Emergency_Debris_Management_and_Removal_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2024-070

EMERGENCY DEBRIS MANAGEMENT AND REMOVAL

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: April 28, 2024

DEADLINE FOR QUESTIONS: May 10, 2024

RESPONSE DEADLINE: May 30, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stcloud

City of St. Cloud

REQUEST FOR PROPOSAL

Emergency Debris Management and Removal

I. INTRODUCTION

II. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

III. PROPOSAL CONTENT / FORMAT

IV. PROPOSAL PRICING

V. INSTRUCTIONS TO BIDDERS

VI. EVALUATION CRITERIA

VII. INSURANCE REQUIREMENTS

VIII. FEDERAL REQUIREMENTS

IX. GENERAL TERMS AND CONDITIONS

Attachments:

A - Sample Agreement

B - Acord Certificate of Insurance Sample

C - No Response Form

Request For Proposal #2024-070 Title: Emergency Debris Management and Removal

1. INTRODUCTION

1.1. Summary

A. SCOPE OF SERVICES SUMMARY

The City of St. Cloud, in accordance with Florida Statutes 287.055, is seeking to retain the services of qualified and experienced Contractors for Emergency Debris Management and

Removal on an “as needed” basis, as specified in the Detailed Scope of Services and

Requirements Section of this RFP document. The successful proposer shall prove by their qualifications, experience, and plan for the work, that they will best serve the overall needs of the City. The selection of the successful proposers shall be at the City’s discretion and shall be made in a prompt manner after receipt and evaluation of all responses. If you are interested in preparing a response to this RFP, please complete all the requirements set forth in this RFP document. Under the proposal process, the stipulations set forth herein are fully binding on the proposer to the extent that you confirm acceptance by your electronic signature on the

Respondent’s Certification.

B. PRE-RESPONSE CONFERENCE

A pre-response conference is not required for this RFP.

C. CONTRACT FOR SERVICES

After selection of Contractors by the City, each Contractor will be required to negotiate and execute an Agreement with the City.

D. MINIMUM BIDDER QUALIFICATIONS

In order for a Proposal to be considered by the City, Proposers shall demonstrate, in their proposals, compliance with the following minimum requirements:

o Contractor must demonstrate qualifications and experience in providing professional professional disaster-related emergency debris removal services services.

o Contractor licensed to do business in the State of Florida.

E. FUND AVAILABILITY

Any Contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of St. Cloud abides by the provisions set forth in Florida Statutes relative to appropriations of funds. The ability of the successful Proposer to maintain a sense of fiscal responsibility and budgetary awareness shall be favorably considered in the ranking and award of a contract. This disclosure is being made to assist all Proposers in the gauging of their desire to participate in this Proposal and in the planning and preparation of their written response. The

City reserves the right to negotiate all Proposer fees, costs, charges, for any proposed services or appurtenant requirement.

F. PERSONNEL

The work shall be performed and directed by the key personnel identified in the submittal from the awarded firm or individual in response to this RFP. The awarded firm or individual shall not subcontract, assign or transfer any work under the agreement without the prior written consent of the City. Subcontractors must be identified in the submittal and shall be subject to the approval of the City. Any changes in the identified personnel shall be subject to the prior review and approval of the City. When directed by the City, subcontractors personnel whose performance or behavior is determined to be unsatisfactory shall be immediately removed. The awarded firm or individual shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under the agreement.

1.2. Background

The City of St. Cloud is a community of approximately 64,000 residents, covering approximately 20 square miles in Osceola County, located in Central Florida. To obtain general information about the City of St. Cloud, access www.stcloudfl.org.

1.3. Contact Information

Procurement Services

Procurement Services

1300 9th Street

Building A, 2nd Floor

St. Cloud, FL 34769

Email: purchasing@stcloudfl.gov

Phone: (407) 957-7212

Department:

Public Works

Department Head:

Kevin Felblinger

Interim Public Works Director

1.4. Timeline

Release Project Date April 28, 2024

Question Submission Deadline May 10, 2024, 5:00pm

Proposal Submission Deadline May 30, 2024, 2:00pm http://www.stcloud.org/ mailto:purchasing@stcloudfl.gov tel:(407)957-7212

2. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

2.1. SPECIFICATIONS / SCOPE OF SERVICE

The City of St. Cloud, Florida (hereinafter referred to as “CITY”) is requesting proposals from qualified

CONTRACTORS to enter into a pre-event contract for Debris Management and Removal, meeting the

Scope of Services of this Request for Proposal (RFP). This statement of work describes and defines the services which are required for the execution of disaster-related emergency debris removal from the public and private roadways within the CITY limits. The CONTRACTOR shall provide all services described herein and any other services required to complete the project. Activities include, but are not limited to, tree trimming (cut and toss), field operations, debris pickup, debris hauling and removal, debris staging and reduction, temporary debris storage site management and debris management. All debris removal and disposal management services shall be in accordance with all applicable federal, state, and local laws, and environmental regulations. Proper documentation as required by Federal Highway

Administration (FHWA), Federal Emergency Management Agency (FEMA) or any other federal natural disaster response agency shall be provided for all debris removal operations to ensure reimbursement to the CITY from the appropriate federal agency.

The CITY, at its sole discretion, may award one or more contracts based on the proposals received and the impact of natural disasters encountered. If more than one award is made, such award will be to the highest-ranked proposer, and then to the next highest-ranked proposer(s) based on availability of the proposers and the proposer’s ability to satisfy the needs of the CITY at the time contacted.

2.2. SERVICES TO BE PROVIDED BY THE CONTRACTOR

1. Field Operations

The following listed services shall be performed by the CONTRACTOR in the presence of the CITY personnel or their designated representative:

• Provide equipment, labor, and materials necessary to perform tree trimming (cut and toss) for clearing of the pavement area of the roadways as directed. “Cut and toss” is defined as cutting and/or pushing the debris off of the roadway sufficiently to allow safe vehicular traffic on all lanes. The services include, but are not limited to, cutting and removing vegetative debris and other debris to a point two feet beyond the curb and gutter section or to a point two feet beyond the edge of pavement (i.e., 2 feet beyond the paved shoulder or edge of turn lane(s), whichever is further) and vertical clearance of 16 feet as needed. Each crew shall include rubber tire equipment - including operators, two chain saw operators with chain saws, superintendent with vehicle and cell phone. The work will begin upon written authorization by the CITY. Pay starts when Contractor’s crew(s) arrive at site and start performing the operation. No guarantee of minimum or maximum amounts per proposal item is made by the CITY in any resulting contract.

• Provide equipment, labor, and materials necessary to perform the “first pass” and all subsequent passes directed by CITY personnel or their designated representative. “First pass” is defined as removing all debris on the affected roadways from within the rights-of-way as directed and authorized by the CITY, FHWA, FEMA and their authorized representatives. The work associated with “first pass” and subsequent passes, includes but is not limited to: cutting fallen vegetative debris; picking up and loading vegetative, construction and demolition (C&D), and hazardous materials; hauling materials to either a temporary debris staging and reduction site or to final legal disposal site; volume reduction at the temporary debris staging and reduction site;

and final hauling and disposal at an appropriate landfill or “waste-to-energy” facility.

• The CONTRACTOR is required to process a minimum quantity of debris (cubic yards or tons) per calendar day, to be determined by the CITY after the disaster based on location and size of debris field. (For reference, in 2017 the CITY collected approximately 45,000 CY of debris.) The minimum required reduction/disposal rate shall be achieved no later than the third calendar day after the first load of debris is accepted into the Temporary Debris Storage and Reduction (TDSR) site for processing. Liquidated damages shall be assessed at $1,000 per calendar day for any day in which the minimum processing rate is not met, unless non-compliance is due to insufficient debris quantities being delivered to the site. The production rates for reduction will be determined during the initial seven (7) day planning stage following the disaster.

• Disaster-related debris shall be separated into clean vegetative, construction and demolition (C&D), white metal, or hazardous waste at the collection sites and hauled separately to the TDSR site to ensure a smooth flow of traffic at the TDSR site.

• All debris shall be mechanically loaded and reasonably compacted. “Hand loading” is not permitted under this contract without the approval of the CITY.

• Once road priorities are established by the CITY or its representative, crews shall be required to complete entire sectors and/or corridors prior to moving on to other areas. No streets should be bypassed based on quantity of debris alone.

• Provide labor, equipment, and materials necessary to remove all stumps authorized by the CITY, FHWA and FEMA. Stump removal operations shall be in accordance with FHWA and

FEMA guidelines.

• Work shall include the removal and disposal of hazardous hanging limbs in public rights-of-way and/or on private property at the direction of the CITY. The CONTRACTOR shall provide all management, supervision, labor, machines, tools, and equipment necessary to safely perform the removal of hanging limbs.

• Coordinate with utility companies, as required, to permit safe removal of debris.

• Provide a means for the CITY or their designated representative to measure and certify all trucks. All TDSR sites shall be equipped with at least one tower from which monitors can safely view contents on each load and determine capacities of each load entering and exiting the TDSR.

• Provide traffic control (day and/or night). The CONTRACTOR shall be responsible for the control of pedestrian and vehicular traffic in the work area (Maintenance of Traffic - MOT). This includes the entrance and exit at any TDSR site. At a minimum, one flag person should be posted at each approach to the work area.

• Provide a means for securing all TDSR sites, throughout the life of the contract, to ensure no unauthorized or illegal dumping can occur at the site.

• Vacuum inlets and sweep curb and gutter sections.

• Damaged trees and exposed roots are to be removed to ground level.

• Remove leaning trees which are hazardous. Compensation will be per tree (Each).

• Remove leaning trees which are not an immediate hazard only when directed by the CITY or their designated representative. Compensation will be by stump removal (if applicable) and debris removal (cubic yard or ton).

• Remove hanging limbs which are hazardous. Compensation will be per limb (Each).

• Fill any holes left by removed trees. The cost of borrow required for fill will be included in the cost of proposal items.

• For trees, limbs, and stumps, provide services and documentation according to and in compliance with FEMA publication 9580.204.

• Ensure all contractor and subcontractor personnel have and utilize personal protective safety gear in accordance with OSHA requirements and company safety policies.

2. Staging/Reduction

• Secure the necessary permits for the TDSR sites or any non-City approved sites from the appropriate regulatory agencies, prepare and manage the TDSR sites, and when operations are complete, return all TDSR sites to their original condition to the satisfaction of the CITY and the regulatory agencies. Perform any testing required or requested by the regulatory agencies to ensure TDSR’s have not been contaminated.

• The CONTRACTOR will be required to construct a containment area at the TDSR site to store hazardous and/or toxic waste materials. This containment area will consist of an earthen berm with a non-permeable soil liner. The containment area must be covered at all times with a non-permeable cover.

• The CITY has requested the hauling in the Proposal to be priced “per cubic yard” and “per ton.” Should the CITY decide to use the “per ton” method of payment, the CONTRACTOR shall provide a temporary scale at the TDSR site and include the cost in the “per ton” unit price.

• Provide, operate, and maintain equipment for debris reduction.

• Maintain segregation of debris (vegetative vs. non-vegetative).

• Reduce and dispose of any vegetative debris hauled by the CITY crews to the TDSR’s.

• White goods and hazardous household waste shall be recycled in accordance with all federal, state, and local rules, regulations, and laws. White goods and hazardous household waste include washing machines, clothes dryers, dehumidifiers, dishwashers, gas and electric stoves, televisions, computer monitors, refrigerators, freezers, window air conditioners, and water heaters or coolers.

• Remove and recover freon from any white goods and hazardous household waste, such as refrigerators, freezers, or air conditioners at the final disposal site in accordance with federal, state and local rules, regulations, and laws.

• Construction & Demolition debris shall be hauled directly to a licensed Florida

Department of Environmental Protection (FDEP) and Environmental Protection Agency (EPA) disposal facility. Tipping fees shall be reimbursed at cost, no mark-up allowed.

• The contractor shall maintain the debris onsite until it is hauled offsite. The staging site maintenance shall include creating an onsite haul route, piling/stockpiling the debris, and grading the site to allow for vehicle access. The cost for this maintenance shall be paid only once per unit and the contractor will not be paid for the same cubic yards/tonnage multiple times if the debris is handled onsite multiple times.

3. Administration and Paperwork

• Within five (5) days after commencement of any services pursuant to this contract, and at all times during the term hereof, including renewals and extensions, the CONTRACTOR will supply to the CITY and keep in force payment and performance bonds (on forms provided by the

CITY), payable to the order of the City of St. Cloud. Each performance and payment bond will be in the amount of two hundred fifty thousand dollars ($250,000.00), conditioned for the prompt payment of all persons furnishing labor, materials, equipment and supplies therefor.

• Five (5) part debris tickets will be provided by the CONTRACTOR. Tickets are to be pre-numbered and sequential to properly document work in accordance with the CITY, FHWA and

FEMA requirements.

• The CONTRACTOR shall be responsible for the preparation of all invoices in a format acceptable to the CITY and in accordance with federal, state and local rules, regulations and laws.

Invoices shall include original receipts and all backup necessary to support the quantities and amounts invoiced.

• Payment for completed work shall be invoiced on a monthly basis. Invoices shall be based on verified quantities from the daily reports submitted by the CONTRACTOR. No payment request will be approved without CITY Representative’s signature. No adjustment to proposal prices will be considered due to increases or decreases in estimated quantities.

2.3. SERVICES TO BE PROVIDED BY THE CITY

1. Field Operations

• Identify and evaluate the scope of the post-disaster debris problem.

• Provide inspection for all contractor operations.

• Provide field inspectors in sufficient numbers to adequately monitor all field operations.

Such work will not exceed limits defined by FHWA and/or FEMA eligibility criteria. The number of inspectors per crew shall vary based on need.

• CITY personnel or their designated representative shall give direction to the CONTRACTOR identifying the roads and limits the CONTRACTOR will be responsible for within the CITY. The CITY reserves the right to add or delete roadway segments at the direction of the personnel designated by the CITY at no additional cost to the CITY. The CITY, at its sole discretion, may elect to perform work with in-house forces or additional contract forces.

• Identify and prioritize removal from CITY roadways authorized by CITY personnel or its designated representative. Prioritization of debris removal will be based on a “sector approach”

(as opposed to site to site). Once priorities are established, crews are required to complete entire sectors or corridors prior to moving on to other areas. No streets should be bypassed based on quantity of debris alone, unless directed by the CITY personnel or their designated representative:

• Ensure no pickup of unauthorized debris by the CONTRACTOR and his subcontractors unless directed by the CITY.

2. Staging/Reduction

• Identify potential staging areas for debris stockpiling and reduction. There is no guarantee as to availability or suitability.

• Provide one Quality Control Tower Monitor per tower to observe and record truck quantity estimates.

• Ensure that all field crew personnel have and utilize personal protective safety gear in accordance with OSHA requirements and CITY safety policies.

3. Administration and Paperwork

• Spreadsheet format for invoices will be provided to properly document the contract work in accordance with the CITY, FHWA and FEMA requirements.

2.4. PAYMENT

• Payment, less applicable retainage, will be made in accordance with the Fee Rates shown on the proposal form. Such payment will be full and complete payment for all work performed as required in the Scope of Services. Submittal prices shall include all direct costs for performing the work, as well as all indirect costs including, but not limited to, administrative costs and all overhead(s) and profit(s).

• The CITY will not provide price adjustments for cost increases or decreases in the price of fuel.

• A lump sum retainage of $10,000 per TDSR (staging area) will be held from the total invoice of work performed at the staging areas until the staging area is restored to its original condition or as otherwise mutually agreed. The lump sum amount will be withheld from the first invoice submitted. The CONTRACTOR may post a bond in lieu of such retainage. However, the bond(s) must be posted prior to work beginning at the TDSR.

• The proposal items listed in the proposal form include compensation for all work required in the Scope of Services.

• The preferred method of payment by the CITY of St. Cloud is via electronic funds transfer

(EFT) or by P-Card.

3. PROPOSAL CONTENT / FORMAT

In order to achieve a more consistent evaluation of all proposals, proposals shall be submitted in the following format and include the following information:

3.1. DBA*

*Response required

3.2. Authorized Representative Name/Title*

*Response required

3.3. Federal Employer Identification Number (FEIN)*

Verfied in SunBiz

*Response required

3.4. PROPOSAL*

A. TITLE PAGE

1. The title page shall list the subject “RFP NO.2024-070 Emergency Debris Management and

Removal” It shall also contain the proposing firm’s full legal name, physical address, mailing address (if different than physical address), telephone number and e-mail address, as well as the name, address, telephone and/or cell phone number, and e-mail address of a contact person.

B. TABLE OF CONTENTS

1. The table of contents shall list all major topics with their corresponding section title or heading and beginning page number.

C. INTRODUCTORY LETTER

1. Describe information about your Firm and explain why your Firm is best suited to meet the services for this RFP.

D. QUALIFICATIONS AND EXPERIENCE

1. All firms that submit a proposal shall meet, but not be limited to, the following minimum qualifications:

a. Provide an overview of the firm’s history, capability and business ability relative to the

City’s requirements demonstrating expertise in emergency debris management and removal services.

b. Describe your firm’s qualifications in providing emergency debris management and removal services relative to the scope of services provided.

c. Provide a comprehensive list of contracts (current and prior three years) represented by type of event, contract value, duration of contract, and interaction with FEMA and or

FHWA (list on separate sheet and include with RFP submittal).

d. Provide a minimum of five (5) references within the State of Florida of current and ongoing contracts similar in size and scope to the Scope of Work indicated in this RFP including, but not limited to, any experience providing the requested services to a public agency, for a minimum of twelve consecutive months (submit on “References” sheet provided in RFP). Do not include the City of St. Cloud as a reference.

e. Indicate specifically the personnel who will have primary responsibility for the City’s contract. Also indicate all key individuals and their tasks and/or areas of expertise.

Provide Team Organizational Chart and a comprehensive list of equipment available for use with this contract.

f. Identify any subcontractors and the percentage of work to be completed by sub-contractors who are to participate in providing services. This must include the respective tasks or disciplines they are to perform and evidence of their qualifications.

The primary contractor is required to perform at least 30% of the work with its own forces. If subcontracts are to be let, Contractor will take "Five Affirmative Steps" per 2

CFR 200.321. Contractor agrees to ensure that DBE’s have the opportunity to participate in the performance of the resulting agreement. Contractor shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE’s have the opportunity to compete for and perform contracts. The

Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts entered pursuant to this resulting agreement.

Furthermore, Contractor agrees that each contract signed with a recipient subcontractor must include the following assurance: “Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Subcontractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate".

g. Proposers are required to submit a statement from a qualified Surety company indicating the bonding capacity of the Contractor to demonstrate their current financial condition and stability.

h. Provide a copy of your current certificate of insurance. During the entire period of performance of any contract resulting from this solicitation, the successful Proposer shall procure and maintain the minimum insurance coverage required by the City of St.

Cloud as stipulated in the insurance attachment. Policies other than Workers’

Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the company by the Department of Insurance of the State of Florida to conduct business in the State of Florida, with a minimum A.M. Best rating of VII/A-.

Proof of such insurance must be provided to the City prior to beginning contract performance.

i. State that the business is licensed, permitted, and/or certified to do business in the

State of Florida. All required federal, state, and local licenses and permits shall be kept in force during the term(s) of the contract. Copies of all required licenses are to be provided with Consultant’s submittal.

j. Provide a statement as to whether the proposer has, in the last five years, been a party to a lawsuit of any kind related to, in any manner, the type of services requested in this

RFP. If any such litigation exists, provide a statement as to legal style of the matter, the jurisdiction in which it was filed and the status.

E. PROJECT UNDERSTANDING AND PROPOSED APPROACH

1. Proposer a description of the firm's general approach to the proposed scope of services to include team organization, staff assignments, schedules, quality assurance and accountability.

2. Describe the firm's response and service if multiple cities and counties were in need.

*Response required

3.5. PRICE PROPOSAL*

*Response required

3.6. ADDITIONAL DATA TO SUPPORT PROPOSAL*

Provide a copy of your current certificate of insurance. During the entire period of performance of any contract resulting from this solicitation, the successful Proposer shall procure and maintain the minimum insurance coverage required by the City of St. Cloud as stipulated in the Insurance

Requirements Section. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the company by the Department of Insurance of the State of Florida to conduct business in the State of Florida, with a minimum A.M. Best rating of

VII/A-. Proof of such insurance must be provided to the City prior to beginning contract performance.

*Response required

3.7. COMPLIANCE FORMS

3.7.1. Respondent's Certification*

I have carefully examined the Invitation to Bid.

I hereby propose to furnish the services specified in the Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to award bid.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.7.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

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 of 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 or of the United

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 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 trial 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 non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A. A predecessor or successor of a person convicted of a public entity crime; or

B. An 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, executives, 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 market value under an arm’s length agreement, shall be a prima 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.

I understand that a “person” as defined in Paragraph 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 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 “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement below is true in relations to the entity submitting this sworn statement. (Indicate which statement applies).

□ Neither the entity submitting this sworn statement, nor any of its 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.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 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.

☐ Please confirm

*Response required

3.7.3. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* I, being duly first sworn state: That the named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections

225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and

Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous

Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section

553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal

Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42USC Section 3601-

☐ Please confirm

*Response required

3.7.4. Business Entity Affidavit (Vendor/Bidder Disclosure)*

OWNERSHIP DISCLOSURE AFFIDAVIT

A. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name:

Address:

Ownership %:

The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows

3.7.5. City of St. Cloud Drug Free Workplace Compliance Form* Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does): (Name of Business)

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I confirm that this form complies fully with the above requirements.

3.7.6. No Lobbying Affidavit*

I confirm that I am an authorized representative, maker of the attached submittal made in response to a request for bid, proposals, qualifications and/or any other solicitation released by the City of St. Cloud, and swear that the bidder and any of its agents agrees to abide by the City of St. Cloud’s no lobbying restrictions in regard to this solicitation

☐ Please confirm

*Response required

3.7.7. Certification for Contracts, Grants, Loans, and Cooperative Agreements* The undersigned certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor hereby certifies and attests to the accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

3.7.8. Vendor Certification of Scrutinized Companies Lists*

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

I confirm that I am authorized to sign on behalf of the referenced company and certify acknowledgement and acceptance that the above statement is true.

3.7.9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85,668,682), Department of Health and Human Services (45 CFR Part 76).

I, the prospective bidder certify to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements , or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses enumerated in paragraph (B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not the City will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

☐ Please confirm

*Response required

3.7.10. E-Verify Compliance Form*

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.

Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the

Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the

U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

3.7.11. Federal Requirements (If Applicable)

Please review and confirm the acceptance of the Federal Requirements. #Federal Requirements

☐ Please confirm

3.7.12. General Terms and Conditions

Please review and confirm the acceptance of the General Terms and Conditions.

☐ Please confirm

3.8. Additional Documents

3.8.1. PROPRIETARY INFORMATION

https://procurement.opengov.com/portal/stcloud/projects/91403?section=undefined

4. PROPOSAL PRICING

2027-070 EMERGENCY DEBRIS MANAGEMENT AND REMOVAL

SUBMITTAL PRICES SHALL INCLUDE ALL DIRECT COSTS FOR PERFORMING THE WORK, AS WELL AS ALL

INDIRECT COSTS INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE COSTS, MAINTENANCE OF

TRAFFIC (IF APPLICABLE), AND ALL OVERHEAD AND PROFIT.

Line Item Description Unit of Measure Price Per UOM

PHASE I: CUT, TOSS, AND PUSH DEBRIS FROM ROADWAY (WORK PERFORMED DURING THE FIRST 70 HOURS

OF ACTUAL WORK FOLLOWING A DISASTER. *PAY STARTS WHEN CONTRACTOR'S CREW(S) ARRIVE AT SITE.)

1 Cut, toss, and push debris from roadway. (Crew includes: rubber-tired front-end loader (3-5 yard capacity), including operator, two (2) chain saw operators with chain saws, and superintendent with vehicle and cellular phone. *Pay starts when

Contractor's crew(s) arrive at site. Proposal award will be based on the per crew hourly rate.

Crew/Hour

PHASE I: COLLECTION, HAULING TO STAGING SITE, REDUCTION

2A Loading and Hauling Vegetative Debris to a TDSR Site (0-

15 miles) Cubic Yard

2B Loading and Hauling Vegetative Debris to a TDSR Site (0-

15 miles) Per Ton

3A Reduction by Grinding at the TDSR Site Cubic Yard

3B Reduction by Grinding at the TDSR Site Per Ton

4A Reduction by Incineration at the TDSR Site Cubic Yard

4B Reduction by Incineration at the TDSR Site Per Ton

5 < 24" Diameter Stump Removal Included in Bid

Items 2A and 2B

6 24”-48” Diameter Stump Removal Per Stump

7 > 48” Diameter Stump Removal Per Stump

8 Sweeping Curb and Gutter Hour

Line Item Description Unit of Measure Price Per UOM

9 Vacuum Inlets Hour

10A Removal of Hanging Limbs (>2” @ break) Per Limb

10B Removal of Hanging Limbs (<2” @ break) Per Limb

11 Leaning Trees (>6” @ 4.5’ above ground) Per Tree

12A Loading and Hauling C&D debris to a TDSR Site (0-15 miles) Cubic Yard

12B Loading and Hauling C&D debris to a TDSR Site (0-15 miles) Per Ton

13A Loading and Hauling White Goods to a TDSR Site (0-15 miles) Cubic Yard

13B Loading and Hauling White Goods to a TDSR Site (0-15 miles) Per Ton

14 Freon Recovery Each

15A Loading and Hauling Hazardous Debris to a TDSR (0-15 miles) Cubic Yard

15B Loading and Hauling Hazardous Debris to a TDSR (0-15 miles) Per Ton

PHASE I: STAGING SITE MAINTENACE

16A Staging Site Maintenance Cubic Yard

16B Staging Site Maintenance Per Ton

PHASE II: LOADING OF REDUCED MATERIAL, C&D DEBRIS, WHITE GOODS, HAZARDOUS MATERIALS, FINAL

DISPOSAL

17A Loading and Hauling Reductions to Final Disposition Site

(0-20 miles) Cubic Yard

17B Loading and Hauling Reductions to Final Disposition Site

(0-20 miles) Per Ton

Line Item Description Unit of Measure Price Per UOM

18A Loading and Hauling Reductions to Final Disposition Site

(20.1-40 miles) Cubic Yard

18B Loading and Hauling Reductions to Final Disposition Site

(20.1-40 miles) Per Ton

19A Loading and Hauling C&D Debris to Final Disposition Site

(0-20 miles) Cubic Yard

19B Loading and Hauling C&D Debris to Final Disposition Site

(0-20 miles) Per Ton

20A Loading and Hauling C&D Debris to Final Disposition Site

(20.1-40 miles) Cubic Yard

20B Loading and Hauling C&D Debris to Final Disposition Site

(20.1-40 miles) Per Ton

21A Loading and Hauling White Goods to Final Disposition

Site (0-20 miles) Cubic Yard

21B Loading and Hauling White Goods to Final Disposition

Site (0-20 miles) Per Ton

22A Loading and Hauling White Goods to Final Disposition

Site (20.1-40 miles) Cubic Yard

22B Loading and Hauling White Goods to Final Disposition

Site (20.1-40 miles) Per Ton

23A Loading and Hauling Hazardous Materials to Final

Disposition Site (0-20 miles) Cubic Yard

23B Loading and Hauling Hazardous Materials to Final

Disposition Site (0-20 miles) Per Ton

24A Loading and Hauling Hazardous Materials to Final

Disposition Site (20.1-40 miles) Cubic Yard

24B Loading and Hauling Hazardous Materials to Final

Disposition Site (20.1-40 miles) Per Ton

25 Disposal/Tipping Fees Actual Cost

5. INSTRUCTIONS TO BIDDERS

5.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

B. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s

Public Records law or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet…