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Item #09 Approval for Award of RFP #11-001 Emergency-Disaster Debris Removal Term Contract ��eCente1 of Goon L1, _k QCOE: 'a. AGENDA ITEM COVER SHEET Meeting Date: December 7, 2010 Item # 9 Reviewed By: Contact Name: Joyce Tolbert Department Director: Contact Number: 1516 City Manager: Subject: Award of RFP #11 -001 Emergency- Disaster Debris Removal Term Contract Background Summary: The City's current continuing contracts for Emergency- Disaster Debris Removal do not expire until July, 31, 2011. The current contracts will be allowed to expire on their expiration date as the contracts do not have a termination for convenience clause. The City will not be issuing task authorizations awarding work under these contracts because of the new federal requirements. The Florida Department of Transportation (FDOT) informed the City that Federal requirements had recently changed; therefore, a new RFP was advertised in order to incorporate new Federal Emergency Management Agency (FEMA) and FDOT requirements. FDOT has reviewed the RFP and contract documents for compliance. The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and machinery, experience with similar contracts, price proposal, and a successful reference check. The contract shall consist of a one (1) year term with four separate automatic one (1) year renewal terms, for a total of five (5) years. Issue: Award term contracts for Emergency- Disaster Debris Removal Services to the three (3) short- listed firms recommended by the Selection Committee. Recommendations Staff recommends that the City Commission award three (3) Term Contracts for RFP #11 -001 to Bamaco, Inc., Ceres Environmental Services Inc., and TFR Enterprises, Inc., and authorize Staff to proceed with contract negotiations with the selected firms once the required insurance and performance bonds are secured, and authorize the Mayor, City Clerk, and staff to execute all necessary contract documents with these firms. Attachments: 1. RFP #11-001 2. Bamaco Letter of Interest 3. Ceres Environmental Letter of Interest 4. TFR Letter of Interest 5. RFP Shortlist/Evaluation Form 6. RFP Checklist Financial Impact: As budgeted each fiscal year. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading / Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Mayor c of Good L . Commissioners S. Scott Vandergrift ... Gary flood, District 1 Rosemary Wilsen, District 2 City y Mana g er t o � - � � Rusty Johnson, District 3 Robert Frank Joel Keller, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Joyce Tolbert, Purchasing Agent DATE: November 15, 2010 RE: Award of RFP #11 -001 Emergency- Disaster Debris Removal Term Contract ISSUE Award term contracts for Emergency- Disaster Debris Removal Services to the three (3) short - listed firms recommended by the Selection Committee. BACKGROUND/DISCUSSION The City's current continuing contracts for Emergency- Disaster Debris Removal do not expire until July, 31, 2011. The current contracts will be allowed to expire on their expiration date as the contracts do not have a termination for convenience clause. The City will not be issuing task authorizations awarding work under these contracts because of the new federal requirements. The Florida Department of Transportation (FDOT) informed the City that Federal requirements had recently changed; therefore, a new RFP was advertised in order to incorporate new Federal Emergency Management Agency (FEMA) and FDOT requirements. FDOT has reviewed the RFP and contract documents for compliance. The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and machinery, experience with similar contracts, price proposal, and a successful reference check. The contract shall consist of a one (1) year term with four separate automatic one (1) year renewal terms, for a total of five (5) years. The RFP describes the services which are required for the execution of Natural Disaster - related emergency debris removal from Federal -Aid Highway segments, State, local, and private roadways within the City of Ocoee 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 regulation. Roads will be identified by the City and direction given to the Contractor for roads and limits for which the Contractor will be responsible for within each County assigned. The City reserves the right to add or delete roadway 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), or other federal natural disaster response agency shall be provided for all debris removal operations to ensure reimbursement to the City from the appropriate federal agency. The RFP was advertised on September 12, 2010 and was publicly opened on October 12, 2010. The Finance Department reviewed the qualification packages and all were considered responsive. Due to proposal sizes, complete copies of all responses are available in the Finance Department for your review. The nineteen (19) responses were evaluated by the RFP Selection Committee which was comprised of five (5) members: Pam Brosonski, Finance Manager; Al Butler, CIP 1 Manager; Richard Campanale, Operations Manager; Steve Krug, Public Works Director; and Bill Simmons, Operations Manager. The public RFP selection committee meeting was held on November 9, 2010 with the Selection Committee evaluating and short- listing the firms on specific evaluation criteria. Please see the attached shortlist/evaluation form. The selection committee recommends contracting with the following top three (3) firms: 1. Bamaco, Inc. a , 2. Ceres Environmental Services, Inc. 3. TFR Enterprises, Inc. Responses were also received from: All Florida Guardrail Corp; Arbor Tree & Land d/b /a ATL Disaster Recovery; Ashbritt Inc; Asplundh Environmental Services Inc; The BG Group LLC; Bergeron Emergency Services Inc; Byrd Brothers Emergency Services; Crowder Gulf Joint Venture Inc; D &J Enterprises Inc; DRC Emergency Services LLC; JB Coxwell Contracting Inc; Omni Pinnacle LLC; Phillips and Jordan Inc; Storm Reconstruction Services Inc; TAG Grinding Services; and Unified Recovery Group. 2 Z § \ / / / / / § \ / / / / < MI z \ / / / / / - I- E§ c c c r c c c c c - # E G = E E ( Z a ; ; « a < § { ( { 0 ( < E { { 7 / 0 < 01 g u e = 01 a u e » a » w : » \ / So _ \ iii -3 { -' \ co - 0 \ f x. > % 2 } co co \ J p 0 0 o& «(= a CO a = c a CO eo = c . o \ E j/ X {- Ill m a § a e/ 2 / 0 \ cn § 9 \ m §ƒ k § m « w = 5 KJ > 01 a § [ = CO = = w w - } « 2 E q \ •0 GJ M 70 0 �7 \ )} / } co o » rn { ®% &\ B $ o Z co - a J « \ ? a a a ( / a e w= w \ 71 xi O •/ k Mm CA xi @ / e2 2m m m 2 -. \ r 2 a 7} e e = w w \ � w w ® c a ° \ -I < 0 0. m a g ai K Z n = a e � x o. o� 2 a a= } o e C o r e = �� CD 2 =0 e / 0 / 2 ) �/ 0 —I 0 CO oc- > .a to a _a. 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A N N (0 x n N N O.( O O N O O (T N N CO 000-40000000100 (j O O o 0 0 0 O o O O 0 O O O m O O o 0 o 0 0 0 O o O 0 0 0 C Z C 1 Vi EA 0) EA EA CA V) 69 EA W N EA W A E-) W W W A 0 0 Vi V) EA X 0 N co 07 Ell V 07 07 V Cn 0 0 -+ N V 5 N O. N O O (T O O U O O O V O O m 7J 01 0 0 0 0 0 0 0 0 0 (11 0 0 '1 N (D CD (D (D (0. (D (D O O w w w (n rn m 0 (n m 69 > 0 EA (A EA EA EA EA E. r -.4 EA 69 N EA . W 6969- N 69- N'9 , 0 0) 7 ) 01 c0 O V U1 A V 0 0 0 (P O (P O V 01 0 N 0 0 U1 N 0 N 0 N C 0 0 0 0 U1 0 0 0 0 0 0 U O 0 0 L O O O O o 0 0 0 0 O 0 O 0 O m 0 O o 0 0 0 0 0 0 0 o O o 0 C Z m X 0 m - O D r 73 M n m - # A 1'V C • • • est Highway 100 • Bunnell, Florida 32110 Office (386) 586 -1281 Fax (321) 445 -6043 info@bamaco.com To the City of Ocoee Officials, Bamaco, Inc's management team has been in the disaster response business for over 35 years. We have worked every major disaster since Hurricane Fredrick in 1979. Additionally, BAMACO's key personnel have worked together in response to hurricanes, ice storms, oil spills, tornadoes, floods, earthquakes and forest fires throughout the United States. Bamaco, Inc. currently holds over 160 pre -event contracts located throughout the United States. In an emergency situation this highly skilled and professional team can provide direction on funding, required training and other elements necessary to meet FEMA's ever changing standards. BAMACO, Inc. has the finest up -to -the minute and state -of -the -art telephones, faxes, and telecommunications available from satellite feeds at the home office and extended to our mobile command units in the field to assure constant means of communication to keep our management staff apprised of the ever - changing developments. Bamaco, Inc. has an arsenal of equipment and manpower on standby to assist you in a time of need. BAMACO, Inc. works hard to ensure that safety, quality and professionalism are maintained on every job. Additionally, BAMACO, Inc. takes pride in finishing all work in a timely manner. Please accept the following information on our company. Feel free to visit our website at www.bamaco.com. Corporate Office: 386 -586 -1208 Corporate Fax: 321 - 445 -6043 386 -586 -1281 386 -586 -3663 386 -586 -3656 Email: bamacoinc(a,aol.com Partial List of Company personnel: 386- 586 -3656 Office/Home Robert M. Mitchell, President 386-580-1281 Office/Home Robert M. Mitchell, President 386 -886 -1208 Office/Home Robert M. Mitchell, Preside: 407 -567 -8754 Cell Robert M. Mitchell, President 321 -445 -6043 Office PFax m A 386 - 586 -3663 Office Fax 0A 1 256 - 996 -7202 Cell Eva Richardson / Office Manager 251 -747 -4238 CeII Jeff Lewis 1 Project. Manager '' , 251- 747 -8249 Celt Joe Holloway/ Project Manager IN 251 - 747 -7159 Cell Charles Pullen / Project Manager o; .e t 407- 427 -8790 Cell Pete Gonzalez / Project Manager �J 229. 