HomeMy WebLinkAboutRFP 23-04-02 Disaster Debris Monitoring Services Financial Recovery Assistance RFP # 23-04-02 PAGE 1
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
REQUEST FOR PROPOSALS
RFP # 23-04-02 DISASTER DEBRIS MONITORING SERVICES &
FINANCIAL RECOVERY ASSISTANCE
RELEASE DATE: MONDAY, APRIL 24, 2023
NON-MANDATORY PRE-PROPOSAL
MEETING
WEDNESDAY, MAY 3, 2023 AT 11:30 AM
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 4TH FL 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 RFP # and name.
CITY CLERK
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 1ST FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
RFP # 23-04-02 PAGE 2
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE NO.
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 9
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 17
EVALUATION PROCESS 28
PROPOSAL FORMAT 32
BID SUBMITTAL FORM 36
ATTACHMENTS – ALL EXHIBITS MUST BE REVIEWED BY YOUR FIRM
ATTACHMENT A – PRICE PROPOSAL
ATTACHMENT B – MAP OF CITY BOUNDARIES
ATTACHMENT C - 2023 - PRE-AUTHORIZATION FOR DISASTER DEBRIS MANAGEMENT
SITES (DDMS)
ATTACHMENT D - APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-
FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
ATTACHMENT E – FEMA’S PUBLIC ASSISTANCE DEBRIS MONITORING GUIDE
ATTACHMENT F - FEDERAL AID REQUIREMENTS FHWA 1273
ATTACHMENT G - FEDERAL PROVISION COMPLIANCE
AFFIDAVITS
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
RFP # 23-04-02 PAGE 3
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 is seeking sealed Bids for the following
work as specified.
DISASTER DEBRIS MONITORING SERVICES & FINANCIAL RECOVERY ASSISTANCE
RFP No. 23-04-02
The Specifications for this Request for Proposal are available from DemandStar by calling (800) 711-1712
or by accessing their website at www.demandstar.com. Vendors who obtain the RFP Specifications from
sources other than DemandStar, Bidsync or the City of Sunny Isles Beach are cautioned that their Bid
response package may be incomplete.
Proposals shall be on a unit price basis; segregated proposals will not be accepted. Sealed proposals 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.
Proposals received after this time will not be considered. The City is under no obligation to return proposals.
Timely submitted Bids will be opened publicly and read aloud following the RFP deadline.
The envelope containing the Sealed Proposal must be clearly marked:
“SEALED PROPOSAL ENCLOSED PROPOSAL NO. 23-04-02
DISASTER DEBRIS MONITORING SERVICES & FINANCIAL RECOVERY ASSISTANCE”
DUE DATE AND TIME: TUESDAY, MAY 16, 2023 NO LATER THAN 11:00 AM
The Owner reserves the right to reject any or all proposals, with or without cause, to waive technical errors
and informalities, and to accept the proposal which best serves the interest of, and represents the best
value to, the 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 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 200.317–
200.326, Non-Federal entities.
Potential and actual proposers 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, regarding this RFP from the time of the RFP initial
release through the award.
All questions regarding this RFP shall be directed in writing to Purchasing by May 5, 2023 AT 5:00
PM. Questions must be submitted via email to: Purchasing@sibfl.net.
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
RFP # 23-04-02 PAGE 4
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 PROPOSERS / 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 RFP 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 RFP Specifications or any required
need for clarification must be addressed to Purchasing at
Purchasing@sibfl.net by the date mentioned above.
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 Proposers 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
Proposal, Request for Qualifications, and Invitation to Bid. The
information is available via DemandStar by calling (800) 711-1712 or
by accessing their website at www.demandstar.com and Bidsync by
calling (800) 990-9339 or by accessing their website at
www.bidsync.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
Consultants (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/RFP/RFP 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/RFP/RFP 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 Proposal 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
Consultants prior to the opening must be initialed and dated by the
Consultants. 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:
Consultants 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 Consultants in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened. The City will
permanently retain as liquidated damages the bid deposit furnished
by any bidder who requests to withdraw a bid after the bid opening.
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 Consultants 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 Proposal. 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
Consultants facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Consultants, 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 Consultant’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 Consultants 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:
RFP # 23-04-02 Page 5
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
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 Consultants 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 Consultants 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
Consultants free of charge to the City. Each individual sample must
be labeled with the Consultants name and manufacturer's brand
name and delivered by them within ten (10) calendar days of
Consultants 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 Consultants 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 Consultants 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 Consultants 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:
Consultants warrants 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 Proposal 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:
Consultants shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Consultants shall be liable for any damages or loss to
the City occasioned by negligence of the Consultants (or their agent)
or any person the Consultants 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:
Consultants 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 Consultants must submit
certificates of insurance as outlined in the General Conditions
section. All required insurances 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 Consultants 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
Consultants, 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 Consultants hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
RFP # 23-04-02 Page 6
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 Proposal 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 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 Consultants, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Consultants 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: The offer of the Consultants submitted
on the prescribed form setting forth the
prices for the Work to be performed.
Consultants: 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 Consultants, 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 Proposal, 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 Consultants 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,
RFP # 23-04-02 Page 7
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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.
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 Bid shall be awarded to the lowest responsible and
responsive Consultant whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Consultant’s capability to perform
the Services as described in this RFP, ITB, RFP 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 Consultant 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 Consultants 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 Consultants a
Contract for execution within ninety (90) days after opening of Bids.
The City specifically reserves the right to award the contract to a
Consultant who is not necessarily the lowest dollars and cents
Consultants 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 HOLD 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.
RFP # 23-04-02 Page 8
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause 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:
Consultants 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
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 in jury 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 FORCE MAJEURE
The Agreement which is awarded to the successful Consultant may
provide that the performance of any act by the City or Contractor
hereunder may be delayed or suspended at any time while, but only
so long as, either party is hindered in or prevented from performance
by acts of God, the elements, war, rebellion, strikes, lockouts or any
cause beyond the reasonable control of such party, provided
however, the City shall have the right to provide substitute service
from third parties or City forces and in such event the City shall
withhold payment due Contractor for such period of time. If the
condition of force majeure exceeds a period of 14 days the City may,
at its option and discretion, cancel or renegotiate the Agreement.
End of Section
RFP # 23-04-02 Page 9
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 (Consultant) or (Debris Monitor) to provide Disaster Debris Monitoring Services
and Financial Recovery Assistance. 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. Consultant shall provide all expertise, personnel, materials, transportation, supervision
and all other services to rapidly respond to volumes of wide scale debris. Activities shall include,
but are not limited to monitoring the following: field operations regarding all storm generated
debris; debris pickup; debris hauling; debris staging and reduction; temporary debris storage site
management; debris management; and final disposal of debris to an approved facility. Failure of
Debris Management Contractor to mobilize does not preclude the Consultant to fulfill their
contractual obligations to render such services request herein. Upon the City’s request, the
consultant shall also render monitoring services to City employees and contractor’s providing
debris removal services, in addition to the awarded Debris Management Contractor. Small and
Minority, women-owned enterprises and labor surplus area firms are encouraged to submit
proposals.
It is the intent of the City to award contracts to a Primary and a Secondary Consultant for these
services in order to insure adequate resources at the time of an event. There is no guarantee that
a Notice to Proceed (NTP) will be issued under the awarded agreement, NTP’s will only be
executed in the event of a declared emergency. 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 firm 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 (FDEP),
the Stafford Act and any other governmental agency with jurisdiction over response and recovery
actions, including the City’s requirements. The selected firm will be responsible for staying current
with all FEMA and other agency guidelines and regulations and will be responsible for advising the
City from beginning to end to ensure maximum financial recovery for the City.
The Consultant shall have a profound 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 RFP 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 Attachment B, incorporated herein in order to be eligible
for reimbursement under the Federal Public Assistance Program. Firms shall also follow FEMA’s
Public Assistance Debris Monitoring Guide, policy document 327 as detailed in Attachment C.
2.2 TERM AND RENEWALS
RFP # 23-04-02 Page 10
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 Consultant shall 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 Consultant
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
Consultant shall be compensated for the service at the rate(s) in effect when the City invokes this
extension clause. 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 Consultant.
