RFP2025-006_Emergency_Response__Recovery_Services.pdf

* REQUEST FOR PROPOSAL *

I. The CITY OF KISSIMMEE is seeking SEALED PROPOSALS on the following:

Request for Proposal Number RFP2025-006 Emergency Response & Recovery Services

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, five (5) copies and (1) electronic copy.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 PM, May 1, 2025.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance

Department 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 PM, May 1, 2025.

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal's name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their proposal.

Brandon Durango Procurement Manager

General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the proposer’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the proposer’s schedule. Each proposer is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Proposers should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING

The unit price for each item being proposed will be shown on the Proposal Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Proposal Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dates must be shown on the proposal, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the successful proposer for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The proposer in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

1.7 DISCOUNTS

Proposers may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest proposals offered. Any other discounts should be reflected in the unit price proposal.

1.8 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factors: price;

quality of product offered; compliance with specifications; delivery; reputation of the proposal;

previous contract’ proximity of parts and service; compatibility with similar, existing products; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible proposer complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis;

and accept the proposal which in its judgment, best services the interest of the City of Kissimmee.

Proposers are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal.

Questions regarding the status of any proposal should be directed to the Purchasing Agent.

Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal. The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the proposer. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the proposer’s request and at the proposers’ expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES

Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the proposal. The City of Kissimmee reserves the sole right of final determination of product equivalency.

1.13 WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages.

However, it shall be the proposer’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addendum have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.15 PROPOSERS CERTIFICATION

By signature on this proposal, proposer certifies or in the case of a joint proposal each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the proposer has not divulged or discussed his offer with other proposers.

C. Prices offered have been determined independently without collusion with other proposers for the purpose of restricting competition.

D. No attempt has been made to induce any potential proposer to submit or decline to submit an offer in response to this solicitation.

1.16 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Proposers” form. Failure to return the form may result in your omission from future proposal lists.

1.17 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by the Contractor.

The Act specific deals with performing background checks on all individuals given access to school districts campuses.

1.18 PROTEST

Any protest must be made within three (3) days following posting of the proposal award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn:

Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a http://www.kissimmee.gov/ public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY: The Contractor will indemnify and hold harmless the City of Kissimmee from and against all claims, damage loss, and expenses arising out of, or resulting from, the performance of their operations under this contract.

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

• All employees on the job and all other persons who may be affected thereby.

• All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and

• Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

2.3 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications of this solicitation may be addressed in writing, not less than ten (10) days before the scheduled proposal opening, to procurement@kissimmee.gov.

Questions of a non-technical nature regarding the general or special conditions of this solicitation should be addressed in writing, not later than ten (10) days prior to the proposal opening date to the Purchasing Coordinator – Debbie Luke, City of Kissimmee Finance Department 4th Floor Attn:

Purchasing Division, 101 Church Street, Kissimmee FL 34741, ph# 407-518-2214.

However, unless modified by a written addendum issued by the Purchasing Agent, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Agent for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

2.4 No minor children are permitted to accompany proposers during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page http://www.kissimmee.gov, under the Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers, who do not have Internet access, may request mailto:procurement@kissimmee.gov http://www.kissimmee.gov/ a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 PAYMENT AND PERFORMANCE BOND: This contract requires all bidders to provide copies of references, licenses, financial records, Payment and Performance Bonds and insurance coverage in amounts adequate to insure/secure job completion.

2.7 TERMINATION FOR CONVENIENCE CLAUSE: The City of Kissimmee may terminate this contract at any time for any reason.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

*NOTICE*

RFP2025-006

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: ( )_______________________ Fax Number: ( )_______________________ Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: ______________________________________________

Signature

IDENTICAL TIE PROPOSALS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, 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 proposal 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 proposals 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:

1) 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.

2) 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.

3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1).

4) 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 proposal, 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 contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than 5 days after such conviction.

5) 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.

6) 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 certify that this firm complies fully with the above requirements.

Vendor's Signature

RFP #2025-006

CITY OF KISSIMMEE, FLORIDA

EMERGENCY RESPONSE AND RECOVERY SERVICES

TABLE OF CONTENTS

PART I: GENERAL REQUIREMENTS

PART II: PURPOSE AND SCOPE OF SERVICES

A. PURPOSE

B. SCOPE OF SERVICES

C. PERFORMANCE OF SERVICES

D. STANDARDS OF PERFORMANCE

E. GENERAL RESPONSIBILITIES

F. GENERAL TERMS AND CONDITIONS

G. REPORTS, CERTIFICATIONS AND DOCUMENTATION

H. DATA MANAGEMENT AND DOCUMENTATION………………………25

I. OPTIONAL SERVICES

PART III: SUBMISSION REQUIREMENTS

A. SUBMISSION REQUIREMENTS

B. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH

PROPOSALS

C. GENERAL INFORMATION AND SCHEDULE

D. OTHER CONSIDERATIONS

E. EVALUATION CRITERIA

F. SELECTION PROCESS

G. EQUAL EMPLOYMENT OPPORTUNITY

H. PROMPT PAYMENT: LATE PAYMENTS BY CONTRACTOR TO

SUBCONTRACTOR, MATERIAL SUPPLIERS; PENALTY

I. INSURANCE REQUIREMENTS

J. PROTEST

K. DECLARATION

ATTACHMENT A: UNIT COSTS

ATTACHMENT B: STANDARDIZED LOAD TICKET

ATTACHMENT C: DISCLOSURE STATEMENT

ATTACHMENT D: HOLD HARMLESS AND INDEMNITY CLAUSE…….50

RFP #2025-006

CITY OF KISSIMMEE, FLORIDA

EMERGENCY RESPONSE AND RECOVERY SERVICES

PART II: PURPOSE AND SCOPE OF SERVICES

A. PURPOSE

The City of Kissimmee is hereby requesting proposals from qualified vendors, hereafter referred to as Contractor, to establish primary and secondary pre-need pre-position contracts for Emergency Response and Recovery Services to assist in a variety of disaster related services.

Services to be provided shall include but not be limited to large scale debris removal, separation, staging, and disposal; demolition work, construction and demolition debris removal; hazardous waste handling; tree trimming, erection, stump grinding and removal.

Contractor shall supply its own emergency housing, power, communications, food, water, ice and other services and supplies as needed during a recovery period. Although this contract shall not be considered exclusive and the City retains the right to obtain similar services from additional contractors, the contractor may be called upon throughout the year to render services to assist the City with special needs and events for other than full-scale disasters.

The contractor shall provide its own technical guidance and consultation before, during and after the disaster event, shall provide administrative support, on site management staff to work with City Officials and field supervisors, and provide all necessary operators, drivers, laborers along with appropriate vehicles, equipment and hand tools to ensure a successful recovery operation.

These services will only be required when an emergency situation exists, which threatens the life, safety or welfare of its citizens; i.e. hurricane/disaster recovery. The City of Kissimmee is under no obligation, either written or implied; absolutely no work shall proceed until the City has issued a written Notice to Proceed for this contract.

The City will be the sole judge if an emergency exists.

The City reserves the right to make multiple awards by category if deemed in the City's best interest.

Contractors shall document all services that may be required and offered due to a post-hurricane/disaster event, including all pertinent information.

The term of this contract shall be for a period of two (2) year beginning upon date of award or expiration of current contract, whichever is later. The City may renew this contract for two (2) additional two (2) year periods subject to contractor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an addendum to this contract and such addendum shall be executed by both parties. Renewal of the contract shall be subject to appropriation of funds by the City of Kissimmee. The City of Kissimmee reserves the right to terminate this agreement immediately with or without cause.

The intent of the solicitation is to provide the City of Kissimmee with the means to provide disaster services, to include debris management, cleanup, repairs, transportation, stockpiling, hazardous waste containment, disposal and additional identified services as required in cases of natural disasters through the use of a "maximum fixed price service" contract based on established unit prices.

General Information

Contact for Public Works is as follows:

Ashley L. Willis, Director/City Engineer, Public Works and Engineering Phone: 407-518-2177 Email: ashley.willis@kissimmee.gov

Pricing Structure

The Federal Emergency Management Agency, herein after referred to as FEMA, has established a set of cost codes by region and state known currently as FEMA Cost Code Listing. The maximum allowed unit prices for performing work will be based on these cost codes, unit of measures, and unit (cubic yard) prices. In the event that based on the nature of the disaster the current FEMA Cost Code Listing is not sufficient, the City Manager or her or his designee shall increase the FEMA Cost Code Listing's unit prices by a specific percentage applicable to the need.

These maximum unit prices are not to be viewed as the prices to be charged to the City. Providers should provide a unit price that is lower than the maximum allowed unit price.

All unit price(s) charged to the City as a result of this award are subject to post sale audit adjustment.

In the event an audit indicates Contractor has not honored the current FEMA Cost Code Listing (previously G.2), Contractor will be liable for any and all overage charges.

General Conditions

By submitting a request for proposal, the contractor hereby agrees to hold the City of Kissimmee harmless against claims for payment by subcontractors and/or suppliers of the contractor resulting from work performed or materials, equipment, and supplies furnished in conjunction with any services provided as a result of this contract. Contractor will provide the City a Letter signed by all subcontractors acknowledging that, the contractor is responsible for all subcontractor payments not The City of Kissimmee.

Schedule/Commencement of Services

The City of Kissimmee anticipates the performance for services related to this contract to begin at the time an emergency condition exists and upon approval by the appropriate levels of authority within the City and upon a "Notice to Proceed" to start work and the notice to reduce resources and to end work. The contractor shall supply estimated time schedules in their proposal identifying anticipated schedules including mobilization, based on the tasks identified or as further explained by the contractor.

Payment

Partial payments in the full amount for the value of accepted services may be requested by the submission of a properly executed original invoice, with supporting documents referencing FEMA Cost Code Listing (previously G.2). Payment for accepted services will be accomplished by submission of an original invoice, in duplicate, to:

City of Kissimmee Department of Public Works 101 Church Avenue, Suite 301 Kissimmee, FL 34741 mailto:ashley.willis@kissimmee.gov

Any revisions will be provided in writing.

Document Handling in the Event of Disaster

In the event that due to disaster any offices referenced in this contract are not available all documents shall be forwarded to the Public Works/Sanitation Division at 2201 Mabbette Street, Kissimmee, Florida 34741.

B. SCOPE OF SERVICES

The 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. The term "eligible", as used herein, means qualifying for emergency funding under the standards promulgated by the FEMA. The term, "debris", as used herein, includes all forms of disaster-generated debris, such as vegetative, demolition, construction, household goods (hereinafter "white goods"), hazardous and industrial waste material.

Contracted services will be limited to the clearing of roadways and access routes, debris removal and demolition of structures when determined as necessary to:

a. Eliminate immediate threats to life, public health, and safety;

b. Eliminate immediate threats of significant damage to improved public or private property; and

c. Ensure the economic recovery of the affected community for the benefit of the community at large.

These contracted services shall provide for the cost effective and efficient removal of lawful disposal of debris on all public streets, roads, and other rights-of-way, including any other locally-owned facility or site as may be directed by the City, and in accordance with federal requirements. Contract services will only be performed when requested and as designated by the City, by approved work authorization issued by the City. The contractor shall load and haul the debris from within the legal boundaries of the City to a site(s) specified by the City.

The City, at its sole discretion, reserves the right to assign work to various contractors. The City also reserves the right to approve all subcontractors hired by the contractor and/or, upon request, require the contractor to dismiss a subcontractor.

1. Emergency Push/Road Clearance:

The contractor shall accomplish the cutting, tossing and/or pushing of debris, leaning trees and removal of hanging limps or hangers (hangers are defined as any branch or large limb(s) that have broken or split from the parent branch or tree and is 2" or greater at the point of break, creating an immediate threat to a public use area or Right-of-Way). Any limb(s) that are hanging over City transportation routes and City Right-Of-Way (ROW) and could be considered a hanger as defined above should be removed by this contractor as directed by the City. The initial emergency push will be completed within a maximum of seventy (70) hours as mandated by FEMA. Upon completion of the first 70 hours, the reimbursement method changes to unit cost.

Payments based on time and material costs are limited to work performed during the first 70 hours of actual work following a disaster event “Notice to Proceed”.

2. Debris Removal from Public Right-of-Way (ROW)

As directed by the City, the Contractor shall load and haul all eligible debris to an approved and certified temporary debris management site (TDMS) or other disposal destination, as specified by the City. All collection and hauling will be consistent with federal requirements applicable to the disaster event. The contractor will ensure compliance with instructions from the City regarding the collection, hauling and disposal of hazardous wastes and/or other categories of debris.

3. Debris Clearance/Removal from Public Property

As directed by the City, the contractor shall clear eligible debris from public property, load and haul all debris to a designated temporary debris management site (TDMS) or other disposal destination designated by the City. If necessary, the City will confirm the FEMA eligibility of the debris to be removed.

4. Demolition of Structures and Construction Debris Removal

As directed by the City, the contractor shall demolish unsafe structures and remove debris that has been determined by the City to be a threat to the health and safety of the public. The contractor will exercise due diligence in demolishing and/or removing debris from private property. The City will direct actions to secure the right of entry (ROE) onto private property to allow demolition and removal. All applicable local, state and federal regulatory requirements regarding asbestos containing materials shall be adhered to unless waived by applicable regulatory authorities.

5. Private Property Waivers

The City will direct all actions to secure necessary permissions, waivers and ROE agreements from real property owners required for the lawful removal of debris and/or demolition of structures from real properties. All such actions will be consistent with federal requirements applicable to the disaster event.

6. Debris Separation/Reduction and Temporary Debris Management Site (TDMS) Management

Contractor shall operate and manage the TDMS to accept and process all event debris. All actions will be implemented by the contractor only with prior approval of the City. Actions by the contractor will include, but are not limited to the following:

a. Ensure that only debris authorized by the City's Public Works Director or his/her designated representative will be allowed into the TDMS sites;

b. Provide the City with a video record of the pre and post use site conditions;

c. Prepare a plan of proposed site layout and review with the City prior to its implementation;

d. Prepare a plan for site security and traffic control for both on the site and adjacent roadways for review and approval by the City prior to its implementation;

e. Provide adequate fire prevention/fighting equipment, including water truck and hoses, on-site throughout the operational period of the TDMS;

f. Build and/or maintain roads as necessary for TDMS operation;

g. Provide and/or construct and maintain stabilized roofed inspection towers sufficient for a minimum of three inspectors; Towers will be positioned at any entrance and any exit of the

TDMS;

h. Comply with any applicable environmental requirements, to include litter control fencing, silt fencing, dust control, hazardous materials containment area, and/or water retention berms;

i. Confine hours of operation of the TDMS to those determined by the City;

j. Stage and process all debris in accordance with instructions from the City;

k. Process debris by methods that may include, but not be limited to, reduction by grinding, air curtain incineration when approved, or other alternate methods of reduction, such as compaction;

I. Prior to reduction, segregate all debris between vegetative debris, construction and demolition debris, white goods, and hazardous waste;

m. Develop and implement, with the approval of the City, a procedure for management of the receipt of unauthorized and/or ineligible debris at the TDMS;

n. Provide the City with proper and acceptable documentation (including destination, tickets, volume and/or weight) for final disposal of debris accepted at the TDMS;

o. Upon the closure of the TDMS, restore the site to its Pre-use condition, meeting all regulatory requirements for the site closure; Survey the site to verify that it has been restored to pre-use elevation and condition; and

p. As directed by the City, sod, hydro-seed or sprig the property once all other site closure issues have been addressed.

7. Designation and Management of Staging Areas Contractor shall identify staging areas in collaboration with the City for the purposes of truck/equipment certification, provision of temporary fueling or vehicle maintenance (as required), and other operational service functions related to debris removal efforts. The contractor shall provide temporary tent, sanitary and other appropriate conveniences necessary for the care and well-being of all Contractor and sub-contractor personnel. The City will approve of the location, size, layout and services to be provided at any staging area established by the Contractor, who will insure that each area is managed in accord with all applicable regulatory requirements and in a manner to minimize disruption to the surrounding neighborhoods.

8. Management of Tree Debris

Tree debris is herein defined as vegetation, stumps, hanging limbs, leaning trees, and similar materials resulting from trees damaged during the event. The City shall direct the contractor regarding removal, collection, hauling and disposal of eligible tree debris, which will adhere to the most current FEMA Guidance Policy Disaster Specific Guidelines. Any damaged tree, including broken and hanging limbs, must be inspected and approved by an authorized city representative before trimming or removal is performed by the Contractor. Stumps within the public rights-of-way deemed by the City to be public safety hazards will be removed and disposed of by the contractor. The contractor is responsible for collection, hauling and disposal of all tree debris on the cost basis of the cubic yard rate for regular vegetative debris.

9. Disaster Recovery Technical Assistance

The contractor will provide Disaster Recovery Technical Assistance to the City to assist with guidance and consultation on all aspects of the recovery process. This assistance shall include documentation and management for the public assistance program (State of Florida plus FEMA), planning, training and exercise development, as well as attendance at the City's Emergency Operations Center (EOC) during activations of the EOC for exercise and actual emergency events as requested by the Contract Administrator.

C. PERFORMANCE OF SERVICES

1. Description of Service

The 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 Agreement or meeting the approval of the City may be rejected.

Replacements and/or rework, as required, will be accomplished on a timely basis at no additional cost to the City.

2. Cost of Services

Contractor shall bear all or its own operating costs and is responsible for all permit and license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. Upon receipt and acceptance of full documentation of the performance of services and an accurate invoice as specified by the City, the contractor shall be reimbursed on a unit price basis as specified in Attachment A.

