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Res No 105-18-15138RESOlUTION NO: 105 18 15138 A Resolution authorizing the City Manager to enter into multi-year contracts for emergency debris removal and disposal services for total term not to exceed five (5) consecutive years. WHEREAS, the City issued a Request for Proposal (RFP) for Emergency Debris and Removal Services; and WHEREAS, the City received seven (7) proposals in response to the RFP; and WHEREAS; a Selection Committee comprised of City staff review ranked and scored the proposals in accordance with the Evaluation Selection Criteria contained in the RFP; and WHEREAS, the RFP stated the City shall have the right to award contracts to multiple Respondents, when deemed in its best interest, to accomplish the wide range of services detailed in this specification; and WHEREAS, the Selection Committee recommends to award contracts to the top four (4) highest ranked Respondents, DRC Emergency Services, (Primary), Ceres Environmental, (Secondary), Custom Tree Care, (Tertiary), and ATl Disaster Recovery, (Quaternary), to ensure there is adequate coverage during and emergency; and WHEREAS, should the Respondents be engaged for an emergency, costs associated with the services are subject to FEMA reimbursement. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FlORIDA: Section 1. The City Manager is hereby authorized to enter into multi-year contracts for emergency debris removal and disposal services for a total term not to exceed five (5) consecutive years, three (3) years with one (1) two year renewal with DRC Emergency Services, (Primary), Ceres Environmental, (Secondary), Custom Tree Care, (Tertiary), and ATl Disaster Recovery, (Quaternary). Copies ofthe proposals are attached. Section 2. Severability. If any section, clause, sentence, or phrase ofthis resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions ofthis resolution. Section 3. Effective Date: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 5th day of....:::.J.:::u:.::n.:;:e ___ , 2018 Page 1 of 2 Res. No. 105-18-15138 ATTEST: APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 City Commission Agenda Item Report Meeting Date: June 5, 2018 Submitted by: Steven Kulick Submitting Department Public Works & Engineering Item Type: Resolution Agenda Section: RESOLUTION(S) PUBLIC HEARING(S) Subject: Agenda ~em No:13. A Resolution authorizing the City Manager to enter into multi-year contracts for emergency debris removal and disposal services for total term not to exceed five (5) consecutive years. 3/5 (City Manager) Suggested Action: Attachments: CM Memo Emergency Debris Removal.docx DRC Proposal.pdf Custom Tree Care.pdf Ceres Proposal.pdf ATL DISASTER RECOVERY.pdf Bid Opening Report Emergency Debris Removal 4.18. 18.pdf FINAL Evaluation Selection Score Sheets RFP CSM2018-06 5.16.18. pdf Adve rti sme nt. pdf DEMAND STAR EMERGENCY DEBRIS REMOVAL.pdf Sun Biz Top 4.pdf Miami Herald Advertisement.pdf MDBR Advertisement.pdf 224 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: FROM: DATE: SUBJECT: BACKGROUND: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager June 5,2018 Agenda Item No.: __ _ A Resolution authorizing the City Manager to enter into multi-year contracts for emergency debris removal and disposal services for· total term not to exceed five (5) consecutive years. The City issued a Request for Proposal for Emergency Debris and Removal Services to engage qualified firms over a 5-year term (3-year with one (1) two (2) year renewal) who can provide emergency debris and disposal services. Seven proposals were received: ':-:> ... \ RESPONDENT: .. ··• ." ATL DISASTER RECOVERY CERES ENVIRON MENTAL SVS. CUSTOM TREE CARE DRC ENVIRONMENTAL LOOKS GREAT SERVICES SUPERIOR LANDSCAPE TFR ENTERPRISES A selection committee, comprised of Chairperson John Reese, Superintendent Public Works, Shari Kamali/Deputy City Manager, and Aurelio Carmenates, Capital Improvement Project Manager, reviewed, scored and ranked the respondents on May 16, 2018. The combined final rankings are below: ATL CUSTOM LOOKS CERES SUPERIOR TRF Evaluator DISASTER ENVIRONMENTAL TREE DRC GREAT LANDSCAPE ENTERPRISES RECOVERY CARE svcs John Reese 70 79 91 93 41 48 S8 Aurelio 79 91 87 Carmenates 92 7S 60 62 Shari" Kamali 80 88 89 88 81 47 S8 TOTAL 229 2S8 267 273 197 1SS 178 RANK 4 3 1 . s 7 6 225 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM FUNDING: AnACHMENTS: The top four Respondents with the highest ranked score are DRC, Custom Tree Care, Ceres Environmental and ATL Disaster Recovery. To ensure there is adequate coverage for the City during an .emergency that requires emergency debris removal, the RFP stated the City shall have the right to award contracts to mUltiple Respondents: "Based on the proposals received, the City shall have the right to award contracts to mUltiple Respondents, when deemed in its best interest, to accomplish the wide range of services detailed in this specification. Contracts shall be awarded for a three (3) year term with one (1) two (2) year option to renew, at the discretion of the City Manager, for term not to exceed five (5) consecutive years." Therefore, the Committee is recommending the top four highest ranked Respondents for the award: DRC Emergency Services, (Primary), Custom Tree Care, (Secondary), Ceres Environmental, (Tertiary), and ATL Disaster Recovery, (Quaternary). Should the Respondents be engaged for an emergency, the costs associated with the services are subject to FEMA reimbursement, usually based on a percentage of those costs. The percentages are adjusted by FEMA on an incident basis. N/A Resolution Proposals: DRC, Custom Tree Care, Ceres Environmental, ATL Disaster Recovery Bid Opening Report Selection Committee Score Sheets RFP Advertisement Demand Star Results Sun Biz Reports 226 EXHIBIT 7 Professional Services Contract EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18-06 ,.,..