HomeMy WebLinkAboutBudget Tree Service Inc. Agreement for Chipping and Hauling Services 2017 10 31 AGREEMENT FOR
CHIPPING AND HAULING SERVICES
THIS AGREEMENT is made and entered into this day of J 2- yI ,2017("Effective
Date"),by and between the CITY OF WINTER SPRINGS,FLORIDA, a Florida Municipal Corporation
("City"), located at 1126 E. State Road 434, Winter Springs, Florida 32708, and A BUDGET TREE
SERVICE,INC., a Florida Corporation, whose address is 710 E. State Road 434, Winter Springs, Florida
32708 ("Contractor").
WITNESSETH:
WHEREAS, due to the impacts of Hurricane Irma, the City has been engaged in vegetative debris
removal around the community that is being hauled to and collected at two debris sites located within the City;
and
WHEREAS, the City published a Request for Proposal (F-10-17-SB) soliciting proposal from
companies with personnel, equipment and resources capable of chipping the hurricane related vegetative
debris at the two sites and hauling said chipped debris to authorized disposal locations; and
WHEREAS, Contractor responded to the Request for Proposal and the City desires to award the
contract to Contractor to chip and haul the vegetative debris collected at the two debris sites in accordance
with the terms and conditions set forth in this Agreement.
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 ENGAGEMENT, RATES, PAYMENT,
1.1 The City hereby engages the Contractor,and the Contractor agrees,to perform the scope of work
for hurricane vegetative debris chipping and hauling as ordered by the City and under the oversight of the
monitoring consultant retained by the City to oversee and manage the disaster recovery and vegetative debris
removal services provided by contractors. Specifically,Contractor shall provide the following services:
A. Chipping and hauling of Hurricane Irma vegetative debris from the City's two debris
management sites located at the corner of S.R. 434 and Michael Blake Boulevard and the other on
Tuscawilla Road south of S.R.434. Said services shall be in accordance with the terms and conditions
set forth in Section 11 of the City of Winter Springs Request for Proposal(F-10-17-SB)("RFP"). The
RFP is attached hereto as Exhibit"A" and fully incorporated herein by this reference.
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B. The vegetative debris chipped by Contractor shall be transported by Contractor to a debris
dumpsite approved by the City.
C. All equipment used in the performance of this Agreement shall be in good operating condition
and in compliance with all applicable federal, state, and local laws, ordinances, regulations and
standards.
D. Assist the City in preparation of FEMA, State, County and other agency reports for
reimbursement.
E. To the extent necessary,work closely with the City,FEMA,State,County,and other agencies to
insure that vegetative debris chipping and hauling, and all supporting data meet each agency's
requirements for reimbursement eligibility. This includes insuring that sufficient eligible documentation
(pictures, measures, pre-approval) exists and recorded at the debris management site to maximize
potential cost reimbursement from insurance or federal recovery grants.
F. To the extent necessary, complete and submit City provided disposal tickets, field inspection
reports, and other data sufficient to provide substantiation for FEMA and State reimbursement.
G. All arrangements necessary to mobilize and demobilize the Contractor's labor force and
equipment needed to perform the services required by this Agreement shall be made by the Contractor.
H. Make every effort to use mechanical equipment to chip vegetative debris and load and reasonably
compact vegetative debris into trucks and trailers to be disposed of at an authorized dupsite.
I. To the extent requested by the City,Contractor shall cooperate and provide relevant information
requested by the City to assist the City in any FEMA, State, County or other agency audit related to
reimbursement of funds paid by the City under this Agreement.
1.2 The vegetative chipping and hauling services provided by Contractor shall be performed at a
compensation rate as follows:
A. Debris grinding and chipping$1.85 per cubic yard.
B. Disposal of uncontaminated vegetation at an authorized dumpsite(final disposition)$3.55 per
cublic yard.
The aforesaid rates are all inclusive. The quantity of vegetative debris on which compensation is due
must be properly verified and documented by the City using the debris management system employed by the
City. No other compensation shall be provided by the City for the services rendered by Contractor under this
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Agreement unless agreed to by the City in writing.
1.3 The City reserves the right,at its discretion,to perform any work related to this Agreement or to
retain the services of other contractors to provide debris reduction and site management, and debris removal
services.
1.4 The Contractor shall bill the City on a monthly basis,or as otherwise provided,at the amounts set
forth herein for services rendered toward the completion of the services under this Agreement. Invoices
received from the Contractor pursuant to this Agreement will be reviewed and approved by the City's finance
department, indicating services have been rendered in conformity with the Agreement and then will be
processed for payment. Invoices must reference this Agreement. Invoices will be paid in accordance with the
State of Florida Prompt Payment Act. In order for both parties to close their books and records under this
Agreement,the Contractor will clearly state"final invoice"on the Contractor's last billing to the City. This
certifies that all services have been properly performed and all charges and costs have been invoiced to the
City. Since this account will thereupon be closed, any and other further charges if not properly included on
this final invoice are hereby waived by the Contractor.
2.0 SAFETY. Contractor shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, and subcontractors while performing the work required
hereunder.
3.0 INSURANCE. At all times when performing work under this Agreement,Contractor shall be
responsible for providing the types of insurance and limits of liability as follows:
3.1 The Contractor shall maintain comprehensive general liability insurance in the minimum amount
of$1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of
property damages and personal injury which may arise from any work performed under this Agreement
whether such work is performed by the Contractor or by anyone directly employed by or contracting with the
Contractor.
3.2 The Contractor shall maintain comprehensive automobile liability insurance in the minimum
amount of$1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the
combined single limit for each occurrence to protect the Contractor from claims for damages for bodily injury,
including wrongful death,as well as from claims from property damage,which may arise from the ownership,
use,or maintenance of owned and non-owned vehicles,including rented vehicles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the Contractor.
3.3 The Contractor shall maintain, during the life of this Agreement, adequate Workers'
Compensation 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.
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3.4 Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained at all times when Contractor is performing work under 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 Sections 3.1 and 3.2 herein,as its interest may appear,from time to time. Further,
the Property Owners of the debris management site approved by the City shall likewise be an additional
named insured, as their respective interests may appear.
