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Item 13 Approval to Award Request for Proposals (RFP) #24-009 Emergency-Disaster Debris Removal Term Contract
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 6, 2024 Item #: 13 Contact Name: Joyce Tolbert, Olena Stokych Department Director: Rebecca Roberts Contact Number: Ext. 1516, Ext. 1521 City Manager: Robert Frank Subject: Approval to Award Request for Proposals (RFP) #24-009 Emergency-Disaster Debris Removal Term Contract. (Procurement Manager Tolbert) Background Summary: The City’s current continuing contracts for Emergency-Disaster Debris Removal services will expire on September 4, 2024. However, execution of contracts for this RFP #24-009 will supersede and cause early termination of the current contracts. In compliance with State and Federal Regulations and Chapter 21 of the City’s Code of Ordinances, the City solicited proposals for pre-event emergency-disaster debris removal services from qualified contractors to perform the required services. Each Contractor will be required to enter into a contract with the City along the terms and conditions included in the RFP, including the RFP Exhibits and Federal Requirements, for the initial period of three (3) years with two (2) separate automatic one (1) year renewal terms, the contract may be optionally renewed for an additional two (2) year period at the option of the City after the completion of the renewal terms. This pre-event contract is subject to the provisions of 2 C.F.R. Part 200 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The RFP describes and defines the services which are required for the execution of Natural Disaster-related emergency debris removal from the Federal-Aid Highway segments, State, local, and private roadways, and City maintained waterways within the City of Ocoee and in Orange County, Florida. The Contractor shall provide all services described herein and any other services required to complete the removal of debris during and following emergencies. Activities include, but are not limited to, field operations, debris pickup, debris hauling and removing, debris staging and reduction, temporary debris storage site management and debris management. All debris removal and disposal management services shall be in accordance with all applicable federal and state laws, and environmental regulations. Roads and waterways will be identified by the City and direction given to the Contractor for limits for which the Contractor will be responsible. The City reserves the right to add or delete roadway and waterway segments at the direction of the Public Works Director at no additional cost to the City. The City, at its sole discretion, may elect to perform work with in-house forces or additional contract forces. Proper documentation as required by the Federal Emergency Management Agency (FEMA), or other federal natural disaster response agencies shall be provided for all debris removal operations to ensure reimbursement to the City from the appropriate federal Agency. Contractors shall comply with Federal laws and regulations, including those now in effect and hereafter adopted. The RFP was advertised on June 9, 2024, and was publicly opened on July 9, 2024. There were six (6) responses received. The Finance and Public Works Departments reviewed the proposals and all were considered responsive, see the attached Checklist. Attached are the four (4) short-listed responses; original copies of all responses are available in the Finance Department for your review. The six (6) responses were evaluated by the RFP Evaluation Committee appointed by the City Manager, City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org which was comprised of five (5) members: Steve Krug, P.E., Public Works Director; Douglas Gaines, Support Services Director; Kiel Gajadhar, Assistant Public Works Director; Hseth Burch, MS, EI, CFM, Staff Engineer; Milen Womack, P.E., City Engineer. The public RFP Evaluation Committee meeting was held on July 24, 2024, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. Please see the attached shortlist/evaluation form. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with the top four (4) ranked firms, per attached award recommendation from Steve Krug, P.E., Public Works Director. The table below is the Evaluation Committee’s rankings: Rank/Respondent 1. Ceres Environmental Services, Inc. 2. DRC Emergency Services, LLC 3. T.F.R. Enterprises, Inc. 4. Crowder-Gulf Joint Venture, Inc. 5. Looks Great Services of MS, Inc. 6. CTC Disaster Response, Inc. Issue: Should the Honorable Mayor and City Commissioners award the term contracts for RFP #24-009 Emergency- Disaster Debris Removal Services to the top four (4) ranked firms, as recommended by the Evaluation Committee? Recommendations: Staff recommends the Honorable Mayor and City Commissioners: 1.) Award term contracts for RFP #24-009 Emergency-Disaster Debris Removal Services to Ceres Environmental Services, Inc., DRC Emergency Services, LLC, T.F.R. Enterprises, Inc. and Crowder- Gulf Joint Venture, Inc.; 2.) Authorize the Mayor, City Clerk, and staff to execute all necessary contract documents with these four (4) firms once the required insurance is received; 3.) Staff also recommends to authorize the City Manager to approve change orders to these contracts up to the limit of his purchasing authority for each change order, and up to the budgeted amount should these contracts be activated. Attachments: 1. Award Recommendation RFP #24-009 Emergency-Disaster Debris Removal 2. RFP #24-009 Shortlist and Evaluation Forms 3. RFP #24-009 Emergency-Disaster Debris Removal - Checklist 4. Ceres Environmental Services, Inc. Response - Redacted 5. DRC Emergency Services, LLC Response - Redacted 6. T.F.R. Enterprises, Inc., Response - Redacted 7. Crowder-Gulf Joint Venture, Inc. Response - Redacted 8. RFP #24-009 Addendum #1- Emergency-Disaster Debris Removal 9. RFP #24-009 Emergency-Disaster Debris Removal Term Contract - Project Manual City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: This is a pre-event contract that would only be activated upon a disaster or emergency. Type of Item: Consent RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT SHORTLIST FOR INTERVIEWS Respondent Ceres Environmental Services, Inc. Crowder-Gulf Joint Venture, Inc. CTC Disaster Response, Inc. DRC Emergency Services, LLC Looks Great Services of MS, Inc. T.F.R. Enterprises, Inc. Evaluator 1 1 4 6 2 3 5 Evaluator 2 1 3 6 5 2 4 Evaluator 3 1 5 6 3 4 2 Evaluator 4 4 2 6 1 5 3 Evaluator 5 4 2 6 3 5 1 TOTAL 11 16 30 14 19 15 RANKING 1 4 6 2 5 3 Note: Lowest Total is Top Ranking RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT CHECKLIST/TABULATION 07/09/2024 2:00 P.M. PROPOSER Acknowledge Addendum No. 1 Exceptions Bid Security $25,000.00 Company Verification Surety Company Letter of Intent Price proposal Form Included a copy of Certification M/WBE or Labor surplus area firm Summary of Litigation Subcontractor Listing Equipment Listing References/Experience Drug-Free Workplace Form Contractor E-Verify Affidavit SAM.gov Registration Information Byrd Anti-Lobbying Amendment Certification Sworn Statement on Public Entity Crimes Form Certification of Nondiscriminatory Labor Practices Non-Segregated Facilities Form Scrutinized Companies' Lists Form Conflict of Interest Disclosure Form Company Information/Signature Sheet DESCRIPTION EST'D QTY. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Phase I – collection, hauling to staging site, reduction Loading and Hauling Debris to a TDSR (Price to includes MOT)360 $10.99 $3,956.40 $9.00 $3,240.00 $7.95 $2,862.00 $11.98 $4,312.80 $8.95 $3,222.00 $6.95 $2,502.00 Reduction by Grinding at the TDSR 500 $2.78 $1,390.00 $3.00 $1,500.00 $3.55 $1,775.00 $3.12 $1,560.00 $3.65 $1,825.00 $3.75 $1,875.00 Reduction by Incineration at the TDSR 300 $2.78 $834.00 $2.00 $600.00 $2.80 $840.00 $1.22 $366.00 $2.35 $705.00 $3.00 $900.00 Stumps 24” - 48” Diameter stump removal (Price includes extraction, transport, disposal, and filling of root-ball hole)10 $125.00 $1,250.00 $230.00 $2,300.00 $195.00 $1,950.00 $190.00 $1,900.00 $375.00 $3,750.00 $425.00 $4,250.00 > 48” Diameter stump removal (Price includes extraction, transport, disposal, and filling of root-ball hole)5 $200.00 $1,000.00 $360.00 $1,800.00 $295.00 $1,475.00 $325.00 $1,625.00 $500.00 $2,500.00 $565.00 $2,825.00 (pricing notes provided) None received exceptions email stating none 07.12.24 None Requested contract revisions will be considered by the City None None Ceres Environmental Services, Inc. Crowder-Gulf Joint Venture, Inc. CTC Disaster Response, Inc. DRC Emergency Services, LLC Looks Great Services of MS, Inc.T.F.R. Enterprises, Inc. *received 07.11.24 Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond *received 07.11.24 Subcontractor Subcontractor N/A N/A Respondent Subcontractor 1 RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT CHECKLIST/TABULATION 07/09/2024 2:00 P.M. Sweeping Curb and Gutter 16 $95.00 $1,520.00 $75.00 $1,200.00 $90.00 $1,440.00 $85.00 $1,360.00 $225.00 $3,600.00 $175.00 $2,800.00 Vacuum Inlets 12 $125.00 $1,500.00 $215.00 $2,580.00 $225.00 $2,700.00 $100.00 $1,200.00 $225.00 $2,700.00 $225.00 $2,700.00 Removal of Hanging Limbs (> 2” @ break)100 $50.00 $5,000.00 $150.00 $15,000.00 $98.00 $9,800.00 $74.00 $7,400.00 $38.00 $3,800.00 $110.00 $11,000.00 Tree Removal Damaged or leaning Trees with less than fifty (50) percent of their root-ball exposed (Flush cut to ground level.): 6" to <12" @ 4.5' measured above ground level 10 $10.00 $100.00 $250.00 $2,500.00 $98.00 $980.00 $70.00 $700.00 $90.00 $900.00 $150.00 $1,500.00 12" to <18" @ 4.5' measured above ground level 5 $75.00 $375.00 $350.00 $1,750.00 $190.00 $950.00 $170.00 $850.00 $155.00 $775.00 $200.00 $1,000.00 18" to 24" @ 4.5' measured above ground level 5 $100.00 $500.00 $500.00 $2,500.00 $350.00 $1,750.00 $260.00 $1,300.00 $245.00 $1,225.00 $250.00 $1,250.00 >24" @ 4.5' measured above ground level 5 $150.00 $750.00 $650.00 $3,250.00 $600.00 $3,000.00 $320.00 $1,600.00 $470.00 $2,350.00 $695.00 $3,475.00 Damaged or leaning Trees with greater than fifty (50) percent of their root-ball exposed. (Price includes tree and root-ball removal, and filling of the root-ball hole): 6" to <12" @ 4.5' measured above ground level 10 $15.00 $150.00 $350.00 $3,500.00 $98.00 $980.00 $110.00 $1,100.00 $185.00 $1,850.00 $150.00 $1,500.00 12" to <18" @ 4.5' measured above ground level 5 $85.00 $425.00 $450.00 $2,250.00 $190.00 $950.00 $250.00 $1,250.00 $265.00 $1,325.00 $200.00 $1,000.00 18" to 24" @ 4.5' measured above ground level 5 $110.00 $550.00 $600.00 $3,000.00 $350.00 $1,750.00 $350.00 $1,750.00 $415.00 $2,075.00 $250.00 $1,250.00 >24" @ 4.5' measured above ground level 5 $175.00 $875.00 $800.00 $4,000.00 $600.00 $3,000.00 $400.00 $2,000.00 $785.00 $3,925.00 $695.00 $3,475.00 Loading and Hauling C&D Debris 270 $10.98 $2,964.60 $9.00 $2,430.00 $7.95 $2,146.50 $13.34 $3,601.80 $8.55 $2,308.50 $7.50 $2,025.00 White Goods and Hazardous Household Waste Disposal 20 $20.00 $400.00 $40.00 $800.00 $30.00 $600.00 $40.00 $800.00 $45.00 $900.00 $30.00 $600.00 Freon recovery 10 $30.00 $300.00 $35.00 $350.00 $30.00 $300.00 $25.00 $250.00 $25.00 $250.00 $45.00 $450.00 Phase II – loading of reduced material, final disposal Loading and Hauling Reductions to a Final Disposition Site 360 $3.98 $1,432.80 $4.00 $1,440.00 $4.50 $1,620.00 $2.84 $1,022.40 $5.50 $1,980.00 $4.75 $1,710.00 TOTAL $25,272.80 $55,990.00 $40,868.50 $35,948.00 $41,965.50 $48,087.00 *Missing forms considered a minor irregularity Respondents listed in alphabetical order Please Note: Highlighted amounts are price discrepancies that have been corrected. 2 JOINT WRITTEN ACTION OF THE BOARD OF DIRECTORS AND SHAREHOLDERS OF CERES ENVIRONMENTAL SERVICES, INC. The undersigned, being the sole member of the Board of Directors and the sole shareholder of Ceres Environmental Services, Inc., a Florida corporation (the "Corporation"), does hereby adopt the following resolution in writing pursuant to Florida Statutes effective as of the 13th day of October 2021: WHEREAS, the Corporation desires to prepare and execute contract documents including but not limited to addendums, change orders, notices to proceed and task orders, and the Corporation desires to grant the authority to the Corporate Secretary, Tia Laurie, to sign and execute such contractual documents on behalf of the Corporation, NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, BE IT: RESOLVED, that Ceres Environmental Services, Inc. grants Tia Laurie, Corporate Secretary, the authority to sign and bind the Corporation in matters related to the execution of contractual documents. IN WITNESS WHEREOF, the undersigned Board of Directors and Shareholders have set their hands effective as of the day first written above. ____________________________________ David A. McIntyre President and Sole Director/Shareholder City of North Port DEPARTMENT OF PUBLIC WORKS Office: 941.240.8050 Fax: 941.240.8063 MEMORANDUM TO: Mike Beavers Karl Dix FROM: Frank Lama, Solid Waste Manager SUBJECT: Hurricane IAN Cleanup Recommendation Letter DATE: April 21, 2023 Dear Mr. Beevers, It is my pleasure to recommend Ceres Environmental Services, Inc. for their exceptional work in the City of North Port in the aftermath of Hurricane Ian. North Port was among the hardest‐hit areas of Florida experiencing significant flooding and strong sustained winds for hours. The hurricane produced millions of cubic yards of vegetative and C&D debris. Your team at Ceres made the completion of this complex, large‐scale debris removal project seem easy. Ultimately, your team collected, hauled, processed, and disposed of over 2.4 million cubic yards of debris, which enabled a faster than anticipated restoration of the North Port community. At the project’s peak, 47,000 cubic yards of debris was hauled in a single day. The City especially appreciated that Ceres owned all the reduction equipment mobilized to quickly reduce the incredible amounts of debris. This helped reduce the overall processing times and propel the project forward ahead of other jurisdictions in the area. Due to the quick response and the expedited project, the City was able to maximize FEMA reimbursement with the increased federal cost share granted by FEMA. Ceres was also able to help us return an essential aspect of our economy back to normal. As you know, each year between February and March, tens of thousands of avid baseball fans visit North Port during MLB spring training to enjoy the weather and watch the Atlanta Braves play. Spring Training is a key economic driver for the City. Each year , Spring Training pumps millions of dollars into our City. Ceres set an ambitious goal to complete the debris cleanup process before the start of spring training, and I'm proud to say that this goal was successfully achieved. I highl y rec ommend Ceres Environmental Services, Inc. for any f uture disaster debris management projects. They are a reliable and professional company that exceeded our expectations during our disaster response efforts. Please, feel free to show this letter to potential clients. I would be happy to answer any questions or supply additional information. MBE or Small or Women’s or Labor Surplus Area Firm Certificates May 2, 2024 Jenifer George Cole Field Services LLC 601 Shearer Rd Bulverde, TX 78163 Dear Jenifer George: We are pleased to inform you that your application for certification in our Disadvantaged Business Enterprise Program has been approved with the South Central Texas Regional Certification Agency (SCTRCA) and with the State of Texas Unified Certification Program (TUCP). In accordance with U.S. Department of Transportation (USDOT) DBE certification eligibility requirements promulgated at 49 CFR. Part 26 and/or Part 23 and is currently certified as a: Disadvantaged Business Enterprise (DBE) Certification Number: 5240569 Certification Anniversary: May 31, 2025 Providing the following products or services: NAICS 484220: DUMP TRUCKING (E.G., GRAVEL, SAND, TOP-SOIL) NAICS 484220: GRAVEL HAULING, LOCAL NAICS 484220: SAND HAULING, LOCAL NAICS 484220: TOP-SOIL HAULING, LOCAL This certification shall remain valid, unless and until it has been removed in accordance with procedures set fourth in 49 CFR §26.87. In order to remain certified, it is your obligation to submit an Annual Update and Affidavit (“No Change Affidavit”) annually on or before the anniversary of your DBE certification. A No Change Affidavit is a sworn affidavit affirming that there have been no changes in the firm’s circumstances affecting its size, disadvantage status, ownership or the control requirements of the regulation, or any material change in the information provided in its application for DBE certification, including the support documentation. Please note that the SCTRCA reserves the right to request any other documentation that may be necessary to make a certification determination. Please notify this office within thirty (30) days of any changes affecting the size, ownership, control requirements, or any material change in the information provided in the submission of the certification application. Failure to provide these changes could result in your firm being removed from the certified vendor database. The SCTRCA and/or the TUCP reserve the right to re-evaluate a firm’s certification status at anytime that they determine such re-evaluation is warranted. Thank you for your participation in the SCTRCA DBE Certification Program. Sincerely, Sheena Thomas Executive Director 3 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company DRC EMERGENCY SERVICES, LLC Filing Information M05000003946 63-1283729 07/18/2005 AL ACTIVE LC AMENDMENT 09/29/2015 NONE Principal Address 6702 BROADWAY STREET Galveston, TX 77554 Changed: 11/13/2018 Mailing Address 111 Veterans Memorial Blvd Suite 401 METAIRIE, LA 70005 Changed: 04/23/2024 Registered Agent Name & Address COGENCY GLOBAL INC. 115 North Calhoun Street Suite 4 Tallahassee, FL 32301 Name Changed: 10/29/2013 Address Changed: 04/16/2019 Authorized Person(s) Detail D C 4 Name & Address Title Manager, VP Sullivan, William 6702 BROADWAY STREET Galveston, TX 77554 Title VP, Secretary, Treasurer Fuentes, Kristy 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, President Sullivan, John R. 6702 BROADWAY STREET Galveston, TX 77554 Title Manager, VP Sullivan, Todd 6702 BROADWAY STREET Galveston, TX 77554 Annual Reports Report Year Filed Date 2022 04/28/2022 2023 04/20/2023 2024 04/23/2024 Document Images 04/23/2024 -- ANNUAL REPORT View image in PDF format 04/20/2023 -- ANNUAL REPORT View image in PDF format 06/10/2022 -- AMENDED ANNUAL REPORT View image in PDF format 04/28/2022 -- ANNUAL REPORT View image in PDF format 04/27/2021 -- ANNUAL REPORT View image in PDF format 04/09/2020 -- ANNUAL REPORT View image in PDF format 04/16/2019 -- ANNUAL REPORT View image in PDF format 04/18/2018 -- ANNUAL REPORT View image in PDF format 04/14/2017 -- ANNUAL REPORT View image in PDF format 04/28/2016 -- AMENDED ANNUAL REPORT View image in PDF format 04/25/2016 -- ANNUAL REPORT View image in PDF format 04/29/2015 -- ANNUAL REPORT View image in PDF format 12/03/2014 -- LC Amendment View image in PDF format5 06/10/2014 -- AMENDED ANNUAL REPORT View image in PDF format 01/13/2014 -- ANNUAL REPORT View image in PDF format 10/29/2013 -- Reg. Agent Change View image in PDF format 01/21/2013 -- ANNUAL REPORT View image in PDF format 04/11/2012 -- ANNUAL REPORT View image in PDF format 03/15/2011 -- ANNUAL REPORT View image in PDF format 10/15/2010 -- REINSTATEMENT View image in PDF format 03/27/2009 -- ANNUAL REPORT View image in PDF format 03/13/2008 -- ANNUAL REPORT View image in PDF format 04/02/2007 -- ANNUAL REPORT View image in PDF format 08/03/2006 -- ANNUAL REPORT View image in PDF format 03/16/2006 -- ANNUAL REPORT View image in PDF format 07/18/2005 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations 6 500 South Australian Avenue • Suite 600 • West Palm Beach, FL 33401 • (888) 721-4372 • Fax: (504) 482-2852 www.drcusa.com July 9, 2024 City of Ocoee 150 N Lakeshore Drive Ocoee, FL 34761 Re: Emergency-Disaster Debris Removal Term Contract RFP No. 24-009 Dear Sir or Madam, DRC Emergency Services, LLC, is grateful for the opportunity to present our proposal to provide Emergency Disaster Debris Removal Services for the City of Ocoee City, as outlined in the referenced RFP. In the event of an incident in the City of Ocoee City, DRC pledges to deploy all necessary manpower and equipment to ensure project requirements are met. We have local Florida subcontractors and are committed to engaging local City of Ocoee City subcontractors. Upon award, DRC will conduct a subcontractor outreach program in the City to identify local subcontractors. DRC has seen firsthand how the City of Ocoee City and the surrounding areas were impacted by natural disasters in the past; as such, DRC can now more accurately predict project debris volumes, storage acreage needed, equipment, and manpower needed for the project in the face of an impending disaster. During this time, working relationships and partnerships have been established with local business owners, such as subcontractors and DMS landowners. Additionally, DRC has worked closely with the Florida Department of Emergency Management and the Florida Department of Environmental Quality. These proven relationships have grown over the years, giving DRC the unique ability to respond immediately and efficiently to disaster events affecting the City of Ocoee City and surrounding areas. With DRC’s team having over 50 years of experience, DRC has a proven track record in disaster recovery and emergency management services for federal, state, and local governments. Acquired by the Sullivan brothers from Galveston, Texas, in 2016, DRC joined the Sullivan Family of Companies, which includes Sullivan Land Services, SLSCO, Forgen, and Callan Marine Services. Our comprehensive services encompass emergency debris removal, disaster management (including temporary housing and workforce support), FEMA documentation, debris management, right-of-way maintenance, marine debris salvage, vehicle and vessel removal, technical assistance, project management, construction, demolition, and final disposal management. Employing over 80 full-time staff, DRC has access to over 900 employees through our family of companies, making us a trusted partner for towns, cities, and jurisdictions nationwide in disaster recovery services. Florida Experience 2023 HURRICANE IDALIA DRC was activated in 10 jurisdictions, managed 4 DMS sites, and removed and disposed of over 37,000 cubic yards of debris. 2022 HURRICANE IAN DRC was activated in 16 jurisdictions, managed 24 DMS sites, and removed and disposed of over 4,900,000 cubic yards of debris. 2018 HURRICANE MICHAEL DRC was active in 9 jurisdictions, managed 27 debris management sites and removed approximately 5,702,004 cubic yards of debris. 7 1 ACTION IN LIEU OF A MEETING OF THE MEMBERS OF DRC EMERGENCY SERVICES, LLC This action is taken in accordance with the Alabama Limited Liability Company Act, as amended (the “Act”), in lieu of a meeting of the Members of DRC EMERGENCY SERVICES, LLC, an Alabama limited liability company (the “Company”), and is made effective as of January 1, 2018. WHEREAS, Section 9.01 of the Company’s Third Amended and Restated Operating Agreement dated January 1, 2018 (as amended, the “LLC Agreement”) and the Act permit the Members of the Company to take the following actions; and WHEREAS, the undersigned, constitutes the Members of the Company (the “Members”). NOW, THEREFORE, the undersigned hereby make the following resolutions and consents to the following actions in lieu of a meeting of the Members of the Company: 1. The following persons, in their respective capacities indicated below, are hereby authorized and empowered for the express purpose of signing all contracts, agreements, bid documents, filings and other documents necessary for execution between Company and any third-party in the ordinary course of the Company’s business, subject to any restrictions of limitations on authority as set forth in the Company’s governing documents: Name Office/Capacity John R. Sullivan President Todd P. Sullivan Vice President William W. Sullivan Vice President and Secretary Kristy Fuentes Vice President of Administration and Compliance, Secretary and Treasurer 2. The officers listed above after giving effect to this written consent are hereby authorized and directed on behalf of the Company to execute and deliver such agreements and instruments, make such filings and give such notices, and take any and all such other actions, and to do or cause to be done, such acts as such officers may deem necessary or advisable to accomplish or otherwise implement the purposes of the foregoing resolutions or to cause the Company to perform its obligations under any of the foregoing, until his or her successor is duly elected and qualified, his or her resignation, his or her removal from office by the Members of his or her death. 3. All actions taken by any officer of the Company in connection with any of the transactions contemplated by these resolutions are hereby authorized, approved, ratified and confirmed in all respects. 4. This written consent may be executed in counterparts, and all so executed shall constitute one action notwithstanding that all of the undersigned are not signatories to the original or to the same 9 2 Signature Page to Action in Lieu of Meeting counterpart. This written consent shall be filed with the minutes of the proceedings of the Members of the Company. Dated effective as of the date first written above. DRC EMERGENCY SERVICES, LLC ___________________________________ By: John R. Sullivan Its: Member ___________________________________ By: Todd P. Sullivan Its: Member ___________________________________ By: William W. Sullivan Its: Member 10 RFP #24-009 Emergency-Disaster Debris Removal 43 EXHIBIT “C” (page 1 of 2) PROPOSAL FORM FOR RFP #24-009 CITY OF OCOEE EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT Estimated Unit Description Unit Quantity* Price** Total Phase I – collection, hauling to staging site, reduction Loading and Hauling Debris to a TDSR Cubic Yard 360 _______ _____________ (Price to include MOT) Reduction by Grinding at the TDSR Cubic Yard 500 _______ _____________ Reduction by Incineration at the TDSR Cubic Yard 300 _______ _____________ Stumps 24” - 48” Diameter stump removal Each 10 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) > 48” Diameter stump removal Each 5 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) Sweeping Curb and Gutter Hour 16 _______ _____________ Vacuum Inlets Hour 12 _______ _____________ Removal of Hanging Limbs (> 2” @ break) Each 100 _______ _____________ Tree Removal Damaged or leaning Trees with less than fifty (50) percent of their root-ball exposed (Flush cut to ground level.) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Damaged or leaning Trees with greater than fifty (50) percent of their root-ball exposed. (Price includes tree and root-ball removal, and filling of the root-ball hole) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level $ 1.22 $ 366.00 $ 325.00 $ 1,625.00 $ 190.00 $ 1,900.00 $ 3.12 $ 1,560.00 $ 11.98 $ 4,312.80 $ 1,360.00$ 85.00 $ 100.00 $ 1,200.00 $ 7,400.00$ 74.00 $ 1,300.00 $ 320.00 $ 1,600.00 $ 70.00 $ 700.00 $ 170.00 $ 850.00 $ 260.00 $ 110.00 $ 1,100.00 58 RFP #24-009 Emergency-Disaster Debris Removal 44 EXHIBIT “C” (page 2 of 2) 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Loading and Hauling C&D Debris Cubic Yard 270 _______ _____________ White Goods and Hazardous Household Each 20 _______ _____________ Waste Disposal Freon Recovery Unit 10 _______ _____________ Phase II – loading of reduced material, final disposal Loading and Hauling Reductions Cubic Yard 360 _______ _____________ to a Final Disposition Site Disposal/Tipping Fees will be reimbursed at actual cost; do not include in prices. TOTAL PRICE _____________ * Estimated quantities will only be used for evaluating proposals. Quantities are not intended to be an estimate of the actual quantities expected for this work. Payment will be made based on actual units of work performed, as approved by Engineer. ** If a pay item is left blank or N/A is used, the proposal may be declared irregular and the City may reject the proposal. Prospective Respondents are hereby advised that the final price list negotiated between the parties may include additional details, bid items, clarifications, and other information that refine the prices offered in the original proposal. The Bid Form has been structured to allow the comparison of prices among multiple proposals as part of an overall award recommendation process. The actual price list incorporated into the executed contract may differ and may be amended over time by the parties, as needs may dictate, and will not include estimated quantities. Proposer: ____________________________________________ $ 250.00 $ 1,250.00 $ 13.34 $ 3,601.80 $ 40.00 $ 800.00 $ 25.00 $ 250.00 $ 2.84 $ 1,022.40 $ 35,948.00 DRC Emergency Services, LLC $ 350.00 $ 1,750.00 $ 400.00 $ 2,000.00 59 Drew Kratzer Associate Account Executive Travelers Bond 4650 Westway Park Blvd Houston, TX 77041 (281) 606-8406 DKratzer@Travelers.com June 20, 2024 City of Ocoee 1 North Bluford Avenue Ocoee, FL 34761 Re: DRC Emergency Services, LLC Project: RFP #24-009 Emergency-Disaster Debris Removal Term Contract Sincerely. Andrew P. Kratzer, Jr., Associate Account Executive 65 68 DRC EMERGENCY SERVICES, LLC Unique Entity ID KLQXF6DU7EZ6 CAGE / NCAGE 4A7V9 Purpose of Registration All Awards Registration Status Active Registration Expiration Date Apr 4, 2025 Physical Address 111 Veterans Memorial BLVD STE 401 Metairie, Louisiana 70005-3056 United States Mailing Address 111 Veterans Memorial BLVD Suite 401 Metairie, Louisiana 70005 United States Business Information Doing Business as (blank) Division Name (blank) Division Number (blank) Congressional District Louisiana 01 State / Country of Incorporation Alabama / United States URL (blank) Registration Dates Activation Date Apr 15, 2024 Submission Date Apr 4, 2024 Initial Registration Date Feb 2, 2006 Entity Dates Entity Start Date Sep 1, 2005 Fiscal Year End Close Date Dec 31 Immediate Owner CAGE (blank) Legal Business Name (blank) Highest Level Owner CAGE (blank) Legal Business Name (blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected Last updated by Lisa Walsh on Apr 04, 2024 at 02:52 PM DRC EMERGENCY SERVICES, LLC Apr 15, 2024 06:03:34 PM GMT https://sam.gov/entity/KLQXF6DU7EZ6/coreData?status=null Page 1 of 4 69 Exclusion Summary Active Exclusions Records? No SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Entity Types Business Types Entity Structure Other Entity Type Business or Organization Organization Factors Limited Liability Company Profit Structure For Profit Organization Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Yes Debt Subject To Offset No EFT Indicator 0000 CAGE Code 4A7V9 Electronic Funds Transfer Account Type Checking Routing Number *******79 Lock Box Number (blank) Financial Institution TEXAS CAPITAL BANK Account Number *******20 Automated Clearing House Phone (U.S.) 5044822848 Email lgarcia@drcusa.com Phone (non-U.S.) (blank) Fax 5044822852 Remittance Address DRC EMERGENCY SERVICES, LLC 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Taxpayer Information EIN *****3729 Type of Tax Applicable Federal Tax Taxpayer Name DRC EMERGENCY SERVICES LLC Tax Year (Most Recent Tax Year) 2007 Name/Title of Individual Executing Consent Vice President TIN Consent Date Apr 4, 2024 Address 6702 Broadway ST Galveston, Texas 77554 Signature Kristy Fuentes Points of Contact Accounts Receivable POC Kristy Fuentes Kfuentes@drcusa.com 5044822848 Last updated by Lisa Walsh on Apr 04, 2024 at 02:52 PM DRC EMERGENCY SERVICES, LLC Apr 15, 2024 06:03:34 PM GMT https://sam.gov/entity/KLQXF6DU7EZ6/coreData?status=null Page 2 of 4 70 Electronic Business Kristy Fuentes, Vice President kfuentes@drucsa.com 5044822848 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Kristy Fuentes, Vice President kfuentes@drcusa.com 5044822848 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Government Business John Sullivan jsullivan@sullivaninterests.com 5044822848 6702 Broadway Street Galveston, Texas 77552 United States Kristy Fuentes kfuentes@drcusa.com 5044822848 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Past Performance Kristy Fuentes kfuentes@drcusa.com 5044822848 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Lisa Walsh, Contracts Manager lgarcia@drcusa.com 5044822848 111 Veterans Memorial BLVD. Suite 401 Metairie, Louisiana 70005 United States Service Classifications NAICS Codes Primary Yes NAICS Codes 562119 NAICS Title Other Waste Collection 113310 Logging 115310 Support Activities For Forestry 236220 Commercial And Institutional Building Construction 237990 Other Heavy And Civil Engineering Construction 238160 Roofing Contractors 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors 321991 Manufactured Home (Mobile Home) Manufacturing 483111 Deep Sea Freight Transportation 483211 Inland Water Freight Transportation 531120 Lessors Of Nonresidential Buildings (Except Miniwarehouses) 561612 Security Guards And Patrol Services 562910 Remediation Services 624230 Emergency And Other Relief Services Size Metrics IGT Size Metrics Annual Revenue (from all IGTs) (blank) Last updated by Lisa Walsh on Apr 04, 2024 at 02:52 PM DRC EMERGENCY SERVICES, LLC Apr 15, 2024 06:03:34 PM GMT https://sam.gov/entity/KLQXF6DU7EZ6/coreData?status=null Page 3 of 4 71 Worldwide Annual Receipts (in accordance with 13 CFR 121) $365,780,455.00 Number of Employees (in accordance with 13 CFR 121) 58 Location Annual Receipts (in accordance with 13 CFR 121) (blank) Number of Employees (in accordance with 13 CFR 121) (blank) Industry-Specific Barrels Capacity (blank) Megawatt Hours (blank) Total Assets (blank) Electronic Data Interchange (EDI) Information This entity did not enter the EDI information Disaster Response Yes, this entity appears in the disaster response registry. Yes, this entity require bonding to bid on contracts. Bonding Levels Dollars Service Per Contract $100,000,000.00 Construction Per Contract $100,000,000.00 States Any Counties (blank) Metropolitan Statistical Areas (blank) Last updated by Lisa Walsh on Apr 04, 2024 at 02:52 PM DRC EMERGENCY SERVICES, LLC Apr 15, 2024 06:03:34 PM GMT https://sam.gov/entity/KLQXF6DU7EZ6/coreData?status=null Page 4 of 4 72 RFP #24-009 Emergency-Disaster Debris Removal 93 EXHIBIT “I” SAM.GOV REGISTRATION INFORMATION In accordance with applicable federal requirements, the City of Ocoee will verify all bidders on SAM.gov (System for Award Management) for federal debarment or suspension exclusions as a responsibility determination. The City of Ocoee requires the successful Bidder to register with Sam.gov, if not already registered, prior to execution of this contract. Contractor: ______________________________________________________________ Unique Entity ID (UEI) number: __________________________________________ CAGE Code: __________________________________________________________ Physical Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ Expiration date of Registration: ___________________________ DRC Emergency Services, LLC KLQXF6DU7EZ6 111 Veterans Memorial Blvd., Suite 401, Metairie, LA 70005 4A7V9 April 4, 2025 73 RFP #24-009 Emergency-Disaster Debris Removal 95 EXHIBIT “K” SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by (Entity) by , (Print individual's Name & Title) whose business address is 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies). DRC Emergency Services, LLC Kristy Fuentes, Vice President, Secretary, Treasurer 111 Veterans Memorial Blvd., Suite 401, Metairie, LA 70005 75 RFP #24-009 Emergency-Disaster Debris Removal 23 24. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Proposer in the past five (5) years that is related to the services that the Proposer provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 25. ACKNOWLEDGMENT OF ADDENDA: Proposer acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ 26. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) The Proposer certifies that the Proposer has investigated each subcontractor/temporary worker agency listed and has received and has in the Proposer’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee’s approval before any work shall commence by the additional subcontractor on this project. 27. EQUIPMENT LISTING: Please see attached Litigation Summary in Section 4: Required Forms. 