Renewals shall be exercised only when such continuation is clearly in the best interest of the City.
2.3 PRICE
Prices proposed shall be valid for at least 120 days from time of RFP opening unless otherwise
extended and agreed upon by the City and consultant. 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 consultant’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 Consultant, the City will assume that the
Consultant 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
Consultant and/or to not exercise any otherwise available option period based on the proposed
price adjustments.
2.4 MINIMUM QUALIFICATION REQUIREMENTS (MQR)
In order to be considered responsive, Proposers shall, at a minimum, demonstrate compliance
with the requirements listed in this RFP. 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. Proposers failing to meet these requirements may be deemed
non-responsive.
RFP # 23-04-02 Page 11
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
The Proposer shall, at the time of Proposal submittal, time of award, and throughout the duration
of the Contract, continue to meet the criteria requirements as stated in this document.
a) Proposing Firm must have three (3) active contracts with government agency’s of similar
size, scope and complexity and specifications as stated in this RFP 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 Firm shall provide a minimum of three (3) reference letters in which
Contractor served as Primary Firm for services of similar size, scope and complexity
within the last five years. All of the references must be from government entities for
debris monitoring experience.
2.5 INVOICING/PAYMENT
Payment will be made only after receipt and acceptance of consultant’s 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. The Consultant should submit regular invoices for no more
than 30-day periods. Invoices will be subject to verification and approval by the department
requesting the service.
2.6 MULTIPLE AWARD
The City may award multiple firms (primary and secondary) as available, by line item, by group,
or in its entirety, as deemed the best interest of the City. The City will endeavor to utilize
consultant(s) in order of award. It is the intent of the City to award a Primary and a Secondary
Consultant for services to be provided to the City under this proposal. The Primary Consultant
shall be the initial firm mobilized by the City. The Secondary Consultant will be utilized in instances
where the scope of the event merits additional resources to assist the Primary Consultant, or if
the Primary Consultant has defaulted its contract. However, the City may utilize other proposals
in the event that: 1) the consultant 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.
2.7 NOTICE TO PROCEED
The City shall issue an official Notice to Proceed to activate the services referenced in this RFP 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 Consultant. The Consultant must acknowledge
receipt of the written Notice to Proceed. The Consultant shall begin preparation for mobilization
immediately after receiving the Notice to Proceed and be fully operational 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.
RFP # 23-04-02 Page 12
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.8 LIQUIDATED DAMAGES
Should the firm 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.
The firm 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 twenty-four
(24) hours of being issued Notice to Proceed. The Debris Monitor will make every attempt to
perform the awarded services within the time frame(s) requested. Repeated failure to timely
perform services may result in termination of the Agreement for cause and shall be cause in- need
for the City to procure in the open market services meeting or similar to those specified in the
Agreement and obligate the Debris Monitor to pay the City any increase in costs occasioned
thereby.
These amounts are not penalties but liquidated damages to the CITY. Liquidated damages are
hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely
ascertaining the amount of damages that will be sustained by the CITY as a consequence of such
delay, and both parties desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of the CONTRACTOR to complete the Contract on
time.
2.8 INSURANCE REQUIREMENTS
The Consultant, and its subcontractors, sub-consultants, assignees and suppliers, at its
own expense, shall keep in force and at all times maintain during the term of this Agreement:
2.8.1 Comprehensive General Liability
Comprehensive General 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
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
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.
2.8.2 Professional Liability Insurance
RFP # 23-04-02 Page 13
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Consultant agrees to maintain Professional Liability Insurance with a limit of not less
than one million ($1,000,000) per occurrence on per Event basis.
2.8.3 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 Consultant 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.
2.8.4 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. Consultant 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.
2.8.5 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 Consultant 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 Consultant and 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.
2.9 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Consultant 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. Such Consultant
costs associated with regulatory requirements shall be included in the project cost whether
depicted specifically or not within the body of the proposal.
RFP # 23-04-02 Page 14
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.10 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND
LABOR SURPLUS AREA FIRMS (2 CFR §200.321)
If your firm is 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.
2.11 SAFETY STANDARDS
The Consultant shall adhere to the Florida Department of Transportation’s Uniform manual on
Traffic Control for construction and maintenance work zones when working on or near a roadway
and while supervising the Debris management Contractor (“DMC Contractor”) to these standards.
It will be the sole responsibility of the Consultant to make themselves and their employees fully
aware of these provisions, especially those applicable to safety. Consultant will identify any
possible health/safety risks during debris monitoring and collecting activities and immediately
address any deficiencies. This includes appropriate use of Personal Protective Equipment (PPE);
vehicle spacing and traffic concerns both in the field and at the Temporary Debris Management
Sites (TDMS) and ensuring any equipment used is appropriate for the task and is operating
correctly. All work must be performed following EPA requirements and OSHA safety standards
and regulations.
2.12 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.
RFP # 23-04-02 Page 15
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.13 PERFORMANCE
Failure on the part of the consultant to comply with the conditions, terms, specifications and
requirements of the bid shall be just cause for cancellation of the proposal award. The City may,
by written notice to the firm, terminate the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
2.14 SUB-CONSULTANTS
If the Consultant proposes to use sub-contractors / sub-consultants in the course of providing
these services to the City, this information shall be a part of the proposal 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 the
City’s best interest.
Consultant shall ensure that all of Consultant’s subcontractors perform in accordance with the
terms and conditions of this Contract. Contractor shall be fully responsible for all of Consultant’s
subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance
and all of Consultant’s subcontractors’ acts and omissions. Consultant shall defend, at
Contractor’s expense, counsel being subject 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 Consultant’s subcontractors for payment for work performed for
the City.
In the proposal to the City, the Consultant will provide information as to what percentage of work
described herein will be subcontracted.
2.15 E-VERIFY
Consultant acknowledges that the City may be utilizing the Consultant 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. Consultant 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.
Consultant acknowledge that the terms of this paragraph are material terms, the breach of any
of which constitute a default under the Agreement.
2.16 NO EXCLUSIVE CONTRACT
Consultant 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.
2.17 PUBLIC RECORDS
IF THE SUCCESSFUL CONSULTANT HAS QUESTIONS
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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
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUCCESSFUL CONSULTANT’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
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 firm(s) hereinafter
referred to as the (Consultant) or (Debris Monitor) to provide Disaster Debris Monitoring Services
and Financial Recovery Assistance. 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. Consultant shall provide all expertise, personnel, materials, transportation, supervision
and all other services to rapidly respond to volumes of wide scale debris. Activities shall include,
but are not limited to monitoring the following: field operations regarding all storm generated
debris; debris pickup; debris hauling; debris staging and reduction; temporary debris storage site
management; debris management; and final disposal of debris to an approved facility.
Under this contract the selected firm will be required to be on call 24 hours of the day, 7 days a
week and have a dedicated point of contact. The point of contact must be in the area and available
in person within 24 hours after an event. In the case of a pending hurricane strike, the Consultant
will be required to be in the area prior to the arrival of the pending storm due to the fact that it
may be difficult to get into the area after a storm has passed. If the selected firm has multiple
contracts of this nature the selected firm must provide the names of the parties and the type of
contract entered into. It is the City’s goal to enter into a contract with a firm that can provide the
contracted services required without competing for resources.
3.1 DEFINITIONS
The term “Aerial Photographs” means 8 1/2” x 11” color enlargements of multiple view (usually
3) aerial photographs of debris sites, located within Dade County, for the purpose of
documentation and measuring and calculating cubic yards. Printed on each photograph shall be
the company name, date, time and name of location.
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 “Choke Point” means an inspection site where all trucks must pass.
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 RFP.
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.
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
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The term “Debris” shall mean scattered items and materials either broken, destroyed or displaced
by a natural disaster, measured in cubic yards “CY”. Example: trees, construction and demolition
material, personal property.
The term “Debris Clearance” shall mean the clearing of the major road arteries by pushing debris
to the roadside to accommodate emergency traffic.
Debris Monitor (Or Consultant) means the successful Consultant, whether a corporation,
partnership, individual or any combination thereof, and its successors, personal representatives,
executors, administrators and assignees.
