to be in the City's best interests, the parties will enter into a mutually
agreeable written "'Task Order."""The Scope of Services generally to be provided by the Contractor
through a Task Order may include any Debris Removal Services provided for in RFP No. 007-
18-SB and may contain written terms and conditions which are deemed Supplemental to this
Agreement.
The City will issue a notice to proceed to the Contractor in the form of a letter and/or all
executed City purchase order. Upon receipt of the signed Task Order and the written notice to
proceed from the City, the Contractor shall perform the services set forth in the Task Order.
2.2 The City reserves the right, at its discretion, to perforin any services related to this
Agreement or to retain the services of other debris removal companies to provide professional
services. Further,the City does not guarantee that any Work will be assigned to Contractor under
this Agreement. The Contractor acknowledges that the Contractor shall stand by and remain
inactive for much of the duration of this Agreement and may only be called to active duty when
a debris-generating event occurs. The City reserves the right to assign or contract for professional
services with any party at its sole discretion. No provision of this Agreement shall be construed
to require the City to assign any Work or task to Contractor under this Agreement.
2.3 The maximum hourly rates and certain direct charges or unit prices, as applicable,
that can be charged Linder this Agreement by Contractor, unless otherwise agreed by the City in
writing, are set forth in the Contractor's Response to RFP No. 007-18-SB and fully incorporated
herein by this reference as Attachment "B."
2.4 As provided above, Tasks shall be performed in accordance with the standards
contained in the RFP No. 007-1 8-S13, which shall be fully incorporated herein by this reference
as Attachment-A." The following standards are emphasized herein:
a. Contractor shall be capable of assembling, directing, and managing a work force
that can complete the debris management operations in 120 days. The duration of
effort/cornpletion dates of all tasks will be determined by the City after consultation with the
Contractor and established in each appropriate Task Order.
b. C.ontractor shall provide collection equipment within 24 hours after a natural
disaster has occurred and roads are accessible at the designated Collection Service Area. Within
five (5) calendar days of' collection cornmencement, the Contractor must provide collection
equipment sufficient to collect a minimum of 500 cubic yards of debris per day. Within seven
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(7)calendar days of collection commencement,the Contractor must provide collection equipment
sufficient to collect a minimum of 1,000 Cubic yards of debris per day.
C. Contractor shall begin grinding vegetative debris within fifteen(1 S)calendar days
of temporary debris site opening and removal MUlch/wood chips within twenty (20) calendar
days of site opening. Contractor shall begin removal of Construction and Demolition debris from
the temporary debris site within twenty (20) days of site opening.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 The City may make changes in the Services at any time by giving written notice
to the Contractor. If such changes increase (additional services) or decrease or eliminate any
amount of Work, the City and the Contractor will negotiate any change in total cost or schedule
modifications. If the City and the Contractor approve any change,the Task Order will be modified
in writing to reflect the changes; and the Contractor shall be compensated for said services in
accordance with the terins of Article 5.0 herein. All change orders shall be authorized in writing
by the City's and the Contractor's designated representative.
3.2 All of City's said Task Orders and amendments thereto shall be performed in strict
accordance with the terms of this Agreement insofar as they are applicable.
4.0 SCHEDULE
4.1 The Contractor shall perform services in conformance with the mutually agreed
schedule set forth in the negotiated Task Order, The Contractor shall complete all of said services
in a timely manner and will submit a written progress report upon completion of one-third and
again upon two-thirds completion of a Task or as otherwise reasonably requested by the City.
Should the Contractor fall behind the agreed upon schedule, it shall employ such resources so as
to comply with the agreed -upon schedule.
4.2 No extension for completion of services shall be granted to the Contractor without
the City's prior written consent, except as provided in Sections 3.1 and 19.1 herein.
4.3 Any cost caused by defective or ill -timed services shall be borne by the party
responsible therefore.
5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
CONTRACTOR
5.1 General Services. For basic and additional Services performed by the Contractor's
principals,employees and resident project representatives (and assistants)pursuant to paragraphs
2.0 and 3.0, the City agrees to pay the Contractor an amount equal to that agreed upon by the
parties for a particular Task Order. However, payment terms must be consistent with the terms
and conditions in this Agreement. To the extent that the payment terms in any Task Order conflict
with the payment terms set forth in this Agreement, the conflicting provisions of this Agreement
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shall prevail. Contractor shall submit invoices for payment regularly and for no more than 30-
day periods.
5.2 I"lorida Prompt Payment Act. Payment shall be due and payable as provided by
the Florida Prompt Payment Act Section 218.70 et. seq., Florida Statutes.
5.3 Miscellaneous. Under no circumstances shall actual or direct Costs Linder this
Agreement include costs associated with inefficiency, offsite or home office overhead, loss of'
productivity, consequential damages, legal or consulting costs or costs associated with delays
caused in whole or in part by the Contractor.
5.4 Errors and Deficiencies. The Contractor shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in the Contractor's
services provided under this Agreement.
5.5 Payment Offsets. To the extent that the Contractor owes the City any money Linder
this or any other Agreement with the City, the City shall have the right to withhold payment and
otherwise back charge the Contractor for any money owed to the City by the Contractor.
5.6 Payment not Waiver. The City's payment of any invoice Linder this Agreement
shall not be construed or operate as a waiver of any rights Linder this Agreement or any cause of
action arising Out of the performance of this Agreement and the Contractor shall remain liable to
the City in accordance with applicable law for all damages to the City caused by the Contractor's
performance of any Services provided under this Agreement.
5.7 Delay Remedy. The risk of any monetary damages caused by ally delays in
performing the Services tinder this Agreement and any 'Task Order are accepted and assumed
entirely by the Contractor, and in no event shall any claim relating thereto for an increase in
compensation be made or recognized. The Contractor shall not make any claim nor seek any
damages of any kind against the City for any delays, impacts, disruption or interruption caused
by any delay. 'File Contractor's remedy for a delay shall be an equitable extension of time to
perform the Services for each day of`such delay that impacts the critical path of the schedule
established Linder this Agreement or specific Task Order.
5.8 Acceptance of Payment. Acceptance of final payment by the Contractor for a
specific Task Order shall constitute a release of all clairns for payment which the Contractor may
have against the City for that Task Order unless such claims are specifically reserved in writing
and transmitted to the City by the Contractor prior to its acceptance. Said final payment shall
not, however, be a bar to any claims that the City may have against the Contractor or to any
remedies the City may pursue with respect to Such claims.
5.9 Payment Adjustments.
justments, It is agreed that payment by the City of any billing will
not constitute agreement as to the appropriateness of any item and that at the time of any final
audit, all required adjustments will be made and reflected in a final payment. In the event that
Such final audit reveals an overpayment to the Contractor, the Contractor agrees to refund such
overpayment to the City within ninety (90)days of notice oll'any such overpayment. Such refund
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shall not constitute a waiver by the Contractor for any claims relating to the validity of'a finding
by the City of overpayment.
5.10 Partial Payments. Payment made to the Contractor shall not constitute
acceptance of the work or any portion thereof which is not in accordance with this Agreement.
The City retains the right to pay only that percentage of the total contract am0LJnt that equals the
same percentage that work completed bears to the total amount of work required to be performed
under this Agreement. If the City objects to all or any portion of any invoice, it shall notify the
Contractor of the same within five (5) days from the date of receipt and shall pay that portion of
the invoice not in dispute. The parties shall immediately make every effort to settle the disputed
portion.
5.11 Liquidated Damages. Liquidated clarnages in the amount of up to $5,000.00 per
day shall be owed to the City as provided in RFP No. 007-18-SB, including for Closure of
temporary debris sites, failure to provide back-LIP grinders within 48 hours of' equipment
breakdown, failure to provide audit quality information by 5:00 p.m. of the following day of
operation, loads not properly tarped or covered, mixing debris hauled from other Sources, and
mixing vegetation and construction debris materials.
6.0 RIGHT TO INSPECTION
6.1 The City or its affiliates shall at all times have the right to review or observe the
Services performed by the Contractor.
6.2 No inspection, review or observation shall relieve the Contractor of its
responsibility Linder this Agreement.
7.0 PROGRESS MEETING
7.1 The City's designated Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the City, during the term of any Task Order
entered into under this Agreement. The Contractor's Project Manager and all other appropriate
personnel shall attend such meetings as designated by the City's Project Manager.
8.0 SAFETY
8.1 The Contractor shall be solely and absolutely responsible and assume all liability
for the safety and Supervision of its principals, employees and resident project representatives
(and assistants) while performing Services provided hereunder.
9.0 REASONABLE ACCESS
9.1, During the term of this Agreement, the City shall grant the Contractor reasonable
access to the City's premises, records and files for purposes of fulfilling its obligations under this
Agreement.
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10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, the Contractor shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. General Liability. The Contractor shall maintain comprehensive general liability
insurance in the minimum amount of $1,000,000.00 as the combined single limit for each
occurrence, with a deductible no greater than $5,000.00, unless a higher deductible is pre-
approved by the City Manager, to protect the Contractor from claims of property damages and
personal injury which may arise from any Services perfon-ned under this Agreement, whether
such Services are performed by the Contractor or by anyone directly employed by or contracting
with the Contractor.
b. Automobile Liability. The Contractor shall maintain comprehensive automobile
liability insurance in the minimum amount of$1,000,000 per occurrence combined single limit
for bodily injury, including wrongful death, and property damage, which may arise from the
ownership, use or maintenance of owned and non-owned automobiles, including rented
automobiles, whether such operations be by the Contractor or by anyone directly or indirectly
employed by the Contractor.
C. Workers' Compensation. The Contractor shall maintain, during the life of this
Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at
least Such amounts as are required by law for all of its employees performing Work for the City
pursuant to this Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. Renewal certificates
shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty
(30) day advance written notification to the City in the event of cancellation or modification of
any stipulated insurance coverage. The City shall be an additional named insured on stipulated
insurance policies included in article 10.La and 10.Lb herein, as its interest may appear, from
time to time.
10.3 The insurance required by this Agreement shall include the liability and coverage
provided herein, or as required by law, whichever requirements afford greater coverage. All of
the policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or renewal
refused until at least thirty (30) days' prior written notice has been given to the City, and the
Contractor by certified mail, return receipt requested. All such insurance shall remain in effect
until final payment. In the event that the Contractor shall fail to comply with the foregoing
requirement,the City is authorized,but in no event shall be obligated,to purchase such insurance,
and the City may bill the Contractor. The Contractor shall immediately forward funds to the City
in full payment for said insurance. It is expressly agreed that neither the provision of the insurance
referred to in this Agreement nor the City's acceptance of the terms,conditions or amounts of any
insurance policy shall be deemed a warranty or representation as to adequacy of such coverage.
All insurance coverage shall be with insurer(s) rated as A+by Best's Rating Guide (or equivalent
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rating and rating service as reasonably determined by the City Manager)and licensed by the State
of Florida to engage in the business of writing of insurance or provided through the London
Market for Professional I.Jability Insurance. The Contractor shall cause its insurance carriers,
prior to the effective date of this agreement to furnish insurance certificates specifying the types
and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance Linder Such policies will be canceled without thirty (30) days' prior
written notice to the City in compliance with other provisions of this Agreement. Further copies
of all relevant policies will be provided to the City within thirty(30) days of the effective date of
this agreement. If the City has any objection to the coverage afforded by or other provision of tire
insurance required to be purchased and maintained by the Contractor in accordance with this
Article on the basis of its not complying with the Agreement, the City shall notify the Contractor
in writing thereof within thirty (30) days of the date of delivery Of Such certificates to the City.
For all Work performed pursuant to this Agreement, the Contractor shall continuously maintain
such insurance in the amounts, type and quality as required by the Agreement.
10.4 Independent Associates and Contractors. All independent associates and
contractors employed by the Conti-actor to perform any Services hereunder shall fully comply
with the insurance provisions contained in this paragraph.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
11.1 The Contractor shall comply with all requirements of federal, state and local laws,
rules, regulations, standards arid/or ordinances applicable to the performance of Set-vices under
this Agreement.
12.0 REPRESENTATIONS
12.1 The Contractor represents that the Services provided hereunder shall conform to
all requirements of this Agreement and any Task Order, shall be consistent with recognized and
sound debris removal practices and procedures; and shall conform to the customary standards of
care, skill, and diligence appropriate to the nature of the Services rendered. The Contractor shall
perform as expeditiously as is consistent with professional skill and care and the orderly progress
of the Services performed hereunder. The Contractor's services shall be consistent with the time
periods established Linder this Agreement or the applicable Task Order. The Contractor shall
provide the City with a written schedule for services performed Linder each Task Order and Such
schedule shall provide for ample time for the City to review, for the performance of Contractors
(if any), and for the approval of submissions by authorities having jurisdiction over the services.
"The Contractor's designated representative shall have the authority to act on the Contractor's
behalf with respect to the Services. In addition, the Contractor's representative shall render
decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential
progress of the Services. Except with the City's knowledge and consent, the Contractor shall not
engage in any activity, or accept any employment, interest or contribution that would reasonably
appear to compromise the Contractor's professional judgment with respect to the Services. The
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Contractor shall review laws, codes and regulations applicable to the Contractor's Services. The
Contractor's services shall comply with all applicable requirements imposed by all public
authorities. The Contractor represents and warrants that it is familiar with, and accepts that it will
perform the Services hereunder in a manner that complies with all applicable requirements of
law, codes, and regulations. T'he Contractor shall be responsible for the professional quality,
technical accuracy and the coordination of all plans, studies, reports and other services furnished
to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated
by the Contractor for nonpayment of any proper invoices, or the City exercises its rights to
perform the Services pursuant to under Section 2.2 herein,the Contractor shall be responsible for
the satisfactory and complete execution of the Services described in this Agreement and any Task
Order. The Contractor represents that it will carefully examine the scope of set-vices required by
the City in the Task Order, that it will investigate the essential requirements of the services
required by the Task Order and that it will have sufficient personnel, equipment and material at
its disposal to complete the services set forth in the Task Order in a good professional and
workmanlike manner in conformance with the requirements of this Agreement.
12.2 The Contractor represents that all principals, employees and other personnel
furnishing such Services shall be qualified and competent to perform the Services assigned to
them and that Such guidance given by and the recommendations and performance of such
personnel shall reflect their best professional knowledge and judgment.
13.0 GUARANTEE AGAINST INFRINGEMENT
13.1 The Contractor guarantees that all Set-vices performed under this Agreement shall
be free from claims of patent, copyright, and trademark infringement. Notwithstanding any other
provision of this Agreement, the Contractor shall indernnify, hold harmless and defend the City,
its officers, directors, employees, agents assigns and servants from and against any and all
liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent,
copyright or trademark resulting fi-orn the use of any goods, services or other item provided under
this Agreement. Notwithstanding the foregoing, the Contractor may elect to provide non -
infringing services.
14.0 DOCUMENTS/PUBLIC RECORDS
14.1 Public Records. Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, Contractor agrees that any records, documents, transactions,
writings, papers, letters, computerized information and programs, maps, books, audio or video
tapes, films, photographs, data processing software, writings or other rnaterial(s), regardless of
the physical form, characteristics, or means of transmission, of Contractor related, directly or
indirectly, to the services provided to the City under this Agreement and made or received
pursuant to law or ordinance or in connection with the transaction of official business by the City,
may be deemed to be a public record, whether in the possession or control of the City or the
Contractor. Said records, documents, transactions, writings, papers, letters, computerized
information and programs,maps, books,audio or video tapes,films,photographs,data processing
software, writings or other material(s), regardless of the physical form, characteristics, or means
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of transmission of Contractor are subject to the provisions of Chapter 119, Florida Statutes, and
may riot be destroyed without the specific written approval of the City's designated custodian of
public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TOTHF CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATINGTO THIS AGREEMENT, CONTACTTHE CtJSTODIAN
OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955,
aluacesCci;winterspringsfforg, City Clerk's Office, 11 26 E. State Road 434, Winter Springs, FL
32708.
