HomeMy WebLinkAboutITB 23-04-01 Disaster Debris Management and Disposal Services1
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
INVITATION TO BID No. 23-04-01
DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES
RELEASE DATE: APRIL 18, 2023
NON-MANDATORY PRE-BID MEETING
WEDNESDAY, MAY 3, 2023 AT 11:00 AM
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 4TH FLOOR CONFERENCE RM
SUNNY ISLES BEACH, FLORIDA 33160
ALL QUESTIONS DUE: FRIDAY, MAY 5, 2023 AT 5:00 PM
SUBMISSION DUE DATE: TUESDAY, MAY 16, 2023 AT 11:00 AM
SUBMIT SEALED PROPOSALS TO:
Envelope must clearly provide your firm’s
name, phone # and contact information and
must be labeled with the ITB # and name.
CITY CLERK
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 1ST FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
TABLE OF CONTENTS PAGE NO.
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 9
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 16
BID FORMAT 28
BID SUBMITTAL FORM
ATTACHMENTS – ALL EXHIBITS MUST BE REVIEWED BY YOUR FIRM
ATTACHMENT A - PRICE SCHEDULE
ATTACHMENT B – 2023 - PRE-AUTHORIZATION FOR DISASTER DEBRIS SITE
ATTACHMENT C – CITY MAP
ATTACHMENT D - APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-
FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
ATTACHMENT E – FEMA’S PUBLIC ASSISATANCE DEBRIS MONITORING GUIDE
ATTACHMENT F - FEDERAL AID REQUIREMENTS FHWA 1273
ATTACHMENT G - FEDERAL PROVISION COMPLIANCE
AFFIDAVITS WITH BONDS
NON-COLLUSIVE AFFIDAVIT
PUBLIC ENTITY CRIMES
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT
CONFLICT OF INTEREST STATEMENT
DISPUTE DISCLOSURE FORM
ANTI-KICKBACK AFFIDAVIT
ANTI-BOYCOTT CERTIFICATION
E-VERIFY AFFIDAVIT
31
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach and the City of North Miami Beach are seeking sealed
Bids for the following work as specified
Disaster Debris Management and Removal Services
Invitation to Bid No. 23-04-01
The specifications for this Invitation to Bid (ITB) are available from DemandStar by calling (800) 711-1712 or by
accessing their website at www.demandstar.com. Bidders who obtain the specifications from sources other than
DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete.
Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all Bidders
who are listed on the official list. The City may reject accept incomplete Bids.
Sealed bids will be received by the City Clerk no later than 11:00 AM ON TUESDAY, MAY 16, 2023 at the Sunny
Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160.
Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and names of firms read aloud at this time.
The envelope containing the sealed Bid must be clearly marked:
ITB # 23-04-01
Disaster Debris Management and Removal Services
OPENING DATE AND TIME: 11:00 AM ON TUESDAY, MAY 16, 2023
The city reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
respective Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City
of Sunny Isles Beach.
This ITB is being solicited in accordance with the Procurement Requirements for Federal Grants, as
provided for in Title 2 Code of Federal Regulations (CFR) Part 200 as detailed in EXHIBIT C.
Cone of Silence: Potential and actual Bidders shall not solicit or otherwise communicate in any manner
whatsoever, directly or indirectly, with the City Commission, City Manager, evaluation committee members,
or City staff, other than Purchasing Division personnel, for either City, regarding this ITB from the time of the
ITB initial release through the award.
The City of Sunny Isles Beach will host a non-mandatory pre-bid meeting on WEDNESDAY, MAY 3, 2023 AT
11:00 AM at the Government Center 18070 Collins Avenue, 4TH Floor Conference Room.
All questions regarding this ITB shall be directed in writing to Purchasing by FRIDAY, MAY 5, 2023 AT 5:00
PM. Questions must be submitted via email to: Purchasing@sibfl.net.
Minority-Owned, Woman-Owned, and Small Business Enterprises are encouraged to respond to this
solicitation.
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive
solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or
until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR ITB SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the Bid Specifications or any required need
for clarification must be made to Mauricio Betancur, CMC, City Clerk
via email to: Purchasing@sibfl.net or via facsimile (305) 792-1563
or via regular mail at: Purchasing, City of Sunny Isles Beach, 18070
Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for
clarification/explanation or questions must be made in writing to
Mauricio Betancur, CMC, City Clerk, at least five (5) business days
prior to the date of the Bid opening. Interpretations or clarifications
considered necessary by the City will be issued by addenda and
posted/disseminated by DemandStar (www.demandstar.com) to all
parties listed on the official plan holders’ list as having received the
Bid documents. Only questions answered by written addenda shall
be binding. Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of additional
information shall exempt a Bidder from submitting their Bid on the
required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each REQUEST FOR
PROPOSALS, REQUEST FOR PROPOSALS, and request for
qualifications. The information is available on-line at
www.demandstar.com or by calling the Office of the City Clerk at
(305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered Bidder
(those who have been registered as receiving a Bid package) receive
the documents. It is the responsibility of the vendor prior to the
submission of any Bid to check the above website or contact the
Office of the City Clerk at (305) 792-1703 to verify any addenda
issued. The receipt of all addenda must be acknowledged on the Bid
Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/ITB/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/ITB/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services
to a public entity, may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit Bids on leases of real property to a public
entity, may not be awarded to perform work as a Contractor,
supplier, sub-Contractor, 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 287.107, for
category two for a period of 36 months from the date of being placed
on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this REQUEST FOR PROPOSALS must be
executed) and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the Bidder
prior to the opening must be initialed and dated by the Bidder. No
changes or corrections will be allowed after Bids are opened. Bids
must contain an original, manual signature of an authorized
representative of the company.