4.0 COMPLIANCE WITH LAWS AND REGULATIONS. Contractor shall comply with all
requirements of federal,state,and local laws,rules,regulations,standards,and/or ordinances applicable to the
performance of work under this Agreement.
5.0 REPRESENTATIONS.
5.1 Contractor represents that the work provided hereunder shall conform to all requirements of this
Agreement and shall conform to the customary standards of care,skill,and diligence appropriate to the nature
of the work rendered. Contractor shall perform as expeditiously as is consistent with professional skill and
care and the orderly progress of the work performed hereunder. The Contractor's designated representative
shall have the authority to act on Contractor's behalf with respect to the work. In addition, Contractor's
representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and
sequential progress of the work. The Contractor shall review laws, codes, and regulations applicable to the
work. The Contractor's work 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 work
hereunder in a manner that complies with all applicable requirements of law, codes, and regulations.
5.2 Contractor represents that all principals, employees, subcontractors, and other personnel
furnishing such work shall be qualified and competent to perform the work 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.
6.0 DOCUMENTS/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 material(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 City or the
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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 of transmission of Contractor are subject
to the provisions of Chapter 119, Florida Statutes, and may not 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,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF
PUBLIC RECORDS, ANDREA LORENZO LUACES, CITY CLERK, AT (407) 327-5955,
��1 ipipi�� Ii; 1126 E. State Road 434,Winter Springs, Florida 32708.
Contractor is required to and agrees to comply with public records laws. Contractor shall keep and
maintain all public records required by 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 not 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 not disclosed except as authorized by law for the duration of the Agreement term.
Upon completion of the Agreement, Contractor shall transfer to City, at no cost, all public records in
possession of the Contractor,provided the transfer is requested in writing by the 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.However,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 meet all applicable requirements for retaining public records. All records stored
electronically must be provided to City,upon request from the City Clerk,in a format that is compatible with
the information technology systems of 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. The 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
any and all reasonable times during the normal business hours of the Contractor,be open and freely 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
Agreement for Chipping and Hauling Services
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of attorney's fees and/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 parry 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 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 of this Agreement.
7.0 ASSIGNMENT.
7.1 Contractor shall not assign any rights or any monies due or to become due hereunder without the
prior, written consent of City. 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.
7.2 Contractor shall be fully responsible to City for all acts and/or omissions performed by the
subcontractor as if no subcontract had been made.
7.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Contractor who shall take immediate steps to remedy the situation to the City's satisfaction
including,but not limited to,their removal from service.
8.0 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,Contractor
and all subcontractors shall be considered an independent contractor and not an employee of the City.
9.0 TERM, TERMINATION.
9.1 The term of this Agreement shall be thirty(30)days from the effective date of this Agreement or
upon completion and final payment of the services required by this Agreement,whichever occurs later.
9.2 This Agreement may be terminated by the City for convenience at any time. Contractor may
terminate this Agreement by providing the City with at least thirty(30)days prior written notice. In the event
of such 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.
10.0 GOVERNING LAW&VENUE. This Agreement is made and shall be interpreted,construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
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11.0 HEADINGS. Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
12.0 SEVERABILITY. 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.
13.0 WAIVER AND ELECTION OF REMEDIES.
13.1 Waiver by either parry of any term, condition, or provision of this Agreement shall not be
considered a waiver of that term,condition, or provision in the future.
13.2 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 parry hereto.
14.0 ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between City
and Contractor with respect to the work specified and all previous representations relative thereto, either
written or oral, are hereby annulled and superseded.
15.0 NO JOINT VENTURE. Nothing herein shall be deemed to create a j oint 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.
16.0 ATTORNEY'S FEES. Each party shall bear their own attorney's fees and costs under this
Agreement.
17.0 DRAFTING. City and 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.
18.0 NOTICE.
18.1 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: Dale Meagher,President
Agreement for Chipping and Hauling Services
City of Winter Springs and A Budget Tree Service, Inc.
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710 E. State Road 434
Winter Springs,Florida 32708
(407) 327-2520
For Ci :
City of Winter Springs
Attention: Shawn Boyle,Finance Director
1126 E. State Road 434
Winter Springs,Florida 32708
(407) 327-5960
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18.2 Either party may change the notice address by providing the other party written notice of the
change.
19.0 SOVEREIGN IMMUNITY. This City intends to avail itself of all sovereign immunity rights
and other rights limiting the City's liability by law under this Agreement. Notwithstanding any other provision
set forth in this Agreement,nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28,Florida Statutes,or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further,the City shall not be liable for any claim
or judgment,or portion thereof,to any one person for more than one 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 the sum of
two hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement.
20.0 CORPORATE REPRESENTATIONS BY CONTRACTOR. Contractor hereby represents
and warrants to the City the following:
20.1 Contractor is duly registered and licensed to do business in the State of Florida and is in good
standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
20.2 The undersigned representative of Contractor has the power,authority,and legal right to execute
and deliver this Agreement on behalf of Contractor.
21.0 INDEMNIFICATION.
Agreement for Chipping and Hauling Services
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21.1 Contractor shall indemnify and hold harmless the City,and its officers,attorneys and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence,recklessness, or intentionally wrongful conduct of the Contractor and other
persons employed by the Contractor in the performance of this Agreement.
21.2 Contractor shall also indemnify and hold harmless the City, and its officers, attorneys and
employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's
fees,to the extent caused by Contractor's breach and caused by other persons employed by the Contractor in
the performance of the Agreement.
The indemnity provisions set forth in Paragraphs 21.1 and 21.2 shall be considered separate and
independent indemnity provisions, and shall survive the termination of this Agreement.
22.0 FEDERAL AND STATE TAX. The City is exempt from payment of Florida State Sales and
Use Taxes. However,the Contractor shall not be exempted from paying sales tax to its suppliers for materials
used to fulfill contractual obligations with the City, nor is the Contractor authorized to use the City's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for payment of its own
and its share of its employee FICA and Social Security benefits with respect to this Agreement.