Contractor is required to and agrees to comply with public records laws. Contractor shall
keep and maintain all public records required by the City to perform the services as agreed to
herein. Contractor shall provide the City, upon request from the City Clerk, copies of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does riot exceed the cost provided by law. Contractor shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are riot
disclosed except as authorized by law for the duration of the Agreement term. IJpon completion
of the Agreement, Contractor shall transfer to the City, at no cost, all public records in possession
of the Contractor, provided the transfer is requested in writing by the City Clerk. Upon such
transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. I lowever, if the City Clerk does not request
that the public records be transferred, the Contractor shall continue to keep and maintain the
public records upon completion of the Agreement and shall rneet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon
request from the City Clerk, in a format that is compatible with the information technology
systems of the City. Should the City not possess public records relating to this Agreement which
are requested to be inspected or copied by the City or any other person,the City shall immediately
notify Contractor of the request and the Contractor shall then provide such records to the City or
allow the records to be inspected or copied within a reasonable time. If the Contractor does not
comply with a public records request, the City may enforce this Section to the extent permitted
by law. Contractor acknowledges that if the Contractor does not provide the public records to
the City within a reasonable time, the Contractor may be subject to penalties under Section
119.10, Florida Statutes. 'File Contractor acknowledges that if a civil action is filed against the
Contractor to compel production of public records relating to this Agreement, the court may
assess and award against Contractor the reasonable costs of enforcement, including reasonable
attorney fees. All public records in connection with this Agreement shall, at ally and all
reasonable times during the normal business hours of the Contractor, be open and f'reely exhibited
to the City for the purpose of examination, audit, or otherwise. Failure by Contractor to grant
such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice
of cancellation, If the Contractor fails to comply with this Section, and the City must enforce this
Section, or the City suffers a third party award of attorney's fees arid/or damages for violating
Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City
shall collect from Contractor prevailing party attorney's fees and costs,and any damages incurred
by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also
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be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third
party because of the Contractor's failure to comply with this Section. The terms and conditions
set forth in this Section shall survive the termination ofthis Agreement.
1.5.0 ASSIGNMENT
15.1 Contractor may subcontract work under this Agreement provided all
Subcontractors shall have comply with all performance standards and insurance requirements set
forth in this Agreement. Contractor may Utilize only one (1) level of subcontract to operate any
Temporary Debris Sites.
15.2 ll-'any part of this Agreement is subcontracted by the Contractor, the Contractor
shall be fully responsible to the City for all acts and/or omissions performed by the subcontractor
as if no subcontract had been made.
15.3 11"the City determines that any subcontractor is not performing in accordance with
this Agreement, the City shall so notify the Contractor who shall take immediate steps to remedy
the situation.
15.4 It" any part of this Agreement is subcontracted by the Contractor, prior to the
commencement of any Work by the subcontractor, the Contractor shall require the subcontractor
to provide the City and its affiliates with insurance coverage as set 6orth by the City.
16.0 INDEPENDENT CONTRACTOR
16.1 At all times during the term of this Agreement, the Contractor and any approved
subcontractors shall be considered an independent contractor(s) and not an ernployee(s) of the
City.
17.0 DEFAULT BY CONTRACTOR AND CITY'S REMEDIES
17.1 In addition to the City's right to terminate this Agreement for convenience under
Section 18.0 of this Agreement, the City also reserves the right to revoke and terminate this
Agreement for a default and to rescind all rights and privileges associated with this Agreement,
without penalty, based on a default including, but not limited to., any of' the following
circumstances, each of which shall represent a default and breach of this Agreement:
a. The Contractor defaults in the performance of any material covenant or condition
of this Agreement and does not cure Such other default within fifteen (15) calendar days after
written notice from the City specifying the default complained of, unless, however, the nature of
the default is such that it cannot, in the exercise of reasonable diligence, be remedied within
fifteen (15) calendar days, in which case the Contractor shall have such time as is reasonably
necessary to remedy the default, provided the Contractor promptly takes and diligently pursues
such actions as are necessary therefore; or
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b. The Contractor is adjudicated bankrupt or makes any assignment for the benefit
of creditors or the Contractor becomes insolvent, or is unable or unwilling to pay its debts; or
C. The Contractor has acted grossly negligent, as defined by general and applicable
law, in performing the Services hereunder; or
d. The Contractor has committed any act of fraud upon the City; or
e. The Contractor has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement.
L The Contractor has assigned this Agreement or any Task Order without the City's
prior written consent.
17.2 Notwithstanding the aforementioned, in the event of a default by the Contractor,
the City shall have the right to exercise any other remedy the City may have by operation of law,
without limitation, and without any further demand or notice.
17.3 In the event of such termination upon default and breach of this Agreement, any
completed services performed by the Contractor under this Agreement shall, at the option of the
City, become the City's property and the Contractor shall be entitled to receive equitable
compensation for any work completed to the satisfaction of the City. The Contractor, however,
shall not be relieved of liability to the City for damages sustained by the City by reason of any
breach of the Agreement, and the City may withhold any payments to the Contractor for the
purpose of setoff until such time as the amount of damages due to the City from the Contractor
can be determined.
17.4 In addition to any other remedies available at law or provided herein or in RFP
No. 007-18-SB and notwithstanding the aforementioned in this Section 17.0, the City shall be
permitted to terminate this Agreement immediately, with no opportunity for Contractor to cure,
for any of the following material defaults:
a. Mixing debris hauled from other sources with debris hauled under this Agreement;
b. Mixing vegetation debris with construction and demolition debris;
c. Unapproved changes to placards on certified trucks or trailers;
d. Collection of any non-eligible, non-City approved stumps or debris;
e. Moving to another designated Collection Service Area without prior City approval;
L Failure to provide service in accordance with FEMA guidelines; and
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
12
g. Soliciting work from private citizens or others to be performed in the designated
Collection Service Area during the period of this Agreement.
18.0 TERMINATION
18.1 Notwithstanding any other provision of this Agreement, the City may, upon
written notice to the Contractor, terminate this Agreement, without penalty, if: (a) the Contractor
is in default pursuant to Section 17.0 Default; (b) the Contractor makes a general assignment for
the benefit of its creditors; (c) the Contractor fails to comply with any condition or provision of
this Agreement; or (d) the Contractor is experiencing a labor dispute which threatens to have a
substantial, adverse impact upon performance of this Agreement without pre.indice to any other
right or remedy the City may have under this Agreement.
18.2 In addition, either party may terminate for convenience without penalty at any
time upon thirty (30) days advance written notice.
18.3 In the event of termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work properly
performed prior to the effective date of termination.
19.0 GOVERNING LAW & VENUE
19.1 This Agreement is made and shall be interpreted, construed, governed, and
enforced in accordance with the laws of the State of Florida. Venue for ally state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
20.0 HEADINGS
20.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part ofthis Agreement.
21.0 SEVERABILITY
21.1 In the event any portion or part of thereof this Agreement is deemed invalid,
against public policy, void, or otherwise Unenforceable by a court of law, the parties shall
negotiate an equitable adjustment in the affected provision of this Agreement. The validity and
enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable.
22.0 WAIVER AND ELECTION OF REMEDIES
22.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
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22.2 No waiver, consent, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of each party
hereto.
23.0 THIRD PARTY RIGHTS
23.1 Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than the City and the Contractor.
24.0 PROHIBITION AGAINST CONTINGENT FEES
24.1 The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this provision,the City shall have the
right to terminate the agreement without liability and,at its discretion,to deduct from the contract
price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
25.0 ENTIRE AGREEMENT
25.1 This Agreement, including any Task Orders and Schedules, Attachments,
Appendices and Exhibits attached hereto, constitute the entire agreement between the City and
the Contractor with respect to the Services specified and all previous representations relative
thereto, either written or oral, are hereby annulled and superseded.
26.0 NO JOINT VENTURE
26.1 Nothing herein shall be deemed to create a joint venture or principal—agent
relationship between the parties, and neither party is authorized to, nor shall either party act
toward third persons or the public in any manner which would indicate any such relationship with
the other.
27.0 ATTORNEY'S FEES
27.1 Should any litigation arise concerning this Agreement between the parties, the
parties agree to bear their own costs and attorney's fees, whether at settlement,trial or on appeal.
28.0 COUNTERPARTS
28.1 This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
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29.0 DRAFTING
29.1 The City and the Contractor each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the interpretation
of this Agreement in the event of a dispute between the parties.
30.0 NOTICE
30.1 Any notices required to be given by the terms of this Agreement shall be delivered
by hand or mailed, postage prepaid to:
For Contractor:
A Budget Tree Service, Inc.
Attn: Date Meagher, President
710 E. State Road 434
Winter Springs, FL 32708
(407) 327-2520
For City:
City of Winter Springs
Attention: Shawn Boyle, City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5960
30.2 Either party may change the notice address by providing the other party written
notice of the change.
30.3 Any Notice given as provided herein shall be deemed received as follows: if
delivered by personal service, on the date so delivered; if delivered to an overnight Courier
service, on the business day immediately following delivery to Such service; and if mailed, on
the third business day after mailing.
31.0 SOVEREIGN IMMUNITY
31.1 The City intends to avail itself of the benefits of Section 768.28, Florida Statutes
and any other statutes and common law governing sovereign immunity to the fullest extent
possible. Neither this provision nor any other provision of this Agreement shall be construed as
a waiver of the City's right to sovereign immunity Linder Section 768.28, Florida Statutes, or
other limitations imposed on the City's potential liability Linder state or federal law. Contractor
agrees that City shall not be liable under this Agreement lor punitive damages or interest for the
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
15
period before judgment. Further, City shall not be liable for any claim or judgment, or portion
thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds
three hundred thousand dollars ($300,000,00). Nothing in this Agreement is intended to inure to
the benefit of any third party for the put-pose of allowing any claim which would otherwise be
barred under the doctrine of`sovereign it-runLinity or by operation of law. This paragraph shall
survive termination of this Agreement.
32.0 CORPORATE REPRESENTATIONS BY CONTRACTOR
32.1 'The Contractor hereby represents and warrants to the City the following:
a. The Contractor is duly registered and licensed to do business in the State of Florida
and is in good standing Linder the laws of Florida, and is duly qualified and authorized to carry
on the functions and operations set forth in this Agreement.
b. The undersigned representative of the Contractor has the power, authority, and
legal right to execute and deliver this Agreement on behalf of the Contractor.
33.0 INDEMNIFICATION ANL► LIMITATION OF LIABILITY
33.1 I'he Contractor shall defend, indemnify and hold the City, its elected officials,
officers, employees, agents, and Volunteers harmless from any and all claims, injuries, damages,
losses, costs or suits, including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Contractor in performance or non-performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City. Contractor shall also indemnify
and hold harmless the City, its elected officials, officers, employees,agents,and volunteers, from
liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to
the extent caused by Contractor's breach or caused by other persons employed by the Contractor
in the performance of the Agreement and any Task Order. Contractor's indemnification
obligation under this paragraph shall not be limited in any way by a limitation on the amount or
type of damages, compensation or benefits payable by or for Contractor, under workers'
compensation acts, or other related policies of insurance.
The Contractor specifically assumes potential liability for actions brought by the
Contractor's own employees against the City and, solely for the purpose of this indemnification
and defense, the Contractor specifically waives its entitlement, if any, to iMITILinity Linder Section
440.1 1, Florida Statutes. This waiver has been specifically and mutually negotiated by the
pat-ties.
The indemnity provisions set forth in this Section shall Survive termination of this
Agreement.
33.2 For other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged, Contractor expresses its willingness to enter into this Agreement with the
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
16
knowledge that the Contractor's recovery from the City to any action or claim arising from the
Agreement is limited to a maximum amount of the SLIM of any Agreement amount that is owed
by the City for services actually performed by the Contractor to the City's complete satisfaction,
and in no case shall exceed the amount provided in article 32.1 herein, Nothing contained in this
paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the
limitation placed upon the City's liability as set forth in Section 768.28 Florida Statutes, or to
extend the City's liability beyond the limits established in said Section 768.28 Florida Statutes;
and no claim or award against the City shall include attorney's fees, investigative costs, expert
fees, suit costs or pre-Judgment interest.
34.0 ADDITIONAL ASSURANCES
34.1 The Contractor for itself and its Sub-Contractors, if any, certifies that:
a. No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing work under this Agreement is presently debarred,
Suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any architecture, landscape architecture, engineering, or Surveying activity by
any Federal, State, or local governmental commission, department, corporation, Subdivision or
agency;
b. No principal (which includes officers, directors or executive) or individual
holding a professional license and performing work Linder this Agreement, employee or agent has
employed or otherwise provided compensation to, any employee or officer of the City-, and;
C. No principal (which includes officers, directors or executive) or individual
holding a professional license and performing work under this Agreement,employee or agent has
willfully offered an employee or officer of the City any pecuniary or other benefit with the intent
to influence the employee or officer's official action or-judgment.
d. The undersigned is authorized to execute this Agreement on behalf of the
Contractor and said signature shall bind the Contractor to this Agreement. No further action is
required by the Contractor to enter into this Agreement other than the Contractor's undersigned
representative's execution of the Agreement.
35.0 FEDERAL CONTRACT REQUIREMENTS INCORPORATED
35.1 The Contractor acknowledges and agrees that FEMA financial assistance will be
used to fund this Agreement. Accordingly, those contractual provisions required by FEMA and
incorporated herein by this reference as Attachment "C" shall further govern this Agreement.
36.0 BONDS
36.1 The Contractor shall supply a performance and payment bond(s) in the form
approved by the City Attorney and in accordance with Florida law upon execution of this
Agreement. This initial performance and payment bond shall be in the amount of$300,000.00,
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
17
to guarantee performance of initial mobilization and a minimum removal of 30,000 cubic yards
of debris. Subsequent performance and payment bonds shall be required if the estimated debris
removal will be in excess of 30,000 cubic yards, which will be specified in subsequent Task.
Orders. Furthermore, within thirty(30)days of completion of Services Linder this Agreement for
a single disaster event,the Contractor shall supply an additional initial performance and payment
bond in the form described above to guarantee performance in any Subsequent disaster events.
37.0 COORDINATION OF CONTRACT DOCUMENTS.
This Agreement consists of this Agreement for I-lurricane Disaster Debris Removal. Reduction
and Disposal form and Exhibits A through C. If there is any inconsistency between this
Agreement for I-lurricane Disaster Debris Removal, Reduction and Disposal form and any of the
Exhibits, this form shall take precedence, then Attachment A, and finally Attachment B.
IN WITNESS WHEREOF, the parties hereto Caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY: CONTRACTOR:
CITY OF WINTER SPRINGS A BUDGET TREE SERVICE,
INC.
Shawn Bovie, City anager --' fitle "-.6
A'."T ES,)':
nre�,
'd orenzo- uaces, MC
,i ' LM
City Clerk
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
18
ATTACHMENT A—REQUEST FOR PROPOSAL FOR HURRICANE/DISASTER
DEBRIS REMOVAL, REDUCTION AND DISPOSAL
RFP No. 007-18-SB
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
19
e'01 y
44
So
Ptly Lk � @'Wap
Incorporated,
Ii "
"~ 9
c, �°
REQUEST FOR PROPOSAL
FOR
REMOVAL,HURRICANE / DISASTER DEBRIS
REDUCTION AND DISPOSAL
P NO. 007-18-SB
MAY 9 2018
City of Winter- Springs
1126 Fast `Mate Road 434
Winter Springs, Fl,32708
Table of Contents
PART I
GENERAL INFORMATION
1.9u,pos -------------------------------------------J
2,Selection Process and Evaluation.... ----_ ....... – ......... --- ...... ------ ......
3.Procurement Schedule..................----- ............ ..........---- ...... – ......
---'--]
4, Proposal Submission and Withdrawal
------_------------_--------\
5.Communication Protocol -----------...............--_–.---......--.-----2
6.Addenda-------------.-----...... .........----............---..... ... -----2
7, Rights o[the CITY .......---... ..... ------.-- ........ ........... --...... ----.......