1.9 WITHDRAWAL OF BIDS:
Bidder may withdraw Bids only by written request and shall forward
the withdrawal request via “Certified U.S. Mail – Return Receipt
Requested” prior to the Bid opening time. Negligence on the part of
the Bidder in preparing the Bid confers no right for the withdrawal
of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the Bidder to insure that the Bid
reaches the Office of the City Clerk on or before the closing hour and
date stated on the REQUEST FOR PROPOSALS. After the Bid
opening, the contents of the Bid Form will be made public for the
information of vendors and other interested parties who may be
present either in person or by representative. Bids that are received
after the Bid opening time will not be considered and will not be
returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Bidder facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Bidder, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference to
their decisions to reject, award, or not award a Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Bidder to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Bid. The vendor will have ten (10) calendar days after notification of
the award by the City to execute the Agreement and provide the
required Performance Bond. The Bidder who has the Contract
awarded to them and who fails to execute the Agreement and furnish
the Performance Bond and Insurance Certificates within the specified
time shall forfeit the Bid Security that accompanied their Bid, and the
Bid Security shall be retained as liquidated damages by the City, and
it is agreed that this sum is a fair estimate of the amount of damages
the City will sustain in case the Bidder fails to enter into the Contract
and furnish the Bonds as herein before provided. Bid Security
deposited in the form of a cashier’s check drawn on a local bank in
good standing shall be subject to the same requirements as a Bid
Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided for
within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or
quality of material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s). The
City shall be the sole judge concerning the merits of items Bid as
equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the Bidder
free of charge to the City. Each individual sample must be labeled
with the Bidder name and manufacturer's brand name and delivered
by them within ten (10) calendar days of Bidder receipt of the “Notice
to Proceed”, unless schedule indicates a different time. If samples
are requested subsequent to the Bid opening, they should be
delivered within ten (10) calendar days of the request. The City will
not be responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Bidder to notify the City
at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Bidder warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Bidder shall act as agent for the City in the follow-up and
compliance of all items under Warranty/Guaranty and complete all
forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Bidder warrant that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped
or ordered, as a result of this Bid. The seller agrees to indemnify
City from any and all liability, loss, or expense occasioned by any
such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this
REQUEST FOR PROPOSALS shall include a copy of the company’s
local business tax/occupational license(s) with the Bid response. For
information specific to City of Sunny Isles Beach local business
tax/occupational licenses, please call Code Enforcement & Licensing
at (305) 792-1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attorney actively
licensed to practice law in this state, by a person actively licensed by
the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the
appropriate agency and/or proof of current active status with the
Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Bidder shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Bidder shall be liable for any damages or loss to the
City occasioned by negligence of the Bidder (or their agent) or any
person the Bidder has designated in the completion of their contract
as a result of the Bid. Contractor shall be required to furnish a copy
of all licenses, certificates of competency or other licensor
requirements necessary to practice their profession as required by
Florida State Statute, Miami-Dade County, and City of Sunny Isles
Beach Code. Contractors shall include current Miami-Dade County
Certificates of Competency. These documents shall be furnished to
the City along with the Bid response. Failure to furnish these
documents or to have required licensor will be grounds for rejecting
the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Bidder shall furnish to the Office of the City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance coverage has
been obtained from an insurance company authorized to do business
in the State of Florida or otherwise secured in a manner satisfactory
to the City, for those coverage types and amounts listed in this
document, in an amount equal to 100% of the requirements and
shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of
policies provided, but shall also refer specifically to this Bid and
section. At the time of Bid submission the Bidder must submit
certificates of insurance as outlined in the General Conditions
section. All required insurance shall name the City of Sunny Isles
Beach as additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida. It
shall be the responsibility of the Bidder and insurer to notify the City
Manager of the City of Sunny Isles Beach of cancellation, lapse, or
material modification of any insurance policies insuring the Bidder,
which relate to the activities of such vendor and the City of Sunny
Isles Beach. Such notification shall be in writing, and shall be
submitted to the City finance support service director thirty (30) days
prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Bidder hereby holds the City harmless and
agrees to indemnify City and covenants not to sue the City by virtue
of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the REQUEST FOR PROPOSALS and monies
which may be due hereunder are not assignable except with prior
written approval of the City Manager. Further, in the event that the
majority ownership or control of the Contractor changes hands
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
subsequent to the award of this contract, Contractor shall promptly
notify City in writing (via United States Postal Service – Certified Mail,
Return Receipt Requested) of such change in ownership or control
at least thirty (30) days prior to such change and City shall have the
right to terminate the contract upon sixty (60) days written notice,
at City’s sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Bidder, the City of Sunny Isles Beach may
procure the articles or services from other sources and hold the
Bidder responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Bid or Proposal: The offer of the Bidder submitted on the
prescribed form setting forth the prices
for the Work to be performed.
Bidder: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Bidder, Contractor's Bid,
the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
REQUEST FOR PROPOSALS, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Bidder stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The ITB shall be awarded to the highest ranked responsive
and responsible Bidder whose Bid best serves the interests of and
represents the best value to the City . No Notice of Award will be
given until the City has concluded any investigation(s) as they deem
necessary to establish the Proposer’s capability to perform the
Services as described in this ITB, ITB, RFQ or ITQ, as substantiated
by the required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and equipment to
comply with the City’s established standards, as well as the financial
capability of the Proposer to perform the Work in accordance with
the Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any Bidder
on the basis of these queries and investigations and who does not
meet the City’s satisfaction, even though the firm may be the lowest
dollars and cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Bidder a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a proposer who is not necessarily the lowest dollars
and cents Bidder on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance therewith,
they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification.
If the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received
or sustained by any person or persons during or on account of any
operations connected with the Work described in the Contract
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if they disregard the authority of
the City, of if they otherwise violate any provision of, the Contract
Documents, then the City may, without prejudice to any other right
or remedy and after giving the Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause (termination for
convenience) and without prejudice to any other right
or remedy, elect to terminate the Agreement. In such
case, the Contractor shall be paid for all Work executed
and accepted by the City as of the date of the
termination. No payment shall be made for profit for
Work which has not been performed.
1.38 MISCELLANEOUS:
Bidder acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
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at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such injury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their
respective attorneys’ fees as may be determined by the court on
confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three
years following final completion of the Project. During the Project
and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon
five days written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall
be those of the Contractor.
1.46 PROHIBITION AGAINST CONTRACTING WITH
SCRUTINIZED COMPANIES:
Pursuant to Florida Statutes Section 217.4725, contracting with any
entity that is listed on the Scrutinized Companies that Boycott Israel
List or that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a
boycott of Israel. Any contract for goods or services of One Million
Dollars ($1,000,000) or more shall be terminated at the City’s
option if it is discovered that the entity submitted false documents
of certification, is listed on the Scrutinized Companies with Activities
in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business
operations in Cuba or Syria after July 1, 2018. Any contract entered
into or renewed after July 1, 2018 shall be terminated at the City’s
option if the company is listed on the Scrutinized Companies that
Boycott Israel List or engaged in the boycott of Israel.
Contractors must submit the certification that is attached to this
agreement. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in writing,
to the Contractor of the City’s determination concerning the false
certification. The Contractor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the
determination was in error. If the Contractor does not demonstrate
that the City’s determination of false certification was made in error,
then the City shall have the right to terminate the contract and seek
civil remedies pursuant to Florida Statute Section 215.4725.