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.
FWC means the Florida Fish and Wildlife Commission.
FHWA means the Federal Highway Administration.
NRCS means the Natural Resources Conservation Service.
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 characteristic as defined by
the Environmental Protection Agency:
a) Toxic
b) Flammable
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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
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 Consultant’s representative authorized to make and
execute decisions on behalf of the Consultant.
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 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.
3.2 CONSULTANT PERSONNEL AND RESPONSIBILITY
• Consultant shall secure, at its expense, all necessary personnel required to perform the
services under this RFP.
• Consultant 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, FDEP, FWC and other applicable Federal, State or local agency
laws, regulations and policies is required.
• Consultant and Project Manager shall have experience in the FHWA, FEMA, and other
applicable Federal, State, and/or local programs to assist the City in its disaster response
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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
and recovery efforts. Proper documentation by Consultant as required by FHWA and
FEMA is required for all debris removal monitoring operations to ensure reimbursement
to the City from the appropriate agency. If necessary, Consultant’s personnel shall possess
any certifications or licenses that are required by Federal, State or local law in order to
perform such services.
• Consultant’s staffing plan shall include the positions listed below. Consultant may use
other positions as necessary and as approved by the City. All such positions and applicable
hourly rates, inclusive of any associated costs to provide services, shall be listed in the
“Proposal Form” provided herein as Attachment A.
3.2.1. Project Manager – Primary point-of-contact to the city and overall responsible for
all Consultant services and personnel. Consultant shall appoint a Project Manager, fluent
in English, who will be the City’s primary point of contact and will be responsible for all
services and personnel that are provided by the Consultant. The Project Manager shall
attend all meetings and briefings designated by the City. Daily meetings will be conducted
by the City with the Consultant and the Disaster Debris Collector along with other
essential personnel in order to confirm daily debris recovery activities and schedules,
address and resolve issues or concerns, and discuss progress of the debris recovery effort.
3.2.2. Field Supervisor – Responsible for scheduling and deploying the loading and
tower/site debris monitors and overseeing their daily activities at loading sites and
disposal and staging sites. The field supervisor resolves field operational, eligibility, and
safety issues, and communicates these issues to the City.
3.2.3. Field Monitor – Responsible for overseeing the DMC’s debris recovery activities and
issuing load tickets.
3.2.4. TDMS Monitor /Tower Monitors – Disposal tower/site monitors will be located at
the entrance to the TDMS or landfill where the inspection tower is located. They will be
responsible for estimating and recording the CY of debris in appropriate location on the
lower portion of the load ticket for all incoming debris-hauling vehicles.
3.2.5. Debris Site Security – Unarmed and non-sworn security at TDMSs and Drop-Off
Sites during all the hours of operations that the sites are active for debris removal and
management, as directed by the City.
3.2.6. GIS Specialist – Responsible for coordinating GIS application with City GIS staff
members.
3.2.7. Data Entry – Responsible for tracking, verifying, and entering load tickets into a
data-base application, digitizing source documentation.
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3.2.8. Data Manager - Responsible for overseeing the processing of load ticket
information and ensure documentation is maintained in accordance with all federal, state
and local requirements.
3.2.9. FEMA Reimbursement Manager - Manages the preparation and submittal of FEMA
documentation.
• Consultant’s TDMS personnel must wear OSHA-required safety equipment whenever on
a TDMS and must adhere to all federal and applicable safety standards requirements.
Field personnel shall be identifiable with safety vests and vehicle placards.
• Contractor shall provide adequate Site Monitors for each DMS. The DMS locations
identified by the City for use are noted in Exhibit C. The City reserves the right to add,
remove or change DMS locations are needed at the sole discretion of the City.
• Consultant’s Project Manager shall coordinate daily with the Contract Manager and
DMC, and shall comply with all directions and guidance provided by Federal or State
representatives.
• Consultant must attend any and all meetings required by the Contract Manager to
evaluate the debris removal and disposal operations.
3.3 PROJECT MANAGEMENT AND PROCESS OVERSIGHT
The Project Manager shall assist the City in developing an Operational Plan for the specific
occurrence. Consultant may also be requested to assist in other debris recovery planning efforts,
such as identifying adequate TDMSs, estimating debris quantities, and developing disaster plans
for debris clearance following a disaster event. Project Manager will be responsible for
coordinating daily briefings, work progress, staffing, and other key items with the City.
Project Manager shall attend all meetings and briefings designated by the City. Daily meetings will
be conducted by the City with Consultant, DMC and other essential personnel in order to confirm
daily debris recovery activities and schedules, address and resolve problems, and discuss progress
of the debris recovery effort.
Consultant shall provide trained personnel to observe, direct and document the activities of the
DMC. Consultant shall be responsible for scheduling work for all its personnel on a daily basis.
Consultant shall assist the City in coordinating work assignments for the DMC and ensure
compliance with contracts with the DMC’s subcontractors. Consultant shall monitor the DMC’s
progress and record the progress daily, including mapping all streets and locations where debris
was collected. Electronic Data Collection is the preferred method of load ticket records.
Consultant shall also prepare project worksheets, right-of-entry forms, and any other required
forms for the work group.
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Consultant shall track and coordinate with City personnel to respond to problems in the field and
to citizen’s complaints, including commercial or residential property damage claims as a result of
debris removal.
Consultant shall prepare FEMA worksheets and review such worksheets with City staff.
3.4 FIELD SUPERVISOR
Services include, but are not limited to:
• Overseeing and supervising loading site and disposal site debris monitoring activities
• Scheduling debris monitoring resources and deployment timing
• Communicating and coordinating with City/County personnel
• Providing suggestions to improve the efficiency of collection and removal of debris
• Coordinating daily activities and future planning
• Remaining in contact with debris management/dispatch center or supervisor
• Identifying, addressing, and troubleshooting any questions or problems that could
affect work area safety and eligibility
• Supervising the accurate measurement of load hauling compartments and
accurately computing volume capacity in cubic yards (CY)
• Documenting and recording measurements and computations
• Documenting truck hauling compartment condition using digital photographs
• Preparing a master log book of all hauling equipment used by the City’s debris
removal contractor
• Compiling, reconciling, and documenting daily, in an electronic spreadsheet format,
all eligible debris hauled by the debris removal contractor(s)
3.5 FIELD COLLECTION MONITORING
In order to obtain FEMA reimbursement for Eligible Debris, all loads must be monitored in the
field by collection monitors. Specific activities shall include but not be limited to the following:
3.5.1 Consultant shall provide personnel to serve as Field Monitors and Field Supervisors. The
primary function of the Field Monitors is to verify that debris picked up by the DMC recovery
crews are Eligible Debris and to issue debris load tickets for such Eligible Debris. Field Supervisors
shall oversee and coordinate the work of the Field Monitors.
3.5.2 Consultant shall train all Field Monitors and Supervisors to ensure that proper FEMA
documentation protocol requirements are instituted and followed. Consultant shall equip all Field
Monitors with vehicle transportation and technology which shall include cameras, computers,
communication devices, GPS devices, and other equipment as deemed necessary and/or
appropriate.
3.5.3 Consultant will have Field Monitors to monitor all DMC operations. Consultant will have
monitors that will observe DMC operations to ensure that only Eligible Debris is removed from
the areas designated by the City and to verify the proper loading and compaction of debris into
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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
debris recovery equipment. Each truck driver will be given a load ticket that validates where the
material originated. Photographs of debris shall be taken as directed by the City to verify the
source and type of debris for reimbursement purposes. Trucks that are observed picking up
material outside of the designated rights-of-way or that are ineligible will have all loads hauled
that day deducted and the load tickets invalidated.
3.5.4 If a Field Monitor finds that the Debris Management Contractor’s work is not performed as
specified by the City and/or complies with FEMA, Federal or State requirements for debris
collection activities, the Field Monitor must immediately initiate a stop work order and notify the
Field Supervisor AND Project Manager. All stop work orders must be documented and reported
immediately to the City’s Contract Manager.