–2
8Proposal Preparation Costs --- ......... – ...... ------ ...... ------ ........----'3
9. Interpretations ...--....... ---............. --......----_– .............------ ..............S
|U,Non-Collusion Affidavit–-------------- ..........----....... ........ 3
liPublic Entity Crimes ---_----_----- ..... --- ...... –.........— ...... ----'3
|2. Public Records Act/Information Disclosure mThird Parties --....... ----- ...... --3
|9. Posting vf Recommendation for Award ...------ ...... -------...............----A
A. |mmmnce--- ..... ........------ ......... --................ ...... --......– ...... 4
D.Cone ofSilence -----........... ........... -- .......------.......---...... ------_4
l6Agreements with other Go,cmmmnm} Entities ...---........–......------- .......----4
l7. Scrutinized Companies ................. ...... ----........ ...... ................ ---- ............ ---5
|8.Third Party Beneficiary Disclaimer.... -------- ............. ..........----- .............5
PART 11
STATEMENT 0PWORK
iP,oject Description and Requirements ..... ........ -- ...... .........-- ....... ...... --_–........j
2. Introduction .......... --......--------- .......–... .....–... ...... .........
---�------6
3. Scope v[Work/Overview......---------_–....... .......--....... -------^ ........6
4.Miscellaneous Requirements ........... .................. .............. ....... .............. ------...... |5
IPerformance n[Contractor......--- .......----- ......... ........ -----.............. ......– i6
PART III
PROPOSAL SUBMISSION REVD|K£h1ENTS
|. Proposal Submission Requirements and Format .... ------------------ ..... )7
PmRTIV
PAOpOSALEVALUATION AND AWARD
) General ... ...............---....... – ... ... ------------ ...... ----...... ----..... |9
Z. Evaluation Criteria ---.... ...... ......--------------........................----.-2O
3.Evaluation Method ........ ---------........ ----....... .......... –...... ------ ...2V
4. 6ward ....... – ...... ........--------- ...... ------------_---'-----2|
PART
PROPOSAL FORMS �
|. Proposal Fonn | –Transmittal Luxu--...----........ ---................. ............ ---' Z2 |
| J,Proposal Form 2–Price Prnppau ..... ........... _ .... – ................... --------- ...... 24
| 4. Proposal Form 3–Non-Collusion Affidavit -- ............... – .................. ---_ ... --20
� 5.Proposal Form 4–Drug-Free Workplace ....... ---- ...... –......– ..................... –..... –Z7
PART VI
|
ATTACHMENTS
A. Debris Zones and Potential Tompo,uryDcbhsSitm�Wup |
! |
C Location ofPubUc|yOwned Debris Management Sites
�
�
! /
PART I GENERAL INFORMATION
1. Purpose
.I'he purpose of"this Request for Proposal (RFP) is to solicit formal written Proposals from experienced
individuals, corporations, partnerships and other legal entities(PROPOSER)to perform
Hurricane./Disaster Debris Removal, Reduction, and Disposal Services for the City of`Winter Springs
2. Selection Process .and Evaluation
The selection process will be conducted by the Selection Committee in accordance with, but not limited
to, the methods and criteria described in Part 1V-- Proposol Evaluation and ward,
3. Procurement Schedule
A surninary schedule of the major activities associated with the C lTY'S procurement process for
this Solicitation is presented in Table 1 The CITY, at its sale discretion,
may modify the schedule as it deers appropriate. The CITY will notify ofany changes in
association with submittal dates by written Addenda in accordance with Part 1, S"cctiou 6 Addenda.
Table I - Procurement Schedule
No. A4"I'tVITY DATE
_____._.. May 1,2(118
ora Rl-'I �1_=
LastDatefor City to Recerva ( ae�straaas awl 1, 2018
3 Last Date for City to Issue Addendtma in Response to May 18„2018
Questions
4 Proposal Submission DLle Date May 30 2018
5 Selection Committee Mectuag(tentative dale) � June 8 2018
4. Proposal Submission and Withdrawal
The CITY must receive all Proposals no later than 2:00 P.M., Eastern Time, ort the date
established in Fart 1, .Section 4— Procuremem Schcdulcr, at the fallowing address:
Shawn Boyle, Director of Finance
City of'Winter Springs
1126 last State Road 434
Winter Springs, Florida 32708
The CITY cautions those submitting Proposals to assure actual delivery of mailed or hand delivered
proposals directly to the CITY'S Utility Billing Department office at 1 126 East State Road 434 in Winter.
Springs, Florida prior to the deadline set for receiving.Proposals, if the Proposal is hand
delivered,deposit it with the Utility Billing Manager in City Hall. "Telephone confirmation of timely;
receipt of the Proposals may be made by callim-,,(407) .327-1800 before the deadline. All Proposals
received after the established deadline will be rejected and returned unopened.
PROPOSER may eNithdraw their Proposals by notifying the CITY'S Finance Director
in writing at any time prior to the time set for the Proposals receipt deadline. PROPOSERS may
withdraw their Proposals in person or through all authorized representative. PROPOSERS and authorized
representatives must disclose their identity and provide a signed receipt for the Proposals. Proposals,
once opened.. become the property ofthe CH Y and G ill not be returned to the PRC)POSFRS.
5. Communication Protocol
All questions and C01111111.1nications concerning this procurement process must be directed to
Shawn Boyle, Director of Finance.All requests for clarifications or additional
information must be submitted in writing via electronic mail to shoylea w)hoxi%pi
All questions shall be submitted no later than (fie date specified in Tuble I—
Procurement Schedule. The CITY will record its responses to questions, it*any and address
them in the forni of written Addendum,
6. Addenda
Should revisions to the REP become necessary, the CITY Will iSSLIe written Addenda. All
Addenda Must be acknowledged. ']"his Acknowledgement must be included in Proposal Iorni I
'I"ransillittal Letter. Addenda nia
y be downloaded from the CITY'S website at
be
rejected as non-responsive it'PROPOSERS have failed 10 submit Proposal Without Addenda
Acknowledgement. All PROPOSERS should contact the CITY no more that) five(5)calendar days
before the due date for receiving Proposals to ascertain )khcther any Addenda have been issued. 1.3ilUre of
the PROPOSE'R to make this inquiry Could result in its Proposal being non-responsive in the event
addenda were issued and not acknowledged by the PROPOSER in their submittal.
No Addenda will be issued later than five(5)calendar days prior to the due date for receipt off"roposals
except all Addendum \vithdraw ing the RFP or one that includes postponement ofthe date for receipt of
Proposals,
7. [lights of the CITY
This [UP constitutes an invitation for submission ol'Proposals to the CITY This Rf-'P does not
obligate the CITY to procure or contract for any of the scopes of services set forth in this RJ`P.
The CITY reserves and holds at its sole discretion, various rights and Options Under I'lori(ki laky.
including Without limitation,the following:
a To prepare and issue addenda to the RI-T that inay expand. restrict, or cancel in), portion or all
work described in the RFP without obligation to commence a new procurement process or issue a
modified or amended RFP,
e I'o receive questions from potential PROPOSEIRS and to provide such au', WrS in writing as it
deems appropriate.
a To waive any infornialities, technicalities or irregularities in the PrOPOSaIS SUbluitte(L
%ject any and all Proposal SLibinissions.
To change the date for reccipt of'Proposals or any deadlines and dates specified in file k I'I
To change the procurement and/or selection process prior to receipt of Proposals.
RFP No� 007-18-SB May 2018
'I o conduct investigations with respect to (lie information provided by each PROPOSI'R and to
request additional information (either in writing,, or in presentations and interviews) to support
Such PROPOSER'S response,,; and submittals.
e To visit facilities referenced in the l"ROPOSER'S SUllniinal at any time or times during, the
procurernelit process.
To seek clarification of Proposals from the PROPOSERS either in writing Of in presentations and
interviews.
To cancel the RFP: with or without the substitution of another REP.
8. Proposal Preparation Costs
The CITY accepts no liability for costs and expenses incurred by the PROPOSER in preparation
and submission of Proposals and responses to clarifications from the CITY, potential site visits
and interviews, negotiations, future RFP or any other work performed in connection with the Proposal,
Each PROPOSER that enters into the procurement process shall prepare tile required materials and
Submittals at its own expense and with the express understanding that they cannot make any claims
whatsoever for reimbursement from the CITY for the costs and expenses associated with the
process. PROPOSER Should prepare their Submittal providing a straightforward and concise description
of the PROPOSER'S ability to meet tile requirements of the RFP. Unnecessarily elaborate brochures, art
work,expensive paper. bindings, Visual and other presentation materials, beyond that Sufficient to present
a complete and effective response to this RFP is not desired,
9. Interpretations
The CITY will not be bound by or responsible for any explanation or interpretation of the RFP
documents other than those given in written addenda. In no event shall PROPOSERS rely oil any oral
statement by the CITY. its staff. agents, advisors. or consultants.Any PROPOSER that submits in its
C
Proposal to the CITY any information which is determined to be substantially inaccurate, Misleading,
exaggerated,or incorrect, rilay be disqualified front consideration.
10. Non-Collusion Affidavit
The PROPOSER is required to submit Proposal Form 3—Non-Collusion Affidavit Stipulating Agreement
to the following: "PROPOSER certifies that its Proposal is made without previous understanding,
Agreement, or connection with any person, firin, or corporation making a Proposal for the same items)
and is in all respects fair,Without Outside control, collusion, Fraud, or otherwise illegal action".
11. Public Entity Crimes
Pursuant to Section 287.133(2)(a), as amended: A person or affiliate who has been placed oil the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids oil leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with an), public entity
in excess of tile threshold amount provided in Section 287.017 for CATEGORY'TWO for a period of
thirty-six(36) months from the date of being placed on the convicted vendor list.
12. Public Records Act/Information Disclosure to Third Parties
Scaled bids, proposals, SOQs.or replies received by the CITY pursuant to a competitive
solicitation are exempt from s. 1 19.07(1)and s.24(a),,Art I of the State Constitution until such time as the
CITY provides notice of an intended decision or until thirty (30)days after opening the bids,
proposals, SOQs, or final replies, whichever is earlier.As such, the CITY shall not in any way
be liable or responsible for the disclosure or result of disclosure of any Submissions or portions thereof'
submitted in response to the RFP.
The law provides for certain CXCILISions to disclosure. If tile PROPOSER believes that some information
contained in their Proposals is exempt from disclosure, the PROPOSER is instructed to label such
information as confidential,specify the pertinent section of the public record law that justifies
nondisclosure, and request in writing the CITY keep such information confidential and free from
disclosure. The CITY reserves the right to make any final determination of tile applicability of
the public records la\v. In addition, all Proposals received by the Proposal Submission date will become
the property ofthe CITY and will not be returned,
Oral presentations, meetings where PROPOSER(S) is answering questions, negotiations, and CITY
meetings to discuss negotiation strategy are exempt from public access.
13. Posting of Recommendation for Award
Recommendation For Award will be posted on the date of the Selection Committee meeting for a period
P. of five(5)calendar days. It is the PROPOSI.-,"RS' sole responsibility to ascertain the time and date of
posting of the Recommendation for Award. This may be accomplished by telephone,e-mail, or other
means deemed timely by the PROPOSER.
14. 1insurance
The awarded PROPOSER(S)shall maintain insurance coverage reflecting the minimum amounts and
conditions. In the event the PROPOSER(S) is a governmental entity or a self-insured organization,
different insurance requirements may apply. RFP No. 007-18-SB. Misrepresentation of any material fact,
whether intentional or not. regarding the PROPOSER(S) insurance coverage, policies or capabilities may
be grounds for rejection of the proposal(s)and rescission of any ensuing agreement(s).
15. Cone of Silence
PROPOSERS are advised that a Cone of Silence that prohibits any communication, except for written
correspondence, regarding a particular request for proposal, request for qualification, bid,or any other
competitive solicitation between PROPOSERS or any person representing the PROPOSERS and any
member of the CITY Governing Board,their staff,any CITY employee authorized to act on behalf of the
CITY to award the contract Under this response, or any member of the selection committee authorized to
evaluate the response.The Cone of Silence shall be in effect as of the deadline to Submit response even if
response is withdrawn or is otherwise eliminated from consideration consistent with the procedures as
outlined in this RFP, The('one of Silence shall remain in effect until the Governing Board,or CITY staff,
if authorized to act on behalf of the Board, awards or approves the contract, rejects all responses or
otherwise takes action which ends the solicitation process.
The provisions of this article shall not apply to Oral Communications at any public proceeding, including
pre-proposal conference, oral presentations before selection committees.and contract negotiations during
any public meetings. presentations made to the Board and protest hearings. Further,the Cone of Silence
shall not apply to contract negotiations between CITY employees and the intended awardee(s), ally
dispute resolution process following the filing of protest between the person filing the protest and
any CITY employee, or any written correspondence at any time with any CITY employee, Board member
or Advisory board member, or selection committee member, unless specifically prohibited by the
applicable competitive solicitation process. The Governing Board by means of action taken at any
properly noticed Governing Board meeting may invoke the cone of silence earlier than the time specified
in this section for any procurement.
16. Agreements with other Governmental Entities
All PROPOSERS submitting a response to this RFP agree that such response also constitutes a response
to all State Agencies and Political Subdivisions of the Slate of Florida under the same terms and
conditions, for the same prices and for the same effective period as specified in this RFI-)-.should the
successful PROPOSER deem it in the best interest of their business to do so. The Agreements)resulting
from this RFP in no way restricts or interferes with any State Agency or Political Subdivision of the State
of" lorida from re-solicitation for any or all items specified in this RFP,
17. Scrutinized Companies
As provided in F.S. 287.135, by entering into any, Agreement with the CITY, or performing any,
work in furtherance hereof. CONTRACTOR hereby certifies that CONfRACTOR and
CONTRACTOR'S affiliates, suppliers, subcontractors and consultants who will perform hereunder,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, If the
CITY determines, using credible information available to the public,that a false certification has
been submitted by CONTRACTOR, this CONTRACTOR may be terminated and a civil penalty equal to
the greater of$2 million or twice the amount of this Agreement shall be imposed. pursuant to F.A.
287135.
18. Third Party Beneficiary Disclaimer
It is not the intention ofthese RTP documents to create third party beneficiary status in any person or
entity that is not a direct party to the contract awarded as a result of being the successful Proposer,and no
language in these R113 documents or the contract awarded Pursuant to this RFP should be construed or
interpreted as creating a third party beneficiary.
PART 11
L STATEMENT OF WORK
1. Project Description and Requirements
The CITY seeks experienced firms to remove and lawfully dispose of disaster-generated debris
(other than hazardous materials and household PUtreSCible garbage) from public property and public right-
of'-ways in Incorporated Winter Springs, 1,lorida, immediately after a hurricane or other'disaster.
I'lle objective of the RFP and subsequent contracting activity is to secure the services of an experienced
CONTRACTOR who is capable of efficient].),removing large volurnes of disaster-generated debris from
a large area in a timely and cost-effective manner and lawfully disposing of all debris. CONTRACTOR
must be capable of assembling, directing, and managing a work- force that can complete the debris
management operations in 120 days or less. The duration of effort/completion dates of all tasks will be
determined
,jointly by the CITY and CONTRACTOR. This determination will be set in writing
in appropriate Task Order(s).
The CONTRACTOR shall perform all work tit accordance with FEMA guidelines in order to maximize
recovery ofreirnbUrsable expenses, 1-his task shall include the provision of audit quality documentation
as required by and acceptable to FEMA for all work accomplished.
The CONT"RACT"OR may be reqUired, at the CITY'S discretion, to be Under the direction of an
agent of the CITY.
While intended to cover debris management needs in any major disaster scenario, the primary focus is on
the threat of hurricane damage to Incorporated Winter Springs, Florida, The planning standards used For
this project are based on the anticipated impacts ofa named stotin event or major flood impacting
Incorporated Winter Springs, Florida. The CITY intends to enter into contingency Agreement to provide
emergency debris removal and disposal services as required by the CITY
2. Introduction
The CITY'S disaster recover), planning includes considerations for removing and processing the
volumes and types of debris expected to be generated by a major disaster such as a hurricane and the
procedures for disposing of that debt-is,'file planning approach is formulated in part on the concept of
strategic pre-positioning ot"plans and resources necessary for tirriely, coordinated recovery operations,
including removal ot'debris front public property and right-of-ways throughout Incorporated Winter
Springs Using a combination ofinunicipal and CONTRACTOR forces.
If activation is reClUired the CITY intends to activate contracts oil all as-needed basis as solely
determine(] by the crry. fhe crrY intends to activate the('"ONTRACTOR as best meets file needs ofthe
CI VY. file CITY reserves the sole right to assign/reassign my or all CON FRACTORS at any time as
may be deemed appropriate depending upon file Circurnslarice(s), the event, or any other condition which
inay warrant such action.
'file CON I'RAcfoR must have the experience and capability to manage a major workforce with multiple
subcontractors and to cover the expenses associated with a niqlor recovery operation prior to the initial
CITY payment and between subsequent payments, as well ,is the capacity to provide the necessary bonds
and insurance. The CONTRACTOR must also have an established inanagenlent team, an established
network Of reSOLII'CeS to provide the necessary equipment and personnel, comprehensive debris removal
and VOILJIlle reduction operations plans, and demonstrable experience in major disaster recovery proJects.
