HomeMy WebLinkAboutCrowder Gulf Joint Venture, INC. Hurricane/Disaster Debris Removal, Reduction and Disposal Agreement 2023 11 22AGREEMENT FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION and DISPOSAL
THIS AGREEMENT is made and entered this 22nd day of November 2023, 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
CROWDER GULF JOINT VENTURE, INC., a corporation authorized to do business in
Florida ("Contractor"), whose principal address is 5629 Commerce Blvd E, Mobile, AL 36619.
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. 06-23-01 BI (“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 documents 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
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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.
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."Contractor" shall mean D&J Enterprises, Inc. and its principals, employees and
resident project representatives (and assistants).
d."Public Record" shall have the meaning given in section 119.011(12), Florida
Statutes, as may be amended.
e."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 under 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 a Task Order.
g."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
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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. 06-23-01 BI, to accomplish the task and send the thus developed
"Task Proposal" to the City. Tasks shall be performed in accordance with the standards contained
in the RFP No. 06-23-01 BI, which shall be fully incorporated herein by this reference as
Attachment “A.” For any Tasks where time 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. 06-23-
01 BI 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 an
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 perform 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 acknowledged 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 under this Agreement by Contractor, unless otherwise agreed by the City in
writing, are set forth in the Contractor’s Response to RFP No. 06-23-01 BI 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. 06-23-01 BI, 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
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effort/completion dates of all tasks will be determined by the City after consultation with the
Contractor and established in each appropriate Task Order.
b. Contractor 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 commencement, the Contractor must provide collection
equipment sufficient to collect a minimum of 500 cubic yards of debris per day. Within seven
(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 (15) 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 terms 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.
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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
shall prevail.
5.2 Florida 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 under 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 under
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 under this Agreement
shall not be construed or operate as a waiver of any rights under 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 any delays in
performing the Services under 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. The 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 under 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 claims for payment which the Contractor may
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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. 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 of any such overpayment. Such refund
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 amount 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 damages in the amount of up to $5,000.00 per
day shall be owed to the City as provided in RFP No. 06-23-01 BI, including for closure of
temporary debris sites, failure to provide back-up 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 under 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.
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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.
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 $5,000,000.00 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 performed 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.
d. Pollution Liability. The Contractor shall maintain pollution liability insurance
coverage, which covers any and all loses caused by pollution conditions (including sudden and
non-sudden pollution conditions) arising from the Services being performed pursuant to this
Agreement, in the minimum amount of $1,000,000 per occurrence and $2,000,000 per general
aggregate.
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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 10.1.a and 10.1.b 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
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 Liability 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 under 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 the
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 Contractor to perform any Services hereunder shall fully comply
with the insurance provisions contained in this paragraph.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
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11.1 The Contractor shall comply with all requirements of federal, state and local laws,
rules, regulations, standards and/or ordinances applicable to the performance of Services under
this Agreement. For example, the Contractor shall comply with Section 247A of the Immigration
and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and
Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status. Pursuant to Section
287.058(1), Florida Statutes, the provisions of section 287.058(1)(a)-(c), and (i), Florida Statutes,
are hereby incorporated by reference, to the extent applicable.
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 under this Agreement or the applicable Task Order. The Contractor shall
provide the City with a written schedule for services performed under 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
Contractor shall review laws, codes and regulations applicable to the Contractor's Services. The
Contractor's services and design 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. The 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 services 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.
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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 Services 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 indemnify, 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 from 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 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 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
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 CUSTODIAN
OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955,
aluaces@winterspringsfl.org, City Clerk’s Office, 1126 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
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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 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. 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 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. 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 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 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
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.
15.0 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 will be permitted
to operate any Temporary Debris Sites.
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15.2 If 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 If 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 If 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 forth 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 employee(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 City, in its sole discretion, may allow Contractor
additional time as is reasonably necessary to remedy the default and provided the Contractor
promptly takes and diligently pursues such actions as are necessary therefore; or
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
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e. The Contractor has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement.
f. 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. 06-23-01 BI 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;
f. Failure to provide service in accordance with FEMA guidelines; and
g. Soliciting work from private citizens or others to be performed in the designated
Collection Service Area during the period of this Agreement.
17.5 In addition, at the City’s sole option, if the City determines that the performance
of the Contractor is unsatisfactory, the City may notify the Contractor of the deficiency to be
corrected, which correction shall be made within a time-frame specified by the City. The
Contractor shall, within the time specified in the contractual documents after notice from the
City, provide the City with a corrective action plan describing how the Contractor will address
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all issues of contract non-performance, unacceptable performance, and failure to meet the
minimum performance levels, deliverable deficiencies, or contract non-compliance. In the event
that corrective action plan is requested and if the corrective action plan is unacceptable to the
City, the City may assess a non-performance retainage equivalent to 10% of the total invoice
amount or as specified in the contractual documents to the Contractor. The retainage will be
applied to the invoice for the then-current billing period. The retainage will be withheld until the
Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may
bill the City for the retained amount during the next billing period. If the Contractor is unable to
resolve the deficiency, the funds retained may be forfeited at the end of the agreement period.
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 prejudice 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 any state action or
litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
the Middle District of Florida, Orlando Division.
20.0 HEADINGS
20.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
21.0 SEVERABILITY
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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.
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
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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.
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:
For City:
City of Winter Springs
Attention: Shawn Boyle, Finance Director
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5960
sboyle@winterspringsfl.org
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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 under Section 768.28, Florida Statutes, or
other limitations imposed on the City’s potential liability under state or federal law. Contractor
agrees that City shall not be liable under this Agreement for punitive damages or interest for the
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 purpose of allowing any claim which would otherwise be
barred under the doctrine of sovereign immunity 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 under 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 AND LIMITATION OF LIABILITY
33.1 The 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
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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 immunity under Section
440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the
parties.
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
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 sum 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 monetary limits identified in Section 768.28 Florida Statutes.
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 under this Agreement, employee or agent has
employed or otherwise provided compensation to, any employee or officer of the City; and;
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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,
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 under 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 Hurricane Disaster Debris Removal, Reduction
and Disposal form and Exhibits A through C. If there is any inconsistency between this
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal form and any of the
Exhibits, this form shall take precedence, then Attachment A, and finally Attachment B.
38.0 E-VERIFY
38.1. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021,
Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify
system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees
hired on and after January 1, 2021.
38.2. Subcontractors:
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ATTACHMENT A – REQUEST FOR PROPOSAL FOR HURRICANE/DISASTER
DEBRIS REMOVAL, REDUCTION AND DISPOSAL
RFP No. 06-23-01 BI
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ATTACHMENT B – RESPONSE TO REQUEST FOR PROPOSAL FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
RFP No. 06-23-01 BI
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ATTACHMENT C – FEDERALLY REQUIRED CONTRACT CLAUSES
FOR FEMA PUBLIC ASSISTANCE
GRANTEES AND SUBGRANTEES
Any contract or subcontract funded by this Agreement must contain the applicable
provisions described in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the
Contractor to include any of the required provisions in its sub-contracts.
A.Equal Employment Opportunity
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, sexual orientation, gender identity, 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, sexual
orientation, gender identity, 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, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal
duty to furnish information.
(4) 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
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this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor 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 Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) 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
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) 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
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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 under 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
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) 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 Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(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.