1 7/1/2024 Lil Mo Marine Services FEIN: 81-5385923 FEIN: 81-1214867 Hunter Fuzzell, 205-637-6949, hfuzzell@rpfes.net RPF Emergency Services, 520 Mineral Trace, Unit C, Hoover, AL 35244 Wayne Bauer, 1131 SE 18th Street, Cape Coral, FL 33990, 305-546-1027 80 RFP #24-009 Emergency-Disaster Debris Removal 24 Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 28. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Proposer shall complete the following blanks regarding experience with similar type of work. Proposer must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three (3) years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT’S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Have you any similar work in progress at this time? Yes___ No ___. Length of time in business_________ years _________ months. Bank or other financial references: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) 29. EXCEPTIONS: List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) Exhibit "D" and Exhibit "Q" should be deleted from the RFP because the services being requested are not construction work. Please see Section 2: Company Experience and References. 22 10 Texas Capital Bank, Leila Z. Aloi, Senior Vice President, 1330 Post Oak Blvd, Suite 1700, Houston, TX 77056 (832) 308-7000 Please see letters in Section 1: Company Information. Please see attached. Bowen, Michlette & Britt Insurance Agency, LLC, Toby Michlette, Senior VP, 111 North Loop West, Suite 400, Houston, TX 77046 (713) 8780-7109 81 1 DRC EMERGENCY SERVICES, LLC FIVE YEAR LITIGATION AND REGULATORY LIST (Updated and Revised: June 28, 2024) The following is a list of any litigation involving or arising out of debris removal services in which DRC Emergency Services, LLC (“DRC”) was a party during the five-year period preceding the above date. ACTIVE PENDING CASES: Nelson v. RPF Emer. Servs., et al, No. 20-900353, Cir. Ct. Baldwin County, AL. Terminated sub- subcontractor sued DRC and its President seeking damages for termination from the project. Claim unquantified. No liability for DRC or its President; no contract privity. Fuxench, et al v. Puerto Rico Dept. of Recreation & Sports, No. 20-3148, Puerto Rico Bayomon High Court. Claim against the Puerto Rico Dept. of Recreation & Sports to enjoin it from performing post- hurricane tree and limb removal in a park. Appellate court ruled against the plaintiff. Case pending. Goldman v. DRC Emer. Servs, LLC, et al, #22-900011, Washington County, AL Cir. Ct., Personal injury claim arising from automobile accident. Plaintiff rear-ended debris truck. Dansby v. First Call Storm Removal, LLC, #22-900074, Marengo Co., AL Circuit Court. Personal injury arising from an automobile accident during debris removal operations. DISMISSED, SETTLED OR CLOSED CASES: White v. Florida Dept. of Env’l Protection, et al, #20-1558, 2nd Cir. Leon County. Personal injury action arising from debris management site operations. Insured claim. Settled and dismissed. Payton v. Progressive Ins., et al, No. C-92655, 10th JDC, Natchitoches Parish, LA. Automobile accident involving lower-tier subcontractor. Insured claim. Dismissed on summary judgment. Fucich v. Great Divide Ins. Co., et al, No. 136124, 16th JDC, Iberia Parish, LA. Automobile accident personal injury claim. DRC dismissed on summary judgment July 27, 2023. Contreras v. Terrence, et al, No. 18-3519, 134th Dist. Court, Dallas County, TX. Claim by a fourth tier subcontractor for payment. DRC dismissed from lawsuit on summary judgment on August 12, 2022. Lewis v. Ft. Lauderdale, #19-2090, 17th JC Broward Co. Personal injury. Resident tripped on defect in sidewalk. DRC proved defect existed prior to work performed by DRC in the area. Plaintiff agreed to voluntarily dismiss DRC. 82 2 Ultra Lane, Ltd. v. DRC, et al, No. 17-430, USDC MDLA Suit by Ultra Lane against lower-tier sub- subcontractor for payment. Plaintiff voluntarily dismissed DRC from litigation. IceX Systems Management, LLC v. DRC Emer. Servs., No. C-201885406, 15th JDC, Lafayette Parish, LA. Claim by equipment lessor for rental. DRC contended that equipment was removed from project by plaintiff. Investigation confirmed that the equipment was removed by plaintiff and that DRC overpaid plaintiff. Plaintiff voluntarily dismissed the lawsuit July 22, 2020. Golladay v. DRC Emer. Servs., et al, #20-23-CA, 14th JC Calhoun County, FL. Personal injury claim. Claim being handled through insurers. Plaintiff voluntarily dismissed DRC June 23, 2021. Otano v. Desaugust, No. 18-16273, 11th Cir. Miami-Dade County, FL. Payment demand for by lower tier subcontractor on Hurricane Irma project in Miami-Dade County. Dismissed. Commans v. State Farm, et al, No. 653413, 19th JDC, E. Baton Rouge Parish, LA. Automobile collision case involving truck driver of a lower-tier subcontractor. DRC was dismissed on summary judgment. Kessler Smith v. BKS Construction, LLC, et al, Case No. 2021-9256, Orleans Parish CDC Louisiana. Automobile accident case. Insured claim. Dismissed on summary judgment. 83 RAPID RESPONSE RFP #24-009 Emergency-Disaster Debris Removal Term Contract DUE: 07/09/2024 at 2:00 PM City of Ocoee 1 North Bluford Avenue Ocoee, FL 34761 ORIGINAL BID TFR Enterprises, Inc. Tiffany Jean Contract Manager 601 Leander Drive Leander, Texas 78641 FEIN: 72-1149862 Office: (512) 260-3322 Fax: (512) 528-1942 24-Hour Contact: (512) 565-0710 tiffany@tfrinc.com Table of Contents Letter of Introduction …………………………… 1 Section 1 – Company Information Company Overview …………………………… 3 Florida General Contractors License …………………………… 8 Florida Certificate of Good Standing …………………………… 9 Financial Stability …………………………… 10 Bond Letter …………………………… 11 Bank Letter …………………………… 12 Certificate of Insurance …………………………… 13 Qualifications of Key Personnel …………………………… 15 Certifications of Key Personnel …………………………… 17 Mobilization Requirements Verification …………………………… 19 Subcontracting Plan …………………………… 20 Equipment Chart …………………………… 22 Section 2 – Company Experience/References Experience (Past 3 Years) …………………………… 23 References …………………………… 26 Section 3 – Price Proposal Excluded from Page Count Section 4 – City of Ocoee Required Forms Excluded from Page Count Tab 5 – Approach and Methodology Mobilization Plan …………………………… 27 Project Management Approach …………………………… 28 Technical Approach …………………………… 31 Documentation Process …………………………… 46 FEMA Experience …………………………… 49 Letter of Introduction July 9, 2024 City of Ocoee 1 North Bluford Avenue Ocoee, FL 34761 RE: RFP #24-009 Emergency-Disaster Debris Removal Term Contract To Whom It May Concern, Thank you for considering TFR Enterprises as the City of Ocoee’s vegetative debris removal services contractor. Established in 1989 and headquartered in Leander, Texas with field offices across America, our corporation has served those impacted by devastating extreme weather on more than 450 projects nationwide. In our 35 years of disaster recovery experience, TFR has collected and processed over 70,000,000 cubic yards of debris. TFR is prepared, equipped, and ready to provide a turnkey, expedited, cost-effective emergency response solution compliant with emergency management guidelines and public policy. TFR is a member of the National Disaster Recovery Coalition of America whose members fulfill the nation’s mission of preparing for, responding to, recovering from, and mitigating disasters and emergencies by working with federal, state, and local governments. DRCA’s membership comprises top emergency management experts and contractors in the country, representing over 15 industries and a broad range of critical emergency management-related products, services, and capabilities. TFR’s capacity is unlimited with no job or disaster too large. For example, in 2023, TFR managed 3,500,000 cubic yards of debris while serving 22 cities, counties, and state agencies within 9 states. In response to the crippling 2020 hurricane season, TFR managed 57 simultaneous contract activations that spanned Iowa, Louisiana, Mississippi, Alabama, Texas, and Oklahoma. With a database of over 1,000 subcontractors and an expansive fleet of owned equipment, TFR Enterprises is prepared to tackle the greatest challenges. Our dedication to service is best described by Morgan Tyrone, Project Manager for Highland Hammock State Park: “After almost 30 years as a Florida Park Service Manager, I wish that all park vendors were as helpful, communicative, flexible, efficient, safe, and trustworthy. TFR was an extension of our own staff during a trying time with extensive damage over 11,000 acres in two parks separated by 20 miles.” TFR owns more than 200 pieces of equipment, including a fleet of self-loading debris-hauling trucks, rubber- tired/tracked loaders, heavy-haulers, excavators, dozers, and eight (8) Diamond-Z Model 1463 Tub Grinders for vegetative debris reduction (grinding). Not only is this company-owned equipment uncommitted on current long- term contracts, but it is also primarily designed for debris removal operations. Owning one of the nation’s largest equipment fleets allows TFR to mobilize quickly and efficiently while managing multiple projects. Debris clearing, removal, and processing are only the initial phases of recovery efforts. TFR understands and has extensive experience implementing all phases of environmental and infrastructure recovery to return communities to their pre-storm quality of life. Our services include land clearing, stream and river clearing and diversion, tree removal, trimming and pruning at parks, golf courses, and on rights-of-way, tree repair and maintenance, debris recycling, tub grinding, hauling, and demolition. At TFR, we know that projects of this scope can be a huge financial burden. Our staff is well-versed in the FEMA reimbursement process and can provide guidance when needed. ALL TFR’S CLIENTS HAVE RECEIVED 1 100% OF THE ELIGIBLE REIMBURSABLE AMOUNT. Our financial strength allows us to fund and start the project as the reimbursement process begins. TFR declares that this proposal is fair and in good faith without collusion or fraud and that the signor of the proposal has the authority to bind TFR Enterprises, Inc. for contractual needs. Once again, thank you for offering TFR the opportunity to become the disaster recovery contractor for the City of Ocoee and its representatives. The authorized representatives for TFR Enterprises, Inc. are as follows: Primary Contact for RFP: Signature Authority: Project Manager: Tiffany Jean Tipton F. Rowland Mel Utterback Contract Manager CEO/President Project Manager Office: (512) 260-3322 Mobile: (281) 731-4398 Mobile: (606) 776-9782 Mobile: (512) 565-0710 tiffany@tfrinc.com Sincerely, Tipton F. Rowland, CEO/President 601 Leander Drive Leander, Texas 78641 Office: 512-260-3322 Incorporated in 1989 under the laws of the State of Tennessee. FEIN#: 72-1149862 DUNS: 08-1346561 2 Section 1. Company Information Disasters are unpredictable. Disasters can vary in size, scope, and intensity. Yet given this inherent unpredictability, governments can take the necessary steps to ensure the safety and relief of their constituency. At TFR, we address the needs of our clients long before the establishment of a relationship. Every project is different. Every state, county, or city, desires, and highlights different aspects of disaster relief and recovery that they deem MOST important. With this ever-changing landscape in mind, TFR continually stresses the proper due diligence and planning to fully comprehend the type of service that each client desires. We routinely review and scrutinize our operational and management plans to ensure that we present the most practical, efficient structure to complete the project. TFR’s knowledgeable management team retains over 155 years of combined experience responding to hurricanes, floods, and other various disasters. Pre-planning allows TFR to respond to any project rapidly and efficiently in any location should the need arise. What allows TFR to provide an expedient response? Pre-planning certainly encompasses a large portion of this service. In addition, TFR maintains a fleet of over two hundred (200+) pieces of company-owned equipment pre-positioned across the Southeastern United States. By staging equipment directly outside the impact zone, TFR can respond within hours to immediately begin emergency road clearance services to provide a vital lifeline for federal, state, and local emergency responders to assess the damage. Furthermore, TFR can prep and construct a debris management site for immediate acceptance of storm-generated debris in less than 24 hours. Mobile Command Units can be deployed to enhance response and achieve greater coordination between parties to fully augment our operational capacity and aid the organization of relief efforts. Concurrently, project teams scour the impacted area to quantify debris, deduce an overall damage estimate, and adapt a preplan accordingly. TFR prepares for economic instability in the immediate aftermath of natural or man-made disasters by maintaining strong relationships with suppliers and organizing resources for dispatch. Additionally, TFR owns the necessary equipment to house and feed personnel temporarily as the local business community reacts and rebounds from such a disaster. Other initial and vital supplies, such as fuel, parts trailers, welders, wood, and other necessities, are brought from the home office to certify that work stoppages shall not occur due to inadequate logistics. However, the backbone of our logistical support team is our maintenance crew. TFR would not be capable of providing the timely, cost-effective service that we provide without the knowledge and experience our maintenance crew retains. With a dedicated warehouse at the home office for two (2) traveling equipment trailers, the TFR maintenance crew ensures that our equipment is functioning safely and efficiently with limited downtime. We strive to foresee any potential encumbrances and take the appropriate actions to safeguard against such occurrences. Operationally, TFR manages on the principle of transparency. We always remain available to answer questions, address issues immediately, and submit reports on time. This is to the benefit of all parties involved, as this is a team effort to respond to a major disaster. As safety and contract responsibility are the utmost priorities of the principals and officers of TFR, it is the policy of management to see that its employees and subcontractors conduct themselves with integrity and courtesy in the performance of their duties. Following a disaster event, there is an urgency to remediate the damage and return to normalcy as TFR Spotlight TFR has handled more than 70,000,000cy of disaster debris. 3 quickly as possible. The principals and officers of TFR firmly believe that this and price competitiveness can be achieved courteously and without sacrificing health, safety, and contract integrity. Price is a large determinant of any decision an informed consumer discerns. TFR fully understands that providing the highest value-added service is sometimes not enough to, alone, secure a contract, as different clients desire different qualities in a personalized project. TFR can fulfill these needs by utilizing Company- owned equipment and manpower. These resources allow TFR to control costs, subsequently discounting prices without conceding overall quality and safety, which is a corporate must. Our mission is to provide our customers with the highest level of service at a fair and market-competitive price. History TFR Enterprises, Inc. is a Texas-based specialty contractor, first incorporated in 1989 in the State of Tennessee, actively participating in disaster recovery contracts nationwide since Hurricane Andrew in 1992. We have a history of safe, rapid, and professional service in the industry with federal, state, and local governments, providing expedient, cost-effective disaster debris management, removal, reduction, and cleanup services to over 450 satisfied clients, as well as numerous private industries funded by the Federal Emergency Management Agency (FEMA). A family-owned and operated corporation headquartered in Leander, Texas, 20 miles outside Austin, Texas; TFR also owns and operates a tub-grinding division, responsible for vegetative debris reduction and recycling projects. Although disaster response remains our primary scope of business, TFR exploits natural adaptations and synergies to complement our current service offerings including land clearing, tree removal, trimming, and pruning on parks, golf courses, and right-of-way, tree repair and maintenance, debris management, tub grinding, hauling, and demolition. TFR has completed more than 100 projects in Disaster Response in the last five (5) years. We have successfully performed on USACE projects and many other federal, state, and local government projects. In the past, TFR has received multiple multi-million-dollar task orders from our clients spanning a large geographical area. By applying our resources and an efficient operational plan, we completed each designated task on time in compliance with FEMA guidelines. When you hire TFR Enterprises, you get us, not a General Contractor with mostly subcontractors. We will arrive on time. We will self-perform all key elements of the project to ensure our end service and in some cases much of the entire delivery order with our equipment and personnel. We can bring our camps to house our project personnel until community establishments are staffed and operational again. Our service is disaster relief and recovery, which includes the economic impact our stay will have on the local economy. Our goal is to partner with the City of Ocoee and its community to provide a full-service disaster relief and recovery effort. Organizational Structure Our organization is designed to deliver proactive leadership to any area, while effectively managing all project risks and providing maximum responsiveness to our clients. We provide each client with a dedicated, proven team prepared to execute any debris management mission with the highest degree of quality, professionalism, and efficiency. Our management approach, proven on more than 450 FEMA-funded disaster response activations, will be applied to this contract, and establish the roles and responsibilities for the debris mission’s management team, as well as support personnel. 4 With a robust network of subcontractors and vendors and firsthand knowledge of their capabilities and performance in emergency response and debris management, we readily access the best performers to quickly support the demands we expect under this contract. TFR’s organizational structure minimizes the gap between the Operations Manager and the Project/Site Manager(s), depending on the size and scope of the response. We believe that by keeping the degree of separation between the management staff and field supervisors to a minimum, our entire team will be better connected and benefit from the increased level of communication. Our essential employees have been chosen for their disaster recovery experience, leadership abilities, and debris expertise, as well as their ability to respond immediately to crises around the country. Equal Employment Opportunity Employer TFR Enterprises, Inc. provides equal employment opportunities without regard to race, color, sex, religion, national origin, age, or disability. TFR Enterprises, Inc. conforms with all applicable federal and state laws, rules, guidelines, and regulations and provides equal employment opportunities in all employment and employee relations. Experienced Project Management Large-Scale Events: TFR demonstrated our capabilities to respond to large-scale events following Hurricane Laura in 2020. We were activated in 36 Parishes to provide hazardous tree removals, debris removal, reduction, and final disposal for state-owned rights-of-way. In total, we supplied more than 150 debris removal crews, and 100 tree crews, managed and closed out 30 debris management sites, and removed more than 2.4 million cubic yards of debris. Multiple Contract Activations: 2020 proved to be a catastrophic storm season. TFR responded to contract activations within 57 jurisdictions throughout Iowa, Louisiana, Oklahoma, Alabama, Mississippi, and Texas. TFR managed 10.3 million cubic yards of debris, partnered with 74 subcontractors, certified more than 1,350 pieces of equipment, and remediated and closed out 67 debris management sites. 5 Meeting Client’s Needs: In August 2020, a severe weather event wreaked havoc in the state of Iowa. The Iowa Department of Homeland Security contracted TFR to grind and dispose of 1.6 million cubic yards of vegetative waste. "The professionalism, knowledge, understanding, and work ethic demonstrated by TFR Enterprises' employees is a compliment to your organization and is in keeping with the best standards of emergency response contractors everywhere," says Jordan Moser, Strategic Planner. Financial Capability Since the company’s incorporation in 1989, TFR has completed over 450+ federally funded debris removal contracts in its 34-year history. From a dedicated owner to experienced staff, TFR offers not only the knowledge to perform any size job but also the financial flexibility to complete multiple large-scale projects simultaneously. Company Owned Equipment TFR owns over 200 pieces of equipment, including debris- handling trucks, such as self-loaders, heavy-haulers, excavators, dozers, and numerous mobile command units. TFR also owns six (6) Diamond Z 1463 Tub Grinders and two (2) horizontal grinders to accommodate our client's debris reduction needs. With the industry's largest collection of tub grinders, TFR can rapidly and efficiently dispose of massive amounts of storm-generated debris. Subcontractors In addition, to our extensive list of company-owned equipment, TFR maintains highly valued, working relationships with over one thousand (1000) subcontractors nationwide, who are versed in TFR project procedures and multiply the resources available to the project. Client Testimonials Client Testimonial “We would like to commend TFR Enterprises for their responsiveness and diligence in removing vegetative debris following Hurricane Sally in September of 2020.” Gregory B. Smith, City Engineer (2020) “On behalf of the State of Iowa, I would like to thank TFR Enterprises for the exceptional debris removal service provided in the wake of the devastating severe weather event that impacted Iowa on August 10th, 2020. TFR’s swift response and unwavering commitment to this mission has assisted Iowans, at every level, in returning to normal life in a time when the very definition of the word “normal” seems to be ever in doubt.” Jordan Moser, Strategic Planner (2020) 6 Client Testimonial “We were very pleased with the rapid deployment of equipment and resources to start the clean-up process. The workers and equipment were both top- notch and were ready to work once their boots hit the ground in Citronelle.” Jason T. Stringer, Mayor (2020) “In closing should the need arise again for debris removal services in Hancock County I hope TFR would be the one’s here to help” Vic Johnson, Hancock County Road Manager (2020) “This Hurricane, and the devastation it left behind, will stick with me the rest of my life. I hope that we never experience another storm event with the same potential for destruction. However, if we do, the assurance knowing that TFR Enterprises is ready to provide their professional services gives us the confidence we need to weather another storm.” Jeffrey Garrett, Maintenance Engineer, NCDOT (2018) “You and your team work tirelessly to achieve the mission laid out by ECC and MCAS Cherry Point. Your leadership and work ethic was much appreciated and valued.” Craig Duncan, Cherry Point Program and Project Manager (2018) “T.F.R. Enterprises, Inc. performed extremely well in an emergency environment. T.F.R. responded within less than 48 hours to the Governments need for assistance hauling debris in the Santa Barbara County area, due to rains and flooding that occurred on January 8, 2018.” Juan Martinez, Civil Engineer, United States Army Corps of Engineers (2018) 7 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE RESIDENTIAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESLYELL, SHARON GDo not alter this document in any form.T.F.R., INC. OF TEXASLICENSE NUMBER: CRC1332507EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.601 LEANDER DRIVELEANDER TX 78641Always verify licenses online at MyFloridaLicense.com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inancial Stability Financial Stability Overview Since the company’s incorporation in 1989, TFR has completed over 450+ federally funded debris removal contracts in its 34-year history. From a dedicated owner to experienced staff, TFR offers not only the knowledge to perform any size job, but also the financial flexibility to complete multiple large-scale projects simultaneously. This was exemplified during the 2023 storm seasons in which TFR performed 22 debris missions across 9 states totaling more than $65 Million in revenue and 3,500,000 cubic yards of debris. With such large-scale performance across an enormous geographical area, a company must retain the financial flexibility and strength to pay subcontractors, suppliers, and employees on time, every week. “TFR Enterprises Inc. as well as the principle’s Tipton and Julie Rowland, have been an excellent customer of the bank for over 18 years. Currently, TFR Enterprises Inc. has a $5,000,000.00 Revolving Line of Credit that is unfunded, and they keep considerable deposits with Prosperity Bank. The Rowland’s have always performed as agreed and are a pleasure to work with.” ~ Travis Freeman, Prosperity Bank Regional President For additional information on TFR’s financial capabilities, please feel free to contact Toby Miclette or Travis Freeman. Contact information is listed for your convenience and audited financial statements are available upon request. 10 BOWEN,MICLETTE &BRITT INSURANCE AGENCY,LLC 2800 NORTH LOOP WEST,SUITE 1100 HOUSTON,TEXAS 77092 TELEPHONE (713)880-7100 FACSIMILE (713)880-7149 INSURANCE /BONDS/RISK MANAGEMENT April 5, 2024 T.F.R. Enterprises, Inc. 601 Leander Drive Leander, Texas 78641 David T. Miclette Executive Vice President DTM / ab 11 12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/29/2024 Higginbotham Insurance Agency, Inc. 1221 S. Mopac Expy., Suite 160 Austin TX 78746 Larry Sue Dunn, CISR 817-347-6816 817-347-6981 LDunn@higginbotham.net Nautilus Insurance Company 17370 TFRENTE-02 Key Risk Insurance Company 10885TFREnterprisesInc 601 Leander Drive Leander TX 78641 The Travelers Lloyds Insurance Company 41262 Texas Mutual Insurance Company 22945 Argonaut Insurance Company 19801 415489488 A X 1,000,000 X 50,000 X 25,000 Ded BI/PD 5,000 X Per Occurrence 1,000,000 2,000,000 X ECP2043137-10 3/31/2024 3/31/2025 2,000,000 B 1,000,000 X X X BAP2043139-10 3/31/2024 3/31/2025 A X 5,000,000 X FFX2043138-10 3/31/2024 3/31/2025 5,000,000 X 0 D E X N 0001209012 928968359384 3/31/2024 3/31/2024 3/31/2025 3/31/2025 X ** SEE DESCRIP 1,000,000 1,000,000 1,000,000 C B Leased/Rented Equipment Leased/Rented/Hired Phy Damage QT-660-8071X472-TLC-24 BAP2043139-10 3/31/2024 3/31/2024 3/31/2025 3/31/2025 Limit - $700,000 Limit Comp/Collision Ded $2,500 Actual Cash Value $100/$1,000 *General Liability Deductible: $25,000 BI/PD Per Occurrence *XCU is not excluded. *The General Liability policy includes a $1,000,000 Contractors Pollution Limit. **Texas Workers' Compensation Policy - 0001209012 **All Other States (incl California) - Policy 928968359384 The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status See Attached... Information Only *** 13 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: TFRENTE-02 1 1 Higginbotham Insurance Agency, Inc. T F R Enterprises Inc 601 Leander Drive Leander TX 78641 25 CERTIFICATE OF LIABILITY INSURANCE (Including Completed Ops) and General Liability, Automobile Liability and Workers' Compensation policies includes a blanket waiver of subrogation endorsement to the certificate holder when written contract requires such status. The General Liability policy has a blanket Primary & Non Contributory endorsement that affords that coverage to certificate holders when written contract requires such status The General Liability, Automobile Liability and Workers Compensation policy includes a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation Excess Policy is Follow Form underlying the General Liability (Incl. Contractors Pollution), Automobile Liability and Employers Liability policies. 14 Qualifications and Experience of Key Personnel Experience and Qualifications of Key Personnel TFR has assembled a team with a combined 155 years of experience in emergency debris removal, reduction, and management services. From Hurricane Andrew to the devastating effects of Hurricane Ida, TFR personnel have participated in relief efforts across the country, on different continents, and in varying debris capacities. As one of the most experienced project teams in the industry, agencies are contracting with a company deeply rooted in customer value, experience, and expediency. These principles, on which TFR is built, drive our current customer relationships and further the growth of the company. Our team has a complete understanding of the roles, responsibilities, lines of communication, and challenges involved with rapid deployment in disaster scenarios. They can handle any debris mission they are tasked with. The TFR team has proven field-tested debris damage assessment, removal, reduction, disposal, and overall debris management experience associated with responding to natural and man-made disasters. TFR’s Management Team Key Personnel Contact Information Worked Together Industry Experience Disaster Experience Sharon Lyell Operations Manager sharon@tfrinc.com (512) 576-3000 18 Years Tiffany Jean Contract Manager tiffany@tfrinc.com (512) 565-0710 16 Years Rigo Mejia Site Manager rigo@tfrinc.com (512) 779-7722 13 Years Kevin Rolison Project Manager kevin@tfrinc.com (512) 944-8766 21 Years Melvin Utterback Project Manager melvin@tfrinc.com (606) 776-9782 19 Years Steven Vinyard Project Manager steven@tfrinc.com (512) 619-1087 8 years Roger Barfield Safety Manager roger@tfrinc.com (407) 868-0568 7 Years 15 Operations Manager: The operations manager will supervise and direct all field operations for TFR. In addition to the execution of field operations, the operations manager will ensure full compliance with all corporate, municipal, state, and federal safety and environmental policies. Duties also include: • Direct all project managers, site managers, and safety officers. • Assign resources to debris zones, ensuring that the equipment placed in each zone is the most efficient, depending upon geographic and demographic constitution. • Maximization of debris stream recycling if possible Contract Manager: The contract manager will be the ultimate liaison between the client and TFR for the entirety of the debris mission. The contract manager will be available 24 hours per day, 7 days per week, with redundant communication capabilities including cell phones, satellite phones, and email. His/her responsibilities will include: • Primary client/consulting firm point of contact. • Receipt of client direction and development of a corporate strategy to best fulfill the client’s needs. • Communicate with the operations manager regarding mobilizing resources. • Supervise and execute contract documents. • Ensure all corporate reports and deliverables meet the client’s expectations. Site Manager: The site manager is responsible for all operations within their assigned debris management site, including: • Safety and Environmental compliance • Proper debris segregation and reduction • Coordination of reduction and haul-out schedules Project Manager: The project managers are primarily responsible for the day-to-day operations within the zone(s) to which they are assigned. The responsibilities of the project managers include: • Ensure all operational processes within their debris zone are being executed to full compliance with the FEMA Debris Management Guide/Public Assistance Program and Policy Guide • In conjunction with the safety officer, host daily instructional and safety meetings • Serve as initial contact and point of resolution for any complaints. • Direct all debris crews to their assigned work zones. • Execution of daily reports, including the keeping of a daily log of activities within their zone • Assignment of daily road schedules Safety Manager: The safety manager has complete responsibility and authority over all safety issues at all levels of contract performance including the power to unilaterally alter, suspend, and/or halt any operation or portion thereof that endangers or potentially endangers life, health, and safety or threatens the protection of the environment. Includes documentation, daily reporting requirements, communication, and conducting onsite training and inspections. The safety manager is responsible for ensuring complete compliance with OSHA, USDOT, DOL, as well as all other applicable regulatory bodies. Snapshot of Certifications United States Army Corps of Engineers, Construction Quality Management United States Army Corps of Engineers, 30-Hour Construction Safety United States Army Corps of Engineers, Safety Level 2 Assessment United States Army Corps of Engineers, Debris Level Two National Incident Management System ICS-100,200,700,703,706,800 OSHA 40-Hour HAZWOPER 16 Key Personnel Training and Certifications TFR’s disaster response team includes a variety of skills and certifications including NIMS Certification, Safety Certifications (OSHA), Quality Control, and Environmental Certifications. Course ID Description Course ID Description IS-00001 Emergency Manager IS-00200.C Basic Incident Command System IS-00005 Intro to Hazardous Materials IS-00201 Forms for Incident Action Plan IS-00010 Animals in Disaster IS-00212 Introduction to Unified Hazard Mitigation IS-00011 Animals in Disaster IS-00215 Unified Federal Review Advisor Training IS-00015 Contingency Planning for Public Safety IS-00216 Overview of the Unified Federal Review IS-0018 EEO Employee Course IS-00230 Fundamentals of Emergency Mgmt. IS-0019 EEO Supervisor IS-00235 Emergency Planning IS-00020 Diversity Awareness IS-00240 Leadership and Influence IS-00021 Civil Rights & FEMA Assistance IS-00241 Decision Making and Problem-Solving IS-0027 Orientation to FEMA Logistics IS-00242 Effective Communication IS-00029 Public Information Officer Awareness IS-00244 Developing and Managing Volunteers IS-0030 Mitigation E-Grants for the Subgrant IS-00245 Federal Priorities and Allocations IS-00035 FEMA Safety Orientation IS-00253 Overview of FEMA Environmental/Historical IS-00037 Managerial Safety & Health IS-00271 Hazardous Weather & Community Risk IS-0042 Social Media in Emergency Management IS-00279 Flood-Prone Residential Buildings IS-0045 Continuous Improvement (CI) Overview IS-00289 Voluntary Agency Liaison IS-0060 (GEOCONOPS) for Planners IS-00293 Mission Assignment Overview IS-00061 Geospatial Concept of Operations IS-00302 Emergency Radiological Response IS-0062 (GEOCONOPS) In Use IS-00315 Incident Command System IS-0063 Geospatial Information Infrastructure IS-00317 Intro to CERT IS-0064 DHS Common Operating Picture IS-00321 Hurricane Mitigation Basics IS-0066 Space Weather Events IS-00322 Flood Mitigation Basics IS-0075 Military Resources in Emergency IS-00323 Earthquake Mitigation Basics IS-00100 Incident Command System IS-00324 Community Hurricane Preparedness IS-00101 Preparing for Disaster Operations IS-00325 Earthquake Basic Science Risk IS-00102 Preparing for Disaster Operations IS-00326 Community Tsunami Preparedness IS-00103 Geospatial Information Systems IS-00559 Local Damage Assessment IS-00107 FEMA Travel Rules and Regulations IS-00632 Intro to Debris Operations IS-00120 An Introduction to Exercises IS-00633 Debris Management IS-00130 How to be an Exercise Evaluator IS-00650 Building Partnerships with Tribal IS-00144 TERT Basic Course IS-00660 Intro to Public-Private Partnerships IS-00156 Building Design for Homeland Security IS-00700 Intro to National Response Partners IS-00158 Hazard Mitigation Flood Insurance IS-00700.B Introduction to the NIMS IS-00162 Hazard Mitigation Floodplain Mgmt. IS-00703 NIMS Resource Management IS-00200 Single Resources & Initial Action IS-00706 NIMS Mutual Aid 17 IS-00727 Floodplain Management Fred Prior Project Mgmt. Workshop IS-00772 IA Preliminary Damage JKO Antiterrorism Awareness Training IS-00800 National Response Framework NATMI Motor Fleet Safety Basics IS-00815 A-B-C of Temporary Power NATMI Managing Motor Fleet Safety IS-00904 Active Shooter Prevention Online Registered Flagger IS-00905 Responding to Active Shooter OSHA 30 Hour Hazwoper IS-00906 Basic Workplace Security OSHA 30-Hour General Safety & Health IS-00907 Active Shooter OSHA 30 Hour Outreach IS-00908 Emergency Mgmt. for Senior Officials OSHA 40 Hour Hazwoper IS-00909 Community Preparedness OSHA Construction Industry Trainers IS-00913 Critical Infrastructure Security OSHA Construction Safety IS-00915 Protecting Critical Infrastructure OSHA Construction Safety Manager IS-00916 Theft and Diversion OSHA Construction Safety Professional IS-01000 Public Assistance Program OSHA Construction Safety Specialist IS-01001 Delivery Model Orientation OSHA Occupations Safety IS-1004 FEMA Site Inspection Process OSHA Occupational Safety IS-1013 Costing OSHA Occupational Safety Manager IS-1150 Human Trafficking OSHA Occupational Safety Professional IS-2200 Basic Emergency Operations Center OSHA Occupational Safety Specialist ATEM CPR, AED, & First Aid OSHA Occupational Safety Supervisor ATSSA Certified Flagger OSHA Occupational Safety Trainer DOT 101 Safety Compliance Training OSHA OSHA Standards DOT 60/60 Supervisor Training OSHA Safety Committee Chair DOT Compliance Overview and Audit Survival OSHA Safety Committee Member DOT Compliance Driver Qualification Texas Mutual Award of Safety Excellence DOT Compliance Supervisor Drug & Alcohol Training TS10 Debris Management DOT Compliance Maintenance Management Workshop TS12 Evaluating Debris Management RFP's DOT Compliance Accident Reporting USACE Construction Safety DOT Compliance Hours of Service USACE Debris Level Two DOT Compliance Required Safety Management USACE Quality Management FEMA Debris Management Planning USACE Safety Level Two FLDOT Maintenance of Traffic Advanced FLDOT Temporary Traffic Control 18 Ability to Meet Mobilization Requirements TFR Enterprises affirms that we will contact the City regarding potential contract activation within twenty-four (24) hours of the City being placed in the National Oceanic Atmospheric Administration five (5) -day hurricane forecast. We commit to being fully operational for the reduction and disposal of debris within seventy-two (72) hours of issuance of the issuance of the Notice to Proceed. TFR shall provide shaded on-site break spaces, restrooms, and scissor lifts as needed. TFR verifies that if awarded this contract, we will mobilize a minimum of two (2) crews to the City of Ocoee immediately upon issuance of a Notice to Proceed. 