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City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 1
Request for Proposals
DISASTER DEBRIS MANAGEMENT AND DISPOSAL
SERVICES
REQUEST FOR PROPOSALS 18-04-02
Advertisement Date: Wednesday, April 25, 2018
All Questions Due: Friday, May 4, 2018 by 5:00 PM
Submission due date: Thursday, May 10, 2018 at 2:30 PM
Submit to:
Attn: City Clerk
Sunny Isles Beach Government
Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 2
TABLE OF CONTENTS
Table of Contents Page 2
Legal Advertisement/Notice to Bidder Page 3
Instructions to Bidder / General Terms Section 1 Page 4
Special Terms & Conditions Section 2 Page 10
Scope of Work / Technical Specifications Section 3 Page 20
Evaluation Process Section 4 Page 37
Proposal Format Section 5 Page 40
Bid Submittal Form Section 6 Page 44
Attachments
Attachment A – Price Proposal
Attachment B – Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
Affidavits with Bond
Non-Collusive Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Bid Bond
Performance Bond
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 3
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 MANAGEMENT AND DISPOSAL SERVICES
RFP No. 18-04-02
The Bid Specifications for this Request for Proposal are available from DemandStar by calling (800) 711 -
1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined
at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from
sources other than DemandStar, Bidsync or the City of Sunny Isles Beach are cautioned that their Bid
response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least
five days prior to the submittal date to all vendors who are listed on the official list.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 2:30 PM, on Thursday, May 10, 2018 at the Sunny Isles Beach Government
Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after
this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will
be opened publicly and read aloud at this time.
The envelope containing the Sealed Proposal must be clearly marked:
“SEALED PROPOSAL ENCLOSED No. 18-04-02 DISASTER DEBRIS MANAGEMENT
AND DISPOSAL SERVICES”
OPENING DATE AND TIME: Thursday, May 10, 2018 at 2:30 PM
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.
All questions regarding Request for Proposals 18-04-02 shall be directed in writing to Mauricio Betancur, CMC,
City Clerk, at least seven (7) business days prior to the date of the Bid opening. Questions may be submitted via
email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC,
City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 4
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 Bid Specifications or any required need
for clarification must be made to Mauricio Betancur, CMC, City Clerk
via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563
or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160. Such requests for clarification/explanation or questions must
be made in writing to Mauricio Betancur, CMC, City Clerk, at least
five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City will
be issued by addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations
or clarifications shall be without legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Bidders 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
Contractors (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
Contractors prior to the opening must be initialed and dated by the
Contractors. 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:
Contractors 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 Contractors 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 Contractors 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
Contractors facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Contractors, 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 Contractor’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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 5
their decisions to reject, award, or not award a Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Contractors to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
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 Contractors 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 Contractors 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
Contractors free of charge to the City. Each individual sample must
be labeled with the Contractors name and manufacturer's brand
name and delivered by them within ten (10) calendar days of
Contractors 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 Contractors 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 Contractors 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 Contractors 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:
Contractors 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:
Contractors shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Contractors shall be liable for any damages or loss to
the City occasioned by negligence of the Contractors (or their agent)
or any person the Contractors 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-
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 6
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:
Contractors 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 Contractors 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 Contractors 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
Contractors, 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 Contractors hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for 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 Contractors, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Contractors 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 Contractors submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Contractors: 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 Contractors, 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.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 7
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 Contractors stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
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 Contractor 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 Contractor’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 Contractor 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 Contractors 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 Contractors a
Contract for execution within ninety (90) days after opening of Bids.
The City specifically reserves the right to award the contract to a
Contractor who is not necessarily the lowest dollars and cents
Contractors 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 8
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if they disregard the authority of
the City, of if they otherwise violate any provision of, the Contract
Documents, then the City may, without prejudice to any other right
or remedy and after giving the Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause 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:
Contractors 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 9
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 Contractor 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 10
Section 2
Special Terms and Conditions
2.1 PURPOSE
The City of Sunny Isles Beach, Florida (the “City”) a municipality located on a barrier island in
Northeast Miami-Dade County, is seeking qualified, experienced and licensed firm(s) hereinafter
referred to as the Contractor or Debris Management Contractor (the “DMC”) to remove, process,
and lawfully dispose of disaster generated de bris from public property and public rights-of-way in
response to a disaster and emergency event. Such events include but is not limited to, hurricanes,
tornadoes, windstorms, floods, and fires or manmade disaster(s) such as civil unrest and terrorist
attacks. Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, supervision and all other services to rapidly respond to volumes of wide scale debris.
It is the intent of the City to award contracts to a Primary and a Secondary Contractor for these
services in order to insure adequate resources at the time of an event. The City retains the right
to obtain similar services from additional contractors. There is no guarantee any task order will be
issued under the awarded agreement, task orders will be executed in the event of a declared
emergency.
The successful firm must adhere to all requirements and regulations established by the Federal
Emergency Management Agency FEMA, the Federal Highway Administration (FHWA), Flor ida
Department of Transportation (FDOT), Florida Department of Environmental Protection (DEP), the
Stafford Act and any other governmental agency with jurisdiction over response and recovery
actions, including the City’s requirements. The selected firm will be responsible for staying current
with all FEMA and other agencies guidelines and regulations.
The Contractor shall have an understanding of the documentation involved for the reimbursement
from FEMA, or other Federal Agencies, and the State relief programs to make the process of cost
recovery efficient and accurate. This Proposal is being solicited in accordance with the Procurement
Requirements for Federal grants, as provided for in Title 2 Code of Federal Regulations (CFR) Part
200 as detailed in Exhibit A, incorporated herein in order to be eligible for reimbursement under
the Federal Public Assistance Program.
For the purpose of this RFP and solely for the purpose of standardizing the contents of all
submittals, the contractor shall use a planning figure of 5,000 cubic yards of debris as the initial
volume estimate for post-disaster debris removal and disposal operations. Contractor submittals
must also address, though in less detail, how the Contractor would address larger and smaller
volumes of debris. The City's goal is to complete the debris removal and disposal process in less
than 10 days. This assumes that the entire area of the City will be accessible within that period.
2.2 TERM AND RENEWALS
This contract will commence upon execution by both parties which shall be the effective date
succeeding approval of the contract by the City Commission, or City Manager, unless otherwise
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 11
stipulated in the Notice of Award letter; and contingent upon the completion and submittal of all
required proposal documents. The successful contractor 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 DMC shall
continue the service upon the request of the City. The extension period shall not extend for more
than ninety (90) days beyond the expiration date of the existing contract. The successful Contractor
shall be compensated for the service at the rate(s) in effect when the City invokes this extension
clause.
2.3 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 Contractor. Prices quoted shall be firm for the initial
contract term of three 3 years. Upon contract renewal, the City may consider an adjustment to
price based on changes in the following pricing index: Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W): Miami-Fort Lauderdale, FL. It is the Bidder’s responsibility
to request any pricing adjustment under this provision, which shall not exceed 3%. For any
adjustment to commence on the first day of any exercised option period, the Bidder’s request for
adjustment shall be submitted no later than ninety (90) days prior to expiration of the then current
contract term. In no event will the price be increased or decreased by a percentage greater than
the percentage change reflected in the C.P.I. as published by the U.S. Department of Labor. If no
adjustment request is received from the Bidder, the City will assume that the Bidder has agreed
the optional term may be exercised without pricing adjustment. Any adjustment request received
after the commencement of a new option period may not be considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on market
research information or other factors that influence price. The City reserves the right to a pply any
reduction in pricing for the additional term(s) based on the downward movement of the applicable
index. The City reserves the right to reject any price adjustments submitted by the Bidder and/or
to not exercise any otherwise available option period based on the proposed price adjustments.
Any continuation of the contract beyond the initial period, and any option subsequently exercised
shall be at the sole discretion of the City, and not a right of the Bidder. Renewals shall be exercised
only when such continuation is clearly in the best interest of the City.
2.4 INVOICING/PAYMENT
Payment will be made only after receipt and acceptance of materials/services. Invoice format
and documentation should be acceptable for FEMA reimbursement. The City will not pay
and/or reimburse any additional costs including, but not limited to, travel, mileage, lodging,
meals, and other travel and subsistence expenses. Price proposal shall be inclusive of all such
expenses. 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 Contractor.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 12
2.5 MULTIPLE AWARD
The City may award multiple Bidders (primary or secondary) as available, by line item, by group,
or in its entirety. The City will endeavor to utilize Bidders in order of award. It is the intent of the
City to award a Primary and a Secondary Contractor for services to be provided to the City under
this proposal. The Primary Contractor shall be the initial firm mobilized by the City. The Secondary
Contractor will be utilized in instances where the scope of the event merits additional resources to
assist the Primary Contractor, or if the Primary Contractor has defaulted its contract. However, the
City may utilize other Bidders in the event that: 1) a contract Bidder is not or is unable to be in
compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do
so regardless of reason. The City reserves the right to reject any or all proposals prior to award.