End of Section
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Section 2
Special Terms and Conditions
2.1 PURPOSE
The City of Sunny Isles Beach, Florida (the “City”) a municipality located on a barrier island in Northeast
Miami-Dade County, is seeking qualified, experienced and licensed firm(s) hereinafter referred to as the
Contractor (the “Contractor” or Debris Management Contractor (the “DMC”) to remove, process, and
lawfully dispose of disaster generated debris from public property and public rights-of-way in response to
an emergency event. Such events include but is not limited to, hurricanes, tornadoes, windstorms, floods,
and fires or manmade disaster(s) such as civil unrest and terrorist attacks. Contractor shall provide all
expertise, personnel, tools, materials, equipment, transportation, supervision and all other services to
rapidly respond to volumes of wide scale debris. It is the intent of the City to award contracts to a Primary
and a Secondary Contractor for these services in order to insure adequate resources at the time of an event.
The City retains the right to obtain similar services from additional contractors. There is no guarantee any
task order will be issued under the awarded agreement; task orders will be executed in the event of a
declared emergency.
The successful Contractor must adhere to all requirements and regulations established by the Federal
Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), Florida Department
of Transportation (FDOT), Florida Department of Environmental Protection (DEP), the Stafford Act and any
other governmental agency with jurisdiction over response and recovery actions, including the City’s
requirements. The selected Contractor will be responsible for staying current with all FEMA and other
agency guidelines and regulations.
The Contractor shall have an understanding of the documentation involved for the reimbursement from
FEMA, or other Federal Agencies, and the State relief programs to make the process of cost recovery
efficient and accurate. This Proposal is being solicited in accordance with the Procurement Requirements
for Federal grants, as provided for in Title 2 Code of Federal Regulations (CFR) Part 200 as detailed in Exhibit
C, incorporated herein, in order to be eligible for reimbursement under the Federal Public Assistance
Program.
2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQR)
In order to be considered responsive, bidders shall, at a minimum, demonstrate compliance with the
requirements listed in this ITB. To be evaluated, all requested documentation and/or information shall be
provided in the proposal to confirm that the Proposer has satisfied the criteria outlined in this document.
Bidder failing to meet these requirements may be deemed non-responsive.
The bidder shall, at the time of bid submittal, time of award, and throughout the duration of the Contract,
continue to meet the criteria requirements as stated in this document.
a)Proposing bidder must show proof of having a minimum of three (3) active contracts with
government agencies of similar size, scope and complexity and specifications as stated in this
ITB within the last five (5) years. List contract(s) of similar scope currently in effect within
the State of Florida. Name the Municipality/County/agency, date the Contract was
initially executed, date of subsequent renewal(s), and Expiration Date.
b)Proposing bidder shall provide a minimum of three (3) reference letters in which Contractor
served as Primary Contractor for services of similar size, scope and complexity within the last five
years. The references must match the projects submitted in response to MQR above.
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c)Proposing bidder must include with their bid response, a letter from their bonding company /
surety authorized to do business in the State of Florida, in the amount of $1,000,000 that
guarantees that the proposing Contractor will be able to provide Performance and Payment Bonds
at the time of an event.
2.3 TERM AND RENEWALS
This contract will commence upon execution by both parties which shall be the effective date succeeding
approval of the contract by the City Commission, or City Manager, unless otherwise stipulated in the Notice
of Award letter; and contingent upon the completion and submittal of all required proposal documents.
The successful contractor will be awarded a contract for three (3) years with the option to renew the
contract for one (1) additional two (2) year period, for a total of five (5) years.
In the event services are scheduled to end due to the expiration of this contract, the DMC shall continue
the service upon the request of the City. The extension period shall not extend for more than ninety (90)
days beyond the expiration date of the existing contract. The successful Contractor shall be compensated
for the service at the rate(s) in effect when the City invokes this extension clause.
2.4 PRICE
Prices proposed shall be valid for at least 120 days from the time of the ITB opening unless otherwise
extended and agreed upon by the City and Contractor. Prices quoted shall be firm for the initial contract
term of three 3 years. Upon contract renewal, the City may consider an adjustment to price based on
changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W): Miami-Fort Lauderdale, FL. It is the Bidder’s responsibility to request any pricing adjustment under
this provision, which shall not exceed 3%. For any adjustment to commence on the first day of any exercised
option period, the Bidder’s request for adjustment shall be submitted no later than ninety (90) days prior
to expiration of the then current contract term. In no event will the price be increased or decreased by a
percentage greater than the percentage change reflected in the C.P.I. as published by the U.S. Department
of Labor. If no adjustment request is received from the Bidder, the City will assume that the Bidder has
agreed the optional term may be exercised without pricing adjustment. Any adjustment request received
after the commencement of a new option period may not be considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on market research
information or other factors that influence price. The City reserves the right to apply any reduction in pricing
for the additional term(s) based on the downward movement of the applicable index. The City reserves the
right to reject any price adjustments submitted by the Bidder and/or to not exercise any otherwise available
option period based on the proposed price adjustments. Any continuation of the contract beyond the initial
period, and any option subsequently exercised shall be at the sole discretion of the City, and not a right of
the Bidder. Renewals shall be exercised only when such continuation is clearly in the best interest of the
City.
The total not to exceed of any awarded contract shall be $x per disaster, and contractor shall not exceed
said amount unless mutually agreed upon by City in writing. Should the contractor exceed the limits set
forth herein, it does so at its own risk and cost.
2.5 INVOICING/PAYMENT
Payment will be made only after receipt and acceptance of materials/services. Invoice format and
documentation should be acceptable for FEMA reimbursement. The City will not pay and/or reimburse
any additional costs including, but not limited to, travel, mileage, lodging, meals, and other travel and
subsistence expenses. Price proposals shall be inclusive of all such expenses.
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2.6 METHOD OF AWARD
The term “lowest responsible and responsive Bidder” as used herein shall mean the Bidder whose bid is the
lowest of those Bidders possessing the skill, ability and integrity necessary for the faithful performance of
the work, whose bid best serves the interests of and represents the best value to the City, as determined
by the City Commission and/or the City Manager. The bidder will also be evaluated as part of their
“responsibleness” on their quality control plan, safety plan and proposed project schedule.
Bidders will be evaluated by relevant experience, preferably with government agencies, successful past
performance, no conflicts of interest, approach to the project and whose bid best serves the interest of and
represents the best value to the City in conformity with the criteria set. The City Manager may also reject
all proposals received. Section 62-8 of the City Code provides that the City may consider the following:
The ability, capacity and skill of the vendor to perform the Contract.
The character, integrity, reputation, judgment, experience and efficiency of the vendor.
The quality of performance of previous contracts with the City and references.
The previous and existing compliance by the vendor with laws and ordinances relating to the
Contract.