444 -1730 Cell John Chavers / Meteorologist T Fa 12 "b. ®AMA ) °. ■ ANY of the numbers can be reached 2417, .7 days a week. F do not hesitate to call. Bamaco Inc has over 100 managers that are ready to assist you during your time of need. f , I ; l - `�'., I, Il ROBERT M. MITCHELL TAB 1 ( - PRESIDENT t h. (. BAMACO, INC. i 6869 WEST HWY 100 W BUNNELL, FL 32110 ;F L BAMACO, Inc Is an Equal Opportunity Employe i q y I► OFFICE: 38 6- 566.1261 ^"stt FAX: 321 - 445 -6043 v ' BA MACOINC(�AOL.COM - FN + � 9 +� ;J ,� � r ll,'*' 1 .+sf ; ! > .4k ' ' www.BAMACO.coM , a ',Ott t ' v, y p PI' ALABAMA OFFICE <, : `'' s hi ?,i •t 4 h ,, ri f 1 -- } 3 > , I .OAi, ; 1 ' i, 1 , 1 548 Co RD 633 ` , ' } ' a. 4 c v �+ + , t }�� ° ' iM a � , .t w � � ti� , 1 � n � g +te 7>,f�. � ay dap v , �7 � �, , y ^ t,Ii MENTONE, AL 35984 � 7 7Ax �a rI ° � s " �' , A. 4 a n4 1 t ' '' fly 1 , �" ' 7 rF r fi A rs j �c Y <` ?° 7'r � � a ,A , ,. , OFFICE: 256 - 312 -1403 ysty V i t,1, t t 1 4 �` Y o. l tt ; ` " g'' a Yr0 '`N, FAX: 321. 445.6043 q ; ,< .-,... y x., v r n , . , . . G. , h AO; r 1 , .. " • �, www.BAMACO.coM 1 �' 1 � ,- y, '. j fl : 1 3° e ADDRESSING THE NEEDS OF FEDERAL, STATE AND LOCAL er GOVERNMENTS FOR EMERGENCY DISASTER RECOVERY. q . BAMACO offers a full line of professional, public and private environmental ° `° w:r rI services to accommodate any situation that may arise during the course of „ ii . -4" a natural or manmade disaster. BAMACO has an Arsenal of Personnel and s 'tea , r : ' Equipment at its disposal to assist the City of Ocoee with debris removal aftera disaster. a fi i BAMACO, Inc. agrees to meet the performance specifications outlined under the scope of work in the City of Ocoee. BAMACO, Inc. has the finest up -to- Our experience, management the - minute and state -of- the -art controls and detailed documentation telephones, faxes, and process ensures that agencies eligible . . telecommunications available from for disaster related funds, receive the •w , ,. satellite feeds at the home office and maximum amount allowed for funding • extended to our Mobile Command units on projects of this nature. '<. ' in the field to assure constant means of Our management staff has communication to keep our combined experience with over 550 BAMACO, Inc. has been incorporated management staff apprised of the ever- related completed FEMA, Federal and for 7 years and is a Woman Owned changing developments. State projects. These projects Business Enterprise with BAMACO, Inc. works hard to ensure combined relate to over a Billion ownership interest as follows: that safety, quality and professionalism Dollars in earned revenues. are maintained on every job site. • Beverly R. Mitchell 51% Additionally, BAMACO, Inc. takes pride BAMACO, Inc's Owners have • Robert M. Mitchell 49% in finishing all work in a timely manner. been involved in disaster • Incorporated 8 -27 -2003 in the This drive is the backbone of BAMACO, management operations for 35 State Of FLORIDA Inc. and our excellent reputation. years, providing services to • Officers have been in the Cities, Counties and States. disaster response business From the President since January of 1975. I submit the attached proposal in response to the City of Ocoee's RFP. All terms and conditions of this information package have been acknowledged by me. As President, I am the authorized representative of BAMACO, Inc. and declare that the information is in all respects fair and in good faith without collusion or fraud. Additionally, I will be the contact for technical and contractual clarifications throughout your decision process. ti Robert M. Mitchell 10/11/2010 r,= ," :ti4 1011;1 , <•121rr &= r -11:Va 44 I 1 CERE October 8, 2010 City of Ocoee Attn: Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, Florida 34761 -2258 RE: Request for Proposals (RFP) #11 -001 Emergency- Disaster Debris Removal Term Contract Due: October 12, 2010 at 2:00 PM ET Dear Ms. Tolbert: We are pleased to subrnit the enclosed proposal for the City of Ocoee Request for Proposals (RFP) #11 -001 Emergency- Disaster Debris Removal Term Contract. Ceres is an experienced disaster recovery and government contracting firm, capable of providing its personnel and equipment resources to rapidly and efficiently respond to a disaster recovery event. Our services include debris removal and segregation, t demolition and hazardous material management, debris reduction and site fir. management, and the collection /generation of FEMA and FHWA- required project documentation. In 2008, Ceres received an "Outstanding" performance review from the U.S. Army Corps of Engineers for our work in Louisiana following Hurricane Katrina. We are confident that if Ceres is selected for an event response based on this proposal, you will also find our services to be exemplary. We have a long list of satisfied clients and would be pleased to serve your community as well. Our corporate office in Sarasota, FL provides an excellent location from which to manage our post- disaster work in Ocoee. Other permanent offices for Ceres Environmental Services, Inc. give us good geographical dispersion. Those offices are located in Kenner, LA; Brooklyn Park, MN; Houston, TX; and Puerto Rico. Additionally, Ceres has equipment storage facilities at Bonifay, FL and Houston, TX. Forty -seven full -time professional and managerial staff at Ceres have disaster experience. Key individuals that would be assigned to this contract include: David A. McIntyre, President, in an oversight capacity; John Ulschmid, Vice President, in a managerial capacity; David Preus, Assistant Vice President, in a managerial capacity; Gail Hanscom, Project Manager, in a support capacity; Paul Wise, Project Superintendent, in a field managerial capacity; and others depending on the severity and size of the event. Biographical descriptions follow in the proposal. FLORIDA I LOUISIANA I MINNESOTA I TEXAS I PUERTO RICO 6960 Professional Parkway I Sarasota, FL 342401 Or cE B00 218 4424 1 FAX 866.228 5636 l eresenNronmental.cam David A. McIntyre, President, owns 100% of the stock of Ceres Environmental Services, kkiir Inc. The following chart lists the name and business address of each officer of the corporation: David A. McIntyre, President 6960 Professional Parkway East Sarasota, FL 34240 John Ulschmid, Vice President 2323 Bainbridge Street Kenner, LA 70062 Steve Johnson, Corporate Secretary 3825 85 Avenue North Brooklyn Park, MN 55443 David Preus, Assistant Vice President 6960 Professional Parkway East Sarasota, FL 34240 Company Officers have signature authority to bind the company and can all be reached by calling Ceres' toll free number, 1- 800 - 218 -4424. We look forward to the opportunity to be your supplier of disaster recovery services. Sincere y, Steven M. Johns Corporate Secretary Ceres Environmental Services, Inc. Enc. Section 1: COMPANY INFORMATION T.F.R• Enterprises, Inc. D I S A S T E R R E S P O N S E D I V I S I O N 601 LEANDER DRIVE•LEANDER,TX78641•TEL 512/260- 3322•FAX512/52 8-1942 INTRODUCTION City of Ocoee Finance /Purchasing Department Attention: Joyce Tolbert Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 Re: RFP #11 -001 "Emergency Disaster Debris Removal Term Contract." Dear Ms. Tolbert: Thank you for providing us the opportunity to submit the following proposal and offering our contractual services for debris removal disposal for the City of Ocoee. k r TFR Enterprises, Inc. is a dedicated disaster and debris management