19 Proposed Subcontractors TFR Enterprises, Inc. maintains a current, constantly updated database of subcontractors by location, classification, equipment resources, and capability. The working relationship with this reservoir of close- knit subcontractors has been so successful that most of them, following a disaster event, will not offer their services to, or accept an offer from, another contractor until first consulting with TFR’s management personnel as to their subcontracting needs. A network of communication and contact of these subcontractors in the event of a disaster has been divided among the TFR management team in advance, which has enabled the company to contact, activate, and mobilize as many as 630 pieces of equipment in 30 days as the company did following Hurricane Laura in 2020. These subcontractors are considered as much a part of the disaster response team as are the full-time employees of TFR. Local and Disadvantaged Business Subcontracting At TFR, we firmly believe that local contractors provide the most cost-effective measure to complete the contract requirements while aiding the local economy after the impact of a disaster. TFR plans to utilize local subcontractors to the extent to which they are available and properly licensed. TFR shall exhaust any avenues to obtain qualified local subcontractors to meet the needs of the community while infusing the local economy with needed revenue. As such, TFR is committed to identifying the local subcontractors qualified and prepared to support the community on the path to recovery. During the past three (3) decades, TFR has actively promoted the participation of Small Business Enterprises (SBE), Disadvantaged Business Enterprises (DBE), Women-Owned Business Enterprises (WBE), Minority-Owned Business Enterprises (MBE), and Veteran-Owned Business Enterprises (VBE), in the performance of disaster-related debris removal projects. Born from a small tree service company in 1954, TFR was a long-time small business-enabled firm working in Memphis, Tennessee. Renamed TFR and incorporated in 1989, owner, Tipton Rowland, considers this sector of the industry to be a vital and reliable source of debris management resources recalling his days as a small business owner himself. As such, TFR executives are directly involved in the achievement of SBE’s and DBE’s plans and goals by the project. Proposed Major Subcontractor • 35 years of proven disaster debris removal and management experience • Over 200 units of company- owned specialized equipment including knuckle boom trucks, heavy haulers, dump trucks, bunkhouses, airboats, barges, skid steers, dozers, excavators, loaders, skidders, and tree cutters. • Owner and key employees certified in tree removal/chainsaw management by the Missouri Forestry Department • Partnered on more than 50 projects with TFR, over the last 20 years. Recent Projects Completed with TFR: • Hamilton County, FL • Jacksonville, AR • City of Cedar Park, TX • Hancock County, MS • City of Choctaw, OK • City of Enid, OK • City of Blanchard, OK • City of Norman, OK • City of Citronelle, AL • Alabama DOT, Dallas County • City of Robertsdale, AL • Rapides Parish, LA Timberline Trading is a leading subcontractor in the disaster debris removal industry. Thirty-five years of experience has allowed the team at Timberline to master the skills and FEMA knowledge necessary to 20 complete any size debris mission. Timberline’s tenured management team gives them added ability to manage a wide range of disaster response services. With more than 200 pieces of specialty equipment, Timberline can respond immediately to all emergencies. Company-owned bunkhouses and generators allow Team Timberline to respond to devastated areas where housing or electricity is not available. Timberline has been a major subcontractor for TFR since 1995. Proposed Major DBE Subcontractor • Women-Owned Business (WBE) • Incorporated in 2013 • Principles hold Florida & California Contractors License • Owner and Principles have more than 25 years of combined experience in Disaster Response, Debris Removal, and Hazardous Tree Removal Services • Partnered on 7 projects with TFR, over the last 8 years. Recent Projects Completed with TFR: • Suwannee County, FL • Hardin County, TN • City of Leader, TX • FDEP- Highland Hammock State Park • Kentucky Transportation Cabinet, KY • Oklahoma City Parks, OK • City of Corpus Christi, TX • Texas DOT, Montague County • Louisiana DOT, Cameron Parish • Tyndall Airforce Base, FL Lyellco, Inc. is a family-owned tree trimming and disaster response company incorporated in 2013 as a small woman-owned business. Lyellco owns 27 pieces of equipment and has performed more than 20 federal and state contracts nationwide, responding to hurricanes, tornados, ice storms, floods, and more. Lyellco strives for the safety of its employees and the communities affected and operates according to FEMA rules and regulations. The following list is just a few of our available DBE Partners: DBE Partners State Type Services Ayleen Trash Hauling Services, Inc. FL SBE/MBE Hauling Services, Hazardous Tree Removal CSA Land Clearing FL DBE Site Management Florida Developers of Tallahassee FL DBE Site Management Gulf Coast Environmental Contractors FL WBE Hazardous Tree Removal Payne's Environmental Services, LLC FL MBE/VBE Hazardous Tree Removal Prism Lighting Services FL SBE Temporary Lighting YG Construction, Inc. FL MBE Temporary Fencing Cabildo Services LA DBE Temporary Staffing Disaster Recovery Group and Tree, Inc. NC DBE Hauling Services, Hazardous Tree Removal Action-Roll Offs, Inc. TX DBE Hauling Services Eggemeyer Land Clearing, LLC TX DBE Hauling Services, Site Management Highway Barricades and Services, Inc. TX DBE Safety Supplies Lyellco TX WBE Hauling Services, Hazardous Tree Removal 21 Snapshot of Equipment Description Company Owned Subcontractor Owned Tub Grinder (Diamond Z- 1000HP) 6 12 Horizontal Grinder 2 5 Stump Grinder 2 30+ Excavators 12 37 Wheel Loaders 4 46 Track Loaders 3 64 Bulldozers 17 16 Air Curtain Incinerator 4 10 Skid Steer 4 100+ Self-Loading/Knuckleboom Trucks 56 300+ Pup-Trailers 45 100+ Truck Tractor 7 500+ Walking Floor Trailers 7 100+ Low Boy Trailers 4 18 Service Trailers 5 8 Flat Bed Trailers 6 100+ Bucket Trucks 19 100+ Service Trucks/ Foreman Vehicles 14 50+ Office Trailers 5 50+ Light Towers 2 50+ Air Compressor 2 75+ Turf Rake 1 10+ Power Screen 2 10+ Water Truck 2 10+ 22 Section 2. Company Experience and References - Disaster Experience Listed below are the projects performed by TFR Enterprises, Inc. in the past 3 years including the season, storm, contract terms, and amounts. Project Dates Contracting Agency Description of Work Contract Amount Volume 09/23 to 04/24 Florida DOT- Hamilton County Kevin Couey 386-961-7059 John.couey@dot.state.fl.us ROW Debris Removal, Reduction, Disposal, and Hazardous Tree Removal- Hurricane Idalia DR4734 $14,129,937.00 to Date 791,500 CY 43,125 Trees 09/23 to 04/24 Florida DOT- Dixie County Mark Hanna 352-493-6870 Mark.hanna@dot.state.fl.us ROW Debris Removal, Reduction, Disposal, and Hazardous Tree Removal- Hurricane Idalia DR4734 $4,714,688.00 to Date 334,250 CY 10,600 Trees 09/23 to 04/24 Florida DOT- Madison County Tim Whitley 352-381-4329 Timothy.whitley1@dot.state.fl.us ROW Debris Removal, Reduction, Disposal, and Hazardous Tree Removal- Hurricane Idalia DR4734 $15,098,597.00 to Date 978,000 CY 48,095 Trees 09/23 to 04/24 Florida DOT- Suwannee County Kevin Couey 386-961-7059 John.couey@dot.state.fl.us ROW Debris Removal, Reduction, Disposal, and Hazardous Tree Removal- Hurricane Idalia DR4734 $18,622,181.00 to Date 1,200,000 CY 83,435 Trees 09/23 to Present Florida DEP Wes Howell 850-528-3576 wes.howell@dep.state.fl.us ROW Debris Removal Reduction, Disposal, and Hazardous Tree Removal- Hurricane Idalia DR4734 $5,399,718.00 to Date 143,258 CY 12,535 Trees 09/23 to 11/23 Jefferson County, FL Shannon Metty 850-342-0223 smetty@jeffersoncountyfl.gov ROW Debris Removal Hazardous Tree Removal Hurricane Idalia DR4734 $1,138,239.00 61,450 CY 8,400 Trees 09/23 to 10/23 Hernando County, FL Stephen Stack 352-754-4060 sstack@co.hernando.fl.us ROW C&D Debris Removal Hurricane Idalia DR4734 107,720.00 6,500 CY 08/23 to 10/23 Forsyth County, GA Joey Smith 770-205-4530 jhsmith@forsythco.com ROW Debris Removal, Grinding, and Final Disposal $287,078.00 20,335 CY 08/23 to 10/23 Berkeley County, SC Alan Roberts 843-719-2382 Alan.roberts@berkeleycountysc.gov Wood Waste Grinding Services $175,350.00 283 Hours 07/23 to 07/23 City of Topeka, KS Travis Tenbrink 785-861-5476 ttenbrink@topeka.org Emergency ROW Debris Removal-Severe Storms $108,840.00 10,240 CY 125 Hours 06/23 to 07/23 City of Hopkinsville, KY Mike Perry 270-890-0601 mperry@h-ky.net Emergency ROW Debris Removal-Severe Storms DR4702 $112,020.00 12,000 CY 05/23 to 06/23 Hardin County, TN Lori Bearden 731-925-9943 hcsw@hardincountytn.net Emergency ROW Debris Removal-Tornado DR4712 $160,515.00 12,000 CY Veg & 475 Tons C&D 05/23 to 05/23 City of Birmingham, AL Joshua Yates 205-335-8082 joshua.yates@birminghamal.gov Bulk Waste Hauling $72,000.00 590 Tons 04/23 to 07/23 City of Jacksonville, AR Randy Watkins 501-982-6071 rwatkins@cityofjacksonville.net Emergency ROW Debris Removal & Reduction-Tornado DR4698 $411,300.00 31,480 CY 03/23 to 04/23 City of Norman, OK Joseph Hill 405-329-2524 joseph.hill@normanok.gov Emergency ROW Debris Removal-Ice Storm DR4690 $618,615.00 3716 Hours 23 Project Dates Contracting Agency Description of Work Contract Amount Volume 03/23 to 04/23 City of Lago Vista, TX James LeBlanc 512-517-8005 james.leblanc@lagovistatexas.gov Emergency Debris Removal & Reduction-Ice Storm DR4705 $54,000.00 9,000 CY 02/23 to 05/23 City of Cedar Park, TX Michael Lerash 512-769-1195 michael.lerash@cedarparktx.gov Emergency Debris Removal & Reduction-Ice Storm DR4705 $1,608,000.00 9565 Hours 03/23 to 04/23 Williamson County, TX Leticia Gomez 512-943-1591 lgomez@wilco.org DMS Site Support Equipment- Ice Storm DR4705 $28,500.00 150 Hours 02/23 to 03/23 Sunset Valley, TX Dakota Burns 512-591-9102 dburns@sunsetvalley.org Debris Reduction by Grinding- Ice Storm DR4705 $31,900.00 2,700 CY 02/23 to 04/23 City of Round Rock, TX Ricci Strayhorn 512-801-7391 rstrayhorn@roundrocktexas.gov Emergency Debris Removal, Reduction, & Disposal-Ice Storm DR4705 $1,658,989.00 6662 Hours 02/23 to 05/23 City of Leander, TX Mike Neu 512-28-2745 mneu@leandertx.gov Emergency Debris Removal, Reduction, & Disposal-Ice Storm DR4705 $460,000.00 22,600 CY 02/23 to 03/23 Hale County, AL Frederick Powell 334-529-7453 hcengrl@gmail.com Emergency Debris Removal, Reduction, & Disposal- Tornado DR4710 $304,000.00 25,000 CY & 200 Hazardous Trees 10/22 to 10/23 Florida DEP, FL Wes Howell 850-528-3576 wes.howell@dep.state.fl.us Emergency Debris Removal, Reduction, & Disposal Waterway Debris Removal- Hurricane Ian DR4673 $12,986,000.00 111,000 CY & 4,000 Hazardous Trees 10/22 to 11/22 City of Lake Mary, FL Bruce Paster 407-585-1452 bpaster@lakemaryfl.com Emergency Debris Removal & Disposal-Hurricane Ian DR4673 $212,000.00 939 Hours 10/22 State College of FL Manatee, FL Rebecca Ferda 941-752-5342 ferdar@scf.edu Emergency Debris Removal & Disposal-Hurricane Ian DR4673 $28,890.00 2,646 CY 10/22 to 12/22 Lake County, FL Mary Hamilton 352-253-6006 mary.hamilton@lakecountyfl.gov Emergency Debris Removal, Reduction, & Disposal- Hurricane Ian DR4673 $1,923,459.00 88,000 CY 10/22 to 11/22 FL Southwestern State College, FL Mat Mason 239-985-3497 matthew.mason@fsw.edu Emergency Debris Removal & Disposal-Hurricane Ian DR4673 $429,492.00 12,687 CY & 1,390 Hours 09/22 FLDOT – District 02, FL Brad Long 386-961-7067 bradford.long@dot.state.fl.us 72-Hour Push-Hurricane Ian DR4673 $12,500.00 Standby Cut & Toss Crews 10/22 City of Cedar Rapids, IA Taylor Burgin 319-491-4164 t.burgin@cedar-rapids.org Debris Reduction by Grinding- Derecho $279,160.00 54,275 CY 06/22 Hale County, AL Fredrick Powell 334-538-7453 hcengrl@gmail.com Emergency Debris Removal- Tornado $53,808.00 5,585 CY 06/22 to 07/22 City of Pembroke, GA Arlene Hobbs 912-653-4406 clerk@pembrokega.net Debris Reduction by Burning- Tornado $79,538.00 21,210 CY 02/22 USDA, KY Billy Graham 615-210-0617 billy.m.graham@usda.gov Vegetative Reduction by Grinding & Haul Out-Avian Flu $10,800.00 1,200 CY 24 Project Dates Contracting Agency Description of Work Contract Amount Volume 01/22 to 02/22 Fulton County, KY Jim Martin 270-559-0192 feje@bellsouth.net ROW Debris Removal, Reduction, & Disposal- Tornado DR4643 $385,440.00 30,000 CY 11/21 to 04/22 Marion County, OR James Hess 503-566-4139 jwhartonhess@co.marion.or.us ROW Debris Removal-Winter Storm DR4599 $1,465,617.00 10,000 CY & 5,525 Hazardous Trees 09/21 to 01/22 Hidalgo County, TX Tony Forina 956-383-3112 tony.forina@co.hidalgo.tx.us ROW Debris Removal-Ice Storm $630,000.00 93,600 CY 09/21 to 10/21 City of Bogalusa, LA Robert Wallace 985-732-6213 robert.wallace@bogalusa.org ROW Debris Removal, Reduction, & Disposal- Hurricane Ida DR4611 $82,656.00 13,225 CY 09/21 to 10/21 Village of Folsom, LA Margra Steel 985-796-5607 margrasteele@villageofolsom.com ROW Debris Removal, Reduction, & Disposal- Hurricane Ida DR4611 $50,669.00 5,835 CY 09/21 to 10/21 Town of Madisonville, LA Kyle Matthews 985-264-9862 kylem@townofmadisonville.org ROW Debris Removal & Disposal-Hurricane Ida DR4611 $310,544.00 27,733 CY & 180 Hazardous Trees 07/21 Iowa DOT, IA Jody McNaughton 515-239-1298 jody.mcnaughton@iowadot.us Vegetative Debris Reduction & Haul Out-Derecho $79,343.00 12,340 CY 07/21 Sac & Fox Tribe, IA Mark V. Bear 641-484-4678 mark.vbear@meskwaki-nsn.gov Vegetative Debris Reduction by Grinding-Derecho $48,750.00 13,000 CY 06/21 TXDOT-Kingsland, TX Joe Muck 512-715-5702 joe.muck@txdot.gov Waterway Debris Removal of Collapsed Bridge-Storms & Flooding $289,000.00 112 CY 06/21 Boyd County, KY Jason Queen 606-393-1801 jqueen@boydcountyky.gov Reduction of Vegetative Debris- Ice Storm DR4592 $103,680.00 192 Hours 05/21 to 10/21 KYTC, KY Laura Hagan 502-782-3980 laura.hagan@ky.gov Debris Removal, Reduction, & Site Restoration-Ice Storm DR4592 $4,297,452.00 36,050 Tons 04/21 to 05/21 City of Eunice, LA Paul Carrier 337-305-1635 pccarrier@yahoo.com ROW Debris Removal- Hurricane Laura DR4559 $102,260.00 11,490 CY 03/21 to 06/21 City of Bastrop, LA Diane Lenoir 318-283-3301 ddlenoir@cityofbastrop.com ROW Debris Hauling, Reduction, & Disposal- Hurricane Laura DR4559 $946,770.00 99,660 CY 03/21 to 09/21 TXDOT-Travis County, TX Jacob Wells 512-304-8122 jacob.wells@txdot.gov ROW Debris Removal & Disposal-Ice Storm DR4586 $186,182.00 8,950 CY 03/21 to 04/21 City of Corpus Christi, TX Gabriel Maldonado 361-826-1986 gabrielm3@cctexas.com ROW Debris Removal & Disposal-Ice Storm DR4586 $671,580.00 74,620 CY 12/20 to 3/21 Hancock County, MS Ben Benvenutti 228-368-4786 ben@ccellc.us ROW Debris Removal & Disposal-Hurricane Zeta DR4576 $590,696.00 64,520 CY 02/21 to 04/21 City of Choctaw, OK Loren Bumgarner 405-390-8300 lbumgarner@choctawcity.org ROW Debris Removal & Disposal-Ice Storm DR4587 $375,000.00 81,694 CY 25 References 1. City of Round Rock Point of Contact: Ricci Stray – Forestry Department Address: 301 West Bagdad Ave., Ste 250, Round Rock, TX 78664 Phone: (512) 801-7391 Email: rstrayhorn@roundrocktexas.gov Contract Term: February 2023 to April 2023 Contract Amount: $1,658,989.00 Description of Work: Emergency removal, reduction, and disposal of debris and hazardous trees from 2023 ice storm. (6,662 Operator/Equipment Hours) 2. Florida Department of Environmental Protection Point of Contact: V. Morgan Tyrone – Project Manager, Highland Hammock State Park Address: 5931 Hammock Rd, Sebring, FL 33872 Phone: (863) 386-6099 Email: victor.tyrone@dep.state.fl.us Contract Term: October 2022 to December 2022 Contract Amount: $51,884.00 Description of Work: Emergency removal, reduction, and disposal of debris and hazardous trees from Hurricane Ian. (9,000 CY and 216 Hazardous Trees) 3. Florida Southwestern State College Point of Contact: Mat Mason – Director of Facilities Management Address: 8099 College Parkway, D-214, Ft. Myers, FL 33919 Phone: (239) 985-3497 Email: matthew.mason@fsw.edu Contract Term: October 2022 to November 2022 Contract Amount: $429,492.00 Description of Work: Removal of vegetative debris, hazardous leaners, hangers, and stump removal following Hurricane Ian. (12,687 CY and 1,390 Operator/Equipment Hours) 4. City of Norman Point of Contact: Joseph Hill – Streets Department Address: 201 W. Gray St., Norman, OK 73069 Phone: (405) 788-2112 Email: joseph.hill@normnok.gob Contract Term: October 2020 to February 2021 Contract Amount: $4,054,876.00 Description of Work: Removal, reduction, hauling, and final disposal of hazardous trees from ROW. (572,000 CY and 9,995 Hazardous Trees) 5. Iowa Department of Homeland Security and Emergency Management Point of Contact: Jordan Moser – Strategic Planner Address: 6100 NW 78th Ave., Johnston, IA 50131 Phone: (515) 323-4246 Email: Jordan.moser@iowa.gov Contract Term: September 2020 to February 2021 Contract Amount: $7,722,536.00 Description of Work: Reduction of vegetative storm debris. (1,600,00 CY) 26 RFP #24-009 Emergency-Disaster Debris Removal EXHIBIT “C” (page 1 of 2) PROPOSAL FORM FOR RFP #24-009 CITY OF OCOEE EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT Estimated Unit Description Unit Quantity* Price** Total Phase I – collection, hauling to staging site, reduction Loading and Hauling Debris to a TDSR Cubic Yard 360 _______ _____________ (Price to include MOT) Reduction by Grinding at the TDSR Cubic Yard 500 _______ _____________ Reduction by Incineration at the TDSR Cubic Yard 300 _______ _____________ Stumps 24” - 48” Diameter stump removal Each 10 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) > 48” Diameter stump removal Each 5 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) Sweeping Curb and Gutter Hour 16 _______ _____________ Vacuum Inlets Hour 12 _______ _____________ Removal of Hanging Limbs (> 2” @ break) Each 100 _______ _____________ Tree Removal Damaged or leaning Trees with less than fifty (50) percent of their root-ball exposed (Flush cut to ground level.) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Damaged or leaning Trees with greater than fifty (50) percent of their root-ball exposed. (Price includes tree and root-ball removal, and filling of the root-ball hole) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level 3.75 6.95 425.00 565.00 3.00 175.00 225.00 110.00 150.00 200.00 250.00 695.00 150.00 $2,502.00 $1,875.00 $900.00 $4,250.00 $2,825.00 $2,800.00 $2,700.00 $11,000.00 $1,500.00 $1,000.00 $1,250.00 $3,475.00 $1,500.00 RFP #24-009 Emergency-Disaster Debris Removal EXHIBIT “C” (page 2 of 2) 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Loading and Hauling C&D Debris Cubic Yard 270 _______ _____________ White Goods and Hazardous Household Each 20 _______ _____________ Waste Disposal Freon Recovery Unit 10 _______ _____________ Phase II – loading of reduced material, final disposal Loading and Hauling Reductions Cubic Yard 360 _______ _____________ to a Final Disposition Site Disposal/Tipping Fees will be reimbursed at actual cost; do not include in prices. TOTAL PRICE _____________ *Estimated quantities will only be used for evaluating proposals. Quantities are not intended to be an estimate of the actual quantities expected for this work. Payment will be made based on actual units of work performed, as approved by Engineer. ** If a pay item is left blank or N/A is used, the proposal may be declared irregular and the City may reject the proposal. Prospective Respondents are hereby advised that the final price list negotiated between the parties may include additional details, bid items, clarifications, and other information that refine the prices offered in the original proposal. The Bid Form has been structured to allow the comparison of prices among multiple proposals as part of an overall award recommendation process. The actual price list incorporated into the executed contract may differ and may be amended over time by the parties, as needs may dictate, and will not include estimated quantities. Proposer: ____________________________________________ 200.00 250.00 695.00 7.50 30.00 45.00 4.75 $1,000.00 $1,250.00 $3,475.00 $2,025.00 $600.00 $450.00 $1,710.00 $48,087.00 TFR Enterprises, Inc. EXIDBIT "G" DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby cettifies that it has a drug free workplace program. In order to have a drug-free workplace program, a business shall: l.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2.Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4.In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas 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 pruticipation in a drug abuse assistance or rehabilitation program is 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. As the person authorized to sign the statement, I ce1tify that this fim1 complies fully with the above requirements. Bidder: Signature: By: Title: Date: Tipton F. Rowland (Print or Type Name) CEO 07/05/2024 RFP #24-009 Emergency-Disaster Debris Removal EXIDBIT "H" CONTRACTOR E-VERIFY AFFIDAVIT I hereby certify that TFR Enter prises, Inc. [insert contractor company name] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. A true and correct copy of TFR Enterprises, Inc. [insert contractor company name] proof of registration in the E-Verify system is attached to this Affidavit. STATE OF FLORIDA Texas COUNTY OF Williamson Print Na me: Tipton F. Rowland Date: 07/05/2024 The foregoing instrument was acknowledged before me by means of 0physical presence or Donline notarization, this July 05, 2024 (date) by Tipton F. Rowland, CEO (name of officer or agent, title of officer or agent) of TFR Enterprises, Inc. (name of contractor company acknowledging), a TN (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced _________ _ (type of identification) as identification. [Notary Seal] �'°\���!'.�,,� THAYNE ALEXIS TIPTON §'f( .. J�-{�% Notary Public, State of Texas '%,�}-�--:+-�f Comm. Expires 08-29-2027 ,,,,;,�f,t,,' Notary ID 134530881 Thayne Alexis Tipton Name typed, printed or stamped My Commission Expires: 08/29/2027 RFP #24-009 Emergency-Disaster Debris Removal -...J Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date TFR Enterprises, Inc Electronically Signed 303767 02/12/2010 Tiffany J Wilkes Electronically Signed USCIS Verification Division 02/12/2010 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1 site(s) 303767 TFR Enterprises, Inc 721149862 20 to 99 WILLIAMSON 601 Leander Drive Leander, TX 78641 238 EXHIBIT "I" SAM.GOV REGISTRATION INFORMATION In accordance with applicable federal requirements, the City of Ocoee wil I verify all bidders on SAM.gov (System for Award Management) for federal debarment or suspension exclusions as a responsibility determination. The City of Ocoee requires the successful Bidder to register with Sam.gov, if not already registered, prior to execution of this contract. Contractor: TFR Enterprises, Inc. Unique Entity ID (UEI ) number: _P_H _Q_Q_D_U __ 2K_Y_4_J_M_5 __________ _ C AGE Code: 0 R4H 4 -------------------------- Physical Address: _6 _0 _1_L _e_a_n_d_e_r _D_r. _________________ _ Leander, TX 78641 Expiration date of Registration: _0_4_11_0_12_0_2_5 _______ _ RFP #24-009 Emergency-Disaster Debris Removal SAM Registration EXIDBIT "J" BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned, [Company] ____ T_F_R_E_n _te_r_p_r_is_e_s_, _ln_c_. ___ certifies, to the best of his or her knowledge, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this ce11ification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Contractor, [Company] TFR Enterprises, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Cont,Jr:'s Authorized Official Tipton F. Rowland, CEO Name and Title of Contractor's Authorized Official RFP #24-009 Emergency-Disaster Debris Removal EXHIBIT "K" SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to City of Ocoee, Florida by TFR Enterprises, Inc. (Entity) by Tipton F. Rowland, CEO (Print individual's Name & Title) whose business address is 601 Leander Drive, Leander TX 78641 2.I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3.I understand that "convicted" or "conviction" as defined in Paragraph 287 .133( l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4.I understand that an "affiliate" as defined in Paragraph 287.133( l)(a), Florida Statutes, means: a.A predecessor or successor of a person convicted of a pub I ic entity crime: or b.An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The tenn "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5.I understand that a "person" as defined in Paragraph 287.133(l )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6.Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies). RFP #24-009 Emergency-Disaster Debris Removal 1 07/01/2024 Litigation Statement Year Type of Action Title of Action TFR Enterprises, Inc. Status Nature of Action Status 2022 Arbitration In the matter of Arbitration Between Core Tree Care, Inc. vs. TFR Enterprises, Inc. Claimant Payment Dispute- TFR withheld retainage Settlement agreement reached – pending final paperwork 2019 Lawsuit TFR Enterprises, Inc. vs. Florida Department of Transportation, Target Engineering Group, LLC formerly known as Target Engineering Group, Inc. Plaintiff Non-Payment for Services Settled Core Tree Care Core Tree filed this arbitration demand seeking payment of retainage TFR rightfully withheld due to Core Tree’s failure to timely and properly perform and provide the necessary number of trucks related to certain TFR projects with the Florida Department of Transportation. TFR is permitted to withhold retainage to offset the fees and expenses incurred in connection with Core Tree’s failures, which it did. TFR is vigorously defending against this arbitration. The parties have reached a settlement agreement whereby TFR agreed to pay Core Tree $55,250, and the parties canceled the arbitration. TFR is awaiting final paperwork from Core Tree to send the settlement amount to Core Tree. Florida Department of Transportation After repeated efforts to obtain payment for Monitoring-firm issued and signed tickets for a debris removal job contracted by the Florida Department of Transportation, TFR was forced to file suit to protect the interests of its local subcontractors, the Company, and other vendors. Despite repeated requests by TFR to amicably resolve this matter, FDOT provided no reasonable grounds for refusing payment (all payments were for work authorized and completed as evidenced by signed debris tickets or other comparable support). TFR spent almost two years negotiating with FDOT to resolve the nonpayment without the need for formal legal proceedings. TFR only undertook formal legal action after exhausting all other avenues failed and when FDOT refused to resolve this matter in good faith. Settled. 1/30/23, 7:14 AM CMBL/HUB Vendor Detail https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do#1/1 CMBL/HUB Vendor Detail Vendor ID / Vendor Number 1463383578100 / 509129 Vendor Name Lyellco Inc Vendor Address 7503 White Oak Drive Lago Vista, TX 78645 USA County TRAVIS Contact Sharon Lyell Phone/Fax 512-576-3000 / Email Address sharon@lyellco.com Website http://www.lyellco.com Business Description Tree trimming & removal, lot cleaning, debris hauling and bobcat services. Business Category Building Construction, Including General Contractors And Operative Builders (02) Small Business Y Service Disabled Veteran No CMBL Status Inactive ( N -Not on CMBL ) HUB Status Active Bidder ( A-Approved; Active Texas certified HUB ) HUB Expires 27-JAN-2027 HUB Eligibility WO ( American Woman ) HUB Gender F Commodity items shown above are available for district(s) 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25 Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. Please see enclosed 'Snapshot of Equipment' in Section 1. 28.REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Proposer shall complete the following blanks regarding experience with similar type of work. Proposer must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three (3) years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Please see enclosed 'Experience' and 'References' in Section 2. Have you any similar work in progress at this time? Yes ✓No _. Length of time in business 35 years ____ months. Bank or other financial references: Bank: Prosperity Bank, The Woodlands 1-45 Banking Center, 25661 1-45, Woodlands, TX 77380 Surety: Bowen, Miclette, and Britt Insurance Agency, LLC, 2800 North Loop West, Suite 1100, Houston, TX 77092 Auditor: Felipe Sabino, CPA-Van Houten and Associates, PC, 1517 E. Palm Valley Blvd., Round Rock, TX 78664 Insurance: TrueNorth Companies, CA Lie: 0D75414, 500 1st St. SE, Cedar Rapids, IA 52401 (Attach additional sheets if necessary) 29.EXCEPTIONS: List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. None. (Attach additional sheets if necessary) RFP #24-009 Emergency-Disaster Debris Removal 24 Section 5. Approach and Methodology - Mobilization Plan Our team has developed efficiencies to deliver exceptional service while minimizing expenses based on decades of experience working on local, state, and federal contracts. We have years of experience with time-sensitive response efforts and emergency debris removal, employing fast-tracked operations to get the job done. We’re also cognizant that following a disaster event, the local economy will have taken a severe hit and the income of many area residents may be temporarily impacted. Our team makes it a point to hire as many local subcontractors as possible and to purchase products and supplies from local suppliers. Our nationwide subcontractors and vendors have locations across the US and can respond with assets to any disaster nationwide. Our operations manager will call all subcontractors and vendors and place them on 24-hour on-call “standby” and will require them to provide us with a list of available equipment, materials, personnel, and timelines for deployment. Key Advantages of TFR’s Readiness, Transition, and Mobilization Procedures Strategic Planning and Prepositioning Our readiness, deployment, and mobilization plans outline our steps to mobilize and execute under emergency conditions. Pre-Event Monitoring We maintain situational awareness of pending events through continuous monitoring of weather outlets. We begin pre- planning 72 hours before a known projected event will occur. Continuous Training and Exercises We will hold annual in-house training sessions and implement programs based on lessons learned from past events. Subcontracting and Procurement We have built a large database of specialized, pre-qualified subcontractors and vendors that allow us to procure multiple sources for labor, equipment, and required materials. Understanding of Emergency Response Processes We're convinced that, with more than three decades of disaster response experience, we'll exceed the objectives of this RFP. Rapid Deployment Management Team, within 12 hours of receiving NTP, TFR will have our management team on-site. Emergency PUSH Crews, PUSH crews will immediately begin mobilizing upon notice. ROW Debris Removal Crews, hauling operations will begin 24-48 hours from NTP. Hazardous Tree Removal Crews, tree crews will begin 24-48 hours from NTP. Debris Management Site Locating/Set- up, if not previously identified, we will begin locating/site set-up operations immediately following NTP. Establish Temporary Office Location, immediately following NTP, TFR will set up a temporary office or mobilize one of our company-owned command centers. 