The City also reserves the right to waive minor variations to specifications (interpretation of minor
variations will be made by applicable City Procurement personnel). In addition, the City reserves the right
to cancel any contract by giving thirty (30) days written notice. The City reserves the right to negotiate the
type and cost of specific types of services to be purchased.
2.7 MULTIPLE AWARD
The City may award multiple Contractors (primary or secondary) as available, by line item, by group, or in
its entirety. The City will endeavor to utilize Bidders in order of award. It is the intent of the City to award a
Primary and a Secondary Contractor) for services to be provided to the City under this ITB. The Primary
Contractor shall be the initial firm mobilized by the City. The Secondary Contractor will be “activated” in
instances where the scope of the event merits additional resources to assist the Primary Contractor, or if
the Primary Contractor has defaulted its contract. However, the City may utilize other Bidders in the event
that: 1) a contract Bidder is not or is unable to be in compliance with any contract or delivery requirement;
2)it is in the best interest of the City to do so regardless of reason. The City reserves the right to reject any
or all proposals prior to award.
2.8 NOTICE TO PROCEED
The City shall issue an official Notice to Proceed for the services referenced in this ITB and resulting contract.
The Notice to Proceed shall be sent by email and followed by regular mail. Under no circumstances shall
the City be liable for any services rendered unless the written Notice to Proceed has been sent and received
by the Contractor(s). The Contractor(s) must acknowledge receipt of the written Notice to Proceed. The
Contractor shall begin preparation for mobilization immediately after receiving the Notice to Proceed
and be fully operational within seventy-two (72) hours. If emergency road clearance is needed, Contractor
shall have crews working within twenty-four (24) hours. The City may issue a Notice to proceed twenty-four
(24) to forty-eight (48) hours prior to a storm event depending upon the magnitude of the event in order
to allow sufficient time to prepare for commencement of operations.
2.9 LIQUIDATED DAMAGES
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Should the Contractor fail to complete requirements set forth in this scope of work, the City will suffer
damage. The amount of damage suffered by the City is difficult, if not impossible, to determine at this time.
Therefore, the Contractor shall pay the City, as liquidated damages, the following:
a.The Contractor shall pay the City, as liquidated damages, $1,000.00 per calendar day of delay
to mobilize in the City with the resources required to begin debris removal operations within
seventy-two (72) hours of being issued Notice to Proceed.
b.The Contractor shall pay the City, as liquidated damages, $500.00 per load of disaster debris
collected in the City that is not disposed of at a City approved DMS or City approved Final Disposal
Site and/or any associated fines levied by a third party.
Application of liquidated damages does not release the Contractor of all liability associated with
hauling and depositing material to an unauthorized location.
The amounts specified above are mutually agreed upon as a reasonable and proper amount of
damage the City should suffer by failure of the Contractor to complete requirements set forth in
the scope of work.
2.10 PERFORMANCE AND PAYMENT BOND
This is a Standby / Pre-Event Agreement. Upon activation of a task order by the City, the Contractor will be
required to provide Performance and Payment Bonds within three (3) calendar days of a written ‘Notice to
Proceed’ by the City, each Bond shall be the amount equal to the total one hundred percent (100%) of the
amount of the contract. Once activated, the Payment and Performance Bonds shall be in force for a period
of not less than one (1) year from the date of original execution by the Bond Surety. Bonds shall be executed
by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best
rating of “A-“ (Excellent) or better, which bond shall be conditioned upon the successful completion of all
work, labor, services, materials to be provided and furnished, and the payment of all subcontractors,
materials and laborers. If the value of the contracted work increases, the Contractor shall be required to
provide an updated Performance and Payment Bond in an amount equal to the new value.
Bidder MUST include with their proposal response, a letter from their bonding company / surety
authorized to do business in the State of Florida, in the amount of One Million Dollars ($1,000,000.00)
that guarantees that the proposing bidder will be able to provide Performance and Payment Bonds at
the time of an event. Contractors shall factor the annual cost of a Performance and Payment Bond into
their administrative costs when responding to this proposal. The City will not waive this requirement.
2.11 INSURANCE REQUIREMENTS
The Contractor, and its subcontractors, assignees and suppliers, at its own expense, shall keep in force
and at all times maintain during the term of this Agreement:
2.11.1 Comprehensive General Liability
Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
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o Premises and Operation
o Workers Compensation (Statutory)
o Independent Contractors
o Products and/or Completed Operations Hazard
o Broad Form Property Damage
o Broad Form Contractual Coverage applicable to this specific Contract
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
o Professional Liability (Errors and Omissions)
2.11.2 Business Automobile Liability
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers’ Non-Ownership.
Before the contract period commences, the successful Contractor will file and make sure that all
certificates of insurance required by this document and by the Contract are in the City’s possession.
These certificates shall contain a provision that the coverage afforded under the policies will not
be canceled or materially changed until at least thirty (30) days prior written notice has been given
to the City by certified mail. The City shall be named as an additional insured on the above-
referenced policies.
2.11.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or
Occupational Disease Laws, including, where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability
Insurance shall be provided with a minimum of One Hundred Thousand and 00/100 dollars
($100,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and
control of its employees and for any injury sustained by such employees in the course of their
employment.
2.11.4 Contractor’s Pollution Legal Liability
Contractor agrees to maintain Contractor’s Pollution Legal Liability at a limit of liability not less than
$1,000,000 Each Occurrence $2,000,000 Annual Aggregate... The CONTRACTOR agrees the policy shall
include a minimum three (3) year Discovery (tail) reporting period, and a Retroactive Date that equals
or precedes the effective date of the Contract, or the performance of Work hereunder. The Contractor
agrees the Self-Insured. Retention shall not exceed $25,000. This coverage may be provided on a Per-
Project Basis.
2.11.5 Cancellation and Re-Insurance:
If any insurance should be canceled or changed by the insurance company or should any insurance
expire during the period of this contract, the successful Contractor shall be responsible for securing
other acceptable insurance to provide the coverage specified in this section to maintain coverage
during the life of this Contract. All deductibles must be declared by the successful Contractor and
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must be approved by the City. At the option of the City, either the bank shall eliminate or reduce
such deductible or it shall procure a Bond, in a form satisfactory to the City, covering the same.
2.12 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Contractor shall comply with all federal, state and local ordinances, regulations, and rules as
well as any other laws that would apply to the proposed project. Contractor costs associated with regulatory
requirements shall be included in the project cost whether depicted specifically or not within the body of
the proposal.