corporation whose headquarters are located in Leander, Texas. The company was incorporated on June 12, 1989. Tipton F. Rowland is the sole stockholder in TFR Enterprises, Inc. TFR also owns and operates a tub- grinding division, located in Alpharetta, Georgia, responsible for vegetative debris reduction and recycling projects, as well as a field management and staging location in Floral City, Florida. Although disaster response remains our primary business, the principals of TFR have over 25 years of experience in related industry including, land - clearing, stream and river diversion, tree removal, trimming and pruning on parks, golf courses and rights -of -way, tree repair and maintenance, debris recycling, tub grinding, hauling and demolition. TFR's principals and officers have been intimately involved with the principals and concepts which have evolved in disaster debris management field since Hurricane Andrew struck the South Florida coast in 1992. We have participated in many annual "tabletop" planning events involving various public entities since 1998, as well as attending and participating in exit (sometimes referred to as "hotwash ") exercises following the completion of debris operations. We have developed accounting procedures and software that can accommodate not only the Applicant in its' reporting and reimbursement requirements for FEMA, but for the subcontractors and employees as well. Since 1996, T.F.R. Enterprises, Inc. has served the public and private sectors of North America as a provider of expedient, cost - effective disaster debris management, removal, reduction, recycling and disposal services. Our Contract experience involves all phases of recovery after 1 disasters generated by hurricanes, wind or ice storms, tornados, floods, drought, wildfires or radical disease infestation. Services we have successfully provided in the past include; ➢ Debris Damage /Quantity assessments ➢ Emergency Road Clearance ➢ Hazardous Tree, Limbs and Root Removal ➢ Debris Removal from Streams and Canals ➢ Vegetative, C &D, HHW and White Goods Removal from Rights -of -Way and from Private Property ➢ Demolition of Structures ➢ Temporary Debris Storage and Reduction (TDSRS) also known as Debris Management Sites (DMS) preparation, management, restoration and close -out ➢ Debris Reduction by Grinding, Open -Burn and Air Curtain Incineration ➢ Debris removal from TDSRS/DMS and disposal ➢ Debris Removal from Stream and Canal Restoration ➢ Beach and Sand Cleaning and Restoration ➢ Equipment and Manpower leasing ➢ Contract Management and Compliance Oversight During the most recent declared hurricane disaster, Hurricane Ike, which struck the Texas Coast in 2008, TFR supplied crews to assist the USACE contractor with the task of opening up Interstate Highway 45 between Houston and Galveston and the Galveston Beach Road 3005 so that other contractor and rescue /recovery crews could access the damaged area. This assistance was provided in addition to TFR's response and performance to 6 of its own prime k ir contracts (which included two counties) removing in excess of 1,400,000 cubic yards of debris. All of the contracts, which TFR performed, were closed out, completed, and accepted within 120 days. In addition to our history of performance provided to State, Federal and Municipal entities, on many occasions, TFR has been engaged to provide the services and complete debris removal contracts for other contracting companies that do not have the equipment, management, or experienced personnel to carry out their debris removal commitments. During the 2005 Hurricane Season, which saw major damages from Hurricanes Dennis, Katrina, Rita and Wilma, TFR performed work simultaneously in Texas, Louisiana, Mississippi, Alabama and Florida. In addition to our own prime contracts, TFR supplied not only the equipment and personnel, but also the Management, Supervision, Negotiation, Quality Control, Financing and Compliance Procedures for two prime contractors who had previous agreements to perform the work. All in all, as a result of the four storms that struck that year, the total amount of debris handled by TFR exceeded 6,000,000 cubic yards within 180 days. TFR Enterprises, Inc. has the ability to respond quickly to a disaster event should it occur in Ocoee. In the case of a predictable event such as a hurricane, TFR personnel would be tracking the hurricane and already have equipment and personnel staged at its Floral City office and yard location, prior to landfall, so that mobilization could begin within hours of the passing of the storm. TFR personnel would be in contact with the officials of Ocoee prior to the hurricane's strike and can respond and begin work within hours of a Notice to Proceed. Based on historical performance, our projected 2 time line for clearing, removal (including multiple passes) and disposal following an event generating 200,000 cubic yards of debris would be as follows: yp Y N Activity Y1 a a — IJ o, 4v, u. it, to. 8. �, S Prcpvalion touL R Cleating . i ! i , i . i TDSRSI 0 1 j j i n I i i TDSRS2 t open , , TosRSSga I ' i Open r l I j j ' . TDSRSSd6 ' ! I Open i i ! ! I I j Laval R j i i I 1 i i I i Haul ! ' ; j I i 1 Ircinennion I i ! I I i i i i T I I 1 i i j Grinding ! i I i 1 l j i Haul out ; Mulch !' 3 r i I y! k w Haul out I ! I I cao.AAIaIw j I i i I I ( j TDSRS i 1 i f ! i Restorations ( We have a history of safe, rapid, and complete service in the emergency response industry with many Federal, State and Local governments. The principals and employees of TFR are proud of their reputation for providing expedient, cost - effective disaster debris management, removal, reduction, recycling and disposal services on the more than 100 private, State, Federal and Municipal entities over the past 14 years. During that time, TFR Enterprises' employees and principals have developed a thorough Disaster Response and Debris Management Plan to address the issues of debris removal and disposal and explain the company's methodology and technical approach to FEMA, FWHA and NRCS funded disaster response project. Although this RFP did not request any information regarding proposer's technical approach to such projects, we would be happy to provide the complete Management Plan (more than 150 pages) upon request. Signed, Tipton F. Rowland, President 3 C of Good L Mayor t tl�e Commissioners S. Scott Vandergrift , k :�` Gary Hood, District 1 Rosemary Wilsen District 2 City Manager cE Rusty Johnson, District 3 Robert Frank ; Joel F. Keller, District 4 Florida CITY OF OCOEE REQUEST FOR PROPOSALS RFP #11 -001 EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT TABLE OF CONTENTS RFP #11 -001 EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT RFP DOCUMENTS Section Page Legal Advertisement 3 - 4 Proposal Instructions 5 - 8 General Terms & Conditions 9 - 23 Summary of Litigation *, p. 20 Acknowledgement ofAddenda *, p.20 List of Subcontractors *, p. 20 Equipment Listing *, p. 21 References /Experience *, pp. 21 SCOPE OF SERVICES, PROPOSAL FORM, FEDERAL REQUIREMENTS, AND PROPOSED CONTRACT Section Page Exhibit A — Scope of Services 24 - 32 Exhibit B — Contract Performance Bond (for information only) 33 - 35 Exhibit C — Proposal Form* 36 Company Information and Signature Sheet *, p. 37 Exhibit D — Required Federal Provisions for Federal -Aid Construction Contracts 38 — 60 Exhibit E — Proposed Contract for Emergency Debris Removal 61 — 73 *Submit with Proposal End Table of Contents RFP11 -001 Debris Removal 2 LEGAL ADVERTISEMENT City of Ocoee Sealed proposals will be accepted for REQUEST FOR PROPOSALS (RFP) #11 -001, EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT, no later than 2:00 P.M., local time, on October 12, 2010. Proposals received after the specified time will not be accepted or considered, and will be returned unopened. No exceptions will be made. The City reserves the right to reject any and all proposals and waive informalities. The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City), is soliciting proposals from qualified and licensed contractors that have experience and expertise in providing the necessary services required for rapid mobilization, collection, and disposal of organic and non - organic storm debris in accordance to the RFP documents. The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and machinery, experience with similar contracts, price proposal, and a successful reference check. The successful Proposer must have the required insurance and performance bond. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of five years from the date of the execution. Contracts may include a clause authorizing annual price adjustments. Bid Security: A certified check or proposal bond shall accompany each proposal. The certified check or proposal bond shall be for an amount not less than $1,000.00 and shall be made payable to the City of Ocoee as a guarantee that the Proposer will not withdraw for a period of (90) days after RFP closing time and will sign a Contract with the City for the Proposal Price. The complete proposal must be in a sealed envelope plainly marked on the outside with the appropriate RFP number and closing date and time. Each proposal shall contain one (1) original and five (5) copies of the required content. Proposals will be received at the City of Ocoee, Attn: Joyce Tolbert, Purchasing Agent, 150 N. Lakeshore Drive, Ocoee, Florida 34761- 2258, (407) 905 -3100 ext. 1516. Proposals will be publicly opened and the name of the proposing firm read aloud in the City Hall Conference Room on the above - appointed date at 2:01 PM, local time, or as soon thereafter as possible. Prospective Bidders may secure a copy of the documents required for submitting a proposal through Onvia /Demandstar by accessing the City's website at www.ocoee.orq under Finance /Purchasing. Partial sets of the documents required for submitting a proposal will not be issued. By using Onvia /Demandstar, prospective Bidders will be provided with all addendums and changes to the applicable proposal; fees may apply for non - members. Membership with Onvia /Demandstar is not required to submit a proposal. Persons other than prospective Bidders may inspect the documents required for submitting a proposal at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. These persons will be required to pay a copying fee as prescribed by statute. Checks should be made payable to the City of Ocoee. To ensure fair consideration for all Proposers, companies interested in providing the required RFP11 -001 Debris Removal 3 services may be disqualified if they have contacts with the Mayor, City Commissioners, or any City staff other than the Purchasing Agent concerning the RFP during the submission or selection process. Award of Contract: The City of Ocoee reserves the right to waive technicalities or irregularities, reject any or all proposals, and /or accept the proposal that is in the best interest of the City, qualifications and other factors taken into consideration. The City reserves the right to award the Contract to the Proposer, which, in the sole discretion of the City, is the most responsive and responsible Proposer, qualifications and other factors considered. Pursuant to Section 287.133(2)(a), Florida Statutes, interested individuals or firms who have been placed on the convicted vendor list following a conviction for public entity crimes may not submit a Proposal on a contract to provide services for a public entity, may not be awarded a consultant contract and may not transact business with a public entity for services, the value of which exceeds CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. No fax or electronic submissions will be accepted. City Clerk September 12, 2010 RFP11 -001 Debris Removal 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #11 -001 EMERGENCY - DISASTER DEBRIS REMOVAL TERM CONTRACT A. Sealed proposals for RFP #11 -001 will be received by the City of Ocoee, hereinafter called "City," by any person, firm, corporation, or agency, hereinafter called "Proposer," submitting a proposal for the services being solicited. 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. Any questions or concerns regarding this RFP should be addressed in writing to the Finance /Purchasing Department, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407) 905 -3100, extension 1516 and fax (407) 905 -3194 or email jtolbert@ci.ocoee.fl.us, and must be received not later than October 5, 2010 at 2:00 p.m. in order to receive an answer. Any clarifications /changes will be only through written addenda issued by the Purchasing Agent. Proposers should not contact City staff, with the exception of the Purchasing Agent, 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. C. Proposals must describe the qualifications of the firm planning to provide services. The proposal shall be presented as one (1) original and five (5) copies. The entire proposal package shall be received by the Finance Department not later than 2:00 P.M., local time, on October 12, 2010. Proposals received by the Finance /Purchasing Department after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Proposals or any information transmitted by fax or e -mail will not be accepted. Proposals shall be delivered in a sealed envelope, clearly marked with the RFP number, title, and closing date and time, to: City of Ocoee Finance /Purchasing Department Attention: Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 RFP11 -001 Debris Removal 5 D. Pre - Proposal Conference: None is scheduled at this time. E. Proposals will be reviewed by a selection committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled selection committee meeting(s) for this RFP will be noticed publicly and on Demandstar. The selection 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. F. 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. G. 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. H. 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 Demandstar. 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 this case, proposals that have been received by the City prior to such an addendum being issued will be returned to the Proposer, if requested, unopened. 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. I. Any of the following causes may be considered sufficient for the disqualification RFP11 -001 Debris Removal 6 and rejection of a proposal: 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. J. 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).} K. 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. 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 RFP11 -001 Debris Removal 7 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 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) RFP11 -001 Debris Removal 8 RFP #11 -001 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's /Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to ONE THOUSAND DOLLARS ($1,000.00). A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's 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. 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 91 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 BOND: The Contractor shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the timely performance of its services. Said performance bond will be in the amount of TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) and shall be submitted on the attached form. (See Exhibit B.) All premiums for the performance bond shall be paid by the Contractor. This performance bond 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 and shall be RFP11 -001 Debris Removal 9 maintained in full force and effect throughout the term of this Agreement. NOTE: Only the successful Proposer who enters into a contract with the City is required to supply a performance bond, which shall be maintained in force at Contractor's expense for the initial one -year term of the contract and all subsequent extensions thereof. 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. RFP11 -001 Debris Removal 10 5. PRICING: 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 proposal 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 RFP11 -001 Debris Removal 11 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: 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 following criteria: • Compliance with scope of work, specifications, terms, and conditions • Proposal prices • Warranty offered • Experience with similar work • 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 Agent in the following manner: RFP11 -001 Debris Removal 12 a) A Proposer shall file a written proposal protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A proposal protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFP, its addenda, and other proposal 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), if any. The Proposer shall clarify all questions concerning the design documents of the project prior to submitting its proposal. c) 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. d) The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e) The Purchasing Agent, 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 the protest. If Owner denies the protest, Owner 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. Per 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. RFP11 -001 Debris Removal 13 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 Personnel 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. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG - FREE WORKPLACE: If applicable, provide a statement concerning the Proposer's status as a Drug - Free Work Place or evidence of an implemented drug -free workplace program. 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 Exhibit E for the initial period of one (1) year and up to five one - year extensions. 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 RFP11 -001 Debris Removal 14 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. 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: 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 does not include ownership or benefit by a spouse or minor child.) 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. 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 RFP11 -001 Debris Removal 15 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 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. 18. PERMITS /LICENSES /FEES: 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. RFP11 -001 Debris Removal 16 19. 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 F.S. 440.57, 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 Tatter'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 RFP11 -001 Debris Removal 17 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 • $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: 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: • $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 RFP11 -001 Debris Removal 18 cancellation of the policy, except ten (10) days written notice of cancellation for non - payment of premium. DATE IMMDONVYYI ACORD OP ID JC CERTIFICATE OF LIABILITY INSURANCE FRSLZS_1 11/04/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 5 INSURED INSURER AM Nat Nt1W A or E•tt+e —.____ ______ INSURER & ......__.w —__ Copp ntractor's Name INSURER C. INSURER D: __ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRNSTANDING ANY REQUIREMENT, TERM OR CONOITON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFIGATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED DREW IS SUBJECT 70 ALL 1115 TERMS EXCLUSIONS AND CONDITIONS OF SUCH 5000IES. AGGREGATE LIMITS SHOWN MAY NAVE SEEN REDUCED BY PAID CLAMS, INEVIROITC LTR 5350 TYPE Of INSURANCE POLICY NURSER DA i .. OAT REND. LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 X y X COMMERC AL GENERAL LIABILITY PREMISES EA x<erRnnj_ S 50 , 0 0 0 . CLAIMS MADE 9 OCCUR NED EXP (Am, **person) s 5 , 000 PERSON a ACV INJURY 51,000,000 II - GENERAL AL AGGREGATE $ 2,000,000 Ill I. AGGREGATE 04 PT APPLIES PER PRODUCTS • COMPIOP AGG S 2, 000 00 POLICY I X 1 JECT 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 3 1 , O 0 , 000 IEA+®d+e11 X ANY AUTO I _..'.— ALL OWNED AUTOS 800115 INJURY S (Pm 5.NOM SCHEDULED AUTOS © HIRED AUTOS BODILY INJURY S 9 I , NON-0WNEA AUTOS ■ (p. Raid W) PROPERTY DAMAGE S IPM acod+m) OARAG5 UABIL/TV AUTO ONLY • EA ACCIDENT S _._... i p ANY AUTO I OTHER 0515 THAN EA ACC 5 AUTO AGO S EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE s 1, 000,000 i X j] OCCUR ❑ CLAIMS MADE I AGGREGATE 82,000,000 _ f DEDUCTISLE ,, 5 RS l RETENTION 1 { DIAID HORNE COMPENSATION AND 1 I X I !!. TOR Y LIMITS : __..E ER UrH. EMPLOYERS' LIASRJTY El. EACH ACCIDENT 5 500, 000 ANY PROPRIESORIPARTNEEVERECUTIVE i ■ OFfICEWMEMBEA EXCLUDED? E.L. DISEASE • EA EMPLOYEES 500 , 000 E b u,Ma rE.L. DISEASE - POLICY LIMY 5 500, 000 SPECIAALL P PROVISIONS Wow i OTHER Builders Risk Any 1 Loc 100, 00 i i Any 1 Occ 1,000,000 DESCRIPTOR OF OPERATIONS LOCATIONS! VEHICLES I EXCLUSIONS ADDED ST ENDOR I SPECIAL PROVISIONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability & IImbrella Liability. Workers' Compensation, Amployers' Liability & General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate holder is added as a meal iiE m1 fcr RTildB73 Alai. CERTIFICATE HOLDER CANCELLATION OCOS801 EHOULD ANY OF THE ABOVE DERE WEED POLRSES BE CANCELLED BERM THE OLP/RATON DATE THEREOF. THE ISSUING INSURER WR.L ENDEAVOR TO MNL 10 DAYS WRITTEN NOME TO THE CERTFSCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL City of Ocoee IMPOSE NO osuoomN OR LIABILITY Of ANY ONO 1)505 THE INSURER, RS AGENTS OR 150 N. Lakeshore Drive REPRESENTATIVES. - Ocoee BL 34761 -2258 AUTHORIZED REPTIESENTATWE ® ACORD CORPORATION 196E ACORD 25 (2001I081 f /EE i. e RFP11 -001 Debris Removal 19 20. 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) 21. ACKNOWLEDGMENT OF ADDENDA: Proposer acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated 22. 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 RFP11 -001 Debris Removal 20 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. 23. EQUIPMENT LISTING: 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. 24. 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) RFP11 -001 Debris Removal 21 25. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Proposers shall 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. Submissions shall be limited to a total of forty (40) 8.5 "x 11" pages (excluding front and back covers, dividers, and all forms included in this RFP), single- sided, portrait orientation, 12 -point font, and contained in a three -ring binder or other format amenable to easy photocopying. The person signing the RFP on behalf of the Proposer shall have the legal authority to bind the Proposer to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Proposer must 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. • Firm and employee certifications and registrations 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. • Litigation Summary. Section 3 — Price Proposal • Exhibit C Section 4 — All Forms Included in the RFP • Listed on Table of Contents to be submitted with your proposal. RFP11 -001 Debris Removal 22 • Bid Security. 26. SELECTION 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 — 30 points) 3. Previous similar experience, licensing, and references (0 — 20 points) 4. Price proposal (0 — 20 points) A City selection committee will review and evaluate each Proposer's submittal and will short-list and recommend to the City Commission one or more qualified firms to provide the requested services. 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 necessary. The City shall be the sole judge of the competency of Proposers. All successful Proposers shall be required to execute an agreement that provides, among other things, for all plans, drawings, reports, and specifications resulting from Proposer's services to the City to become the property of the City. (Remainder of page left blank intentionally) RFP11 -001 Debris Removal 23 EXHIBIT "A" SCOPE OF SERVICES EMERGENCY - DISASTER DEBRIS REMOVAL DEBRIS REMOVAL 1.0 GENERAL This statement of work describes and defines the services which are required for the execution of Natural Disaster - related emergency debris removal from Federal -Aid Highway segments, State, local, and private roadways within the City of Ocoee 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 regulation. Roads will be identified by the City and direction given to the Contractor for roads and limits for which the Contractor will be responsible for within each County assigned. The City reserves the right to add or delete roadway 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), or other federal natural disaster response agency shall be provided for all debris removal operations to ensure reimbursement to the City from the appropriate federal agency. 