The Agreement to be avvarded Under this RFP will be a contingency Agreement that will be activated only
in the face of an emergency. As such. no compensation will accrue to the CONTRACTOR unless and
until file Agreement is activated either in anticipation of natural disaster or immediately after such
disaster.
CONTRACTOR who receives a contingency Agreement for the work, may be required to participate in
certain CITY directed disaster recovery training and/or exercises. I to 2 days each year, at it(.) cost to the
C,If Y,
Hie CITY does not guarantee a CONTRACYOR kill be activated if axNarded a standby
agreement.
2.1 Planning Standard for Debris Removal and Disposal
The(I IYS goal is to complete the debt-is removal and disposal process in 120 da)s. This
'ISSLIines that tire entire area of"the City will be accessible within that period. Doe to the low elevation
and potential for flooding, some areas might not be accessible for several weeks after a major natural
disaster. The CONTRACTOR mum be aware that it ridido not be possible to initiate operations in all
parts of the City simultaneously immediately after a storm.
2.2 Debris Management
Planning for debris management operations is a function of the Department Of Public Works as a
supporting agency to the City, The CITY'S Director of Public Works will direct the debris removal and
disposal operations.
In addition to using CITY forces and equipment, the CITY intends to execute one(but
reserves the right to execute more than one)debris removal and disposal Agreements on a
contingency basis for the purpose of having CONTRACTOR.(S)immediately available and committed to
assisting the CITY in the aftermath ot'a major disaster. Each CONTRACTOR holding a debris
removal and disposal Agreement will serve as a General CONTRACTOR for(lie purpose of debris
removal and disposal operations, and will be able to use his/her own and subcontractor resources to meet
the obligations of the Agreement. It is anticipated that the CONTRACTOR will use both local and
non-local subcontractors. Notwithstanding, the CONTRACTOR will make every effort to use Small
Business Enterprises(SBE), to the maximum extent practicable.
When a major disaster OCCUIS Or is imminent,the CITY intends to contact CONTRACTORS holding
Debris Removal and Disposal Agreements to advise them of the CITY'S intent to activate the
Agreement(s). Debi-is removal will generally be limited to debris in, upon, or brought to City residential
private and public streets and roads, right-of-ways, municipal properties and facilities, and other public
sites(this includes debris from customers assessed for residential solid waste and recycling collection
services by the C'ITY). The CONTRACTOR will be responsible for determining the method and manner
ot'debris removal and lawful disposal operations, consistent with the CITY'S Debt-is Management Plan.
Disposal of debris will be at CITY approved Temporary Debris Sites or landfill sites. The
CONTRACTOR will be responsible for the lawful disposal of all debris and debris-reduction by-products
generated at all Temporary Debris Sites.
When a major disaster occurs or is imminent, the CITY will initially send Out an Alert to the
selected CONTRACTOR(S). This Alert will serve to activate the lines of communication between the
CONTRACTOR representatives and the CITY. Subsequently, the CITY will issue the first Task Order
which will authorize the CONTRACTOR to send an Operations Manager to the CITY within 24 hours of.
receiving such Task Order to begin planning for the operations and mobilizing the personnel and
equipment as necessary to perform the stipulated work. This first Task Order will also direct the
CONTRACTOR to execute the required Performance and Payment Bond. The CONTRACTOR should
anticipate receiving this first Task Order 24 to 72 hours before projected landfall of a hurricane.
Depending on the nature of the storm and circumstances the CITY may activate
more than one (1)CONTRACTOR,
Specific task orders will be issued to select CONTRACTORS based on the best interest of'City, The
CITY reserves the right to assign work or task orders to various CONTRACTORS
based on pricing submitted, The CITY does not guarantee a cradle to grave pricing arrangement
but reserves the right to pick and choose CONTRACTORS based on ranking.
The general concept of debris removal operations includes multiple, scheduled passes of each site,
location, or right-of-way. This will allow residents to return to their properties and bring debris to the
private and public right-of'-Nvay as recover), progresses. The CITY will prescribe the specific
schedule to be used after ascertaining the scope and nature of the disaster's impacts.
The CITY will make every effort to identify strategically located Temporary Debi-is Sites
throughout the City prior to a natural disaster, Depending Upon the severity Of the natural disaster.
additional Temporary Debris Sites will be identified as needed.
The CONTRACTOR will operate the Temporary Debris Sites and only CONTRACTOR vehicles and
others specifically authorized by the CITY will be allowed to use the sites. Only one(1) level of
subcontractor will be allowed to operate the sites. 'There will be no multi-tiered subcontractors(sub of a
sub)allowed to operate temporary debris sites. The CONTRACTOR is responsible for all activity at
temporary debris sites operated by their subcontractor and must have an employee on site at all times to
oversee daily operations.The locations of publicly owned sites currently under consideration are shown
on Attachment C. Additional sites(privately owned mostly) may become available as plans develop.
The CITY may also establish designated homeowner drop-offsites.The CONTRACTOR will
be responsible for removing all eligible debris from those sites daily at the direction of the Emergency
Management Coordinator or designee.
3. Scope of Work/Overview
This section is divided into three (3) Subsections:
3.1 Debris Removal and Disposal Operations from residential public and private streets, roads
and right-of-ways and delivered to a Temporary Debris Site.
3.2 Temporary Debris Site Operations which includes daily operations as Well as reclamation of
the site to its pre-storm condition or as directed by the CITY Director of Public Works.
3.3. Processing,Loading and Hauling Material from Temporary Debris Site to final destination.
Specific work authorizations by the CITY Will be through written Work Orders. Work Orders will
define the job to be accomplished, location of job,time-frame for completion, rates to be used, etc. Any
job with requirements or rates not covered by this Proposal will be negotiated. The CITY
reserves the right to extend operations on a Weekly basis. Work Orders will be executed bilaterally.
performance Will be by the metrics established in the Work Order(s). After 1/3 and again after 2/3 of the
stipulated number of days of Work in the Work Order have elapsed,the CONTARCTOR(s)shall provide
written progress report to the CITY for review and acceptance.The CITY shall have the
right to correct for CONTRACTOR'S default Or Underperformance by any means it deems in its best
interest.
The CONTRACTOR shall commence mobilization immediately upon receipt of the mobilization Work
Order meeting the following progress patterns: 48 hours-collection activity within assigned Collection
Service Area. Within seven(7)calendar days CONTRACTOR shall have 100%of all necessary
equipment operating within all Collection Service Areas.This represents a minimum response schedule
L
and does not restrict an earlier response. Subsequently, the CITY may issue additional Work,
Orders to define more precisely the work to be accomplished or to authorize additional Work. Tile
CONTRACTOR shall perform in accordance with each Work Order in all designated Collection Service
Areas established by the CITY. Each Work Order will be uniquely and sequentially numbered.
The CONTRACTOR is authorized to collect debris during daylight hOLIrS.Seven (7) days per week. Any
deviations from this schedule Will require CITY approval. The CONTRACTOR must be duly licensed to
perform the work in accordance with the State of Florida statutory requirements. The CONTRACTOR
shall obtain all permits necessary to complete the work.
The CONTRACTOR shall be responsible for determining what permits are necessary to perforin Linder
the Agreement. Copies of all permits shall be submitted to the CITY Director of Public Works prior to
issuance of the first Work Order. The quantity of Work required to complete the Agreement resulted from
this RFI'is estimated. The actual effort required may be more or less than the estimated allIOUnt shown in
the proposal Form 2 —Price Proposal, Payment will be made at the unit rates proposed. Hie output sill be
verified by the CITY Emergency Management Coordinator in the daily operational report. Should hourly
rates he used to pay for certain equipment then preventative maintenance. not in excess of fifteen (15)
lllillffleS in a normal workday, will he paid at the regular hourly rate. Preventative maintenance or down
time resulting from equipment failure, routine maintenance arid fueling that exceeds fifteen(15)minuteszl_
will be considered unacceptable work, and non-payment of that time will be rounded off to the halt'llour
of all hours where delays occur. Preventative maintenance is defined as the usual field maintenance to
keep equipment in operating condition Without Lite use of extensive shop equipment. Fueling of.
equipment will be considered as part of preventative maintenance.
"I"he CONTRACTOR shall be responsible for correcting any notices Of Violations issued as a result Of the
CONTRACTOR'S or any subcontractor's actions or operations during the performance of this
Agreement. Corrections for any Such violations shall be at no additional cost to the CITY.
The CON'I RACTOR shall conduct the work so as not to interfere with the disaster response and recover
activities of federal,state or local governments or agencies, or of any public utilities or other private
contractor,
The CONTRACTOR shall provide contact infoi-ination for all key personnel to the CI I Y that
shall include name, phone number. cellular phone number and email address.The CONTRACTOR and
its agents shall respond in a timely manner to all CITY inquiries at all fillies.
3.1 Debtris Removal and Disposal Operations
3.1.1 General
Fhe purpose ofthis section is to define the requirements for debris removal and disposal operations after
ail), catastrophic disaster within Incorporated Winter Springs. The C11"Y may designate zones I-or
collection and disposal of'debris, CONTRACTORS will be tasked with a service area(s)for this specific
work. For work performed oil a T ime and Materials basis, all hOUrly,equipment rates shall include the
cost of,the maintenance, fuel. repairs, overhead. profit. insurance. and all other costs associated with the
eClUipluent including labor and operator.
3.1.2 Services
The CONTRACTOR shall provide eqUipluCrit, (JUalified operators and laborers for debris removal
operations.The CONTRACTOR shall provide all labor and materials necessary to fully operate and
maintain (including fuel,oil.grease, and repairs) all equipment under this Agreement.
All rates are to include the cost of protective clothing(to include hardhats and steel-toed hoots), fringe
benefits, hand tools, SUpervision, transportation, lodging and all other costs.
The work shall consist of clearing ail(] removing disaster generated debt-is as directed by the
CITY Public Works Director, CONJ RACTOR shall provide collection equipment the day follo\\ing a
natural disaster or as directed b,, the CITY and shall provide equipment sufficient to collect a rilinin'11.1111 01'
500 cubic yards ot'debris per day within five (5) calendar days ofcollection commencement (Pass C1'"'Y
natural disaster cleanup records show that seven (7) days' following disaster, 1.000-1,500 cubic yards of
debris was collected per day). Failure to provide Sufficient equipment necessary to collect required
amount may result in the CITY entering into a separate agreement with another contractor lot-collection
services,
o
3.1.2.1 Collection of Storm Generated Residential Vegetation
and Construction and Demolition Debris
It is the CITY'S goal to enSUIT that Vegetation and ('otisti'Lictioti/Deiiiolitior) debris remain
separate task orders for the collection ot'Vegetation and Construction loads. Mixing of loads by the
CONTRACTOR at the road riolit ofway will not be tolerated.
Work may include:
1. First pass to clear debris front emergency evacuation routes.access roads to critical
facilities and all primary roadways.
2. Clearing debt-is front residential private and Public road right of ways.
3. Loading the debris.
4. 1 laul ing the debris to ail approved Temporary Debris Site or ail authorized landfill.
5. Dumping the debris at the Temporary Debris Site or at an authorized landfill.
Debris delivered to a Temporary Debris Site or authorized landfill will be paid based on the Per cubic
yard price according to the Proposal Form 2-- price Proposal.
3.1.2.2 Hourly Rate Clearing
From 0-70 hours following a disaster CONTRACTOR, as designated by the CITY, shall provide
the clearing services oil ail 1100fly rate that shall illClUde the following:
1, Clear debt-is front emergency evacuation routes, access roads to critical facilities,
and primary roadways.
2. Perform emergency removal ot'debris if needed for life-saving measures.
3. ('01RILICI daily briefings with debris managers and other officials to update progress
and diSCUSS issues.
4. Develop a traffic control plan along Potential haul routes and at debris management
and disposal sites.
I'lic CONTRACTOR shall not move from one designated Collection Set-vice Area to another area without
prior approval front the CITY Public Works Director-or designee. CONTRACTORS and/or
SUIXOntraCtOrS that 111OVC to a designated Collection Service Area without prior(11-Y approval may be
terminated immediately. The CITY reserves the right to relocate CONTRACTOR to other('ollection
Service Areas based on need and ability to perform required work at an acceptable level. 'T'he CITY
reserves the right to immediately terminate (.'()N'l RA('I'('.)R and any subcontractor who tails to provide
service in accordance to guidelines set Forth by Fl"MA and the CITY.
The C'IT'Y or-designee shall forward all claims of damage to the CONTRA(-[OR daily,
CONTR A("FOR shall provide all contact information, including name, phone number, Cellular phone
number, fax number and entail address, for personnel responsible for resolving all claims of damage.
CON'l RACTOR must respond to all claims ot'damage within 24 hours and resolve within ten(1(f)
calendar days. Mailboxes must be repaired oi- replaced ww ithin five (5)calendar days. ON't RM"I OR is
responsible for all damage caused by his crew and/or subcontractors in the perfOrmance of-debris
removal.
III tile event the CONTRACTOR tails to repair damages as a result of the Contractor's equipment failure
or negligence within the time provided within this Agreement,the CITY or designee may arrange for the
repairs and assess the CONTRACTOR for the cost of the repairs and any applicable administrative
charges. Any disputes as to damage responsibility will be presented to the Emergency Management
Emergency
Coordinator or designee for review. Tile decision of the Emergency Management Coordinator or designee
will be final,
3.1.3 Equipment
All trucks and equipment must be in compliance with all applicable federal, state,and local I-Liles and
regulations. Trucks used to hard debris must be capable of'rapidly dumping their load without the
assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during
transport that will permit the trucks to be filled to capacity.Cyclone fence may be used as temporary
tailgates if they comply with the following specifications:
1. Fencirtg Must be permanently attached to one side of the truck bed.
2. After loading. the fencing Must be tied to the other side of1he truck bed at two
places with heavy gauge wire.
3. Fencing Must extend to the bottom of the bed.
4. After loading. bottom of fencing shall be tight against the bed of the truck and
secured at a minimum of two locations.
5. Solid iron metal bars Must be secured to both sides of the fencing,
6. There shall be no hand loaded equipment allowed.
Tine CITY or designee shall complete certifications indicating the type of vehicle. make and
model, license plate number, equipment nUrnber, and measured maximum Volume, in Cubic yards, of tile
load bed of each piece of equipment utilized to hard debris. 'The measured VOILIFTIC of each piece of,
equipment shall be calculated from actual internal physical measurement performed and certified by the
CONTRACTOR. Maximum V011,111leS May be rounded LIP to the nearest Cubic yard. The reported
measured maximum volume of any load bed shall be the same as shown on tile placards affixed to each
piece ofecluipment. 'File CITY reserves the right to re-measure trucks and trailers at any time to
verify reported capacity. If a truck and/or trailer are re-measured and the yardage capacity is determined
to be IoNver, the lower yardage volume will be retro to the initial load and total VOILInle adjusted
accordingly.
All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the
vehicle to)be loaded to capacity and effectively contain the debris on the vehicle while hauling. It'
installed, all sideboard extensions must remain in place throughout the operation, or the vehicle IrILISt be
re-measured and remarked. All extensions to the bed are subject to acceptance or rejection by the
CITY Inspector,
trucks or equipment designated for use Linder this Agreement shall not be used for any other work during
working hours. The CONTRACTOR shall not solicit work from private citizens or others to be
performed in the designated Collection Service Area during the period of this Agreement. Under no
Cil-CUMStariCC will the CONTRACTOR mix debris ))allied for others with debris hauled under this
Agreement. Failure to comply will result in no Payment to CONTRACTOR and operator and vehicle will
be declared ineligible to provide any additional einer
gency debris collection services. Any and all
unapproved changes to placard will result in no payment to CONTRACTOR and operator and vehicle
will he declared ineligible to perform any additional emergency debris collection services,
3.1.4 Securing Debris
The CON'"FRACTOR shall be responsible for pr(-,,I)erlv and adequately securing debris on each piece of
equipment utilized to haill debris. Prior to leaving the loading site,the CONTRACTOR shall ensure that
each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in
any direction. All loose debris shall be reasonably compacted during loading and secured during
transport. Tarps or other coverings shall be provided by the CONTRACTOR to prevent materials from
falling or being blown from the bed. Loads not properly tarped or otherwise covered will not be allowed
to dispose at any CITY approved temporary debt-is site which may result in non-payment to
CONTRACTOR.