2.13 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND
LABOR SURPLUS AREA FIRMS (2 CFR §200.321)
If your firm is a certified minority business enterprise as defined by the Florida Small and Minority Business
Assistance Act of 1985, include your certification with your response. C.F.R. 200.321 encourages the active
participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of
any subsequent agreement whenever possible. If subcontracts are to be permitted, through a prime
Contractor, that Contractor is required to take the affirmative steps listed in items (1) through (6) below:
(1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5)Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
(6)Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
2.14 STORAGE OF MATERIALS
The Consultant must provide for own storage of material and equipment, if needed. No on-site storage is
permitted at the work area or other public areas, unless it is pre-approved by the City.
2.15 SUB-CONTRACTORS
If the Contractor proposes to use subcontractors in the course of providing these services to the City, this
information shall be a part of the bid response. Such information shall be subject to review, acceptance and
approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of
any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with
one that meets City approval.
Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms and
conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s subcontractors’
performance, and liable for any of Contractor’s subcontractors’ non-performance and all of Contractor’s
subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s expense, counsel being subject
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to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers,
employees, and agents from and against any claim, lawsuit, third party action, or judgment, including any
award of attorney fees and any award of costs, by or in favor of any Contractor’s subcontractors for
payment for work performed for the City.
2.16 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Damage to public and/or private property shall be the responsibility of the Debris Management Contractor
(DMC) and shall be repaired and/or replaced at no additional cost to the City. This includes any properties
used as Temporary Debris Management Sites (TDMS). All items damaged as a result of Contractor(s) or
subcontractor operations, such as but not limited to, sidewalks, curbs, pipes, drains, water mains,
pavement, mailboxes, and turf shall be either repaired or replaced by the Contractor, at their expense, in a
manner prescribed by and at the sole satisfaction of the Contract Manager. Any invoices submitted to the
City, such as but not limited to, from utility companies, or landowners, which are determined to be the
result of damage done by the Contractor, shall be the responsibility of the Contractor. Repairs, or receipt
of repairs, shall be completed and submitted to the City prior to submission of the Contractor’s invoice for
work accomplished. If the Contractor(s) fails to repair any damaged property, the City may have the work
performed and charge the Contractor(s).
2.17 E-VERIFY
Contractor acknowledges that the City may be utilizing the Contractor’s services for a project that is funded
in whole or in part by State funds pursuant to a contract between the City and a State agency. Contractor
shall be responsible for complying with the E-Verify requirements in the contract and using the U.S.
Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired
by Contractor during the Agreement term. The Contractor is also responsible for e-verifying its
subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to
the City any required information. Contractor acknowledges that the terms of this paragraph are material
terms, the breach of any of which constitute a default under the Agreement.
2.18 NO EXCLUSIVE CONTRACT
Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement
and further agrees that the City may, at any time, secure similar or identical services from another vendor
at the City’s sole option.
2.19 PUBLIC RECORDS
IF THE SUCCESSFUL CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF
SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL
33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305)
792-1703 OR VIA EMAIL AT MBetancur@sibfl.net.
END OF SECTION
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
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Section 3
SPECIFICATIONS AND REQUIREMENTS
3.0 SCOPE OF SERVICES
The City of Sunny Isles Beach, Florida (the “City”) a municipality located on a barrier island in Northeast
Miami-Dade County, is seeking qualified, experienced and licensed Contractor(s) hereinafter referred to as
the Contractor or Debris Management Contractor (the “DMC”) to remove, process, and lawfully dispose of
disaster generated debris from public property and public rights-of-way in response to a disaster and
emergency event. Such events include but is not limited to, hurricanes, tornadoes, windstorms, floods, and
fires or manmade disaster(s) such as civil unrest and terrorist attacks. Contractor shall provide all expertise,
personnel, tools, materials, equipment, transportation, supervision and all other services to rapidly respond
to volumes of wide scale debris. It is the intent of the City to award contracts to a Primary and a Secondary
Contractor for these services in order to insure adequate resources at the time of an event. The City retains
the right to obtain similar services from additional contractors. There is no guarantee any task order will be
issued under the awarded agreement, task orders will be executed in the event of a declared emergency.
Contractor and those performing the work must be appropriately licensed and registered. The work area
includes various locations throughout the City. Maps and locations will be made available with a
Mobilization Notice, however Attachment A includes a city map of ROW and public Property.
The successful Contractor must adhere to all requirements and regulations established by the Federal
Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), Florida Department
of Transportation (FDOT), Florida Department of Environmental Protection (DEP), the Stafford Act and any
other governmental agency with jurisdiction over response and recovery actions, including the City’s
requirements. The selected Contractor will be responsible for staying current with all FEMA and other
agency guidelines and regulations.
3.1 DEFINITIONS
The term “Chipping” shall mean reducing wood related material by mechanical means into small pieces to
be used as mulch or fuel. Woody debris can be reduced in volume by approximately 75 percent, based on
data obtained during reduction operations.
The term “Clean As You Go Policy” shall mean clearing all debris from each street or work zone on the first
pass, whenever possible.
The term “Contract Manager” shall mean the City’s representative duly authorized by the City Manager to
provide direction to the DMC regarding services provided pursuant to this ITB.
The term “Construction and Demolition Debris (C&D)” shall mean damaged components of buildings and
structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and
floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.
The term “Debris” shall mean scattered items and materials either broken, destroyed or displaced by a
natural disaster. Example: trees, construction and demolition material, personal property.
The term “Debris Clearance” shall mean the clearing the major road arteries by pushing debris to the
roadside to accommodate emergency traffic.
Debris Monitor (Or Consultant) means the successful Contractor, whether a corporation, partnership,
individual or any combination thereof, and its successors, personal representatives, executors,
administrators and assignees.
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Debris Management Contractor (DMC) means the firm under contract with the City to provide disaster
debris collection (hauling) services and its subcontractors.
Electronic Waste (E-Waste) means loosely discarded, damaged, obsolete, or broken electrical or electronic
devices including, but not limited to, computers, computer monitors, televisions, and microwaves.
Eligible Debris as determined by FEMA Section #325 Debris Management Guide and other applicable
regulations means debris resulting from a Presidentially declared disaster whose removal, as determined
by the City Administrator or his designee, is in the public interest because it is necessary to (1) eliminate
immediate threats to life, public health and safety; (2) eliminate immediate threats of significant damage
to improved public or private property; or (3) ensure economic recovery.
FDEP means the Federal Department of Environmental Protection.
FDOT means the Florida Department of Transportation.
FEMA means the Federal Emergency Management Administration.
FFWC means the Florida Fish and Wildlife Commission.
FHWA means the Federal Highway Administration.