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(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
(1) 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 and any subcontractors 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 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
F. Byrd Anti-Lobbying Amendment
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 member 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 and belief, 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
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Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 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 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 of Recovered Materials
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(1) 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,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
H. Access to Records
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 of the 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.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
I. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA preapproval.
J. Compliance with Federal Law, Regulations, and Executive 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.
Agreement for Hurricane Disaster Debris Removal, Reduction and Disposal
City of Winter Springs / Crowder Gulf
29
L.Program Fraud and False or Fraudulent Statements 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.
M.Additionally, a Contractor’s or any other non-federal entity’s contracts must contain all
or any applicable provisions described in 2 C.F.R. Ch. II, pt. 200, App. II (2022) (hereby
incorporated by reference, as applicable).
N.It is solely the responsibility of the Contractor to comply with and/or include in its
subcontracts all applicable provisions, including but not limited to:
1)Contractor shall also comply with the requirements of 2 C.F.R. § 200.216 (Prohibition on
certain telecommunication and video surveillance services or equipment).
2)Contractor shall also comply with the requirements of 2 C.F.R. §§ 200.321 (Contracting
with small and minority businesses, women's business enterprises, and labor surplus area firms).
3)Contractor shall also comply with the requirements of 2 C.F.R. §§ 200.322 (Domestic
Preferences for procurements).
4)Contractor shall also comply with the requirements of 2 C.F.R. §§ 200.323
(Procurement of recovered materials).
1 RFP 06-23-01 BI Disaster Debris Removal Services
REQUEST FOR PROPOSAL
FOR
HURRICANE / DISASTER DEBRIS REMOVAL
SERVICES (Includes Removal, Reduction and Disposal)
RFP NO. 06-23-01 BI
JUNE 16, 2023
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Attachment A
2 RFP 06-23-01 BI Disaster Debris Removal Services
Table of Contents
PART I
GENERAL INFORMATION
1. Purpose ............................................................................................................................... 3
2. Selection Process and Evaluation .................................................................................... 3
3. Procurement Schedule ...................................................................................................... 3
4. Proposal Submission and Withdrawal ............................................................................. 3
5. Communication Protocol ................................................................................................... 4
6. Addenda ............................................................................................................................... 4
7. Rights of the CITY .............................................................................................................. 5
8. Proposal Preparation Costs ............................................................................................. 5
9. Interpretations .................................................................................................................... 5
10. Non-Collusion Affidavit ..................................................................................................... 5
11. Public Entity Crimes ........................................................................................................... 5
12. Public Records Act/ Information Disclosure to Third Parties ..................................... 6
13. Posting of Recommendation for Award ..................................................................... ...6
14. Insurance ............................................................................................................................. 6
15. Cone of Silence ................................................................................................................... 6
16. Agreements with other Governmental Entities ............................................................. 7
17. Scrutinized Companies ....................................................................................................... 7
18. Third Party Beneficiary Disclaimer ................................................................................... 7
PART II
STATEMENT OF WORK
1. Project Description and Requirements ............................................................................ 8
2. Introduction ......................................................................................................................... 8
3. Scope of Work/Overview.. .............................................................................................. …10
4. Miscellaneous Requirements ........................................................................................... 15
5. Performance of PROPOSER ............................................................................................... 16
PART III
PROPOSAL SUBMISSION REQUIREMENTS
1. Proposal Submission Requirements and Format ...........................................................17
PARTIV
PROPOSAL EVALUATION AND AWARD
1. General ................................................................................................................................ 20
2. Evaluation Criteria ..............................................................................................................20
3. Evaluation Method ............................................................................................................ 20
4. Award................................................................................................................................... 21
PARTV
MANDATORY PROPOSAL FORMS 22
1. Proposal Form 1 – PROPOSER Information and Acknowledgement Form ..................
2 Proposal Form 2 - Price Proposal ......................................................................................
3. Proposal Form 3 - References ..........................................................................................
4. Proposal Form 4 – Insurance Requirements ....................................................................
5. Proposal Form 5 – Scrutinized Company Certification ..................................................
6. Proposal Form 6 - Non-Collusion Affidavit ......................................................................
7. Proposal Form 7 – Drug Free Workplace .........................................................................
8. Proposal Form 8 – Non Segregated Facilities ..................................................................
9. Proposal Form 9– E-Verify Statement .................................................................
10. Proposal Form 10 - Conflict of Interest Statement ...............................................................
11. Proposal Form 11- SMWBE Utilization Plan ........................................................................
3 RFP 06-23-01 BI Disaster Debris Removal Services
PART I - GENERAL INFORMATION
1.Purpose
The 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, hereinafter
Disaster Debris Removal Services, for the City of Winter Springs (CITY).
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 IV - Proposal Evaluation and Award.
3.Procurement Schedule
A summary schedule of the major activities associated with the CITY'S procurement process
for this Solicitation is presented in Table 1 - Procurement Schedule. The CITY, at its sole
discretion, may modify the schedule as it deems appropriate. The CITY will notify PROPOSERS
of any changes in association with submittal dates by written Addenda in accordance with
Part I, Section 6 -Addenda.
Table 1 - Procurement Schedule
No. ACTIVITY DATE
1 Issue RFP June 16, 2023
2 Last Date for City to Receive Questions on RFP June 28, 2023
3 Last Date for City to Issue Addendum in Response to
Questions
June 30, 2023
4 Proposal Submission Due Date July 14, 2023
5 Selection Committee Meeting (tentative date) July 21, 2023
6 CITY Commission Approval TBA
7 Notice of Award to Successful Proposer TBA
8 Notice to Proceed to Successful Proposer TBA
4.Proposal Submission and Withdrawal
Sealed Proposals will be received the City of Winter Springs Finance Department no later than 2:00 P.M., Eastern Time, on
the date established in Section 3, Table 1 - Procurement Schedule, at the following address: Winter Springs City Hall, 1126
East State Road 434, Winter Springs, Florida, 32708 Attn: Stuart MacLean, Procurement Manager
Said Proposals shall conform to the requirements outlined in the Request For Proposal. The CITY reserves the right to reject
any and all offers and to waive minor informalities. The CITY issues this Request for Proposal in order to select a Proposal
for further contract negotiations and selection by the CITY may not necessarily result in the formation of a contract.
PROPOSER shall submit their response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your RFP
response to this office by the date and time indicated above. The outside of your package must be clearly labeled with the
RFP number, title, opening date and time, and the name and address of the PROPOSER. The CITY is not responsible for
submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not
constitute meeting the CITY’S receipt deadline stated above.
Offers received after July 14, 2023 at 2:00pm, will be rejected
4 RFP 06-23-01 BI Disaster Debris Removal Services
Deadline for questions is June 28, 2023 and an addenda will be issued by noon June 30, 2023 if
questions are received and require clarification.
PROPOSER may withdraw their Proposals by notifying the CITY'S Procurement Manager, in writing,
at any time prior to the time set for the Proposals receipt deadline as set forth above.
PROPOSERS may withdraw their Proposals in person or through an authorized representative.
PROPOSERS and/or authorized representatives must disclose their identity and provide a signed
receipt for the Proposals. Proposals, once opened, become the property of the CITY and will not
be returned to the PROPOSER.