2.6 NOTICE TO PROCEED
The City shall issue an official Notice to Proceed for 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 Contractor(s). The Contractor(s) must acknowledge receipt of
the written Notice to Proceed. The Contractor shall begin preparation for mobilization immediately
after receiving the Notice to Proceed and be fully operational within forty eight (48) hours. If
emergency road clearance is needed, Contractor shall have crews working within twenty-four (24)
hours. The City may issue a Notice to proceed twenty-four (24) to forty-eight (48) hours prior to a
storm event depending upon the magnitude of the event in order to allow sufficient time to prepare
for commencement of operations.
2.7 BID BOND
Contractors must submit their original bid security (bid bond) at time of the bid. Required Proposal
Security:
a. Each Proposal must be accompanied by Proposal Security made payable to the City of Sunny
Isles Beach, in the amount of five thousand dollars ($5,000) Bid Bond issued by a licensed Surety
having a registered agent in the State of Florida. Personal or business checks are not acceptable
unless such checks are certified.
b. Contractors must submit a scanned copy of their bid security (bid bond form or cashier’s check)
with their bid copy.
c. Contractors must submit their original bid security (bid bond) at time of the bid due date, or
they will be determined as non-responsive. The original Bid Bond shall be in a sealed envelope and
attached within the response package submitted by the RFP deadline.
d. The Proposal Security of the successful Contractor will be retained until such Contractor has
executed the agreement, whereupon the Proposal Security will be returned. If the successful
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 13
Contractor fails to furnish the qualifications submittals or fails to execute and deliver the agreement
within thirty (30) days of the Notice of Award, the City may annul the Notice of Award and the
Proposal Security of that Contractor will be forfeited.
2.8 PERFORMANCE AND PAYMENT BOND
This is a Standby / Pre-Event Agreement. Upon activation of this Agreement by the City, the
DMC will be required to provide the City with a Performance and Payment Bond in the amount of
100% of the contract/ Purchase Order value, whichever is greater. Upon activation of a task order
by the City, the Contractor will be required to provide Performance and Payment Bonds within
three (3) calendar days of a written ‘Notice to Proceed’ by the City. Once activated, the Payment
and Performance Bonds shall be in force for a period of not less than one (1) year from the date
of original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety
company authorized to do business in the State of Florida with an A .M. Best rating of “A-“
(Excellent) or better, which bond shall be conditioned upon the successful completion of all work,
labor, services, materials to be provided and furnished, and the payment of all subcontractors,
materials and laborers. If the value of the contracted work increases, the Contractor shall be
required to provide an updated Performance and Payment Bond in an amount equal to the new
value.
Contractors must include with their proposal response, a letter from their bonding
company / surety that guarantees that the proposing firm will be able to provide
Performance and Payment Bonds at the time of an event. Contractors shall factor the
annual cost of a Performance and Payment Bond into their administrative costs wh en responding
to this proposal. The City will not waive this requirement.
2.9 INSURANCE REQUIREMENTS
The Contractor, and its subcontractors, assignees and suppliers, at its own expense, shall keep in
force and at all times maintain during the term of this Agreement:
2.9.1 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 14
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and Property
Damage Liability.
o Professional Liability (Errors and Omissions)
2.9.2 Business Automobile Liability
Business Automobile Liability with minimum limits of One Mill ion 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 f iled by
the Insurance Services Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers’ Non-Ownership.
Before the contract period commences, the successful Contractor will file and make sure
that all certificates of insurance required by this document and by the Contract are in the
City’s possession. These certificates shall contain a provision that the coverage afforded
under the policies will not be canceled or materially changed until at leas t 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.
2.9.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred
Thousand and 00/100 dollars ($100,000.00) per accident. Contractor agrees to be responsible
for the employment, conduct and control of its employees and for any injury sustained by
such employees in the course of their employment.
2.9.4 Cancellation and Re-Insurance:
If any insurance should be canceled or changed by the insurance company or should any
insurance expire during the period of this contract, the successful Contractor shall be
responsible for securing other acceptable insurance to provide the coverage specified in
this section to maintain coverage during the life of this Contract. All deductibles must be
declared by the successful Contractor and 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.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 15
2.10 DELIVERY
Any item requiring delivery shall be delivered F.O.B. destination to a specific City address. All
delivery costs and charges must be included in the bid price. If delivery of an item is required,
the City reserves the right to cancel the delivery order(s) or any part thereof, without obligation
if delivery is not made at the time specified in the proposal.
2.11 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Contractor shall comply with all federal, state and local ordinances, regulations, and
rules as well as any other laws that would apply to the proposed project. Such Contractor costs
associated with regulatory requirements shall be included in the project cost whether depicted
specifically or not within the body of the proposal.
2.12 COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this
contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as the FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
2.13 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321)
If your firm is 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;
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 16
(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 perm its, which encourage participation
by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (1) through (5) of this section.
2.14 SAFETY STANDARDS
The Contractor(s) 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. It will be the sole responsibility of the Contractor to make themselves and their
employees fully aware of these provisions, especially those applicable to safety. Contractor(s)
will identify any possible health/safety risks during debris monitoring and collecting activities
and immediately address any deficiencies. This includes appropriate use of Per sonal
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.
1. The Contractor shall be solely responsible for pedestrian and vehicular safety and control within
the assigned workspace and shall provide the necessary warning devices, barricades, and other
devices necessary to meet federal and local requirements. At a minimum, one flag pe rson shall be
posted at each loading site to direct traffic.
2. Closure or blocking of public streets and other rights-of-way shall not be permitted unless prior
arrangements have been made with the Contract Manager and is coordinated with appropriate
departments. Traffic control is the responsibility of the Contractor and shall be accomplished in
conformance with local traffic codes.
3. Contractor shall be responsible for traffic control, dust control, erosion control, fire protection,
on-site roadway maintenance, and safety measures at the temporary debris staging sites. The
Contractor shall comply with all federal, state, and local safety regulations.
4. The traffic control personnel and equipment shall be in addition to the personnel and equipment
required for debris removal and hauling.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 17
5. The Contractor shall erect proper barricades, signs, and warning devices as necessary, for
sidewalk and traffic closure/control when doing on-street grinding or debris removal.
6. Any use of tools or equipment in an unsafe condition or manner or application of techniques or
methods defined to be unsafe to life or property is strictly forbidden.
2.15 STORAGE OF MATERIALS
The Consultant must provide for own storage of material and equipment, if needed. No on -site
storage is permitted at the work area or other public areas; unless, it is pre-approved by the City.
2.16 PERFORMANCE
Failure on the part of the DMC 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 Proposal, 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.
2.17 TERMINATION FOR CAUSE AND BREACH
Default by Contractor: In addition to all other remedies available to the City, this Agreement shall
be subject to cancellation by the City should the Contractor neglect or fail to perform or observe
any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue immediately after written notice to cure.
2.17.1 CAUSE OF BREACH
An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting the
generality of the foregoing and in addition to those instances referred to herein as a breach , an
Event of Default, shall include the following:
a. The Contractor has not delivered Deliverables on a timely basis;
b. The Contractor has refused or failed, except in any case for which an extension of time in
writing by the City is provided, to supply enough properly skilled staff personnel;
c. The Contractor has failed to make prompt payment to subcontractors or suppliers for any
Services;
d. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or
has assigned the proceeds received for the benefit of the Contractor's c reditors, or the
Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the
Contractor's affairs have been put in the hands of a receiver;
e. The Contractor has failed to obtain the approval of the City where required by the Agr eement;
f. The Contractor has failed in the representation of any warranties stated herein; or
g. Failure to mobilize or correct deficiencies for which contractor has been notified in writing.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 18
2.18 TERMINATION FOR CONVENIENCE OF CITY
This agreement may be terminated immediately by the City without cause upon written notice to
the Contractor. In the event of such a termination without cause, the Contractor shall be
compensated for all services performed to the City’s satisfaction and prior to termination. Upon
receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue
all work and, to the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portion of the Contract, shall
refrain from placing further orders and/or contracting with subcontractors, and shall complete
any continued portions of the work.
2.19 SUBCONTRACTORS
If the Contractor proposes to use subcontractors in the course of providing these services to the
City, this information shall be a part of the bid response. Such information shall be subject to
review, acceptance and approval of the City, prior to any contract award. The City reserves the
right to approve or disapprove of any subcontractor candidate in its best interest and to require
Contractor to replace subcontractor with one that meets City approval.
Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms
and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s
subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non -performance
and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s
expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold
harmless the City and the City’s officers, employees, and agents from a nd against any claim,
lawsuit, third party action, or judgment, including any award of attorney fees and any award of
costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the
City.
In its proposal to the City, the Contractor will provide information as to what percentage of work
described herein will be subcontracted.
2.20 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Damage to public and/or private property shall be the responsibility of the Debris Management
Contractor (DMC) and shall be repaired and/or replaced at no additional cost to the City. This
includes any properties used as Temporary Debris Management Sites (TDMS). All items damaged
as a result of Contractor(s) or subcontractor operations, such as but not limited to, sidewalks,
curbs, pipes, drains, water mains, pavement, mail boxes, and turf shall be either repaired or
replaced by the Contractor, at their expense, in a manner prescribed by and at the sole satisfaction
of the Contract Manager. Any invoices submitted to the City such as but not limited to, from utility
companies, or landowners, which are determined to be the result of damage done by the
Contractor, shall be the responsibility of the Contractor. Repairs, or receipt of re pairs, shall be
completed and submitted to the City prior to submission of the Contractor’s invoice for work
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 19
accomplished. If the Contractor(s) fails to repair any damaged property, the City may have the
work performed and charge the Contractor(s).