The term “Hazardous Waste” shall mean material and products from institutional, commercial,
recreational, industrial, and agricultural sources that contain certain chemicals with one or more of the
following characteristics, as defined by the Environmental Protection Agency:
a) Toxic
b) Flammable
c) Corrosive
d) Reactive
The term “Household Hazardous Waste” shall mean used or leftover contents of consumer products that
contain chemicals with one or more of the following characteristics as defined by the Environmental
Protection Agency:
a) Toxic
b) Flammable
c) Corrosive
d) Reactive
Examples of household hazardous waste includes small quantities of normal household cleaning and
maintenance products, latex and oil-based paint, cleaning solvents, gasoline oils, swimming pool chemicals,
pesticides, propane gas cylinders.
The term “Hazardous Stump” shall mean an uprooted tree or stump (i.e., 50% or more of the root ball is
exposed) on a public right-of-way, improved public property or improved property owned by certain private
nonprofit organizations, and the exposed root ball poses an immediate threat to life, public health, and
safety.
“Mixed Debris” means a mixture of various types of debris including, but not limited to, C&D Debris,
White Goods, E-Waste, Household Hazardous Waste, metals, abandoned vehicles, tires, etc.
The term Project Manager means the CONTRACTOR’s representative authorized to make and execute
decisions on behalf of the CONTRACTOR.
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The term “Rights-of-Way” shall mean the portions of land over which a facility, such as highways,
railroads, and power lines are built. Includes land on both sides of the highway up to the private property
line.
The term Temporary Debris Management Site (TDMS) means a location where debris is temporarily stored,
reduced, segregated, and/or processed prior to final disposal.
The term “Tipping Fee” shall mean a fee based on weight or volume of debris dumped that is charged by
landfills or other waste management facilities to cover their operating and maintenance costs. The fee also
may include amounts to cover the cost of closing the current facility and/or opening a new facility.
The term Vegetative Debris means clean, woody debris and other organic materials that can be chipped
and mulched.
The term White Goods means all appliances; including, but not limited to, refrigerators, freezers, stoves,
washers, dryers and HVAC units.
3.3 DEBRIS REMOVAL SCOPE
DMC shall provide debris collection and removal activities including, but not limited to, the following
types of tasks:
1. The Contractor shall provide all labor, services, equipment, materials, and supplies necessary to collect
all brush, tree parts, burnable debris, non-burnable debris and C&D debris from the City rights-of-way and
public property as determined by the City. Removal of debris from private roads may be included in the
scope where necessary for public safety, as authorized by the City. Any and all services provided by the
Contractor, and labor, materials and equipment used by the Contractor, and its subcontractors must comply
fully with all Federal, state and local laws, regulations, and guidance;
2. Management and operation of storage and debris reduction sites to accept, process, reduce, incinerate
(with City approval) and dispose of event related debris;
3. Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling and disposal;
4. Providing all permits and services necessary for the containment, clean up, removal, transport, storage,
testing, waste debris reduction, treatment and/or disposal of hazardous and industrial materials, including
white goods, resulting from the events.
5. Removal of sand and earthen materials from roads, streets, and rights-of-way.
6. Vegetative debris will be removed and loaded separately from non-vegetative and bagged vegetative
debris.
7. At the direction of the City or Monitor, the Contractor shall remove storm generated debris from drainage
canals, creeks and ditches.
8. All debris removal from City Parks, improved public property, and Facilities, as described in Attachment
C will be at the approval and authorization of the city’s monitoring firm and/or project manager prior to
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removal. DMC shall process Vegetative Debris and Mixed Debris delivered to TDMS(s) on a daily basis. Prior
to processing, all debris shall be segregated between Vegetative Debris, C&D Debris, White Goods, E-Waste,
Hazardous Waste, and other Mixed Debris so as to maximize recovery and recycling efforts with city
approval.
9. The Contractor will not be compensated for disposing of any material not defined as eligible debris. The
Contractor and city’s monitoring firm and/or project manager will inspect each load to verify the contents
are in accordance with the accepted definition of eligible debris. If any load is determined to contain
material that does not conform to the definition of eligible debris, the load will be ordered to be deposited
at another landfill or receiving facility and no payment will be allowed for that load; and, the Contractor will
not invoice the City for such loads. For each suitable load picked up, hauled and processed, a record of the
cubic yards will be recorded by the Contractor on numbered tickets supplied by the Contractor. Each invoice
shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by
day, the individual verified load receipt, and invoice amounts.
10. All un-reduced disaster debris must be staged separately from reduced debris at the DMS(s).
11. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not
limited to, water, lighting and portable toilets.
3.4 DOCUMENTATION AND REIMBURSEMENT
DMC shall utilize load tickets provided by the Debris Monitor to track and document the removal and
management of Eligible Debris. DMC shall ensure that load tickets meet the requirements of FEMA and
other Federal, State, or local reimbursement agencies. DMC shall provide data management and support
to the City during the emergency recovery effort including, but not limited to, the following: Each load ticket
shall contain the following information:
a. Municipality (Applicant)
b. Prime Contractor name.
c. Sub-Contractor name.
d. Load ticket number.
e. Truck ID number and capacity
f. Truck Driver name.
g. Date and time of pick up, loading.
h. Date and time of delivery, unloading.
i. Pick up location (street address or primary street between specific area).
j. Loading Information
k. Debris Clearing Cycle (Push, First Pass, Second Pass, Third Pass, etc.)
l. Total cubic yards picked up.
m. Debris classification (Vegetative, White Goods, C&D, Mulch, Stump, etc.)
n. Load Monitor Printed Name and Signature.
o. Dump Monitor Printed Name and Signature.
p. GPS.
q. Inspector.
r. Unloading Information.
3.4.1 Load tickets will be issued by the Debris Monitor or City personnel prior to departure from the
loading site or upon arrival at the debris staging area. The Debris Monitor/City will keep two (2)
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copies of the load ticket and the vehicle operator will retain the remaining copies for DMC’s
records. DMC will scan all load tickets. DMC shall provide scanned copies of all load tickets, as well
as a spreadsheet itemizing all load tickets, once a week, or more frequently as requested by the
Contract Manager. Scanned load tickets shall be organized by activity date. DMC shall have a
system for clearly tracking and documenting all its costs associated with work conducted pursuant
to this contract, identifying expenditures eligible for reimbursement, and maintaining
documentation of the recovery process.
3.4.2 DMC shall supply certification placards meeting FEMA requirements and place such placards on its
vehicles. Placards shall also include the wording “City of Sunny Isles Beach Emergency Debris
Contractor” and the DMC’s name.
3.4.3 DMC will work closely with the City, with the City’s contracted Debris Monitor and applicable
Federal, State and local agencies to ensure that the City’s emergency recovery procedures and
data documentation for Eligible Debris meet the requirements of the reimbursement agencies.
DMC shall provide to the City all records, disposal tickets, field inspection reports and other data
necessary to adequately document recovery services and provide sufficient substantiation for
Federal and State reimbursement applications. DMC shall review all reimbursement applications
prepared by the City or Debris Monitor prior to submittal for sufficiency in meeting the
reimbursement requirements of these organizations and notify the City or Debris Monitor of any
recommended changes, corrections, alterations, or deletions. Such records shall be retained for a
period of three years following the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection by authorized representatives
of the contracting agency.
3.4.4 DMC shall reconcile any discrepancies between the Debris Monitor’s daily report and the
corresponding load tickets within forty-eight (48) hours.
3.5 PAYMENT
The City, or its authorized representative, will monitor, verify and document with load tickets the
completion of all work, as defined in the scope of work. The Contractor(s) will be provided with copies of
this documentation. These documents will be used by the Contractor as backup data for invoice submittals,
upon services rendered. Work not ticketed or not authorized by the City will not be approved for payment.
Additionally, any ticket submitted for payment must be legible and properly completed. Tickets missing
loading address, truck number, certified capacity, collection monitor signature, disposal site, load call or
disposal monitor signature will not be paid, nor will the City be responsible for unpaid incomplete tickets.
The City will not pay and/or reimburse any additional costs including, but not limited to, travel, mileage,
lodging, meals, and other travel and subsistence expenses. Price submittals should be inclusive of all such
expenses.
Payment for disposal costs incurred by the Contractor at City approved Final Disposal Sites will be made at
the cost incurred by the Contractor. The City will either coordinate payment of disposal costs directly with
the Final Disposal Site or require the Contractor to pay the disposal fees and then invoice the City. The
Contractor(s) shall submit a copy of all invoice(s) received by the City approved Final Disposal Site, an
electronic copy tabulating all scale or load tickets issued by the City approved Final Disposal Site, and proof
of Contractor payment to the City approved Final Disposal Site. The City will not render payment for disposal
costs until the Contractor submits applicable disposal site permits or site information for each authorized
Final Disposal Site.
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Contractor(s) must submit a final invoice within thirty (30) days of completion of scope of work. Completion
of scope of work will be acknowledged, in writing, by the City Debris Manager. The final invoice must be
marked “FINAL INVOICE” and no additional payments will be made after the Contractor’s final invoice.
3.6 PERSONNEL
Proposing firm shall have a professional staff with the knowledge, skills, and training to monitor the disaster
recovery process efficiently and effectively. Extensive knowledge of FEMA, FHWA, NRCS, FDOT, FFWC and
other applicable Federal, State or local agency laws, regulations and policies is required. DMC personnel
shall carry photo identification, commercial driver’s license, and show same to City personnel at any time
upon request. The City reserves the right to request the same of Subcontractors.
DMC shall update the operations report for any changes such as additions or deletions of staff. Any changes
in key personnel, such as but not limited to, the Project Manager and Field Supervisors, must be approved
by the City. The City retains the right to request personnel replacements. All such positions and applicable
hourly rates, inclusive of any associated costs to provide services, shall be listed in the Price Proposal Form,
and provided herein as attachment B. Contractor’s TDMS personnel must wear OSHA-required safety
equipment whenever at a TDMS and must adhere to all Disaster Debris Collector site safety requirements.
Field personnel shall be identifiable with safety vests and vehicle placards.
3.7 EMERGENCY ROAD CLEARANCE
Work shall consist of all labor, equipment, fuel, and associated costs necessary to clear and remove debris
from City roadways, to make them passable immediately following a declared disaster event. All roadways
designated by the City’s Debris consultant and Contract Manager shall be clear and passable within seventy
(70) working hours of the issuance of Notice to Proceed from the City to conduct emergency roadway
clearance work. This may include roadways under the jurisdiction of other governmental agencies under
the legal responsibility of the City. Clearance of these roadways will be performed as identified by the City’s
DMC. The Contractor shall assist the City and its representatives in ensuring proper documentation of
emergency road clearance activities by documenting the type of equipment and/or labor utilized (i.e.,
certification), starting and ending times, and zones/areas worked.
3.7.1 TIME-AND-MATERIALS
Time-and-materials contracts may only be used when the scope of work necessary to achieve an outcome
is unknown. The FEMA PA Program will typically only reimburse the City for a time-and-materials contract
for eligible debris clearance during the first 70 hours of work following a declared disaster. After the first
70 hours the services performed under this Contract element will be compensated using Attachment B –
Once the first push is accomplished, rates will be compensated using the CY rates – Schedule 2.
3.8 DEBRIS REMOVAL FROM PUBLIC RIGHTS-OF-WAY
As identified and directed by the City, DMC shall provide all labor, services, equipment, materials, and
supplies necessary to collect Vegetative Debris and Mixed Debris from the City’s rights-of-way and public
property. DMC shall haul all debris to designated TDMS(s) or other temporary staging areas, disposal sites,
or recycling centers, as determined by the City Debris Monitor Consultant. DMC shall segregate all debris
to the extent practical.
3.9 ROW VEGETATIVE DEBRIS REMOVAL
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated
costs necessary to pick up and transport eligible disaster-related vegetative debris existing on the City ROW
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to a City approved DMS or a City approved Final Disposal Site in accordance with all federal, state and local
rules and regulations. Vegetative debris may consist of whole trees, tree stumps, tree branches, tree trunks,
and other leafy material. Depending on the size of the debris, the collection of vegetative debris may require
the use of flatbed trucks, dump trucks, and grapple loaders.
a. For the purpose of this contract, eligible vegetative debris that is piled in immediate close proximity to
the street, and is accessible from the street with mechanical loading equipment (i.e., not behind a fence
or other physical obstacle) will be removed.
b. Removal of eligible vegetative debris existing in the City will be performed as identified by the City
Debris Manager.
c. Once the debris removal vehicle has been issued a load ticket from the City’s authorized representative,
the debris removal vehicle will proceed immediately to a City-approved DMS or a City approved Final
Disposal Site. The debris removal vehicle will not collect additional debris once a load ticket has been
issued.
d. All eligible debris will be removed from each location before proceeding to the next location unless
directed otherwise by the City or its authorized representative.
e. Entry onto private property for the removal of eligible vegetative hazards will only be permitted when
directed by the City or its authorized representative. The City will provide specific Right-of-Entry (ROE)
legal and operational procedures.
f. The Contractor must provide traffic control as conditions require or as directed by the City’s Debris
Monitor Consultant.
3.10 ROW CONSTRUCTION AND DEMOLITION (C&D) DEBRIS REMOVAL
Current Edition of the FEMA Public Assistance Program and Policy Guide (PAPPG) defines eligible
Construction and Demolition (C&D) debris as damaged components of buildings and structures such as:
lumber/wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window
coverings, pipe, concrete, asphalt, equipment, furnishings, and fixtures. (Note: This definition of C&D is for
disaster recovery purposes and is not the same definition commonly used in other solid waste documents,
such as FDEP Chapter 62-701.)