3.1.5 Equipment Signage
Prior to commencing operations.the CITY or designee shall affix to each piece of equipment,
signs or markings indicating the Olvner Operator's name and a unique equipment identification number.
One sign shall be placed on each side of the equipment. for those trucks, trailers and other equipment
intended to haul debris, the rnaxinlUnl VOlUlne, in Cubic yards,of the load bed shall also be shown. Each
operator shall keep CITY certification with them at all tirries. Placards must remain on both
sides of'equiprilent.
3.1.6 Other Considerations
'Flie CONTRACTOR shall assign and provide an Operations Manager(()M)to the CITY
to serve as the principal liaison between the CITY Director Of Public Works Coordinator or designee and
the CONTRACTOR'S forces. The assigned 0M must be knowledgeable of all facets of the
CONTRACTOR'S operations and have CITY in writing to commit the CONTRACTOR. The CIM shall
be on call 24 hours per day,seven (7)(lays per week and shall have electronic linkage capability lot-
transmitting and receiving relevant contractual information and make arrangements for onsite
accommodations. This linkage shall provide immediate contact via cell phone, 1,ax machine, and have
Internet capabilities,The OM will participate in daily meetings and disaster exercises, functioning as a
source to provide essential element information. The ONI will report to the CITY Director of Public
Works Coordinator or designee. '"['his position will not require constant presence: rather the OM will be
required to be physically capable of responding to the CITY Emergency Management Coordinator within
30 Minutes of notification.
Fhe CONTRACTOR shall be responsible lot-control of'pedestrian and vehicular traffic in the work area.
At ar IllininlL1111, one flag person should be posted at each approach to the work area.
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper cqLliplllCrlt for all
tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the
CONTRACTOR. Additionally,the CONTRACTOR shall pay for all materials. personnel,taxes, and fees
necessary to perform under the terms of this contract.
Payment for debris hauled will be based oil the quantity of debris hauled in Cubic yards, Debt-is hauled 10
a Temporary Debris Site will require a validated load ticket. Drivers will be given an electronic or paper
load tickets at the loading site by an CITY loading site monitor. The quantity ot'debris hauled
will be estimated in cubic yards at the Temporary Debris Site by all CITY Temporary emporary Debris Site
monitor,The estimated quantity will be recorded oil the electronic or paper load ticket. The
CITY "Temporary Debris Site monitor will retain one copy of the paper load ticket an(] the driver
will retain the remaining
copies of the load ticket. Debris being hauled to a permanent landfill will be
paid based on Cubic yards recorded oil an approve(] electronic or paper load ticket. Payment will be made
against the CONTRACTOR'S invoice once site monitor and CONTRACTOR load tickets and/or scale
tickets match. Load tickets not properly completed and signed will not be paid.
3.2 Temporary Debi-is Site Operations
3.2.1 General
The purpose of this section is to define the requirements far Temporary Debt-is Site Operations after any
catastrophic disaster within Incorporated Winter Springs.
The CONTRACTOR shall use only Temporary Debris Sites designated by the CITY Director Of Public
Works,
Tile Temporary Debris Site foreman shall direct all dumping operations. Different types of debris shall
be kept in separate piles at the Temporary Debris Site. CONTRACTOR shall be responsible for sorting
and proper placement of all loads not dumped in appropriate location which results in mixing the once
separated debris at no charge to the CITY,
The CONTRACTOR shall begin grinding vegetative debris within fifteen (15)calendar days of
temporary debris site opening date and removing mulch/wood chips within twenty(20)calendar days of
site opening date. The CONTRACTOR shall begin removal of Construction and Demolition/mixed debris
from Temporary Debris Site to all approved final destination within twenty (20)days of'site opening date.
3.2.2.1 Site Setup/Preparation and Site Closeout/Restoration
Site setup/preparation and site closeout/restoration shall be compensated on a time and materials basis in
accordance With the hourly rates provided in the Proposal Form 3—Price Proposal. Site set-Lip/
I)j-eparation/closeOLIt/restot-ation includes: clearing, stripping, hauling, fill placement.,
constructing/deconstructing processing pads, firrierock or crushed concrete access roads, sodding, and any
other similar activity necessary to make the site usable for its intended purposes and to return the site to
its original condition. Do not include any materials in calculating the hourly rates in the Proposal Form 3
- Price Proposal.
3.2.2.2 Temporary Debris Site Operations and Material Processing
Temporary Debris Site operations and material processing shall be compensated in accordance with the
unit prices provided in the Proposal Form 3 -Price Proposal.The CONTRACTOR shall provide
equipment, operators, and laborers for Temporary Debris Site operations as specified by Task Order.
Unit prices provided in the Proposal Form 3 - Price Proposal., shall include all labor and materials
necessary to fully operate and maintain(including fuel,oil, grease,repairs, operator,mobilization,
demobilization, overhead, profit, lodging and insurance)all equipment under this Agreement. Each
Inspection Tower shall be equipped with portable toilets. Toilets shall be provided immediately
upon completion of tower assernbly. CONTRACTOR shall provide a water truck for the purpose of
applying to site surface to minimize dust. Tile CITY shall provide a front-load garbage container
and collection service of the container at each Temporary Debris Site. CONTRACTOR shall be
responsible for cleaning up all trash and litter generated on the site from daily operations and depositing
into the container for collection.The entrance roadway and surrounding area within 1/4 mile of the site's
entrance shall be cleaned daily by the CONTRACTOR. All pre-storm identified sites shall be opened by
the CONTRACTOR within three (3)calendar days after receiving approval from the CITY to
operate the debris site. Failure to open sites with proper equipment and necessary personnel will result in
liquidated damages of'$5,000 per day. All rates shall include the cost of protective clothing(to include
hardhats and steel-toed boots), fringe benefits, hand tools,Supervision, transportation, lodging, and any
other costs.The work shall consist of managing the operations of aTemporary Debris Site and
performing debris reduction by air curtain incineration and/or grinding of storm generated debris as
directed by the CITY Public Works Director.
The CITY plans to use two types of Temporary Debris Sites.
1. Vegetative Temporary Debris Sites will be devoted to the reduction of clean woody
debris by either burning or grinding. The CITY expects the material to be
recycled and or beneficially re-used it'processed by grinding.
1 Depending upon the size and type of devastation the CITY may require a
separate Construction & Demolition(C&D)staging area and mixed debt-is staging area.The CITY
Z:�
requests that PROPOSER implements recycling and or reduction programs to minimize the quantity Of
construction debris material to be land filled.
Material coming into the Vegetative or C&D Temporary Debris Sites will be measured and paid for by
the Cubic yard according to the Proposal Form 2- Price Proposal. Material removed and transported
from a C&D Temporary Debris Site will be measured and paid by the Cubic yard according to the
Proposal Form 2-Price Proposal.
Locations of all Temporary Debris Sites will be approved by the CITY. 'file CITY
Public Works Director must approve site improvements before work begins and any costs,
other than those in the Proposal Form 2--Price Proposal, that might have been negotiated Under a Task
Order shall be documented for payment.
Material processed at a Temporary Debi-is Site by grinding will be measured using cubic
yards from incoming load tickets. Material entering a Debris Management Site will be deposited in
manageable piles.
3.2.3 Reporting
The CONTRACTOR shall Submit a report to the CITY Publics Work Director or designee by close of
business each day of the term of the Task Order. Each report shall contain, at a minimum, the following
information:
L Contractor's Name
2. Contract Number
3. Daily and cumulative hours for each piece of equipment, rfaj')projwiate
4. Daily and CLUnulative hours for personnel, by position, ifaj)proj)riafe
5. VOlUmes of debris handled
Failure to provide audit quality infortnation by 5:00 p.ni, of the following day of operation will subject
CONTRACTOR to non-payment in each instance at the sole discretion of the CITY.
3.2.4 Other Considerations
Hie CONTRACTOR shall Supervise and direct the Work. using skilled labor and proper equipment for all
tasks. Safety of the Contractor's personnel and equipment is the responsibility of the CONTRACTOR,
Additionally, the CONTRACTOR shall pay, for all materials, personnel,taxes, and fees necessary to
perforin Under the terms of this contract.
1-he CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area.
In the event a Temporary Debris Site must be closed due to CONTRACTOR ONTRACTOR equipment or operational
failures. CONTRACTOR shall be liable ft)r liquidated damages in the amount of$5,000.00 per day for
every day the site has to remain closed.
3.3. Processing, Loading and Hauling Material
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and haul wood
chips and construction and/or mixed debris front Temporary Debris Sites in Winter Springs to final
destination for disposal as directed by the CITY, The CITY reserves the right to contract with other firms
to process, load and haul wood chips and construction and/or mixed debris to a final destination as may
best meet the needs of the CITY. All wood chips.construction and/or mixed debris shall be disposed of in
accordance with all [.,ocal, State of Florida and Federal guidelines.
CONTRAO"'OR will provide detailed listing to the CITY ofthe following:
1. Quantity (loads and cubic yards)
2. Owner information
3. Site where 11111101 and COnStRICOOTI/DeInOlition debris is disposed, to include
address/GPS location.
4. Miscellaneous Requirements
4.1 Temporary Debris Site Foreman
"l he Debris Site foreman must he an employee of the CONTRACTOR and is responsible for
management of all operations of the site to include, traffic control.dumping operations, segregation of
debris. burning, grinding,and safety. The Temporary Debi-is Site foreman will be responsible lbr
monitoring and documenting equipment and labor time and providing the daily operational report to the
CITY Public Works Director or designee.
4.2 Inspection Tower
The CONTRACTOR shall Construct an inspection tower at each Temporary Debris Site within three(3)
calendar days of natural disaster. The tower sliall be constructed using pressure treated wood, steel
scaffold or
scissor lift. The floor elevation of the to\\er shall be 10-feet above the existing ,round
elevation. The floor area shall be a minimum 8' by 8', constructed of 2"x S"' joists. 16" O.C. with 3/4"
ply\�ood Supported by a minimum offour 6" x 6" posts. A 4-foot high wall constructed of 2" x 4" studs
and !A_-plywood shall protect the perimeter of the floor area. The floor area shall be covered t4 ith a roof.
I'lie roof shall provide a minimum of'6'-6" of headroom below the suT7porz beams. Steps with a handrail
shall provide access to the tower. Inspection towers must provide a dry area for employees and meet all
FEMA OSHA requirements.
4.3 Grinding Operation
The CONTRACTOR shall have grinders on site and in operation within 15 days of natural disaster.
Failure to provide grinder(s)on site in operation within 15 days shall result in liquidated damages of
$1,000 per day. There shall be no period longer than 24 hours in which grinding activity may stop due
to equipment or operational failure. Failure to provide back-LIP equipment within 48 hours shall result in
a$2,000 fine per hour per approved hours of grinding operation per day until grinding activity resumes.
5. Performance of Contractor
It is the intent of this Agreement to ensure that the CONTRACTOR provides a quality level of services.
To this end,all complaints received by the Public Works Director or designee,and reported to the
CONTRACTOR shall be promptly resolved pursuant to the provisions of this Agreement.
The Public Works Director or designee may levy administrative charges for the following
inf-actions:
1. Closure of Temporary Debris Site due to CONTRACTOR equipment or operational
failures liquidated damages of$5,000 per day. for each day site must remain closed.
Failure to provide back-LIP grinders within 48 hours of equipment breakdown liquidated damages of
$100 per hour per approved grinding hours of operation per day.
CONTRACTOR may also be subject to non-paynient and liquidated damages of$200 for each of the
following infractions:
1. Failure to provide audit quality information by 5:00 p.m. of the following day of
operation.
2. Loads not properly tarped or otherwise covered,
3. Mixing debris hauled from other Sources with debris hauled under this Agreement,
4. Mixing vegetation debris with C & D material.
CONTRACTOR may be immediately terminated and not paid for the following:
1. Collection ofany non-eligible, non-CITY approved stumps or debris.
2. Moving to another designated Collection Service Area Without prior CITY
approval,
3. Failure to provide service in accordance to guidelines set forth by FEMA and the
CITY.
4. Soliciting work from private citizens or others to be performed in the designated
Collection Service Area during the period of this Agreement.
5. Alteration of placards placed on certified trucks and/or trailers.
Am,disputes regarding Performance o 'Contractor ii4l/be presented to the Etnergency Management
Coordinator-ordesignee dor review. The Emergencv 44anagement Coordinator or desgnee shall
complete rei'iew and make determination within three(3)calendar days.Deeisions of the Elnerg)'encv
Management Coordinator or designee shall benal.
PART III
PROPOSAL,SUBMISSION REQUIREMENTS
1. Proposal Submission Requirements and Format
file CITY Must receive all Proposals no later than 2:00 Eastern Time on the date
established in Part L Section 3—ProcuremeniSchedule and Section 4—Proposal Submission and
If7ilhe.1rawal. PROPOSERS shall submit one(1)original, three(3)photocopied sets, and one(1) CF)/DVI)
containini,_all documents in Adobe PDF electronic format. The complete original and disc shall be
submitted in a separate sealed envelope identifying it as the original document.
]-he Proposal shall be clearly labeled on the Outside with the PROPOSER'S name,address, telephone
number, and shall be identified as follows: RFP 007-18-SB-Hurricane/Disaster Debris Removal,
Reduction and Disposal Services. Uailurc by the PROPOSER to provide the above information on the
outside of the envelope may result in the rejection of the PROPOSER'S submittal,
Original and photocopies shall be of 81/2" 1)), 11"and bound into spiral bound or three-ring, binder.
Proposal pages shall be riumbered. '"I'lic minimum font size for all text sections of the Proposal shall be
eleven-point(I I pt). Marketing brochures or any other information not pertaining to this REP shall not
be included in the Proposal.
1.1 Content
'11-te PROPOSER shall provide the appropriate information in accordance with the content requirements
set forth in the following subsections. To allow the Selection Committee to more effectivel) review the
Proposals. PROPOSERS are to provide all requested information in the order and in the format requested
below.
1.1.1 Title Page
The Title Page shall include the RFP'Title and Number. I'lie page shall indicate clearly the name of the
PROPOSER submitting the Proposal and the rianic, address, phone number, fax number and e-nail
address of the PROPOSER'S designated contact person. The PROPOSER'S designated contact person is
the individual who shall be the main point of contact for the CITY to communicate with
regarding this procurement,
1.1.2 Table of Contents
1.1.3 General Information
PROPOSER shall provide completed Proposal Forms I - 8 as follows:
I A.3.1 Proposal Form I- Transmittal Letter
PROPOSER ,,hall Submit a completed Proposal Form I -Transmittal Letter acknowledging. among other
things, that the PROPOSER has completely reviewed, Understands,and agrees to be bound by the
requirements of this RFP. The Proposal Transmittal Letter shall be signed by a representative of the
PROPOSER who is empowered to sign it and to commit the PROPOSF R to the obligations contained in
the Proposal.
1.1.3.2 Proj)osul Forin 3-Price Proposal
PROPOSER shall submit a completed Proposal Form 2- Price Proposal.The assumptions and formulas
used in Part A of the Proposal Form 2 -Price Proposal, were devised solely for the purpose of
determining Total Proposal Price. No Ininilln.1111 or maximum amount of work is being promised. Unit
Prices in Part 13 are for information purposes only and will not be considered in price evaluation and
ranking of the, proposals. However. the Prices in both Part A and Pail B of the Proposal Form 2-- Price
Proposal will be incorporated as appropriate into the Agreement rcSLdtiII(I from this UP,
The cost cif the Bond shall be included in the Unit rates of the proposal Form 2- Price Proposal.
The CII Y reserves the right to request:additional pricing, explanations for any OLUI-01'-balance
pricing,explanations for any pricing it deems too low or too high, and to negotiate a best and final price
with the highest ranked PROPOSFR(s).
1.1.3.3Proposal l,'oi-tti3-Nott-G�illtisionA ffiilavit
PROPOSER shall provide a completed Proposal Form 4 -- Non-Collusive Affidavit as describe(] in Parr I.
SN'ti011 I/ - Non-Collusion Aftidavil.
1.1.3.4 Proposal Form 4-Drug Free f flo rk Place
PROPOSFI'R shall provide a completed Proposal Form 5 -[)rug Free Work Place.