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. Within five days after commencement of any services pursuant to this Agreement and at all times during the term hereof, including renewals and extensions, the Contractor will supply to the City and keep in force a $200,000 performance 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. RFP11 -001 Debris Removal 24 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 one or more contracts 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 construction engineering and inspection (CEI) 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, CEI personnel, or their designated representative: • The Contractor shall provide equipment, labor, and materials necessary to perform the "first pass" and all subsequent passes directed by the Engineer. "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. The work associated with "first pass" and subsequent passes, includes but is not limited to: cutting fallen vegetative debris; picking up and loading vegetative, 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. • The Contractor shall mobilize 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. RFP1 -001 Debris Removal 25 • 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. • 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 Engineer 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. • 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 trees and exposed roots to ground level. • The Contractor shall remove leaning trees that present a hazard. Compensation will be per tree (each). RFP11 -001 Debris Removal 26 • The Contractor shall remove leaning trees that are not an immediate hazard only when directed by the City or its designated representative. Compensation will be by stump removal (each) and debris removal (cubic yard). • 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 sidewalks and other improvements. Areas from which damaged sidewalks and other improvements are removed by the Contractor shall be brought back to grade. • 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. • 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. RFP11 -001 Debris Removal 27 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 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. RFP1 -001 Debris Removal 28 • 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). • 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 ( ) g Y (EPA) disposal facility. Tipping fees shall be reimbursed at cost, no mark -up allowed. 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: RFP11 -001 Debris Removal 29 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, 2 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 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 RFP11 -001 Debris Removal 30 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 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. RFP11 -001 Debris Removal 31 • 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. • The proposal items listed in Exhibit C include compensation for all work required in Sections 1.0 and 2.0. (Balance of page left blank intentionally) RFP11 -001 Debris Removal 32 EXHIBIT "B" CONTRACT PERFORMANCE BOND (For Information Only — Do Not Submit with Proposal) 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 Two Hundred Thousand Dollars ($200,000.00), 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 "Emergency- Disaster Debris Removal" (hereinafter referred to as the "Contract ") for the purposes of establishing an exclusive franchise 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 years, which term may be extended for an additional 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 Toss, 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 RFP11 -001 Debris Removal 33 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 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 2010, 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) RFP11 -001 Debris Removal 34 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. (Balance of page left blank intentionally) RFP11 -001 Debris Removal 35 EXHIBIT "C" PROPOSAL FORM FOR RFP #11 -001 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 TDS Cubic Yard 360 (Price to include MOT) Reduction by Grinding at the TDS Cubic Yard 500 Reduction by Incineration at the TDS Cubic Yard 300 Stumps 24" - 48" Diameter stump removal Each 10 > 48" Diameter stump removal Each 5 Sweeping Curb and Gutter Hour 16 Vacuum Inlets Hour 12 Removal of Hanging Limbs (> 2" @ break) Each 100 Leaning Trees (> 6" @ 4.5' above ground) Each 20 Loading and Hauling C &D debris Cubic Yard 270 White Goods and Hazardous Each 20 Household Waste Disposal Freon recovery Unit 10 Phase II — loading of reduced material, final disposal Loading and Hauling Reductions to a Final Disposition Site Cubic Yard 360 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. Proposer: RFP11 -001 Debris Removal 36 RFP #11 -001 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. 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 (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # Individual; Corporation; Partnership; Other (Specify) Sworn to and subscribed before me this day of , 20 . Personally Known or Produced Identification Notary Public - State of County of (Type of Identification) Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public RFP11 - 001 Debris Removal 37 EXHIBIT "D" FHWA -1273 Required Contract Provisions for Federal -Aid Construction Contracts I. General, p. 39 II. Nondiscrimination, p. 40 III. Nonsegregated Facilities, p. 44 IV. Payment of Predetermined Minimum Wage, p. 45 V. Statements and Payrolls, p. 50 VI. Record of Materials, Supplies, and Labor, p. 52 VII. Subletting or Assigning the Contract, p. 52 VIII. Safety: Accident Prevention, p. 53 IX. False Statements Concerning Highway Projects, p. 53 X. Implementation of Clean Air Act and Federal Water Pollution Control Act, p. 54 XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion, p. 55 XII. Certification Regarding Use of Contract Funds for Lobbying, p. 61 I. GENERAL 1. 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. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 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 DOL, or the contractor's employees or their representatives. RFP11 -001 Debris Removal 38 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 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 (28 CFR 35, 29 CFR 1630 and 41 CFR 60) 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 Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sec .) set forth under 28 CFR 35 and 29 CFR 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 State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his 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, 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 SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO 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 who are substantially involved in such action, will be RFP11 -001 Debris Removal 39 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. 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 minority group employees. 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." q pp Y All such advertisements will be placed in publications having a large circulation among minority groups 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 minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group 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, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group 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 RFP1 -001 Debris Removal 40 hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 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 his 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 his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. 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. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. 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 minority group and women employees 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 his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. 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 best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority RFP11 -001 Debris Removal 41 group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best 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, 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 SHA 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 minority and women 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, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) 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 SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit proposals from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. 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 y ears f three following completion of the contract work and shall be g com p available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: RFP11 -001 Debris Removal 42 1. The number 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; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA 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. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal - aid construction contracts and to all related subcontracts of $10,000 or more.) 1. By submission of this proposal, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. 2. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). 3. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. RFP11 -001 Debris Removal 43 IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. 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 records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. RFP11 - 001 Debris Removal 44 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification 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 shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour 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. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional 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 shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a 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 e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. 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 RFP11 - 001 Debris Removal 45 hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he /she may consider as a 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, 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. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in 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 the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must RFP11 - 001 Debris Removal 46 be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the ro rovisions of the trainee program. If the trainee program does not p p g mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. RFP11 -001 Debris Removal 47 c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): a. General: 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. 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 journeymen shall not be greater than permitted by the terms of the particular program. b. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, 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. c. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one - and - one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. d. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any RFP1 -001 Debris Removal 48 subcontractor responsible thereof shall be liable to the affected employee for his /her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. e. Withholding for Unpaid Wages and Liquidated Damages The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. 2. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found 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 Section 1(b)(2)(B) of the RFP1 -001 Debris Removal 49 Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. 3. Each contractor and subcontractor shall furnish, each week in which any contract work is erformed to the SHA resident engineer a payroll of wages paid each of its p a g PY g p employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 - 005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 4. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his /her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: a. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; b. that such laborer or mechanic (including each helper, apprentice, and trainee) employed 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 the Regulations, 29 CFR 3; c. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. 5. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. 6. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. 7. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them RFP11 -001 Debris Removal 50 available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions 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 may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: 2. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. 3. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. 4. Furnis, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 5. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 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 State. 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). 2. "Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or agent of the prime contractor. 3. "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 proposal on the contract as a whole and in general are to be limited to minor components of the overall contract. 4. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products RFP11 -001 Debris Removal 51 which are to be purchased or produced by the contractor under the contract provisions. 5. 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 SHA contracting officer determines is necessary to assure the performance of the contract. 6. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA 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 SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA 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. 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 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. 333). 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. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 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, RFP1 -001 Debris Removal 52 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, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads: "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 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 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this proposal or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et RFP11 -001 Debris Removal 53 as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seg., as amended by Pub.L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1. 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 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, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 3. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," RFP11 -001 Debris Removal 54 "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective primary 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. 6. The prospective primary 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 Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. 8. 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. 9. 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. (Remainder of page left blank intentionally) I i RFP11 -001 Debris Removal 55 * ** Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -- Primary Covered Transactions The prospective primary 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 covered transactions by any Federal department or agency; 2. Have not within a 3 -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; 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 1 b of this certification; and 4. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (Remainder of page left blank intentionally) RFP11 -001 Debris Removal 56 * ** Instructions for Certification - Lower Tier Covered Transactions (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. 1. 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. 2. 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. 3. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. 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. 5. 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. 6. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. RFP11 -001 Debris Removal 57 require 7. Nothing contained in the foregoing shall be construed to equ e 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. 8. Except for transactions authorized under paragraph 5 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. (Remainder of page left blank intentionally) RFP11 -001 Debris Removal 58 * ** Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - -Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (Remainder of page left blank intentionally) RFP11 -001 Debris Removal 59 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) The prospective participant certifies, by signing and submitting this proposal or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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. 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 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. 