27 Project Management Approach As Prime Contractor, TFR possesses effective program management systems for overall management, reporting, cost and schedule control, and quality assurance. We have a strong track record on similar contingency contracts with USACE, FEMA, and other Federal agencies that will provide valuable lessons learned to be used when disaster strikes. To expediently serve our clients, our organizational approach features several important organizational initiatives, including an emphasis on logistics, optimized subcontractor teaming with regional and nationwide coverage, a 24/7 response from our home office, and localized, dedicated project support. Managing On and Off-Site Personnel In a disaster, TFR's approach to resource management is to keep the degrees of separation between the operations manager and field personnel as minimal as possible and ensure that the span of control remains manageable. We provide our managers with the authority to make swift decisions in often unforeseen circumstances. These concepts enable us to remain informed of daily operations, maintain efficiencies, and remain agile to adjust to changes. On-Site Management Our team’s proposed key personnel have more than 155 years of debris management experience and are committed to sharing their knowledge and capabilities with our clients and mobilizing within 24 hours of notification. Our team is aware of the issues that may arise in the aftermath of a natural or man-made disaster and is prepared and experienced in dealing with them. The debris team will gain a comprehensive knowledge of project goals beyond what is stated in the written scope of work by coordinating with government and municipal disaster management personnel. Our management structure clearly defines duties and reporting lines for our team and clients. We understand the importance of providing the management team and field personnel with defined roles and a span of control that creates a stable structure for workers functioning in a post-disaster environment. Allowing our personnel to concentrate on specific tasks allows them to focus on the project's objectives and manage them in a way that meets or surpasses all contractual standards set within the scope of work. Daily operations and planning meetings will be attended by all key personnel to convey the status of ongoing operations, quality, safety, and scheduled activities. These meetings are meant to provide for an open discussion of problems as well as an opportunity for attendees to share ideas that will improve efficiency, safety, and quality. Meeting minutes will be kept and made available so that the project status and work assignments may be documented. The project manager will assign specific crews to localities based on the priorities established by the client’s priority routes, debris volume, debris category, disposal options, and available equipment resources. Our team management and integration plan include the following: • Subcontract agreements • Define protocols • Documentation processes Operations Manager Task Order Crews Subs Project Manager 28 • Daily/weekly schedule reviews • Training on quality control, safety, and data reporting • Performance reviews Off-Site Management When multiple missions occur, our program manager will oversee the performance of each operations manager deployed from our corporate office in Leander, Texas. He/she will provide support for subcontracting resources, lodging, fuel, equipment resources, quality control, and health and safety compliance. Quality Control Overview TFR has a strong quality assurance/quality control culture, a tried-and-true corporate quality management system that has been employed in all recent disasters, and a track record of high-quality recovery projects. Our quality assurance team is well-versed in corporate procedures. We confirm that the processes, equipment, and verification testing utilized on a wide range of debris removal and other recovery operations correspond to contracts and task order requirements through 3-phase inspections. (Preparatory Phase, Initial Phase, and Follow-up Inspections), we know that a one-size-fits-all approach to quality control is not realistic, based on lessons learned from previous disaster initiatives. TFR is dedicated to delivering high-quality standards in a cost-effective and timely manner while adhering to government guidelines and regulations. Clean As You Go Policy TFR's “Clean as you go” policy applies to all employees and subcontractors during all phases of work. It is designed to ensure and maintain the cleanliness and safety of each work zone to the highest standard. The policy places the responsibility on all workers to maintain the working environment in a clean, tidy, and safe condition at all times when carrying out duties on each pass as thoroughly as practicable. Safety Overview The safety and health of our employees continue to be the first consideration in the operation of our business. TFR Enterprises, Inc. and its principals are committed to maintaining a safe and healthy workplace for each employee by providing guidelines for safe practices and accident prevention. Safety is considered a condition of employment and is the responsibility of all personnel associated with TFR, whether in the capacity of employee or subcontractor. As a condition of employment, each employee is expected to use safe work practices and identify all unsafe conditions immediately. All employees/subcontractors are required to report any violations, unsafe conditions, or known safety hazards to their immediate supervisors at once. All subcontractors are subject to TFR’s safety and health policy as a condition of the contract agreement. The responsibility for the health and safety of TFR employees’ rests with all levels of management. The specific areas of responsibility are as follows: • Creating and implementing safe and healthy work practices, working conditions, and a safety mindset among all employees. • Appointment of appropriate persons to administer the safety and health program. 29 • Provide a means of collecting, evaluating, and circulating safety and health information, necessary audio-visual aids, and other appropriate materials. • Maintenance of injury and illness recordkeeping systems with periodic review and evaluation. • Inspections of health and safety work practices and conditions in the field on a routine basis, utilizing checklists that will be reviewed with site personnel. • All levels of management and supervisory personnel are committed to the following principles that are the foundation on which the TFR safety and health program is built: ⋅ All injuries and occupational illnesses can be prevented. ⋅ All construction and operating expenses can be reasonably safeguarded. ⋅ Working safely is a condition of employment. Environmental Overview TFR is committed to protecting the environment and preserving the Nation’s historic resources while complying with all applicable Federal environmental and historic preservation laws. The primary potential environmental impacts occur from activities related to debris management sites, individual demolition sites, and transportation activities associated with moving debris and waste along with general transportation activities. A comprehensive Environmental Protection Plan will be prepared and submitted within five days of notice of award. It will identify specific debris management sites and specific impacts associated with the location(s). This includes site-specific information such as depth to the water table, distance to potential receptors and pathways, and the site setting parameters that may be affected by activities such as dust, odor, noise, traffic, etc. Until the specific debris site is identified, the Environmental Protection Plan cannot be finalized. This framework is intended to demonstrate our familiarity with the requirement and our ability to deliver the submittal plan as required. It’s not intended to be a complete or thorough model for the Environmental Protection Plan. Pathways to be evaluated and issues to be addressed in the Environmental Protection Plan: • Air/Dust, Odor, Gases, Smoke • Water/Storm Water Runoff/Erosion Control, Leaching into Water Table • Esthetics & Community Relations -Setbacks, Noise, Traffic, Hours of Operation, Tree Preservation, Site Restoration • Spills and Spill Response Special Considerations: • Wetlands Protection • Ground Water Recharge and Discharge • Aquatic Food Chain Support • Fish and Wildlife Habitat • Fire/Rodent/Wind/Hauling Control Primary considerations also include prevention of soil erosion and sedimentation, improved air quality, reduced noise pollution, energy conservation through site layout and design, protection of privacy by maintaining and establishing buffers between conflicting land uses and maintaining or enhancing habitat for wildlife through final restoration. 30 Project Understanding and Approach This operational plan has been thoroughly vetted over years and years of disaster-related debris management projects. Utilized in Plantation, Florida to smaller projects such as Port Aransas, Texas, the operational plan outlined below maintains the flexibility to administer and complete multiple large-scale projects simultaneously without sacrificing safety, transparency, and performance. In 2020, TFR’s flexible operational plan was tested. With projects spanning Iowa, Oklahoma, Alabama, Mississippi, Texas, and Louisiana TFR operated, funded, and closed out 57 simultaneous projects with a total value of over $76 MIL. Planning and Preparation Preparation is the be-all of good emergency management. As such, TFR offers annual on-site training and tabletop exercises for all clients wishing to participate. Usually lasting 4 to 5 hours, TFR conducts the training service in the months preceding Hurricane Season on simulated events developed by TFR. In the past, we have offered this value-added service to clients to familiarize ourselves with key emergency management officials and local agencies designated to the project. TFR believes understanding the needs of the local officials allows us to tailor-make a debris management plan that best suits the community. With TFR’s expertise and guidance, together, the client and TFR will develop a complete, full-service debris management plan that anticipates encumbrances, highlights transparency, emphasizes expediency, and forces accuracy. The preparation and experience gained during our training exercises will position local officials to respond quickly and realize full FEMA reimbursement. Additionally, by identifying key elements, such as debris management sites and staging locations, TFR can rapidly mobilize to ensure an efficient response immediately following the storm. Monitor The 72 hours before the landfall of a forecasted event is crucial in ensuring an effective response. Typically, 48 to 72 hours before the anticipated impact, members of our contract administration department begin contacting our list of qualified subcontractors, with priority given to those closest to the anticipated strike area and determining their ability to commit, estimated response time if tasked, and access to temporary lodging or fuel sources if required. Simultaneously our fleet manager begins identifying potential resource needs, contacts vendor partners, and notifies the shop manager and operators of potential for deployment. Project managers assist in the securing of subcontractor commitment, in-house labor force availability, and logistic planning for post-storm response. Within 24 to 48 hours of the projected impact, and as the probability becomes less marginal, the previously listed subcontractors are contacted and placed in a standby state. The fleet manager ensures that all operators and support personnel are on standby, and that equipment is prepped and ready for immediate dispatch if needed. During the last 24 hours before the landfill, and upon notification from the customer or our administrative staff’s direction, mobilization of Supporting Communities from the Ground Up Ready With years of experience helping hundreds of customers, TFR offers a deep understanding of the disaster recovery process. We help our clients put together a plan before a disaster strikes so that they will be ready to respond when it does. React TFR hits the ground running as soon as a disaster strike. We can mobilize our expert project managers, crews, and state-of-the-art equipment within hours. Respond TFR carefully coordinates every disaster recovery/debris management plan to meet the needs of the community. Our deep planning and project expertise enable us to provide extremely accurate time/cost estimates and meet or exceed all project expectations. Recover TFR provides support and technical assistance to help clients navigate a complex maze of state and federal public assistance programs, including FEMA reimbursements, to help disaster-impacted communities get back on their feet as quickly as possible. 31 resources will begin. Project management, equipment, and personnel mobilized before landfall will stage at a determined location outside of the impact area and remain in contact with contract administration and the client for instructions on when to proceed. If push crews have been requested, pre-event staging will typically be determined by the contracting agency requesting push assistance. Notice to Proceed Immediately following a notice to proceed, TFR will schedule a kick-off meeting with government officials to discuss our mobilization plan. Mobilization of Personnel and Equipment- Once initial assessments are completed either by the client or TFR, and the need for contract activation is agreed upon, TFR will enter the mobilization phase. During this phase, project managers on the ground will work closely with fleet management at headquarters to coordinate the dispatch of resources. Project managers will take into consideration the magnitude of the event, the services for which TFR is contracted, assessments by the client, in-house assessments, and various other factors when determining the number and type of resources that are required to best serve the client. The timeline for mobilization is typically 24 hours from notice to proceed. Lodging and Life Support Services TFR’s office staff ensures the availability of lodging for field employees, through various means. When available TFR will utilize local hosts such as hotels, Airbnb, VRBO, or similar services. When local resources are unavailable due to being at capacity, power, or water is unavailable, or other circumstances, TFR can dispatch multiple portable housing units. Using company-owned water trucks and on-hand generators, these units can self-sustain for extended periods or until services are restored. Equipment and Personnel Check-In Once the staging area has been determined and resources dispatched, TFR along with the client or monitor firm representing the client will complete the certification process. Each debris hauling unit will be measured for capacity or weight, depending on contractual specifications. Units are assigned a number that is visible on the truck placard for identification and record-keeping purposes. Tree trimming and other specialized equipment will be assigned a number and placard for the purposes mentioned above. This entire process should be thoroughly documented with copies of documentation provided to both the client and contractor. Work Hours For safety purposes, debris removal crews will work 12-hour shifts during daylight hours, seven days a week, unless the contract specifies otherwise. If requested, debris site operations may be conducted 24 hours a day, with adequate lighting and necessary safety precautions in place. Daily Operation Meetings The cornerstone of the debris removal efforts will be daily operating meetings, which will allow employees and subcontractors to identify and address any challenges that may arise during the recovery process. Agenda items may include gathering daily reports, problems encountered in the field, damage claims, additional resources needed, production concerns, and future assignments. The primary purpose of daily meetings will be to promote open lines of communication between TFR staff, adjust daily production as needed, and resolve any issues or damage claims. Open channels of communication have been shown to promote exceptional results and collaboration among project participants. 32 Safety/Toolbox Meetings Our safety manager, Roger Barfield, will conduct monthly safety meetings with our management team to discuss safe working conditions and review job site safety practices. In these meetings, he will review TFR’s corporate position on occupational safety, health, and regulatory compliance. He will also hold weekly group safety meetings and project managers will each hold daily toolbox meetings for debris removal crews, operators, laborers, and support staff to discuss known hazards, analyze near misses, and review any employee safety concerns. Debris Management Operations The devastating remains of a natural disaster can leave a trail of fallen and uprooted trees, branches, hazardous stumps, and other small and large vegetative debris. Construction and demolition debris, as well as specialty wastes, can be found throughout the waste stream. Eligible Debris TFR should only be handling materials that originated from a natural or man-made disaster, the legal responsibility of the client, located on public rights-of-way, and excluding debris from commercial sources and unimproved property. The quality control manager shall train all field personnel on material classifications and any questionable debris shall be addressed immediately. Passes TFR will comply with the number of passes required within the contract. Work Zone Safety and Traffic Control Our corporate safety manager reviews each contract during the kick-off stage. With the scope of work in mind, an initial safety plan is formulated and conveyed to the project managers responsible for field operations. Our project managers are knowledgeable in the standards set forth by the American Traffic Safety Services Association and the Occupational Safety & Health Act. This knowledge is used to identify hazards and means of mitigation. During the hazard identification stage, many factors are taken into consideration. These include but are not limited to overhead hazards, electrical hazards, traffic volumes, pedestrian traffic routes that may be affected, and routing for over-dimensional vehicles. The cumulation of this data results in a complete Job Hazard Analysis, which can be communicated to employees, and implemented to allow for the most productive and safe working environment. Right-of-Way Debris Operations Vegetative Debris Vegetative debris is collected from the public ROW or private property when warranted. Vegetative debris collection crews are under the direction of the project manager on-site and have been fully trained in the identification of eligible vegetative debris and its removal. Routes for collection are assigned based on client priorities and routing logistics. This collection process is documented in its entirety to allow for reimbursement and auditing purposes. The means of the collection will be determined by the geography, access, and quantities of vegetative debris to be removed. C&D Debris Construction and demolition debris that has been placed on the ROW for removal will be removed by our C&D collection crews. As with vegetation crews, these crew members have been fully trained in identifying eligible C&D, the processes involved with its removal, and the hazards associated with it. Routes for collection are assigned based on client priorities and routing logistics. This collection process is documented in its entirety to allow for reimbursement and auditing purposes. The means of the collection will be determined by the geography, access, and quantities of vegetative debris to be removed. 33 Household Hazardous Waste HHW placed on the ROW is segregated from other debris streams and removed by designated debris removal crews. These crews are trained in all applicable EPA or state regulations about the collection and disposal of household hazardous waste. HHW is collected and delivered for final disposal at an approved hazardous waste facility. The collection of HHW may take place in tandem with other debris removal operations, or as a separate pass dependent on the volume of HHW generated. White Goods and Putrefied Foods White goods refer to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as freon or oil, which must be remediated by someone with the appropriate license and certification to do so. These items should be separated at the curbside and delivered to the collection points designated. If they are brought to the debris site for temporary storage, they will be contained in a separate staging area so that they may be inspected and properly cleaned of all chemicals, fluids, and food waste. Electronic Wastes Electronic waste refers to electronics such as computers and televisions, also known as E-waste. E-waste will be segregated from the curbside debris piles and hauled to a designated disposal facility. Vehicles and Vessels Abandoned Vehicles and Vessels will be removed and taken to a temporary staging/storage area. Once at the temporary staging area, VINs and other identifying information are documented and provided to the customer. Further processing or handling of the vehicles and vessels will be determined by the client’s debris management plan, or as directed, by local and state ordinances, securement of ownership laws, hazard abatement laws, and any other applicable regulations. Tires Tires will be collected and transported to a licensed recycling facility. Gasoline Powered Tools Lawnmowers, weed trimmers, chainsaws, and other gasoline-powered lawn equipment that contain fuel, oil, or other hazardous substances will be collected from the curbside and hauled to a central site for processing. They will be cleaned, and the fuel and oil will be removed, recycled, and disposed of properly. Asbestos-Containing Material Any debris removal operations involving ACM shall comply with the regulations set forth by EPA, NIOSH, OSHA, and any local and state regulatory bodies. Any employee, subcontractor, or other agents of TFR Enterprises involved in the removal and/or disposal of ACM shall be properly trained, and certified or licensed to perform the assigned tasks. All documentation will be maintained by the Federal Code of Regulation guidelines. Earthen Debris (Sand, Dirt, Soil) Earthen Debris will be evaluated to first determine whether it is considered contaminated, or non- contaminated. This will be accomplished through means of environmental surveying, soil sampling, and origin determination. If deemed contaminated, the spoils are to be loaded in appropriate hauling units and delivered directly to a legally permitted disposal facility. If determined to be non-contaminated, and of beneficial use, TFR will make good faith efforts to find alternative disposal through means of recycling. 34 Recyclables TFR is a green industry company. The principals of TFR are proponents of recycling whenever possible. As such, TFR utilizes tub grinders, slow-speed shredders, trommels, loaders, and excavators which are used to sort, separate, and reduce vegetative debris to reusable mulch, dirt, metals, and other construction products. Following each disaster event, TFR will make every effort to locate a reusable purpose for this material such as bedding material for plants, ground cover for parks, animal bedding, and reusable energy sources such as boiler fuel for co- generation plants or production mills. In addition to vegetative recycling, every effort is made to keep the metals segregated and clean so that the Ferris and non-Ferris metals can be recycled. In cases of large quantities of mixed debris, a system of separation using a trommel, air curtain burner, picking line conveyor, and tub grinder, can be used which will allow the paper and plastic to be separated, and the clean dirt, rock & concrete, Ferris metals, non-Ferris metals, and clean vegetative debris sorted and piled for recycling. Sources will be sought for the following recyclable material: Asphalt Dirt Roofing Materials Tires C&D E-Waste White Goods Concrete/Aggregate Metals Mulch TFR has vast experience employing recycling activities and maintains established relationships with recycling firms to accept various types of debris. While completing debris reduction of 2,000,000 CYD for the City of Tulsa, TFR loaded the chips on railcars and shipped the excess reduced debris to a Company- owned mulching facility in Leander, Texas. Alternative methods of disposal exist and are well documented by TFR. During Hurricane Ike, storm-generated debris from Polk County was hauled and burned at a local paper mill in Orange County, Texas. This strict commitment to recycling storm-generated debris has benefited both clients and TFR. Reduction Reduction of debris is normally applied to vegetative debris such as brush and tree debris, which is also referred to as “burnable debris”. However, the reduction process can also be applied to some items that are considered non-burnable or construction and demolition debris. This would include such items as household furniture, construction materials such as roofing, and treated timber. This process is applied to reduce the volume of the material that is being landfilled. The economic evaluation of weighing the reduction cost against the unreduced landfill cost will be a factor in determining the feasibility of this approach. The most common methods of reduction are burning, chipping, grinding, and recycling. Open Burning Open burning, although very cost-effective, may not be suitable for urban areas. The feasibility of this method is very dependent on the location and the cleanliness of the debris. Many areas and locations will not permit open burn, particularly in urban environments where heavy smoke can create health and property damage concerns. However, in rural locations, if the debris is clean, there is very little environmental impact, and the resulting ash can remain on the site or be used as a soil additive. Bulldozers and loaders are the primary equipment required to operate an open burn process. Air Curtain Incineration Air curtain incineration is also a very cost-effective method of reducing clean, vegetative debris but with less environmental impact than the open burning method. Air curtain incineration incorporates the use of a TFR Spotlight Bastrop County Wildfire 100% of the mulch created from the grinding of trees was utilized in beneficial reuse or was recycled. 100% of the C&D was recycled. 35 “burn pit” aided by a forced-air blower. The pit can be constructed below or above grade (depending on the water table) and includes a mechanical blower to create constant optimal burn rates and an “air curtain” effect. The air curtain incineration system is a combination of the blower and pit, engineered as a unit to achieve the effect of holding the smoke while feeding air to the fire pit. Since differing site locations contain differing conditions, such as soil composition, water table levels, etc., there are no air curtain incineration systems standards in the industry. In the construction and operation of an efficient air curtain incineration system, special consideration must be given to the following factors: • A setback of at least 100 feet between debris piles and the burn area with a minimum setback from buildings and structures of at least 1,000 feet. • Construction of non-combustible “warning” stop blocks (at least 1 foot in height) for equipment located at the burn pit. • Use limestone (or equal material) for the construction of the “pit” with reinforced earth anchors, or wire mesh to support the loader ramps. • Use clay or limestone to create an impervious layer on the bottom of the pit to prevent the leaching of the ash from the aquifer. This layer shall be at least 1 foot deep and will be regularly inspected and maintained at that depth in the event scraper activity removes part of the layer during operations. • Seal the pit ends at least four feet high. • Pit construction (by this solicitation) shall be 8-9 feet wide, and 14 feet deep. • A 12” dirt seal will be placed on the lip of the burn pit area to seal the lower nozzle. • The blower will be configured to direct the airflow to strike the wall of the pit 2 feet below the edge. Operators will be instructed that the debris should not break the path of the airflow except during dumping. • Equipment used will be tested and adjusted to assure that a minimum nozzle velocity of 8,800 ft/min (100 mph) and a volume of 900 cf/min/linear feet is produced during burn operations. • The length of the pit shall be no longer than the length of the blower nozzle. • The operators shall be instructed to load the pit uniformly along its length. • Operators will also be instructed to extinguish the fire at least 2 hours before removing the ash. • Water trucks will be used to dampen ash residue as well as areas surrounding the burn site. Grinding/Chipping Reduction of debris by chipping and/or grinding is an opportunity to recycle the vegetative debris back to economically beneficial use. However, the overall economic impact of chipping/grinding compared to burning will have to be reviewed before a determination can be made. Grinding/Chipping is the reduction of woody, vegetative debris by cutting and pounding the debris to reduce the woody materials into small pieces or “chips” This method normally produces a reduction of between 3 to 1 and 5 to 1, whereas burning reduces the debris by approximately 95%. However, wood chips can be recycled and used as mulch, fuel, ground cover, and animal bedding to name a few. The availability to recycle the chips would be a significant factor in determining the economic value of chipping/grinding. In the construction and operation of a chipping/grinding reduction operation, special consideration is given to the following factors: • Grinding machines must have a clearance of 300 feet. Warning signs must be stationed around the perimeter of the grinding equipment, warning of possible flying objects from the grinders. • The grinding machines must have screens, which produce chips not exceeding 4 inches in length and ½ inch in diameter. 36 • Liners shall be placed underneath grinders, and other stationary equipment, as a preventative measure against possible leaks or spills exposing the soil and groundwater to contaminants. • Debris must be sorted and cleaned of other contaminants such as metals. • Operators must wear hard hats even in closed cab machines while operating. • Root Rake loaders are used to avoid contaminating the debris entering the grinder with dirt or sand. • Ground debris or mulch shall be stored onsite in piles no higher than 15 feet. Such piles shall not remain on-site for longer than seven (7) days and haul-out procedures shall ensure. Ground debris or mulch is monitored daily for heat and internal combustion. Sand/Soil Screening Pre-screening is required before crushing or production screening occurs because the raw material has a large particle size range. Large pieces of material need to be roughly broken with a jaw crusher. To avoid excessive crushing, small pieces of materials can be directly screened and then enter the subsequent equipment without entering the jaw crusher for crushing. The screening currently is called pre-screening. Adding a screen to the hopper or a special vibrating screen is the ideal pre-screening equipment. A production line screener then processes more than one size of finished products. Therefore, the finished material is screened into a variety of granular products and stockpiled for future use or recycling, which is called independent screening. The linear vibrating screen is often used for independent screening. Debris Site Management Debris Management Site Selection In conjunction with Government Officials, TFR seeks to aid in the selection and qualification of debris management sites. Identification and selection of appropriate sites are vital to the efficiency, cost control, and overall safety of the debris management process. The FEMA Debris Management Guide outlines the selection of a debris management site through the following: • Ownership • Size • Location • Environmental and historic concerns In past planning sessions, TFR and Government Officials have scoured potential areas locating and qualifying numerous sites through a stringent identification process. Examining the layout of the City/County, possible high-volume areas, and environmental impact, TFR and Officials can establish probable locations that best suit the debris management effort. After sites have been identified, historical information is pulled to ensure compliance with the National Historic Preservation Act, and soil and water samples are collected to file with State Environmental Protection Agencies. Coupled with TFR’s unique ability to operate 8 concurrent debris management sites with Company-owned Diamond Z Grinders, the qualification process of logistically, geographically, and environmentally appropriate debris sites is key to the efficient, rapid mobilization effort TFR can offer. 37 Preparation of Debris Management Sites Obtaining and Possessing Necessary Licenses and Permits - The Operations Manager or his designee will investigate the state and local statutory requirements needed to perform the work described in the pre-position planning in the affected areas and determine what permits are necessary to complete the work. Video and/or digital photographs of the site, before the occupation, will be made for the record, in addition to any soil, water, or other test documents. After acquiring all necessary permits and licenses, the Operations Manager and the EHS Manager will then prepare copies of all necessary permits for delivery to Government Representatives. Submittal of Site Plan and Establish Field Offices and Equipment Staging Area - After the approval/assignment by Government Representatives of the DMS, which currently is unidentified, a physical review of the site will be made by the OM, the site manager, and representatives. Within 12 hours of the location and inspection of the site, a final site plan will be submitted for approval. The Site Plan shall reflect:(1) access to the site (ingress, egress) (2) Site preparation-clearing, erosion control, and grading, (3) traffic control procedures, (4) safety, (5) segregation of debris, (6) location of ash disposal area, hazardous material containment area, contractor work area, and inspection tower, (7) location of vegetative debris dump, (8) location of Mixed Debris and C&D dump, (9) Location of Temporary sanitary facilities, (10) location of reduction operations including incineration operations, chipping operations, (11) location of any existing structures or sensitive areas requiring protection from smoke, dust, noise and with awareness to existing traffic conditions (12) location of dump area for debris hauled from the public or haulers other than TFR with traffic patterns reflected for this area. Tasks will then be assigned to construct and establish the required elements of the site, such as the inspection tower, hazardous materials containment area, temporary fencing, etc. For this RFP and the general understanding of the layout offered by TFR, included is a general site plan utilized by TFR on previous projects that directly address the uses outlined above. However, before these site plans can be formally submitted, the necessary soil and water samples will need to be taken, checked, and filed with 38 appropriate Government Agencies and maintained, on hand, at the TFR field office. The site plan will be reviewed and accepted by Government Representatives before DMS accepts storm-generated debris. Hazardous Materials Containment Area – TFR’s employees have been involved in the preparation and construction of many DMS to FEMA/USACE specifications. The Company will have had all necessary tools and supplies shipped from its home office for the first deployment of equipment. Once again, this is done as a safeguard measure if supplies and materials may not be readily available in the area following a disaster event. This Hazardous Materials Containment Area shall be constructed to the specifications outlined in the RFP. Before construction, the site will be graded, and a berm constructed to provide a Hazardous Containment Area that will direct site runoff away from the Hazardous Containment Area. The area shall be 30’x30’. The perimeter shall be lined with hay bales and staked in place. The area shall be lined with a heavy gauge plastic (or tarp for colder climates where plastic may be too brittle) to provide a waterproof barrier. Six inches (6”) of sand shall be spread within the area to provide an additional defense against hazardous leakage while also protecting the heavy gauge plastic against rips and tears. Additional plastic or tarp sufficient to cover the area will be available to prevent rain or snow from entering the containment. Lastly, site runoff shall be redirected away and from the containment area through the utilization of site grading. Additional Construction Procedures that may be necessary are: • The establishment of a lined temporary storage area for ash, fuels, and other materials that could contaminate soil and groundwater. • Construction of temporary fencing around debris material storage areas for segregation and protection from traffic. • Construct non-combustible stop blocks for equipment located at the burn pit. • Establishment of an equipment staging area where equipment can be isolated and inspected regularly for fuel and oil leaks. Describe provisions for a lined area for fueling and equipment repair to protect soils from spills of petroleum products, hydraulic fluids, etc. • Provision of plastic liners under stationary equipment such as generators and mobile light plants. • Construct Roadways Throughout the Site - Traffic will be designed for one way in and one way out to avoid congestion. • Erect Stop, Slow, and Direction Signs for safety and traffic flow. Signs will also be provided at the main entrance with the site name and directions, i.e., Office/Visitor Check-in, visitor parking, truck inspection tower, etc. There will also be signs designating the HTW area, white goods area, first aid area, mixed debris, etc. • Establish a gated entrance for security to the perimeter of the site and a guard building to record visitors and authorized personnel visiting the site. • If necessary, establish a “public” or separate dump area for debris hauled by others with separate traffic patterns and a distinguished and separated (by temporary fencing or other means) perimeter to avoid mixing the debris with the debris hauled by the contractor. Once the Site Plan is approved, the Company will locate its office command center. TFR owns five self-contained command centers constructed on a 45-foot travel trailer. They are inventoried with all needed onsite management, communications, record-keeping, and safety materials. This includes such items as truck tickets, safety forms, identification signage, cellular phone, radio broadcast systems, desktop computer/fax and copying equipment, hard hats, steel-toed boots, flags, safety vests, and other miscellaneous items 39 necessary to the immediate operations. These command centers will be equipped with self-supporting generators and temporary sanitary facilities if not, or until, available on site. DMS Remediation and Restoration In the event of a natural disaster, a Debris Management Site (DMS), usually selected by the government, may be used to process debris before its final disposal. Substantial site preparation may be required such as proper access points of entry, security devices, control gates, fenced storage compounds, adequate internal haul roads, proper erosion, and sediment control fencing, and stormwater retention features, to name a few. If a DMS is required, then TFR will, upon entering each site for the first time, photo-document the existing site conditions using both a video camera and still photographs. At the cessation of DMS operations, all sites will be restored to the satisfaction of Government Representatives/Owners with the intent of maintaining the utility of each site, leaving it unencumbered for future use and safeguarding the environment. Soil and water samples will be taken and compared to pre-work samples to ensure that TFR operations have not negatively affected the environment. Other factors that are considered during the remediation process are: • All pre-existing grades including roads, ditches, etc. will be restored to the satisfaction of the customer before the final closure of each site. • Areas where soils were excavated (e.g., ditches and retention ponds) or stockpiled (e.g., berms) will also be restored to pre-existing grade before vacating each site. • Pre-construction drainage patterns will also be restored, as well as all improvements (e.g., trailers, fencing, construction entrances, and built-up aggregate haul roads) will be removed from each DMS unless otherwise instructed by the Government’s Representative. Upon completion of the above remediation tasks, TFR will photo-document site conditions using both video cameras and still photographs. As done with the water and soil samples, the post-work photos will be compared to pre-work photos to ensure that the site was remediated to its original condition. Disposal Vegetative Debris Vegetative Debris is burnable debris and can be reduced by either incineration or by chipping/grinding. If reduced by incineration, the estimated reduction rate is 95% and leaves the ash residue to be hauled off and disposed of. If reduced by chipping/grinding, the reduction rate is estimated at only 60%-75%, however, the by-product, mulch, can be recycled. The vegetative debris may become mixed with earth materials such as dirt, gravel, rock, or sand during the disaster. Root rakes are employed to shake and separate the brush and vegetative debris before it is reduced. Sometimes shaker screens or trommels are necessary to separate the earthen debris before reducing it. C&D Debris C&D Debris is non-burnable, non-recyclable debris that will eventually be delivered to a landfill. Samples of this type of debris include mattresses, clothing, household garbage, concrete, asphalt, metals, plastics, manufactured furniture, building components, etc. Parts of this material, if well separated, can be reduced by grinding before the landfill, to reduce the cost of hauling and tipping fees (if charged by volume). Other parts, such as metal can be recycled if well separated and cleaned. Household Hazardous Waste Household Hazardous Waste (HHW) is debris such as household chemicals, pesticides, unidentified liquids, paint, batteries, etc. As mentioned earlier, the primary goal is to separate this material on the curbside and pick it up separately by a designated HHW crew. These items are then delivered to the permitted collection points previously located. However, if HHW inadvertently becomes co-mingled with other debris and enters the site, it is separated from the other debris and placed into a Hazardous Containment area on the site for further disposal by those licensed to handle and dispose of this type of debris. 40 White Goods White Goods refer to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as freon or oil, which must be remediated by someone with the appropriate license and certifications to do so. These items should be separated at the curbside and delivered to the recycling facility previously located. If they are brought to the site for temporary storage, they will be contained in a separate staging area so that they may be inspected and properly cleaned of all chemicals or fluids before being recycled. Electronic Waste Electronic waste refers to items such as computers, televisions, printers, and scanners that will be contained in a separate staging area and then transported to a previously identified recycling facility. Vehicles and Vessels Abandoned Vehicles and Vessels will be removed and taken to a temporary staging/storage area with controlled access. Once at the temporary staging area, VINs and other identifying information are documented and provided to the customer. Further processing or handling of the vehicles and vessels will be determined by the client’s debris management plan, or as directed, by local and state ordinances, securement of ownership laws, hazard abatement laws, and any other applicable regulations. Putrefied Foods Handling of putrescent waste will be managed to minimize employees’ exposure during the removal and transport to a permitted solid waste disposal facility. Tires Tires will be collected and transported to a licensed recycling facility. Gasoline Power Tools Gasoline Power Tools will be transported to a scrap metal processing facility. Asbestos-Containing Materials Any employee, subcontractor, or other team members of TFR Enterprises involved in the disposal of ACM shall be properly trained, and certified or licensed to perform the assigned tasks. This material will be loaded for transport in an approved, lined, and sealable container. The material is then delivered to the pre-determined final disposal facility, permitted for receiving asbestos-containing materials. TFR will adhere to all regulations set forth by EPA, NIOSH, OSHA, and all local and state regulatory bodies. Documentation relating to these activities will be retained by the Federal Code of Regulations. Soil, Mud, and Sand If deemed contaminated, the spoils are to be loaded in appropriate hauling units and delivered directly to a legally permitted disposal facility. If determined to be non-contaminated, and of beneficial use, TFR will make good faith efforts to find alternative disposal through means of recycling, such as local soil suppliers as usable material, land clearing companies for fill material, or local construction companies for land improvement purposes. Other Support Services Demolition TFR has the experience of managing and performing several demolition services including full demolition, basement and foundation removal, blight property abatement, and much more. An experienced member of our project management team will evaluate the site and determine the services needed. When applicable we will cooperate with the customer to perform soil sampling, asbestos testing, or other necessary preliminary studies. Utilities will be located and verified as disconnected. Once testing is complete and any remediations have concluded, e.g., asbestos siding removal, runoff protection installation, and well/ water pipes capped, demolition of the structure commences. The means of demolition are determined by many factors such as site access, the risk 41 to surrounding property, material being demolished, or dust control necessary surrounding the work area. Demolition crews are trained and operate under the standards set forth by the Occupational Safety and Health guidelines. Private Property Debris Removal Private property debris removal must present an immediate health and safety threat to the public before it is reimbursed under the Public Assistance Program. This is typically the responsibility of private property owners, however, if the debris poses a threat to the public at large and the property owners are unavailable the state or local municipalities may need to enter onto private property to alleviate the immediate threat. Hazardous Limb Removal Hazardous limb removal work shall consist of the removal and disposal of storm-damaged limbs that are: • Imminent and impending peril to the public • Greater than 2” in diameter at the point of breakage • Broken and still attached to the tree. The resulting debris will be collected from the grounds and hauled by normal debris collection standards. Hazardous Tree Removal Unstable and leaning trees along a public ROW or within a naturalized area, such as public parks or golf courses, are eligible for removal. The Sub-Grantee may choose to attempt to save the tree through straightening and bracing if the cost of repair is less than the removal and disposal. A tree is deemed hazardous and eligible for removal if: • The tree is an immediate threat to public health and safety or improved property. • It has a DBH of 6” or greater. • AND one or more of these criteria: 50% or more of the crown is damaged or destroyed. A split trunk or broken branches that expose the heartwood. Fallen or uprooted within a public use area. Leaning at an angle greater than 30 degrees After a tree has been deemed eligible and scheduled for removal, TFR tree crews will discuss a tree-specific removal plan to ensure a safe, proper felling operation, considering: • Surrounding area for anything that may cause trouble when the tree falls. • The shape of the tree, the lean of the tree, and decayed or weak spots. • Wind force and direction • Location of other people • Electrical hazards Once the tree crew has identified a tree-specific removal plan, the following procedures shall take place: • The employee shall work from the uphill side whenever possible. • Before felling operations, the work area shall be cleared to permit safe working conditions and an escape route shall be planned. • Each worker shall be instructed as to exactly what he/she is to do. All workers not directly involved in the operation shall be kept clear of the work area. • Before starting to cut, the operator shall be sure of his/her footing and must clear away brush, fallen trees, and other materials that might interfere with cutting operations. • A notch and back cut shall be used in felling trees over 5 inches in diameter measured at breast height (DBH). No tree shall be felled by “slicing” or “ripping” cuts. 42 • The depth of penetration of the notch shall be about one-third the diameter of the tree. The opening or height of the notch shall be about 2.5 inches for each 1 ft. of the tree’s diameter. The back cut shall be made higher (approximately 2 inches) than the base of the notch to prevent kickback. • The resulting notch shall be flush cut to the ground. Hazardous Stump Removal The removal of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires unique documentation and costing to realize full reimbursement, and meet the following criteria: • 50% or more of the root ball exposed. • Greater than 24” in diameter, as measured 24” above the ground. • Located on public property or a public ROW. • Immediate threat to public health and safety Documentation Process, Procedures, and Data Management TFR Enterprises, Inc has developed a Disaster Debris Data Management System (DDD) used for creating, gathering, managing, and retaining all project information for all stakeholders involved in each debris mission. This disaster-specific debris management system includes documents, processes, and procedures that ensure accurate and timely invoices, subcontractor payments, and client reimbursement. These processes are specific to FEMA documentation compliance and employ quality controls to ensure accuracy with a goal of zero defects. Material Tracking and Quantification There are three critical data management forms used for material tracking and quantification: 1. Truck Certification forms which certify and measure each hauling unit. The certified truck number and measured hauling capacity are transferred onto a Placard which is affixed to each haul unit at the beginning of the job. 2. Load tickets for quantifying the right-of-way Debris Collection 3. Unit tickets for documenting Hazardous Leaners and Hangers (tree trimming and removal) A truck certification form is a form used at the beginning of the project that documents all hauling units and their precise measurements calculated and recorded in unit measure Cubic Yards. The client or its contracted monitoring company performs this certification. This is a critical step at the beginning of operations that records all truck- specific information including assigning a unique truck number or unit number sometimes referred to as a placard number, the truck owner or subcontractor contact information, legal state vehicle registration, and measured capacity in cubic yards. Proof of liability insurance for that specific vehicle is also validated at this time. Some of this information is then transferred to a placard and affixed onto each haul unit identifying 3 key items: Truck number, the Measured Capacity of the unit, and the Contract Name (Applicant/Client). These placards are then used by the monitors to document the hauling operations onto haul tickets. TFR scans the certification along with the photographs of each unit and driver information for that vehicle into our DDD system and it is downloaded into our database. When documenting the right of way debris removal operations, and Hazardous Leaners and Hangers there are two different methods for capturing and documenting the unit data of the work being performed in the field: hand- written paper tickets or ADMS (Automated Data Management System) tickets using handheld units such as smartphones or tablets. Both methods are provided by either the client’s personnel, if self-monitoring the project, or by monitoring company personnel selected and hired by the client. Load tickets allow all applicants or recipients to document billable activities accurately during the debris mission and are submitted to FEMA as required documentation. The following data is collected on the paper haul tickets: 43 Ticket number Load Date Load Time Material Type Pickup location or origin or GPS Contractor Name Truck number Driver Name Certified Capacity of Truck Load Call % (if applicable) Net Cubic Yards Delivered (CY or Tons) Destination of Material Landfill Disposal ticket number (if applicable) Monitor Name and Signature Similar information is collected on the Hazardous Leaner/Hanger tickets but includes Tree, Stump, or Hanger Qty and Diameter instead of truck capacity and load call and must include GPS coordinates and be accompanied by before and after photo representation. ADMS Technology (Automated Data Management Systems) is an electronic means of capturing data on all operations in the field. ADMS technology uses handheld units such as smartphones, tablets, or other portable hardware. The field monitors capture all pertinent data with these devices including date, time, truck number, capacity, debris type, and pick-up location (with GPS coordinates), and these units typically can take photographs documenting the operations. Load quantities will be verified and "scored" or "called" by tower monitors at DMS or final destination sites. Once the official call is recorded onto the "open" load ticket, and a validation signature is executed by the tower monitor, the ticket is “closed” and carbon copies of the ticket are distributed as follows: one copy to the truck driver, one copy to the TFR Enterprises, Inc Project manager, two copies to the monitoring firm (one for monitor and one for client). Having 5-part tickets ensures that proper reconciliation is done between the Prime Contractor, Sub- contractors (if any), the monitoring company, and the Client to maintain the integrity of the processes and to follow FEMA guidelines. TFR Data Processing. All recorded load tickets are scanned every day at our field office and downloaded into our debris database. Quality control procedures are completed on the data to ensure no duplicate tickets are entered and each ticket line is checked through programming to ensure that the measured capacity of the trucks, from the truck certifications, is correct on each ticket. The data is then reconciled with each of our subcontractor invoices to ensure data matches and is approved through our debris data management system. This process is only used with the hand-written paper ticket method, it is eliminated when an ADMS system is utilized. These procedures incorporate multiple types of billing items to include several units of measure such as “Cubic Yard”, and “Ton” for right-of-way hauling items such as vegetative, C&D, sand, water-way debris removal, a unit of measure “each” for hazardous tree removal, hazardous hanging limbs (hanger), white goods, e-waste, vessels, abandoned vehicles, etc.) as well as “Hours/Days” for emergency debris clearance or 72-hour push. These items are the basis for customer invoicing as well as subcontractor payments. Customer Invoicing. TFR will invoice using this data per the contract’s applicable invoicing cycles: weekly, bi- weekly, monthly, etc.). TFR will not invoice for duplicate tickets or debris collected off the designated right-of- way. In the unlikely event, a duplicate ticket is invoiced, TFR will immediately revise and resubmit the invoice. 44 These procedures adhere to FEMA and FHWA guidelines and Record Retention and Access (2 C.F.R. 200.333- 337) regulations and will maintain records for a minimum of seven years (TFR exceeds these guidelines and retains these records for 10 years). These processes are well-vetted, have been improved upon over the last 32 years, and ultimately streamline our subcontractor invoice approval and payment process as well as increase the speed and accuracy of our reconciliation and invoicing to the Client. Each invoice will be accompanied by excel spreadsheets exported from our debris data management system and will include all pertinent data from each load ticket from the period of each invoice and will comply with FEMA guidelines for reimbursement. Subcontractor Data Management and Weekly Payments The above-described data management processes are used for managing subcontractor data. TFR’s typical workweek is Monday through Sunday unless specified otherwise by contract. Sub-contractors email weekly invoices to TFR’s Project Administration team the week following the workweek for reconciliation. Reconciliation is done quickly using TFR’s debris data management system and any discrepancies are sent to the subcontractor until completely reconciled. Payment for each week is made the second Friday after the workweek ends. The TFR Project Administration team sends a weekly Partial Payment and Release to the sub-contractors for signature before payment is made. This Payment release is accompanied by a spreadsheet that includes all tickets that are included in that week’s payment. The subcontractor’s signature on the release warrants four critical items: a) Covenants and warrants that all labor, materials, equipment, services, and other items, including without limitation, all payroll, sales, and privilege taxes furnished under the above subcontract or purchase order(s) have been paid for, and b) Releases TFR Enterprises, Inc., Project Owner, and Project Prime Contractor from all claims whatsoever arising out of or relating to the subcontract or purchase order, and c) Waives any lien rights concerning the project to the extent of payments received and, d) Agrees to indemnify TFR Enterprises, Inc., Project Owner, and Project Prime Contractor against any claim or lien asserted through or under the undersigned concerning the project. TFR Enterprises, Inc., has prepared and submitted invoices with backup documentation for, and received payments of over $240,000,000 over the past 5 years and made subcontractor payments of over $125,000,000 on more than 100 individual municipal FEMA-reimbursed disaster debris management contracts. TFR’s extensive FEMA experience, thorough understanding of FEMA guidelines and procedures, and reporting and payment processes allow for successful reimbursement to our customers. TFR’s thoroughly vetted data management system results in the successful completion of FEMA reimbursements and audits. Pre-Event Assistance - TFR can guide the development of debris management plans. Coordinate annual readiness (kick-off) meetings after the award. Assist in locating and pre-approving temporary debris management sites with the appropriate authorities (i.e., Department of Environmental Quality, etc.) Post-Event Assistance - Provide guidance and assistance with debris volume assessments post-storm. Attend kickoff meetings and subsequent meetings. Provide daily progress reports. Assist with Public Announcements. Provide client-requested reports. Keep in constant communication with the client on all debris operations and provide supporting data for FEMA reimbursement. 45 Documentation Process, Procedures, and Data Management System TFR Enterprises, Inc. has developed a Disaster Debris Data Management System (DDD) used for creating, gathering, managing, and retaining all project information for all stakeholders involved in each debris mission. This disaster-specific debris management system includes documents, processes, and procedures that ensure accurate and timely invoices, subcontractor payments, and client reimbursement. These processes are specific to FEMA documentation compliance and employ quality controls to ensure accuracy with a goal of zero defects. Material Tracking and Quantification There are three critical data management forms used for material tracking and quantification: 1. Truck Certification forms which certify and measure each hauling unit. The certified truck number and measured hauling capacity are transferred onto a Placard which is affixed to each haul unit at the beginning of the job. 2. Load tickets for quantifying the right-of-way Debris Collection 3. Unit tickets for documenting Hazardous Leaners and Hangers (tree trimming and removal) A truck certification form is a form used at the beginning of the project that documents all hauling units and their precise measurements calculated and recorded in unit measure Cubic Yards. The client or its contracted monitoring company performs this certification. This critical record at the beginning of operations records all truck-specific information, including assigning a unique truck number or unit number sometimes referred to as a placard number, the truck owner or subcontractor contact information, legal state vehicle registration, and measured capacity in cubic yards. Proof of liability insurance for that specific vehicle is also validated at this time. Some of this information is then transferred to a placard and affixed onto each haul unit identifying 3 key items: Truck number, the Measured Capacity of the unit, and the Contract Name (Applicant/Client). These placards are then used by the monitors to document the hauling operations onto haul tickets. TFR scans the certification along with the photographs of each unit and driver information for that vehicle into our DDD system and it is downloaded into our database. When documenting the right of way debris removal operations, and Hazardous Leaners and Hangers there are two different methods for capturing and documenting the unit data of the work being performed in the field: hand-written paper tickets or ADMS (Automated Data Management System) tickets using handheld units such as smartphones or tablets. Both methods are provided by either the client’s personnel, if self-monitoring the project, or by monitoring company personnel selected and hired by the client. Load tickets allow all applicants or recipients to document billable activities accurately during the debris mission and are submitted to FEMA as required documentation. The following data is collected on the paper haul tickets: • Ticket number • Load Date • Load Time • Material Type • Pickup location or origin or GPS • Contractor Name • Truck number • Driver Name • Certified Capacity of Truck • Load Call % (if applicable) • Net Cubic Yards Delivered (CY or Tons) • Destination of Material • Landfill Disposal ticket number (if applicable) • Monitor Name and Signature 46 Similar information is collected on the Hazardous Leaner/Hanger tickets but includes Tree, Stump, or Hanger Qty and Diameter instead of truck capacity and load call and must include GPS coordinates and be accompanied by before and after photo representation. ADMS Technology (Automated Data Management Systems) is an electronic means of capturing data on all operations in the field. ADMS technology uses handheld units such as smartphones, tablets, or other portable hardware. The field monitors capture all pertinent data with these devices including date, time, truck number, capacity, debris type, and pick-up location (with GPS coordinates), and these units typically can take photographs documenting the operations. Load quantities will be verified and "scored" or "called" by tower monitors at DMS or final destination sites. Once the official call is recorded onto the "open" load ticket, and a validation signature is executed by the tower monitor, the ticket is “closed” and carbon copies of the ticket are distributed as follows: one copy to the truck driver, one copy to the TFR Enterprises, Inc Project manager, two copies to the monitoring firm (one for monitor and one for client). Having 5-part tickets ensures that proper reconciliation is done between the Prime Contractor, Sub-contractors (if any), the monitoring company, and the Client to maintain the integrity of the processes and to follow FEMA guidelines. TFR Data Processing. All recorded load tickets are scanned every day at our field office and downloaded into our debris database. Quality control procedures are completed on the data to ensure no duplicate tickets are entered and each ticket line is checked through programming to ensure that the measured capacity of the trucks, from the truck certifications, is correct on each ticket. The data is then reconciled with each of our subcontractor invoices to ensure data matches and is approved through our debris data management system. This process is only used with the hand-written paper ticket method, it is eliminated when an ADMS system is utilized. These procedures incorporate multiple types of billing items to include several units of measure such as “Cubic Yard”, and “Ton” for right-of-way hauling items such as vegetative, C&D, sand, water-way debris removal, a unit of measure “each” for hazardous tree removal, hazardous hanging limbs (hanger), white goods, e-waste, vessels, abandoned vehicles, etc.) as well as “Hours/Days” for emergency debris clearance or 72-hour push. These items are the basis for customer invoicing as well as subcontractor payments. Customer Invoicing. TFR will invoice using this data per the contract’s applicable invoicing cycles: weekly, bi-weekly, monthly, etc.). TFR will not invoice for duplicate tickets or debris collected off the designated right-of-way. If a duplicate ticket is invoiced, TFR will immediately revise and resubmit the invoice. These procedures adhere to FEMA and FHWA guidelines and Record Retention and Access (2 C.F.R. 200.333-337) regulations and will maintain records for a minimum of seven years (TFR exceeds these guidelines and retains these records for 10 years). These processes are well-vetted, have been improved upon over the last 34 years, and ultimately streamline our subcontractor invoice approval and payment process as well as increase the speed and accuracy of our reconciliation and invoicing to the Client. Each invoice will be accompanied by Excel spreadsheets exported from our debris data management system and will include all pertinent data from each load ticket from the period of each invoice and will comply with FEMA guidelines for reimbursement. Subcontractor Data Management and Weekly Payments The above-described data management processes are used for managing subcontractor data. TFR’s typical workweek is Monday through Sunday unless specified otherwise by contract. Sub-contractors email weekly invoices to TFR’s Project Administration team the week following the workweek for reconciliation. Reconciliation is done quickly using TFR’s debris data management system and any discrepancies are sent 47 to the subcontractor until completely reconciled. Payment for each week is made the second Friday after the workweek ends. The TFR Project Administration team sends a weekly Partial Payment and Release to the sub-contractors for signature before payment is made. This Payment release is accompanied by a spreadsheet that includes all tickets that are included in that week’s payment. The subcontractor’s signature on the release warrants four critical items: a) Covenants and warrants that all labor, materials, equipment, services, and other items, including without limitation, all payroll, sales, and privilege taxes furnished under the above subcontract or purchase order(s) have been paid for, and b) Releases TFR Enterprises, Inc., Project Owner, and Project Prime Contractor from all claims whatsoever arising out of or relating to the subcontract or purchase order, and c) Waives any lien rights concerning the project to the extent of payments received and, d) Agrees to indemnify TFR Enterprises, Inc., Project Owner, and Project Prime Contractor against any claim or lien asserted through or under the undersigned concerning the project. TFR Enterprises, Inc., has prepared and submitted invoices with backup documentation for, received payments of over $240,000,000 over the past 5 years, and made subcontractor payments of over $125,000,000 on more than 100 municipal FEMA-reimbursed disaster debris management contracts. TFR’s extensive FEMA experience, thorough understanding of FEMA guidelines and procedures, and reporting and payment processes allow for successful reimbursement to our customers. TFR’s thoroughly vetted data management system results in the successful completion of FEMA reimbursements and audits. Pre-Event Assistance - TFR can guide the development of debris management plans. Coordinate annual readiness (kick-off) meetings after the award. Assist in locating and pre-approving temporary debris management sites with the appropriate authorities (i.e., Department of Environmental Quality, etc.) Post-Event Assistance - Provide guidance and assistance with debris volume assessments post-storm. Attend kickoff meetings and subsequent meetings. Provide daily progress reports. Assist with Public Announcements. Provide client-requested reports. Keep in constant communication with the client on all debris operations and provide supporting data for FEMA reimbursement. 48 Experience with FEMA Reimbursement TFR possesses an intimate understanding of the FEMA & FHWA funding and reimbursement process. ALL TFR CLIENTS HAVE RECEIVED 100% OF THEIR ELIGIBLE REIMBURSEMENT. TFR HAS NEVER HAD A SINGLE DOLLAR DEOBLIGATED BY FEMA or the FHWA. We understand that our client’s reimbursement is directly correlated to their ability to pay TFR and we work with our clients to ensure this process is as fast and efficient as possible. TFR personnel have conducted over 450+ federally funded projects and have gained invaluable experience and familiarity with the FEMA recording and reimbursement process conducted under the federal Public Assistance Program. With no turnover in our key personnel for the past ten (10) years, our employees have been working as a cohesive team to confront FEMA issues and ensure the reimbursement of our clients for 34 years. Sharon Lyell, our operations manager, in conjunction with Tiffany Jean, contract manager, leads our FEMA Compliance Team in all disaster-related projects. Our FEMA Compliance Team is deeply vetted in FEMA management and operational styles, and NEVER has TFR, or its officers, had a disputed claim for FEMA reimbursement. These individuals are familiar with and aware of the federal guidelines for independence in accountability and reporting as well as recognizing that it cannot perform or assume the sovereign duties of the government officials. However, this does not preclude TFR from offering guidance to aid our clients in complying with the federal Public Assistance Program. FEMA Compliance Team Spotlight FEMA Training Courses Independent Study Course Codes: 1,5,10,11,15,18,19,20,21,27,29,30,35,37,42,45,60,61,62,63,64,66,75,100,101,102,103,107,120,130, 144,156,158,162,200,200.C,201,212,215,216,230,235,240,241,242,244,245,253,271,279,289,293,302, 315,317,321,322,323,324,325,326,559,632,633,650,660,700,700.B,703,706,727,772,800,815,904,905, 906,907,908,909,913,915,916,1000,1001,1004,1013,1150, and 2200. 49 TFR has had an initiative-taking approach to debris cleanup since Hurricane Andrew (DR-955-FL) in 1992. Implementing a comprehensive, efficient debris management plan that keeps operational flexibility to solve problems as they arise is critical to the project's success and our client's receipt of full FEMA reimbursement. After developing a debris management strategy, we strongly advise submitting it to FEMA for approval, which will alleviate any anxiety about FEMA acceptance following a disaster event. Recent Performance on Major Disaster Declarations Year Client Major Disaster Declaration 2023 Florida Department of Transportation Florida Hurricane Idalia, DR-4734-FL 2023 Florida Department of Environmental Protection Florida Hurricane Idalia, DR-4734-FL 2023 City of Jacksonville Arkansas Severe Storms and Tornadoes DR-4698-AR 2023 City of Round Rock City of Leander City of Cedar Park City of Lago Vista City of Sunset Valley Williamson County Texas Severe Winter Storm, DR-4705-TX 2022 Florida Department of Environmental Protection City of Lake Mary Lake County State College of Florida Manatee Florida Southwestern State College Florida DOT- District 02 Florida Hurricane Ian, DR-4673-FL 2021 City of Bogalusa Town of Madisonville Village of Folsom Louisiana Hurricane Ida, DR-4611-LA 2021 Kentucky Transportation Cabinet Boyd County Kentucky Severe Winter Storms, Landslides, and Mudslides, DR-4592- KY 2020 City of Choctaw Oklahoma City City of Enid City of Blanchard City of Norman Oklahoma Severe Winter Storm, DR-4575-OK 50 City of Ocoee Re: RFP #24-009 Emergency-Disaster Debris Removal Electronic: Via Bonfire CrowderGulf is pleased to submit the enclosed proposal as a firm and irrevocable offer in response to the bid referenced above. We want to express our desire to enter into an agreement with the City of Ocoee for Emergency Disaster Debris Removal and Disposal Services. We believe we are the best company to provide the City with the requested services based on our personal experience, and our many years of experience and capabilities as synopsized below and demonstrated in the attached proposal. CrowderGulf is a national full-service debris management firm with nearly fifty-five (55) years’ experience in helping communities like the City of Ocoee respond to and recover from disasters. Having managed successful debris clean-up operations in seventeen (17) states, including Florida, we have developed one of the most capable recovery management teams in the Country. Our disaster experience includes the completion of over five hundred (500) disaster recovery projects and success in removing, reducing, and disposing of over four hundred (400) million cubic yards of debris and is testament to our ability to meet the scope of work established by the City of Ocoee. Highlights of Past Projects in Florida • 2022 Hurricane Ian (FL) - 38 Florida Activations – $290,220,471+ Invoice Amount (ongoing) – 19,404,863 Total Event Cubic Yards - Removed over 40% of Ian debris by volume in the State of Florida - 2023 APWA Award of Excellence • 2018 Hurricane Michael (FL, GA) - 16 Florida Activations – $252,281,133 Invoice Amount – 12,256,345 Total Event Cubic Yards - 18 Additional Activations in North Carolina (Hurricane Florence) • 2017 Hurricane Irma (FL) - 67 Florida Activations – $202,277,038 – Invoice Amount – 10,047,423 Total Event Cubic Yards - 26 Additional Activations in Texas (Hurricane Harvey) - American Public Works Association – 2018 Contractor of the Year (City of Punta Gorda, FL) • 2016 Hurricane Matthew (SC, FL, VA, NC, GA) - 39 Activations - $82,267,725 Invoice Amount - 5,675,560 Total Event Cubic Yards CrowderGulf’s management team includes previous FEMA Directors, Emergency Managers and qualified Debris Specialists with 40+ years of training and "boots on the ground" field experience. You will find our team fully knowledgeable in all aspects of debris removal from operational methodology to quality control and FEMA public assistance reimbursements. We recognize that an efficient, orderly, and safe debris management operation can only be achieved by experienced on -site personnel. Our key management and field staff have obtained numerous FEMA and OSHA certifications in emergency management, safety and environmental compliance and remain with you from contract activation to closeout. The knowledge and experience of the CrowderGulf management team, coupled with our personal inventory of heavy equipment and extensive framework of dedicated subcontractors, has meant that every project has been completed successfully and within contract timelines. Our team is dedicated to following FEMA Public Assistance Program and Policy Guidelines and meeting 2 CFR requirements. Our experience enables us to assemble uniquely trained and experienced project teams and match specialized equipment and resources with project execution requirements. We believe training and pre-planning are keys to a successful debris removal operation. CrowderGulf provides pre-planning and training to our clients free of charge throughout the contract term. CrowderGulf is committed to responding to any event in the City of Ocoee regardless of size or type, with utmost promptness. Don Madio, Florida Regional Director, is a seasoned member of the CrowderGulf team. He is a long time Florida resident and has first-hand experience working disaster declarations within the State of Florida. Joe Hayes, Regional Manager and Senior Project Manager has also been assigned to meet the needs and requests of the City throughout the year and is a lifelong resident of Palm Beach County, Florida. Don and Joe have been at the forefront of CrowderGulf’s Florida Activations, most recently directing extensive statewide debris removal operations after Hurricanes Ian and Idalia. In the last seven years, the CrowderGulf Flori da Regional Management Team has overseen the removal and disposal of over forty-five (45) million cubic yards of disaster debris in the State of Florida since 2016. Both he and Don can provide valuable knowledge and experience with an inherent commitment and dedication to the City of Ocoee. Page 2 Additionally, Sam Roberts, Project Manager has been assigned to the City of Ocoee for field operations in future responses supporting the City. Sam has extensive experience in managing disaster debris removal operations, most notably, in the complex operational environments that comprise Central Florida. This operational experience and knowledge includes dedicated service to the City after Hurricane Ian’s widespread impacts in 2022 and numerous additional debris responses across the Southeastern U.S. Don Madio can be reached at 813-285-8749 or dmadio@crowdergulf.com and Joe Hayes can be reached at 561-315-1360 jhayes@crowdergulf.com or, you may contact the CrowderGulf Disaster Assistance Office (DAO) at 1-800-992-6207. Financial strength is one of the most important aspects for the City of Ocoee to consider when selecting a debris contractor. Following a major disaster, the City’s financial burdens could be substantial. It is important to have a financially strong disaster - experienced contractor, such as CrowderGulf, that will work to get the job completed, regardless of any delays in invoice payments. CrowderGulf’s financial stability is solid and reliable and over the years we have established an excellent line of credit with our financial institution. We have always paid our subcontractors and personnel weekly. This ensures that we are able to provide the very best subcontractors for the City and are able to secure additional qualified subcontractors to fulfill any concurrent contracts. CrowderGulf has always met all financial obligations without interruption. AGGREGATE BONDING CAPACITY $ 1,000,000,000 SINGLE BONDING CAPACITY $ 250,000,000 OTHER AVAILABLE FUNDING $ 150,000,000 CrowderGulf maintains all required insurances such as General Liability, Personal Injury, Workers Compensation, Automobile/Equipment Liability, as well as Maritime Insurance. Additional information regarding insurance has been presented with our proposal response. CrowderGulf has encountered and successfully handled everything within the City of Ocoee’s Scope of Work identified in the RFP. This includes removal of eligible disaster-related vegetation, construction & demolition (C&D), hazardous waste, white goods, e-goods, stump removal, marine debris removal, debris reduction and disposal etc. Details of our abilities are summarized in our Past Performance in the attached proposal. Our Disaster Management Services include the following: We greatly appreciate the opportunity to submit this proposal. We assure you that our professional disaster debris team will continue to exceed the expectations of the City of Ocoee. We will be pleased to provide any additional information that would assist the City in its deliberations and look forward to your favorable response. As the President of CrowderGulf, I attest that this proposal is presented in fairness and in good faith without collusion or fraud and I, Ashley Ramsay-Naile, have the authority to bind CrowderGulf in all transactions relative to the award of RFP #08-24. In addition, Reid Loper, Vice President, also has the authority to bind the company. Best Regards, Ashley Ramsay-Naile, President jramsay@crowdergulf.com / knoll@crowdergulf.com Pre-Planning and Training Waterway Debris Removal Demolition Emergency Road Clearance Marine Salvage Dredging ROW &ROW Debris Removal Bio-Mass Recycling Portable Housing Development & Operation of DMS Derelict Vehicle and Abandoned Vehicle Removal Levee Construction Final Debris Disposal Removal & Disposal of White Goods & E-Goods Sonar Scanning Hazardous Materials Handling Tree Trimming and Removal (leaners /hangers) Marine Construction Technical Disaster Recovery Assistance Sand Removal, Screening & Breach Restoration Cellular Tower Construction Historic Property Preservation Temporary Ice, Water and Other Consumables Road and Utility Work Bulkhead and Pier Replacement Pile Driving Temporary Power Services/Generators Land Clearing and Site Prep Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank George Oliver III, District 4 July 1, 2024 ADDENDUM NO. ONE (1) CITY OF OCOEE RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT This addendum shall modify and become a part of the original RFP Documents for RFP #24-009. This addendum consists of two (2) pages. Respondents should acknowledge receipt of this addendum in the space provided on Page 23 of the RFP. Failure to do so may subject the Respondent to disqualification. The RFP date remains the same. Answers to questions received and/or amendments to the RFP documents are as follows: Q1. Is the 50-page limit inclusive of the required forms, or do the required forms NOT count towards the page limit? A1. Required forms are excluded from page count per page 25 of the RFP. Q2. Can you please clarify what the required mobilization timeframe is? A2. Within twenty-four (24) hours of the City being placed in the National Oceanic Atmospheric Administration five (5) -day hurricane forecast, Contractor(s) is required to contact the City regarding potential contract activation. Contractor(s) commits to being fully operational for the reduction and disposal of debris within seventy-two (72) hours of issuance of the Notice to Proceed. As part of the Contractor’s mobilization effort, the Contractor(s) shall provide at a minimum: a shaded on-site break space, restroom, scissor lift, and a minimum of two (2) teams for debris removal, or as directed by the City. Q3. Will the optional renewals that occur after the automatic renewals be exercised at the consent of both parties? A3. Yes. Q4. Will the payment for hazardous trees and limbs be for the cut only and placement of debris safely onto the ROW for collection? Addendum #1 - RFP #24-009 Emergency-Disaster Debris Removal 2 A4. The payment for hazardous limb, stump, and tree removal includes cut and haul to the Disaster Debris Management Site (DDMS). Olena Stokych Olena Stokych Purchasing Analyst Cc: Steve Krüg, P.E., Public Works Director Hseth Burch, MS, EI, CFM, Staff Engineer CITY OF OCOEE REQUEST FOR PROPOSALS RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT June, 2024 RFP #24-009 Emergency-Disaster Debris Removal 2 TABLE OF CONTENTS RFP #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL TERM CONTRACT RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 9 General Terms & Conditions 10 - 27 Summary of Litigation*, p. 23 Acknowledgement of Addenda*, p.23 List of Subcontractors*, p. 23 Equipment Listing*, p. 24 References/Experience*, p. 24 SCOPE OF SERVICES, PROPOSAL FORM, FEDERAL REQUIREMENTS, AND PROPOSED CONTRACT Section Page Exhibit A - Scope of Services 28-38 Exhibits B1 & B2 - Contract Performance & Payment Bond 39-42 Exhibit C - Proposal Form* 43-44 Exhibit D - FHWA-1273 Required Federal Provisions for Federal-Aid Construction 45-71 Contracts Exhibit E - FEMA 2 C.F.R. Appendix II to Part 200 – Contract Provisions for Contracts 72-76 Under Federal Federal Awards Exhibit F - Proposed Draft of Contract for Emergency Debris Removal 77-88 Exhibit G - Drug-Free Workplace Form* 91 Exhibit H - Contractor E-Verify Affidavit* 92 Exhibit I - SAM.gov Registration Information* 93 Exhibit J - Byrd Anti-Lobbying Amendment Certification* 94 Exhibit K - Sworn Statement on Public Entity Crimes Form* 95-96 Exhibit L - Certification of Nondiscriminatory Labor Practices* 97 Exhibit M - Certification of Non-segregated Facilities Form* 98 Exhibit N - Certification Regarding Scrutinized Companies’ Lists Form* 99 Exhibit O - Conflict of Interest Disclosure Form* 100 Exhibit P - Company Information and Signature Sheet* 101 Exhibit Q - Prevailing Wage Rates – Orange County, FL 102-107 Exhibit R - Map – Roadways on the Federal Aid System 108 *Submit with Proposal End Table of Contents RFP #24-009 Emergency-Disaster Debris Removal 3 LEGAL ADVERTISEMENT Request for Proposals, Legal Advertisement The City of Ocoee, Florida, (the “City”) is soliciting sealed proposals for RFP #24-009 Emergency-Disaster Debris Removal Term Contract. Proposals will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 p.m., local time, on July 9, 2024. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received through Bonfire will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP shall be in writing to Olena Stokych, Purchasing Analyst, Finance Department/Purchasing at ostokych@ocoee.org. No Pre-Submittal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, June 9, 2024. RFP #24-009 Emergency-Disaster Debris Removal 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #24-009 EMERGENCY-DISASTER DEBRIS REMOVAL PRE-EVENT TERM CONTRACT A. The City of Ocoee, Florida (City), in conformance with Chapter 21, Purchasing Policy and procedures of the City, and the Federal Procurement Standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, as applicable, is soliciting sealed Proposals from qualified firms or individuals (Respondent, Firm, Bidder, Proposer). Each Proposer shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format shall be disqualified. Proposals must be typewritten or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Proposer is a corporation, the proposal should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Prospective Respondents may secure a free copy of the documents required for submitting a Proposal through the Bonfire platform by accessing the City’s published solicitation page https://ocoee.bonfirehub.com. For more information visit https://www.ocoee.org/323/Purchasing. Prospective Respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire platform; there is no charge to use Bonfire. Partial sets of documents required for submitting a Proposal will not be issued. C. The City ONLY accepts electronic solicitation responses online through the City’s Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All submissions for this RFP MUST be submitted electronically through the Bonfire Platform, submissions received in any other format will not be accepted; paper, fax, or e-mailed submissions will NOT be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a Response. You will be required to register once you click the “PREPARE YOUR SUBMISSION” in the solicitation file. It is suggested your company register no later than 24 hours in advance of the submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, Respondents will be able to submit a proposal securely, any time before the submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” RFP #24-009 Emergency-Disaster Debris Removal 5 under the solicitation. An instructional video is provided for an overview of the submission process. Once Respondent’s proposal has been submitted, Respondent will receive a date/time stamp confirmation within the Bonfire platform and an email from Bonfire confirming the submission. Proposals submitted on the Bonfire Platform will remain locked and inaccessible by City staff until the submission deadline. Respondents are encouraged to allow ample time to upload and submit their Proposal as the system will automatically lock responses upon the submission deadline. A virtual public RFP opening will be held on the date and time indicated in this RFP. Details on how to access the virtual RFP opening will be posted on Bonfire once available and will also be posted on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. D. The City will receive questions regarding this RFP only through written inquiries directed to Olena Stokych, Purchasing Analyst through the RFP project file on the Bonfire Platform or by email at ostokych@ocoee.org. The deadline for receipt of questions is June 26, 2024 at 2:00 p.m., local time. Questions received after that time may not be answered. Any clarifications/changes will be made by way of written addenda only, issued by the Purchasing Analyst and posted on Bonfire. Proposers should not contact City staff, with the exception of the Purchasing Analyst, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of the City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. E. Respondents shall submit one (1) complete electronic copy of their Proposal on the Bonfire Platform. Proposals must be received by Bonfire no later than 2:00 p.m., local time, on July 9, 2024. Any attempt to submit a proposal after the submission deadline will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the Proposal uploaded and submitted on the Bonfire Platform prior to the due date and time. F. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. G. Pre-Proposal Conference: None is scheduled at this time. RFP #24-009 Emergency-Disaster Debris Removal 6 H. Proposals will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on Bonfire. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s) should be selected by the City Commission for negotiation of a term contract for emergency-disaster debris removal services. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a proposal constitute public records under Florida law. I. All Proposers shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. The City’s current Emergency-Disaster Debris Removal (RFP #18-002) term contracts with expiration date of September 4, 2024, and Emergency-Disaster Debris Monitoring Services (RFP #19-011) contracts are available on the City’s website at https://www.ocoee.org/323/Purchasing and then selecting “Active Term Contracts” from the menu on the left. The list of the City’s current term contracts is also available by selecting “Active Term Contract List” from the menu. Note: the term contracts Awarded and Executed for this RFP will supersede the current term contracts. J. Submission of a proposal shall constitute an acknowledgment that the Proposer has complied with the instructions of this RFP. The failure or neglect of a Proposer to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit proposals shall be the responsibility of the Proposer and the City shall make no reimbursement of any kind. K. Any response by the City to a request for information or correction will be made in the form of a written addendum, which will be distributed via Bonfire. It shall be the responsibility of each Proposer to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Proposer fails to acknowledge receipt of any such Addendum in the space provided in the RFP documents, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Proposers are cautioned that any other source by which a Proposer receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. L. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: RFP #24-009 Emergency-Disaster Debris Removal 7 a) Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among the Proposers; c) Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to the Proposer’s ability to properly perform the services; or e) Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Proposer or the rejection of its proposal. M. FEDERAL GRANTS: All procurements by Federal Grant recipients and sub- recipients shall comply with the provisions of 2 C.F.R. Section 200.317 – 327. All procurement transactions shall be conducted in a manner providing full and open competition consistent with the standards of 2 C.F.R. Section 200.317 – 327. In the event of a conflict between the City’s Purchasing Policy, codified at Chapter 21 of the City’s Code of Ordinances, and Federal Code, the more restrictive rule shall prevail. N. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award 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 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] O. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Proposers are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. P. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency RFP #24-009 Emergency-Disaster Debris Removal 8 subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, ccdl@ocoee.org, WITH AN OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE, FLORIDA 34761. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Proposer which, in the City’s sole discretion, is the most responsive and responsible Proposer The City reserves the right, as an aid in determining which proposal is RFP #24-009 Emergency-Disaster Debris Removal 9 responsible, to require a Proposer to submit such additional evidence of Proposer’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals. (Remainder of page left blank intentionally) RFP #24-009 Emergency-Disaster Debris Removal 10 RFP #24-009 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier’s/Certified or Company Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). A combination of any of the former is not acceptable. Cash will not be accepted as Bid Security. The check or Bid Bond is submitted as a guarantee that the Proposer, if awarded the Contract, will, after written notice of such award, enter into a written Contract with the City and as a guarantee that the Proposer will not withdraw its proposal for a period of ninety (90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. Please note that checks will be deposited. b) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, or Proposer’s failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the RFP after issuance of Notice of Intent to Award by the City, then such Proposer shall be liable to the City in the full amount of the check or Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid Bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required Bid Bond and required insurance coverage is to be included in the Proposer’s overhead and is not eligible for reimbursement as a separate cost by the City. The checks of the three (3) most favorable Proposers will be returned within three (3) days after the City and the successful Proposer have executed the contract for work or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE & PAYMENT BOND: Provide a Letter of Intent from a qualified surety company indicating the Respondent’s bonding capacity for this project (performance and payment bond) and the surety’s willingness to issue such a bond that is in compliance with Florida Statute 255.05 in an amount in an amount equal to or greater than the amount of the original contract. The Contractor shall, without expense to the City, and within five (5) days of a written Notice to Proceed issued by the City for the commencement of any services (not at the time of contract signing), furnish a 100% Performance and Payment Bond on the form provided in this RFP as security for the timely performance and payment of its services. Said performance and payment bonds will be in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) and shall be submitted on the attached form. (See Exhibit B1 & B2.) All premiums for the performance and payment bonds shall be paid by the Contractor. The performance and RFP #24-009 Emergency-Disaster Debris Removal 11 payment bonds shall be written by a surety company listed on the U.S. Treasury, Fiscal Service, Bureau of Governmental Financial Operations, (latest review) entitled “Companies Holding Certificates of Authority as Acceptable Surety on Federal Bond and as Acceptable Reinsuring Companies” and approved by the City. NOTE: Only the successful Proposer who enters into a contract with the City is required to supply a performance and payment bond within five (5) days of a written Notice to Proceed issued by the City for the commencement of services under this contract. 3. PATENT INDEMNITY: Except as otherwise provided, the successful Proposer agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Further, the Proposer shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Proposer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 4. DEFAULT: As a result of proposals received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder. 5. PRICING: RFP #24-009 Emergency-Disaster Debris Removal 12 Pricing should be provided as indicated on the Proposal Form attached as Exhibit C, to include any alternate proposals. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and/or Proposal Form. Cost of preparation of a response to this RFP is solely that of the Proposer and the City assumes no responsibility for such costs incurred by the Proposer. The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Proposer to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Proposer and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Proposer on the Proposal Form and the total price stated by the Proposer on the Proposal Form, the unit price stated by the Proposer on the Proposal Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Proposer. The taking of such action by the City shall not constitute grounds for the Proposer to withdraw its proposal nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form. However, the City reserves the right to reject Proposal Forms that are incomplete or contain information that is not required as being non-responsive. a) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Proposer or with any competitor; b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; c) No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); d) Proposer warrants the prices set forth herein do not exceed the prices charged by the Proposer under a contract with the State of Florida Purchasing Division; and e) Proposer agrees that supplies/services furnished under this proposal, if awarded, shall be covered by the most favorable commercial warranties the Proposer gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award. 6. DISCOUNTS: RFP #24-009 Emergency-Disaster Debris Removal 13 a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of proposals. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Proposer according to the evaluation criteria listed in this RFP, to include a successful reference check. 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered. Proposals submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Analyst in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Analyst at ostokych@ocoee.org with a copy to the Procurement Manager at jtolbert@ocoee.org not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Procurement Manager, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of RFP #24-009 Emergency-Disaster Debris Removal 14 the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: a) No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Also see Section 4.0 of the Scope of Services, Payment. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes. 12. SAFETY REQUIREMENTS: The Proposer guarantees that the services to be performed and the goods to be provided herein shall comply with all applicable federal, state, and local laws, ordinances, regulations, orders, and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General Industry Standards that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) The Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Human Resources Director, City of Ocoee), and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement. i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. RFP #24-009 Emergency-Disaster Debris Removal 15 k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG-FREE WORKPLACE: Provide a statement concerning the Proposer’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Include the attached form with your proposal. 14. CONTRACT: a) Each successful Proposer, herein also referred to as Contractor, will be required to enter into a contract with the City along the terms and conditions included in this RFP, including the RFP Exhibits and Federal Requirements, for the initial period of three (3) years with two (2) separate automatic one (1) year renewal terms, the contract may be optionally renewed for an additional two (2) year period at the option of the City after the completion of the automatic renewal terms. See the attached contract terms. b) The City may, in its sole discretion, award any additional services, whether in the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City’s employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Proposer certifies that it does not and will not maintain or provide any segregated facilities for the Proposer’s employees at any of the Proposer’s establishments, and that Proposer does not permit Proposer’s employees to perform their services at any location under the Proposer’s control where segregated facilities are maintained. Proposer agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Proposer agrees that (except where Proposer has obtained identical certification from proposed contractors for specific time periods) Proposer will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Proposer will retain such certifications in Proposer’s files. Include the attached form with your proposal. b) 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 U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: RFP #24-009 Emergency-Disaster Debris Removal 16 a) Proposer declares that the only persons or parties interested in their proposal are those named herein, that this proposal is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of a contract for the described services. b) Proposer certifies that no City Commissioner, other City Official, or City employee directly or indirectly owns assets or capital stock of the Responding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit applies to any members of his or her immediate family) c) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. Proposer must submit the attached Conflict of Interest Statement. d) Proposer further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the proposal is made according to the provisions of the RFP documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP documents. e) Proposer agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Proposer offers and agrees that if this negotiation is accepted, the Proposer will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Proposer. The proposal constitutes a firm and binding offer by the Proposer to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: a) All invitations to proposal, as defined by Section 287.012(11), Florida Statutes, requests for proposals, as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of public building or public work, may not submit proposals on leases of real property to a public entity, may not RFP #24-009 Emergency-Disaster Debris Removal 17 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 36 months from the date of being placed on the convicted vendor list.” b) All Proposers that submit a Bid or Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes. Include the attached form with your proposal. 18. SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Respondent must submit the attached Certification Regarding Scrutinized Companies’ Lists Form. 19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 20. PERMITS/LICENSES/FEES: RFP #24-009 Emergency-Disaster Debris Removal 18 a) Any permits, licenses or fees required will be the responsibility of the Contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City’s Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 21. SMALL, MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS: Contractor will take all necessary affirmative steps to assure that qualified small, minority firms, women’s business enterprises, and labor surplus area firms are used when possible by (a) placing qualified small and minority businesses and women’s business enterprises on solicitation lists, (b) assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources, (c) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises, (d) establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises, (e) using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce, and (f) requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in this section. 22. E-VERIFY REGISTRATION AND USE: By entering into the Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. RFP #24-009 Emergency-Disaster Debris Removal 19 B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Complete the attached Contractor E-Verify Affidavit and submit with Proposal. (Remainder of page left blank intentionally.) RFP #24-009 Emergency-Disaster Debris Removal 20 23. STANDARD INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer by Ch. 440 of the Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability $1,000,000 Combined single limit per occurrence (each person, each accident) All covered automobile will be covered via symbol 1 Liability coverage will include hired & non-owned automobile liability Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. $2,000,000 GENERAL AGGREGATE RFP #24-009 Emergency-Disaster Debris Removal 21 $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE $1,000,000 PER OCCURRENCE $1,000,000 PERSONAL & ADVERTISING INJURY Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above. 4) Owner’s Protective Liability Insurance: N/A for Debris Removal Services. As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. $1,000,000 PER OCCURRENCE $2,000,000 AGGREGATE 6) Commercial Umbrella: $1,000,000 PER OCCURRENCE $2,000,000 Aggregate Including Employer’s Liability and Contractual Liability 7) Builders Risk: N/A for Debris Removal Services $100,000 Any (1) Location $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. RFP #24-009 Emergency-Disaster Debris Removal 22 RFP #24-009 Emergency-Disaster Debris Removal 23 24. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Proposer in the past five (5) years that is related to the services that the Proposer provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 25. ACKNOWLEDGMENT OF ADDENDA: Proposer acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ 26. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) The Proposer certifies that the Proposer has investigated each subcontractor/temporary worker agency listed and has received and has in the Proposer’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee’s approval before any work shall commence by the additional subcontractor on this project. 27. EQUIPMENT LISTING: RFP #24-009 Emergency-Disaster Debris Removal 24 Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 28. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Proposer shall complete the following blanks regarding experience with similar type of work. Proposer must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three (3) years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT’S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Have you any similar work in progress at this time? Yes___ No ___. Length of time in business_________ years _________ months. Bank or other financial references: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) 29. EXCEPTIONS: List any exceptions you have to this scope of services or contract terms. (Note: exceptions will not be considered after award.) The City reserves the right to accept or reject any requested exceptions. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Attach additional sheets if necessary) RFP #24-009 Emergency-Disaster Debris Removal 25 30. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Proposers should follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Proposers with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Proposals should be limited to a total of fifty (50) 8.5”x 11” pages (required forms are excluded from page count), single-sided, portrait orientation, 12-point font if possible. Any Proposal failing to conform to these specifications may be subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted Proposal and shall be understood to do so. All expenses for providing a Proposal to the City in response to this RFP shall be borne by the Respondent. In order to simplify the review process and obtain the maximum degree of comparison, the Proposer should provide the following content when responding to the RFP: SECTION 1 – Company Information • Firm’s history, number of years in business, etc. • List of all firm’s supervisory employees, their qualifications, and their role for this contract. • Verification that the firm will have a minimum of two (2) crews mobilized for this contract upon issuance of a Notice to Proceed. • Firm and employee certifications and licenses with regulatory agencies, professional organizations, etc. • Firm’s sub-contractors, their qualifications, and their role in providing services. • List and quantity of firm’s (and firm’s sub-contractors’ if applicable) type and quantity of equipment to be used for this contract. SECTION 2 – Company Experience/References • List of firm’s other current or recently completed similar services within the past three (3) years with other public or private agencies. • List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address. SECTION 3 – Price Proposal • Exhibit C SECTION 4 – All Forms Included in the RFP • Conflict of Interest Disclosure Form. • Company Information/Signature Sheet • Bid Security. RFP #24-009 Emergency-Disaster Debris Removal 26 • Surety Company Letter of Intent. • Drug-Free Workplace Program Form. • Contractor E-Verify Affidavit Form. • SAM.gov Registration Information Form. • Byrd Anti-Lobbying Amendment Certification Form. • Public Entity Crimes Form. • Certification of Nondiscriminatory Labor Practices Form. • Certification of Non-Segregated Facilities Form. • Certification Regarding Scrutinized Companies Form. • Litigation Summary Statement, if none please so state. • MBE or Small or Women’s or Labor Surplus Area Firm Certification, if applicable. Include Copy of MBE Certification for the Respondent or any Subcontractors (partial points may be awarded for subcontractors assigned to this contract) • All other forms listed on Table of Contents to be submitted with your proposal. 31. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: Date of RFP Request for qualifications published 17 days later Last day for questions 30 days later Statements of qualification are due 35 days later Qualification statements distributed to evaluation committee 45 days later Evaluation committee meeting held Next meeting Short-list of ranked firms recommended to City Commission 32. EVALUATION CRITERIA: The criteria for making an award recommendation are: 1. Ability to rapidly mobilize and respond (0 – 30 points) 2. Resources (personnel, equipment, machinery, etc.) (0 – 20 points) 3. Previous similar experience, licensing, and references (0 – 20 points) 4. Price proposal (0 – 20 points) 5. Certified small or minority business, women’s (0 – 10 points) business enterprise, or labor surplus area firm A City evaluation committee will evaluate each respondent’s qualifications and will short-list and recommend to the City Commission at least two firms, if possible, in ranked order of qualifications, based upon the evaluation committee’s evaluation of the proposals and any client references. All Respondents shall be notified via Bonfire or other means of staff’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. The City Commission shall be the final authority in the award or rejection of any all responses. The City reserves the right, before awarding the contract, to require a Proposer to submit such additional evidence of its qualifications, as the City may deem RFP #24-009 Emergency-Disaster Debris Removal 27 necessary. The City shall be the sole judge of the competency of Proposers. All successful Proposers shall be required to execute an agreement with the City. (Remainder of page left blank intentionally) RFP #24-009 Emergency-Disaster Debris Removal 28 EXHIBIT “A” SCOPE OF SERVICES EMERGENCY-DISASTER DEBRIS REMOVAL 1.0 GENERAL This pre-event contract is subject to the provisions of 2 C.F.R. Part 200 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. This statement of work describes and defines the services which are required for the execution of Natural Disaster-related emergency debris removal from the Federal-Aid Highway segments, State, local, and private roadways, and City maintained waterways within the City of Ocoee and in Orange County Florida ("City"). The Contractor shall provide all services described herein and any other services required to complete the removal of debris during and following emergencies. Activities include, but are not limited to, field operations, debris pickup, debris hauling and removing, debris staging and reduction, temporary debris storage site management and debris management. All debris removal and disposal management services shall be in accordance with all applicable federal and state laws, and environmental regulations. Roads and waterways will be identified by the City and direction given to the Contractor for limits for which the Contractor will be responsible. The City reserves the right to add or delete roadway and waterway segments at the direction of the Engineer at no additional cost to the City. The City, at its sole discretion, may elect to perform work with in-house forces or additional contract forces. Proper documentation as required by Federal Highway Administration (FHWA), Federal Emergency Management Agency (FEMA), Natural Resource Conservation Services (NRCS), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Services (FWS), St Johns River Water Management District (SJRWMD), or other federal natural disaster response agencies shall be provided for all debris removal operations to ensure reimbursement to the City from the appropriate federal Agency. Contractor shall comply with FHWA and/or FEMA laws and regulations, including those now in effect and hereafter adopted. FHWA will only pay for debris due to an event “not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act”. Therefore, any time there is a Presidential Declaration within the State of Florida, all debris removal activities on federal-aid roads, City maintained waterways, first push/first pass or otherwise, will become potentially reimbursable by FEMA. The City will request site specific price adjustments for activities described on the Proposal Form (Exhibit “C”) if work is required in areas of limited accessibility, including but not limited to, work in or along waterways, brown fields, restricted access, etc. The City will not provide price adjustments for cost increases or decreases in the price of fuel. The Contractor is required to perform at least 30% of the work with its own forces. The Florida Department of Transportation (FDOT) has published Specifications for Road and Bridge Construction and other applicable Design Indexes and Construction Standards, which are made part of this contract by reference and are applicable when proposing on and when performing work under this RFP. RFP #24-009 Emergency-Disaster Debris Removal 29 Upon execution of this agreement, the contractor will supply to the city a letter, from a surety authorized to do business in the State of Florida, verifying the contractor is bondable in the State of Florida in an amount equal to or greater than the amount of the original contract. Within five (5) days after a written Notice to Proceed issued by the City for the commencement of any services pursuant to this Agreement, the Contractor will supply to the City and keep in force a $500,000 performance and payment bond provided by a surety authorized to do business in the State of Florida, payable to the City, per Section 2 of the General Conditions. The work will begin upon written authorization by the City. No guarantee of minimum or maximum amounts per proposal item is made by the City under this Contract. No adjustment to proposed prices will be considered due to increases or decreases in estimated quantities. In the event that the natural disaster impacts another local government jurisdiction, the terms and conditions of this Agreement may apply to work in the affected jurisdiction, with the concurrence of both parties. The City, at its sole discretion, may award contracts, at least two contracts, if possible, based on the proposals received and the potential demand for services related to natural disasters. Any references to “Engineer” within this Agreement means the City Engineer, the City Public Works Director, their designees, or an employee of a firm retained by the City providing debris monitoring services. 2.0 SERVICES TO BE PROVIDED BY THE CONTRACTOR Field Operations The following listed services shall be performed by the Contractor in the presence of the City, debris monitoring personnel, or their designated representative: • The Contractor shall provide equipment, labor, and materials necessary to perform “cut and toss,” “first pass,” and all subsequent passes directed by the Engineer. “Cut and toss” is defined as cutting and/or pushing the debris off of the roadway sufficiently to allow safe vehicular traffic on all lanes. “First Pass” is defined as removing all debris on the affected roadways from within the rights-of- way as directed and authorized by the City, FHWA, FEMA, and their authorized representatives. Cut and toss services include, but are not limited to, cutting and removing vegetative debris and other debris to a point two feet beyond the curb and gutter section or to a point two feet beyond the edge of pavement (i.e. 2 feet beyond the paved shoulder or edge of turn lane (s) whichever is further) and vertical clearance of 16 feet as needed. Every effort shall be made to push debris into areas where no utilities are present. The work associated with first pass and subsequent passes, includes but is not limited to: cutting fallen vegetative debris; picking up and loading vegetative debris; collecting and disposing of hazardous materials; hauling materials to either a temporary debris staging and reduction site; volume reduction at the temporary debris staging and reduction site; and final hauling and disposal at an appropriate landfill or “waste to energy” facility. RFP #24-009 Emergency-Disaster Debris Removal 30 • The Contractor shall provide equipment, labor, and materials necessary to perform debris removal from City maintained waterways. For navigable waterways, incident related debris shall be removed to a depth equal to or more shallow than two (2) feet below the low tide draft of the largest vessel that utilized the waterway prior to the incident. For non-navigable waterways, incident related debris removal will be limited to debris that, if left in place, will be an immediate threat. The work associated with incident related debris removal from City maintained waterways includes but not limited to: cutting fallen vegetative debris up; picking up and loading vegetative debris; collecting and disposing of hazardous materials; hauling materials to either a temporary debris staging and reduction site; volume reduction at the temporary debris staging and reduction site; and final hauling and disposal at an appropriate landfill or "waste to energy" facility. Any incident related debris that crosses from a property into the City maintained waterway, will be cut at the property or easement line, leaving the debris outside the City's maintenance jurisdiction to the property owner. • The Contractor shall mobilize at least two (2) crews and begin operations upon written authorization, from the City’s Public Works Director (or his authorized designee) for debris removal and disposal of all eligible debris. Once priorities are established by the City or its representative, crews shall be required to complete entire sectors and/or corridors prior to moving on to other areas. No streets should be bypassed based on quantity of debris alone. • The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks. Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. • The Contractor must be duly licensed in accordance with the state’s statutory requirements to perform the work. • The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractors or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be made at no additional cost to the City. • The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. When applicable, the Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in additional to the personnel and equipment required in other parts of this Agreement. At a minimum, one flag person should be posted at each approach to the work area. The Contractor shall provide traffic control (day and/or night) using current FDOT Design Standards. • The Contractor shall provide labor, equipment and materials necessary to remove all stumps authorized by the City, FHWA, and FEMA. Stump removal operations shall be in accordance with FHWA and FEMA guidelines, and Federal Rules and Regulations, including the Robert T. Stafford Disaster Relief and Emergency RFP #24-009 Emergency-Disaster Debris Removal 31 Assistance Act (44 C.F.R), and working with debris monitoring firm to document dimensions to include photos and measurements. • The Contractor shall ensure all Contractor and subcontractor personnel have and utilize personal protective safety gear in accordance with OSHA requirements and company safety policies. • The Contractor shall coordinate with utility companies, as required, to permit safe removal of debris. • The Contractor shall provide a means for the Debris Monitoring firm to measure and certify all trucks. All Temporary Debris Staging and Reduction Sites (TDSR’s) shall be equipped with at least one tower from which monitors can safely view contents on each load and determine capacities of each load entering and exiting the TDSR. Provide a copy of the TDSR site Permit. Once site is closed, provide a closeout permit from FDEP. • The Contractor shall provide a means for securing all TDSR’s, throughout the life of the Agreement, to ensure no unauthorized or illegal dumping can occur at the site. • The Contractor shall vacuum inlets and sweep curbs and gutter sections. • The Contractor shall remove damaged or leaning trees and exposed roots that present a hazard. For trees that have less than fifty (50) percent of the root ball exposed, the debris shall be flush cut at ground level. For trees that have fifty (50) percent or more of the root-ball exposed, removal of the tree and root-ball, and filling of the root-ball hole shall be performed. Compensation will be per tree (each). • The Contractor shall remove leaning trees that are not an immediate hazard only when directed by the City or its designated representative. • The contractor shall remove stumps when directed by the City or its designated representative. Compensation will be by stump removal (each) and includes cost of extraction, transport, disposal, and filling in the root-ball hole. • The Contractor shall remove hanging limbs that present a hazard. Compensation will be per limb (each). • The Contractor shall fill any holes left by removed trees. The cost of borrow soil required for fill will be included in the cost of related proposal items. Sod replacement is not required. • For trees, limbs, and stumps, the Contractor shall provide services and documentation according to and in compliance with FEMA publication 9580.204. • Contractor shall be responsible for clearing, removing and transporting debris from public right-of-way (ROW). This work includes removing damaged RFP #24-009 Emergency-Disaster Debris Removal 32 sidewalks and other improvements. Areas from which damaged sidewalks and other improvements are removed by the Contractor shall be brought back to grade. Damage to sidewalks will primarily occur due to falling trees as the tree root systems lift and displace the sidewalk. Therefore, the cost of sidewalk removal is part of several listed bid Items; e.g., Loading and Hauling Debris to a TDSR, Loading and Hauling C&D debris; and Loading and Hauling Reductions to a Final Disposal Site. The City expects concrete wastes to be segregated from other debris and hauled to a concrete recycling facility for final disposal. • Contractor shall remove fallen trees that originate from within the ROW and those that extend onto the ROW from private property at the point where it enters the ROW, and that part of eligible debris that lies within the ROW as a result of tree trimming, tree topping, tree removal, stump grinding, grubbing, and other activities. • Contractor shall provide all permits and services necessary for the containment, clean up, removal, transport, storage, testing, treatment, and/or disposal of hazardous and industrial materials, including white goods, resulting from the event. • Contractor shall clean and clear ROW drainage systems, including removal of sand, earth, and foreign materials from roads, streets, bridges, rights-of-way, canals, retention ponds, drain wells, pump stations, control structures, and associated drainage structures. This work may include screening sand and returning clean sand to beaches or other designated sites. “Sweeping Curb and Gutter, Vacuum Inlets, Loading and Hauling C&D Debris, and Loading and Hauling Reductions to a Final Disposal Site” are the most applicable bid items to include these costs. • All areas throughout the city where debris removal is accomplished and there is damage due to the Contractor’s operations, the Contractor shall be responsible for returning those areas to their original condition. All damages to pavement, sidewalk, curbs, or any other infrastructure shall be repaired or restored to the satisfaction of Engineer. Buy America The “Buy America” provisions in 23 U.S.C. 313 and FHWA implementing regulations (23 CFR Part 635.410) apply to all ER funded projects. These requirements prohibit the obligation of funds for a project unless all permanently incorporated steel and iron used in such projects are produced in the United States. This restriction applies to all contracts eligible for assistance under title 23, including the ER program, for a project within the scope of the NEPA review. Under certain circumstances a State may request, and FHWA may grant, a waiver from these requirements if the Secretary funds that the application of Buy America would be inconsistent with the public interest or that the required steel or iron products are not produced in the United States in sufficient quantities of a satisfactory quality. [23 U.S.C. 313(b) and 23 CFR 635.410(c)]. DHS Seal, Logo and Flags RFP #24-009 Emergency-Disaster Debris Removal 33 The contractor shall not use the Department of homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Media Interaction The contractor, including all sub-contractors, will not provide any information to the media without the expressed written permission of the City’s Public Works Director. This includes on site interviews requested from any media outlet. All inquiries by a member of the media or any elected official will be directed to the City’s Public Works Director. The Contractor will ensure this guidance is disseminated to all employees and sub- contractors on the project Cadaver Recovery and Identification Cadaver recovery and identification may be required during response operations. Crews will strictly adhere to stringent guidelines and protocols owing to the sensitive nature of the loss and for consideration of notifying surviving family members. The following guidelines will be followed while working in ALL areas and/or sectors in which cadaver recovery is necessary: Each crew leader is responsible for watching the debris pile and identifying any potential human remains. The crew leader will immediately stop work in the area and notify law enforcement and the City’s Debris Contract Manager immediately if they believe they have identified human remains. The crew will remain at the site until released by the authority having jurisdiction. All crews are forbidden from discussing the location, status, composition, sex, and especially name of the deceased. Any individual found to be passing this information on about what they have seen will be immediately dismissed from the job. Proper next of kin notification procedures will be conducted by the responsible authority. Equipment • All trucks and other equipment must be in compliance with all applicable federal, state, and local rules and regulations. Any truck used to haul debris must be mechanically loaded by an appropriately sized front end loader, backhoe or other approved and appropriate equipment. Additionally, the truck or trailer must dump hydraulically and be controlled from the cab of the vehicle and capable of rapidly dumping its load without the assistance of other equipment. If rear-load trucks are used for hauling eligible storm debris, mechanical loading is waived in favor of manual labor. • Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of 2” by 6” boards or greater and not to extend more than two feet above the metal bedsides. All extensions are subject to acceptance or rejection by the Engineer. The Contractor will provide means to rapidly unload any trailer that does not have a means for dumping. All trailers must have a metal-framed exterior and a minimum of 5/8” plywood (not wafer board) interior RFP #24-009 Emergency-Disaster Debris Removal 34 walls. All equipment used to haul debris must be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. No plastic snow/construction fencing will be used. All hauling equipment must be measured and marked for its load capacity. All equipment will be inspected by the Contractor prior to use. The Engineer will provide a form for this purpose. • If not already marked with proper identification signs, trucks and other heavy equipment designated for use under this contract shall be equipped with two signs, one attached to each side. These signs will be furnished by the Contractor and shall be pre-approved by the Engineer. • Prior to commencing debris removal operations, the Contractor shall present to the Engineer all trucks, trailers, or containers that will be used for hauling debris. Each truck or trailer will be measured to determine the load capacity. Each truck or trailer will be numbered and clearly display the load capacity for identification with a permanent marking. The Engineer may, at any time, request that the trucks be re-measured. The Contractor shall notify the Engineer each time a new truck, trailer or container is to be used under this contract. No capacity can exceed 100% of the measured volume. • Trucks or equipment, which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this contract. • Loading equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size loading equipment (6 CY and up) and non-rubber tired equipment must be approved by the Engineer. • At dumpsites with no restrooms, the Contractor shall provide a restroom when requested by the Engineer. Cost of a restroom shall be negotiated between the City and Contractor prior to work. Staging/Reduction In performing its work, the Contractor is to: • Secure the necessary permits for the TDSR’s for any non-City approved sites from the appropriate regulatory agencies, prepare and manage the TDSR’s and, when operations are complete, return all TDSR’s to their original condition to the satisfaction of the City and the regulatory agencies. Perform any testing required or requested by the regulatory agencies to ensure TDSR’s have not been contaminated. • Provide, operate, and maintain equipment for debris reduction. • Maintain segregation of debris (vegetative vs non-vegetative). RFP #24-009 Emergency-Disaster Debris Removal 35 • Reduce and dispose of any vegetative debris hauled by the City crews to the TDSR’s. • Recycle white goods and hazardous household waste in accordance with all federal, state, and local rules, regulations, and laws. White goods and hazardous household waste include washing machines, clothes dryers, dehumidifiers, dishwashers, gas and electric stoves, TVs, computer monitors, refrigerators, freezers, window air conditioners, and water heaters or coolers. • Remove and recover Freon from any white goods and hazardous household waste, such as refrigerators, freezers, or air conditioners, at the final disposal site in accordance with federal, state, and local rules, regulations, and laws. • Directly haul construction and demolition debris to a licensed Florida Department of Environmental Protection (FDEP) and/or Environmental Protection Agency (EPA) disposal facility. Tipping fees shall be reimbursed at cost, no mark-up allowed. Phase I covers hauling to an intermediate site that the Contractor and the City establish to store and reduce the volume of debris prior to hauling it to a final disposal site. A contractor should not charge itself a disposal and tipping fee at its own facility, as such costs should be part of its bid price. However, if the Contractor and City elect to use a Temporary Debris Staging and Reduction Site owned by another entity and fees are charged by that entity for such use, then the disposal and tipping fee so charged would be reimbursed by the City. Administration and Paperwork • A Load Ticket meeting FEMA standards shall be used for each load of debris removed for disposal. Each ticket shall contain the following information: 1. Ticket Number 2. Contract Number 3. Date 4. Contractor Name 5. Truck or Roll-off Number 6. Truck Capacity 7. Point of Debris Collection 8. Loading Departure Time 9. Dump Arrival Time 10. Percent of Load 11. Actual Debris Volume 12. Debris Eligibility (Y/N) 13. Indication as to which pass produced the debris (1st, 2nd, etc.) • A minimum four-part load ticket will be issued by the Engineer prior to transport of the debris from the loading site. The entire four-part load ticket is given to the vehicle operator. Upon arrival at the dumpsite, the vehicle operator will give the entire four-part load ticket to the Engineer. The Engineer will verify the hauler and equipment and establish a percent of truck capacity of the eligible cubic yardage of debris load. After documenting the percentage, the Engineer will RFP #24-009 Emergency-Disaster Debris Removal 36 calculate the actual cubic yardage of the load, to the nearest 0.10 yard. The Engineer will document his data on the load ticket. The Engineer will detach one copy of the load ticket and give that one copy to the vehicle operator. One copy is then given to the contractor, one copy is given to FEMA and the original is kept by the Engineer. The load tickets will be submitted with the daily report. • The Director of Public Works may waive the foregoing procedures on a case-by- case basis if compliance is not practical in light of the emergency situation. • The Contractor shall submit a report to the Engineer during each day of the term of the contract. Each report shall contain, at a minimum, the following information: 1. Contractor’s Name 2. Contract Number 3. Crew 4. Location of work 5. Day of Report 6. Daily and cumulative totals of debris removed, by category • Discrepancies between the daily report and the corresponding weigh tickets will be reconciled no later than the following day. • The Contractor must include a certification disbursement of previous periodic payment to subcontractors (Form 700-010-38) and the amount paid to all subcontractors performing work under this Agreement to date with each invoice submitted for payment. • The Contractor shall be responsible for the preparation of all invoices in a format acceptable to the City and in accordance with federal, state, and local rules, regulations, and laws. Invoices shall include original receipts and all backup necessary to support the quantities and amounts invoiced. 3.0 SERVICE TO BE PROVIDED BY CITY OR ITS DESIGNATED REPRESENTATIVE Field Operations • Identify and evaluate the scope of the post-disaster debris problem. • Provide inspection for all Contractor operations. • Provide field inspectors in sufficient numbers to adequately monitor all field operations. Such work will not exceed limits defined by FHWA eligibility criteria. The number of inspectors per crew shall vary based on need. • Identify and prioritize removal from Federal Aid Highway segments, State, local, and private roadways authorized by the City and FEMA. Prioritization of debris removal will be based on a “sector approach” (as opposed to site to site). Once priorities are established, crews are required to complete entire sectors or RFP #24-009 Emergency-Disaster Debris Removal 37 corridors prior to moving on to other areas. No streets should be bypassed based on quantity of debris alone, unless directed by the City’s Engineer. • Ensure no pickup of unauthorized debris by the Contractor and his subcontractors unless directed by the City. Staging/Reduction • Identify potential staging areas for debris stockpiling and reduction. There is no guarantee as to availability or suitability. • Provide one Quality Control Tower Monitor per tower to observe and record truck quantity estimates. • Ensure that all field crews are outfitted with required safety gear. Administration and Paperwork • Four-part debris tickets will be provided to properly document the work in accordance with FDOT, FHWA, and FEMA requirements. • Spreadsheet format for invoices will be provided to properly document the work in accordance with FDOT, FHWA, and FEMA requirements. • When applicable, the Engineer is responsible for obtaining all applicable environmental and regulatory permits prior to the contractor commencing operations. 4.0 PAYMENT • Payment, less applicable retainage, as described below, will be made in accordance with the Fee Rates shown on Exhibit C. Such payment will be full and complete payment for all work performed, as required in Sections 1.0 and 2.0. Bid prices shall include all direct costs for performing the work, as well as all indirect costs including, but not limited to, administrative costs, all overheads and profits, except for travel to another jurisdiction. • A lump sum retainage of $10,000 per TDSR (staging area) will be held from the total invoice of work performed at the staging areas until the staging area is restored to its original condition or as otherwise mutually agreed. The lump sum amount will be withheld from the first invoice submitted. The contractor may post a bond in lieu of such retainage. However, the bond(s) must be posted prior to work beginning at the TDSR. • If mutually agreed, the Contractor may be requested to work in another jurisdiction affected by the natural disaster. In that event, the Contractor will be paid for that work by that other jurisdiction in accordance with Exhibit C and additional payment will be made for travel. Travel will be reimbursed in accordance with Section 112.061, Florida Statutes. RFP #24-009 Emergency-Disaster Debris Removal 38 • The proposal items listed in Exhibit C include compensation for all work required in Sections 1.0 and 2.0. (Remainder of page left blank intentionally) RFP #24-009 Emergency-Disaster Debris Removal 39 EXHIBIT “B1” CONTRACT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that ____________________, a _________ company, (hereinafter referred to as "Principal"), and __________ ____________, a corporation organized under the laws of the State of _________ and licensed to do business in the State of Florida (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of Five Hundred Thousand Dollars ($500,000.00), for the payment of which sum well and truly made, Principal and Surety bind themselves, and their successors and assigns, jointly and severally, in accordance with the terms set forth herein. Recitals WHEREAS, Principal has by written agreement dated ____________ entered into a contract, with the Obligee titled “RFP #24-009 Emergency-Disaster Debris Removal Services Term Contract” (hereinafter referred to as the "Contract") for the purposes of establishing a contract granted by the Obligee and accepted by the Principal for the collection of emergency and/or disaster debris within the corporate limits of the City of Ocoee; and WHEREAS, the Contract identifies certain performance obligations of the Principal for a term of three (3) years, which term may be automatically extended for an additional two (2) separate one (1) year terms, and additionally extended for an optional two (2) years; and WHEREAS, the Surety acknowledges receipt of good and valuable consideration for the obligations it assumes hereunder. NOW, THEREFORE, it is agreed that the above Recitals are acknowledged to be true and are incorporated herein by reference. This Contract Performance Bond is being issued by the Surety to secure the performance obligations of the Principal under the Contract and any additional extensions thereof. If the Principal shall well, truly and timely perform all the undertakings, covenants, terms, conditions, and agreements of said Contract, within the term of the Contract and all extensions thereof; and shall also well, truly and timely perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made; and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, caused by any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, costs and attorneys' fees, including attorneys’ fees incurred in appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform its performance obligations under the Contract, then the obligations of this Contract Performance Bond shall be null and void; otherwise, this Contract Performance Bond shall remain in full force and effect and Surety shall be liable to Obligee under this Contract Performance Bond in accordance with its terms. The Surety's obligations to the Obligee hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against RFP #24-009 Emergency-Disaster Debris Removal 40 Principal, and shall remain in full force and effect notwithstanding (a) amendments or modifications to the Contract entered into by Obligee and Principal without the Surety's knowledge or consent; (b) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (c) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The United States Bankruptcy Code, as the same may be from time to time amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (d) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. Any changes in or under the Contract or noncompliance with any formalities connected with the Contract or changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. The Surety shall perform the obligations of the Principal under the Contract upon receipt of five (5) days written notice of the Principal’s default. In the event that the Surety fails to fulfill its obligations under this Contract Performance Bond, then the Surety shall pay, indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, caused directly or indirectly by the Principal’s default(s) and the Surety's failure to fulfill its obligations hereunder. This Contract Performance Bond and its obligations shall survive the termination or cancellation of the Contract. The payment and indemnification obligations set forth in this paragraph shall be limited by the Penal Sum of this Contract Performance Bond. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. RFP #24-009 Emergency-Disaster Debris Removal 41 EXHIBIT “B2” Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS, THAT _________________________________ (hereinafter called the “Principal”), as Principal, and ________________________________, a corporation organized and existing under the laws of the State of _______________, hereinafter called the “Surety”), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the “Obligee"), by bond number ___________ in the sum of ___________ ______________________________________ Dollars and ____ Cents ($ _______ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20__ to perform, as Contractor, in accordance with the Contract and Contract Documents for “RFP #24-009 Emergency-Disaster Debris Removal Services Term Contract”, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this _______ day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. RFP #24-009 Emergency-Disaster Debris Removal 42 (Seal) (Principal) By (Name & Title) (Signature) Witness or Secretary’s Attestation (Seal) (Surety) By (Name & Title*) (Signature) Witness or Secretary’s Attestation *Attach Power-Of-Attorney END OF SECTION RFP #24-009 Emergency-Disaster Debris Removal 43 EXHIBIT “C” (page 1 of 2) PROPOSAL FORM FOR RFP #24-009 CITY OF OCOEE EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT Estimated Unit Description Unit Quantity* Price** Total Phase I – collection, hauling to staging site, reduction Loading and Hauling Debris to a TDSR Cubic Yard 360 _______ _____________ (Price to include MOT) Reduction by Grinding at the TDSR Cubic Yard 500 _______ _____________ Reduction by Incineration at the TDSR Cubic Yard 300 _______ _____________ Stumps 24” - 48” Diameter stump removal Each 10 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) > 48” Diameter stump removal Each 5 _______ _____________ (Price includes extraction, transport, disposal, and filling of root-ball hole) Sweeping Curb and Gutter Hour 16 _______ _____________ Vacuum Inlets Hour 12 _______ _____________ Removal of Hanging Limbs (> 2” @ break) Each 100 _______ _____________ Tree Removal Damaged or leaning Trees with less than fifty (50) percent of their root-ball exposed (Flush cut to ground level.) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Damaged or leaning Trees with greater than fifty (50) percent of their root-ball exposed. (Price includes tree and root-ball removal, and filling of the root-ball hole) 6" to <12" @ 4.5' measured above Each 10 _______ _____________ ground level RFP #24-009 Emergency-Disaster Debris Removal 44 EXHIBIT “C” (page 2 of 2) 12" to <18" @ 4.5' measured above Each 5 _______ _____________ ground level 18" to 24" @ 4.5' measured above Each 5 _______ _____________ ground level >24" @ 4.5' measured above Each 5 _______ _____________ ground level Loading and Hauling C&D Debris Cubic Yard 270 _______ _____________ White Goods and Hazardous Household Each 20 _______ _____________ Waste Disposal Freon Recovery Unit 10 _______ _____________ Phase II – loading of reduced material, final disposal Loading and Hauling Reductions Cubic Yard 360 _______ _____________ to a Final Disposition Site Disposal/Tipping Fees will be reimbursed at actual cost; do not include in prices. TOTAL PRICE _____________ * Estimated quantities will only be used for evaluating proposals. Quantities are not intended to be an estimate of the actual quantities expected for this work. Payment will be made based on actual units of work performed, as approved by Engineer. ** If a pay item is left blank or N/A is used, the proposal may be declared irregular and the City may reject the proposal. Prospective Respondents are hereby advised that the final price list negotiated between the parties may include additional details, bid items, clarifications, and other information that refine the prices offered in the original proposal. The Bid Form has been structured to allow the comparison of prices among multiple proposals as part of an overall award recommendation process. The actual price list incorporated into the executed contract may differ and may be amended over time by the parties, as needs may dictate, and will not include estimated quantities. Proposer: ____________________________________________ RFP #24-009 Emergency-Disaster Debris Removal 45 FHWA-1273 – Revised October 23, 2023 EXHIBIT “D” REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower- tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. RFP #24-009 Emergency-Disaster Debris Removal 46 Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil RFP #24-009 Emergency-Disaster Debris Removal 47 Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. RFP #24-009 Emergency-Disaster Debris Removal 48 b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. RFP #24-009 Emergency-Disaster Debris Removal 49 b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. RFP #24-009 Emergency-Disaster Debris Removal 50 b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and RFP #24-009 Emergency-Disaster Debris Removal 51 administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, RFP #24-009 Emergency-Disaster Debris Removal 52 restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA - 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3 )), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll RFP #24-009 Emergency-Disaster Debris Removal 53 records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH –1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a RFP #24-009 Emergency-Disaster Debris Removal 54 determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. RFP #24-009 Emergency-Disaster Debris Removal 55 b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of RFP #24-009 Emergency-Disaster Debris Removal 56 submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents RFP #24-009 Emergency-Disaster Debris Removal 57 during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. RFP #24-009 Emergency-Disaster Debris Removal 58 (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. RFP #24-009 Emergency-Disaster Debris Removal 59 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. RFP #24-009 Emergency-Disaster Debris Removal 60 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; RFP #24-009 Emergency-Disaster Debris Removal 61 (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term RFP #24-009 Emergency-Disaster Debris Removal 62 if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self- performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable RFP #24-009 Emergency-Disaster Debris Removal 63 Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or RFP #24-009 Emergency-Disaster Debris Removal 64 false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, RFP #24-009 Emergency-Disaster Debris Removal 65 failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective RFP #24-009 Emergency-Disaster Debris Removal 66 participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement RFP #24-009 Emergency-Disaster Debris Removal 67 with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. RFP #24-009 Emergency-Disaster Debris Removal 68 f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) RFP #24-009 Emergency-Disaster Debris Removal 69 b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal- aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. RFP #24-009 Emergency-Disaster Debris Removal 70 When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be RFP #24-009 Emergency-Disaster Debris Removal 71 required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on- site work. (Remainder of this page left blank intentionally) RFP #24-009 Emergency-Disaster Debris Removal 72 EXHIBIT “E” 2 C.F.R. APPENDIX II TO PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he RFP #24-009 Emergency-Disaster Debris Removal 73 or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an RFP #24-009 Emergency-Disaster Debris Removal 74 employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) § 200.323. Procurement of recovered materials - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (K) § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure RFP #24-009 Emergency-Disaster Debris Removal 75 replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. (L) § 200.322. Domestic preferences for procurements – (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] RFP #24-009 Emergency-Disaster Debris Removal 76 CROSS REFERENCE INFORMATION FOR EXHIBIT “E” APPENDIX II TO PART 200 A. Applies to this RFP/Contract. B. Applies to this RFP/Contract. C. See Exhibit “D” FHWA-1273. D. See Exhibit “D” FHWA-1273. E. See Exhibit “D” FHWA-1273. F. Does not apply to this RFP/Contract. G. See Exhibit “D” FHWA-1273. H. See Exhibit “D” FHWA-1273. I. See Exhibit “D” FHWA-1273. J. See § 200.323. Procurement of recovered materials. K. See § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment. L. See § 200.322. Domestic preferences for procurements. END OF SECTION RFP #24-009 Emergency-Disaster Debris Removal 77 EXHIBIT “F” TERM CONTRACT FOR EMERGENCY-DISASTER DEBRIS REMOVAL RFP #24-009 THIS AGREEMENT is made this ____ day of, , 20____, by and between the CITY OF OCOEE, a Florida municipal corporation, 1 North Bluford Avenue, Ocoee, Florida 34761 (hereinafter referred to as the “City”) and ______________, a _________________ (hereinafter referred to as the “Contractor”). RECITALS WHEREAS, the City solicited proposals to perform certain city-wide emergency debris removal work as set forth in RFP #24-009 and its Exhibits to include all federal requirements, a complete copy of which is attached hereto as Exhibit “1” and by this reference made a part hereof (the “RFP”); WHEREAS, the City has made an award to the Contractor to perform city wide emergency debris removal work pursuant to the RFP; and WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work pursuant to the terms of this Agreement, and for the prices and rates specified in the Contractor’s response to the RFP, a copy of which is attached hereto as Exhibit “2” and by this reference made a part hereof (the “Proposal”). NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto incorporate by reference the above recitals and agree as follows: Recitals; Definitions. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described in the RFP, unless otherwise indicated. Scope of Work. Upon issuance of a Notice to Proceed by the City, the Contractor shall provide the services and materials as specified in the RFP (the “Work”). The Contractor shall furnish all materials, tools, equipment, manpower, and consumables to complete the Work with a minimum of two (2) crews mobilized for this contract. In the event Contractor declines the work after the issuance of a Notice to Proceed by the City, Contractor shall provide the City with a formal declaration of work refusal. Term of Agreement. This Agreement shall be for a period of three (3) years with two (2) separate automatic one (1) year renewal terms, each of which shall automatically commence on the anniversary of the Effective Date unless the City exercises its sole option not to proceed with the renewal term. The City, at its sole discretion, may refuse to exercise the renewal options by providing written notice of same to Contractor not later than thirty (30) days before the expiration of a term. The City shall have the option of extending the term an additional two (2) years after completion of the renewal terms. The commencement date of this Agreement shall be the date this Agreement is executed by the City (the “Effective Date”). Compensation. Contractor agrees to perform the Work for the rates and prices specified in the Proposal. The amounts as specified in the Proposal may be increased or decreased by the City under the Extra Work provision of this Agreement, through the issuance of an Addendum, if RFP #24-009 Emergency-Disaster Debris Removal 78 applicable. Any prices specified in this Agreement, will remain firm for the first year of this Agreement. Prices may be adjusted in subsequent years only pursuant to the RFP and this Agreement. Adjustments not otherwise provided for in the RFP and this Agreement will only be permitted solely at the discretion of the City. Payment. Payments made by the City to the Contractor shall be deemed to fully compensate the Contractor for all labor, supervision, administration, material, fuel, mobilization, collection and disposal of debris, and equipment rental incurred, expended or performed by the Contractor. Invoices shall be submitted by the Contractor to the City at the end of each authorization or on a monthly basis. All invoices shall be payable in accordance with the procedures set forth in the RFP. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor. NOTE: ALL INVOICES MUST CLEARLY INDICATE: CITY AGREEMENT #RFP 24-009 EMERGENCY DEBRIS REMOVAL TERM CONTRACT. Contractors Officers and Employees. Contractor’s Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the City and shall provide the name(s) of such person(s) and related contact information to the City. Information regarding the person’s experience and qualifications shall also be furnished. Supervisory employees must be available for consultation with City staff within a reasonable and practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which provides mobile communication for immediate contact with City staff. Conduct of Employees: The Contractor shall see to it that its employees serve the public in a courteous, helpful, and impartial manner. Contractor’s collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers, and other plants. Employee Uniform Regulations: During working hours, the Contractor’s collection employees shall wear a uniform or shirt bearing the company’s name. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The Contractor shall keep a record of employees’ names and numbers assigned. Driver’s License: Each vehicle operator shall, at all times, carry a valid Florida driver’s license for the type of vehicle that is being driven. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. Termination for Cause. If Contractor fails or neglects to perform a material obligation under this Agreement the City shall provide written notice to the Contractor that the Contractor RFP #24-009 Emergency-Disaster Debris Removal 79 is in default and that City intends to terminate this Agreement if the default(s) are not cured. If the Contractor fails to cure the default(s) or, if such default(s) cannot practicably be cured within five (5) days and Contractor fails to diligently commence to correct the default(s), then the City may, without prejudice to any other remedy, cure such default(s) and/or rectify such deficiencies and charge the Contractor the reasonable cost thereof; or, at the City’s option, may terminate this Agreement. In the event of such termination for cause the Contractor shall turn over to the City all documents, materials, plans, specifications, manuals, records, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other things or electronic data that relate to or concern the work performed by the Contractor under this Agreement. If it is later determined that the City’s termination for cause under this Agreement was improper or not justified, then the parties agree that the termination of the Contractor shall be deemed and treated as a termination for convenience and, the Contractor’s sole and exclusive remedy shall be to receive compensation in the same manner as prescribed for a termination for convenience. Termination for Convenience. The City may terminate this Agreement at any time solely for its convenience by providing the Contractor with thirty (30) days written notice. In the event of such a termination by the City for convenience, the City shall be shall pay for all Work properly performed prior to the effective date of the termination and for all materials, supplies and services, which were reasonably utilized to perform the Work through the effective date of the termination for convenience and other normal and reasonable costs incurred by the Contractor that are caused by or reasonably arise out of the termination for convenience. Warranty. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed; be free from all faults, defects or errors; and be of the highest quality. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from expiration date of this Agreement, the Contractor shall, at the City’s option, either redo such portions of the Work to correct such fault, defect or error, at no additional cost to the City; or refund to the City the amount paid by the City which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for obtaining another Contractor to redo the Work. ALL MATERIALS AND SERVICES PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND FIT FOR THE PURPOSES INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. Time of Completion. Time is of the essence in the performance of this Agreement in accordance with the Notice to Proceed. All Work shall be performed regularly, diligently, and uninterrupted within the times and in accordance with the specified schedule provided by the City. The City shall provide Contractor with a reasonable extension of time for any delay caused by acts of God, fire, flood, hurricanes, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor’s control which prevent or hinder the performance of the Contractor. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys’ fees, to RFP #24-009 Emergency-Disaster Debris Removal 80 the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement. The Contractor shall bear all costs of correcting such rejected Work. In the event that Contractor fails to timely correct the Work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the Work. If the City performs such work with its own personnel then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 110% of such amount. Right to Audit Records. The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of this Agreement or any sub-contract to this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the subcontractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing. Information. All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to this Agreement, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents. Safety Measures. The Contractor shall take all necessary precautions for the safety of the City’s and Contractor’s employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. Extra Work. The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. Price Adjustments. The contract labor rates shall increase no more than 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract. Performance of Agreement. The Contractor’s performance of this Agreement shall be supervised by the Director of Public Works or his or her authorized representative (the “Director”). If at any time during the term of this Agreement, performance is considered unsatisfactory to the Director, the Contractor shall increase the work force, tools, and equipment as needed to properly perform this Agreement. The failure of the Director to give such RFP #24-009 Emergency-Disaster Debris Removal 81 notification shall not relieve the Contractor of his obligation to perform the Work at the time and in the manner specified by this Agreement. The Contractor shall furnish the Director with every reasonable opportunity for ascertaining whether or not the Work, as performed, is in accordance with the requirements of this Agreement. The Director may appoint qualified persons to inspect the Contractor’s operation and equipment at any reasonable time and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. Familiarity With The Work. The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as the Contractor’s stated commitment to fulfill all the conditions referred to in this Agreement. Insurance and Performance and Payment Bonds. The Contractor, at all times during the term of this Agreement, shall meet the following requirements: Maintain all insurance coverage required by the RFP or this Agreement. Maintain any additional coverage required by the City. Name the City as an additional insured on all liability policies required by this Agreement. When naming the City as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Make no change or cancellation in insurance without thirty (30) days prior written notice to the City. File original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein with the City for approval before work is started. The certificate must state the Proposal Number and Title. Upon expiration of the required insurance, the Contractor must submit updated certificates of insurance during the term of this Agreement. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting from the work performed under this Agreement. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless provision which shall be a part of the indemnification provided by the contractor. “The Contractor hereby agrees to indemnify and hold harmless the City of Ocoee, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amounts of coverage in the RFP for each occurrence and for all damages to the RFP #24-009 Emergency-Disaster Debris Removal 82 property of others in and up to the amounts of coverage in the RFP for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits arising out of any and all acts or omissions by the Contractor, its agents, servants, or employees, or through the mere existence of the project under contract.” The foregoing indemnity contract shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees, as determined by a court of competent jurisdiction. The foregoing shall not be construed as a limitation on the liability of the Contractor, but merely as a statement related to insurance coverage with respect to such indemnity. In addition: The Contractor shall notify its insurance agent without delay of the existence of the indemnification provisions contained within this Agreement, and furnish a copy of this Agreement to the insurance agent and carrier. The Contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City under the indemnity contract from any and all claims arising out of contractual operations. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall be made available to the City upon request to the Contractor. No deductibles will be allowed in any policies issued on this Agreement unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. Compliance by the Contractor with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and obligations under any section or provision of this Agreement or under applicable law. Insurance coverage required shall be in force throughout the term of this Agreement. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the term, the City shall have the right to consider this Agreement breached and declare a default by the Contractor. If the Contractor does not meet the insurance requirements of this Agreement, alternate insurance coverage, satisfactory to the City, may be considered. Contractor shall furnish the City with a performance and payment bond in the amount of $500,000.00 within five (5) days of written Notice to Proceed issued by the City. Miscellaneous Provisions. The City and other authorizing agencies shall have the right to inspect the site, verify quantities and review operations at any time. RFP #24-009 Emergency-Disaster Debris Removal 83 The Contractor shall not employ subcontractors without the advance written permission of the City. Contractor shall not assign this Agreement without the advance written consent of the City. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor shall conduct the Work so as not to interfere with the disaster response and recovery activities of federal, state, and local governments or agencies, or of any public utilities. All activity associated with debris operations shall be performed during visible daylight hours only. The Contractor may work daylight hours seven (7) days per week, including holidays. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. The Contractor shall at all times, keep the its work areas free from accumulation of waste materials or rubbish caused by its operations, and promptly remove any such materials to an approved disposal location and leave each location where it performs services in a broom clean condition. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables left on City property by the Contractor. This Agreement is considered a non-exclusive Agreement between the parties. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. A party shall initiate mediation by serving a written request for mediation on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the City shall select the mediator who, if selected solely by the City shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference. The parties agree that this Agreement was entered into in Orange County, Florida, and that the performance of the parties under this Agreement shall be deemed to be RFP #24-009 Emergency-Disaster Debris Removal 84 accomplished in Orange County, Florida, and that payment is due in Orange County, Florida, and that the venue for any mediation, collection or enforcement action under this Agreement shall be in Orange County, Florida. The exclusive venue of any litigation or other judicial proceeding between the parties shall be the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The laws of the State of Florida shall govern the validity, construction and performance of this Agreement without reference to its conflict of laws provisions. WAIVER OF JURY TRIAL Contractor hereby voluntarily and intentionally waives the right to a trial by jury in respect to any litigation arising out of, under, or in connection with this Agreement or in connection with any course of conduct, course of dealing, statements (whether verbal or written) or action of either party, whether in connection with this Agreement or otherwise unrelated thereto. This Waiver of Jury Trial shall be binding upon all successors and assigns of the parties hereto. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. This Agreement, including Exhibit “1” and Exhibit “2” hereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. Compliance with Federal Law. In addition to compliance with the Required Contract Provisions for Federal-Aid Construction Contracts stated in the RFP, and the RFP Exhibits that include the contractor’s required certifications and affidavits, and incorporated herein by reference, the Contractor shall coordinate with the City, the Federal Highway Administration (FHWA) and the Federal Emergency Management Agency (FEMA) in the performance and administration of the federal requirements of this contract. Contractor acknowledges that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives, and FHWA regulations, as amended from time to time. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from this contract. Accordingly, the services required in this RFP are being solicited in accordance with 2 C.F.R. Section 200.317-327. The Contractor also acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Order of Precedent. In the event of a conflict between the provisions of this Agreement along with the terms of the RFP and its Exhibits, and Federal Code, the more restrictive rule shall prevail. Severability. If any part, section, subsection, or other portion of this Agreement is declared void, unconstitutional, invalid for any reason, such part, section, subsection or other portion, or the prescribed applications thereof, shall be severable, and the remaining provisions RFP #24-009 Emergency-Disaster Debris Removal 85 of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid shall remain in full force and effect. The City and the Contractor declare that no invalid or prescribed provision or application was an inducement at the execution of this Agreement, and that they would have executed this Agreement, regardless of the invalid or prescribed provision or application. Attorneys Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provisions of this Agreement or because of a breach by the other party of any of the terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings and the right to such reasonable attorneys’ fees, paralegal fees, and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Notices. All notices and approvals which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be made or given (i) by certified mail, postage prepaid, return receipt required, (ii) by hand delivery to named individuals representing the party to be notified, or (iii) by private parcel, next day (delivery service). Notices, including notice of a change of address or telephone number, shall be addressed or transmitted to the addressees set forth below, or that a party may otherwise designate in the manner prescribed herein: As to the City: City of Ocoee 1 North Bluford Avenue Ocoee, Florida 34761 Attention: Procurement Manager Phone: (407) 905-3100 with a copy to: Director of Public Works City of Ocoee 1 North Bluford Avenue Ocoee, Florida 34761 Attention: Director of Public Works Phone: (407) 905-3170 As to Contractor: Notices and approvals given or made as aforesaid shall be deemed to have been given and received on the date of actual receipt. Entire Agreement: This Agreement embodies and constitutes the entire understandings of the parties with respect to the matters contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written are merged into this Agreement. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. RFP #24-009 Emergency-Disaster Debris Removal 86 Captions: Captions of the section and subsections of this Agreement are for the convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. Public Records Compliance: The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, ccdl@ocoee.org, WITH AN OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE, FLORIDA 34761. E-Verify: By entering into the Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. RFP #24-009 Emergency-Disaster Debris Removal 87 Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (Signature page follows.) RFP #24-009 Emergency-Disaster Debris Removal 88 IN WITNESS WHEREOF, Contractor and the City have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. Witness Print Name: Witness Print Name: CONTRACTOR: , a corporation By: Name: Title: (SEAL) ATTEST: Melanie Sibbitt, City Clerk (SEAL) CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _____ day of __________, 20__. FISHBACK DOMINICK BY: Richard S. Geller, Esq., City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ____________________, 20__ UNDER AGENDA ITEM NO. _______ RFP #24-009 Emergency-Disaster Debris Removal 89 EXHIBIT “1” RFP #24-009 WITH RFP EXHIBITS INCLUDING FEDERAL REQUIREMENTS (To be added at time of execution) RFP #24-009 Emergency-Disaster Debris Removal 90 EXHIBIT “2” CONTRACTOR’S PROPOSAL (To be added at time of execution) RFP #24-009 Emergency-Disaster Debris Removal 91 EXHIBIT “G” DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas 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 is 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. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature: By: (Print or Type Name) Title: Date: ______________________ RFP #24-009 Emergency-Disaster Debris Removal 92 EXHIBIT “H” CONTRACTOR E-VERIFY AFFIDAVIT I hereby certify that [insert contractor company name] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. A true and correct copy of [insert contractor company name] proof of registration in the E-Verify system is attached to this Affidavit. Print Name: Date: STATE OF FLORIDA COUNTY OF _ The foregoing instrument was acknowledged before me by means of □physical presence or □online notarization, this (date) by (name of officer or agent, title of officer or agent) of (name of contractor company acknowledging), a _________ (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced ____________________ (type of identification) as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires: _______ RFP #24-009 Emergency-Disaster Debris Removal 93 EXHIBIT “I” SAM.GOV REGISTRATION INFORMATION In accordance with applicable federal requirements, the City of Ocoee will verify all bidders on SAM.gov (System for Award Management) for federal debarment or suspension exclusions as a responsibility determination. The City of Ocoee requires the successful Bidder to register with Sam.gov, if not already registered, prior to execution of this contract. Contractor: ______________________________________________________________ Unique Entity ID (UEI) number: __________________________________________ CAGE Code: __________________________________________________________ Physical Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ Expiration date of Registration: ___________________________ RFP #24-009 Emergency-Disaster Debris Removal 94 EXHIBIT “J” BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION The undersigned, [Company] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Contractor, [Company] , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official RFP #24-009 Emergency-Disaster Debris Removal 95 EXHIBIT “K” SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by (Entity) by , (Print individual's Name & Title) whose business address is 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies). RFP #24-009 Emergency-Disaster Debris Removal 96 Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Date: Name of Bidder (Contractor) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this day of , 20__. Notary Public My Commission Expires: RFP #24-009 Emergency-Disaster Debris Removal 97 EXHIBIT “L” CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES This certification relates to a contract proposed by the City of Ocoee. Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race, color, national origin, gender, age, handicapped status, veteran status, and/or religion in performing the work governed by this contract. The City is an Equal Opportunity Employer (EOE) and as such encourages all contractors to comply with EOE regulations. Any subcontract the Contractor may enter into shall include this clause with the same degree of application being encouraged. I am the undersigned prospective construction contractor or subcontractor. I certify that: (1) I have I have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I have I have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier sub-contractors when I receive bids or offers or initiate negotiations for any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. Date , 20___. By: (Signature of Authorized Official) (Name of Construction Contractor or Subcontractor) (Address of Construction Contractor or Subcontractor) (Telephone Number) (Employer Identification No.) RFP #24-009 Emergency-Disaster Debris Removal 98 EXHIBIT “M” CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder 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 on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he 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 he will retain such certifications in his files. Governing Law: The nondiscriminatory 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. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. By: (Title) Official Address (including Zip Code): RFP #24-009 Emergency-Disaster Debris Removal 99 EXHIBIT “N” Certification Regarding Scrutinized Companies’ Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent:____________________________________ By:__________________________________________________ (Authorized Signature) Title:_________________________________________________ Date:_________________________________________________ RFP #24-009 Emergency-Disaster Debris Removal 100 EXHIBIT “O” RFP CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, or any FEMA, FHWA, FDOT employee, who owns assets or capital stock, directly or indirectly, in the Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Evaluation Committee members, and other key City employees and consultants involved in the award of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: _________ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this Proposal. _________ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Proposal. Acknowledged by: ____________________________________________________________________________ Firm Name ____________________________________________________________________________ Signature ____________________________________________________________________________ Name and Title (Print or Type) ____________________________________________________________________________ Date RFP #24-009 Emergency-Disaster Debris Removal 101 EXHIBIT “P” RFP #24-009 COMPANY INFORMATION & SIGNATURE SHEET FAILURE TO COMPLY WITH THESE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE “SCOPE OF WORK/ FEE RATES PROPOSAL FORM” ARE ACCURATE AND WITHOUT COLLUSION. THE RESPONDENT FURTHER AGREES TO COMPLY WITH ALL FEDERAL REQUIREMENTS IN THE PERFORMANCE OF THIS CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (print) _________________________________ _________________________________ ________________________________ _________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual; _____Corporation; _____ Partnership; _____ Other (Specify)____________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of _______________, 20____. Personally Known___________ or Produced Identification_________ __________________________ Notary Public - State of _______ (Type of Identification) County of __________________ ___________________________ Signature of Notary Public ___________________________ Printed, typed or stamped Commissioned name of Notary Public RFP #24-009 Emergency-Disaster Debris Removal 102 EXHIBIT “Q” PREVAILING WAGE RATES – ORANGE COUNTY, FL "General Decision Number: FL20240180 01/05/2024 Superseded General Decision Number: FL20230180 State: Florida Construction Type: Highway County: Orange County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. RFP #24-009 Emergency-Disaster Debris Removal 103 Modification Number Publication Date 0 01/05/2024 ELEC0915-004 12/04/2023 Rates Fringes ELECTRICIAN......................$ 33.59 42.5%+$0.35 ---------------------------------------------------------------- SUFL2013-041 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 15.73 ** 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.95 ** 0.31 FENCE ERECTOR....................$ 10.23 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine).....$ 15.45 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Painter.........................$ 12.13 ** 0.00 IRONWORKER, ORNAMENTAL...........$ 13.48 ** 0.00 IRONWORKER, REINFORCING..........$ 16.28 ** 0.00 IRONWORKER, STRUCTURAL...........$ 16.42 ** 0.00 LABORER (Traffic Control Specialist)......................$ 11.61 ** 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 14.05 ** 0.00 LABORER: Common or General......$ 10.95 ** 0.00 LABORER: Flagger................$ 13.09 ** 0.00 LABORER: Grade Checker..........$ 15.25 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.58 ** 0.00 LABORER: Pipelayer..............$ 14.12 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 18.33 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 12.88 ** 0.00 OPERATOR: Broom/Sweeper.........$ 12.91 ** 0.00 OPERATOR: Bulldozer.............$ 15.22 ** 0.00 RFP #24-009 Emergency-Disaster Debris Removal 104 OPERATOR: Concrete Finishing Machine..........................$ 15.44 ** 0.00 OPERATOR: Crane.................$ 23.11 0.00 OPERATOR: Curb Machine..........$ 18.45 0.00 OPERATOR: Drill.................$ 13.04 ** 0.00 OPERATOR: Forklift..............$ 10.43 ** 0.00 OPERATOR: Gradall...............$ 14.71 ** 0.00 OPERATOR: Grader/Blade..........$ 18.20 0.00 OPERATOR: Loader................$ 14.64 ** 0.00 OPERATOR: Mechanic..............$ 18.05 0.00 OPERATOR: Milling Machine.......$ 14.79 ** 0.00 OPERATOR: Oiler.................$ 16.67 ** 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 14.91 ** 0.00 OPERATOR: Piledriver............$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 15.97 ** 0.00 OPERATOR: Roller................$ 13.50 ** 0.00 OPERATOR: Scraper...............$ 12.21 ** 0.00 OPERATOR: Screed................$ 14.24 ** 0.00 OPERATOR: Trencher..............$ 14.25 ** 0.00 PAINTER: Spray..................$ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation......$ 17.23 0.00 TRUCK DRIVER: Dump Truck........$ 13.82 ** 0.00 TRUCK DRIVER: Flatbed Truck.....$ 14.28 ** 0.00 TRUCK DRIVER: Lowboy Truck......$ 15.89 ** 0.00 TRUCK DRIVER: Slurry Truck......$ 11.96 ** 0.00 TRUCK DRIVER: Water Truck.......$ 13.29 ** 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher RFP #24-009 Emergency-Disaster Debris Removal 105 minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. RFP #24-009 Emergency-Disaster Debris Removal 106 Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described RFP #24-009 Emergency-Disaster Debris Removal 107 in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" RFP #24-009 Emergency-Disaster Debris Removal 108 EXHIBIT “R” MAP – ROADWAYS ON THE FEDERAL AID SYSTEM IJ437IJ439 IJ435IJ526 IJ439ST91 ST438 !(50ST429 ST408 LAKE RHEA TROUT LAKE LAKE ADDAH LAKE SIMS LAKE MEADOW STARKE LAKE SPRING LAKE LAKE OLYMPIA LAKE STANLEY LAKE JOHIO LOTTA LAKE LILLY PRAIRIE LAKE LAKE BENNET LAKE HACKNEY LAKE LAKE PRIMA VISTA LAKE MOXIE PEACH LAKE LAKE APOPKA LAKE WHITNEY W COLONIAL DR CLARKE RDWESTERN EXPRESSWAYMAGUIRE RDHEMPEL AVOCOEE APOPKA RDMCCORMICK RD STORY RD EAST WEST EX CLARCONA OCOEE RD GOOD HOMES RDAPOPKA VINELAND RDA D MIMS R D OLD WIN T E R G A R D E N R D WURST RD ROBERSON RD CLARKE RDFLTU R N PIK E PLANT S T MAINE STEAST CROWN POINT RDGENEVA STBLUFORD AVORLANDO AV TOMYN BVMAGUIRE RDSILVER STAR RD MARSHALLFARMS RDI Roadways on the Federal Aid System Updated: April 2024 0 0.25 0.50.125 Miles City of Ocoee Unincorporated Territory and Other Municipalities State Roads on Federal Aid System Local Roads on Federal Aid System Local Roads not on Federal Aid System