1.1.4 Experience and Qualifications Narrative
PROPOSER shall demonstrate the following:
1. Provide a comprehensive description ofall mobilizations performed as a
contractor for disaster debris services collecting,and processing a minimum of'50,000
CUhiC yards of debris collected from pUblic right of ways. PROPOSERS Unable to identity, one
or more mobilizations meeting the 50,000 cubic yard threshold, per each mobilization, are
requested to submit all relevant experience they have that dOCLI111ellIS the ability to perform the
services(right of way collection and debris site management)as requested by this RFP. No
limitation exists for the period offirrie a PROPOSER may go back to describe the experience as
reqUeSted.
For each mobilization the PROPOSER is requested to identify the following:
* Name and type of storm event
* Date and location
* Narrative ofdisaster debris services of'work performed during,mobilization event
0 TOld I value of contract for services performed
* NUrnbel'Of CLIbiC
yards of"debris collected Fry PROPOSI-IR from public 61111t OfWaVS dUrillg
mohili/ation
Number Of Cubic yards of debris handled by PROPOSER at temporary debris reduction sites
during mobilization
0 Name,address and telephone number of customers point of contact for reference purposes.
1.1.5 General Operations Plan
PROPOSER shall provide the following:
1. At minimum a detailed Mulch Disposal Plan. The CITY is committed to recycling and
or beneficial re-use of mulch. Additional consideration will be taken for Beneficial Re-Use Plan.
PROPOSER is requested to provide a full description of how PROPOSER intends to dispose and
or re-use 50,000 cubic yards of mulch. PROPOSER is requested to address bo%v PROPOSER intends to
comply with all federal.,state and local guidelines pertaining to mulch disposal. PROPOSER is also
requested to submit any agreements}lie/she Currently has for the disposal and or beneficial re-use Of
mulch. PROPOSER is requested to give a full description of their end use plan.
2. At miminurn a detailed Temporary Debris Site Reduction Plan pertaining to Construction Debris
(C & D) Recycling and or Reduction for estimated fifty thousand (50,000)Cubic yards.
The CITY requests that PROPOSER implements a recycling and or reduction program
for C & D material to minimize amount of debris that will go to a landfill. PROPOSER is
requested to address programs they will implement to facilitate recycling and or reduction of
construction debris waste.
3. Resumes for the PROPOSER'S management team and all key personnel who will be assigned to
the agreement to include, among other things: names,job titles, responsibilities, applicable debris
management experience.
PART IV
PROPOSAL EVALUATION AND AWARD
L General
All Proposals Submitted in response to this RFP will be evaluated by the CITY'S Selection
Committee based on the information supplied per Part III—Proposal Submission Requirements and
utilizing criteria specified in Partly—Proposal Evaluation and Alvard.
2. Evaluation Criteria
The review and analysis of the Proposals by the Selection Committee will be based on the following
criteria:
- Submission of a complete package including all forms;
- Experience and Qualifications;
a General Operations Plan;
® Price Proposal;
3. Evaluation Method
Selection Committee members will conduct a completeness review oi'the Proposals. Proposals must
include all requirements specified in Part III—Proposal Submission Requirements. Minor informalities
may be waived by the CITY. Those Proposals found to be complete, will then be ranked by
individual members.
Table 2— Evaluation Criteria, Points and Scoring Methodology provides guidelines for the Selection
Committee members for the ranking of Proposals. In each category where points are to be assigned,
PROPOSERS may receive up to the maximum allowable ]lumber of points from an individual Selection
Committee member. Total points of each Selection Committee member for each Proposal will be tallied
and averaged. Proposal with highest total average score will be ranked first.
Table 2- Evaluation Criteria, Points and Scoring Methodology
EVALUATION CRITERIA POINTS
Experience and Qualifications 30%
General Operations Plan 20%
Price Proposal 50%
TOTAL: 100%
4. Award
'The CITY anticipates award to the PROPOSERS W110 Submit the Proposals judged by the
CITY to be the most advantageous. 'Tile CITY anticipates awarding Agreements to the
highest ranked PROPOSER, but reserves the right to award more or fewer Agreements if it is in
best interest of the CITY. The CITY reserves the right to enter into tile Agreements negotiations with the
highest ranked PROPOSER, If the CITY and any of these PROPOSER(S)cannot negotiate a Successful
Agreement, the CITY may terminate such negoliation(s)and begin negoliation(s) with the next
highest ranked PROPOSER(S). No PROPOSER shall have any rights against the CITY arising
from Such negotiations.
The pricing structure submitted in Proposal Form 3) — Price Proposal shall be firm, lio\\ever, tile
CITY reserves the right to negotiate a "best and final"price "ith the highest ranked
PROPOSER(S).
Agreements awarded will be prioritized for activation based oil the final ranking achieved during the
selection process. The number of Agreements that are activated will be based on the magnitude and
complexity of the CITY*S post disaster needs. It will be in the CITY'S sole discretion
how many Agreements are activated.
'The Agreements will be for a ternr of five(5)years, The selected PROPOSERS will standby for much of
(tie duration of the five(5)years and only be called to active duty when a debris generating event Occurs.
'["his call to active duty may be repealed several times within the live(5)year Agreement period
depending on the number of separate debris events that Occur.
'Tile PROPOSER understands that this RF"P does not constitute an Agreement or a contract with the
PROPOSER. An official Agreement or contract is not binding until Proposals are reviewed and accepted
by appointed stall.approved by the appropriate level of CITY within the CITY, and executed
by the parties. The CITY anticipates that the final Agreements/Terms of tile agreement will be negotiated
and signed after the selection committee has made the final decision.
PART V
The following Proposal Forms are included:
Proposal Form I —Transmittal Letter
Proposal Form 2 --Price Proposal
Proposal Form 3) —Non-Collusion Affidavit
Proposal Form 4— DI-Ug Free Work Place
Proposal Form 5 -- Schedule No. I
PROPOSAL FORM I —TRANSMITTAL LETTER
(To he tVPed oil PROPOSER'S Leucrhewl)
Date]
Shawn Boyle
Director of Finance and Administrative Set-vices
City of Winter Springs
1126 Past State Road 434
Winter Springs, IT 321708
Dear Mr. Boyle:
(PROPOSFR) hereby submits its Proposal ill response to the
Request for Proposal (RFP) for I JUrricane/Disaster Debris Removal, Reduction and Disposal issued by
the CI TY of Winter Springs(CITY) ill May 2018.
As a duly authorized representative ofthe PROPOSEIR. I hereby certify, represent and warrant, oil behalf
of the PROPOSER team, as follows in connection with the Proposal:
I The PROPOSER acknowledges receipt of the RIT and the following Addenda:
No. Date
2. The submittal ofthe Proposal has been dUINI authorized by, and in all respects is binding upoii, the
PR(.)11(')Sl-'R.
3. All information and statements contained in the Proposal are CUirent,correct and complete, and
are made with full knowledge that the (ITY will rely Oil SLICII information and
staternents in qualifying PROPOSER.
4. The PRC)P()SFR certifies under penalties of perjury that the RI'll has been Prepared and is
submitted in good faith without C011LISi011., fraud or any other action with any other person taken
in restraint offree and open competition for the services contemplated by the RIT. As used ill
this Proposal I-orm, the word *'person- shall Mean any natural person, business, part nersh i 1),
corporation, union, committee, club, or other oigimization. entity, or grOLIP of individuals.
5. The PROPOSER is not CUrreritly SLIspended or debarred front doing bUNiness with any
governmental entity.
6, The PROPOSER has reviewed all of the.engagements and peridirig engagemems of the
PROPOSFR, and no potential exists for any conflict of interest or unfair advantage,
7. No person or agency selling
g has been employed or retained to solicit the award of the Agreement
under an arrangement for a commission, percentage, brokerage oi-contirluency fee oi-oil am other
success tee basis, except bona fide emplovees of the PROPOSE"R.
8. The principal contact person who will serve as the interface between the CITY and the
PROPOSEIR for all communications is:
Name:
Title:
Mailing Address:
Phone:
E-mail:
The PROPOSER has carefully examined all documents constituting the RFP and the addenda thereto and,
being familiar with the work and the conditions affecting the work contemplated by the RFP and such
addenda, offers to furnish all labor, materials, supplies, equipment, facilities and services which are
necessary, proper or incidental to carry Out SLICII work as required by and in strict accordance with this
RFP and the Proposal.
Nance of Proposer
Print Name of Designated Signatory
Signature
...........
Title
State of
County Of
On this day of 20_-, before me appeared
personally known to me to be the person described in and who executed this
and acknowledged that(she/he)signed the sante freely and voluntarily for the uses and purposes therein
described.
In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written
above.
Sfgnature
Notary Public in and for the State of
.fix Seal here)
(Name printed)
Residing at
My commission expires
PROPOSER:
RFP No. 007-18-SB
PROPOSAL FORM 2—PRICE PROPOSAL
PART —VOLUME BASED PRICING FOR 100,000 CUBIC PARI)(CV)DEBRIS DISASTER
Activity Estimated Unit Price per Total
Quantity CY I
1.0 Public Property and Right of Way Collection. loading and Hauling to a designated"temporary Debris
Site.
A. Vegetation CY
..................
B. Construction Debris/ CY
Mixed Debris
2.0 Temporary Debris Site operation to include placement of monitoring towers,portable toilets,keeping
on-site and adjacent roads area clean of trash and garbage,debris acceptance, pile management,and
phase I reclamation.
3.0 Processing of debris through CY
grinding and/or chi ppin7.
4.0 Loading, hauling and disposing CY
wood chips to final destination,
(7-his rate includes clisl7crscrl cast)
5.0 Loading and hauling of'
construction debris and/or mixed
debris from'fernporary Debris
site to a permitted C&D %
recycling facility or any other
designated Disposal Facility.
(This rate shall scat include
disposal cost). Miles froth TDRS
to final dcvination1 way.
A. 0<20 miles
B. >20---
,50 miles CY
C. =50<80 miles CY
D. 80 110 miles CY
E. > I 10= 200 inj les CY
AVERAGE- (Item 5.0 A-E
AVERAGE(Item 5.0 A-E)X 100,000 CY
TOTAL PROPOSAL PRICE: (hems 1.0-4.0; 5.0) $
Unit Prices, unless otherwise indicated, shall include all labor(operators, laborers. Supervisors)and
materials including but not limited to: Supplies,eClUipJnC11t maintenance, repairs, repair parts. fuels,
lubricants, COHLIlar phones, transportation, and housing, if required. necessary to accomplish the project.
The quantities and distributions are estimated for UIC Purpose of makin-an a%k ard. 1,ocations of sites.
zr
debris quantities, destinations, material densities, etc. may differ substantially in an actual disaster.
ASSUMPIiOnS: 100,000 cubic yards ol'debris consisting of 90,000 cubic yards of'vegetation debris and
10,000 Cubic yards of mixed debris.
PART B—HOURLY RATES
DEBRIS MANAGEMENTSITE'SEA tea AND CLOSURE AND DEBRIS CLEARANCE
FOR Access- OPTIONAL USE BYCITYAND OTIIER GoN'FRNNIEN'I'At.EN'I'ITIFS
EQuirml,NVI'AND LABOR RATES
EQt II'MFN'i'Ti'PF HOURLY HOURLY To'r.m,
EQt�irmu:vi LABOR 110 1 R LY
RATE RATE RATE
---------------
..........
PROPOSAL FORM 3 NON-CO LLU SION AFFIDAVIT
State of
County of
--------------
Being duly sworn deposes and says:
That she/he is an off
icer of the parties retaking the foregoing Proposal,that Such Proposal is genuine and
not Collusive or sham; that said PROPOSER has not colluded, conspired, connived or agreed, directly or
indirectly with any PROPOSER or person, to put in a sham bid or to refrain from bidding and has not in
any manner, directly, or indirectly,Sought by agreement or collusion or C01111111.1nication or conference
with any person,to fix the price or affiant or any other PROPOSER.or to fix any overhead, profit or cost
element of said ps ice. or that of any other PROPOSER,or to secure any advantage against the
At ITI IORITY, of any person interested in the proposed contract and that all statements in said proposal
are true. fE
Name of'Proposer
Print Name of Designated Signatory
Signature
Title
On this day of' 20 before me appeared
personally known to me to be the person described in and Who executed this
and acknowledged that(she/fie)signed the same freelyand voluntarily for the _p"t_irpo_s_es—the'r-e-i-n—
described.
In witness thereof. J have hereunto Set my hand and affixed my official sea] the day and year last written
above.
Signature
Notary Public in and for the State of
(1llfixSeal here)
(Name printed)
Residing at
My commission expires
PROPOSAL FORM 4—DRUG FREE WORK PLACE FORM
file Undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
does:
(Alume of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
pOSSCSSiOIL Or use Of a controlled Substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition,
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug Counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations,
3. Give each employee engaged in providing the commodities or contractual services that are under bid
as copy Of the statement specified in subsection (I).
4. In the statement specified in Subsection ( I), notify the employees that, as a condition of`working on
the commodities or contractual services that are Under bid, the employee will abide by the terms of
the statement and will notif) the employer of any conviction Of, Or plea Of gUiltyl oi-nolo contendere
to, any violation of Chapter 893 or of any controlled SUbstance law of the United State or any state.
I'Or a Violation Occurring in the workplace no later than five(5)days after such conviction,
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation pl-O(Ifalu if Such is available in the employee's community, by any employee who is so
convicted.
6. Make a good tinh effort to continue to maintain a drug-free workplace through inIplCulentatiOn of.
this section.
As the person authorized to sion the statement. I certify that this firm complies fully with the above
requirements.
Print Name of Designated Signatory
Signature
Date
..............
PART VI
v �
included:
I
1
Attachment A Debris Zones and Potential Temporary Debris Sites Map
i
6
I
i
Debris Sins
f
p
VW
1 �
n
r
r
ltlGleMm1*�f6Md tl49 xrWJ ��" � �I
9k6ny Cxvi(k1am� �" � �,
a �!
I I
{ If
ATTACHMENT B—RESPONSE TO REQUEST FOR PROPOSAL FOR
URRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
P No. 007-18-SB
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
20
710 E. State Road 434
Ginter Springs, FL 32708
Ply: 407-327-2520 Fax: 407-327-2523
info(a),abudgettreeservice.com
City of Winter Springs
RFP 007-18-SB
Hurricane/Disaster Dtis
Reduction and Disposal Ss
Proposer,
A Budget Tree Service, Inc.
Dale Meagher, President
710 E. State Road 434
Winter Springs, FL 32708
Offices, 407-327-2520 Celh 321-689-1135
AAjt�&.a�, l�d �ett�ree�ser�vic�ex�qni
0
Original
r .>r, �, ����c,,,r:.r� <°r�,�r '�a ss thc-yr oi e,,� :rr..... 71'Le, Ves.,5e rC,:,� We-"
710 E. Stag Road 434
Winter Springs, FL 32708
Ph: 407-327-2520 Fax: 407-327-2523
info@abudgettreeservice.com
Table of Contents,
Transmittal Letter Page 2
:Price Proposal Page 5
Non-Collusion Affidavit Page 7
Drug Free 'Mork Place Page 8
]Disaster Debris Experience Page 9
General Operations :Plans:
• Mulch Disposal.Plan Page 12
• Construction Debris Recycling/Reduction Plan Page 13
• Resumes for Key Personnel.
• Vale Meagher--President & Project Manager Page 14
• Jason Coley—Special Projects Coordinator Page 15
a Eric Shave--Equipment Operator and :Equipment Page 16
Technician
• Curtis Harmon—Lead Equipment Operator Page 17
• Travio Haas—Crew Foreman & Equipment Operator Page 18
• Joseph Cooke—Crew Foreman & Equipment Operator Page 19
• List of.All Personnel Page 20
• Equipment List Page 21
-ra,k g:� rye,c�yoct�r ti- -'v y,tTvy, C"."r P h,e,V �y A�,r 1Ve,'
710 E. State Road 434
°` Winter Springs,FL 32708
Ph: 407-327-25201 Fax: 407-3272523
info@abudgettreeservice.com
May 30,2018
Shawn Boyle
Director of Finance and Administrative Services
City of Winter Springs
1126 East State Load 434
Winter Springs,FL 32708
Dear Mr. Boyle,
A Budget Tree Service, Inc.(PROPOSER)hereby submits its Proposal in response to the Request
for Proposal (RFT)for Hurricane/Disaster Debris Removal, Reduction and Disposal issued by the
CITY of Winter Springs(CITY)in May 2018.
As a duly authorized representative of PROPOSER, I hereby certify, represent and warrant, on
behalf of the PROPOSER team, as follows in connection with the Proposal:
1. The PROPOSER acknowledges receipt of the RFPand the following Addenda
No. Date
1 5/30/18 _
2. The submittal of the Proposal has been duly authorized by, and in all respects is binding upon,
the PROPOSER.