2.21 E-VERIFY
Contractor acknowledges that the City may be utilizing the Contractor’s services for a project that
is funded in whole or in part by State funds pursuant to a contract between the City and a State
agency. Contractor shall be responsible for complying with the E-Verify requirements in the contract
and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment
of all new employees hired by Contractor during the Agreement term. The Contractor is also
responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City
and a State Agency, and reporting to the City any required information. Contractor acknowledge-
edges that the terms of this paragraph are material terms, the breach of any of which constitute a
default under the Agreement.
2.22 NO EXCLUSIVE CONTRACT
Contractor agrees and understands that the contract shall not be construed as an
exclusive arrangement and further agrees that the City may, at any time, secure similar or
identical services from another vendor at the City’s sole option.
2.23 PUBLIC RECORDS
IF THE SUCCESSFUL CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUCCESSFUL CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF
SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES
BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE
CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 20
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 Contractor or Debris Management Contractor (the “DMC”) to remove, process,
and lawfully dispose of disaster generated debris from public property and public rights-of-way in
response to a disaster and emergency event. Such events include but is not limited to, hurricanes,
tornadoes, windstorms, floods, and fires or manmade disaster(s) such as civil unrest and terrorist
attacks. Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, supervision and all other services to rapidly respond to volumes of wide scale debris.
It is the intent of the City to award contracts to a Primary and a Secondary Contractor for these
services in order to insure adequate resources at the time of an event. The City retains the right
to obtain similar services from additional contractors. There is no guarantee any task order will be
issued under the awarded agreement, task orders will be executed in the event of a declared
emergency.
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 (DEP), 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 agencies guidelines and regulations.
The Contractor shall have an understanding of the documentation involved for the reimbursement
from FEMA, or other Federal Agencies, and the State relief programs to make the process of cost
recovery efficient and accurate. This Proposal is being solicited in accordance with the Procurement
Requirements for Federal grants, as provided for in Title 2 Code of Federal Regulations (CFR) Part
200 as detailed in Exhibit A, incorporated herein in order to be eligible for reimbursement under
the Federal Public Assistance Program.
For the purpose of this RFP and solely for the purpose of standardizing the contents of all
submittals, the contractor shall use a planning figure of 5,000 cubic yards of debris as the initial
volume estimate for post-disaster debris removal and disposal operations. Contractor submittals
must also address, though in less detail, how the Contractor would address larger and smaller
volumes of debris. The City's goal is to complete the debris removal and disposal process in less
than 10 days. This assumes that the entire area of the City will be accessible within that period.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 21
3.1 DEFINITIONS
The term “Chipping” shall mean reducing wood related material by mechanical means into
small pieces to be used as mulch or fuel. Woody debris can be reduced in volume by
approximately 75 percent, based on data obtained during reduction operations.
The term “Clean As You Go Policy” shall mean clearing all debris from each street or work
zone on the first pass, whenever possible.
The term “Contract Manager” shall mean the City’s representative duly authorized by the City
Manager to provide direction to the DMC regarding services provided pursuant to this 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.
The term “Debris” shall mean scattered items and materials either broken, destroyed or displaced
by a natural disaster. Example: trees, construction and demolition material, personal property.
The term “Debris Clearance” shall mean the clearing the major road arteries by pushing debris
to the roadside to accommodate emergency traffic.
Debris Monitor (Or Consultant) means the successful Contractor, whether a corporation,
partnership, individual or any combination thereof, and its successors, personal representatives,
executors, administrators and assignees.
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.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 22
FEMA means the Federal Emergency Management Administration.
FFWC means the Florida Fish and Wildlife Commission.
FHWA means the Federal Highway Administration.
The term “Hazardous Waste” shall mean material and products from institutional, commercial,
recreational, industrial, and agricultural sources that contain certain chemicals with one or more
of the following characteristics, as defined by the Environmental Protection Agency:
a) Toxic
b) Flammable
c) Corrosive
d) Reactive
The term “Household Hazardous Waste” shall mean used or leftover contents of consumer
products that contain chemicals with one or more of the following characteristic as defined by the
Environmental Protection Agency:
a) Toxic
b) Flammable
c) Corrosive
d) Reactive
Examples of household hazardous waste includes small quantities of normal household cleaning
and maintenance products, latex and oil based paint, cleaning solvents, gasoline oils, swimming
pool chemicals, pesticides, propane gas cylinders.
The term “Hazardous Stump” shall mean an uprooted tree or stump (i.e., 50% or more of the
root ball is exposed) on a public right-of-way, improved public property or improved property
owned by certain private nonprofit organizations, and the exposed root ball poses an immediate
threat to life, public health and safety.
The term Project Manager means the CONTRACTOR’s representative authorized to make and
execute decisions on behalf of the CONTRACTOR.
The term “Rights-of-Way” shall mean the portions of land over which a facility, such as
highways, railroads, and power lines are built. Includes land on both sides of the highway up to
the private property line.
The term Temporary Debris Management Site (TDMS) means a location where debris is
temporarily stored, reduced, segregated, and/or processed prior to final disposal.
The term “Tipping Fee” shall mean a fee based on weight or volume of debris dumped that is
charged by landfills or other waste management facilities to cover their operating and maintenance
costs. The fee also may include amounts to cover the cost of closing the current facility and/or
opening a new facility.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 23
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 MINIMUM QUALIFICATIONS OF CONTRACTORS
1. Relevant experience and past performance in Disaster Debris Removal Services with a
minimum of five (5) years of experience in regards to the attached scope of work, service
area, and amount of debris collected.
2. Previous experience with State and Federal reimbursement programs; including, but not
limited to: of FEMA, FHWA, NRCS and any other applicable Federal or State agencie s
associated with funding of debris removal and recovery efforts.
3. Firm or principals shall have no record of judgments, pending lawsuits against the City or
criminal activities involving moral turpitude and not have any conflicts of interest that have
not been waived by the City Commission.
4. Neither Firm nor any principal, officer, or stockholder shall be in arrears or in default of
any debt or contract involving the City, (as a party to a contract, or otherwise); nor have
failed to perform faithfully on any previous contract with the City or defaulted on any other
governmental entity’s contract.
5. Contractor and those performing the work must be appropriately licensed and registered.
3.3 DEBRIS REMOVAL ACTIVITY
Debris Removal Management activities include, but are not limited to, furnishing all labor, materials
and equipment to accomplish the following types of tasks:
1. Clearing and/or removing debris from the public right-of-way, streets and roads or
privately owned property as required to secure the public safety;
2. Management and operation of storage and debris reduction sites to accept, process,
reduce, incinerate (with City approval) and dispose of event related debris;
3. Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling
and disposal;
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 24
4. Providing all permits and services necessary for the containment, clean up, removal,
transport, storage, testing, waste debris reduction, treatment and/or disposal of hazardous
and industrial materials, including white goods, resulting from the events.
5. Removal of sand and earthen materials from roads, street and rights -of-way.
6. The Contractor will not be compensated for disposing of any material not defined as
eligible debris. The Contractor and City will inspect each load to verify the contents are in
accordance with the accepted definition of eligible debris. If any load is determined to
contain material that does not conform to the definition of eligible debris, the load will be
ordered to be deposited at another landfill or receiving facility and no payment will be
allowed for that load; and, the Contractor will not invoice the City for such loads. For each
suitable load picked up, hauled and processed, a record of the cubic yards will be recorded
by the Contractor and City on numbered tickets supplied by the Contractor. Copies of each
load record will be available to the Contractor and the City’s designee on site. Each invoice
shall contain verification of each cubic yardage load ticket and also contain a summary
sheet indicating, by day, the individual verified load receipt and invoice amounts.
3.4 DOCUMENTATION AND REIMBURSEMENT
DMC shall utilize load tickets provided by the Debris Monitor to track and document the removal
and management of Eligible Debris. DMC shall ensure that load tickets meet the requirements of
FEMA and other Federal, State, or local reimbursement agencies. Debris Management Contractor
(DMC) shall provide data management and support to the City of Sunny Isles Beach during the
emergency recovery effort including, but not limited to, the following: Each load ticket shall contain
the following information:
a. Municipality (Applicant)
b. Prime Contractor name.
c. Sub-Contractor name.
d. Load ticket number.
e. Truck ID number and capacity
f. Truck Driver name.
g. Date and time of pick up, loading.
h. Date and time of delivery, unloading.
i. Pick up location (street address or primary street between specific ar ea).
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.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 25
o. Dump Monitor Printed Name and Signature.
p. GPS.
q. Inspector.
r. Unloading Information.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 26
SAMPLE DEBRIS LOAD TICKET
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 27
3.4.1 Load tickets will be issued by the Debris Monitor or City personnel prior to departure from the
loading site or upon arrival at the debris staging area. The Debris Monitor/City will keep two (2)
copies of the load ticket and the vehicle operator will retain the remaining copies for DMC’s records.