3. 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. 4. The prospective participant also agrees by submitting his or her proposal or proposal that he or she 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. (Remainder of page left blank intentionally) RFP11 -001 Debris Removal 60 EXHIBIT "E" CONTINUING CONTRACT FOR EMERGENCY DEBRIS REMOVAL RFP -11 -001 THIS AGREEMENT is made this day of, , 20 , by and between the CITY OF OCOEE, a Florida municipal corporation, 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City ") and , a Florida corporation (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 #11 -001, 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: 1. 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. 2. Scope of Work. 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. 3. Term of Agreement. This Agreement shall consist of one (1) one (1) year term, and four (4) separate 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 commencement date of this Agreement shall be the date this Agreement is executed by the City (the "Effective Date "). 4. 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 RFP11 - 001 Debris Removal 61 an Addendum, if 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. 5. 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 11 -001 EMERGENCY DEBRIS REMOVAL TERM CONTRACT. 6. Contractors Officers and Employees. a. 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. b. 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. c. 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. d. 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. 7. 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 RFP11 -001 Debris Removal 62 of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 8. 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 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. 9. 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. 10. 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. 11. Time of Completion. Time is of the essence in the performance of this Agreement. 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 RFP11 -001 Debris Removal 63 Contractor with a reasonable extension of time for any delay caused by act s 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. 12. 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 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. 13. 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 15% of such amount. 14. 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. 15. 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. 16. 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. 17. 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 RFP11 -001 Debris Removal 64 the Work shall be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. 18. 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. 19. Performance of Agreement. a. 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 notification shall not relieve the Contractor of his obligation to perform the Work at the time and in the manner specified by this Agreement. b. 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. c. 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. 20. 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. 21. Insurance. a. The Contractor, at all times during the term of this Agreement, shall meet the following requirements: i. Maintain all insurance coverage required by the RFP or this Agreement. ii. Maintain any additional coverage required by the City. iii. 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. RFP11 -001 Debris Removal 65 iv. Make no change or cancellation in insurance without thirty (30) days prior written notice to the City. v. 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. vi. 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. b. 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 under Paragraph 12: "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 amount of $1,000,000 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000 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: i. 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. ii. 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. c. 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 RFP11 -001 Debris Removal 66 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. d. 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. e. 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. f. If the Contractor does not meet the insurance requirements of this Agreement, alternate insurance coverage, satisfactory to the City, may be considered. 22. Miscellaneous Provisions. a. The City and other authorizing agencies shall have the right to inspect the site, verify quantities and review operations at any time. b. The Contractor shall not employ subcontractors without the advance written permission of the City. c. Contractor shall not assign this Agreement without the advance written consent of the City. d. 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. e. 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. f. 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. g. 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. h. 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. RFP11 -001 Debris Removal 67 i. 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. j. 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. k. This Agreement is considered a non - exclusive Agreement between the parties. 1. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. m. 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. n. 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 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. o. 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. p. 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 RFP11 -001 Debris Removal 68 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. q. 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. 23. Compliance with Law. In addition to compliance with the Required Contract Provisions for Federal -Aid Construction Contracts appearing in Exhibit "D" to the RFP and incorporated herein by reference, the Contractor shall: a. Comply with the Federal "Buy America Requirements" as provided by 23 CFR Part 635.410; b. Coordinate with the City and the Federal Highway Administration to assure compliance with the National Environmental Policy Act of 1969, as amended from time to time ( "NEPA ") and any federal regulations issued thereunder; c. Comply with the Disadvantaged Business Enterprise Program requirements as provided by 49 CFR Part 26 (including requirements for the Contractor to report monthly on the Equal Opportunity Reporting System); d. Comply with all requirements imposed by the Americans with Disabilities Act of 1990, as amended from time to time ( "ADA ") and any federal regulations issued thereunder; and e. Comply with the prohibition on the use of convict labor as provided by 23 USC Part 114. 24. Order of Precedent. In the event of a conflict between the provisions of this Agreement and the terms of the RFP, the provisions of this Agreement shall apply. 25. 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 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. 26. 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 RFP11 -001 Debris Removal 69 accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 27. 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 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: City Manager Phone: (407) 656 -2322 with a copy to: Director of Public Works City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: Director of Public Works Phone: (407) 905 -3100 ext. 6001 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. 28. 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. 29. 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. RFP11 - 001 Debris Removal 70 30. 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. 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. CONTRACTOR: Print Name: a corporation Print Name: By: Name: Title: (SEAL) ATTEST: CITY OF OCOEE, FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2010 UNDER LEGALITY this day of , AGENDA ITEM NO. 2010. FOLEY & LARDNER By: City Attorney RFP11 -001 Debris Removal 71 1 EXHIBIT "1" TEXT OF RFP #11 -001 (To be added at time of execution) RFP11 -001 Debris Removal 72 EXHIBIT "2" CONTRACTOR'S PROPOSAL (To be added at time of execution) RFP11 -001 Debris Removal 73