Unknown and/or unforeseen events or conditions may require an adjustment to the unit costs given in Attachment A, of this Agreement. Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiations between the contractor and Contract Administrator.

In addition, all costs related to labor, materials, and equipment shall be fair, reasonable, and consistent with costs set forth in the most current version of the FEMA Schedule of Equipment Rates, to be applied at all times for implementation of the Agreement.

D. STANDARDS OF PERFORMANCE

1. Contractor Representative and General Operations Plan

The contractor shall have a knowledgeable and responsible representative report to the Contract Administrator or designee and provide a copy of the Contractor's General Operations Plan within seven (7) days following the execution of this Agreement. The City will approve the General Operations Plan prior to its implementation with the City. 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 Agreement and Contractor's General Operations Plan. The City may require a reasonable limit on the period of performance for the work to be done.

2. Mobilization

Equipment for the emergency push shall be staged no more than a six (6) hour drive from the City of Kissimmee. When a notice to proceed in advance of an event has been received by the contractor, he/she will make all necessary arrangements to mobilize a minimum of fifty percent (50%) of the required resources within forty-eight (48) hours and one hundred percent (100%) of the required resources with ninety-six (96) hours to commence and conduct these contracted services.

The City may take such other actions as necessary to address the failure of the contractor to mobilize resources on the schedule required by the City.

E. GENERAL RESPONSIBILITIES

1. Other Agreements

The City may be required to enter into agreements with Federal and/or State agencies for disaster relief. The contractor shall be bound by the terms and conditions of such agreements, regardless of the additional burdens of compliance.

2. The City of Kissimmee's Obligations

The City shall furnish all information and documents necessary for the commencement of contracted services, including a written Work Authorization.

3. Laws and Regulations

It shall be understood and agreed that any and all services, materials and equipment provided by the contractor shall comply fully with all local, state and federal laws and regulations. The prime contractor and subcontractors are required to use mechanical loading and compacting instead of hand loading.

4. Permits

The contractor shall secure and pay for any permits and licenses during the execution of this contract.

5. Safety Regulations

Equipment shall meet all state and federal safety regulations for grounding of electrical equipment.

The prime contractor is required to provide a safe working environment.

6. Codes and Regulations

The awarded contractor(s) shall strictly comply with all federal, state and local building and safety codes.

7. Protection of Property/Security

The awarded contractor shall provide all barricades and take all necessary precautions to protect buildings and personnel.

All work shall be completed in every respect and accomplished in a professional manner and awarded contractor shall provide for removal of all debris from City property.

The awarded contractor shall, at all times, guard against damage or loss to property of the City of Kissimmee or of other residential sites, vendors or contractors, and shall be held responsible for replacing or repairing any such loss or damage.

The City may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the awarded contractor or their agent.

The awarded contractor shall at all times guard against injury to City of Kissimmee employees. The contractor shall properly fence and secure the construction site (s) at all times, including evenings and weekends.

The awarded contractor(s) must, at all times, comply with State of Florida and Occupational Safety and Health Administration (OSHA) safety regulations.

8. Contractor's Conduct of Work

The contractor shall be responsible for planning and conducting all operations in a satisfactory and professional manner. All contractor personnel and subcontractors shall demonstrate and maintain a courteous and responsible demeanor toward all persons.

The contractor shall be fully responsible for the performance of his company and completion of all work as outlined in these specifications. Supervision of personnel shall be conducted in a competent and professional manner. All personnel (of contractor and any subcontractors) shall wear uniforms bearing the company name and all vehicles shall be likewise identifiable.

9. Supervision by Contractor

The contractor will supervise and/or direct all contracted services performed by its employees, agents and subcontractors. The contractor is solely responsible for all means, methods, techniques, safety and other procedures. The contractor will employ and maintain a qualified project manager at the work site(s) who shall have full authority to act on behalf of the contractor. All communications given to the project manager by the Contract Administrator or designee shall be as binding as if given to the contractor. The prime contractor must specify the percentage of work to be performed in writing before subcontracting can begin.

10. Sub-Contracting

Contractor shall not assign, transfer, or sub-contract this contract, either in whole or in part, without prior written approval of the City of Kissimmee.

Contractor shall be responsible for ensuring that any and all subcontractors adhere to the City's Insurance requirements and furnish the required Insurance Certificates prior to commencement of any work on City property.

The subcontractor shall be fully responsible for the performance of his company and completion of all work as outlined in these specifications. The subcontractor shall employ sound practices and standard methods in the industry. Supervision of personnel shall be conducted in a competent and professional manner. All personnel shall wear uniforms bearing the company name and all vehicles shall be likewise identifiable.

The subcontractor shall fully comply with all Federal, State and City laws and regulations concerning labor, work hours, labor conditions and wage rates. The subcontractor is also reminded that he must fully adhere to the Federal Occupation Safety and Health Act. (OSHA) Contractor shall submit a detailed description to the City of work performed by an approved subcontractor.

The City may require a reasonable limit on the time period of performance for work to be done.

Contractor shall submit proof of payment to the City of all work performed by an approved subcontractor.

11. Self-Sufficiency of Contractor and Subcontractors

The contractor shall ensure that its workforce, including subcontractors, maintain self-sufficiency related to fuel, vehicle repair/maintenance, housing, sanitation, food and related accommodations, in a manner that is consistent with local requirements and minimizing adverse affects on the community.

12. Damages by Contractor

The contractor shall be responsible for conducting all operations, whether contemplated by this

Agreement or later request as specialized services, in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. The contractor shall also be responsible for any damages due to the negligence of its employees and subcontractors. The contractor must report such damage to the Contract Administrator in writing within twenty-four (24) hours. Should any property be damaged due to the negligence on the part of the contractor, the City may either bill contractor for the damages, withhold funds due to the contractor, or the contractor may also repair all damage to the satisfaction of the City within thirty

(30) days. The determination of whether the "negligence" has occurred shall be made by the City.

13. Contractor's Duty Regarding Other Contractor(s)

The 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.

14. Contractor's Ownership of Debris

All debris, once collected by the contractor, shall become the property of the contractor or the City may exercise ownership of flow control for removal and lawful disposal. The debris may consist of, but not be limited to, vegetation, construction and demolition debris, white goods and collected hazardous materials.

15. Contractor's Disposal of Debris

Unless otherwise directed by the City, the contractor shall be responsible for determining and executing the method and manner for processing and/or lawful disposal of all eligible debris as approved by the City. The locations of the TDMS and final disposal sites shall be determined by the City and utilized by the contractor. Separate unit prices for delivery and disposal of debris to TDMS and final disposal may be allowed by the City. Upon request from the contractor, other sites may be utilized as directed and/or approved by the City.

F. GENERAL TERMS AND CONDITIONS

1. Multiple, Scheduled Passes

The contractor shall make scheduled passes and/or unscheduled passes of each area impacted by the event, at the direction of the City. The City shall direct the interval timing of all passes.

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. The contractor will document the completion of all passes based on the direction from the City and will provide this documentation to the City.

2. Clean as You Go Policy

The contractor shall provide a "clean as you go" policy and supervise and enforce such policy during debris management operations.

3. Operation of Equipment

The 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. 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 behind the curb or outside of the public ROW unless otherwise directed by the City. Should operation of equipment be required outside of the public ROW, the contractor will ensure that a Right of Entry (ROE) Agreement has been obtained prior to property entry.

4. Security of Debris During Hauling

The 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. All loose debris shall be reasonably compacted and secured during transport in accordance with Florida Department of Transportation (FDOT) guidelines. As required, the contractor will survey the primary routes used by the contractor for debris hauling as soon as possible after the transport and will recover fallen or blown debris from the roadway(s).

5. Traffic Control

The contractor shall mitigate impact on local traffic conditions to the greatest extent possible. The contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the most current edition of the U.S. Department of Transportation Manual or Uniform Traffic Control Devices (MUTCD). The contractor shall provide sufficient signage, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, collection, reduction and/or disposal sites.

6. M.O.T. Requirements

The successful bidder and all personnel performing maintenance of traffic (M.O.T.) activities shall possess valid and verifiable certificates of training per the most current State of Florida standards and regulations. These requirements include but are not limited to the definition of different types of training that may be offered, i.e., Maintenance of Traffic Intermediate, Flagging Traffic, Placement of Work Zone Traffic Control Devices, etc. A copy of the certification document (s) must be submitted with their bid submittal.

When working in traffic arterial medians, personnel are required to wear safety vests. Proper safety signage, such as "Workers Ahead", cones, flagmen or other warning devices should be used to alert motorists of work in the area. All signs shall be temporary and must be in accordance with the Florida Department of Transportation's Manual on Uniform Traffic Control Devices (MUTC) and Safe Practices. OSHA standards shall be utilized where applicable.

7. Work…