DMC will scan all load tickets. DMC shall provide scanned copies of all load tickets, as well as a
spreadsheet itemizing all load tickets, once a week or more frequently as requested by the Contract
Manager. Scanned load tickets shall be organized by activity date. DMC shall have a system for
clearly tracking and documenting all its costs associated with work conducted pursuant to this
contract, identifying expenditures eligible for reimbursement, and maintaining documentation of
the recovery process.
3.4.2 DMC shall supply certification placards meeting FEMA requirements and place such placards on its
vehicles. Placard shall also include the wording “City of Sunny Isles Beach Emergency Debris
Contractor” and the DMC’s name.
3.4.3 DMC will work closely with the City, with the City’s contracted Monitor and applicable Federal, State
and local agencies to ensure that the City’s emergency recovery procedures and data
documentation for Eligible Debris meet the requirements of the reimbursement agencies. DMC shall
provide to the City all records, disposal tickets, field inspection reports and other data necessary
to adequately document recovery services and provide sufficient substantiation for Federal and
State reimbursement applications. DMC shall review all reimbursement applications pre pared by
the City or Debris Monitor prior to submittal for sufficiency in meeting the reimbursement
requirements of these organizations and notify the City or Debris Monitor of any recommended
changes, corrections, alterations or deletions. Such records shall be retained for a period of three
years following the date of the final payment to the contractor for all contract work and shall be
available at reasonable times and places for inspection by authorized representatives of the
contracting agency.
3.4.4 DMC shall reconcile any discrepancies between the Debris Monitor’s daily report and the
corresponding load tickets within forty-eight (48) hours.
3.5 PAYMENT
The City, or its authorized representative, will monitor, verify and document with load tickets the
completion of all work, as defined in the scope of work. The Contractor(s) will be provided with
copies of this documentation. These documents will be used by the Contractor as backup data for
invoice submittals, upon services rendered. Work not ticketed or not authorized by the City will not
be approved for payment. Additionally, any ticket submitted for payment must be legible and
properly completed. Tickets missing loading address, truck number, certified capacity, collection
monitor signature, disposal site, load call or disposal monitor signature will not be paid, nor will the
City be responsible for unpaid incomplete tickets. The City will not pay and/or reimburse any
additional costs including, but not limited to, travel, mileage, lodging, meals, and other travel and
subsistence expenses. Price submittals should be inclusive of all such expenses.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 28
Payment for disposal cost incurred by the Contractor(s) at City approved Final Disposal Sites
will be made at the cost incurred by the Contractor. The City will either coordinate payment of
disposal costs directly with the Final Disposal Site or require the Contractor to pay the disposal
fees and then invoice the City. The Contractor(s) shall submit a copy of all invoice(s) received
by the City approved Final Disposal Site, an electronic copy tabulating all scale or load tickets
issued by the City approved Final Disposal Site, and proof of Contractor payment to the City
approved Final Disposal Site. The City will not render payment for disposal c osts until the
Contractor submits applicable disposal site permits or site information for each authorized Final
Disposal Site.
Contractor(s) must submit a final invoice within thirty (30) days of completion of scope of work.
Completion of scope of work will be acknowledged, in writing, by the City Debris Manager. The
final invoice must be marked “FINAL INVOICE” and no additional payments will be made after
the Contractor’s final invoice.
3.6 PERSONNEL
Contractor shall have a professional staff with the knowledge, skills and training in order to monitor
the disaster recovery process efficiently and effectively. Extensive knowledge of FEMA, FHWA,
NRCS, FDOT, FFWC and other applicable Federal, State or local agency laws, regulations and
policies is required. Bidder’s personnel shall carry photo identification, commercial driver’s license,
and show same to City personnel at any time upon request. The City reserves the right to request
the same of Subcontractors.
Contractor shall update the operations report for any changes such as additions or deletions of
staff. Any changes in key personnel, such as but not limited to, the Project Manager and Field
Supervisors, must be approved by the City. The City retains the right to request personnel
replacements. All such positions and applicable hourly rates, inclusive of any associated costs to
provide services, shall be listed in the Price Proposal Form, and provided herein as attachment A.
Contractor’s TDMS personnel must wear OSHA-required safety equipment whenever at a TDMS
and must adhere to all Disaster Debris Collector site safety requirements. Field personnel shall be
identifiable with safety vests and vehicle placards.
Scope of work under this contract includes, but is not limited to:
3.7 EMERGENCY ROAD CLEARANCE
Work shall consist of all labor, equipment, fuel and associated costs necessary to clear and remove
debris from City roadways, to make them passable immediately following a declared disaster event.
All roadways designated by the City’s Debris consultant and Contract Manager shall be clear and
passable within seventy (70) working hours of the issuance of Notice to Proceed from the City to
conduct emergency roadway clearance work. This may include roadways under the jurisdiction of
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 29
other governmental agencies under the legal responsibility of the City. Clearance of these roadways
will be performed as identified by the City’s Debris Monitor Consultant. The Contractor shall assist
the City and its representatives in ensuring proper documentation of emergency ro ad clearance
activities by documenting the type of equipment and/or labor utilized (i.e., certification), starting
and ending times, and zones/areas worked. Services performed under this Contract element will
be compensated using Attachment A– Schedule 1 and 3.
3.7.1 TIME-AND-MATERIALS
Time-and-materials contracts may only be used when the scope of work necessary to
achieve an outcome is unknown. The FEMA PA Program will typically only reimburse the
City for a time-and-materials contract for eligible debris clearance during the first 70
hours of work following a declared disaster. After the first 70 hours the services
performed under this Contract element will be compensated using Attachment A –
Schedule 1 and 3. Once the first push is accomplished, rates will be compensated using
the CY rates – Schedule 2.
3.8 DEBRIS REMOVAL FROM PUBLIC RIGHTS-OF-WAY
As identified and directed by the City, DMC shall provide all labor, services, equipment, materials,
and supplies necessary to collect Vegetative Debris and Mixed Debris from the City’s rights -of-way
and public property. DMC shall provide debris collection in a systematic manner according to Work
Zones in accordance with advanced written authorization from the Contract Manager. DMC shall
haul all debris to designated TDMSs or other temporary staging areas, disposal sites, or recycling
centers, as determined by the City Debris Monitor Consultant. DMC shall segregate all debris to the
extent practical.
3.9 ROW VEGETATIVE DEBRIS REMOVAL
Services performed under this line item will be compensated using Attachment A – Schedule 2.
Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other
associated costs necessary to pick up and transport eligible disaster-related vegetative debris
existing on the City ROW to a City approved DMS or a City approved Final Disposal S ite in accordance
with all federal, state and local rules and regulations. Vegetative debris may consist of whole trees,
tree stumps, tree branches, tree trunks, and other leafy material. Depending on the size of the
debris, the collection of vegetative de bris may require the use of flat bed trucks, dump trucks, and
grapple loaders.
a. For the purpose of this contract, eligible vegetative debris that is piled in immediate close
proximity to the street, and is accessible from the street with mechanical loading equipment
(i.e., not behind a fence or other physical obstacle) will be removed.
b. Removal of eligible vegetative debris existing in the City will be performed as identified by
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 30
the City Debris Manager.
c. Once the debris removal vehicle has been issued a load ticket from the City’s authorized
representative, the debris removal vehicle will proceed immediately to a City approved DMS
or a City approved Final Disposal Site. The debris removal vehicle will not collect additional
debris once a load ticket has been issued.
d. All eligible debris will be removed from each location before proceeding to the next location
unless directed otherwise by the City or its authorized representative.
e. Entry onto private property for the removal of eligible vegetative hazards will only be
permitted when directed by the City or its authorized representative. The City will provide
specific Right-of-Entry (ROE) legal and operational procedures.
f. The Contractor must provide traffic control as conditions require or as directed by the City’s
Debris Monitor Consultant.
3.10 ROW CONSTRUCTION AND DEMOLITION (C&D) DEBRIS REMOVAL
Current Edition of the FEMA Public Assistance Program and Policy Guide (PAPPG) defines eligible
Construction and Demolition (C&D) debris as damaged components of buildings and structures
such as: lumber/wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor
coverings, window coverings, pipe, concrete, asphalt, equipment, furnishings, and fixtures. (Note:
This definition of C&D is for disaster recovery purposes and is not the same definition commonly
used in other solid waste documents, such as FDEP Chapter 62-701.)
Work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs
necessary to pick up and transport eligible Construction and Demolition (C&D) debris existing on
the City ROW to a City approved DMS Site in accordance with all federal, state and local rules and
regulations.
3.11 HOUSEHOLD HAZARDOUD WASTE (HHW) REMOVAL, TRANSPORT AND DISPOSAL
Household Hazardous Waste (HHW) refers to hazardous products and materials that are used
and disposed of by residential consumers, rather than commercial or industrial consumers.
HHW includes some paints, stains, varnishes, solvents, pesticides, and other products or
materials containing volatile chemicals that catch fire, react, or explode under certain
circumstances, or that are corrosive or toxic.
3.12 HAZARDOUS WASTE
Waste that is potentially harmful to human health or the environment that exhibits at least one of
the following four characteristics: Ignitability, Corrosivity, Reactivity and Toxicity .
o Hazardous wastes may require segregation and special handling
o Document improper segregation
o Notify appropriate authorities if unsafe practices are observed during handling and
disposal (know required safety procedures for the circumstances)
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 31
o Monitor processing carefully and regularly to verify the proper precautions are taken and
the chain-of-custody is maintained
o Verify that hazardous wastes are delivered to an appropriate DMS, as they can require
special handling, transportation, and final disposition
3.13 REMOVAL OF DEBRIS FROM CITY PARKS AND FACILITES
Services performed under this Contract element will be compensated using Attachment A – Unit
Rate Price Schedule 2. Under this contract, work shall consist of all labor, equipment, fuel, traffic
control costs and other associated costs necessary to pick up and transport eligible disaster-related
trees, vegetative, and non-vegetative debris existing in City Parks and Facilities to a City approved
DMS Site in accordance with all federal, state and local rules and regulations.
All debris removal from City Parks, improved public property, and Facilities will be at the approval
and authorization of the City prior to removal. DMC shall process Vegetative Debris and Mixed
Debris delivered to TDMSs on a daily basis. Prior to processing, all debris shall be segregated
between Vegetative Debris, C&D Debris, White Goods, E -Waste, Hazardous Waste, and other Mixed
Debris so as to maximize recovery and recycling efforts with city approval.
3.14 LEANING TREES AND HANGING LIMBS
Services performed under this Contract element will be compensated using Attachment A – Unit
Rate Price Schedule 2. DMC shall trim, cut and/or fell leaning trees (leaners) and/or hanging limbs
(hangers) that constitute an immediate threat; only upon prior written consent of the Contract
Manager. Each tree and limb shall then be placed in the public right -of-way where such debris shall
be removed and included in the overall cubic yard price for debris removal. A fallen tree that
extends onto the public right-of-way from private property shall be cut at the point where it enters
the right-of-way, and that part of the debris which lies within the right-of-way shall be removed.
3.15 STUMP REMOVAL, BACKFILL AND HAUL
The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any
other incidental items; to collect and remove eligible hazardous stumps from the City’s authorized
ROW.
A. The Contractor shall extract or remove only stumps which meet the following eligibility criteria
and are authorized by the City or its designated representative:
1. The stump root ball is exposed by fifty (50) percent or more;
2. The stump shall be larger than twenty-four (24) inches in diameter, measured
twenty-four (24) inches above the gro und; and extraction is required as part
of the removal.
3. The stump is located in the authorized ROW or on improved property and
poses a danger to the public’s health and safety.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 32
B. The City or authorized representative shall measure and document the stump prior to removal,
through photographs, GPS coordinates, US National Grid coordinates, physical address/location
and other relevant information which verifies the hazard posed by the stump.
C. Hazardous stumps which meet the eligibility criteria and have been documented following the
described procedures shall be eligible for unit pricing which includes the extraction, transport,
disposal, and filling the root ball cavity.
D. Costs for the removal of hazardous stumps shall be invoiced separately.
E. The Contractor shall be required to fill the cavity left by the excavation process with clean fill
dirt in the quantity documented by the City or the City’s authorized representative.
F. The eligible hazardous stump shall be transported to the City’s DMS or to the City’s
designated final disposal site.
G. The diameter of eligible stumps less than twenty -four (24) inches will be converted into a
cubic yardage volume based on the published FEMA stump conversion table (Appendix E 1 –
FEMA Stump Conversion Table) - Assistance Policy (DAP) 9523.11 dated May 15, 2007.
H. Stumps which are placed on the authorized ROW by others shall not be eligible for
hazardous stump unit pricing.
3.16 CONTRACTOR’S EQUIPMENT
Services performed under this Contract element will be compensated using Schedule 3 - Equipment
Price Schedule. All trucks and other equipment must be in compliance with all applicable local,
state and federal rules and regulations. Contractor shall have proper safety devices maintained at
all times while in use. If equipment does not contain proper safety devices and/or is being operated
in an unsafe manner, the City shall direct the contractor to remove such equipment and/or the
operator until the deficiency is corrected to the satisfaction of the City of Sunny Isles Beach. The
contractor shall be responsible for injury to persons caused by the operation of the equipment.
The contractor must identify current inventory of heavy equipment, vehicles and other related
equipment and their current conditions that would be dedicated and utilized for the City’s objective.
A full list shall include descriptions, sizes and age of the equipment must be provided.
Per FEMA Recovery Policy RP9523.12, mechanically loaded vehicles are preferred for debris
removal. Hand-loaded vehicles are prohibited unless pre-authorized, in writing, by the Contract
Manager or Debris Monitor. The observed capacity of all hand-loaded trucks and trailers shall be
reduced by fifty percent (50%) to account for low compaction.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 33
All trucks used for collection and hauling of eligible debris from the City ROW to City approved
DMS(s) or City approved Final Disposal Sites shall be measured (inside bed measurements) and
certified for cubic yard volume by the City or City-authorized representative. The Contractor shall
provide a representative to attest to the certification/measuring process. It is the Contractor’s
responsibility to verify the accuracy of truck certifications within forty -eight (48) hours of truck
certification (and notify the City of any discrepancies). Placards will be attached to both sides of
each certified truck and shall clearly state the truck measurement in cubic yards, Contractor name,
assigned truck number, and other pertinent information, as determined by the City Debris Manager.
Debris shall be reasonably compacted into the hauling vehicle. Any debris extending above the top
of the bed shall be secured in place so as to prevent them from falling off. Measures must be taken
to avoid the debris blowing out of the hauling vehicle during transport to a City approved DMS or
a City approved Final Disposal Site. If falling debris from hauling vehicles presents an issue the City
reserves the right to require the contractor to “tarp” or cover debris when hauling.
3.17 ONSITE CHIPPING
In areas not accessible by debris removal equipment and as directed by the Contract Manager,
DMC will chip limbs, branches, foliage, etc., onsite using a handfed chipper. DMC will collect chipped
and other tree debris immediately following completion of the chipping and haul the mulch or
chipped debris to a final disposal site as determined by the Contract Manager.
3.18 TEMPORARY DEBRIS STORAGE AND REDUCTION (TDMS) SITES
A Florida Department of Environmental Protection authorized site where debris is stored, reduced,
grinded, or sorted. Debris resides at the site for a relatively short period of time prior to final
disposal during the debris management process. Services performed under this Contract element
will be compensated using Attachment A – Unit Rate Price Schedule 2. The TDMS location(s) will
be identified by the City, within City boundaries. DMC shall be prepared to establish additional
TDMSs as deemed necessary by the City to ensure an adequate number of TDMSs for the amount
and location of debris. DMC will be responsible for obtaining necessary permits and conducting the
required environmental investigations and documentation. DMC will thoroughly videotape and/or
photograph each TDMS before any activities begin, and will periodically update video and
photographic documentation to track site evolution.
DMC shall provide all equipment and personnel to manage, maintain, and operate the TDMSs. The
number of active sites will be determined by the Contract Manager and/or Debris Monitor based
on the severity of the disaster. The Contract Manager will provide access and authorization to DMC
to operate on the designated TDMSs, including all information in the Contract Manager's possession
regarding the sites that is necessary for successful operation.
DMC will provide a site operations plan for review and approval by the Contract Manager
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 34
prior to beginning work. At a minimum, the plan will address the following:
a) Access to the site.
b) Site management, to include point of contact, organizational chart, etc.
c) Traffic control procedures.
d) Site security.
e) Site safety.
f) Site layout/segregation plan.
g) Environmental mitigation plan, including considerations for smoke, dust, noise, traffic,
buffer zones, and storm water run-off as appropriate.
DMC shall reclaim each TDMS to its pre-use condition within thirty (30) calendar days of receiving
the last load of disaster-related debris. Closure shall include, but not be limited to, removal of all
equipment and debris, grading the site to historical conditions, seeding and mulching of exposed
areas, repairing irrigation fences and roads, and removing all remnants from the processing
operation (such as temporary toilets, observation towers, security fence, etc.). The site will be
restored in accordance with all local and contractual requirements.
3.19 HAUL-OUT OF REDUCED DEBRIS TO CITY APPROVED FINAL DISPOSAL SITE
Services performed under this Contract element will be compensated using Attachment A – Unit
Rate Price Schedule 2. The DMC shall provide the name and address of each disposal facility to be
used along with the name and the telephone number of a responsible party for each facility, prior
to commencing the work. The Contractor shall not use any disposal facility without the written
consent of the Contract Manager. At the completion of disposal operations, each disposal facility
will issue a written summary of the quantity, type and origin of waste delivered. The Contractor
shall not receive any payment from the City for haul-out or load tickets related to reduced or
unreduced debris transported and disposed of at a non-City approved Final Disposal Site.
DMC shall provide documentation for all items salvaged or recycled. Document ation shall include
identification of material type, quantity, location material is accepted for salvage or recycling, and
the value of the salvaged or recycled material. DMC shall provide the value of the salvaged or
recycled material back to the City as a reimbursement credit back to FEMA, as required by
FEMA. The value of the material will be defined as the value of the material as paid to DMC by
the entity accepting the material for salvage or recycling.
3.20 ADDITIONAL AS NEEDED SERVICES
DMC may be requested to perform the services detailed below , compensated under Schedule 4:
a. Marine Debris Removal – DMC shall clear waterways of debris and fallen trees as
identified and directed by the City in writing. DMC shall ensure all work is eligible and
documented in compliance with FEMA or NRCS requirements for reimbursement.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 35
b. Removal of Vehicles and Vessels – The removal, transportation and disposal of eligible
abandoned vehicles includes obtaining all necessary local, state and federal handling
permits and operating in accordance with rules and regulations of local, state and federal
regulatory agencies. No vehicles shall be removed without prior City Approval. Such
approval may be made for a single vehicle or multiple vehicles depending upon th e scope
and severity of the debris-generating event.
c. Dead Animal Carcasses – DMC shall collect, transport and dispose of dead animal
carcasses including, but not limited to, dead livestock, poultry and large animals, in any
permissible manner consistent with Federal, State and local laws and regulations.
d. White Goods – DMC should expect to encounter White Goods available for disposal. DMC
shall remove and recover Freon from any White Goods, such as refrigerators, freezers or
air conditioners, in accordance with applicable regulations. DMC shall recycle all eligible
White Goods in accordance with all Federal, State and local laws and regulations. White
Goods may be transported to a storage area before decontamination as long as Freon is
not released during the removal, hauling or recycling. White goods are banned from landfill
disposal in the state of Florida, but are accepted for recycling.
e. Residential Drop-off Sites - The City may elect to open a number of Drop-Off Sites to
allow City residents to drop off debris. In the event such sites are utilized, DMC shall be
responsible for managing debris at the sites including, but not limited to, providing
equipment to manage debris piles, loading debris for transport, hauling debris to a TDMS
or other designated site, and restoring the site to its pre-use condition. No reduction
activities will be permitted at the Drop-Off Sites.
f. E-Waste – means loosely discarded, damaged, obsolete, or broken electrical or electronic
devices including, but not limited to, computers, computer monitors, televisions, and
microwaves.
3.21 OTHER OPERATIONAL CONSIDERATIONS
Inspection – All emergency debris shall be subject to inspection by the Debris Monitor, Contract
Manager, or any public authority in accordance with generally accepted standards to insure
compliance with the contract and applicable Federal, State and local laws and regulations. DMC
shall, at all times, provide the Debris Monitor and City access to all work sites, TDMSs and disposal
areas.
Working Hours - Unless otherwise approved by the City, all activity associated with gathering,
loading and hauling debris shall be performed during visible daylight hours. DMC may work during
these hours seven (7) days per week, including holidays. With City approval, debris reduction
activities at the TDMSs may take place twenty-four (24) hours per day, seven (7) days per week if
DMC deems it necessary and safe. DMC shall mandate employee rest breaks and meal time when
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 36
hourly rates apply. It is expected that DMC shall work daily until project completion. Holiday leave
and TDMS closure may be authorized based on operational needs and with City approval. DMC
shall be responsible to coordinate with the Contract Manager in the event weather conditions delay
or modify the daily schedule.
Traffic Control – DMC shall mitigate the impact of its operations on local traffic to the fullest
extent practicable. DMC is responsible for establishing and maintaining appropriate traffic controls
in all work areas, including TDMSs. DMC shall provide sufficient signage, flags, barricades and
appropriate public safety personnel to ensure the safety of ve hicular and pedestrian traffic in all
work areas.
END OF SECTION
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 37
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 Contractor
who represents the best value, and to accept or reject any proposal submitted in response
to this solicitation.
EVALUATION METHOD AND CRITERIA
The City will consider the following factors below in evaluating the qualifications of the
bidders:
1. Previous experience with State and Federal reimbursement programs; including,
but not limited to: of FEMA, FHWA, NRCS and any other applicable Federal or State
agencies associated with funding of debris removal and recovery efforts.
2. i. Relevant experience and past performance in Disaster Debris Removal Services
in regards to the attached scope of work, service area, and amount of debris
collected.
ii. Firm possesses all appropriate Contractors and professional licenses required to
do business in the State of Florida.
iii. Certified Minority/Woman Business Enterprise participation and/or Small
Business Enterprise participation
3. i. The ability, capacity, skill, and organization of the Contractor to perform and
support the needs and objectives within the scope of work as proposed.
ii. The character, integrity, reputation, judgment, experience of Contractor.
iii. The schedule and availability of the Contractor; to include response time.
iv. Financial stability.
v. The Current and projected workload of the Contractor; to include current
contracts with other government entities.
4. Rate Schedule
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 38
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 Contractor’s understanding of the City’s needs described
in this solicitation, the Contractor’s assumptions, and the value of the proposed services.
The pricing evaluation is used as part of the evaluation process. 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 Contractor’s best terms from a monetary
and technical standpoint.
Notwithstanding the foregoing, if the City and said Contractor 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 Contractor. This process may continue until a contract acceptable to the
City has been executed or all proposals are rejected. No Contractor shall have any rights
against the City arising from such negotiations or termination thereof.
Any Contractor recommended for negotiations must provide to the City:
a) Its most recent financial statements as of a date not earlier than the end of the
Contractor’s preceding official tax accounting period. A copy of the most recent
business income tax return will be accepted if financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving
a governmental agency or which may affect the perfo rmance of services to be
rendered herein, in which the Contractor, any of its employees or subcontractors is or
has been involved within the last three years.
4.4 DISCUSSIONS & PRESENTATIONS
The short-listed contractor’s may be requested to make presentations to the Committee.
The City may require additional information after evaluation of the submittals,
contractor shall agree to furnish such information upon the City’s request.
All Contractor’s 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 39
or need for presentations. Hence, proposals should be initially submitted on the most
complete and favorable terms which contractors are capable of offering to the City.
The Evaluation Committee may conduct discussions with any Contractor who submits an
acceptable or potentially acceptable proposal. Contractors shall be accorded fair and equal
treatment with respect to any opportunity for discussion and revision of proposals. The
Evaluation Committee reserves the right to request the Contractor to provide additional
information during this process.
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, add itions 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 Contractor, either because the Proposal is not
responsive, the Contractor 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 40
Section 5
Proposal Format
5.0 FORMAT
Contractors must submit (1) original, four (4) copies and one (1) flash drive or CD copy of the
Proposal. Be sure that the individual signing the Proposal is authorized to commit the Contractor's
organization to the Proposal as submitted. Each page of the Proposal should state the name of the
Contractor, 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
1. Date
2. Name of the Firm
3. Contact Person (including title) authorized to represent your firm
4. Telephone Number
5. Email Address
6. Mailing Address
2. Table of Contents
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 Contractor’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
Contractor, 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
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 41
Headquarters address and telephone number, and local branch address and
phone number
Proof of insurance
Indication of how long it would take to implement service after authorized to
begin
List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract
Financial Stability of the contractor along with financial statements
5. Qualifications and Requirements
In order to be considered responsive, Contractors shall, at a minimum, demonstrate
compliance with the following Pre-Qualification Criteria in their proposal. All requested
documentation and/or information shall be provided in the Proposal to confirm that the
Contractor has satisfied the Prequalification Criteria in order to be properly evaluated as
listed herein. Contractors failing to meet these requirements shall be deemed non-
responsive. The Contractor shall, at the time of Proposal submittal, time of award, and
throughout the duration of the Contract, continue to meet the following Pre -qualification
Criteria requirements as stated in the Solicitation Documents.
Each Contractor must:
Have at least five (5) years’ experience having provided the scope of services as
outlined in the RFP and provide details of this experience.
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.
Provide an explanation of why the Contractor 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.
List contract(s) of similar scope currently in effect within the State of Florida and
nationwide. Contract list should include: the Name of the Municipality/County, date the
Contract was initially executed, date of subsequent renewal(s), and Expiration Date.
This section shall also include a letter from the Contracto r’s surety company providing
proof of bonding capability large enough to handle the potential debris management
operations up to $1,000,000 or 100% of the contract value, whichever is greater,
annually. This letter shall be valid for one year from the anniversary date of the start
of the agreement, and shall be resubmitted for validity to the City every year thereafter
throughout the initial contract term, and for each year of any subsequent contract
renewal option.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 42
Contractor will provide experienced staff. Certification or active involvement with
disaster preparedness agencies is highly desirable such as: NIMS certification,
FEMA Region IV, FEMA National Advisory Council, FEMA National Training
Programs (NTP), FEMA Center for Domestic Preparedness (CDP), FEMA Emergency
Management Institute (EMI), Florida State Emergency Response Team (SERT),
and/or Florida Governor’s Hurricane Conference training/instructor.
6. References
The Contractor must provide three (3) verifiable references, and indicate if
references are from municipalities/local governments, for projects of similar scope
as outlined in this RFP. Please ensure the contact information provided is up to date
and accessible 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 relevant experience and qualifications of key personnel (i.e. designated
representative, project manager, etc.), including key personnel of subcontractors, that will
be assigned to the City’s accounts and experience and qualifications of subcontractors, if
applicable. Brief resumes of these individuals are requested and highly encouraged stating
their credentials, education, experience, certifications, and all pertinent informat ion to
demonstrate capabilities.