Work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to
pick up and transport eligible Construction and Demolition (C&D) debris.
3.11 HOUSEHOLD HAZARDOUD WASTE (HHW) REMOVAL, TRANSPORT AND DISPOSAL
Household Hazardous Waste (HHW) refers to hazardous products and materials that are used and disposed
of by residential consumers, rather than commercial or industrial consumers. HHW includes some paints,
stains, varnishes, solvents, pesticides, and other products or materials containing volatile chemicals that
catch fire, react, or explode under certain circumstances, or that are corrosive or toxic.
3.12 HAZARDOUS WASTE
Waste that is potentially harmful to human health or the environment that exhibits at least one of
the following four characteristics: Ignitability, Corrosivity, Reactivity and Toxicity.
o Hazardous wastes may require segregation and special handling
o Document improper segregation
o Notify appropriate authorities if unsafe practices are observed during handling and disposal
(know required safety procedures for the circumstances)
o Monitor processing carefully and regularly to verify the proper precautions are taken and the
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chain-of-custody is maintained
o Verify that hazardous wastes are delivered to an appropriate DMS, as they can require special
handling, transportation, and final disposition
3.14 LEANING TREES AND HANGING LIMBS
Services performed under this Contract element will be compensated using Attachment A – Unit Rate Price
Schedule 2. DMC shall trim, cut and/or fell leaning trees (leaners) and/or hanging limbs (hangers) that
constitute an immediate threat; only upon prior written consent of the Contract Manager. Each tree and
limb shall then be placed in the public right-of-way where such debris shall be removed and included in the
overall cubic yard price for debris removal. A fallen tree that extends onto the public right-of-way from
private property shall be cut at the point where it enters the right-of-way, and that part of the debris which
lies within the right-of-way shall be removed.
3.15 STUMP REMOVAL, BACKFILL AND HAUL
The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage, and any other
incidental items; to collect and remove eligible hazardous stumps from the City’s authorized ROW.
A. The Contractor shall extract or remove only stumps which meet the following eligibility criteria and are
authorized by the City or its designated representative:
1. The stump root ball is exposed by fifty (50) percent or more;
2. The stump shall be larger than twenty-four (24) inches in diameter, measured
twenty-four (24) inches above the ground; and extraction is required as part
of the removal.
3. The stump is located in the authorized ROW or on improved property and
poses a danger to the public’s health and safety.
B. The City or authorized representative shall measure and document the stump prior to removal, through
photographs, GPS coordinates, US National Grid coordinates, physical address/location and other relevant
information which verifies the hazard posed by the stump.
C. Hazardous stumps which meet the eligibility criteria and have been documented following the described
procedures shall be eligible for unit pricing which includes the extraction, transport, disposal, and filling the
root ball cavity.
D. Costs for the removal of hazardous stumps shall be invoiced separately.
E. The Contractor shall be required to fill the cavity left by the excavation process with clean fill dirt in the
quantity documented by the City or the City’s authorized representative.
F. The eligible hazardous stump shall be transported to the City’s DMS or to the City’s designated final
disposal site.
G. The diameter of eligible stumps less than twenty-four (24) inches will be converted into a cubic yardage
volume based on the published FEMA stump conversion table (Appendix E 1 – FEMA Stump Conversion
Table) - Assistance Policy (DAP) 9523.11 dated May 15, 2007.
H. Stumps which are placed on the authorized ROW by others shall not be eligible for hazardous stump
unit pricing.
24
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
3.16 CONTRACTOR’S EQUIPMENT
Services performed under this Contract element will be compensated using Schedule 3 - Equipment Price
Schedule. All trucks and other equipment must be in compliance with all applicable local, state and federal
rules and regulations. Contractor shall have proper safety devices maintained at all times while in use. If
equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City
shall direct the contractor to remove such equipment and/or the operator until the deficiency is corrected
to the satisfaction of the City of Sunny Isles Beach. The contractor shall be responsible for injury to persons
caused by the operation of the equipment.
The contractor must identify current inventory of heavy equipment, vehicles and other related equipment
and their current conditions that would be dedicated and utilized for the City’s objective. A full list shall
include descriptions, sizes and age of the equipment must be provided.
Per FEMA Recovery Policy RP9523.12, mechanically loaded vehicles are preferred for debris removal.
Hand-loaded vehicles are prohibited unless pre-authorized, in writing, by the Contract Manager or Debris
Monitor.
All trucks used for collection and hauling of eligible debris from the City ROW to City approved DMS(s) or
City approved Final Disposal Sites shall be measured (inside bed measurements) and certified for cubic yard
volume by the City or City-authorized representative. The Contractor shall provide a representative to attest
to the certification/measuring process. It is the Contractor’s responsibility to verify the accuracy of truck
certifications within forty-eight (48) hours of truck certification (and notify the City of any discrepancies).
Placards will be attached to both sides of each certified truck and shall clearly state the truck measurement
in cubic yards, Contractor name, assigned truck number, and other pertinent information, as determined
by the City Debris Manager.
Debris shall be reasonably compacted into the hauling vehicle. Any debris extending above the top of the
bed shall be secured in place so as to prevent them from falling off. Measures must be taken to avoid the
debris blowing out of the hauling vehicle during transport to a City approved DMS or a City approved Final
Disposal Site. If falling debris from hauling vehicles presents an issue the City reserves the right to require
the contractor to “tarp” or cover debris when hauling.
3.17 ONSITE CHIPPING
In areas not accessible by debris removal equipment and as directed by the Contract Manager, DMC will
chip limbs, branches, foliage, etc., onsite using a handfed chipper. DMC will collect chipped and other tree
debris immediately following completion of the chipping and haul the mulch or chipped debris to a final
disposal site as determined by the Contract Manager.
In accordance with National Fire Protection Association mulch and chip piles should not exceed 25 feet in
height, 150 feet in width, and 250 feet in length and shall follow current NFPA guidelines. A clear space of
not less than 15 feet shall be maintained between piles and exposing structures, yard equipment, or stock,
and piles should be subdivided by fire lanes having at least 30 feet of clear space at the base around each
pile. These piles should not be compacted and meet all local regulations and laws.
3.18 TEMPORARY DEBRIS STORAGE AND REDUCTION (TDMS) SITES
A Florida Department of Environmental Protection authorized site where debris is stored, reduced, grinded,
or sorted. Debris resides at the site for a relatively short period of time prior to final disposal during the