3.5.5 Field Monitors shall survey their assigned areas for special needs and record detailed
information, including GPS and photo documentation, specific location, specific threat and any
special circumstances regarding the following: Hazardous Stumps and leaning trees (leaners), as
well as a random sampling of hanging limbs (hangers). For Hazardous Stumps, Field Monitors shall
also record the stump’s diameter and the quantity of material needed to fill the resulting hole.
Field Monitors shall also document, in detail, removal of Hazardous Stumps, leaners and hangers.
Consultant’s responsibilities shall include but not be limited to the following:
(a) Ensure all loads of debris hauled to the TDMS site by the Debris Management Contractor and
all loads of debris exiting the site are documented with properly completed load tickets. By
completing the load ticket, the Site Monitor certifies that all information on the document is
complete and accurate, including load volumes.
(b) Photograph loads of debris, as directed by the City or FEMA, and record load information with
the photograph.
(c) Compile all load tickets and provide copies to the Debris Management Contractor in a format
acceptable to the City and the collector’s designated personnel.
(d) Obtain and verify the Disaster Debris Collector’s fleet documentation. Consultant will obtain
from the Disaster Debris Collector such documentation, including the make, model, license plate
number, Collector equipment number, measured and validated maximum volume in cubic yards,
of the load bed of each piece of equipment to be utilized to transport debris and any other
information necessary (including photographs) to comply with FEMA requirements. The
measured volume shall be calculated from the actual physical measurement performed by the
Disaster Debris Collector and the reported volume shall be the same as shown on signs affixed to
each piece of equipment.
(e) Certify all debris vehicles at the TDMS beginning no later than 24 hours after the Notice to
Proceed has been delivered. Consultant shall update the fleet documents as the Disaster Debris
Collector adds or deletes vehicles from the collection fleet or when measurement calculations are
modified through the random verification process. Consultant shall also periodically and randomly
perform volume capacity verifications of recovery vehicles.
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CITY OF SUNNY ISLES BEACH
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(f) Verify that all Disaster Debris Collector equipment has been completely emptied prior to
leaving the TDMS.
(g) Observe all vehicles entering and exiting the TDMS to ensure that all vehicles are in good repair
and safe to operate with secured sideboards and tailgates.
3.6 TRACKING DOCUMENTATION AND REIMBURSEMENT
Consultant shall provide a data entry/data manager to load tickets to track and document the
removal and management of all Eligible Debris. Consultant shall ensure that load tickets meet the
requirements of FEMA and other Federal or State reimbursement agencies. Consultant shall
retain original completed tickets on behalf of the City, which shall be turned over to the City,
daily. Copies of completed load tickets shall also be retained by Consultant, vehicle driver,
subcontractor, and DMC. Additionally, load tickets shall be scanned into a master electronic file
with a summary spreadsheet identifying each truck and ticket.
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.
Consultant shall document all recovery work to ensure that proper records are maintained for
load tickets and recovery costs for reimbursement purposes. During the first seventy (70) hours
following a declared disaster, this may require documenting times that manpower and equipment
are actively used in order to document time-and-material reimbursements. This shall also include
any photographs or other means of confirming debris load information for reimbursement
purposes.
Consultant shall assist the City in preparing reports necessary for reimbursement by FEMA, FHWA
and any other applicable Federal, State or local agencies. Consultant shall provide daily reports
throughout the disaster event, including updates for the daily briefing meetings; reports on the
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CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
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review and validation of the DMC; cubic yard/tonnage reports that provide the number of trucks
and volume/tonnage of debris received at each TDMS as well as a total for all TDMSs; and a final
report following completion of debris recovery operations.
Supervising the preparation of detailed estimates and submitting them to the City/County debris
manager. Implementing and maintaining a disaster debris management system linking the load
ticket and debris management site information, including reconciliation and photographic
documentation processes.
Overseeing the entering, tabulating, and organization of collection and disposal data into required
formats in compliance with requirements of FEMA, FHWA, and all other applicable federal, state,
and local agencies. The Data Manager serves as the City’s representative in meetings with
representatives of the Debris Contractor(s), State of Florida, FEMA, or other federal, state, or local
agency speaking to data-related issues. Consultant shall retain all such documentation for at least
ten (10) years following a disaster or emergency event.
3.8 TRUCK CERTIFICATION
Monitoring firm will establish a team of individuals who will inspect and certify vehicles for hauling
storm related debris in accordance with FEMA guidelines. A certification sheet with
measurement, photos, and calculations documenting the capacity of the truck is kept for load
rating and ticket auditing. Summary books will be kept at each TDSRS/disposal site for quality
control. Certifications should also include a methodology to discourage collection contractors
from modifying their vehicle after certification, such as identifying unique attributes to the vehicle
like sideboards. Photographs of the vehicle and its driver shall be documented. Periodic spot
checks and recertification of trucks that were potentially altered after initial certification shall be
performed.
3.7 FINANCIAL MANAGEMENT & RECOVERY SERVICES
The selected firm will be expected to provide financial management and recovery services to
include general post-disaster grant management and administration services. Specific services
may include:
3.7.1. Damage Assessment: Deployment of a disaster response team to assist with identifying,
documenting, and quantifying disaster related damages.
3.7.2. Eligibility Consultation: Assessment of damage inventory to determine primary and
secondary funding sources for repairs.
3.7.3. Project Ranking: Review of damage inventory or mitigation project listing to assign priorities
to projects based on urgency and benefit.
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3.7.4. Financial Advisory: Assist clients with marrying local cost share requirements to funding
sources.
3.7.5. Benefit Cost Analysis: Utilize industry recognized benefit and costing processes to
accurately quantify the value of funding projects and initiatives.
3.7.7. Feasibility & Effectiveness Studies: Develop studies to demonstrate the practicality of a
repair or mitigating project, as well as the sufficiency of protection offered by the project.
3.7.8. Site Survey & Legal Description Review: Gather necessary parcel information to confirm
that acquisition and relocation projects are carried out legally.
3.7.9. Appraisal & Valuation Services: Develop replacement cost and market value assessments
to serve as the basis of award for grant applications.
3.7.10. Data Management: Implement data management system to ensure that grant related data
is gathered and stored in a manner that meets grant application and reporting requirements.
3.7.11. Document Management: Implement document management tool to provide web-based,
point and click document storage and viewing.
3.7.12. Grant Application Development: Compile, assemble and organize required documentation
for application to grant program.
3.7.13. Contractor Invoice Reconciliation: Reconcile contractor requests for payment with
substantiating field documents and grant funding sources.
3.7.14. Compliance Reporting: Compile, assemble and organize statistics, project progress and
metrics.
3.7.15. Project Scoping: Develop scopes of work that achieve grant recipient objectives while
satisfying funding and regulatory requirements of federal, state and local agencies.
3.7.16. Insurance Adjusting/Subrogation: Gather and review insurance policies, claims and
settlements in order to ensure non-duplication of benefit on an insured loss.
3.7.17. Eligibility Appeals: During instances of funding de-obligations, drafting of compelling
appeals for funding deficiencies.
3.7.18. Grant Closeout/Reporting: Provide final reconciliation of expenditures to grant funding
applications and award documents.
3.7.19. Report Preparation: Prepare appropriate reports for submission to FEMA and/or other
federal and state agencies for reimbursement
3.7.20. Reimbursement Consulting: Instruct the City on the requirements in order to obtain FEMA
and/or other federal and state agency reimbursements
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3.7.22. Record Management: Keep and maintain the necessary records, documents, pictures, and
all other data required in order to obtain reimbursements from FEMA and/or other federal and
state agencies
3.7.23. Establishment of Maintenance of Accounting Records: Records of costs incurred under the
terms of this agreement shall be maintained and made available upon request to the City at all
time during the period of this agreement and for five years after the event closeout by
FEMA/FHWA. Records of costs incurred include the Contractor's general accounting records and
the project records, together with supporting documents and records, of all subcontractors
performing work on the project, and all other records of the contractor and subcontractors
considered necessary by the Department of Transportation for a proper audit of costs.
3.7.24. Documentation of Project Costs: All costs charged to the project shall be supported by
properly executed payrolls, time records, invoices, contracts or vouchers, and any other
documentation evidencing in proper detail the nature and propriety of the charges.
3.7.25. Comprehensive mitigation programs: to include development of mitigation plan(s), staff
training, cost benefit analysis, project management, environmental review and staff
augmentation.
3.7.26. Other Services: Other Services as Directed by the contract manager.
3.8 OTHER RELATED SERVICES
a. Upon request by the City’s Contract Manager, Consultant shall provide Aerial Photographs of
debris sites. Photographs shall be extremely sharp and clear containing reference boundaries
for location identification. Consultant may have to take several photographs to produce one
acceptable quality photograph. If the photographs delivered are not of sufficient quality, as
determined by the City’s Administrator, the City will not be obligated to pay for the flight and
photographs. If Consultant and City agree, photos may be retaken at Consultant’s expense.
Photographs shall be delivered to the City within five (5) business days of order, weather
permitting.
b. Assist the City in obtaining any necessary permits, licenses and certificates as may be required
to perform debris management work and in clarifying and resolving any compliance issues.
c. Provide training to City staff as directed by the Contract Manager. A hurricane simulation
exercise to applicable CITY staff and contractors designated by the City.
d. Be prepared with appropriate staffing, supervisors, and watercraft to oversee cleaning of
debris from canals and waterways.
e. Assisting the CITY with responding to public concerns and comments.
f. Pre-Storm Coordination: Monitor will be prepared to meet with the City one time prior to
June 1st of each year to coordinate services for the upcoming storm season. Additionally,
Monitor shall meet with the City immediately prior to a credible disaster threat. These
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18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
meetings shall occur at no cost to the City and are meant to facilitate increased coordination
of efforts, to discuss the City's expectations of the Monitor, and to fast track recovery
activities when a disaster strikes.
END OF SECTION
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Section 4
Evaluation Process
4.1 Review of Proposals For Responsiveness
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation that includes all documentation, is submitted in the format
outlined in this solicitation, is of timely submission, and has the appropriate signatures as required
on each document. Failure to comply with these requirements may result in the proposal being
deemed non-responsive. The City reserves the right to select the Consultant who represents the
best value, and to accept or reject any proposal submitted in response to this solicitation.
EVALUATION METHOD AND CRITERIA
The recommendation(s) for award shall be made to the City Commission, by the City Manager, to
the responsible responsive Proposer(s) whose proposal is highest rated by the Evaluation
Committee:
QUALIFICATIONS AND EXPERIENCE MAXIMUM
POINTS
1. i. Firm’s background, history and overall experience in previous
projects of similar size and scope.
ii.Firm's experience in filing and receiving Federal and State
reimbursements.
iii. Staff experience and resumes- specifically, operational and
administrative personnel assigned to the City.
iv. Assurance of dedicated project team & identify senior and project
management and experience of key team members in areas identified
under experience of Respondent. Staff experience and resumes of the
administrative personnel assigned to the City.
40
APPROACH TO THE PROJECT
2. i. Response times and operational plans for monitoring debris
recovery.
ii. Procedures for documentation and verification functions.
iii. Organizational structure of firm, chain of command, sub-
consultants plan.
iv. Onsite emergency response and communications. Quality control
and customer service plans.
25
PAST PERFORMANCE
i. Reference Checks.
ii. Explanation of unrecovered FEMA reimbursements, if any.
iii. Closed, active and pending FEMA disputes, audits or lawsuits
20
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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
PRICE PROPOSAL
4. Hourly Rate Schedule 15
TOTAL POTENTIAL POINTS 100
4.2 PRICE EVALUATION
The price proposal should include all components of specifications provided. It shall be
evaluated subjectively in combination with the qualifications provided, including an
evaluation of how well it matches Consultant’s understanding of the City’s needs
described in this solicitation, the Consultant’s assumptions, and the value of the proposed
services. The City reserves the right to negotiate the final terms, conditions and pricing of
the contract as may be in the best interest of the City.
4.3 NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the Consultant’s best terms from a monetary
and technical standpoint.
Notwithstanding the foregoing, if the City and said Consultant(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager’s or designee’s discretion, begin negotiations with the next lowest responsible
and responsive Consultant. This process may continue until a contract acceptable to the
City has been executed or all proposals are rejected. No Consultant shall have any rights
against the City arising from such negotiations or termination thereof.
Any Consultant recommended for negotiations must provide to the City:
Information concerning any prior or pending litigation, either civil or criminal,
involving a governmental agency or which may affect the performance of services to
be rendered herein, in which the Consultant, any of its employees or subcontractors
is or has been involved within the last three years.
4.4 DISCUSSIONS & PRESENTATIONS
The short-listed Consultants may be requested to make presentations to the Committee.
The City may require additional information after evaluation of the submittals, and
Consultants agree to furnish such information upon the City’s request.
All Consultants are advised that in the event of receipt of an adequate number of
proposals, which in the opinion of the Evaluation Committee require no clarification
and/or supplementary information, such proposals may be evaluated without discussion
or need for presentations. Hence, proposals should be initially submitted on the most
complete and favorable terms which Consultant are capable of offering to the City.
RFP # 23-04-02 Page 31
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Oral Presentations are to support what has been provided in the proposals by each Firm
and to exhibit and otherwise demonstrate and clarify and expand on the information
contained below.
4.5 RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and federal laws and regulations, City reserves
the right to reject any and all Proposals, to waive any and all informalities not involving
price, time or changes in the work, and to disregard all nonconforming, non-responsive,
unbalanced or conditional Proposals. Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations in form, additions not called for,
conditions, unauthorized alterations, or irregularities of any kind.
City reserves the right to reject any Proposal if City believes that it would not be in its best
interest to make an award to a particular Consultant, either because the Proposal is not
responsive, the Consultant is unqualified, of doubtful financial ability, or fails to meet any
other pertinent criteria established by City within the scope of this solicitation.
END OF SECTION
RFP # 23-04-02 Page 32
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 5
Proposal Format
5.0 FORMAT
Firm must submit (1) original, four (4) copies and one (1) USB drive of the Proposal. Be sure that
the individual signing the Proposal is authorized to commit the Consultant's organization to the
Proposal as submitted. Each page of the Proposal should state the name of the Consultant, the
RFP number, and the page number. The City reserves the right to request additional data or
material to support Proposals. All material submitted in response to the RFP will become the
property of the City.
LABEL EACH SECTION AS NUMBERED
In response to this proposal, the proposal must be in the following format and provide the
following information:
1. Title Page
Date
Name of the Firm
Contact Person (including title) authorized to represent your firm
Telephone Number
Email Address
Mailing Address
2. Table of Contents
o Include a clear identification of the material by section and by page.
3. Transmittal Letter
A letter of transmittal, signed by an authorized officer of your company, briefly stating
the Consultant’s understanding of the services to be performed and a positive
commitment to perform the services described herein. Provide the name(s) of the
person(s) who will be authorized to make representations for the Consultant, their
titles, office and E-mail addresses and telephone numbers.
4. Company Information
Name of Company (including any "Doing Business As" names)
Headquarters and local Branch Locations
Internet Web Site Address (if any)
Details of Entity Business Structure (Corporation, Partnership, LLC)
Date Founded
Headquarters address and telephone number, and local branch address and phone
number
W9
List of any outstanding litigation that would threaten the viability of the firm or the
performance of this contract
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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
Financial Stability of the Monitor along with financial statements
Email Address
Address all Minimum Qualification Requirements
5. Qualifications and Requirements
Consultants failing to meet these requirements shall be deemed non-responsive. The
Consultant shall, at the time of Proposal submittal, time of award, and throughout the
duration of the Contract, continue to meet the following Criteria as stated in the Solicitation
Documents.
Each Consultant must:
Firm must address the Minimum Qualification Requirements A – B, per Section
2.4 of RFP.
Firms must be properly registered at the time of application to practice their
profession in the State of Florida and with the appropriate State Board governing
the services offered. Proposing Firm must be incorporated through Sunbiz with a
status of “Active.
Provide an explanation of why the Consultant is the best qualified to perform the
contract and demonstrate its qualifications including an item-by-item disclosure
outlining how the firm meets or exceeds the requirements of this RFP.
Include certifications and trainings.
6. References
The Consultant must provide three (3) verifiable references from municipalities/local
government/school board agencies for projects of similar scope as outlined in this RFP. Please
ensure the contact information provided is up to date and accurate.
The information provided for the references must include:
Name of the firm for which services were/or are being provided
Name of reference (project manager)
Type of account and services provided, the year services started and, if applicable,
ended.
Phone number and updated e-mail address for reference (project manager).
7. Personnel Experience and Qualifications
Provide the following information:
a) Firm’s background, including the number of years the firm has been involved with disaster
debris monitoring; principals of the company; organization of the management team; and
the firm’s history and experience working with debris removal companies or major
subcontractor(s).
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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
b) List the name, title or position and project duties of those persons who will have a
management or senior position working with the City if awarded this contract. For each
individual, include a resume that demonstrates the person’s knowledge and
understanding of the types of services to be performed.
c) Provide documentation that demonstrates the firm’s knowledge of Federal, State, and
local laws and regulations governing this type of work and familiarity with FEMA, NRcS,
FHWA, FDOT, FDEP and other Federal, State and local regulatory agencies.
d) Description of the firm’s experience and success in filling and receiving Federal (FEMA,
FHWA, etc.) and State reimbursements for disaster recovery work.
Additionally, the proposal should specifically address:
a. Data Management platform to be used and resulting report availability
1. Sample reports
b. Other technology options and capabilities
c. Personnel provided for:
1. TDMS locations
2. Field Monitors
3. Supervisory and Administrative Support
4. Consultant’s Project Manager assigned to the City
d. Equipment owned by consultant to be used under this contract
8. Project Understanding and Technical Approach
A. Provide a concise description of the approach and process the Contractor will employ
to successfully complete the work to be performed to include mobilization,
operational plans, work procedures, processing systems and any specific staffing or
equipment resources that will be employed by the Contractor to support the needs
and objective of the City.
B. Provide a statement demonstrating an understanding of the services and support
required by this RFP. State how the Contractor will approach the project and the
methodology to be used to perform the services described in the Scope of Services.
The technical approach should also outline the following:
1. Ability to manage activation of multiple contracts
2. Methods for mobilization/demobilization
3. Operational plans and work procedures
4. Documenting and resolving damages
5. Invoicing and data management
C. Typical Debris Management Site (DMS) Safety Plan and Operational Plan: Provide a
description of the firm’s typical DMS safety plan and operational plan. Any changes
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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
to the site safety plan or operational plan must be provided to the City and are subject
to City approval. The City also reserves the right to request changes to the
Contractor(s) site safety plan or operational plan.
D. Describe Consultant’s ability to avoid and/or mitigate unforeseen problems such as
equipment failure and staffing shortages. This includes, but is not limited to ongoing
maintenance programs, availability of parts and personnel for field repairs, resources
for backup personnel and equipment, and other programs and approaches that
would allow the Contractor to meet the City’s needs and objectives in adverse
conditions.
9. Proposal form shall be signed by the contact person authorized to represent the
contractor. The Consultant must provide their pricing through the designated line items
listed on the Price Form. Proposals shall contain an acknowledgment of receipt of
all Addenda.
10. Exceptions – clearly describe any exceptions the firm may have in regards to any
requirements stated in the RFP document or associated addendums.
END OF SECTION
RFP # 23-04-02 Page 36
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSAL
SECTION 6
BID SUBMITTAL FORMS
OPENING:
Tuesday, May 16, 2023 11:00 AM
PLEASE QUOTE PRICES, LESS TAXES, FOR THE
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: City of Sunny Isles Beach
Date Issued:
04/24/2023
This Bid Submittal Consists of
Pages 40+
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP 23-04-02
Disaster Debris Monitoring Services & Financial Recovery Assistance
Procurement Agent: Firm Name:
Genesis Cuevas
________________________________________
RETURN ONE USB, ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND
AFFIDAVITS
FAILURE TO SIGN PAGE 37 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
RFP # 23-04-02 Page 37
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS
BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER: _________________________________
RFP # 23-04-02 Page 38
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
BID SUBMITTAL FORM
Bid Title: Disaster Debris Monitoring Services & Financial Recovery Assistance
The undersigned Consultant proposes and agree, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Consultants accept all of the terms and conditions of the Advertisement and Instructions to Consultants,
including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject
to acceptance for 90 days after the day of Bid opening. The Consultants agrees to sign and submit the
Agreement with the Bonds and other documents required by the Bidding Requirements within ten days
after the date of the City’s Notice of Award.
In submitting this Bid, the Consultant represents, as more fully set forth in the Agreement, that:
The Consultant has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
The Consultant has studied carefully all specifications and requirements.
The Consultant has given the City written notice of all conflicts, errors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Consultant.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; the Consultant has
not directly or indirectly induced or solicited any other Consultants to submit a
false or sham Bid; the Consultant has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Consultant has not sought by collusion to
obtain for itself any advantage over any other Consultants or over the City.
The City and the successful Consultant will establish completion times for each individual Work Item and
the successful Consultant agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
RFP # 23-04-02 Page 39
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*By signing this document the Proposer agrees to all Terms & Condition
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title: _________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONSULTANT
TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION
WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE
PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT
ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS
THE CONSULTANT TO THE TERMS OF ITS OFFER.
RFP # 23-04-02 Page 40
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 7
QUALIFICATION STATEMENT
Check one:
Submitted By: Corporation
Name: Partnership
Address: Individual
City, State, Zip Other
Telephone No.
Fax No.
1. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Proposal. Please attach certificate of competency and/or state
registration.
2. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
3. State the name of the individual who will have personal supervision of the work:
5. References for which your firm has provided or has an active contract for Disaster
Debris Monitoring Services within the past five (5) years:
Agency Name:
Contact Name:
Phone No.:
Email:
Contract Term date:
Agency Name:
Contact Name:
Phone No.:
Email:
RFP # 23-04-02 Page 41
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Contract Term date:
Agency Name:
Contact Name:
Phone No.:
Email:
Contract Term date:
6. State the name of independent debris removal contractors that your firm has successfully monitored
debris hauling with in the past:
7. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms. If subcontracts are to be let, which affirmative steps, according to §200.321
will you take to meet the steps in paragraphs (b)(1) through (5) of this section.
RFP # 23-04-02 Page 42
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENTS
RFP # 23-04-02 Page 43
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT A – PRICE PROPOSAL
Consultant shall complete all sections of the following price sheet. The hourly rate must include all costs
associated with the performance of the contract as a result of this RFP. The pricing below must include
overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone, cameras, GPS
devices and all other materials, items and miscellaneous expenses. Proposers may offer other required
positions as necessary with the written approval of the City’s Project Manager.
ITEM # POSITIONS HOURLY RATE
1. Project Manager $
2. Field Supervisor $
3. Field Monitor $
4. TDMS Monitor /Tower Monitor $
5. Debris Site Security $
6. GIS Specialist $
7. Billing Invoice (Load Ticket Data Entry) $
8. Data Manager $
9. FEMA Reimbursement Manager $
10. OTHER POSITION: STATE HERE: $
11. OTHER POSITION: STATE HERE: $
1.12 Aerial Photo Package (5 Photos per Flight,
different locations)
$
1.13 Photograph Copies (Duplicate of Original
Approved Photo)
$
1.14 Additional Photographs (per photo, same flight,
same location, different view)
$
1.15 Additional location (one photo, same flight,
different location)
$
Authorized Signatory: _______________________________________________
Executed by: ______________________________________________________
RFP # 23-04-02 Page 47
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT E
Public Assistance Debris Monitoring Guide
Link:https://www.fema.gov/sites/default/files/documents/fema_debris-monitoring-guide_sop_3-01-
2021.pdf
RFP # 23-04-02 Page 44
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT B - MAP
RFP # 23-04-02 Page 45
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT C – PRE-AUTHORIZED SITE
Sent via email to: kpein@sibfl.net
Date: March 13, 2023
SUSAN SIMPSON
18070 COLLINS AVENUE
SUNNY ISLES BEACH FL 33160
RE: 2023 - Pre-Authorization for Disaster Debris Management Sites (DDMS)
Dear SUSAN SIMPSON
This is to notify you that on March 13, 2023, the Department of Environmental Protection (the Department)
received your request for pre-authorization of a disaster debris management site(s) (DDMS) for 2023.
Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris.
The Department has evaluated your request for a DDMS at the following location(s):
: GATEWAY PARK-104889Site Name
: 151 SUNNY ISLES BLVD CITY OF SUNNY ISLES BEACHSite Address
Sunny Isles Beach, FL, 33160
: Construction & Demolition Debris, Yard Trash, MixedWaste Planned for Management
: Susan SimpsonOn-Site Contact
(305) 792-1800, ssimpson@sibfl.net
: Danielle Jimenez, (305)372-6509, danielle.jimenez@miamidade.govDEP/Local Program Contact
Unless you receive a subsequent notification from the Department concerning the status of these sites, you
may consider them pre-authorized as disaster debris management sites.
In the event of a major storm event or other disaster which results in the Department issuing an Emergency
Final Order (the Order) for your county, you may begin using a temporary DDMS as necessary, while also
requesting issuance of a field authorization from the Department. Once activated, a DDMS is subject to the
following conditions, in addition to the requirements of the Order and Florida Statute 403.7071:
1) The Department must be notified when the site is opened and begins accepting debris, and when
the site is closed and all debris has been removed;
2) Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process
disaster debris;
3) Access must be controlled to prevent unauthorized dumping and scavenging;
4) A DDMS must have spotters to correctly identify and segregate waste types for appropriate
management;
5) Once the site is open, a spotter must be located in the area where the waste is being deposited in order to
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
FLORIDA DEPARTMENT OF
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
spot and remove prohibited waste items;
6) A DDMS is limited to managing the waste identified above for each site; any putrescible waste received
at the DDMS must be removed within 48 hours, and all other types of prohibited waste should be managed
in accordance with the guidance document (see link below);
7) Unless otherwise approved by the Department in response to a written request from you, the DDMS
must cease operation and all disaster debris must be removed from the sites on or before the expiration date
of an Order that has been executed by the Department, unless it is modified or extended by further
authorization.
Failure to comply with the conditions of the field authorization, or failure to adequately close a site by the
required closure date, may result in enforcement action by the Department.
The Department has also prepared a guidance document on the establishment, operation, and closure of a
DDMS for disaster debris. This guidance document includes recommended practices, which you are
expected to follow as much as practicable, as well as additional requirements from the Order. A copy of
this guidance document is available on the DEP website
https://floridadep.gov/waste/permitting-compliance-assistance/documents/guidance-establishment-operation-and-closure
This guidance is not a substitute for federal requirements and guidance, including those from the Federal
Emergency Management Agency (FEMA).
RFP # 23-04-02 Page 46
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT D – APPENDIX II PART 200
Title 2 - Grants and Agreements
Subtitle A - Office of Management and Budget Guidance for Grants and Agreements
Chapter II - Office of Management and Budget Guidance
Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
Source:85 FR 49543, Aug. 13, 2020, unless otherwise noted.
Source:85 FR 49539, Aug. 13, 2020, unless otherwise noted.
Authority:31 U.S.C. 503
Source:78 FR 78608, Dec. 26, 2013, unless otherwise noted.
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
This content is from the eCFR and is authoritative but unofficial.
(A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
(B)All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
(C)Equal Employment Oppor tunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the
equal oppor tunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319,12935,3 CFR Part,1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Depar tment of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
Appendix II to Part 200, Title 2 (up to date as of 3/02/2023)
Contract Provisions for Non-Federal Entity Contracts Under Fe...Appendix II to Part 200, Title 2
2 CFR Appendix-II-to-Part-200(D) (enhanced display)page 1 of 3
3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any par t of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or ar ticles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
“funding agreement” under 37 CFR § 401.2 (a)and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding
agency.
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
(H)Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR par t 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as par ties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier cer tifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
Appendix II to Part 200, Title 2 (up to date as of 3/02/2023)
Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(E)
2 CFR Appendix-II-to-Part-200(I) (enhanced display)page 2 of 3
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014;85 FR 49577, Aug. 13, 2020]
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
(J)See § 200.323.
(K)See § 200.216.
(L)See § 200.322.
Appendix II to Part 200, Title 2 (up to date as of 3/02/2023)
Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(J)
2 CFR Appendix-II-to-Part-200(L) (enhanced display)page 3 of 3
RFP # 23-04-02 Page 48
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT F
FEDERAL AID REQUIREMENTS FHWA 1273
1
FHWA-1273 -- Revised July 5, 2022
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.General
II.Nondiscrimination
III.Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII.False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X.Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI.Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
3
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
4
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
5
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
(e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
6
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
7
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph 1 of this section, in the sum currently provided in 29
CFR 5.5(b)(2)* for each calendar day on which such individual
was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph 1 of this
section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may
be adjusted annually by the Department of Labor; pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990).
8
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2 of this section.
29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraphs 1
through 4 of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1 through 4 of this
section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
9
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
10
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
11
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2
CFR 180.355;
(b) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
12
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
13
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
RFP # 23-04-02 Page 49
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENT G –
FEDERAL PROVISION COMPLIANCE
1
This Exhibit is hereby incorporated by reference into the main solicitation.
FEDERAL PROVISION RELATED TO GRANT FUNDS THAT MAY BE USED TO FUND THE SERVICES
AND GOODS UNDER THIS SOLICATION
This solicitation is or may become fully or partially Federally Grant funded. To the
extent applicable, in accordance with Federal law, proposers shall comply with the
clauses as enumerated below. Proposer shall adhere to any and all other applicable
Federal Laws. Including, but not limited to, those set forth below, as well as those listed
below, which are incorporated herein by reference:
a.2 CFR. 25.110
b.2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000
c.Executive Orders 12549 and 12689
d.41 CFR s. 60-1(a) and (d)
e.Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary
limitations
These cited regulations are hereby incorporated and made part of this Solicitation as if fully set
forth herein. As stated above, this list is not all inclusive, any other requirement of law applicable
in accordance with the Federal, State or grant requirements are also applicable and hereby
incorporated into this Solicitation. If Proposer cannot adhere to or objects to any of the
applicable federal requirements, Proposers proposal may be deemed by the City as unresponsive.
The provisions in this exhibit are supplemental and in addition to all other provisions within the
Procurement. In the event of any conflict between the terms and conditions of this Attachment
and the terms and conditions of the remainder of the Procurement, the conflicting terms and
conditions of this Exhibit shall prevail. However, in the event of any conflict between the terms
and conditions of this Exhibit and the terms and conditions of any federal grant funding
document provided specific to the funds being used to contract services or goods under this
Procurement the conflicting terms and conditions of that document shall prevail.
Drug Free Workplace Requirements (Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
2 CFR § 182): To the extent applicable, proposer must comply with Federal Drug Free workplace
requirements as Drug Free Workplace Act of 1988.
Conflict of Interest (2 CFR § 200.112): The proposer must disclose in writing any potential conflict
of interest to the City or pass-through entity in accordance with applicable Federal, County
and/or City policies.
Mandatory Disclosures (31 U.S.C. §§ 3799 – 3733): Proposer acknowledges that 31 U.S.C.
Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Proposer’s
actions pertaining to this solicitation. The Proposer must disclose in writing all violations of
Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award.
Utilization of Minority and Women Firms (M/WBE) (2 CFR § 200.321): The Proposer must take
all necessary affirmative steps to assure that minority businesses, women’s business enterprises,
and labor surplus area firms are used when possible, in accordance with 2CFR 200.321. If
2
subcontracts are to be let, prime proposer will require compliance by all sub-contractors. Prior
to contract award, the proposer shall document efforts to utilize M/WBE firms including what
firms were solicited as suppliers and/or subcontractors as applicable and submit this information
with their bid submittal. Information regarding certified M/WBE firms can be obtained from:
Florida Department of Management Services (Office of Supplier Diversity)
Florida Department of Transportation
Minority Business Development Center in most large cities and
Local Government M/DBE programs in many large counties and cities
Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR
§ 61-4.3; Executive Order 11246 as amended by Executive Order 11375): During the
performance of this Contract, the proposer agrees as follows: (1) The Proposer will not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, or national origin. The Proposer will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Proposer agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause; (2) The Proposer will, in all
solicitations or advertisements for employees placed by or on behalf of the Proposer, state that
all qualified applicants will receive considerations for employment without regard to race, color,
religion, sex, or national origin; (3) The Proposer will send to each labor union or representative
of workers with which it has a collective bargaining Contract or other contract or understanding,
a notice to be provided advising the said labor union or workers’ representatives of the
Proposer’s commitments under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment; (4) The Proposer will comply with
all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor; (5) The Proposer will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.; (6) In the event of the Proposer’s
noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in
part and the Proposer may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.; (7) Proposer will include the portion of
the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The Proposer
will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
3
noncompliance: Provided, however, that in the event a Proposer becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Proposer may request the United States to enter into such litigation to
protect the interests of the United States.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (EXECUTIVE ORDER 11246).
SEE EXHIBIT H TO THE ITB FOR THE COMPLETE NOTICE
Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5): If
applicable to this solicitation, the proposer agrees to comply with all provisions of the Davis
Bacon Act as amended (40 U.S.C. 3141-3148). Proposers are required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. If the grant award contains Davis Bacon provisions, the City will place a copy
of the current prevailing wage determination issued by the Department of Labor in the
solicitation document. The decision to award a contract shall be conditioned upon the
acceptance of the wage determination.
Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3): If applicable
to this Solicitation, proposer shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C.
§ 3145, 29 CFR Part 3 which are incorporated by reference to this solicitation. Proposers are
prohibited from inducing by any means any person employed in the construction, completion or
repair of public work to give up any part of the compensation to which he or she is otherwise
entitled.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708 as supplemented by 29
CFR Part 5): All contracts awarded in excess of $100,000 that involve the employment of
mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
is required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251–1387, as amended): Proposer agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Debarment and Suspension (2 CFR part 180, Executive Orders 12549 and 12689): Proposer
certifies that it and its principals, if applicable, are not presently debarred or suspended by any
4
Federal department or agency from participating in this transaction. Proposer now agrees to
verify, to the extent applicable that for each lower tier subcontractor that exceeds $25,000 as a
“covered transaction” under the Services to be provided is not presently disbarred or otherwise
disqualified from participating in the federally assisted services. The proposer agrees to
accomplish this verification by: (1) Checking the System for Award Management at website:
http://www.sam.gov; (2) Collecting a certification statement similar to the Certification of
Offeror /Bidder Regarding Debarment, herein; (3) Inserting a clause or condition in the covered
transaction with the lower tier contract.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Proposer must file the required certification,
attached to the procurement. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award. The contractor
shall certify compliance.
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401): Please contact
the City for further information related to the applicable standard patent rights clauses.
Procurement of Recovered Materials (2 CRF 200.323 and 40 CFR Part 247): Proposer must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
Access to Records and Reports: Proposer will make available to the City’s granting agency, the
granting agency’s Office of Inspector General, the Government Accountability Office, the
Comptroller General of the United States, State of Florida, the City, or any of their duly authorized
representatives any books, documents, papers or other records, including electronic records, of
the contractor that are pertinent to the City’s grant award, in order to make audits,
investigations, examinations, excerpts, transcripts, and copies of such documents. The right also
includes timely and reasonable access to the contractor’s personnel during normal business
hours for the purpose of interview and discussion related to such documents. This right of access
shall continue as long as records are retained.
Record Retention (2 CFR § 200.33): Proposer will retain of all required records pertinent to this
contract for a period of three years, beginning on a date as described in 2 C.F.R. §200.333 and
retained in compliance with 2 C.F.R. §200.333.
5
Federal Changes: Proposer shall comply with all applicable Federal agency regulations, policies,
procedures and directives, including without limitation those listed directly or by reference, as
they may be amended or promulgated from time to time during the term of any awarded
contract.
Termination for Default (Breach or Cause): If Contractor does not deliver supplies in accordance
with the contract delivery schedule, or, if the contract is for services, the Contractor fails to
perform in the manner called for in the contract, or if the Contractor fails to comply with any
other provisions of the contract, the
City may terminate the contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
Termination for Convenience: Any Awarded Contract may be terminated by the City in whole or
in part at any time, upon ten (10) days written notice. If the Contract is terminated before
performance is completed, the Contractor shall be paid only for that work satisfactorily
performed for which costs can be substantiated.
Safeguarding Personal Identifiable Information (2 CFR § 200.82): Proposers will take reasonable
measures to safeguard protected personally identifiable information and other information
designated as sensitive by the awarding agency or is considered sensitive consistent with
applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality.
Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part 200): The City
will not award contracts containing Federal funding on a cost-plus percentage of cost basis.
Energy Policy and Conservation Act (43 U.S.C. § 6201 and 2 CFR Part 200 Appendix II (H):
Proposer shall comply with mandatory standards and policies relating to energy efficiency,
stating in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended
at 60 FR 19639, 19645, Apr. 19, 1995].
Proposer will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Proposer from (1)
engaging in severe forms of trafficking in persons during the period of time that the resulting
contract is in effect; (2) procuring a commercial sex act during the period of time that the
resulting contract is in effect; or (3) using forced labor in the performance of the contracted
services under a resulting contract. A resulting contract may be unilaterally terminated
immediately by the City for Consultant’s violating this provision, without penalty.
Domestic Preference For Procurements (2 CFR § 200.322): As appropriate and to the extent
consistent with law, to the greatest extent practicable when using federal funds for the services
provided in a resulting contract, shall provide a preference for the purchase, acquisition, or use
of goods and products or materials produced in the United States.
Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive
Order 14005): All iron, steel, manufactured products and construction materials used under a
6
federally grant funded project must be produced in the United States. Additional requirements
may apply depending on the Federal Granting Agency provisions, please check with the City for
further details. Proposers shall be required to submit a completed Buy America Certificate with
this procurement, an incomplete certificate may deem the proposers submittal non-responsive.
Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2
CFR § 200.216): Proposer and any subcontractors are prohibited to obligate or spend grant funds
to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or (3) enter into
a contract to procure or obtain equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Pub. L. 115-232, section
889, covered telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). ii. Telecommunications or video surveillance services provided by such
entities or using such equipment. iii. Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise, connected to the
government of a covered foreign country.
Enhanced Whistleblower Protections (41 U.S.C. § 4712): An employee of Proposer and/or its
subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2) information that the
employee reasonably believes is evidence of gross mismanagement of a Federal contract or
grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a Federal contract (including the competition for or negotiation of a contract) or grant.
Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170):
In accordance with FFATA, the Proposer shall, upon request, provide the City the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the
preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards,
received $25,000,000 or more in annual gross revenues from federal awards, and if the public
does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 or section 6104 of the Internal Revenue Code of 1986.
Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter
National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix
XII)): The Proposer shall update the information in the Federal Awardee Performance and
Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of this contract,
by posting the required information in the System for Award Management via
https://www.sam.gov.
7
Never Contract With The Enemy (2 CFR Part 183): Applicability: only to grant and cooperative
agreements in excess of $50,000 performed outside of the United States, Including U.S.
territories and are in support of a contingency operation in which members of the Armed Forces
are actively engaged in hostilities. Requirement: Proposer must exercise due diligence to ensure
that none of the funds, including supplies and services, received are provided directly or indirectly
(including through subawards or contracts) to a person or entity who is actively opposing the
United States or coalition forces involved in a contingency operation in which members of the
Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR
180.300 prior to issuing a subcontract.
Federal Agency Seals, Logos and Flags: The Proposer shall not use any Federal Agency seal(s),
logos, crests, or reproductions of flags or likenesses of any federal agency officials without
specific federal agency pre-approval.
No Obligation by Federal Government: The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any
other party pertaining to any matter resulting from a resulting contract.
The _________________________________________[insert name of the signator] on
behalf of _________________________________ the Proposer is authorized to sign below and
confirm the proposer is fully able to comply with these requirements, federal terms and
conditions and has on made any inquiries and further examination of the law and requirements
as is necessary to comply.
DATE: SIGNATURE:
COMPANY: NAME:
ADDRESS: TITLE:
E-MAIL:
PHONE
NO.: