Disaster_Recovery_Services_Debris_Removal_(Disaster)_(Addendum_#1_Revision).pdf

0019-24-RFP

Disaster Recovery Services / Debris Removal (Disaster)

The City of Fort Myers Procurement Services utilizes an electronic bidding system to streamline the solicitation process.

City of Fort Myers Procurement Services Website https://procurement.opengov.com/portal/cityftmyers

Disaster Recovery Services / Debris Removal (Disaster), 0019-24-RFP

TABLE OF CONTENTS

I. Project Details II. Evaluation Criteria

III. Instructions to Respondents IV. General Conditions

V. Special Conditions VI. Insurance Requirements

VII. Minority Business Enterprise

VIII. Definitions IX. Vendor Submissions

X. Schedule of Values

1. Project Details

1.1. Important Instructions for Electronic Submittal

The City of Fort Myers is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic bid.

1.2. Timeline

6/6/2024 Release date

6/14/2024 Pre-Submittal Meeting - 2pm

6/21/2024 Question Deadline - 5pm

7/11/2024 Submission Deadline - 2pm

7/18/2024 Selection Committee - 3pm - Fort Myers City Hall, Engineering Conference Room A

7/31/2024 Presentations (if desired by Committee) - 1pm - Fort Myers City Hall - Council

Chambers

8/19/2024 Proposed Council Approval Date

1.3. Minimum Qualifications of Respondents

A. The Respondent(s) shall hold a current license from the State of Florida as required for each discipline.

B. Respondent(s) shall have been in business under the current company/firm name for a minimum of three (3) consecutive years (verified through Sunbiz.org). Exception may be granted for proof of merger.

C. Respondent shall have no record of judgments, bankruptcies, 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 Council.

D. Neither Respondent 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.

E. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of Owner’s request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions)

Following the opening, Respondents that do not meet the Minimum Qualification Requirements as set forth in this solicitation will not be considered further. The awardee will be required to https://procurement.opengov.com/signup maintain the Minimum Qualification Requirements during the term of the Contract and any contract renewals.

1.4. Term of Contract

The term of any resulting Contract will begin on 12/1/2024 or when the Contract is fully executed, whichever is later. The Contract will be considered expired 12/31/2029 or when the next contract is fully executed, whichever is later, unless any of the termination clauses are exercised during the term of this contract.

1.5. Scope of Work

1. Scope of Services:

Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible storm-generated debris, including hazardous and industrial waste materials; these items and tasks are included in the bid prices provided in the schedule of values (section 7.1) and shall be provided in accordance with the Standards of Performance as set forth in Article 3 of this Contract. Emergency push, debris removal and demolition of structures will be limited to:

a) That which is determined to eliminate immediate threats to life, public health, and safety;

b) That which has been determined to eliminate immediate threats of significant damage to improved public or private property; and

c) That which is considered essential to ensure the economic recovery of the affected community to the benefit of the community at large.

These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris accumulated on all public, residential, and commercial properties, streets, roads, other rights-of-way and public-school properties, including any other locally owned facility or site as may be directed by City. Contracted services will only be performed when requested and as designated by City via task order.

Contractor shall load and haul the debris from within the legal boundaries of the municipality to a final disposal location defined by the City, or to Temporary Debris Storage & Reduction

(TDSR) site(s) and as specified by the City and set out in Section 4.8 of this Contract.

1.1. Emergency Push / Road Clearance:

If directed by the City. Contractor shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by City. This operational aspect of the scope of services shall be for the first 72 (plus or minus) hours after mobilization of adequate resources pursuant to Section 3.2. Once this task is accomplished, the following additional tasks will begin as required.

1.2. Right-of-Way (ROW) Removal:

Contractor shall remove all debris from the ROW when directed to do so by City. Contractor shall use reasonable care not to damage any real or personal property not already damaged by the storm event. Damages shall be handled pursuant to section 4.5.

1.3. Right-of-Entry (ROE) Removal (if Task Authorized by City):

Contractor will exercise due diligence in removing ROE debris from private property, as authorized and directed by City. Contractor also agrees to make reasonable efforts to save from destruction items that the property owners wish to save (i.e., trees, small buildings, etc.). Contractor will exercise caution when working around public utilities (i.e., gas, water, electric, etc.). Every effort will be made to mark these utilities, but City does not warrant that all utilities will be located before debris removal operations begin, nor does Contractor warrant that utility damages will not occur as a result of properly conducting Contracted services.

1.4. Demolition of Structures (if Task Authorized by City):

Contractor will remove structures designated for removal by and at the direction of City, in a timely manner as determined by City.

1.5. Private Property Waivers:

City will secure all necessary permissions, waivers and Right-of-Entry Agreements from real property owners required for the lawful removal of debris and/or demolition of structures from real properties.

1.6. Disaster Recovery Technical Assistance:

Contractor will provide Disaster Recovery Technical Assistance, to officials within City and designated staff members, to assist a local government with guidance and consultation on all aspects of the recovery process.

1.7. Vegetative Debris Reduction:

Contractor will reduce the vegetative debris in one of two ways: burning or chipping before taking it to City approved final site(s). The City will approve the method at the time. Required permits are the responsibility of the Contractor. Reduction production rates will be sufficient to keep up with daily collection rate after the fifteenth day.

1.8. Construction and Demolition (C&D) Debris Reduction:

Contractor will collect, consolidate and remove C&D debris to a location approved by the

City. The production rate of this effort will be determined by the City and will be based on the volume of C&D estimated. The production rate should be similar to the vegetation rate.

1.9. Construction and Demolition (C&D) Debris Recycling:

The Contractor shall sort the C & D and make every effort to recycle as much material as possible to reduce the overall volume transported to the landfill. Funds generated from the recycling process will be used to reduce the final cost to the City. The Contractor is responsible for handling and proper removal of all environmental hazards collected such as refrigerant in air conditioners and refrigerators, batteries, household hazardous wastes, etc.

1.10. Specialized Crews:

If requested by the City, the Contractor shall provide a dedicated crew to collect specific debris piles that cause health and safety issues around hospitals, public schools or other type properties.

1.11. Removal of Derelict Boats/Other Objects Obstructing Waterways

If requested by the City, the Contractor shall remove abandon/derelict vessels and other objects obstructing the waterway. Proper notice must be given by the City to registered vessel owners before removal can take place. Removal will be priced by the linear foot, to include pump out of all potentially hazardous liquids, with three categories 0-25 feet, 25.01-50 feet, 50.01 feet or more. The removal of trees, tree limbs will be categorized less than 12" diameter, 12-24" diameter and 24.01" and above.

2. PERFORMANCE OF SERVICES

2.1 Description of Service:

Contractor agrees to perform Contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations and permits. Only the highest quality workmanship will be acceptable. Services, equipment and workmanship not conforming to the intent of Contract or meeting the approval of City may be rejected. Replacements and/or rework, as required, will be accomplished at no additional cost to City.

2.3 Cost of Services:

Contractor shall bear all of its own operating costs and is responsible for all permits, license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services.

2.3. Matters Related to Performance:

Subcontractor(s):

Contractor may utilize the services of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent Contractor is responsible for the acts and omissions of its own employees. Contractor shall ensure that all its subcontractors have and carry the same major provisions of this Contract and that the work of their subcontractors is subject to said provisions. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and City. Contractor shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by City.

3.0 STANDARDS OF PERFORMANCE

3.1 Contractor Representative:

Contractor shall have a knowledgeable and responsible representative report to City’s designated Contract representative within 24 hours following the execution of this

Contract. The Contractor's representative shall have the authority to implement all actions required to begin the performance of contracted services as set out in this Contract and

Contractor’s General Operations Plan. A Contractor representative shall remain locally during the duration of recovery efforts and be available to routinely meet with City contract administrator. The Contractor shall also consider locating this representative at or near the City of Fort Myers EOC to facilitate coordination of debris removal operations. The Contractor shall also provide reports on debris removal operational progress as requested.

3.2 Mobilization:

The Contractor shall have sufficient equipment and forces in Lee County within 4 days of

“notification to proceed” to begin removal operations at an initial rate of 3,000 cy per day and increasing that rate, after the sixth day, by a minimum of 3,000 cy each day, building to a consistent, minimum daily rate of 15,000 cy of debris collected. Additional resources may be required to meet the debris activities based on the scope and impact of the event.

3.3 Time to Complete:

Contractor shall use all efforts to complete all work directed under this Contract as soon as feasibly possible, and in accordance with established timelines for completion of debris related activities for the specific event, as defined by FEMA or other federal reimbursement program guidelines or as agreed to with the City. City will direct the scope and nature of the work to be performed once the extent of damage has been determined.

3.4 Completion of Work:

Contractor shall be responsible for removal of all debris up to the point where remaining debris can only be described as storm litter and additional collection can only be accomplished by the use of hand labor.

4.0 GENERAL RESPONSIBILITIES

4.1. City Obligations:

City shall furnish all information and documents necessary for the commencement of contracted services, including a written Notice To Proceed. A representative will be designated by City to be the primary point of contact for inspecting the work and answering any on-site questions prior to and after activation of this Contract via a written Notice to Proceed.

City will be responsible for issuing all Public Service Announcements (PSAs) to advise citizens and agencies of the available debris management services. Contractor may assist City with the development of debris management PSAs, if so requested.

4.2. Contractor’s Conduct of Work:

Contractor shall be responsible for planning and conducting all operations in a satisfactory workmanship manner. Contractor shall demonstrate and maintain a courteous and responsive demeanor toward all citizens, especially when working on individual private properties. All operations shall be conducted under the review of a City representative at times, places, and by means as directed by City. Contractor shall have and require strict compliance with a written

Code of Ethics to be provided by City.

4.3. Supervision by Contractor:

Contractor will supervise and/or direct all contracted services performed by its employees, agents and subcontractors. Contractor is solely responsible for all means, methods, techniques, safety and other procedures. Contractor will employ and maintain a qualified supervisor at the work site who shall have full authority to act on behalf of Contractor. All communications given to the supervisor by City’s authorized representative shall be as binding as if given to Contractor. Multiple work sites will require equal supervision as outlined above.

4.4. Damages by Contractor:

Contractor shall be responsible for conducting all operations, in such a manner as to cause the minimum damage possible to existing public, private, and commercial property and/or infrastructure. Contractor shall also be responsible for any damages due to the negligence of its employees and subcontractors. Should any property be damaged due to negligence on the part of Contractor, City may either bill Contractor for the damages or withhold funds due to

Contractor. Contractor may repair damages, at no additional cost to the City, provided the repairs are sufficient and a release from claim of damage is signed by the parties involved. City shall make the determination of whether “negligence” has occurred.

4.5. Contractor’s Duty Regarding Other Contractor(s):

Contractor acknowledges the presence of other contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work.

4.6. Contractor’s Ownership of Debris:

Unless otherwise directed by City, All debris, including regulated hazardous waste, shall become the property of Contractor for removal and lawful disposal. The debris will consist of, but not be limited to vegetative, construction and demolition, e-waste, white goods and household solid waste.

4.7. Contractor’s Disposal of Debris:

Unless otherwise directed by City, Contractor shall be responsible for determining and executing the method and manner for lawful disposal of all eligible debris, including regulated hazardous waste. City shall determine the primary location of the reduction and disposal sites in consultation with Contractor. Additional sites may be utilized as directed and/or approved by

City.

4.8. Debris Management Site:

4.8.1: Site Setup

Prior to beginning operation at a debris management site, the condition of the site shall be photographed or video recorded by the Contractor and its condition documented and agreed upon by the City, Contractor and Property Owner if applicable. As directed by City, baseline environmental assessments shall be performed and supplied for City review. Site setup shall be completed by the

Contractor to include but not limited to, grubbing, silt fencing, all weather tower construction and/or rental, and site operation plan. City shall approve additional materials if determined necessary to provide for safe access to the site, costs for these materials shall be a pass-through cost.

4.8.2: Site Operation:

Debris shall be stored in accordance with all federal, state, and local regulations. Fire lanes and adequate access shall be provided. Debris reduction activities shall be performed at each TDSR as to maintain the safe and efficient operation of the site.

4.8.3: Site Remediation

Debris management sites shall be returned to equal or better than original condition and to the satisfaction of City. Contractor shall be responsible for any damages pursuant to section 4.4.

4.8.4: Site Security

Contractor shall supply 24hour per day security for the TDSR sites to ensure unlawful or unauthorized dumping of debris does not occur. Unauthorized debris shall become the responsibility of the contractor and must be disposed of lawfully and without additional costs to the City.

4.8.5 Temporary Debris Staging and Reduction Site (TDSRS)

The Debris Monitoring Team will determine the minimum number of sites required for each storm event. The City will designate the TDSRS to be activated. The City will select these sites, at the beginning of each hurricane season. Preparation, maintenance, and operation of these TDSRS facilities are entirely the Contractor’s responsibility.

Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of rock for any roads that require stabilization for ingress and egress.

Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. The contractor will be responsible for obtaining any required permits, which shall be paid at cost by the City. At the City’s discretion, owned rights of way or other entity owned property could be provided for temporary storage of debris.

4.8.6 TDSRS Debris Removal Operations Plan and Environmental

Protection Plan

This plan is to address site setup, pre‐use activities, post‐use activities and operational activities the plans will include pre and post video and other checklists to assure proper management of the site. Once the debris management site is selected for use, the CONTRACTOR will provide a Site Management Plan.

4.8.7 One (1) electronic .pdf copy of the plans are required.

The plan shall be drawn to a scale of 1" = 50' and address following functions:

▪ Access to site

▪ Site preparation ‐clearing, erosion control, and grading

▪ Traffic control procedures

▪ Safety

▪ Segregation of debris

▪ Location of ash disposal area, hazardous material containment area, contractor work area, and inspection tower

▪ Location of incineration operations, grinding operation (if required). Burning operations require a 100‐foot clearance from the stockpile and a 1000‐foot clearance from structures.

▪ Location of existing structures or sensitive areas requiring protection

▪ Restoration of Site

4.8.8 All debris shall be processed in accordance with Federal, State, and local laws, standards, and regulations.

Processing shall include, but is not limited to, reduction by grinding and/or incineration when approved by the City. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, e-waste, white goods and hazardous waste.

4.8.9 Generated Hazardous Waste Abatement

Abatement of hazardous waste identified by the City is to be disposed of in accordance with all applicable Federal, State, and local laws, standards, and regulations.

4.8.10 Debris Disposal

Disposal of all eligible debris, reduced debris, ash residue and other products of the debris management process is to be in accordance with all applicable Federal, State, and local laws, standards and regulations. Unless otherwise directed by the

City, the Contractor shall be responsible for paying all landfill tipping or disposal fees and provide all scale tickets or other related & required documentation to the

Debris Monitoring Consultant needed to receive eligible reimbursement through

FEMA and (FHWA) for such fees.

4.8.11 Assist Debris Monitoring Consultant in the following:

▪ Monitoring multiple contractors and multiple trucks delivering materials to the

TDSRS.

▪ Verify that each truck that delivers to the TDSRS matches its manifest ticket – truck and maximum capacity.

▪ Make sure load is properly secured for transport.

▪ Photograph of each loaded truck bed and attach photograph to truck’s manifest ticket or link with digital photographic records, as applicable.

▪ Review trucks manifest and observe the truck bed to confirm that the truck was loaded to capacity or as described on manifest ticket, and completely empty on departure.

▪ Maintain manifest tickets in an organized manner for proper record review and storage.

▪ Initial load tickets before permitting truck to leave the TDSRS check‐in area to empty its load.

▪ Document location of origin of debris.

▪ Troubleshoot questions and problems at the TDSRS and identify issues that could impact eligibility for cost reimbursements.

▪ Remain in contact with the central office/staging operation command center.

▪ Perform other duties as directed by City personnel, e.g. conduct final inspections and issue closeout reports.

4.9 Training:

Contractor shall provide annually a minimum of one (1) day consisting of eight (8) hours of on-site, pre-strike training of City field and supervisory personnel.

5.0 GENERAL TERMS AND CONDITIONS

5.1. Geographic Assignment:

The geographic boundary for work by Contractor’s crews shall be only as directed by City and will be limited to properties located within the City’s jurisdictional boundaries. Collection activities shall be monitored and crews shall be responsible for providing detailed information of collection locations as requested.

5.2 Multiple, Scheduled Passes:

Contractor shall make complete scheduled passes at the direction of City and/or unscheduled passes of each area impacted by the storm event. City shall direct the interval timing of all passes. Passes shall be complete only when City deems they meet the definition outlined in section 3.4. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the City.

5.3 Operation of Equipment:

Contractor shall operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition, with no fluid leaks. All loading equipment shall be operated from the road, street or ROW using buckets and/or boom and grapple devices to collect and load debris. No equipment shall be allowed to operate on private property or outside of the public ROW unless otherwise directed by City. Damages by the Contractor or its representative shall be the Contractors responsibility and repaired at no additional cost to the City as outlined in section 4.4. Should operation of equipment be required outside of the public ROW, City will provide a Right-of-Entry Agreement, as set out in Section 1.6 of this Contract.

5.4 Certification of Load Carrying Capacity:

Contractor shall submit to City a certified report indicating the type of vehicle, make and model, license plate number and/or trailer VIN number, assigned debris hauling number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul debris.

The measured volume of each piece of equipment shall be calculated from the actual physical measurement performed by City and Contractor representatives at a City designated location. A standard measurement form certifying actual physical measurements of each piece of equipment, including side boards and deductions shall be an attachment to the certified reports submitted to City.

Each vehicle shall be measured for cubic yard capacity. Each vehicle shall have one numbered certification form prepared with a written description of the measurements, detailed diagram showing the overall inside dimensions, the dimensions of any and all, side boards, and/or deductions, and photograph attached. Deductions, such as doghouses, slant plates, etc. shall be shown as a deduction from the total cubic yards.

Example: Measure and diagram length times Width times Height divided by 27= Total

CY. Second, measure and diagram the “deduction item” and subtract from the total

CY. This is the number that will be certified on the certification form and the placard placed on the vehicle. Certification forms shall be in triplicate, sequentially numbered and verified by a City representative. City shall retain the original certification copy, the

Contractor shall retain the second copy, and the third copy shall remain in the certified vehicle.

Any changes to the equipment size or capacity, i.e. adding or removing sideboards, tailgates etc. will require it to be recertified. This new certification shall be attached to the original certification and documented as to when and/or why recertification was required and occurred.

Any vehicle may at anytime be re-measured for capacity. If determined the capacity is different due to mathematical error, this new capacity will be reflected on any previous loads, and reconciled as such. Digital copies of truck certifications, forms, and photographs may be used in place of hard copies when applicable technologies are both available and if conform with and are compatible with an approved ADMS used by the debris monitoring contractor.

5.5 Vehicle Information:

The maximum load capacity of each hauling vehicle will be rounded to the nearest whole cubic yard (CY) (Decimal values of .1 through .4 will be rounded down and decimal values of .5 through .9 will be rounded up). The measured maximum load capacity (as adjusted) of any vehicle load bed will be the same as shown on the certification form and placarded on each numbered vehicle or piece of equipment used to haul debris. Contractor name and vehicle certification number shall be on the placard along with the certified CY. All vehicles or equipment used for hauling will have and use a City /

Contractor-approved tailgate. A complete list of all certified vehicles with total adjusted

CY information including details of tailgates, sideboards, and deductions shall be supplied, maintained, and updated by the contractor when any changes occur at all TDSR sites.

5.6 Security of Debris during Hauling:

Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul debris. Prior to leaving the loading sites, Contractor shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction or vertically above FDOT maximum height requirements. All loose debris shall be reasonably compacted and secured during transport in accordance with FDOT guidelines. As required, Contractor will regularly survey the primary transportation routes used by Contractor & its subs and recover fallen or blown debris from the roadway(s).

5.7 Traffic Control:

Contractor shall mitigate impact on local traffic conditions to the greatest extent possible while collecting or managing debris. Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the most current edition of the

US Department of Transportation Manual of Uniform Traffic Control Devices (MUTCD)

(see http:mutcd.fhwa.dot.gov OR other appropriate address for manual). Contractor shall provide sufficient signage, flagging, and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, reduction and/or disposal sites.

5.8 Work Days/Hours:

Contractor may conduct debris removal operations 30 minutes prior to and 30 minutes after the published sunrise/sunset, seven (7) days per week. Any mechanical, debris reduction operations or burning operations may be conducted twenty-four (24) hours per day, seven (7) days per week or in accordance with Federal, State or local decree. Adjustments to work days and/or work hours shall be as directed by City following consultation and notification to Contractor.

5.9 Hazardous and Industrial Wastes:

Contractor shall provide annually prior to June 1st, their Hazardous and Industrial

Materials Cleanup and Disposal Plan. This plan shall outline procedures on how the

Contractor shall identify, isolate, and reasonably protect all hazardous or industrial materials encountered during debris removal operations for collection and disposal.

Contractor shall build, operate, and maintain a Hazardous Waste and Industrial Material

Storage area until proper disposal of such waste is feasible. Contractor may use the subcontracting services of a firm specializing in the management and disposal of such materials and waste as outlined in section 2.3.1.

5.10 Stumps:

All eligible stumps authorized by the City shall be extracted, loaded, transported, stored, reduced and disposed in accordance with the standards and pricing templates of this

Contract and in accordance with FEMA guidance documents DAP9523.11 or as amended.

Small stumps placed within loose debris piles shall be collected as normal debris. Loose stumps, placed at the right-of-way by others shall be identified and converted to cubic yards prior to collection. The size of all eligible loose stumps shall be determined by measuring up 1 to 2 feet from the root system then measuring the circumference and dividing by (3.14) to determine the diameter; or in accordance with the most currently available FEMA guidelines. All stumps will be documented, invoiced and paid in accordance with FEMA guidance and details of this Contract.

The Contractor shall backfill the hole left from stump extractions.

A stump will be determined eligible for extraction if:

o The stump poses a threat to health and safety, and o Has 50% or more of the root-ball is exposed, and o It is greater than 24” in diameter as measured 24” above the ground.

FEMA policy for documentation of stumps shall be followed but at a minimum the following documentation must be obtained for each stump removed:

o Photographs and GPS coordinates that establish the location is on public property.

o Specific narrative describing the threat to health and safety o Diameter of the stump o Quantity of material needed to fill the resultant hole

Prior to stump extraction, all documentation described above shall be provided to the

City; once determined eligible, written authorization shall be provided to the Contractor to remove the eligible stump. Copies of this authorization shall be submitted with the invoice in order to justify payment.

The Contractor must complete a FEMA Hazardous Stump Worksheet where required by

FEMA policy. In the event that there are changes to FEMA or other regulatory requirements for stump documentation, the most current guidance or policy shall apply.

Reduction costs of stumps shall be included in the debris processing costs established in the pricing template.

5.11. Work Safety:

Contractor shall provide and enforce a safe work environment as prescribed in the

Occupational Safety and Health Act of 1970, as amended. Contractor will provide such safety equipment, training, and supervision as may be required by City and/or other governmental regulations. Contractor shall ensure that its subcontracts contain a similar safety provision.

5.12. Inspection and Testing:

All debris shall be subject to inspection by City and other public authorities to ensure compliance with Contract, applicable federal, state and local laws, and in accordance with generally accepted standards of emergency management professionals. City or its representatives will, at all times, have access to all work sites and disposal areas. In addition, authorized representatives and agents of the government shall be permitted to inspect all work, materials, invoices and other relevant records and documentation.

5.13. Other Agencies:

The term “government” as used in this Contract refers to those governmental agencies, which may have a regulatory or funding interest in this Contract.

5.14. Retention of Collection Equipment:

Contractor shall supply and maintain a sufficient quantity of collection equipment to complete the debris management project. Collection equipment shall remain in force until the debris collection is complete or when determined by City and Contractor to be adequate to complete the recovery effort. Equipment leaving the City prior to completion of the recovery effort shall be replaced with equal or better equipment. Unless the City determines that downsizing of the operation is warranted.

5.15. Chain Saw Crews:

Crews shall work only as directed by task order by the City; the number of crewmembers and scope of work to be performed shall be outlined in the task order. Unauthorized work shall not be paid for. Detailed invoices consisting of at a minimum the number of crewmen, hours worked, location, and description of work performed shall be submitted with the monthly invoice.

5.16. Hazardous Trees:

Hazardous Trees are to be removed if the condition was caused by the disaster, it is an immediate threat to health and safety, and has a diameter breast height of six inches (6”) or greater, and one of the following criteria is met:

o More than 50% of the crown is damaged or destroyed; or o The trunk is split or it has broken branches that expose the heartwood of the tree;

or o It is leaning at an angle greater than 30 degrees

Trees determined to be hazardous and that have less than 50% of the root-ball exposed should be cut flush at ground level.

FEMA policy for documentation shall be followed but at a minimum the following minimum documentation must be obtained for each hazardous tree that is removed o Photographs and GPS coordinates that establish the location is on public property o Specific narrative describing the threat to health and safety

After hazardous trees are properly documented and determined eligible by the City, written authorization shall be given to the Contractor to remove the tree. Copies of these authorizations are required to be submitted with the invoice in order to be eligible for payment.

5.17 Hanging Limbs:

Limbs, authorized as eligible for reimbursement by the City must be:

o Located on improved public property o Greater than two inches (2”) in diameter at the point of breakage o Still hanging in a tree and threatening a public use area

FEMA policy for documentation shall be followed but at a minimum the following documentation must be obtained for each hanging limb that is removed:

o Photographs and GPS coordinates that establish the location is on public property o Specific narrative describing the threat to health and safety

After hazardous trees are properly documented and determined eligible by the City, written authorization shall be given to the Contractor to remove the tree. Copies of these authorizations are required to be submitted with the invoice in order to be eligible for payment.

5.18 Hand Loaded Collection Equipment:

Hand load trucks, trailers or equipment may be used only in areas where larger collection equipment cannot access and only with prior written authorization of the City. These

“hand loaders” must remove all eligible debris as outlined in section 3.4. All equipment must be capable of self-unloading, equipment that must be unloaded by hand or requires assistance from operator at TDSR site will not be permitted to dump at TDSR sites.

6. REPORTS, CERTIFICATIONS, and DOCUMENTATION

6.1 Accountable Debris Load Forms:

City and Contractor shall, after reconciliation, accept the serialized copies of the debris reporting tickets as the certified, original source document to account for the measurement and accumulation of the volume of debris delivered and processed at the reduction and/or disposal sites as verified by City representative. The serialized ticketing system will also be used in the event of additional debris handling for volume reduction and/or the possible requirement for a debris transfer station. These tickets shall be used as the basis of any electronic generated billing and/or reports.

o The Contractor shall provide debris load tickets for use through the recovery operations.

o All debris collection and disposal information required by FEMA or other regulatory agencies must be documented on each load ticket.

o The Contractor shall submit all original load tickets to the City.

The Contractor shall reconcile their load ticket copies with City copies no less than one time per week. Discrepancies shall be noted and resolved prior to the next reconciliation period.

An approved and auditable electronic debris ticket database, established through the use of an approved ADMS provided by the City’s debris monitoring contractor, may be used in place of serialized copies of the debris reporting tickets.

6.2 Reports:

Contractor shall submit periodic, written reports to City as requested or required, detailing the progress of debris removal and disposal. These reports may include, but are not limited to:

6.2.1 Daily Reports:

Daily reports may detail the locations where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed of, the total number of personnel crews engaged in debris management operations, and the number of grinders, chippers and mulching machines in operation. Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as may be required to completely describe the daily conduct of Contractor’s operations.

6.2.2 Weekly Summaries:

A summary of all information contained in the daily reports as set out in Section

6.2.1 of this Contract or in a format required by City.

6.2.3 Report Delivery:

The scheduling, point of delivery, and receiving personnel for the debris operations report will be directed by City in consultation with Contractor.

6.2.4 Final Project Closeout:

Upon final inspection and/or closeout of the project by City, Contractor shall prepare and submit a detailed description of all debris management activities to include, but not be limited to the total volume, by type of debris hauled, reduced and/or disposed of, plus the total cost of the project invoiced to City. Contract will provide any other additional information as may be necessary to adequately document the conduct of the debris management operations for City and/or government.

6.3 Additional Supporting Documentation:

Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements, and any other services provided by

Contractor as may be required by City and/or other governmental entity to support requests for debris project reimbursement from external funding sources.

6.4 Report Maintenance:

Contractor will be subject to audit by federal, state and local agencies pursuant to this

Contract. Contractor will maintain all reports, records, debris reporting tickets and contract correspondence for a period of not less than three (3) years.

6.5 Contract File Maintenance:

Contractor will maintain this Contract and the invoices that are generated for Contracted services for a period of five (5) years or the period of standard record retention of City, whichever is longer. Public records law requires that all records that are not exempt, must be made available upon request by the public. CITY may unilaterally cancel this contract for refusal to comply with this provision.

7.0 UNIT PRICES and PAYMENTS

(See - Schedule of Values)

7.1 Core Services, Stumps, Hazardous Limbs & Tree Removal

7.2 Specialty Removal & Restoration

7.3 Specialized Labor & Work Crews

7.4 Equipment

7.5 Removal of Derelict Vessels and Other Objects in Waterway

7.6 Billing Cycle:

Contractor shall invoice City on a thirty (30) day basis reflecting the close of business on the last working day of the billing period. Serialized debris reporting tickets and disposal site verification of the actual cubic yardage for each load of debris or itemized stumps will support all invoices. Electronic copies of supporting documentation may be used if approved by the City.

7.7 Ineligible Work:

Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material or stumps as may be determined by City and/or government agency as ineligible debris.

7.7.1 Eligibility Inspections:

Contractor and City or its representatives shall inspect each load to verify that the contents are in accordance with the accepted definition of eligible debris as set out in Section 1.1 of this Contract.

7.7.2 Eligibility Determinations:

If any load is determined to contain material that does not meet the definition of eligible debris, e.g. debris collected from private property or not at the request of the City or its representatives, the load will be directed to an alternate disposal or processing facility. No payment will be approved and Contractor will not invoice

City for ineligible loads. City, through its authorized representative, will be the sole judge as to whether the material conforms to the definition of eligible debris, and its decision will be final.

7.8. Unit Price/Service Negotiations:

Unknown and/or unforeseen events or conditions may require an adjustment to the stated unit prices in Sections 7.1 and 7.2 of this Contract. Any amendments, extensions, or changes to the scope of services or unit prices are subject to full negotiations between

City and Contractor and subject to the review of the government.

In addition, all costs related to labor, materials, and equipment shall be fair, reasonable, and consistent with costs set forth in the schedule of values and with the most current version of the Federal Emergency Management Agency's Schedule of Equipment Rates, to be applied at all times for implementation of this Contract.

7.9. Specialized Services:

Contractor may invoice City for costs incurred to mobilize and demobilize specialized equipment required to perform services in addition to those specified under Section 1.0 of this Contract. Additional specialized services will only be performed when directed by the

City. The rate for specialized services shall be in accordance with the rates provided in the Schedule of Values. Items not included shall be negotiated and shall be fair and reasonable as determined by the City.

2. Evaluation Criteria

1. Qualifications of Respondents

To demonstrate qualifications to perform the Work, each Respondent must be prepared to submit information pertaining to each criterion. Each Submittal must contain evidence of

Respondent's qualifications to do business in the State of Florida, or covenant to obtain such qualification, prior to award of the contract.

2. Responsiveness

The City will determine whether the respondent complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

3. Responsibility

The City will determine whether the respondent is one with whom it can or should do business.

Factors that the City may evaluate to determine “responsibility” include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, respondent’s record of performance and integrity – e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect and review respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

4. Technical/Qualification Proposal

The City will determine how well proposals meet the requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The Fort Myers

City Council will rank offers using a point ranking system (unless otherwise specified) to conduct the evaluation.

For this Solicitation, the criteria will be evaluated with:

Rating Definition and Criteria Points

Unacceptable The proposal demonstrates an approach which does not meet the requirements and objectives. This approach has multiple weaknesses.

and or multiple deficiencies with minimal strengths. Collectively, the disadvantages are likely to result in unsatisfactory performance. The solutions proposed are considered to reflect very high risk in that they lack any clarity or precision, are unsupported, or indicate a lack of understanding of the requirement.

Risk Level: Very High/Prohibitive

Marginal The proposal demonstrates an approach which may not meet all of the requirements of the solicitation. The proposal may feature some strengths, but there are more weaknesses in the approach, and it may contain a deficiency in one area. Any advantages in this approach are outweighed by disadvantages. Collectively, the advantages and disadvantages pose a significant risk that could cause the respondent to fail to perform satisfactorily.

Risk Level: High

Acceptable The proposal demonstrates an approach which is capable of meeting requirements and objectives. The approach has both strengths and weakness, but still no deficiencies. The proposal does provide both advantages, and disadvantages; however, the disadvantages do not outweigh the advantages, and the approach is expected to result in satisfactory performance. The solutions proposed are considered to reflect moderate risk. The proposal is clear, precise, supported, and demonstrates a general understanding of all the requirements.

Risk Level: Moderate

2-3

Good The proposal demonstrates a sound approach which is expected to exceed all requirements and objectives. The proposed approach includes multiple strengths, only a few minor weaknesses, and no deficiencies. The proposal provides, advantages, and few disadvantages which collectively can be expected to result in better than satisfactory performance. The solutions proposed are considered low risk. The proposal is clear and precise, supported, and demonstrates a clear understanding of the requirements.

Risk Level: Low

Outstanding The proposal has exceptional merit and reflects an excellent approach which should result in successfully exceeding all requirements and objectives. The proposed approach includes numerous strengths, and no weaknesses, or deficiencies. The solution proposed are low risk. The proposal is clear, and precise, fully supported, and demonstrates a complete understanding of the requirements.

Risk Level – Very Low

Double the points above if a 10-point scale, triple if 15, etc.

5. Best and Final Offers

The City may request best & final offers and will determine the scope and subject of any best & final request. The Respondent should not expect that the City will ask for best & finals. The

Respondent should submit their best offer based on the terms and conditions set forth in this

Solicitation.

6. Proposal Advisory Committee and Evaluation Process Initial Review of Responses

Procurement Services will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria and review of the MBE and Local preference if applicable.

Advisory Committee

An Advisory Committee (hereinafter referred to as “the Committee”) consisting of at least three

(3) members will be established to review, discuss, and evaluate all responsive Proposals submitted in response to this Request for Proposals (RFP). The Committee may utilize City staff and/or consultants who are not members to advise and assist the Committee in its review of the Proposals.

Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this solicitation. Upon short listing by the Committee, only those Proposers short listed shall remain eligible for further evaluation and consideration by the Committee.

Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible

Proposers who submit Proposals determined to be acceptable of being selected for award.

Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to short listed Proposers.