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HomeMy WebLinkAbout2023 09 11 Consent 302 - Award of RFP#06-23-01 BI, Disaster Debris Hauling ServicesCONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | SEPTEMBER 11, 2023 REGULAR MEETING TITLE Award of RFP#06-23-01 BI, Disaster Debris Hauling Services SUMMARY The Disaster Debris Management RFP#06-23-01 BI was competitively bid with the followings rank ordered bids received: 1. Crowder Gulf 2. TFR Enterprises 3. D&J Enterprises 4. Aftermath Disaster Recovery 5. CTC Disaster Response 6. Looks Great Services 7. Phillips & Jordan Environmental 8. A Budget Tree Service The purchasing Department with the help of a committee reviewed all documents. The Committee ranked Crowder Gulf as the primary vendor and TFR Enterprises as the alternative vendor for Disaster Debris Hauling Services for RFP#06-23-01 BI. FUNDING SOURCE Funding Debris Hauling Services would take place in a state of emergency and after activation of the contract from the City Manager and Commission approval. The funding source would be available from the emergency reserves fund. RECOMMENDATION Staff recommends City Commission approve the award of Disaster Debris Hauling RFP#06-23-01 BI to Crowder Gulf and as our alternative award TRF Enterprises subject to the City Manager negotiating and executing a final written contract with each contractor. If a final contract can not be reached with either contractor, the City Commission reserves the right to cease negotiations with the contractor and to award to the next qualified bidder on the bid ranking. Additionally, Staff requests the Commission to authorize the City Manager and City Attorney to prepare and execute any and all contract documents consistent with this agenda item. 74 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 75 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 ........................................................................ 76 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 77 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. 78 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. 79 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. 80 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. 81 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. 82 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 83 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 84 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. 85 12 RFP 06-23-01 BI Disaster Debris Removal Services 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 86 13 RFP 06-23-01 BI Disaster Debris Removal Services 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. 87 14 RFP 06-23-01 BI Disaster Debris Removal Services 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. 88 15 RFP 06-23-01 BI Disaster Debris Removal Services 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 89 16 RFP 06-23-01 BI Disaster Debris Removal Services 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. 90 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. 91 18 RFP 06-23-01 BI Disaster Debris Removal Services 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. 92 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. 93 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% 94 21 RFP 06-23-01 BI Disaster Debris Removal Services 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. 95 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 96 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 97 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. 98 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 99 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: 100 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 101 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. 102 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: _________________________ 103 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) 104 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 105 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: _____________________________________________________________________ 106 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: ________________________________________________________________________ 107 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 108 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 109 Question Response Will an annual contract price increases based on Consumer Price Index (CPI) be allowed? The successful vendor will propose revised pricing for annual increases and the methodology of calculating the increase is up to the vendor. The City will negotiate any proposed increases with the vendor and the intent is to reach mutual agreement. For disposal at a landfill, are landfill tipping fees a passthrough expense? Line items 4 and 5 say different things about including disposal costs. The tipping fees should be included in the Proposal costs submitted for this project. Please note that Line Item 4 is vegetation debris and Line Item 5 is Construction/Mixed debris The city mentioned that the contractor may be immediately terminated and not paid for collection of any non-city approved stumps. Is removal of any hazardous stumps, limbs, or trees to be included in the scope of work? The collection of debris will be done in conjunction with the City or its agent and specific debris collection areas will be defined. The intent of this requirement is to preclude vendor's from taking "side jobs" for private citizens or companies Line Item 2 does not have space to put pricing for it. Are we intended to put pricing for this line item? Yes The contractor will be responsible for the set, operation and clean up of Temporary Debris sites as detailed in the Statement of Work. Another item I need to correct on the template for future use - Sorry When was the last time the City had a contract activation for Debris Removal? How many CYs were removed? Activated in 2022 – I do not have a total CY debris figure, but the amount is dependent on the number and ferocity of the storms and the resulting damage. This is speculative information and this is why we calibrate all responses to a total debris amount of 100,000 CY of which 90% is vegetation and 10% construction/mixed debris Has the city determined which landfill(s) can be used? If so, please provide locations. Temporary locations are still being finalized and all relevant locations will be provided to successful contractors Can the City provide which contractor held the previous or holds the current contract for the services requested in this solicitation with pricing? This is historical information and not relevant to the current solicitation Will there be a public bid opening? Yes, that occurs 15 minutes after Proposal receipt deadline and then Proposals are turned over to the Evaluation Committee Under Miscellaneous Requirements – Grinding, the paragraph states that “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� and the Performance of PROPOSER section states “Failure to provide back-up grinders within 48 hours of equipment breakdown liquidated damages of $100 per hour per approved grinding hours of operations per day.� Can you please clarify which liquidated damages applies to a failure to provide back up equipment within 48 hours as it relates to grinding? The $2,000.00 per hour fine under grinding is to reimburse the City for incremental operational costs the City will incur due to the failure of the vendor to provide the grinding service after a reasonable cure period. The $100.00 per hour is a potential administrative cost fine to offset the costs the City may incur to remediate the failure of vendor. Both costs are intended to encourage the vendor not to have a failure; but if they do, to resolve it in a timely manner The submission instructions on page 17 request proposals to be spiral bound or in 3- ring binders. Is comb binding acceptable?Not preferred, but would not be a reason to reject the proposal Sections 5.2 and 5.3 Mention Proposal Form 3 - Price Proposal, however, we do not see Proposal Form 3- Price Proposal in the bid documents. Please confirm if this is a typo as the price proposal form is Proposal Form 2 – Price Proposal If it does say Form 3, that is a typo. The price proposal is Form 2 Price Proposal Form 2 (a) are we to assume the quantities of 90,000CY vegetation and 10,000CY of mixed debris and 1 for all other line items? (b) are we to price item 5.0A? (c) there are black blocks in the total column for 5A, 5D and 5E, is this a formatting error? (d) Item 5 states "1 wav", is this supposed to read "one way"? (a) Yes, the intent is to calculate your pricing on the ssumption of 100,000CY of debris, 90,000CY vegetation and 10,000CY construction/mixed, the actual amount is disaster dependent and this is why we will contract based on the unit cost details with the vendor, (b) Yes 5A - 5E, (c) this is a formatting error which I have fixed in the template - Sorry, (d) Yes it should read 1 way Line items 5A - 5E are as follows: a. 0:' S 20 miles; b. 2:' S 50 miles; c. 50:' S 80 miles; d. 80:' S 110 miles; 110:" S 200 miles, please confirm these are typos Typo's that should read "a. 0-20 miles; b. >20-50 miles; c. >50-80 miles; d. >80- 110miles; e. >110-200 miles, again I have fixed the template - Sorry RFP # 06-23-01 BI Debris Removal Services - Bidder Questions and Response June 28, 2023 110 Evaluator: Team Tabulation Criteria Max Points Aftermath Disaster Recovery Crowder Gulf D&J Enterprises CTC Disaster Response A Budget Tree Service Phillips & Jordan Environmental Looks Great Services TFR Enterprises Clifton 23 26 #25 25 26 23 23 23 Experience and Qualification Kevin 26 27 28 28 29 27 28 28 Bilal 25 27 26 25 25 25 26 26 Clifton 25 27 25 25 23 25 25 25 General Operation Plan Kevin 25 27 26 26 21 26 26 26 Bilal 24 26 23 23 22 23 24 25 Clifton 26 25 25 24 22 24 22 26 Price Proposal Kevin 27 26 26 25 23 25 23 27 Bilal 36 35 35 35 34 34 36 36 232 233225 242236246 239 40 RFP #06-23-01 BI Name: Disaster Debris Removal Services Date:July 21, 2023 30 30 TOTAL 100 X 3 237 111