3. All information and statements contained in the Proposal are current, correct and complete, and
are made with full knowledge that the CITY will rely on such information and statements in
qualifying PROPOSER.
4. 'The PROPOSER certifies under penalties of perjury that the RFP has been prepared and is
submitted in good faith without collusion,fraud or any other action with any other person taken.
in restraint of free and open competition for the services contemplated by the RFP. As used in
this Proposal Form, the word"person"shall mean any natural person, business,partnership,
corporation, union,connni.ttee,club, or other organization, entity, or group of individuals.
5. The PROPOSER is not currently suspended or debarred from doing business with any
governmental entity.
k..ra s v r , /:y✓ r���' -r `a"s,1 y VP P Y 4 a,/- We/b r_eiit lei!
2
710 E. State Road 434
Winter Springs,FL 32708
w - Ph: 407-327-2520 Pax. 407-327-2523
info@abudgettreeservice.com
6. The PROPOSER has reviewed all of the engagements and pending engagements of the
PROPOSER,and no potential exists for any conflict of interest or unfair advantage.
7. No person or selling agency has been employed or retained to solicit the award of the Agreement.
under an arrangement for a commission,percentage,brokerage or contingency fee or on any
other success fee basis,except bona fide employees of the PROPOSER.
8. The principal contact person who will serve a the interface between the CITY and the
PROPOSER for all communications is:
Name: Dale Meagher
Title: President
Mailing Address; 361 Crystal.Ave
Oviedo,FL 32765
Phone: Office 407-327-2520
Cell 321-689-1135
Ernail; tlactgc�tM�r� crr ��cµwk
The PROPOSER has carefully examined all documents constituting the RFP and the addenda
thereto and,being familiar with the work and the conditions affecting the work contemplated by
the RFP and such addenda,offers to furnish all labor,materials, supplies, equipment, facilities
and services which are necessary,proper or incidental to carry out such work as required by and
in strict accordance with this
RFP 007-18-SB Hurricane/Disaster Debris Removal, Reduction and Disposal Services
RFP and the Proposal
_A Budget Tree Service, Inc.
VName of Proposer _
Dale Meagher
Print:Name mated Signatory
ignature
President
Title
710 E. State Road 434
Winter Springs,Fl, 32708
SER , Ph: 407-327-2520 Fax: 407-327-2523
info@abudgettreeservice.com
State of Florida
County of Seminole
On this 30th day of MaY ,20 18 ,before me appeared Dale Meagher
personally known to me to be the person described .in and who executed this RFP
and acknowledged that he signed the same freely and voluntarily for the uses and purposes
therein described.
In witness thereof. I have hereunto set my hand and affixed my official seal the day and year last
written above.
....'. ,,4 CAROLYN W.NELSON
MYY COMMISSION#GG 477260
EXPIRES:Apd 15,2022
Notary Public in and for the State of ` PuW
(Affix Seal here)
Name Printed Carolyn Nelson
Residing at 928 Penfield Cove, Sanford, FL 32773
My commission expires Aprli 15, 2022
7-a ke,Crxr)- L c, -P,of o-1,4, t '"ca .€i . ,1 a re,k°e4 y L�L bie,jbi;-a 7 he..1 I/e�-,yi A C,u le ti e i tdlt
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ii
PROPOSER: A Budget Tree Service, Inc. I
P No, 007-18-SB
PROPOSAL FORM —PRICE PROPOSAL
L
PART A VCTJT.1ME BASED PRICING FOR 100,000 CUBIC YARD(CY)DEBRIS DISASTER
Activity Estimated 'I IJaaat Price per Total
� t<0 Public Property and Right of ti�a Collection,Loading and Hauling o a designated
p rt5' � Y b � gusted Temporary Debris
Site.
. Iegetation100,000 $14.00 � _.$1,A00.,000 0.0
B. Construction Debris/ Cy,
Mixed Debris 100,000 $12.00 $1,200,000.00
-6 Temporary 17ebris Site operation to include placement of monitoring towers,portable toilets,keeping
on-site and adjacent roads area clean of trash andgarbage,debris acceptance,pile management:,and
_ phase 1 reclamation.
.0 Processing of debris through C
g_ m g.._... . $3.75 $375,000.00
1 11 �nd!or haPpn1g _ _100,000- _
4.0 Loading,hauling and disposing C
wood chips to final destination.
_ _ 100,000 1 $6.25 $625,000.00
(This rate includes dzswasal cast)_
5.0 Loading and hauling of
construction debris and/or mixed
debris from Temporary Debris
site to a permitted C&D
recycling facility or any other
designated Disposal Facility.
(This rate sh all arm include
disposal cast),r'flies f rom FIRS
to final destination—1 rae�a _...__
A. 0 15 20 miles _
10,000 CY $12.00
E._ >20<50 rniles i _CY
10,000 12,25 ._w
C. .50 5 g0 miles CY
10,000 $12_,50 _
D� >80� 110 miles . µ
10 000 $1.2...75
E. > 110<20th C
10,000 $13.00... _-
V m 4Item 5.0 A-E)
AVERAGE
.
(item 5.0 A-E) �a ;��T �. az = 125,000..00..
tOTAL PROPOSAL PRICE (Mems 1.0-4.0;5,0) 3,725b000.00
Unit Prices, unless otherwise indicated, shall include all labor(operators, laborers, supervisors)and
materials including but not limited to: supplies,equipment maintenance, repairs, repair parts,fuels,
lubricants, cellular phones, transportation, and housing,if required, necessary to accomplish the project.
5
4
i
The quantities and distributions are estimated for the purpose of making an award. Locations of sites,
debris quantities,destinations, material densities,etc. may differ substantially in an actual disaster.
Assumptions: 100,000 cubic yards of debris consisting of 90,000 cubic yards of vegetation debris and
10,000 cubic yards of mixed debris.
r
PART B—HOURLY RATES
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE AND DEBRIS CLEARANCE
FOR ACCESS—OPTIONAL USE BY CITY AND OTHER GOVERNMENTAL ENTITIES �
EQUIPMENT AND LABOR RATES
EQUIPcMENT TYPE HOURLY HOURLY TOTAL '
EQUIPMENT LABOR HOURLY
RATE RATE RATE I
ExcaVatnr $90 ()0 $125-00 $215.00
125.00 $215.00
Tub Grinder $600.00 $125.00 $725.00
Skid Steer $70.00 $125.00 $195.00
Light Tower $30.00 NIA 30.00 y
a
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6
1
PROPOSAL FORM 3—NOON-COLLUSION AFFIDAVIT
State of Florida
County of Seminole
Being duly sworn deposes and says:
That she/he is an officer of tfte parties making the foregoing Proposal,that such Proposal is genuine and �
not collusive or sham; that said'PROPOSER has not colluded,conspired,connived or agreed,directly or
indirectly with any PROPOSER or person,to put in a sham bid or to refrain from bidding and has not in
any manner,directly, or indirectly,sought by agreement or collusion or communication or conference
with any person,to fix the price or affiant or any other PROPOSER, or to fix any overhead, profit or cost
element of said price, or that ofanyother PROPOSER„or to secure any advantage against the
AUTTIORITY, or any person interested in the proposed contract and that all statements in said Proposal �
are true.
v
a
A Budget Tree Service, Inc.
w
Name of Proposer
Cale Meagher
Print Narne ofprz tI ed,Signatory
t
L41'i:
President
Title 1
f
On this 30th day of May 20 18 ,before me appeared
n_ 1p Megnh pr
personally known to me to be the person described in and who executed tflis bion-Collusion Affidavit
and acknowledged that(she/he)signed the same freely and voluntarily for the uses and purposes therein
described.
In witness thereof;f have hereunto set my hand and affixed my official seal the day and year last written.
above.
CAROLYN W.NELSON
My Co MMION#GG 177260
EXPIRES:Apr715,2Cl22 Std>natru
OoncwTtnNotarr Jc.>tary Public m and for tlye State of Florida
x coca etc/
Carolyn Nelson
(Name printed)
Residing at 928 Penfield Cove Sanford FL 32773
My commission expires April 15, 2022 _
i k
7
---.__.._...._
PROPOSAL FORM 4—DRUG FREE WORK PLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
A Budget Tree Service, Inc. does:
(Name of Business)
I. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,
possession,or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace.the business's policy of
maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse
violations.
3.Give each employee engaged in providing the commodities or contractual services that are under bid
a copy of the statement specified in subsection (1).
4. In the statement specified in subsection(1),notify the employees that,as a condition of working on
the commodities or contractual services that are under bid,the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to,any violation of Chapter 893 or of any controlled substance law of the United State or any state.
for a violation occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6.Make a good faith effort to continue to maintain a drums free workplace through irnplementation of
this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above
requirements.
Print Name of Designated at-or, Dale Meagher, President
Signature
Date May 30th, 2018
8
710 E. State Road 434
OUT TREE,
Winter Springs, FL 32708
Ph: 407-327-2520 Fax: 407-327-2523
.-,. info@abudgettreeservice.com
Disaster DebrisExperience:
1. Hurricanes Charley, Frances and Jeanne
a. Date: 2004
b. Location: Seminole County, FL.
c. A Budget Trec Service, Inc, worked as a subcontractor for Grubbs Emergency
Services throughout the Seminole County area, including in Winter Springs,
Oviedo, and Longwood. We responded with grapple trucks to haul debris from
public roadways to a Temporary Debris Site for processing. With Grubbs
.Emergency Services,we worked to complete first and second passes through public
areas to restore Seminole County to a pre-emergency state.
d. Value of Contract: $100,000
e. Cubic yards of debris collected by A:Budget Tree Service, Inc. from public right-
of-ways during mobilization: Approximately 14,250 cu. yds
f. Contact Information:
i. Grubbs Emergency Services
16533 CTS-19
Hudson, FL 34667
352-796-7127
2. Hurricane Ike
a. Date: 2008
b. Location: Houston, TX
c. A Budget Tree Service, Inc.worked to process debris at the Temporary Debris Site.
We mobilized our tubgrinder and support equipment to TX approximately 1 month
after the Hurricane had hit to Houston and worked quickly to process tree debris
for it to be hauled off the site for recycling and/or disposal.
d. Value of Contract: $150,000
e. Number of cubic yards of debris handled by A Budget Tree Service, Inc. at
temporary debris reduction site: Approximately 513,000 cu. yds
f. Contact Information:
i. .Rankin Construction
Address and Contact Unknown
3. Hurricane Matthew
a. Date: 2016
b. Locations: Winter Springs, FL
Winter Park, FL
c. A Budget Tree Service, Inc. completed first pass for the City of Winter Park in the
first week following the storm,,collecting approximately 2000 cubic yards of debris.
9
710 E. State Road 434
Winter Springs,FL 32708
Ph: 407-327-2520 Fax: 407-327-2523
info@abudgettreesei-vice.com
We also completed approximately 250 cubic yards of debris for the City of Winter
Springs at requested locations with large piles of debris.
d. Value of Contracts: $68,038.58
e. Cubic yards of debris collected by A Budget Tree Service, Inc. from public right-
of-ways during mobilization:.Approximately 1,450 cu. yds.
f. Contact Information:
i. City of Winter Springs
r ynka Perez, StoYmwater Utility Manager
1126 East State Road 434
Winter Springs,FL 32708
407-327-5977
ii. City of Winter Park
Dru Dennison, Urban Forestry .Manager
401 Park Ave South
Winter Park., FL 32789
407-691-7800
4. Hurricane Irma
a. Date: 2017
b. Locations: Winter Springs, FL
Winter Park., FL
Oviedo, 'FL
Maitland, FL
c. A Budget Tree Service, Inc. completed first and second passes for the City of
Winter Springs in the first month following the storm, collecting approximately
51,372.57 cubic yards of debris. We also processed the debris at two Temporary.
Debris Sites using our tubgrinder and support equipment and hauled 11,817.24
cubic yards of mulch to recycling sites. A Budget Tree Service, Inc, also hauled
2,268 cubic yards from public aught-of-ways for the City of Oviedo.
For the City of Winter Parr and the City of Maitland, A Budget Tree Service, Inc.
performed as first responders,mobilizing within an hour after the storm had ceased
to begin clearing roadways for emergency response vehicles.
To assist clean up in the City of Winter Park, A Budget Tree Service, Inc. also
cleared approximately 3,688 cubic yards of debris from public right-of-ways, and
removed trees that had been severely damaged due to the storm to prevent them
fromm becoming a hazard to public safety.
d. Value of Contracts: S 1,011.246.38
e. Cubic yards of debris collected by A Budget Tree Service, Inc. from public right-
of-ways during mobilization: Approximately 57,329 cu. yds
f. Number of cubic yards of debris handled by A Budget Tree Service, Inc. at
temporary debris reduction sites: Approximately 51,373 cu. yds
_`C% ;i v .i cct'r-'s"' � ��t;a � �� a ''' & C °„ f'cna ..7 i'Le, 1'Vex "aa`��'Leleli
10
710 E. State Road 434
„ Winter Springs,FL 32708
Ph: 407-327-2520 Fax: 407-327-2523
info�7aabudgettreeservice.com
g. Contact Information;
i. City of Winter Springs
Shawn Boyle,Director of Finance and Administrative Services
1126 East State Road 434
Winter Springs,FL 32708
407-327-5960
ii. City of Winter Park
Dru Dennison, Urban.Forestry Manager
401 Park Ave South
Winter Park, FL 32789
407-691-7800
iii. City of Oviedo
Bob Wyatt, Public Works Director
400 Alexandria:Boulevard
Oviedo, FL 32765
407-971-5681
iv. City of Maitland
Michael DiClemente, Landscape Specialist
1776 Independence Lane
Maitland, FL 32751
407-539-6245
-r a, r`'az'cafe -of yroti'e--tk-e ��ca.k they owe, "K;ate'i/evy A tv
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T EE 710 E. State Road 434
Winter Springs,FL 32708
NVI 0, Ph: 407-327-2520 Fax: 407-327-2523
in.fo@abudgettreeservice.com
abudgettreeservice.corn
Mulch Dissposal Plan
A Budget Tree Service, Inc.'s goal for the Temporary Debris Site management will be to
arrive on site with support equipment within 24 hrs after a storm. This equipment will be used to
manage and separate the debris as it arrives on site. Larger debris will be sheared to get it ready
for grinding a first pass with 6"x 10"grates.
Mulch will be stacked in a.pile no more than 25'tall and will be loaded into 100-120 cubic
yard semi-trucks with walking floor trailers to be hauled to a Florida.Department of Environmental
Protection Permitted Site. The two main sites for use will be:
J &D Transfer Station, Inc.
DEP WACS ID 00098884
200 Old Sanford Oviedo Rd
Winter Springs, FL 32708
and
Shelley's Septic Tank, Inc.
DEP WACS ID 00099237
PO Box 249
Zellwood, FL 32798
The mulch that is delivered to these facilities will be further processed to recycle and re-
use it. At.1&D Transfer Station, Inc.,it will be turned into double ground mulch that will go to
Gainesville for fuel burning or transferred to residential and commercial sites for use in
landscaping, erosion&sediment control,delivery pads. and temporary paths or roads.
At Shelley's Septic Tank,Inc.,the mulch will be processed and turned into fertilizer for
use in gardens and landscaping to promote healthy growth and improve soil texture.
�C{}-�.k"✓ 7L"ti.a L`rc�C+y'"'�''��{��7 G,l�''�;k' ✓"�'Ldv�?r''(:�"`�Pa't� G�i'4�.F b°'�' .7�:F✓"'a"$"L�l'�c',"'�c�rg".,.. ��'t daa%'���"yt '=a C9"" ���"�Y �.�.'�L-✓f
12
' „ .k
710 E. State road 434
»f Winter Springs,FL 32708
,.
iv Ph: 407-327-2520 Fax: 407-327-2523
info@abudgettreeservice.com
Temporary Debris Site Reduction Plan (C&D Recycling)
A Budget Tree Service, Inc. will be making all reasonable efforts to ensure that the
maximum amount of Construction.Debris that enters the Temporary Debris Site is recycled. As
materials enter the site, our support equipment will sort through the debris to place it into pre-
determined piles for recycling like items quickly and efficiently.
For example,materials that enter the site such as household appliances, chain link fencing,
computers, etc. would be taken to a metal recycling site for further processing and recycling. The
site for use will be:
Dominion Metal Recycling
dba 419 Metal &Auto Recycling Center. Inc.
DEI?Application 4 FLR05GO02-003MSP
600 told Sanford Oviedo Rd
Winter Springs,FL 32708
T(xke' d/GCA'v-e�af.Yo-w- ,�,t:"v1 ✓a .. o° c i The,V ca:Y %e, We-,S ervtAe'l
13
A 710 E. State Road 434
IT` BE
Winter Springs,FL 32708
Ph:407-327-2520 Fax:407-327-2523
info@abudgettreeservice.com
Dale Meagher
er
President & Operations Manager
As Operations Manager for A Budget Tree Service, Mr. Meagher oversees both day to day
operations and forecasts future planning. He also handles the commercial and governmental
agencies arbor accounts. He learned the Urban Forestry business from the ground up, starting at a
young age. Mr. Meagher has continued his education in Urban Forestry by attending ISA/UF
sponsored seminars on proper pruning, tree structure, and tree hazard assessment and has also
attended courses on invasive species identification, palm tree disease, and nutritional deficiencies
in the landscape,
PROFESSIONAL, EXPERIENCE
a Certified Tub Grinder operator
& Lift&Grapple operator
® Bobcat specialist
• Pruning for structure &subrogation specialist
® Crew Supervisor
• Supervised Seminole County Parks&Trails Projects
• Supervised Coral Springs & Pine Tree Canal Waterway Exotic Species Removal Project
* Supervised Municipal and.Emergency Response to Hurricanes Charley, Matthew, Irma
and more
• Project Management
• Sales &Estimating Projects
• Government Bid Proposals
• Class B CDL
""r��� ;�,,camas°°�"��f-,���z.�,�•_ �� c�� �,r��,r�•°r��. ,��. �a.�,,�k�':..i"'&�.�'�✓ ��="���°"�11��a w"�"�- ,r
14
710 E. State Road 434
Winter Springs,FL 32708
Ph; 407-327-2520 Fax: 407-327-2523
Sg
info@abudgettreeservice.com
Jason bole),
Special ProJects (-.',otirc:ina,tor
Mr. Coley is responsible for total project management including managing budgets,contract
negotiations, and providing daily communication with the project team to ensure jobs remain on
schedule and within budget. Jason holds an excellent trach record of strong working relationships
with prime/sub-contractors, engineers, as well as local, state, and federal governments resulting
in successful construction experience from small businesses to Fortune 500 companies.
With over 23 years of experience in construction management,Jason began his experience in
disaster reaction and management in 2003 following;Hurricanes Isabel, Charlie, Frances, Ivan,
and Jeanne. Culminating into ongoing experience in overseeing all phases of high profile
projects including underground infrastructure, disaster site management, operational
improvements,job budgeting, and equipment solutions. Jason has an exceptional ability to
network with seasoned professionals in full scale fleet inunobilization and personnel delegations.
Throughout his career, he has had the opportunity and pleasure to personally work with diverse
clients, such as American Disaster, Phillips and Jordan, Vermeer Manufacturing; Level 3,
Escambia County Commissioners office, Florida's Lt. Governor, FEMA, National Park Service,
and the U.S. Forestry Department.
PROFESSIONAL E lel^:R_lENCE
• Heavy Equipment Operator
• Project Management
• Sales&Estimating Projects
• Government Bid Proposals
• Supervises Municipal Projects
• Maintenance of Traffic Certification through the United Safety Council 2018.
• First Aid and CPR Certified through RescuED CPR 2017
• Volunteer for Florida ISA Tree Climbing Championship 2017
aCiP. '.�✓goY,rLi"C.aor�-elo"'"' o-L4'r"Yr'eFeA"o'*'6''eyC�2.9'.e'v'em'.Xo'#"'LAvk:u.'SJFc�.f.'. ....,. ,.cps,p„�,�.,y::?b.Lt,�Y4„,�kZy�>f”
15
� 710 E. State Road 434
Winter Springs,FL 32708
uic Ph: 407-327.2520 Fax: 407-327-2523
info@abudgettreeservice.com
Eric Shaw
Lead Heavy 1~'quiprnent Operator& Equipment 'Technician
Mr. Shaw has been with A Budget Tree Service for 7 years and is an exceptional Crane Operator,
Grapple Operator, and Heavy Equipment Operator. He has put in over 6000 hours doing tree
removal. He is an extremely focused individual while rigging and engineering the removal of
hazardous trees and debris. Along with his many talents, he is relied on for his expertise in the
electrical field of equipment lighting and mechanical repairs.
PROFESSIONAL E PE11,1t N(J7.
• Crane Operator
• Grapple Operator
• Heavy Equipment Operator
• Certified Tub Grinder Operator
• Performed Crane Operations at Coral Springs & bine Tree Waterway Exotic Species
Removal Project in South Florida
• Transport and Delivery of Canal Barge w/grapple throughout canal system in South Florida
• Equipment Technician
« Lighting Technician
• CDL Class B (w/air brakes)
• DC Circuitry Specialist
• Hazardous Tree Removal &Rigging Specialist
• Bobcat Operator
• Maintenance of Traffic Certification through the United Safety Council 2016
• Volunteer for Florida lSA Tree Climbing Championship 2016
® First Aid and CPR Certified through RescuED CPR 2017
7 a,
16
16
710 E. State Road 434
Winter Springs, FL 32708
!t ,° Ph: 407-327-2520 Fax.: 407-327-2523
=V; r info@?aabudgettreeservice.com
Curtis Harnion Jr.
Lead Heavy Equipment Operator
Mr.Harmon is a valued employee that has worked from the ground up with A Budget Tree Service.
Over 15 years ago, he began as a groundsman and worked his way up to Climber trainee, to
Climber's assistant, to Crew Leader/Climber, and now to Lead Heavy Equipment Operator. He
has attended ISA/UF sponsored seminars for tree pruning, structure and hazard tree assessment.
PROFESSIONAL A.L E PEl IENCE
• Pruning for Structure and Main Stem Development Specialist
® Removal &Rigging Specialist
• Bucket Truck Operator/Specialist
• Crew Leader/Ground Foreman
* Grapple Truck
• Tub Grinder Operator
• Heavy Equipment Operator
v Bobcat Operator
• Brush Chipper Operator&Maintenance
• Equipment Troubleshooting&Maintenance
• Groundsaw Troubleshooting & Maintenance
• Ground Equipment Operator
• Mechanic
• Climber/Pruning Specialist
• Class A CDL
b-e�v,,
17
710 E. State Road 434
Winter Springs,FL 32708
Ph: 407-327-2520 Fax: 407-327-2523
info@abudgettreeservice.com
Travio Haas
Crew Foreman, Cl niter, A t)orist & Equipment Operator
Mr. Haas is an expert tree climber and equipment operator, skilled and educated through the Tree
Care Industry Association. He has extensive experience with Right-of-Way trimming and
hazardous removals in high traffic areas, as well as road clearance in emergency situations and
poor conditions,always making sure communication and safety is at the highest level. He has been
a foreman on major projects for the City of Winter Springs, City of Oviedo, City of Maitland,City
of Winter Park, and the University of Central Florida.
1,ROFESSIONA1...
• CDL Class A
• Hazardous Tree Removal &Rigging Specialist
• Bobcat Operator
• Grapple Operator
• Tub Grinder Operator
• Heavy Equipment Operator
• Climber/Pruning Specialist
• Bucket Truck Operator/Specialist
• Equipment Troubleshooting &Maintenance
• Groundsaw Troubleshooting&Maintenance
• Safety and.Groundcrew Trainer
• Volunteer for Florida ISATree Climbing Championship 2016 &2017
• Completed Electrical Hazard Awareness Program.through Tree Care Industry of America.
in 2016
• First Aid and CPR Certified through RescuED CPR 2017
1$
710 E. State.Road 434
DGEVIVEE
Winter Springs,FL 32708
T
Ph; 407-327-2520 Fax: 407-327-2523
info@abudgettreeservice.com
Joseph Cooke
Crew Foreman & equipment Operator
Mr. Cooke has been with A Budget Tree Service, Inc. for over three years performing operations
with various pieces of equipment and displaying great skill and pride in his work.His patience and
dedication when tackling difficult projects makes him a strong asset to the A Budget Tree Service.
Inc. team.
PROFESSIONAL SI LLS/CE1 TIFICATIO S
• Bobcat Operator
m Tub Grinder Operator
• Heavy Equipment Operator
® Stump Cutter Operator
• Equipment Operator Trainer
• Equipment Troubleshooting &Maintenance
• Groundsaw Troubleshooting&Maintenance
® First Aid and CPR Certified through RescuED CPR in 2017
7-cLke, ,care,o{-yo r- ~e�.� they cwe, fcr.-The,, ewe vAii,-W brea-�he':'
19
710 E. State Road 434
Winter Springs,FL 32708
jStIvie
Ph: 407-327-2520 Fax: 407-327-2523
infoabudgettreeservice.com
Personnel
Project Manager: Dale Meagher Alternate: Jason Coley
361 Crystal Cir 162 Garden St,
Oviedo, FL 32765 Lake Helen,FL 32744
Office: 407-32.7-2520 Office: 407-327-2520
Cell: 321-689-1135 Cell:407-977-3199
d (C%�YudgotLlPRS yice.com jaon�E
Crews Foremen: Groundsmen:
• Gregorio Soriano 0 Wendell Horsford
• Travio Haas e Andrew Frye
• Joe Frost o Birvin Bedford
• David Rodriguez * Juan Roblero
• Bradner Rudd 9 Courtney Brown.
• Amiri Barnum a Daniel Merritt
• Kalen Guehl a Jessie Morris
• Ronald Murray 9 Cannello Arbelo
r Gary Rodriguez
Equipment Operators: a Edward Hamilton
• Eric Shaw * Emory Harp
• Curtis Hannon a Ronald Murray
• Steve Lynn 0 Rajesh Pimentel
• Joseph Cooke a Benji Ciafardoni
• Christopher Rollins o Stephen Walls
• Tygyr Davis 0 Hector Barrueta
• Andre Simpson a Ronnie Fields
Administrative:
• Dale Meagher—President/Operations Manager
• Jason Coley—Special Projects Coordinator
• Kenneth Knight—ISA Certified Arborist
® Brad Smith—Sales Manager
• Michael Varn- Sales
• Carolyn Nelson—Office Manager
® Beth Brown-Assistant Office Manager
® Roberto Sarabia-Accountant
• Crystal Jorge—Administrativc Specialist
b;"'JJ''r C'-L'"h';a t..�r'LP"at=/t -yctY t4� t-D' ''a,,, &ws?s,,% oL,p e,.br'w,2r�'7C"Y;v'1 "y ��fc't"...7 he 1°1^?v- yC A R r We, re-at'dn'r"C
20
710 E. State Road 434
Winter Springs, FL 32708
Ph: 407-327-2520 Fax:407-327-2523
info@abudgettreeservice.com
abudgettreeservice_com
Equipment List
Craves:
a 2004 Sterling LT7501 with 30 ton crane
Bucket Trucks:
r 2005 International 65' Flatbed Bucket Truck
M 2002 International 65' Flatbed Bucket Truck
1999 International 65' Flatbed Bucket Truck
® 2005 International Dump Bed with 65' Bucket Truck
0 2005 GMC C7500 with 65' Bucket Truck
« 1999. GMC C Series with 65' Bucket Truck
a 2015 Ford F750 with 75' Elevator Bucket Truck
9 2017 Freightliner M2106
Chippers:
Chipper"Trucks: e 2015 Vermeer Brushchipper 1500
9 2006 Ford F750 Dump Truck o 2013 Vermeer Brushchipper 1500
a 1994 GMC Topkick Dump Truck 9 201.3 Vermeer Brushchipper 1500XL
a 2003 Kenworth T300 Dump Truck e 2013 Vermeer Brushchipper 1500XL
a 1997 GMC 6500 Durnp Truck a 2011 Vermeer Brushchipper 1500XL
a 2005 GMC C7500 Dump Truck a 2015 Vermeer Brushchipper 1800 XL
0 2018 Kenworth T370 Dump Truck 9 2004 Vermeer Brushchipper 1800 XL
e 2018 Kenworth T370 Dump Truck a 2015 Vermeer Brushchipper BC 1000
9 2016 Vermeer Brushchipper BC I,OOOXL
Stump Grinders:
a 2012. Vermeer Stump Grinder SC802 Bobcats:
a 2014 Vermeer Stump Grinder SC352 a 2013 Bobcat with grapple A770 model
# 2016 Vermeer Stump Grinder SC802 0 1999 Bobcat with grapple S175 model
2018 Vermeer Stump Grinder SC552 9 2004 Bobcat with grapple 5175 model
Heavy Equipment:
0 2015 Western Star Grapple Truck equipped with.2124 Prentice Loader and 50 Yard Dump Body.
a 2013 Western Star Grapple Truck,equipped with 2124 Prentice Loader and 50 Yard.Dump Body
9 2006 Komatsu PC20OLC-7 Excavator
a 2005 Komatsu PC A320 Front End Loader
a 2014 Komatsu PC360 with Pemberton Shear
s 2014 Komatsu PC A320 Front End Loader
a 2013 Vermeer 62.6 Wildcat Screen Plant
a 2012 MGL Color Machine
a 2018 Vermeer Tub Grinder
r ary /11:f'
2'1
710 E. State Road 434
TVIGETTTREE
Winter Springs,FL 32708
ate' Ph; 407-327-2520 Fax: 407-327-2523
info@abudgeureeservice.com
Pickup Trucks:
* 2015 Nissan Frontier
e 2016 Ford F250
m 2016 Ford F250
a 2015 Ford F150
« 2015 Ford F250
m 2014 Ford F250
* 2013 Ford F250
e 2011 Dodge Ram
a 2005 Ford F 150
e 2004 Ford F250
2016 Ford.F250
0 2016 Ford F250
e 2017 Ford F250
e 2018 Ford F250
a 2018 Ford F250
Safety Equipment:
• Safety harnesses
• Hard hats
• Chaps
• Safety glasses
• Gloves
• Traffic signs and cones
-rc e" , rrr c r r e'�of yo-f'w-.b-e'e 'ow they ra,'�-e, Ve4y A Ir We"` r k ° ke',r
22
ATTACHMENT C—FEDERALLV REQUIRED CONTRACT CLAUSES
FOR FEMA PUBLIC ASSISTANCE
GRANTEES AND SU GRANTEES
A. Equal Employment 01)1)ortnnity
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11.246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of labor.
(5) The Conti-actor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of l_,abor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and Such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 of September
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
21
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, That in the event a
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
B. Compliance with the Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor Linder any such contract or any other Federal contract with the same prime
Contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1)through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
22
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (I) through (4) of this section.
C. Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
D. Federal Water l'ollution Control Act
(I) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 tj.S.C. 1251 et seq.
(2)The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency,and the appropriate Environmental protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
E. Suspension and Debarment
(I) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (defined at
2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the State of Florida and , the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
(4)The bidder or proposer agrees to comply with the requirements of'2 (,,.F'.P,. pt. 180, Subpart C
and 2 C.F.R. pt. 3000, Subpart C while this offer is valid and throughout the period of any contract
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
23
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.
F. Byrd Anti-Lobb.ying Amendmeni
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a mernber of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract,
grant,or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of' the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of'a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of' Congress in
connection with this Federal contract, grant, loan,orcooperative agreement, the undersigned shall
complete and submit Standard l'ormLl-l-, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, SUbgrants, and contracts under
grants, loans, and cooperative agreements) and that all SUbrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
24
Contractor, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure,
if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
G. Procurement cif Recovered Materials
(I) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired—
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule,:
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is available
at EPA's Comprehensive Procurement Guidelines web site,
,jl[o�cwL deline C lg-p
�',
H. Access to Recor(ls,
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide the City, the State of Florida, the FEMA Administrator, the
Comptroller General ofthe United States, or any of their authorized representatives access to any
books, documents, papers, and records of' the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
25
(3) The Contractor agrees to provide the TEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
1. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos,crests, or reproductions of flags or likenesses
of MIS agency officials Without specific FEMA preapproval.
J. Compliance with Federal Law, Regulalions, and Execulive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund the contract
only. The Contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
K. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not Subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
L. Prograln fraud and 17alse or FrawhilentSlalefti.ents or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs/A Budget Tree Services, Inc.
26