11-Special Instructions to Vendors FEMA DCRS 06022026.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

FEMA Debris Clearing and Removal Services DCRS

A. Scope This open-end contract is for the purchase of all labor, materials, equipment, services and incidentals for emergency disaster debris and clearing services following a declaration of a state of emergency for Solid Waste and Recycling Services (SWRS) Division and various other Broward County agencies that may have a need of these services and/or products in accordance with the Specifications and Requirements.

B. Contract Type

Requirements Contracts. This solicitation is for a requirements contract. The County will purchase all of its requirements for the stated goods or services from the awarded Vendor (other than purchases below the Mandatory Bid Amount), and the Vendor must meet all of the County’s requirements for those goods or services, limited only by any total maximum quantity stated in the solicitation and any maximum per order quantity stated in the solicitation. Quantities stated in the solicitation (if any) are estimates only, and not a guarantee of any order or total orders. So long as the County purchases all of its requirements for the stated goods or services from the awarded Vendor (other than purchases below the Mandatory Bid Amount or as otherwise stated below in this paragraph), the failure of the County to purchase estimated quantities will not entitle the Vendor to any compensation, consideration, or price adjustment. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the awarded Vendor is unable to deliver by that time at the contracted price, the County may obtain such delivery from other sources, without penalty or prejudice to the County, and such shall not be a violation of the contract provided the County purchases the remainder of its requirements from the awarded Vendor under the delivery terms specified in the solicitation.

Contract Term/Period: The initial contract period shall start on date of award, or upon expiration of the current contract November 30, 2026, whichever is later, and shall terminate five years from that date, with no renewals. The Vendor must complete delivery, and the County will receive delivery, on any orders issued by the County to the Vendor prior to the date of expiration.

C. Office of Economic and Small Business Requirements

This solicitation has the following Broward County Business Enterprise Goal: 25% CBE. Refer to the Office of Economic and Small Business Development Requirements: CBE Goal and submit all required forms and information as instructed.

D. Funding Requirements (ex. Grant, State, or Federal)

Not applicable to this solicitation.

E. Specifications and Requirements

The Specifications and Requirements included apply to this solicitation. If the Specifications and Requirements reference a third party (i.e., manufacturer, applicator, subcontractor, etc.), the reference is to be construed as the Vendor through the third party.

The product offered by the Vendor must, on an overall basis, be equal or greater in quality or performance than the Specifications and Requirements. Broward County shall be the sole judge of what constitutes equal or greater in quality or performance. Submittals that do not comply with Specifications and Requirements are subject to rejection.

The Vendor should submit with their response photographs, drawings, current manufacturer's catalogues, or product literature on the items offered. If not submitted with their response, this information must be submitted within three calendar days after request by Broward County Purchasing Division. Literature should be clearly marked as to each item number. The Vendor’s failure to submit the requested literature and/or catalogues may result in their bid being declared nonresponsive.

F. Requests for Approved Equals

G. Vendor Responsibilities The Vendor will be responsible for the provision, installation (if applicable, per Specifications and Requirements and performance of all equipment, materials, services, etc. offered in their submittal. The Vendor is not relieved of responsibility for the performance of all equipment furnished, or of ensuring timely delivery of materials, equipment, etc., even if the equipment or materials are not of their own manufacture.

The Vendor must itself perform, without subcontracting or other forms of outsourcing, work that constitutes at least seventy five(75%) percent of the total contract price.

H. Fiscal Year End

I. Basis of Award Award of this contract will be made to the four (4) lowest responsive, responsible bidder on a total bid price (sum of all items) basis. The County reserves the right to award on a group basis (if applicable), item by item basis or total bid price basis, whichever is deemed to be in the County’s best interest, in accordance with General Conditions, Section B.7.

J. Multiple Awards

The County reserves the right to make multiple awards for this contract.

1. The Primary Contract will be awarded to the low responsive, responsible Vendor (Primary Vendor). If the County elects to make multiple awards, the Secondary Contract, Tertiary Contract, and Quaternary Contract (if applicable) will be awarded to the second, third, and fourth lowest, responsive, responsible Vendors, if applicable. The County is not obligated to make multiple awards.

2. Purchase Orders issued under the Secondary Contract will be issued if the Primary Vendor is unable to perform or if the County determines that the Primary Vendor's maximum service capacity has been reached (based on outstanding County purchase orders) and the County still needs additional service capacity. Purchase orders will be issued under the Tertiary Contract and Quaternary Contract, if awarded, under the same circumstances as applied to the Secondary Vendor.

K. Price Adjustment/Escalation

All prices, terms, and conditions shall remain fixed for a two-year period after date of award of the contract.

Following the two-year period, the Vendor may request a price increase in accordance with the Price Escalation Procedure below.

Price Escalation Procedure:

To seek a price increase, a Vendor must submit a written request to the County at least ninety (90) days prior to the third-year term or expiration of the fixed 5-year period. The Vendor must supply documentation to substantiate the requested increase. The request must include the proposed amount and effective date of the increase.

The Director of Purchasing may refuse to grant the requested price increase as not properly documented or excessive. If the Director of Purchasing refuses the requested price increase and the matter cannot be resolved to the satisfaction of the County, the Vendor shall continue to perform under the contract at the existing contracted price(s) to the end of the then current term, including completing delivery on any orders placed with the Vendor prior to the end of the then current term. Failure to complete delivery shall be grounds for cause the Contractor to be suspended and/or debarred from doing business with the County pursuant to the Broward County Procurement Code Section 21.73, Authority to Debar or Suspend.

If the Director of Purchasing approves a price increase, the increase shall be no greater than (unless specifically approved otherwise by the Director of Purchasing), the difference of Consumer Price Index (CPI) or Producer Price Index (PPI) of the current period less CPI/PPI previous period, divided by CPI/PPI previous period, times 100 (only one index may be used in formula calculation). The CPI/PPI current period shall mean the most recent month for the contract period index prior to Vendor’s written request. The CPI/PPI previous period shall mean for the same month of the prior year. All indices shall be obtained from the U.S. Department of Labor Statistics. For example:

Consumer Price Index - All Urban Consumers (Series ID CUURA320SA0) for the area of Miami-Fort Lauderdale, FL (All Items), with a base period of 2020-22 = 100, and not seasonally adjusted.

The Purchasing Division will notify the using agencies and the Vendor in writing of the effective date of any approved price increase. If a request for price increase is approved, the new price(s) will apply only to the orders placed after the later of the date of the County’s approval or the effective date proposed in the Vendor's request for a price increase; orders placed earlier will be invoiced at the unit price in effect at the time the order was placed.

Price De-Escalation:

If a supplier issues revisions, supplements, or replacements to the product lists, catalogs and/or price lists previously submitted to the County, any one of which reflects a decrease in the unit price of an item covered by the contract, the Vendor must notify the County of the price decrease within thirty (30) days of the notification from the supplier to the Vendor of the price decrease.

When the County receives notice of a price decrease of an item, the County may request the same reduction in price from the Vendor. The County shall make such request in writing. If agreed to by the Vendor, the decrease shall go into effect on the same day that the supplier of the item provides the decrease to the Vendor.

If the Vendor does not agree to the requested decrease, the Vendor must notify the County in writing no later than ten (10) business days after the County’s request. If the Vendor fails to timely notify the County of its nonacceptance, then the Vendor shall be deemed to have approved the price decrease. If the Vendor timely notifies the County of its nonacceptance, then the County may, upon written notice to the Vendor, terminate the contract for cause.

L. Maintenance and Service Requirements

M. Licensing Requirements

N. Certification Requirements

O. Permits and Fees (For Agencies other than Broward County) The Vendor must procure and pay for all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc., shall be included in price bid except where noted in the Section P, Allowances.

P. Allowances This solicitation includes pass-thru allowances. It is not necessary to add your allowance amounts into your bid prices. The County will add the allowance amount to the bid offer.

The solicitation includes an annual allowance below:

Special Debris Disposal Services (Final Cost): $ 10,000.00

The following shall apply to payment of allowances:

1. The allowance amount is an estimate only; payment is not guaranteed and is only paid based on actual costs incurred by the Vendor for the identified allowance.

2. The Contract Administrator or designee must authorize use of any allowances (per Specifications and Requirements) prior to Vendor incurring costs related to an allowance amount.

3. No markup or additional fees are allowed on payment of allowance items. This includes, but is not limited to, overhead, profit, “runner’s fees”, etc.

4. Allowances for Permit Fees: payment for permit fees does not include licenses, permit expediting services, re-inspection fees, and expired permit fees. Proof of permit fee(s) shall be submitted with Vendor’s invoice for payment.

5. Allowance for Parts on a Pass Thru: Vendor must charge the County the same invoice prices as it is charged by its suppliers. A copy of the Vendor’s invoice(s) from supplier(s) for approved parts and materials shall be submitted with the Vendor’s invoice for payment. In cases where the Vendor manufactures its own parts, Vendor will charge the County a price no higher than it charges its most favored customer.

Q. Public Bid Disclosure Act

In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each permit, license, impact, inspection, and/or certificate of occupancy fee that will be payable by the Vendor to the County by virtue of this work/project (before or during construction) is set forth below, and includes the dollar amount or the percentage method or unit method to be paid of all permits, licenses, and/or fees.

The using agency will be responsible for paying for any and all permit, license, impact, inspection, and/or certificate of occupancy fees imposed on the work by Broward County. This does not alleviate the Vendor from the obligation to file any necessary applications or obtain any necessary permits or licenses.

Licenses, permits, and fees that may be required by the State of Florida, State agencies, or other local governmental entities are not included in the above list.

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages

1. The work to be performed under this contract shall be commenced upon issuance of Purchase Order or Notice to Proceed, which will not be issued until receipt of all required documents.

2. The work shall be completed and ready for final payment from the time indicated in the Specifications and

Requirements from the date indicated in the Notice to Proceed.

3. Upon failure of the Vendor to complete the project Final Completion awarded pursuant to this contract within the specified period of time (plus approved extensions, if any), the Vendor shall pay to the County the sum of One Hundred Dollars ($100.00) for each calendar day (plus approved extensions) after the time specified for completion and readiness for final payment.

4. This amount is not a penalty but liquidated damages to the County. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the County as a consequence of such delay. The Vendor acknowledges and agrees that damages to the County from untimely completion are extremely difficult to determine, and accordingly the Vendor agrees that the amount of liquidated damages provided for herein is the nearest and most exact measure of damages for such delays.

5. The County is authorized to deduct liquidated damage amounts from the monies due to the Vendor for the work under this contract, or as much thereof as the County may, at its own option, deem just and reasonable.

U. Payment

Refer to General Conditions.

V. Additional Information/Instructions The following additional terms apply notwithstanding anything to the contrary in the General Conditions:

SWRS Operational Discretion. As described in the Specifications, the County, through Solid Waste and Recycling Services (SWRS), retains sole discretion to determine whether and when to utilize Contractor. The County may bypass Contractor and assign work to other contractors or perform the work itself under circumstances including, but not limited to:

1. failure to meet mobilization timelines;

2. insufficient staffing, equipment, or capacity;

3. performance deficiencies;

4. safety or compliance concerns;

5. emergency or operational necessity;

or

6. any other circumstance where use of Contractor is not in the County’s best interest.

Form Date 10/10/25