PROPOSAL REQUEST AND RELATED ADDENDA DOCUMENTS CAN BE DOWNLOADED FREE OF
CHARGE FROM:
www.demandstar.com
or
https//www.winterspringsfl.org/rfps
5.Communication Protocol
All questions and communications concerning this procurement process must be directed to Stuart MacLean, Interim
Procurement Manager. All requests for clarifications or additional information must be submitted in writing via
electronic mail to smaclean@winterspringsfl.org.
All questions shall be submitted no later than the date specified in Table 1 - Procurement Schedule. The CITY will record its
responses to questions, if any, and address them in the form of a written Addenda which will be published on Demand Star.
6.Addenda
Should revisions to the RFP become necessary, the CITY will issue a written Addenda. All Addenda may be downloaded from the
Demand Star application noted above. PROPOSERS' Proposal may be rejected as non-responsive if PROPOSERS have failed to submit
Proposal without acknowledgement of receiving and reviewing any relevant Addenda issued. All PROPOSERS should review the
Demand Star application for any Addenda issued and if any questions, contact the CITY no more than five (5) calendar days before
the due date for receiving Proposals to ascertain whether any Addenda have been issued. Failure of the PROPOSER to make this
inquiry could result in its Proposal being non-responsive in the event Addenda were issued and not downloaded by the PROPOSER in
the preparation of their submittal.
No Addenda will be issued later than five (5) calendar days prior to the due date for receipt of Proposals except an Addenda
withdrawing the RFP or one that includes postponement of the date for receipt of Proposals.
5 RFP 06-23-01 BI Disaster Debris Removal Services
7. Rights of the CITY
This RFP constitutes an invitation for submission of Proposals to the CITY. This RFP does not
obligate the CITY to procure or contract for any of the scopes of services set forth in this RFP.
The CITY reserves and holds at its sole discretion, various rights and options under Florida law,
including without limitation, the following:
• To prepare and issue Addendums to the RFP that may expand, restrict, or cancel any portion or all work described in the
RFP without obligation to commence a new procurement process or issue a modified or amended RFP.
• To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate.
• To waive any informalities, technicalities or irregularities in the Proposals submitted.
• To reject any and all Proposal submissions.
• To change the date for receipt of Proposals or any deadlines and dates specified in the RFP.
• To change the procurement and/or selection process prior to receipt of Proposals.
• To conduct investigations with respect to the information provided by each PROPOSER and to request additional
information (either in writing or in presentations and interviews) to support such PROPOSER'S responses and submittals.
• To visit facilities referenced in the PROPOSER'S submittal at any time or times during the procurement process.
• To seek clarification of Proposals from the PROPOSERS either in writing or in presentations and interviews
• To cancel the RFP: with or without the substitution of another RFP.
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 the
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 the
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 a written Addenda. In no event shall PROPOSERS rely on any oral
statement by the CITY, its staff, agents, advisors, or consultants. Any PROPOSER that submits in its
Proposal to the CITY any information which is determined to be substantially inaccurate, misleading,
exaggerated, or incorrect, may be disqualified from consideration.
10. Non-Collusion Affidavit
The PROPOSER is required to submit with their Proposal (See Mandatory Forms) a Non-Collusion Affidavit
stipulating Agreement to the following: "PROPOSER certifies that its Proposal is made without previous
understanding, Agreement, or connection with any person, firm, or corporation making a Proposal for
the same item(s) 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 on 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 on 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 for CATEGORY
TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
6 RFP 06-23-01 BI Disaster Debris Removal Services
12. Public Records Act/Information Disclosure to Third Parties
Sealed bids, proposals, SOQs, or replies received by the CITY pursuant to a competitive solicitation are exempt from
s. 119.07(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 exclusions to disclosure. If the 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 the applicability of the public
records law. In addition, all Proposals received by the Proposal submission date will become the
property of the 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 after CITY Commission approval is received, for a period of
five (5) calendar days. It is the PROPOSERS' 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. Insurance
The awarded PROPOSER(S) shall maintain insurance coverage reflecting the minimum amounts and
conditions (See Mandatory Forms). In the event the PROPOSER(S) is a governmental entity or a self-
insured organization, different insurance requirements may apply. 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 Cone 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), any dispute resolution process following the filing of a 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.
7 RFP 06-23-01 BI Disaster Debris Removal Services
16. Agreements with other Governmental Entities
All PROPOSERS submitting a response to this RFP agree that such Proposal also constitutes a Proposal to all State Agencies and
Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective
period as specified in this RFP; should the successful PROPOSER deem it in the best interest of their business to do so. The
Agreement(s) resulting from this RFP in no way restricts or interferes with any State Agency or Political Subdivision of the State of
Florida 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,
Proposer hereby certifies (See Mandatory Forms) that PROPOSER and its 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 PROPOSER this PROPOSER
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. 287.135.
18. Third Party Beneficiary Disclaimer
It is not the intention of these RFP 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 RFP documents or the contract
awarded pursuant to this RFP should be construed or interpreted as creating a third party beneficiary.
8 RFP 06-23-01 BI Disaster Debris Removal Services
PART II
STATEMENT OF WORK
Project Description and Requirements
The CITY seeks experienced firms to provide Disaster Debris Removal Services, including the reduction and lawful disposal of
disaster-generated debris (other than hazardous materials and household putrescible garbage) from public property and public
right- of-ways in Incorporated Winter Springs, Florida, immediately after a hurricane or other disaster.
The successful PROPOSER must service the CITY first and be on call to provide all support services necessary to ensure the safety and
well-being of all residents and visitors to 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 of a named storm event or major flood impacting Incorporated Winter Springs, Florida.
They may also be called upon throughout the year to render services to assist the CITY with special needs and events other than full
scale disasters as may be determined by the CITY Manager. The CITY retains the right to obtain similar services from additional
qualifies contractors.
The successful PROPOSER(S) must be responsible for the efforts of all removal resources in the field in accordance with the Stafford
Act and Federal Emergency Management Administration (FEMA) policies and guidelines.
The successful PROPOSER must adhere to all requirements and regulations established by FEMA, The Federal Highway
Administration (FHWA), Florida Department of Transportation (FDOT), Natural Resources Conservation Services
(NRCS), U.S. Army Corps of Engineers (USACE) and any other governmental agency with jurisdiction over response and recovery
actions.
The services rendered as a result of this RFP must meet rules and procedures for Federal grants, as provided for in the
Uniform Rules in 2 C.F.R. Sections 200.317 – 200.326 in order to be eligible for reimbursement under the Public Assistance Program.
All awarded contractors must take affirmative steps to utilize small and minority businesses and women business enterprises and
labor surplus firms.
The objective of the RFP and subsequent contracting activity is to secure the services of an experienced PROPOSER who is capable of
efficiently managing the removal of large volumes of disaster-generated debris from a large area in a timely and cost-effective
manner and lawfully disposing of all debris. PROPOSER 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, or its agent, and CONTRACTOR. This determination will be set in writing in appropriate Task Order(s).
The PROPOSER shall perform all work in accordance with FEMA guidelines in order to maximize recovery of reimbursable expenses.
This task shall include the provision of audit quality documentation as required by and acceptable to FEMA for all work
accomplished.
The PROPOSER may be required, at the CITY'S discretion, to be under the direction of an agent of the CITY.
Introduction
The CITY'S disaster recovery 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 debris. The planning approach is
formulated in part on the concept of strategic pre-positioning of plans and resources necessary for timely, coordinated recovery
operations, including removal of debris from public property and right-of-ways throughout Incorporated Winter Springs using a
combination of municipal and CONTRACTOR forces.
If activation is required the CITY intends to activate contracts on an as-needed basis as solely determined by the CITY.
The CITY intends to activate the PROPOSER as best meets the needs of the CITY. The CITY reserves the sole right to
assign/reassign any or all PROPOSERS at any time as may be deemed appropriate depending upon the
circumstance(s), the event, or any other condition which may warrant such action.
9 RFP 06-23-01 BI Disaster Debris Removal Services
The PROPOSER must have the experience and capability to manage a major workforce with multiple subcontractors and to cover the
expenses associated with a major recovery operation prior to the initial CITY payment and between subsequent payments, as well as
the capacity to provide the necessary bonds and insurance. The PROPOSER must also have an established management team, an
established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume
reduction operations plans, and demonstrable experience in major disaster recovery projects. The Agreement to be awarded 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 PROPOSER unless and until the Agreement is activated either in anticipation of a natural disaster or immediately after
such disaster.
PROPOSER who receives a contingency Agreement for the work, may be required to participate in certain CITY directed disaster
recovery training and/or exercises, 1 to 2 days each year, at no cost to the CITY.
The CITY does not guarantee a PROPOSER will be activated if awarded a standby agreement.
Planning Standard for Debris Removal and Disposal
The CITY'S goal is to complete the debris removal and disposal process in no more than 120 days. This assumes that the entire area
of the CITY will be accessible within that period. Due to the low elevation and potential for flooding, some areas might not be
accessible for several weeks after a major natural disaster. The PROPOSER must be aware that it might not be possible to initiate
operations in all parts of the CITY simultaneously immediately after a storm.
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, or its agent, will direct the debris removal and disposal operations. The successful PROPOSER will
appoint a Project Manager, fluent in English, who will be the CITY’S primary point of contact and will be responsible for all services
and personnel that are provided by the PROPOSER and to ensure that all procedures provide for reimbursement by FEMA and other
Federal and State agencies.
In addition to using CITY forces and equipment, the CITY intends to execute one (but reserves the right to execute more than one)
Disaster Debris Removal Agreement on a contingency basis for the purpose of having PROPOSER(S) immediately available and
committed to assisting the CITY in the aftermath of a major disaster. Each PROPOSER holding a Disaster Debris Removal Agreement
will serve as a General Contractor for the purpose of management of debris removal, reduction 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
PROPOSER will use both local and non-local subcontractors.
When a major disaster occurs or is imminent, the CITY, or its agent, intends to contact PROPOSERS holding Disaster Debris Removal
Service Agreements to advise them of the CITY'S intent to activate the Agreement(s). Debris 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 CITY). The PROPOSER will be responsible for determining the method and manner of debris removal, reduction and lawful
disposal operations, consistent with the CITY'S Debris Management Plan. Disposal of debris will be at CITY approved Temporary
Debris Sites or landfill sites. The PROPOSER 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, or its agent, will initially send out an Alert to the selected PROPOSER(S). This
Alert will serve to activate the lines of communication between the PROPOSER representatives and the CITY, or its agent.
Subsequently, the CITY, or its agent, will issue the first Task Order which will authorize the PROPOSER 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 PROPOSER to execute the
required Performance and Payment Bond. The PROPOSER 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)
PROPOSER.
Specific task orders will be issued to select PROPOSERS based on the best interest of CITY. The CITY reserves the right to assign work
or task orders to various PROPOSERS based on pricing submitted. The CITY does not guarantee a cradle to grave pricing arrangement
but reserves the right to pick and choose PROPOSERS 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-way as recovery progresses. The CITY, or its agent, will prescribe the specific schedule to be
10 RFP 06-23-01 BI Disaster Debris Removal Services
used after ascertaining the scope and nature of the disaster's impacts. The CITY, or its agent, will make every effort to identify
strategically located Temporary Debris 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 PROPOSER will operate the Temporary Debris Sites and only PROPOSER vehicles and others specifically authorized by the CITY,
or its agent, 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 PROPOSER 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 will be disclosed to selected PROPOSER(S). Additional sites
(privately owned mostly) may become available as plans develop.
The CITY, or its agent, may also establish designated homeowner drop-off sites. The PROPOSER will be responsible for removing all
eligible debris from those sites daily at the direction of the Emergency Management Coordinator or designee.
Scope of Work/Overview
The PROPOSER has overall responsibility to monitor and manage all activities under its control and ensure that they are performed
in an efficient, safe and lawful manner and that all applicable requirements and regulations are complied with. This section is
divided into three (3) subsections:
1.1 Debris Removal and Disposal Operations
From residential public and private streets, roads and right-of-ways and delivered to a Temporary Debris Site.
1.2 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, or its agent.
2.Processing, Loading and Hauling Material from Temporary Debris Site to final destination.
Specific work authorizations by the CITY, or its agent, 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 PROPOSER(s) shall provide written progress report to the CITY, or its
agent, for review and acceptance. The CITY shall have the right to correct for PROPOSER’s default or underperformance by any
means it deems in its best interest.
The PROPOSER 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 and does not restrict an earlier response. Subsequently, the CITY, or its agent, may issue additional Work Orders to define
more precisely the work to be accomplished or to authorize additional work. The PROPOSER 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 PROPOSER is authorized to collect debris during daylight hours, seven (7) days per week. Any deviations from this schedule will
require CITY, or its agent, approval. The PROPOSER must be duly licensed to perform the work in accordance with the State of
Florida statutory requirements. The PROPOSER shall obtain all permits necessary to complete the work.
The PROPOSER shall be responsible for determining what permits are necessary to perform under the Agreement. Copies of all
permits shall be submitted to the CITY Director of Public Works, or its agent, prior to issuance of the first Work Order. The quantity
of work required to complete the Agreement resulted from this RFP is estimated. The actual effort required may be more or less
than the estimated amount shown in the Proposal Form 2 - Price Proposal. Payment will be made at the unit rates proposed. The
output will be verified by the CITY Emergency Management Coordinator in the daily operational report. Should hourly rates be used
to pay for certain equipment then preventative maintenance, not in excess of fifteen (15) minutes in a normal workday, will be paid
at the regular hourly rate. Preventative maintenance or down time resulting from equipment failure, routine maintenance and
fueling that exceeds fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be rounded off to
11 RFP 06-23-01 BI Disaster Debris Removal Services
the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field maintenance to keep
equipment in operating condition without the use of extensive shop equipment. Fueling of equipment will be considered as part of
preventative maintenance.
The PROPOSER shall be responsible for correcting any notices of violations issued as a result of the PROPOSER’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 PROPOSER shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state or
local governments or agencies, or of any public utilities or other private contractor.
The PROPOSER shall provide contact information for all key personnel to the CITY that shall include name, phone number, cellular
phone number and email address. The PROPOSER and its agents shall respond in a timely manner to all CITY inquiries at all times.
4. Debris Removal and Disposal Operations
4.1 General
The purpose of this section is to define the requirements for debris removal and disposal operations after any catastrophic disaster
within Incorporated Winter Springs. The CITY may designate zones for collection and disposal of debris. PROPOSERS will be tasked
with a service area(s) for this specific work. For work performed on a Time 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 equipment
including labor and operator.
4.2 Services
The PROPOSER shall provide equipment, qualified operators and laborers for debris removal operations. The PROPOSER 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 boots), fringe benefits, hand tools,
supervision, transportation, lodging and all other costs.
The work shall consist of clearing and removing disaster generated debris as directed by the CITY Public Works Director.
PROPOSER shall provide collection equipment the day following a natural disaster or as directed by the CITY and shall provide
equipment sufficient to collect a minimum of 500 cubic yards of debris per day within five (5) calendar days of collection
commencement (Past CITY 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 for collection services.
4.2.1 Collection of Storm Generated Residential Vegetation and Construction and Demolition Debris
It is the CITY'S goal to ensure that Vegetation and Construction/Demolition debris remain separate task orders for the collection of
Vegetation and Construction loads. Mixing of loads by the PROPOSER at the road right of way will not be tolerated.
Work may include:
• First pass to clear debris from emergency evacuation routes, access roads to critical facilities and all primary roadways.
• Clearing debris from residential private and public road right of ways.
• Loading the debris.
• Hauling the debris to an approved Temporary Debris Site or an authorized landfill.
• 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.
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4.2.1.1 Hourly Rate Clearing
From 0-70 hours following a disaster PROPOSER, as designated by the CITY, shall provide the clearing services on an hourly rate that
shall include the following:
Clear debris from emergency evacuation routes, access roads to critical facilities, and primary roadways.
Perform emergency removal of debris if needed for life-saving measures.
Conduct daily briefings with debris managers and other officials to update progress and discuss issues.
Develop a traffic control plan along potential haul routes and at debris management and disposal sites.
The PROPOSER shall not move from one designated Collection Service Area to another area without prior approval from the CITY
Public Works Director or designee. PROPOSERS and/or subcontractors that move to a designated Collection Service Area without
prior CITY approval may be terminated immediately. The CITY, or its agent, reserves the right to relocate PROPOSER to other
Collection Service Areas based on need and ability to perform required work at an acceptable level. The CITY reserves the right to
immediately terminate PROPOSER and any subcontractor who fails to provide service in accordance to guidelines set forth by FEMA
and the CITY, or its agent.
The CITY, or its agent, shall forward all claims of damage to the PROPOSER daily. PROPOSER shall provide all contact information,
including name, phone number, cellular phone number, fax number and email address, for personnel responsible for resolving all
claims of damage. PROPOSER must respond to all claims of damage within 24 hours and resolve within ten (10) calendar days.
Mailboxes must be repaired or replaced within five (5) calendar days. PROPOSER is responsible for all damage caused by his crew
and/or subcontractors in the performance of debris removal.
In the event the PROPOSER fails to repair damages as a result of the PROPOSER's equipment failure or negligence within the time
provided within this Agreement, the CITY, or its agent, may arrange for the repairs and assess the PROPOSER for the cost of the
repairs and any applicable administrative charges. Any disputes as to damage responsibility will be presented to the
Emergency Management Coordinator or designee for review. The decision of the Emergency Management Coordinator
or designee will be final.
4.3 Equipment
All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Trucks used to haul
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. Fencing must be permanently attached to one side of the truck bed.
2. After loading, the fencing must be tied to the other side of the 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.
The CITY, or its agent, shall complete certifications indicating the type of vehicle, make and model, license plate number, equipment
number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The
measured volume of each piece of equipment shall be calculated from actual internal physical measurement performed and
certified by the PROPOSER. Maximum volumes may be rounded up to the nearest cubic yard. The reported measured maximum
volume of any load bed shall be the same as shown on the placards affixed to each piece of equipment.
The 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 lower, the lower yardage volume will be retro to
the initial load and total volume 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. If installed, all sideboard extensions must remain in place throughout
the operation, or the vehicle must 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 under this Agreement shall not be used for any other work during
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working hours. The PROPOSER 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 circumstance will the PROPOSER mix debris hauled for others with
debris hauled under this Agreement. Failure to comply will result in no payment to PROPOSER and operator and vehicle will be
declared ineligible to provide any additional emergency debris collection services. Any and all unapproved changes to placard will
result in no payment to PROPOSER and operator and vehicle will be declared ineligible to perform any additional emergency debris
collection services.
4.4 Securing Debris
The PROPOSER shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul 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 secured with a tarp or otherwise covered will not be allowed to dispose at any CITY
approved temporary debris site which may result in non-payment to CONTRACTOR.
4.5 Equipment Signage
Prior to commencing operations, the CITY, or its agent, shall affix to each piece of equipment, signs or markings indicating the Owner
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 maximum volume, in cubic yards, of the load bed shall also be
shown. Each operator shall keep CITY certification with them at all times. Placards must remain on both sides of equipment.
General Considerations
The PROPOSER shall assign and provide an Operations Manager (OM) to the CITY to serve as the principal liaison between the
CITY Director of Public Works Coordinator or designee and the PROPOSER'S forces. The assigned OM must be knowledgeable
of all facets of the PROPOSER'S operations and have CITY in writing to commit the PROPOSER. The OM shall be on call 24 hours per
day, seven (7) days per week and shall have electronic linkage capability for transmitting and receiving relevant contractual
information and make arrangements for onsite accommodations. This linkage shall provide immediate contact via cell phone, Fax
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 OM will report to the CITY Director of Public Works Coordinator or designee. This
position will not require constant presence; rather the OM will be required to be physically capable of responding to the CITY
Emergency Management Coordinator, or its agent, within 30 minutes of notification.
The PROPOSER shall be responsible for control of pedestrian and vehicular traffic in the work area. At a minimum, one flag person
should be posted at each approach to the work area.
The PROPOSER shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the PROPOSER'S
personnel and equipment is the responsibility of the PROPOSER. Additionally, the PROPOSER 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 on the quantity of debris hauled in cubic yards. Debris hauled to 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 a CITY loading site
monitor. The quantity of debris hauled will be estimated in cubic yards at the Temporary Debris Site by a CITY Temporary Debris Site
monitor.
The estimated quantity will be recorded on the electronic or paper load ticket. The CITY Temporary Debris Site monitor will retain
one copy of the paper load ticket and 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 on an approved 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.
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5. Temporary Debris Site Operations
5.1 General
The purpose of this section is to define the requirements for Temporary Debris Site Operations after any catastrophic disaster within
Incorporated Winter Springs.
The PROPOSER shall use only Temporary Debris Sites designated by the CITY Director of Public Works. The Temporary Debris Site
foreman shall direct all dumping operations. Different types of debris shall be kept in separate piles at the Temporary Debris Site.
PROPOSER 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 PROPOSER 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 PROPOSER shall begin removal of
Construction and Demolition/mixed debris from Temporary Debris Site to an approved final destination within twenty (20) days of
site opening date.
5.2 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-up/ preparation/closeout/restoration includes: clearing,
stripping, hauling, fill placement, constructing/deconstructing processing pads, limerock 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 2- Price Proposal.
5.3 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 PROPOSER 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 assembly. PROPOSER shall provide a water truck
for the purpose of applying to site surface to minimize dust. The CITY shall provide a front-load garbage container and collection
service of the container at each Temporary Debris Site. PROPOSER 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 PROPOSER. All pre-storm identified sites shall be opened by the
PROPOSER 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 a Temporary 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.
• 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 if processed by grinding.
• Depending upon the size and type of devastation the CITY may require a separate Construction & Demolition (C&D) staging
area and mixed debris staging area. The CITY 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 Price Proposal Form 2.
Locations of all Temporary Debris Sites will be approved by the CITY. The CITY Public Works Director, or its agent, must approve site
improvements before work begins and any costs, other than those in the Price Proposal Form 2 that might have been negotiated
under a Task Order shall be documented for payment.
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Material processed at a Temporary Debris 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.
5.4 Reporting
The PROPOSER 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:
1. PROPOSER's Name
2. Contract Number
3. Daily and cumulative hours for each piece of equipment, if appropriate
4. Daily and cumulative hours for personnel, by position, if appropriate
5. Volumes of debris handled
Failure to provide audit quality information by 5:00 p.m. of the following day of operation will subject PROPOSER to non-payment in
each instance at the sole discretion of the CITY.
5.5 Other Considerations
The PROPOSER shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the PROPOSER's
personnel and equipment is the responsibility of the PROPOSER. Additionally, the PROPOSER shall pay for all materials, personnel,
taxes, and fees necessary to perform under the terms of this contract.
The PROPOSER 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 PROPOSER equipment or operational failures, PROPOSER shall be liable for liquidated damages in the
amount of $5,000.00 per day for every day the site has to remain closed.
5.6 Processing, Loading and Hauling Material
PROPOSER shall provide all necessary labor, material and equipment to process, load and haul wood chips and construction and/or
mixed debris from 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 Local, State of Florida and Federal guidelines. PROPOSER will provide detailed listing to the CITY of the following:
1. Quantity (loads and cubic yards)
2. Owner information
3. Site where mulch and Construction/Demolition debris is disposed, to include address/GPS location.
Miscellaneous Requirements
• Temporary Debris Site Foreman
The Temporary Debris Site foreman must be an employee of the PROPOSER 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 Debris
Site foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational
report to the CITY Public Works Director or designee.
• Inspection Tower
The PROPOSER shall construct an inspection tower at each Temporary Debris Site within three (3) calendar days of natural disaster.
The tower shall be constructed using pressure treated wood, steel scaffold or scissor lift. The floor elevation of the tower shall be 10-
feet above the existing ground elevation. The floor area shall be a minimum 8' by 8', constructed of 2"x 8" joists, 16" O.C. with 3/4"
plywood supported by a minimum of four 6" x 6" posts. A 4-foot high wall constructed of 2" x 4" studs and ½" plywood shall protect
the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall provide a minimum of 6’1”- 6’11” of
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headroom below the support beams. Steps with a handrail shall provide access to the tower. Inspection towers must provide a dry
area for employees and meet all FEMA and OSHA requirements.
• Grinding Operation
The PROPOSER 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-up 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.
Performance of PROPOSER
It is the intent of this Agreement to ensure that the PROPOSER provides a quality level of services. To this end, all complaints
received by the Public Works Director or designee, and reported to the PROPOSER shall be promptly resolved pursuant to the
provisions of this Agreement.
The Public Works Director or designee may levy administrative charges for the following infractions:
Closure of Temporary Debris Site due to PROPOSER equipment or operational failures liquidated damages of $5,000 per day, for
each day site must remain closed.
Failure to provide back-up grinders within 48 hours of equipment breakdown liquidated damages of $100 per hour per approved
grinding hours of operation per day.
PROPOSER may also be subject to non-payment and liquidated damages of $200 for each of the following infractions:
o Failure to provide audit quality information by 5:00 p.m. of the following day of operation. o Loads not properly secured with a tarp or otherwise covered. o Mixing debris hauled from other sources with debris hauled under this Agreement. o Mixing vegetation debris with C & D material.
PROPOSER may be immediately terminated and not paid for the following:
Collection of any non-eligible, non-CITY approved stumps or debris.
Moving to another designated Collection Service Area without prior CITY approval.
Failure to provide service in accordance to guidelines set forth by FEMA and the CITY.
Soliciting work from private citizens or others to be performed in the designated Collection Service Area during
the period of this Agreement.
Alteration of placards placed on certified trucks and/or trailers.
Any disputes regarding Performance of PROPOSER will be presented to the Emergency Management Coordinator or
designee for review. The Emergency Management Coordinator or designee shall complete review and make a
determination within three (3) calendar days. Decisions of the Emergency Management Coordinator or designee shall be
final.
17 RFP 06-23-01 BI Disaster Debris Removal Services
PART III
PROPOSAL SUBMISSION REQUIREMENTS
1. Proposal Submission Requirements and Format
The CITY must receive all Proposals no later than 2:00 P.M., Eastern Time on the date established in Part I, Section 3 - Procurement
Schedule and Section 4 - Proposal Submission and Withdrawal. PROPOSERS shall submit one (1) original, three (3) photocopied sets,
and one (1) electronic version containing all documents in Adobe PDF electronic format. The complete original and electronic copy
shall be submitted in a separate sealed envelope identifying it as the original document.
The Proposal shall be clearly labeled on the outside with the PROPOSER'S name, address, telephone number, and shall be identified
as follows: RFP 06-23-01 BI Disaster Debris Management Services. Failure 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 8½" by 11" and bound into spiral bound or three-ring binder. Proposal pages shall be numbered.
The minimum font size for all text sections of the Proposal shall be eleven-point (11 pt). Marketing brochures or any other
information not pertaining to this RFP shall not be included in the Proposal.
1.1 Content
The 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 effectively 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. The page shall indicate clearly the name of the PROPOSER submitting the
Proposal and the name, address, phone number, fax number and e-mail 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 1 – 10 as follows:
1.1.3.1 Proposal Form 1 – PROPOSER Information and Acknowledgement
PROPOSER shall submit a completed PROPOSER Information and Acknowledgement Form acknowledging, among other things, that
the PROPOSER has completely reviewed, understands, and agrees to be bound by the requirements of this RFP. The PROPOSER
Information and Acknowledgement Form shall be signed by a representative of the PROPOSER who is empowered to sign it and to
commit the PROPOSER to the obligations contained in the proposal.
1.1.3.2 Proposal Form 2 -Price Proposal
PROPOSER shall submit a completed Proposal Form 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 minimum or maximum amount
of work is being promised. Unit Prices in Part B 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 Part B of the Proposal Form 2- Price Proposal will be incorporated
as appropriate into the Agreement resulting from this RFP.
The cost of the Bond shall be included in the unit rates of the Proposal Form 2 - Price Proposal.
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The CITY reserves the right to request: additional pricing, explanations for any out-of-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 PROPOSER(s).
1.1.3.3 Proposal Form 3 – References
PROPOSER shall provide 3 references where they have performed services similar to those contemplated in this solicitation
1.1.3.4 Proposal Form 4 – Insurance Requirements
PROPOSER shall provide certification that they carry the minimum insurance requirements as defined in this solicitation
1.1.3.5 Proposal Form 5 - Scrutinized Company Certification
Proposer shall certify that it is eligible to bid on this solicitation and is in compliance with the referenced State of Florida statutes
1.1.3.6 Proposal Form 6 - Non-Collusion Affidavit
PROPOSER shall provide a completed Proposal Non-Collusion Affidavit as described in this form
1.1.3.7 Proposal Form 7 - Drug Free Work Place
PROPOSER shall provide a completed Proposal Drug Free Work Place
1.1.3.8 Proposal Form 8 - Non Segregated Facilities
PROPOSER shall certify that it is eligible to bid on this solicitation and is in compliance with the reference Executive Orders and
Department of Labor regulations
1.1.3.9 Proposal Form 9 - E-Verify Statement
PROPOSER shall provide a completed E-Verify Statement
1.1.3.10 Proposal Form 10 – Conflict of Interest Statement
PROPOSER shall provide a completed Conflict of Interest Statement
1.1.3.11 Proposal Form 11 – SMWBE Utilization Plan
PROPOSER shall commit to utilizing SMWBE business for these services whenever possible
1.1.4 Experience and Qualifications Narrative
PROPOSER shall demonstrate the following:
Provide a comprehensive description of all mobilizations performed as a contractor for Disaster Debris Removal Services collecting
and processing a minimum of 50,000 cubic yards of debris collected from public right of ways. PROPOSERS unable to identify one or
more mobilizations meeting the 50,000 cubic yard threshold, per each mobilization, are requested to submit all relevant experience
they have that documents 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 of time 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 of disaster debris services of work performed during mobilization event
•Total value of contract for services performed
•Number of cubic yards of debris collected by PROPOSER from public right of ways during mobilization
•Number of cubic yards of debris handled by PROPOSER at temporary debris reduction sites during mobilization
Name, address and telephone number of customers point of contact for reference purposes.
19 RFP 06-23-01 BI Disaster Debris Removal Services
2. General Operations Plan
PROPOSER shall provide the following:
• 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 how PROPOSER intends to comply with all federal, state and local
guidelines pertaining to mulch disposal. PROPOSER is also requested to submit any agreement(s)
he/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.
• At minimum 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.
• 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.
20 RFP 06-23-01 BI Disaster Debris Removal Services
PART IV
PROPOSAL EVALUATION AND AWARD
1. 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 Part IV - Proposal Evaluation and Award.
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;
• General Operations Plan;
• Price Proposal;
3. Evaluation Method
Selection Committee members will conduct a completeness review of 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 number 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 30%
Price Proposal 40%
TOTAL: 100%
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4. Award
The CITY anticipates award to the PROPOSERS who submit the Proposals judged by the CITY to be the most advantageous. The 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 the 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
negotiation(s) and begin negotiation(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 Mandatory Proposal Form - Price Proposal shall be firm. However, the CITY
reserves the right to negotiate a "best and final" price with the highest ranked PROPOSER(S).
Agreements awarded will be prioritized for activation based on 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 term of five (5) years. The selected PROPOSERS will standby for much of the duration of
the five (5) years and only be called to active duty when a debris generating event occurs. This call to active duty
may be repeated several times within the five (5) year Agreement period depending on the number of separate
debris events that occur.
The PROPOSER understands that this RFP 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 staff,
approved by the appropriate level of CITY within the CITY, and executed by the parties. The CITY anticipates that
the final Agreements/Terms of the agreement will be negotiated and signed after the selection committee has
made the final decision.
22 RFP 06-23-01 BI Disaster Debris Removal Services
PARTV
MANDATORY PROPOSAL FORMS
The following Mandatory Proposal Forms are included:
Proposal Form 1 – Proposer Information and Acknowledgement
Proposal Form 2 – Price Proposal
Proposal Form 3 – References
Proposal Form 4 – Insurance Requirements
Proposal Form 5 – Scrutinized Company Certification
Proposal Form 6 – Non-Collusion Affidavit
Proposal Form 7 – Drug Free Workplace
Proposal Form 8 – Non Segregated Facilities
Proposal Form 9 - E-Verify Statement
Proposal Form 10 –Conflict of Interest Statement
Proposal Form 11 – SMWBE Utilization Plan
Mandatory Proposal Forms
Mandatory forms must be submitted with the Proposal.
Failure to submit forms will disqualify the PROPOSER from the RFP
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 1 - PROPOSER INFORMATION AND ACKNOWLEDGEMENT
The undersigned PROPOSER does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with
the minimum requirements/evaluation criteria shown by the Request for Proposal to be delivered to the specified site for the
price indicated.
IT IS THE PROPOSER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDUMS BEFORE SUBMITTAL
THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT
OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not
submitted, Proposer will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or
Power of Attorney.
PROPOSER NAME:
TAX ID# SNN or EIN:
PROPOSER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A. Acknowledges receipt of:
1. RFP 06-23-01 BI – DISASTER DEBRIS REMOVAL SERVICES
2. Addenda:
Number _________, dated _______________.
Number _________, dated _______________.
B. Has examined the site and all RFP Documents and understands that in submitting this Proposal, they waive all right to
plead any misunderstanding regarding the same.
C. Agrees:
1. To hold this Proposal open for 90 calendar days after the bid opening date.
2. To furnish the goods and/or services specified in this RFP at the prices quoted in my responsive proposal and in
compliance with the RFP Documents.
3. To accept the provisions of the Instructions to Proposers.
4. To negotiate a contract with the City incorporating the proposal prices, if selected on the basis of this Proposal.
5. To accomplish the work in accordance with the contract documents.
D. Certifies:
1. That all information contained in this Proposal is truthful to the best of my knowledge and belief.
2. That I am duly authorized to submit this Proposal on behalf of the vendor/contractor and that the
vendor/contractor is ready, willing, and able to perform if awarded the bid/proposal.
Stipulated Amount – Submit on Cost Proposal Worksheet, Form 2
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 2 - PRICE PROPOSAL
PART A- VOLUME BASED PRICING FOR 100,000 CUBIC YARD (CY) DEBRIS DISASTER
Activity Estimated
Quantity
Unit Price per CY Total
1.0 Public Property and Right of Way Collection, Loading and Hauling to a designated Temporary Debris
Site.
A. Vegetation CY
B. Construction Debris /
Mixed Debris
CY
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 grinding
and/or chipping.
CY
4.0 Loading, hauling and disposing wood
chips to final destination.
(This rate includes disposal cost)
CY
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
shall not include disposal cost). Miles
from TDRS
to final destination - 1 wav.
A. 0 :'.S 20 miles
------
B. > 20 :'.S 50 miles CY
C. > 50 :'.S 80 miles CY
D. > 80 :'.S 110 miles CY
E. > 110 :'.S 200 miles CY
AVERAGE: (Item 5.0 A-E) ------- AVERAGE (Item 5.0 A-E) X 100,000 CY= $
TOTAL PROPOSAL PRICE: (Items 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, equipment maintenance, repairs, repair
parts, fuels, lubricants, cellular phones, transportation, and housing, if required, necessary to
accomplish the project.
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.
RFP 06-23-01 BI Disaster Debris Removal Services
PART B- HOURLY RATES
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE AND DEBRIS CLEARANCE
FOR ACCESS - OPTIONAL USE BY CITY AND OTHER GOVERNMENTAL ENTITIES
I EQUIPMENT AND LABOR RATES I
EQUIPMENT TYPE HOURLY
EQUIPMENT
RATE
HOURLY
LABOR
RATE
TOTAL
HOURLY
RATE
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 3 - REFERENCE INFORMATION
RFP 06-23-01 BI Disaster Debris Removal Services
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Organization:
Contact Person:
Address:
City: State: Zip:
Phone Number: ( )
Project Cost: Date Performed:
Representative Typed
Name/Title:
Representative Signature:
Firm:
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 4 – INSURANCE REQUIREMENTS
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Vendor shall ensure that all subcontractors comply with the same insurance requirements that he/she is required to meet. The
same Vendor shall provide the City with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned firm agrees to obtain, prior to award, if selected, insurance as stated above.
PROPOSER
Authorized Signature
Officer Title
Date
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 5 - SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a PROPOSER is ineligible to, and may not, bid on, submit a Proposal
for, or enter into or renew a contract with the CITY for goods or services of:
a. Any amount if, at the time of bidding on, submitting a Proposal for, or entering into or renewing such contract,
the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is
engaged in a boycott of Israel; or
b. One million dollars or more if, at the time of bidding on, submitting a Proposal for, or entering into or renewing
such contract, the company:
- Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or
- Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with
any scrutinized company referred to above. The PROPOSER must submit this required certification form attesting that it
is not a scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a. The PROPOSER is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
The CITY shall provide notice, in writing, to the PROPOSER of any determination concerning a false certification.
a. The PROPOSER shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the PROPOSER shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error.
c. If the PROPOSER does not demonstrate that the CITY’s determination of false certification was made in error
then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,
Florida Statutes.
RFP 06-23-01 BI Disaster Debris Removal Services
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS
FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The PROPOSER, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The PROPOSER, owners, or principals are eligible to participate in this solicitation and not listed on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the PROPOSER, owners, or principals are eligible to participate in
this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business
operations in Cuba or Syria; and
d. If awarded the Contract, the PROPOSER, owners, or principals will immediately notify the CITY in writing if any of
its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the
Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
(Authorized Signature)
(Printed Name and Title)
(Name of Vendor)
STATE OF ________________________________
COUNTY OF ______________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization,
this ______ day of __________, 2023 by __________________________ the ______________________ of
___________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification
.
_________________________________________________________________
Notary Public
Print Name: ___________________________________
My Commission Expires: _________________________
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 6 - NON-COLLUSION AFFIDAVIT OF PRIME RESPONDENT
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ______________________________ of ___________________________________
Title PROPOSER
The PROPOSER that has submitted the attached Proposal.
(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent
circumstances respecting such Proposal.
(3) Such Proposal is genuine and is not a collusive or sham solicitation.
(4) Neither the said PROPOSER nor any of its officers, partners, owners, agent representatives, employees or parties in
interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other
PROPOSERS, firm or person, to submit a collusive or sham Proposal in connection with the Agreement for which the
attached Proposal has been submitted or to refrain from proposing in connection with such Agreement, or has in any
manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other
PROPOSER, firm or person to fix the price or prices in the attached Proposer or of any other PROPOSER, or to fix any
overhead, profit or cost element of the proposed price or the proposed price of any other PROPOSER, or to secure
through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs,
Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,
conspiracy, or unlawful Agreement on the part of the PROPOSER or any of its agents, representatives, owners,
employees, or parties of interest, including affiant.
(Signed) (Title)
STATE OF _______________________________
COUNTY OF _____________________________
The foregoing instrument was acknowledged before me this ____________________by
_____________________________,
who is (___) personally known to me or (___) who has produced _______________________________ as identification
and who (did / did not) take an oath.
_____________________________________________ (Signature of Notary Public)
_____________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
_____________________________________________ (Commission Number)
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 7 - DRUG FREE WORKPLACE
The undersigned PROPOSER, in accordance with Florida Statute 287.087 hereby certifies that
_______________________________________________________ does:
(Name of PROPOSER)
1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2.Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3.Give each employee engaged in providing the commodities or contractual services that are under contract a
copy of the Drug-Free statement.
4.Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, employee will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community, by any employee who is so convicted.
6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
7.As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 8 - CERTIFICATION OF NON-SEGREGATED FACILITIES
By affixing his signature to this form, the PROPOSER certifies that it does not maintain or provide for its
employees
any segregated facilities at any of its establishments, and that it does not permit its employees to perform
their services at any location, under its control, where segregated facilities are maintained. The
PROPOSER certifies further that it will not maintain or provide for its employees any segregated facilities at
any location under its control where segregated facilities are maintained. The PROPOSER agrees that a
breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from
acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting
rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment
area, transportation and housing facilities provided for employees which are segregated by explicit
directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because
of habit, local custom, or otherwise. The PROPOSER agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it will obtain identical certifications
from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity clause, and that it will retain such certifications in his files.
The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by
Executive
Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and
regulations prescribed by the United States Secretary of Labor are incorporated herein.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
By:_______________________________________________________ Date:_____________________
___________________________________________________________________________________
Print Name Title
Official Address: _____________________________________________________________________
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 9 – E-VERIFY STATEMENT
Bid/Proposal Number: RFP 06-23-01 BI
Project Description: Disaster Debris Removal Services
I/FIRM acknowledges and agrees to the following:
I/FIRM shall utilize the U.S. Department of Homeland Security’s E-Verify system, in
accordance with the terms governing use of the system, to confirm the employment
eligibility of:
1.All persons employed by the PROPOSER during the term of the Contract to perform
employment duties within Florida; and
2.All persons assigned by the PROPOSER to perform work pursuant to the contract
with the Department.
PROPOSER:
__________________________________________________________________
Authorized Signature:
__________________________________________________________
Title:
________________________________________________________________________
Date:
________________________________________________________________________
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 10 - CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Request For Proposal for RFP 06-23-01 BI Disaster Debris Removal Services
This sworn statement is submitted by (PROPOSER) ____________________________________ whose business address
is ____________________________________________ and (if applicable) Federal Employer Identification Number
(FEIN) is _____________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of
your Social Security Number: _________________.)
My name is __________________________ and my relationship to the PROPOSER named above
is_______________________.
1. The above-named PROPOSER is submitting a Proposal for the Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named
PROPOSER has no financial interest in other PROPOSERS submitting Proposals for the same project.
4. Neither the Affiant nor the above- named PROPOSER has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the PROPOSER’s submittal for the above Proposal. This statement restricts the discussion of
pricing
data until the completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the PROPOSER nor its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the PROPOSER nor its affiliates, nor anyone associated with them have any potential conflict of interest
due
to any other clients, contracts, or property interests for this project.
7. I certify that no member of the PROPOSER’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that no member of the PROPOSER’s ownership or management, or staff has a vested interest in any
aspect of
the City of Winter Springs.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
PROPOSER, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ______________________________________
COUNTY OF ____________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 20___, and is personally known to me, or
has provided ______________________ as identification.
____________________________________________ My Commission expires: __________________________
Notary Signature
RFP 06-23-01 BI Disaster Debris Removal Services
PROPOSAL FORM 11 - SMWBE UTILIZATION PLAN
Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization
Company Name (PROPOSER): ________________________________________________________
Project Name : Disaster Debris Removal Services
RFP Number : RFP 06-23-01 BI
CFR §200.321 requires local governments to take all necessary affirmative steps to assure that
minority business, women’s business enterprises, and labor surplus area firms are used when
possible. The CITY requires that PROPOSERS (Prime Contractors), if subcontracts are to be let,
to take the five affirmative steps as cited below. Please describe your firm’s plan for
identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may
be attached, as necessary.
•Placing qualified small and minority business and women’s business enterprises on
solicitation lists.
•Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources.
•Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority business and women’s business
enterprises.
•Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises and
veteran owned businesses.
•Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration or the Florida Office of Supplier Diversity
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
Attachment B