23.0 RE UEST FOR PROPOSAL TERMS AND CONDITIONS. The terms and conditions
stated in City of Winter Springs Request for Proposal (F-10-17-SB) are hereby incorporated into this
Agreement in their entirety as EXHIBIT"A"and are hereby deemed a material part of the Agreement. To the
extent that there is a conflict between the terms and conditions contained in the RFP and the terms and
conditions stated in the body of this Agreement,the conflicting term and condition,which the City deems,in
writing,most favorable to the City,shall prevail and apply.The intent and purpose of this conflict provision is
for the City to obtain the most favorable terms and conditions for the chipping and hauling services required by
this Agreement.
23.1 Notwithstanding,the following terms and conditions clarify the terms and conditions in the RFP
and shall apply:
A. Time is of the essence under this Agreement. All piles of vegetative debris existing on the City's
two debris management sites at the effective date of this Agreement must be chipped and hauled no later than
the end of the day(11:59 P.M.)on November 11,2017. Any other additional vegetative debris hauled to the
two debris management sites after the effective date of this Agreement must be chipped and hauled as soon as
possible, but no later than thirty days after the effective date of this Agreement. The contractor shall incur
$250 per day in liquidated damages for any such additional vegetative debris existing on-site after thirty days
from the effective date of this Agreement.
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B. The liquidated damages per day for failure to complete the vegetative debris chipping and hauling
by November 11 2017 shall be as follows: (i)November 12-18=$100 per day;(ii)November 19-25=$250
per day; and(iii) after November 25 = $500 per day.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
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Agreement for Chipping and Hauling Services
City of Winter Springs and A Budget Tree Service, Inc.
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EXHIBIT "A"
CITY OF WINTER SPRINGS
REQUEST FOR
PROPOSAL F-10-17-SB
HURRICANE DEBRIS
CHIPPING AND HAULING
INTRODUCTION
The City of Winter Springs (hereinafter referred to as "City") is requesting
sealed Proposals for "F-10-17-SB Hurricane Debris Chipping and Hauling".
PROPOSAL DUE DATE &TIME: FRIDAY October 27, 2017 at 5:00 P.M
EST. Proposal packages shall be mailed or hand-delivered to the Office of
the Director of Finance located at CITY HALL, 1126 East State Road 434
Winter Springs, Florida 32708. Proposals are to be received NO LATER
THAN 5:00 P.M.
Proposals received after the specified time and date will not be accepted.
The City will not be responsible for mail delays, late or incorrect deliveries.
The Director of Finance or designee will be the official authority for
determining late Proposals.
All Proposal sheets and required attachments must be executed and
submitted in a sealed envelope. Proposer shall mark Proposal envelope, "F-
10-17-SB Hurricane Debris Chipping and Hauling". Proposers name and
return address must be clearly identified on the outside of the envelope.
These documents constitute the complete set of terms and conditions,
specification requirements, and Proposal forms. Any additional information
should be attached to this Proposal format, or the Proposal may be
disqualified. Proposal Sheet(s) with an original signature, signed by an
authorized company representative, must be submitted to validate the
Proposal price.
Proposer shall submit two (2) complete sets - one (1) original (marked
"ORIGINAL"), complete with all supporting documentation. Proposals
submitted by facsimile (fax)or electronically will NOT be accepted. Submittal
of a Proposal in response to this Request for Proposal constitutes an offer by
the Proposer. Proposals, which do not comply with these requirements, may
be rejected at the option of the City. It is the Proposer's responsibility to
ensure that Proposal submittals are in accordance with all addendums
issued. Failure of any Proposer to receive any such addendum or
interpretation shall not relieve such Proposer from its terms and
requirements. Proposals not submitted on the enclosed Proposal Form shall
be rejected, unless stated otherwise in the Proposal documents. Addendums
(if any) will be available from the City website at
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City Contact Information:
Shawn Boyle Director of Finance and Admin. Services
1126 East State Road 434
Winter Springs, FL 32708
407-327-5960
sboyle@winterspringsfi.org
STANDARD TERMS & CONDITIONS
ACCEPTANCE AND REJECTION
The City reserves the right to accept or reject any and all Proposals and to accept
the Proposal which best serves the interest of the City of Winter Springs. The City
may award sections individually or collectively whichever is in its best interest,
unless the Proposer only intends to Propose for the contract in its entirety.
ASSIGNMENT
Neither the contract nor payment due may be assigned.
AWARD
Award shall be made to the responsive and responsible Proposer whose Proposal
is most economical according to the criteria designated in the solicitation.
CONFLICT OF INTEREST
The Proposer certifies that this Proposal has not been arrived at collusively or
otherwise in violation of federal, state or local laws. Any purchase order, check
requisition or contract from which any agent, officer or employee of the City or any
relative thereof, will realize a financial gain, directly or indirectly, shall be void,
except that before the execution of a purchase order, check requisition or contract,
the Commission shall have the authority to waive compliance with this section when
it finds such action to be in the best interest of the City.
CONTRACT EXTENSIONS:
The City reserves the right to automatically extend any contract for a maximum
period not to exceed ninety(90) calendar days in order to provide City departments
with continual service and supplies while a new contract is being solicited,
evaluated and/or awarded, provided this is expressly made a part of any contract
awarded in regard to this proposal.
DEVIATION FROM SPECIFICATION
Any deviation from specifications must be clearly stated, explained in detail and
accepted by the City in writing. Otherwise items offered are expected to be in strict
compliance with specifications and the successful Proposer shall be held
accordingly.
DISCRIMINATION STATEMENT:
An entity or affiliate placed on the Discriminatory Vendor List may not submit a
Proposal for a contract to provide goods or services to a public entity, may not
submit a Proposal on a contract with a public entity for the construction or repair of
a public building or perform any public work, may not submit Proposals for leases
of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under any contract with any public entity, and
may not transact business with any public entity.
ECONOMY OF PREPARATION:
The proposals should be prepared simply and economically, providing a
straightforward, concise description of the proposers' ability to fulfill the
requirements of the proposal.
ELIGIBLE DEBRIS:
Only vegetative debris located at the two DEP approved City disposal sites.
INFORMALITIES
The City of Winter Springs reserves the right to both waive any minor informality in
Proposals and to determine, in its sole discretion, whether or not informality is
minor.
INFORMATION AND LITERATURE
Proposers are to furnish all information and literature requested. Failure to do so
may be cause for rejection.
INTERPRETATIONS
Any questions concerning conditions and specifications shall be directed to the
designated buyer. Interpretations, that may affect the eventual outcome of this
Proposal, will be furnished in writing to all prospective Proposers. No interpretation
shall be considered binding unless provided in writing by the City of Winter Springs.
INVOICES
Invoices should be sent to the City of Winter Springs, It is understood and agreed
that orders and services shall be shipped and performed at the established contract
prices. Invoicing in variance with this will subject the contract to cancellation.
Submit invoices regularly and for no more than 30 day periods.
NON-DISCRIMINATION
The successful Proposer will comply with all federal and state requirements
concerning fair employment and will not discriminate by reason of race, color, age,
religion, sex, national origin or physical handicap.
PAYMENTS
Upon acceptance of work by using department of the City, the City shall make
payment to the Contractor in accordance with the Florida Prompt Payment Act,
Section 218.70, Florida Statutes. The City reserves the right, with justification, to
make a partial payment of any invoice submitted by the Contractor when requested
to do so by the using City department. All invoices shall be directed to the using
City department.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY PURCHASE
ORDER NUMBER.
PRICING
If a unit price, when extended, is obviously in error, the incorrect extended price will
be disregarded.
PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the Convicted Vendor List following a
conviction for a public entity crime may not submit a proposal on a contract to
provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit proposals for 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 any public entity in excess of the threshold amount provided in Section 287.017
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the Convicted Vendor List.
PUBLIC RECORDS:
Florida law provides that municipal records shall at all times be open for personal
inspection by any person. Section 119.01 F.S., the Public Records Law.
Information and materials received by the City in connection with an RFP response
shall be deemed to be public records subject to public inspection upon award,
recommendation for award, or 10 days after proposal opening, whichever occurs
first. However, certain exemptions to the public records law are statutorily provided
for is Section 119.07, F.S. If the Proposer believes any of the information contained
in his or her response is exempt from the Public Records Law, then the Proposer,
must in his or her response, specifically identify the material which is deemed to be
exempt and cite the legal authority for the exemption, otherwise, the City will treat
all materials received as public records.
QUANTITIES
The City reserves the right, in its sole discretion, to increase or decrease total
quantities as it deems necessary. Quantities listed on bid sheet identify anticipated
award amounts.
TAX EXEMPTIONS
The City of Winter Springs is tax exempt. The City tax-exempt number is 59-
1026364. Copies are available upon request. Form W-9 is available upon request.
TERMINATION
This Contract may be terminated by the CITY upon thirty(30) days advance written
notice to the CONTRACTOR at the primary business address as designated on the
signature page herein; however, if any work or service hereunder is in progress but
not completed as of the date of termination, then this Contract may be extended
upon written approval from the CITY until said work or services are completed and
accepted by the CITY. In the event this Contract is terminated or cancelled upon
the request and for the convenience of the CITY with such thirty (30) day advance
written notice, the CITY shall reimburse the CONTRACTOR for actual work
satisfactorily completed. In the event of a material breach, default, or negligence
on the part of the CONTRACTOR, or any other articulable cause, the CITY reserves
the right to terminate the Contract by issuing a written notice to the CONTRACTOR
which shall take effect immediately or at a time directed by the CITY. At the CITY's
discretion, a cure period may or may not be afforded CONTRACTOR. Any
termination costs, including demobilization of equipment and personnel, shall be
incurred and paid by the CONTRACTOR. In such case, the CONTRACTOR shall
not be entitled to receive further payment for services rendered from the effective
date of the Notice of Termination.
TIME FOR CONSIDERATIONS
Proposals will be irrevocable after the time and date set for the opening of Proposals
and for a period of ninety (90) days thereafter.
SPECIAL CONDITIONS
ADDENDUM AND AMENDMENTS TO REQUEST FOR PROPOSAL:
If it becomes necessary to revise or amend any part of this Request for Proposal,
the City's Finance Department will furnish the revision by written Addendum to all
prospective proposers who are recorded with the City as having received an original
Request for Proposal.
DISQUALIFICATION
More than one proposal from an individual, firm, partnership, corporation or
association under the same or different names will not be considered. If the City
believes that collusion exists among proposers, all proposals will be rejected.
INDEMNIFICATION STATEMENT
By submitting a Proposal document signed by an authorized agent of the Proposer,
Proposer acknowledges and accepts the terms and conditions of the following
Indemnification Statement in the event of contract award:
"For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Contractor shall indemnify,
hold harmless and defend the City of Winter Springs, its officers, agents,
officials, representatives and employees (hereinafter the "City") against any and
all liability, loss, cost, damages, expenses, claim or actions, of whatever type,
including but not limited to attorney's fees and suit costs, for trial and appeal,
which the City may hereafter sustain, incur or be required to pay, arising out of,
wholly or in part, or due to any act or omission of Contractor, its agent(s),
vendors, contractors subcontractor(s), representatives, servants, or employees
in the execution, performance or non-performance or failure to adequately
perform contractor's obligations pursuant to this contract."
LIMITATION OF LIABILITY STATEMENT
By submitting a Proposal document signed by an authorized agent of the Proposer,
Proposer acknowledges and accepts the terms and conditions of the following
Limited Liability Statement in the event of contract award:
LIMITATION OF LIABILITY STATEMENT
"The CITY desires to enter into this Agreement only if in so doing the CITY can
place a limit on the CITY's liability for any cause of action arising out of the
Agreement, so that the CITY's liability for any breach never exceeds the sum of
$100. 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 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 $100 less the amount of all funds actually paid by the CITY to
CONTRACTOR pursuant to this Agreement. Accordingly, and notwithstanding any
other term or condition of this Agreement that may suggest otherwise,
CONTRACTOR agrees that the CITY shall not be liable to CONTRACTOR for
damages in the amount in excess of $100, which amount shall be reduced by the
amount actually paid by the CITY to CONTRACTOR pursuant to this Agreement,
for any action or claim arising out of this Agreement. 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."
BUY AMERICAN ACT
The Contractor shall comply with all applicable standards, orders, or requirements
regarding the Buy American Act. (42 U.S.0 5206 - extended until 2023).
SUBCONTRACTORS
The Contractor shall use competitive bidding procedures as outlined in 2 C.F.R.
Part 200.319 thru 200.326 and Appendix II. These provisions will be incorporated
into the contract by reference.
SMALL & MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES
AND LABOR SURPLUS AREA FIRMS
Efforts are required to be made to ensure fairness in bidding and sub-contracting
procedures with small business, women's business enterprises and minority owned
firms, pursuant to federal and state law as outlined in 2 C.F.R. Part 200.321. This
provision (i.e. the six affirmative steps) will be incorporated into the contract by
reference.
PROPOSAL ACKNOWLEDGEMENT:
By submitting a proposal, the proposer certifies that he/she has full knowledge of
the scope, nature, and quality of work to be performed.
PROPOSER EXPENSES
No out of scope services shall be provided in the absence of prior, written
authorization in the form of a written supplemental agreement and issuance of an
appropriate amendment to the contract. The City will not pay a retainer or similar
fee. The City is not responsible for any expenses that proposer may incur in
preparing and submitting proposals called for in this request. The City will not pay
for any out-of-pocket expenses, such as word processing; photocopying; postage;
per diem; travel expenses; and the like, incurred by the proposer. The City will not
be liable for any costs incurred by the proposer in connection with any
interviews/presentations (i.e., travel, accommodations, etc.).
REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
The proposer shall furnish such additional information/clarification as the City may
reasonably require. This includes, but is not limited to information that indicates
financial resources as well as the ability to provide and maintain the services
requested. The City reserves the right to make investigations of the qualifications
of the proposer as it deems appropriate, including but not limited to, a background
investigation of service personnel to be conducted by the City of Winter Springs
Police Department or its designees.
REQUEST FOR MODIFICATION:
The City reserves the right to negotiate a final agreement with the top-ranked
proposer to more fully meet the needs of the City.
TERMS:
The initial contract period shall be for one (30) days or completion of the work and
will begin as of the date on the Notice of Award.
FEDERAL COMPLIANCE REGULATIONS
Federal regulations apply to this City of Winter Springs contract using Federal funds
as a source for the solicitation of goods and services. Successful proposers must
comply with the following Federal requirement as they apply to:
ACCESS BY THE GRANTEE SUBGRANTEE FEDERAL GRANTOR
AGENCY AND COMPTROLLER GENERAL
The Contractor shall allow access by the grantee, subgrantee, Federal grantor
agency and Comptroller General of the United States, or any of their duly
authorized representatives to any books, documents, papers, and records of the
Contractor which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts and transcriptions.
CLEAN AIR AND WATER ACTS
The Contractor shall comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), Section 508 of
the Clean Water Act (33 U.S.C. 1386), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, and/or subcontracts,
and sub grants of amounts in excess of$100,000).
CONTRACT WORK HOURS AND SAFETY STANDARDS
The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees
and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts
which involve the employment of mechanics or laborers).
COPELAND ANTI-KICKBACK ACT
The Contractor shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874)
as supplemented in Department of Labor regulations(29 CFR Part 3). (All contracts
and subgrants for construction or repair).
COPYRIGHTS
The Grantee is free to copyright original work developed in the course of or under
the agreement. FEMA reserves a royalty-free, nonexclusive and irrevocable right
to reproduce, publish, or otherwise use, and to authorize others to use the work for
Government purposes. Publication resulting from work performed under this
agreement shall include an acknowledgement of FEMA financial support, by grant
number, and a statement that the publication does not constitute an endorsement
by FEMA or reflect FEMA views.
DISADVANTAGE BUSINESS ENTERPRISES DBE CONTRACTORS
The contractor agrees to ensure that Disadvantage Business Enterprises as
defined in 49 C.F.R., Part 23, as amended, have the maximum opportunity to
participate in the performance of contracts and this agreement. In this regard,
contractor shall take all necessary and reasonable steps in accordance with 49
C.F.R., Part 23, as amended, to ensure that the Disadvantaged Business
Enterprises have the maximum opportunity to compete for and perform contracts.
The contractor shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of federal assisted contracts.
ENERGY POLICY AND CONSERVATION ACT
The Contractor shall comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (Pub. L. 94163).
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall comply with Executive Order 11246 of September 24, 1965,
entitled "Equal Employment Opportunity," as amended by Executive Order 11375
of October 13, 1967, and as supplemented in Department of Labor regulations (41
CFR Chapter 60). (All construction contracts awarded in excess of $10,000 by
grantees and their contractors or subgrantees).
REPORTING
Reports Submission: Per 44 CFR 13.50, when the appropriate grant award
performance period expires, the Grantee shall submit the following documents
within 90 days: (1) Financial performance or Progress Report; (2) Financial Status
Report(SF 269)or Outlay Report and Request for Reimbursement for Construction
Programs (SF-271) (as applicable); (3) Final request for payment (SF-270) (if
applicable); (4) Invention disclosure (if applicable); and (5) Federally owned
property report.
Re orts Acce tance: FEMA shall review the Grantee reports, perform the
necessary financial reconciliation, negotiate necessary adjustments between the
Grantee's and FEMA's records, and close out the grant in writing.
RETENTION OF ALL RECORDS
The Contractor is required to retain all records for three (3) years after grantees or
subgrantees make final payments and all other pending matters are closed
STANDARD INSURANCE REQUIREMENTS
The Certificate of insurance should be made to the City of Winter Springs, 1126
East State Road 434 Winter Springs, FL 32708 and should reference the operation.
Prior to renewal, non-renewal, cancellation, or change or modification of any
insurance policy, at least 30 days advance written notice shall be given to the City
of Winter Springs.
All Certificates of insurance shall be approved by the Risk Manager prior to the
commencement of any work.
Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide minimum limits of
$1,000,000.00 each occurrence, $1,000,000.00 annual aggregate combined
single limit for bodily injury and property damage liability. This shall include
premises/operations, independent contractors, products, completed
operations, broad form property damage, personal and advertising injury,
and contractual liability, specifically confirming and insuring the
indemnification and hold harmless clause of the contract. This policy of
insurance shall be considered primary to and not contributing with any
insurance maintained by the City of Winter Springs and shall name the City
of Winter Springs as an additional insured. The policy of insurance shall be
written on an "occurrence" form.
B. Automobile: Contractor shall provide minimum limits of liability of
$1,000,000.00 each accident, combined single limit for bodily injury and
property damage. This shall include coverage for:
• Owned Automobiles
• Hired Automobiles
• Non-Owned Automobiles
C. Umbrella/ Excess Liabilit . Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of Commercial
General Liability, Automobile Liability, Employers Liability.
D. Workers' Compensation: The contractor shall provide and maintain workers'
compensation insurance for all employees in the full amount required by
statute and full compliance with the applicable laws of the State of Florida.
Said policy must include Employers' Liability insurance with limits of no less
than:
• Each Accident $ 100,000.00
• Disease — Policy Limit $ 500,000.00
• Disease — Each Employee $ 100,000.00
Contractor shall further insure that all of its sub-contractors maintain
appropriate levels of workers' compensation insurance.
E. Other Insurance Provisions: The City of Winter Springs is to be specifically
included on all certificates of insurance (with exception to Workers
Compensation) as additional insured. All certificates must be received prior
to commencement of service/work. In the event the insurance coverage
expires prior to the completion of this contract, a renewal certificate shall be
issued thirty (30) days prior to said expiration date. The certificate shall
provide a thirty (30) day notification clause in the event of cancellation or
modification to the policy.
Deductible Clause — Contractor to declare self-insured retention or
deductible amounts.
All insurance carriers shall be rated (A) or better by the most recently published
A.M. Best Rating Guide. It shall be the responsibility of the contractor to insure
that all subcontractors comply with the same insurance requirements spelled
out above. The City may request a copy of the insurance policy according to
the nature of the project. City reserves the right to accept or reject the insurance
carrier.
SECTION II
PROJECT OVERVIEW
This RFP is for Chipping and Hauling of Hurricane Irma Debris from the City two
Debris Management Sites. All work shall follow the Occupational Safety and Health
Administration (OSHA) and Environmental Protective Agency(s) requirements to
maintain a safe working environment. City of Winter Springs has the right to
increase or decrease the Contractor's assignment and/or areas of operation within
the scope of this contract.
At a minimum the proposal should include the following information:
Organizational Chart
a Equipment resources (company versus sub-contractor owned)
M List of sub-contractors
Capacity and Plan for mobilization
Sample of sub-contracting contracts
Ability to track and record all work for invoices and auditing purposes
In Cost for services:
Provide a copy of your Certificate of Insurance;
Provide copies of occupational licenses, whether City or County, for the last
year that document active business in a commercial location providing one
or more of the following services: Bulk hauling of debris or fill, Construction
involving earth removal
IS TYPE ESTIMATED
..............„.............. VOLUME
( i in cubic yards)
Vegetative 45,000
TOTAL: 45,000
SCOPE OF WORK
The City of Winter Springs is requesting proposals from qualified and experienced
contractors to assist the City with Chipping and Hauling of storm debris to its final
disposal destination.
All payments under the contract resulting from the Request for Proposal shall be
made only for services requested and approved by the City. There shall be no
retainer paid in order to keep the contract in effect.
SUBCONTRACTORS
The Contractor shall provide the City with an updated list of all subcontractors
including phone numbers of contact personnel.
Prior to the City assigning work, the Contractor shall provide the City with an
affidavit from each subcontractor stating there is a signed contract between the
Contractor and subcontractor.
The City may, at its discretion, limit the number of subcontract firms working under
the prime or sub-prime contractor at its sole discretion to ensure safety and quality
of work provided.
In its proposal to the City, the Contractor will provide information as to what
percentage of work described herein will be subcontracted.
COSTS FOR SCOPE OF WORK
Chipping and Hauling of Debris from City Debris Sites to Final Disposal Site
The Contractor will not be compensated for disposing of any material not defined
as eligible debris. The Contractor and City will inspect each load to verify the
contents are in accordance with the accepted definition of eligible debris. If any
load is determined to contain material that does not conform to the definition of
eligible debris, the load will be ordered to be deposited at another landfill or
receiving facility and no payment will be allowed for that load; and, the Contractor
will not invoice the City for such loads. For each suitable load picked up, hauled
and processed, a record of the cubic yards will be recorded by the Contractor and
City on numbered tickets supplied by the Contractor. Copies of each load record
will be available to the Contractor and the City's designee on site. Each invoice
shall contain verification of each cubic yardage load ticket and also contain a
summary sheet indicating, by day, the individual verified load receipt and invoice
amounts. The City may temporarily remove any disputed amount line items in the
bill from the invoice for review.
MODIFICATION OF WORK
The City reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by the Contractor of the City's
notification of a contemplated change, the Contractor shall:
1. Provide an estimate for the increase or decrease in cost due to the
contemplated change;
2. Notify the City of any estimated change in the completion date;
3. Advise the City, in writin , if the contemplated change shall affect the
Contractor's ability to meet the completion dates or schedules of this ,
contract.
Upon written instruction by the City, the Contractor shall suspend work on any
portion of the work affected by a contemplated change, pending the City's decision
to proceed with the change.
If the City elects to make the change, the City shall issue a Contract Amendment or
Change Order and the Contractor shall not commence work on any such change
until such written Amendment or Change Order has been issued and signed by
each of the parties.
RETAINAGE / COMPLETION OF WORK
The City shall withhold a retainage fee in the amount of ten percent (10%) of the
value of the work until such time as the work is considered complete. This work
shall not be considered complete until any damage to public or private property
has been repaired to the satisfaction of the City. Any repairs to private property
shall include a signed release from the owner.
FINAL PAYMENT
It is anticipated that work shall be complete within thirty (30) days of initial Notice
to Proceed.
In order for both parties herein to close their books and records, the Contractor will
clearly state `final invoice' on the Contractor's final/last billing to the City. This
certifies that all services have been properly performed and all charges and costs
have been invoiced to the City of Winter Springs. Since this account will thereupon
be closed, any and other further charges, if not properly included on this final
invoice, are waived by the Contractor.
STAFFING REQUIREMENTS — CONTRACTOR
The Contractor represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of the City or have any contractual relationship
with the City that has not been disclosed. The City will determine if a conflict exists
& notify the parties accordingly.
All of the services required herein under shall be performed by the Contractor or
under its supervision, and all personnel engaged in performing the services shall
be fully qualified and, if required, authorized or permitted under state and local law
to perform such services.
The Contractor warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field.
UNAUTHORIZED ALIEN WORKERS:
The City of Winter Springs will not intentionally award publicly-funded contracts to
any contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section
1324a(e)(Section 274A(e) of the Immigration and Nationality Act("INA"). The CITY
shall consider the employment by the contractor of unauthorized aliens a violation
of Section 274A (e) of the INA. Such violation by the Recipient of the employment
provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the City.
STAFFING REQUIREMENTS — CITY
The City reserves the right to remove immediately any personnel with or without
cause that are deemed unsuitable for the City's recovery effort. Personnel subject
to removal under this clause are: City staff full and part-time or temporary; Primary
Contractor staff; sub-contractor staff.
PERFORMANCE REMEDY NOTIFICATION
Failure of the Contractor to meet the minimum level of service commitments, once
debris management services commence, shall result in the issuance of a
Performance Remedy Notification from the City to the Contractor. Once this date
and time stamped notification is issued, the Contractor shall have a twenty-four
(24) hour period in which to respond (in writing) and take corrective action. Failure
to do so may result in the assessment of liquidated damages against the
Contractor or its Surety.
LIQUIDATED DAMAGES
Parties agree that damages are difficult to determine but the following liquidated
damages are agreed to be a reasonable cost for any delays: If the Contractor shall
neglect, fail or refuse to START the Work within the 72-hours specified, or any
proper extension thereof granted by the City, then the Contractor hereby agrees,
as part consideration for awarding the Agreement, that the City reserves the right
to assess damages in the event that the Contractor response is not timely in
accordance with the terms of this Agreement and the Contractor agrees to pay the
City said sum for each and every calendar day that the Contractor shall be in
default after the time stipulated in the Agreement for STARTING the Work. The
Contractor and City acknowledge and agree that said sum is not a penalty but
liquidated damages for breach of contract.
The City and Contractor agree that the damages that will be incurred by the City
as a result of Contractor's delay in meeting a START date are of a kind difficult to
accurately estimate, and the Contractor further agrees that the said sum amount
is reasonable of the damages that will actually be incurred by the City in the event
of any such delay and not a penalty.
ACCIDENT PREVENTION
Precautions shall be exercised at all times for the protection of persons and
property. Contractor and any subcontractors shall conform to all OSHA, State,
County and City regulations while performing under the terms and conditions of
this contract. Any fines levied by the above mentioned authorities because of
inadequacies to comply with these requirements shall be borne solely by the
proposer responsible for same.
GENERAL REQUIREMENTS
REPORTING
The Contractor shall submit a report to The City of Winter Springs by close of
business each day for the term of the contract. Each report shall contain, at a
minimum, the following information:
1) Contractor's Name
2) Report Date
3) Location of completed work
4) Daily and cumulative totals of debris processed, to include method(s) of
processing and disposal location(s)
5) Problems encountered or anticipated
DUMPSITES (TDSR Sites)
The Contractor shall use only debris dumpsites designated by The City, unless
otherwise approved by The City of Winter Springs.
OTHER CONSIDERATIONS
The Contractor shall supervise and direct the work, using skillful labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibility of the Contractor. The Contractor shall pay for all materials,
personnel, taxes, and fees necessary to perform under the terms of this contract.
The Contractor must be duly licensed in accordance with the state and local
statutory requirements to perform the work. The Contractor shall obtain all permits
necessary to complete the work. The Contractor shall be responsible for
determining what permits are necessary to perform under the contract. Copies of
all permits shall be submitted to The City of Winter Springs.
The Contractor shall be responsible for taking corrective action in response to any
notices of violations issued as a result of the Contractor's or any subcontractors'
actions or operations during the performance of this contract. Corrections for any
such violations shall be at no additional cost to The City of Winter Springs.
There shall be no overnight parking or camping on public property without the
approval of The City.
The Contractor is encouraged to employ experienced and qualified local
subcontractors.
OTHER CONTRACTS
The City reserves the right to issue other contracts or direct other contractors to
work within the scope of work included in this contract.
EQUIPMENT
The Contractor shall provide all equipment necessary to prepare the site(s),
stockpile the debris, feed the grinder(s), load and haul for disposal of all debris and
any other equipment which may be necessary for the performance of this contract.
Prior to commencing debris reduction and disposal operations,the Contractor shall
present to The City, for approval, a detailed description of all equipment to be used
for debris handling, sorting, processing, loading, and hauling, stating brand name,
model and horsepower.
All trucks and other equipment must be in compliance with all applicable federal,
state, and local rules and regulations.
Any equipment that is hauling debris to the designated reduction site shall be
capable of self-dumping or removing its load without assistance from other
equipment.
Sideboards or other extensions to the bed are allowable provided they meet all
applicable rules and regulations, cover the front and both sides, and are
constructed in a manner to withstand severe operating conditions. The sideboard
extensions shall be braced with metal reinforcing. The overall height of the hauling
vehicle shall not exceed 13 feet 6 inches above the ground. All extensions are
subject to acceptance or rejection by The City.
Damaged sideboards must be repaired prior to arriving at the dumpsite.
All trucks utilized in hauling debris shall be equipped with a tailgate that will
effectively contain the debris on the vehicle while hauling and also permit the
vehicle to be loaded to capacity. Gaps in the tailgate greater than two (2) inches
will not be permitted. The tailgates shall be secured along the edges with fasteners
of sufficient strength to hold the tailgate securely closed during transit, rubber
bungee cords will not be permitted.
The Contractor, prior to use, will inspect all equipment to ensure all requirements
are met and it is in good overall condition. The City of Winter Springs reserves the
right to refuse equipment that is demand unsafe or inadequate.
All equipment used for hauling debris shall be measured and marked for its load
capacity. The Contractor shall supply pre-approved measurement forms for each
hauling container used under this contract. Prior to commencing debris Hauling
operations, the Contractor shall present to The City of Winter Springs all trucks or
trailers that will be used for hauling debris, for the purpose of determining hauling
capacity. The hauling capacity will be based on the interior dimensions of the
hauler's container, and rounded down to the nearest whole cubic yard.
Hauling capacity, in cubic yards, will be recorded and marked on each truck or
trailer with permanent markings. Each truck or trailer will also be uniquely
numbered for identification with a permanent marking.
Trucks and trailers designated for use under this contract shall be equipped with a
placard on the driver's side of the hauling container. The placard shall state the
Contractor's name, the sub-contractors name, individual and unique identification
number and the total capacity in cubic yards of the hauling container. The
Contractor shall furnish these signs. All signs shall be removed prior to performing
work other than activities associated with this contract.
Equipment used under this contract shall be rubber tired and sized properly to fit
loading conditions. Excessively large loading equipment (3 CY and larger) and
non-rubber tired equipment must be approved by The City of Winter Springs.
Hauling containers shall be a minimum of 15 cubic yards in volume unless approved
by The City of Winter Springs.
Trailer type haulers shall be equipped with either tandem axles and/or dual tires, a
minimum of four (4) tires are required on all trailers. The GVWR shall be a
minimum of 10,000 Ibs on all trailers. All trailers must have a legible manufacture's
identification plate with ratings.
Trucks or equipment that are designated for use under this contract shall not be
used for any other work during the working hours of this contract. The Contractor
shall not solicit work from private citizens or others to be performed in the
designated work area during the period of this contract. Under no circumstances
will the Contractor mix debris hauled for others with debris hauled under this
contract.
LOAD TICKETS
A Load Ticket will be used for recording volumes of debris removed and processed.
Refer to attached sample:
At a minimum each ticket will contain the following information:
The City of Winter Springs Debris Load Ticket (as a title)
Contractor Name
Ticket Number
Load Site Location
Date
• Truck (Container) Number
• Capacity (Container)
Total Debris Volume (Quantity)
Dump Site Name (Location)
Verification Signature Lines (Load Site, Dump Site Monitors and
Contractor)
The Contractor will not receive a Load Ticket for any loads that were not
observed by a Load Site Monitor during loading without the approval of The
City.
A City of Winter Springs Dump Site Monitor will determine the total cubic yards
of material received by visual inspection of the load. Trucks with partial loads
will be adjusted down during this visual inspection by The City. Load
measurements will be documented on Load Tickets.
The Contractor shall keep a daily updated log, in each TDSR site inspection
tower, of all loads received, including the total volume of debris in each load.
The Contractor shall provide a copy of all daily log sheets at the end of each
business day.
SECTION III
PROPOSAL SUBMITTALS
For the proposal to be considered, one (1) original marked "ORIGINAL", and one
(1) copies of the proposal must be received by the City of Winter Springs on or
before 5:00 P.M. October 27, 2017.
Proposers must include the following information in their proposals and should use
the following format when compiling their responses. Sections should be tabbed
and labeled; pages should be sequentially numbered at the bottom of the page.
Title Page: Title Page shall show the request for proposal's subject, title and
proposal number; the firm's name; the name, address and telephone number of a
contact person; and the date of the proposal.
Table of Contents: The Table of Contents shall provide listing of all major topics,
their associated section number, and starting page.
Summary of Qualifications:
• Organizational Chart
• Equipment resources (company versus sub-contractor owned)
• List of sub-contractors
• Capacity and Plan for mobilization
• Sample of sub-contracting contracts
Ability to track and record all work for invoices and auditing purposes
Cost for services:
Provide a copy of your Certificate of Insurance;
Provide copies of occupational licenses, whether City or County, for the last
year that document active business in a commercial location providing one
or more of the following services: Bulk hauling of debris or fill, Construction
involving earth removal
If the City or County in which the Contractor resides does not provide occupational
licenses, alternate documentation acceptable to the City, in its sole opinion,
may be provided;
Indicate specifically the personnel who will have primary responsibility for
the City's contract. Also indicate all key individuals, and their tasks and/or
areas of expertise. Identify the percentage of work to be completed by
subcontractor(s).
Provide a comprehensive list of equipment available for use with this contract.
Proposed Cost: All costs associated with delivering the requested services must be
detailed in the format requested in exhibit A.
SECTION IV
REQUEST FOR PROPOSAL TIME LINE
The anticipated schedule for this RFP is as follows:
Proposal Issue Date October 13, 2017
Proposal Advertised October 13, 2017
Proposal/Bid Opening Friday, October 27, 2017
Contract Award Friday, October 27, 2017
Work Commencement Monday, October 30, 2017
Project Completion Friday November 10, 2017
EVALUATION PROCEDURE
All proposals will be subject to a review and evaluation process. It is the intent of
the City that all proposers responding to this RFP,who meet the requirements, shall
be ranked in accordance with the criteria established in these documents. The City
will consider all responsive and responsible proposals received in its evaluation and
award process.
The City's evaluation criteria will include consideration of, but will not be limited to
the following:
1) Responsiveness of the proposal related to the Scope of Work;
2) The ability, capability and skill of the proposer to perform the
contract;
3) Whether the proposer can perform the contract within the time
specified, without delay or interference;
4) Net costs; and
5) Such other information as may be secured.
Recommendation and Approval of Ranking: The City shall rank all complete written
proposals received and/or formal oral presentations/interviews in order of
preference and submit this ranking as its' final recommendation to the City
Manager.
Exhibit A. Pricing
The City estimates that the current debris volume is 45,000 Cubic Yards
DEBRIS REMOVAL 8�...H..........�__�...._.. - ,�____. ----
m_.................
AULING Items 1 and 2
. .........................................................................ITEM DESCRIPTION PRICE UOM
..................................
Debris Grinding and Chipping.
1 $ Per cubic yard
... Disposal of uncontaminated vegetation at acceptable
Landfill or alternative site. $ Per cubic yard
Exhibit B.
Project time Line
October 27th October 30th 2017 November 10th 2017
Bid Award Start W�II�YfI�ork Project Completion Date
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