• 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, NRS,
FHWA, FDOT, FDEP, FFWC, and other Federal, State and local regulatory agencies.
The composition of the team should include:
The names of the employees in the area responsible for this contract
Their function in the company
The name of the person who will be responsible for the coordination of work
through to implementation
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 re sources that
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 43
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
6. Identify any issues or concerns of significance that may be appropriate.
C. Completed Disclosure of Sub-Contractors: Include a Sub-Contracting plan that identifies
items such as a description of percentage of work to be subcontracted.
D. Describe Contractor’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.
E. Exceptions – clearly describe any exceptions the Contractor may have in regards to any
requirements stated in the RFP document or associated addendums.
F. Identify Contractor’s current inventory of heavy equipment, vehicles and other related
equipment and their current conditions that would be dedicated and utilized for the City’s
objective. A full list shall include descriptions, sizes and age of the equipment.
9. Price Proposal:
A. Proposal form shall be signed by the contact person authorized to represent the
contractor. The contractor must provide their pricing through the designated line items
listed on the Price Form. Proposals shall contain an acknowledgment of receipt of
all Addenda.
END OF SECTION
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 44
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:
Thursday, May 10, 2018 2:30 PM
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: Purchasing Agent
Genesis Cuevas
Date Issued:
04/25/2018
This Bid Submittal Consists of
Pages 44+
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 18-04-02
DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES
Procurement Agent: Firm Name:
Genesis Cuevas
________________________________________
Commodity Code(s):
RETURN ONE ELECTRONIC COPY (FLASHDRIVE OR CD) ONE ORIGINAL AND FOUR COPIES
OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 47 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 45
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: _________________________________
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 46
BID SUBMITTAL FORM
Bid Title: DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES
The undersigned Contractors proposes and agrees, 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 Contractors accepts all of the terms and conditions of the Advertisement and Instructions to
Contractors, 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 Contractors 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 Contractor represents, as more fully set forth in the Agreement, that:
The Contractor 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 Contractor has studied carefully all specifications and requirements.
The Contractor 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 Contractor.
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 Contractor has
not directly or indirectly induced or solicited any other Contractors to submit a
false or sham Bid; the Contractor has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Contractor has not sought by collusion to
obtain for itself any advantage over any other Contractors or over the City.
The City and the successful Contractor will establish completion times for each individual Work Item and
the successful Contractor 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.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 47
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*By signing this document the proposer agrees to all Terms & Conditions
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title: _________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR
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 CONTRACTOR TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 48
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 Bid. 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 names, telephone numbers, emails and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
which you have performed and to which you refer (government owners are preferred
as references).
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 49
4. List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
5. State the name of the individual who will have personal supervision of the work:
6. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
7. State the name of Surety Company which will be providing the bond, and name and
address of agent:
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 50
8. Attach a financial statement including Contractor's latest balance sheet and income
statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and bonds,
equipment, furniture and fixtures, inventory and prepaid expenses):
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, real
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings).
9. State the name of the firm preparing the financial statement and date thereof:
11. Litigation/Judgements/Settlements/Debarments/Suspensions – Submit information
on any pending litigation and any judgements and settlements of court case s relative
to providing the services requested herein that have occurred within the last three
(3) years. Also indicate if your firm has been debarred or suspended from bidding or
proposing on a procurement project by any government entity during the last five (5)
years.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 51
ATTACHMENTS
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 52
ATTACHMENT A – PRICE PROPOSAL
The Proposer shall provide the hourly rates, unit prices, and equipment rates requested below.
These prices and rates shall be all inclusive of labor, equipment, maintenance, fuel, delivery costs,
travel time, per diem and any other travel or miscellaneous expenses. Proposers may offer other
required positions as necessary with the written approval of the City’s Project Manager.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 53
SCHEDULE 1 LABOR CATEGORY HOURLY LABOR RATE
1.1. Operations Manager w/ Cell Phone and .5 Ton Pickup Truck $
1.2. Crew Foreman w/Cell Phone & 1 Ton Equip, Truck w/ small tools and
misc. supplies in support of crew $
1.3. Tree Climber/ Chainsaw and Gear $
1.4. Laborer w/ Chainsaw and Gear $
1.5. Laborer w/ Small Tools, Traffic Control, or Flag Person $
1.6. Bonded and Certified Security Personnel $
OTHERS NOT LISTED IN LABOR CATEGORY - PLEASE LIST
BELOW
SCHEDULE 2
LOADING, REDUCING AND HAULING CATEGORY PER CUBIC YARD
2.1. Vegetative Debris Removal (based on Section 3.9)
Work consists of the collection and transportation of eligible
vegetative debris on the ROW or public property to a City
approved debris management site (DMS) or City approved final
disposal site. This proposed rate shall apply to Removal of
Debris from City Parks & Facilities.
$
2.2. C&D Debris Removal (based on Section 3.10)
Work consists of the collection and transportation of eligible
C&D on the ROW or public property to a City approved debris
management site (DMS) or City approved final disposal site.
$
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 54
2.3. DMS Operation and Debris Management and Reduction
(based on Section 3.18)
Work consists of managing and operating DMS for acceptance,
management, and reduction of eligible C&D and vegetative
disaster related debris. Management and Operation of a
Temporary Debris Staging and Reduction Site per incoming
Cubic Yard.
$
2.4. Mileage for Haul-out to Final Disposal Site within 25 miles
from DMS (based on Section 3.19)
Work consists of transporting eligible disaster related debris to
a City approved final disposal site within 25 Miles from the
DMS. Distance is measured as the crow flies and rounded to
the nearest mile.
$
2.5. 26–50.9 Miles $
2.6.
51+Miles $
2.7.
Removal of Hazardous Trees and Limbs (based on Section
3.14) Work consists of removing eligible hazardous trees or
limbs and placing them on the safest possible location on the
City ROW for collection under the terms and conditions of
Scope of Services Item 2, Vegetative Debris Removal. Sizes as
follows:
$
2.8. 6 inch to 23.99 inch diameter each $
2.9. 24 inch to 35.99 inch diameter each $
2.10. 36 inch to 47.99 inch diameter each $
2.11. 48 inch and larger diameter each $
2.12.
Removal of Hazardous Stumps (Based on section 3.15)
Rate includes removal, backfill of stump hole, reduction, and
final disposal. Sizes as follows: 24.1 inch to 36.99 inch
diameter
$
2.13. 37 inch to 48.99 inch diameter $
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 55
2.14. 49 inch and larger diameter $
2.15.
Household Hazardous Waste Removal, Transport, and
Disposal (based on Section 3.11) Work consists of the
collection, transportation, and disposal of household
hazardous waste from the ROW to a City approved permitted
hazardous waste facility or MSW type I landfill
$ PER POUND
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 56
SCHEDULE 3
EQUIPMENT TYPE (OR
EQUIVALENT)
WITH OPERATOR CATEGORY
INDICATE
WEATHER LEASED
OR OWNED
HOURLY LABOR RATE
3.1. 50' Bucket Truck $
3.2. Dozer, Tracked, D3 or Equivalent $
3.3. Dozer, Tracked, D4 or Equivalent $
3.4. Dump Truck, 16 +/- CY $
3.5. Dump Truck, 20 +/- CY $
3.6. Dump Truck, 38 +/- CY $
3.7. 100 KW Generator $
3.8. 300 KW Generator $
3.9. 500 KW Generator $
3.10. 1000 KW Generator $
3.11. Light Plant with Fuel and Support $
3.12. Gradere w/12" Blade (Min. 30,000
LB)
$
3.13. Lowboy Trailer w/ Tractor $
3.14. Mobil Crane up to 15 Ton $
3.15. Pump, 95 HP (Minimum 25' Intake
and 200' Discharge to Include Fuel
and Support Personnel)
$
3.16. Single Axle Dump Truck, 5 – 12 cu.
yd.
$
3.17. 753 Bobcat Skid Steer Loader with
debris grapple
$
3.18. Pickup Truck, 1 Ton $
3.19. Skid-Steer Loader, 1,500 LB
Operating Capacity (w/ utility
grapple)
$
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 57
3.20. Skid-Steer Loader, 2,500 LB
Operating Capacity (w/ utility
grapple)
$
3.21. Compact Track Loader, 1,500 LB
Operating Capacity (w/ utility
grapple)
$
3.22. Compact Track Loader, 2,500 LB
Operating Capacity (w/ utility
grapple)
$
3.23. Tub Grinder, 800 to 1,000 HP $
3.24. Hydraulic Excavator, 1.5 cy (w/
thumb)
$
3.25. Hydraulic Excavator, 2.5 cy (w/
thumb)
$
3.26. Flatbed Truck $
3.27. Articulated, Telescoping Scissor
Lift for Tower, 15 hp / 37 ft. lift
$
3.28. Water Truck, 2,500 gal (Non-
Potable, Dust Control and
Pavement Maintenance)
$
3.29. Wheel Loader, 3 CY, 152 HP $
3.30. Wheel Loader, 4.0 CY, 200 HP $
3.31. Wheel Loader, 1.5 CY, 95 HP $
3.32. Tandem Axle Dump Truck, 16 – 20
cu. yd.
$
3.33. Tandem Axle Dump Truck, 21 – 30
cu. yd.
$
3.34. Handfed chipper $
OTHER ITEMS NOT LISTED IN
EQUIPMENT CATEGORY - PLEASE
LIST BELOW
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 58
SCHEDULE
4
AS NEEDED - ADDITIONAL SERVICES
UNIT RATE
4.1. Marine Debris Removal – Per CY $
4.2. Removal of Abandoned Vehicles - Per Vehicle $
4.3. Dead Animal Carcasses - Per Pound $
4.4. White Goods - Per Unit $
4.5. Residential Drop-off Sites - Per CY $
4.6. E-Waste - Per Unit $
Authorized Signatory: _______________________________________________
Executed by: ______________________________________________________
(Type or print name)
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 59
ATTACHMENT B
ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of January 6, 2017
Title 2 → Subtitle A → Chapter II → Part 200
Title 2: Grants and Agreements
Procurement Standards
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award and administration of
contracts. No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However,
non-Federal entities may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal
entity.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 60
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable
or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
(d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,
and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective
use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into
state and local intergovernmental agreements or inter-entity agreements where appropriate for
procurement or use of common or shared goods and services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing
new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential function is
provided at the overall lower cost.
(h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration will be
given to such matters as contractor integrity, compliance with public policy, record of past performance,
and financial and technical resources. See also §200.213 Suspension and debarment.
(i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price.
(j)(1) The non-Federal entity may use a time and materials type contract only after a determination that
no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its
own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the
sum of:
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 61
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no
positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract
must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity
awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance
that the contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its
contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity
unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or
Federal authority having proper jurisdiction.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
§200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open competition
consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, or invitations for bids or requests for proposals must be excluded from competing
for such procurements. Some of the situations considered to be restrictive of competition include but are
not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 62
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and
describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or
proposals, except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When contracting for
architectural and engineering (A/E) services, geographic location may be a selection criterion provided its
application leaves an appropriate number of qualified firms, given the nature and size of the project, to
compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These procedures
must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product,
or service to be procured. Such description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement of the qualitative nature of
the material, product or service to be procured and, when necessary, must set forth those minimum
essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed
product specifications should be avoided if at all possible. When it is impractical or uneconomical to make
a clear and accurate description of the technical requirements, a “brand name or equivalent” description
may be used as a means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating
bids or proposals.
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are
used in acquiring goods and services are current and include enough qualified sources to ensure maximum
open and free competition. Also, the non-Federal entity must not preclude potential bidders from
qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.320 Methods of procurement to be followed.
The non-Federal entity must use one of the following methods of procurement.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 63
(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67
Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases
equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive
quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the
material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is
the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids, for local, and tribal governments, the invitation
for bids must be publicly advertised;
(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define
the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 64
to determine the low bid when prior experience indicates that such discounts are usually taken advantage
of; and
(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted
with more than one source submitting an offer, and either a fixed price or cost-reimbursement type
contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If
this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response to publicized requests for proposals must be considered to the maximum
extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technical evaluations of the
proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the
program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-based
procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications
are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable
compensation. The method, where price is not used as a selection factor, can only be used in procurement
of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation;
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 65
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in
response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10 , 2015]
§200.321 Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms.
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(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; and
(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.
§200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 66
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.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement
action in excess of the Simplified Acquisition Threshold including contract modifications. The method and
degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a
starting point, the non-Federal entity must make independent estimates before receiving bids or
proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To establish a fair
and reasonable profit, consideration must be given to the complexity of the work to be performed, the
risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its
record of past performance, and industry profit rates in the surrounding geographical area for similar
work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to
the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the
non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its
own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
§200.324 Federal awarding agency or pass-through entity review.
(a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-
through entity, technical specifications on proposed procurements where the Federal awarding agency or
pass-through entity believes such review is needed to ensure that the item or service specified is the one
being proposed for acquisition. This review generally will take place prior to the time the specification is
incorporated into a solicitation document. However, if the non-Federal entity desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity
may still review the specifications, with such review usually limited to the technical aspects of the
proposed purchase.
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 67
(b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-
through entity pre-procurement review, procurement documents, such as requests for proposals or
invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement
standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded
without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand
name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other
than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount
by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if
the Federal awarding agency or pass-through entity determines that its procurement systems comply with
the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding
agency or pass-through entity to determine whether its system meets these standards in order for its
system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding,
and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit
the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal
awarding agency may rely on written assurances from the non-Federal entity that it is complying with
these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards
as being in compliance with these requirements and have its system available for review.
§200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and
requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 68
has made a determination that the Federal interest is adequately protected. If such a determination has
not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
“performance bond” is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment
bond” is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
§200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to
Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made
by the non-Federal entity under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 69
by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity
must report all suspected or reported violations to the Federal awarding agency. The contracts must also
include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected
or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 70
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 sub-recipient 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 sub-grants 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 government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
City of Sunny Isles Beach |RFP Disaster Debris Management and Disposal Services 18-04-02 71
AFFIDAVITS
1 of 10
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this RFP.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have
themselves solicited or employed anyone else to solicit favorable action for this RFP by the City, also that no head of any department
or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This RFP is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or
agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham RFP, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements
contained in the RFP or RFP's described above true; and further; neither the undersigned, nor the person, firm or corporation named
above has directly or indirectly submitted said RFP or the contents thereof, or divulged information or data relative thereto, to any
association or to any member or agent thereof.
___________________________________ ___________________________________
AFFIANT’S NAME AFFI ANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of ______________________, 2018.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
2 of 10
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State 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 Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
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market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5.I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
6.Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
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EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Address: ________________________________________
________________________________________
5 of 10
C O N F L I C T O F I N T E R E S T
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles each, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or
employee of the City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ________________________
BEFORE ME, the undersigned authority, personally appeared __________________________________________ ,
who was duly sworn, deposes, and states:
18.1. I am the _________________________ of __________________________________________ with a local
office in ______________________________________________________________________ and principal office
in ___________________________________________________________________________________________.
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________
described as _________________________________________________________. The Affiant has made diligent
inquiry and provides the information contained in this Affidavit based upon his own knowledge.
18.3. The Affiant states that only one submittal for the above Bid is being submitted and that the above
named entity has no financial interest in other entities submitting Bids for the same project.
18.4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection
with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the
completion of negotiations if necessary and execution of the Contract for this project.
18.5. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or
otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.
18.6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict
of interest due to any other clients, contracts, or property interests for this project.
18.7. I certify that no member of the entity’s ownership or management is presently applying for any
employee position or actively seeking an elected position with the City of Sunny Isles Beach.
18.8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any
aspect of the City of Sunny Isles Beach.
18.9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above
named entity, will immediately notify the City of Sunny Isles Beach.
Dated this __________ day of __________________________________, 20____.
____________________________________________ ____________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this __________ day of ______________________________, 20____.
Personally Known, OR
Produced Identification - Type of Identification ____________________________________________
NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________
6 of 10
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
1.Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
2.Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
3.Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
7 of 10
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
8 of 10
BID BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF ____________)
KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and
_______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid
dated, ______________2018 for:
______________________________________________________________________.
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of five percent (5%) of
the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with
the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of
the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written
notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory
to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance,
then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety
herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated
damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day
of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
IN PRESENCE OF:
__________________________________ _________________
Individual or Partnership Principal Affix Corporate Seal
_________________________________
Business Address
_________________________________
City, State, and Zip Code
_________________________________ _______________________________
Business Telephone Business Facsimile
ATTEST:
___________________________________ ______________________________ Secretary
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized
to transact business in the State of Florida.
9 OF 10
PERFORMANCE BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
___________________________________________________________, as Principal, hereinafter called
Contractor, and ________________________, as Surety, are bound to the City of Sunny
Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________
Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the
day of , 20 , with in accordance with contract documents prepared by the City
of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the
Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1.Fully performs the Contract between the Contractor and the City for services described within (Bid No.
_______________) within calendar days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
2.Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
3.Upon notification by the City corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
4.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and
declared by City to be, in default under the Contract, the City having performed City’s obligations there under, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Contract in accordance with its terms and conditions; or
4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the best, lowest, qualified, responsible and responsive
Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best,
lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such
Proposers and City, and make available as Work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the Contract Price." as used in this paragraph, shall mean the total amount payable by City
to Contractor under the Contract and any amendments thereto, less the amount properly paid
by City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
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The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESS: BY:
(Name of Corporation)
_________________________
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
*(Power of Attorney must be attached)
(Address)
______________________________
(City/State/Zip Code)
______________________________
(Telephone)
STATE OF FLORIDA
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _____ day of __________________,
20____, by _________________________________________________________ [name of person], as
__________________________________ [type of authority], for ________________________________ [name
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE: ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________