-<'" .... THIS CONTRACT, entered into this ~ day of J€o,M~-,20 /1f , by the CITY OF SOUTH MIAMi through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 61 lH.unset Drive, South Miami, FL. , E-mail: sale)(ander@southmiamifl.gov an,~ DIRC !Emergency ~rvice" LL. .... w. it .. h .' an .. '. office and prin&tPlac.e .~fbusiness located .at SOo, ..s . .f!/IA.J:F'·' ."'~ , ~.!= ,Me ,and E-mail address of I{ @,l4!S4!~usd,~acslmlle transmission number of!;;O!!-f!.!?tL-2. g> S'""I--(hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of EMERGNCY DEBRiS REMOVAL AND DISPOSAL SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods andlor services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods andlor services in a profeSSional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods andlor services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: i) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods andlor services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) r-vl Contractor's response to ~~TY's written solicitation; or See Attaelillm~llllIt§ 2 & ~ 2) Contract Documents: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) Thomas F. Pepe 1211412016 [-VI Scope of Services See Aiiadhmenli @ 1 Contractor shall provide the City with a Perfmmance and Payment Bond in the amount of $5,000,000 or 100% of @ the contract value, whichever is greater, within three (3) calendar days ofa written notice to proceed by the City. This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked docume'nts", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance ~,e Work under this Contract on the date as set forth in the text following a checked box, [] on N/A ft:j:J [',i] a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), or as set forth in the CONTRACTOR'S proposal or quote and shall complete the performance hereunder within N/A days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. In any event, the term shall not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name:Ir(r,s,k,G",;,.,G,,:£ . . .eemail: ''- !(h~~S",j"i'.'h:4. t40i Fax;:>f),,-c.¥N'L'C2.f'nStreet Address: 5'00 S,~" 1/,,;.; A""",-VJ~./,-" /,3A~,..10... ~ s''5 9 Cit 5) Scope of SeO"1fices: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract, or CONTRACTOR's payments in the event CONTRACTOR is paying the City for the uses of the CITY's property or services, (hereinaifter refel~ to as the Contract Price) shall be as indicated next to one of the following checked boxes, . [',it~s set forth in CONTRACTOR's response to the CITY's written solicitation, if any, or, if none, then as set out in CONTRACTOR's proposal or quote, NIA the Scope of Services, or as setforth in, or modified by, one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on th<0{Vork Commencement Date and shall continue for Three (3) Years, or until 'It expires on .N/@ .' or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional Two (2) Year period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed a total term of five (5) Consecutive Years, including any extensions thereto. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. Thomas F. Pepe 1211 4/20 I 6 I 0) App!icabie law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. II) Duties and Responsibmties: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods andlor services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision andlor clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions andlor clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) ~nsurance, ~ndemnification 8, Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) LDquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liqUidated damages shall be paid at the rate of $1 ,000 per day until the Work is completed. ~ 6)Jllry Tria! Waover: The parties waive their right to jury trial. H)lEnt;re Agreement, Modification, and .Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 18) Public Records: CONTRACTOR and all of its subcontractors are reqUired to comply with the public records law (s.119.070 I) while providing goods andlor services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records reqUired by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, prOVide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost prOVided in this chapter 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 for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public Thomas F. Pepe 12/14/2016 records in possession of CONTRACTOR or keep and maintain public records reqUired by the public agency to perform the service. If CONTRACTOR transfers all publiC records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electn:mically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. HI' CONTRACTOR HAS QUESTIONS REGARDING THE AI'PUCATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBliC Il.ECORDS RELATiNG TO nus CONTRACT, CONTACT THE CUSTODIAN! Of PUBliC Il.ECORDS AT 305·663-6340; IE-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, Fl .33 i 43. i 9) Background Screenong. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 20) Drllg free Workpiace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 2 i) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause, 22) Non-Appropriation of Fllnds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONTRACTOR. 23) Most lFavored Public IEntity. CONTRACTOR represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline. or should respondent, atany time during the term of a contract entered into with City. provide the same goods or services with the same comparable quantities under similar terms, conditions. wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the same prices to City. 24) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and Thomas F. Pepe 12/14/2016 delivered to CONTRACTOR or hi. designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. 25} Indemnification. In the event that any of the contract documents provide for indemnification, nothing contained therein shall imply that the City has waived Its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect. iN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date flrst above written, with full knowledge of it. content and significance and intending to be legally bound by the terms hereof. Read and Approved as to Form, Language, Legality and Execution Thereof: -~--,--,---/ //---:> By: ______ ~~.-/0-:::~c: -:::::V"Z~:;:2:-+='-' City Attorney [name of signatory] CITY F SOUTH MIAMI Sy: '0, i\C~'\,' hIM\,\ : Stev.,,, Alexander ~8l1Clty Manager END OF SECTION Thomms F. Pepe IV14/l016 EXHCiB>rll" No. ~ i>li'l.O~EC" ISACKGIROUND 8< SCOPE OF iiilElRVICEiii Attachment A EMERGENCY DEBRiS REMOVAL AND DISPOSAL SERVICES RFP #CSM20 18-06 South Miami is a City in Miami-Dade County, Florida, United States. The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for 20 I 0 it was 11,657. State of Florida uses Bureau of Economic and Business Research (BEBR) numbers for calculations for budget and this number is 12,912. The City of South Miami uses a City Manager form of government. The Commission sets the policies and the City Manager acts as the chief executive. Commissioners are elected to four- year terms and the Mayor is elected to a two-year term. Elections are held on the second Tuesday in February in even numbered years for the Mayor and half of the Commissioners. The Commissioner receiving the most votes is also given the title of Vice Mayor for the first two years of the term. The last election occurred in February 2018. South Miami City Government as of February 14, 2018 • Mayor: Philip Stoddard, Ph.D. (Mayor until 2020) • Vice Mayor: Walter Harris (Vice Mayor until 2020, Group III Commissioner until 2022) • Commissioner Group I: Luis Gil (Group I Commissioner until 2022) • Commissioner Group II: Josh Liebman (Current term ending 2020) • Commissioner Group IV: Robert Welsh (Commissioner Group III until 2020) 2. EMERGENCY MANAGEMENT: The City's Emergency Management team is responsible for developing, coordinating and leading the City's Emergency Management Program, enabling effective preparation for, and efficient response to, emergencies and disasters in order to save lives, reduce human suffering and reduce property loss. To accomplish this mission, the Emergency Management team: • Develops plans and procedures to ensure the highest levels of mitigation, preparedness, response and recovery; Maintains a comprehensive, risk-based, multi-hazard emergency management and training program; and • Coordinates Federal, State and Local resources for mitigation, preparedness, response and recovery operations. Thomas F. Pepe 1211412016 ~. $UMMARY The City of South Miami seeks the services of a qualified firm(s) to assist the City in its Emergency Debris Management Planning and to provide services for the removal and lawful disposal of large volume disaster-generated debris from public properties and public rights-of-way in order to eliminate immediate threats to life, public health and safety, and assist in the economic recovery of the City in the event of a natural or man-made catastrophe. The planning approach is formulated in part on the concept of strategic pre- positioning of plans and resources necessary for timely, coordinated recovery operations, including removal·of debris from public property and right-of-ways throughout the City using a combination of City and selected Respondent forces. The Respondent must have the capacity to manage a major workforce with multiple subcontractors and to cover the expenses associated with a major recovery operation prior to the initial payment and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. The Respondent must also have an established management team, an established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. The contract to be awarded under this Request for Proposals will be a contingency contract that will be activated only in the event of an emergency. As such, no compensation will accrue to the selected Respondent unless and until the contract is activated either in anticipation of a natural disaster or immediately after such disaster. !Based all· the proposals received, the City shall have the right to award cC)IItracts to multiple Respondents, when deemed i61 its best interest, to accomplish the wide range of sel1fices detailed in this specification. Contracts shall be awarded for a three (3) year term with one (U) two (2) year option to renew, at the discretion of the City Manager, for term not to exceed five (5) consecutive years. In addition, the selected Respondent who receives a contingency contract for the work will be required to participate in certain City-directed disaster recovery training and/or exercises at no additional cost to the City. ~O. $PECOAl TERMS AND COND~tiONS PURPOSE: The purpose of this Request for Proposals (RFP) is to solicit Proposals from qualified firms and contractors who can provide emergency debris and disaster recovery services. The City expects each Respondent to clearly outline its best and most comprehensive resources in its response, because all services and responsibilities identified in this Solicitation will be awarded to the selected Respondent. Thomas F. Pepe 12114/2016 To be eligible to respond to this Request for Proposals and be considered for award, the Respondent must demonstrate to the satisfaction of the City that it or the principals assigned to the project has successfully provided services, similar in scope and complexity, and have previously performed emergency debris and disaster recovery services for a municipality or other public entity. Respondent must meet the following minimum qualifications to be considered for award of this contract. Failure to meet the minimum qualifications may result in rejection of the Proposal. a. Respondents must submit evidence that they possess the training, qualifications, experience,' knowledge, and resources to perform the necessary work at the level of effort and service, based on the anticipated or projected needs of the City. b. Respondents must have at least five (5) years' experience satisfactorily providing the proposed services to a municipality or other public entity. If the Respondent does not have any experience with providing similar services to a public entity, the City may accept similar experience for a private entity, at the City's sole discretion. c. The assigned professional personnel of the Respondent must be qualified to provide the services, and must have experience specific to emergency and disaster operations, and the support services provided that are crucial to the recovery effort, including being familiar with Federal Emergency Management Agency (FEMA) policies and procedures and the City's Emergency Management Plan (EMP). d. Respondents shall submit written documentation such as letters of references and a list of clients who are public entities, (or private clients, at the discretion of the City) as evidence that they meet the requirements. The selected Respondent shall keep on its premises, or such other place approved by the City, current, true, accurate, and complete records and accounts of all services provided to the City, and shall give the City or City's representative access during reasonable business hours and upon three (3) business days' notice to examine and audit such records and accounts. Such records shall be maintained at such standards to allow, a certified auditor the ability to properly examine the records in order to certify a statement of the selected Respondent's business with the City. The selected Respondent shall at all times comply with all rules, regulations, and ordinances of the City and other governmental agencies having jurisdiction. The selected Respondent shall further take all precautions and extreme care to conduct its activities in Thomas F. Pepe 1211412016 a safe, professional, and prudent manner with respect to its agents, employees, sub consultants, members, visitors, and participants. DEfAULT: a. In the event the selected Respondent defaults in the performance of the contract, the City shall have the following options: i. The City will give the selected Respondent thirty (30) days' written notice of default. If the problem is not resolved within the thirty (30) days, the City may immediately terminate the contract upon providing written notice of the selected Respondent's failure to timely cure the default and obtain the services elsewhere. ii. The City may recover at law any and all claims that may be due to the City from the selected Respondent. iii. The City may perform such work as it deems necessary to cure the default or subsequent default and charge the selected Respondent for the full cost expended, plus thirty percent (30%) of the cost for administrative overhead. b. The acceptance of all or part of monies due for any period after a default shall not be deemed as a waiver of any ofthese options, or a waiver of the default or subsequent default of the same or any other term, covenant, and condition. c. The selected Respondent agrees that the City shall not be responsible or have any liability whatsoever for any alleged damages, claim of lost profits, or otherwise in the event the City declares the selected Respondent in default hereunder. The selected Respondent shall not commence any performance of work pursuant to the terms of this Solicitation until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of South Miami shall be notified at least thirty (30) days in advance of cancellation, non- renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Respondent's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of South Miami. Thomas F. Pepe 1211412016 The selected Respondent must submit a current Certificate of Insurance, naming the City of South Miami as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. IRfFfl'l. TO EXHIBIT No.2, "Insuronce ond Indemnification." \m. REQUIRED CLAUSES FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The Federal Emergency Management Agency (FEMA) requires that the following terms and conditions be incorporated into this Solicitation and subsequent Contract. By submitting a Proposal in response to this Solicitation, the Respondent acknowledges and agrees to adhere to the specific requirements of these clauses. Thomas F. Pepe 12114/2016 A. KEY DEFINITIONS (I) Federally Assisted Construction Contract. The regulation at 41 C.P.R. § 60.1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.P.R. § 60· 1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of bUildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. a. During the performance of this contract, the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited Thomas F. Pepe 1211412016 to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor shall send to each labor union or. representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor shall comply with all provIsions of Executive Order I 1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor shall furnish all information and reports required by Executive Order I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order I 1246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of 11 Thomas F. Pepe 12/14/2016 paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT (I) The contractor shall comply with 18 U.S.c. § 874, 40\ U.S.c. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach, A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.P.R.§ 5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Compliance with the Contract Work Hours and Safety Standards Act. (I) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor Thomas F. Pepe 12/14/2016 shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of South Miami shall upon its own action or upon written request. of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section. D. CLEAN AIR ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami will., in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Thomas F. Pepe 1211412016 E. FEDERAL WATER POLLUTION CONTROL ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251 et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. F. SUSPENSION AND DEBARMENT (I) This contract is a covered transaction for purposes of2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.P.R. pt. 180, subpart C and 2 C.P.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of South Miami. If it is later determined that the contractor did not comply with 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of South Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the requirements of 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or Respondent further agrees to include a provision requiring such compliance in its lower tier covered .transactions. Thomas F. Pepe 1211412016 G. BYRD ANTI-LOBBYING AMENDMENT. 31 U.S.c. § 1352 (AS AMENDED) The contractor/respondent agrees to cooperate with the City in order for the City to recover as much of its debris removal cost as possible from the federal government. including FEMA. and to provide all necessary documentation. including Certifications regarding lobbying. Currently. FEMA requires that the City and all subawards at all tiers (including subgrants. contracts under grants and cooperative agreements. and subcontracts) and that all subrecipients shall certify and disclose lobbying activities seeking to influence federal officer. employees. members of Congress in connection with obtaining federal contract. grant or any other award covered by 31 U.S.c. § 1352. All respondents. by submitting a proposal. agree to provide Certification regarding Lobbying as required by the federal government and/or its agencies. H. PROCUREMENT OF RECOVERED MATERIALS (I) In the performance of this contract. the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site. hnp://vvvvvv.epa.gov/cpg/. The list of EPA-designate items is available at http://wvvw.epa.gov/cpg/products.htm. I. ACCESS TO RECORDS The following access to records requirements apply to this contract: (I) The contractor agrees to provide the City of South Miami. the FEMA Administrator. the Comptroller General of the United States. or any of their authorized representatives access to any books. documents. papers. and records of the contractor which are directly pertinent to this contract for the purposes of making audits. examinations. excerpts. and transcriptions. Thomas F. Pepe 12/1412016 (2) The contractor agrees to permit any of the foregoing parties to reproduce. by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DISASTER RESPONSE SERVICES (DRS) SEAL, LOGO, AND FLAGS The contractor shall not use the DRS seal(s), logos, crests, or reproductions of flags or likenesses of DRS agency officials without specific FEMA pre-approval. K. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor shall comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.c. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. O. [BOND/GIIJArul.NTY -PERFORMANCE AND PAYMENT [BONDS Contractor shall provide the City with a Performance ami Payment [Bolld ill the amount of $.5,11011,1100 or III()% of the cOlltract vaiue, whichever is greater, within three (3) calendar days of a written notice to proceed by the City. One activated, the Performance and Payment Bonds shall be in force for a period of not less than one year from the date of the original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all l-i Thomas F. Pepe 12/14/2016 subcontractors, materials and laborers. If the value of the contracted work increases, the Contractor shall be required to provide an updated Performance and Payment Bond in an amount equal to the new value. NOTE: A LETTER FROM YOUR BOND!NG COMPANY THAT VER!fIES YOU CAN COMPI.. Y WiTH THIS REQUiREMENT AND THE MAXIMUM AMOUNT iN WHiCH YOUR FIRM CAN ISE BONDED MUST BE INCLUDED WBTH YOUR PROPOSAL. FAILURE TO SUBMiT THE LETTER WITH YOUR PROPOSAL SHAll RENDER YOUR PROPOSAL NON-RESPONSIVE. END OF SECTION EXHIB!T! PRO>iECT IBACKGROUND 8. SCOPE Of SIERV'HCIES ATTACHMENT IB EMERGENCY DEBRiS REMOVAL AND D~SPOSAL SERVICES RFP #CSM20 18·06 H. SCOPIE Of WORK AND PRiCiNG STRUCTURE: A detailed list of tasks/service requirements to be provided by the Respondent is included in this Solicitation as EXHIBIT I, PROJECT BACKGROUND & SCOPf. OF SERVICES, Attachment "A, B, C & D." A Street ap of the City of South Miami is included as Attachment Co The City's Temporary Staging Debris Staging and Reductions Sites is included as Attachment D. A corresponding PriCing Schedule for the tasks/services is included as EXHIBIT" "Respandents Cost and Technical !Proposal." This Pricing Schedule, must be included in your Proposal documents and may include additional items that the Respondent deems necessary to provide the services contemplated in this Solicitation. The selected Respondent(s) shall perform the services detailed in this specification in a timely and expeditious manner. If the disaster is such that it may reasonably be predicted in advance, selected Respondent (s) shall have management personnel within the City's Emergency Operations Center (EOC) at least 24·48 hours prior to the arrival of the disaster. If the disaster is such that the disaster could not be predicted, the selected Respondent (s) shall have management personnel within the EOC within 24 hours after the event. Selected Respondent's management personnel shall assist the City to plan a response, plan for the arrival of the event if possible, assist with the Emergency Push, and conduct debris removal. Selected Respondent (s) shall mobilize work crews and heavy equipment within such period of time as may be set forth within the Notice to Proceed. Crews shall be mobilized in a staggered phasing so as not to overwhelm the resources of the City's monitoring personnel. As part of its proposal, Respondents shall describe their mobilization program and past experience with such mobilization. Selected Respondent (s) should clearly detail experience in large, previous compelling mobilizations, to mUltiple sites, with short time frames. The Selected Respondent (s) shall, after Notice to Proceed and with the City's direction, provide a Work Plan showing where operations will begin and which streets/roads will be cleared and collected on a daily basis. The Plan shall be updated each day of operation. The selected Respondent(s) shall provide a daily update of progress, showing the streets cleared by map, the volumes recovered, the location of crews, and the estimated percentage completion and, shall be accessible by the City. Respondent shall provide examples of such work plan, their web· based programs, their plans for its use, and the hosting thereof in their proposal. Thomas F. Pepe 12/14/2016 m. DIE~IUS COllECTOON: Upon notification by the City to begin emergency debris collection operations. the selected Respondent (s) shall safely commence disaster and debris management activities including. but not limited to. complete documentation to support federal. state and local reimbursements. furnishing all labor. materials. and equipment to accomplish the following types of tasks: a. Clearing and/or removing debris from the public right-of-way (ROW). streets and roads or pUblicly owned property. as directed. to secure the public's safety. When requested by the City. the selected Respondent (s) shall also assist the City or its agent(s) to provide services on private property (i.e .. single private property. gated communities. and controlled access communities); b. Establishment. management. permitting and operation of debris reduction sites to accept. sort. process. reduce. incinerate. and dispose of event related debris. All sites shall be approved by the City prior to the commencement of operations; c. Demolition and removal of condemned structures and buildings that pose a threat to public safety that are a result of the disaster event; d. Tree trimming. tree topping. tree removal. stump grinding. grubbing. clearing. hauling. and disposal. Providing all permits and services necessary for the containment. clean up. removal. transport. storage. testing. treatment and/or disposal of hazardous and industrial materials. including white goods. resulting from the event; e. Removal of sand and earthen materials from roads. streets. bridges and right-of- way and stockpiling at the closest City designated site; f. Cleaning and opening of drainage systems and retention areas; g. All areas throughout the City where debris removal is accomplished and there is damage due to the selected Respondent(s) operations. the selected Respondent (s) shall be responsible for returning these areas to their original condition. All damages to pavement. sidewalks. curbs. utility lines or any other infrastructure shall be repaired or restored to the satisfaction of the City; and h. Debris collection shall be performed in no more than three (3) separate passes. Prior written approval to commence work on each pass must be obtained from the City. The City may elect to have the selected Respondent(s) perform additional debris removal. The City will issue a written change notice to authorize any additional passes prior to the commencement of the work. OV. lOGISTICS ACTUViTIES: The selected Respondent(s) shall work in conjunction with the City to provide activities. including but not limited to management. staff augmentation. support capabilities. consumables. temporary facilities. monitoring towers. transportation support (trucking Thomas F. Pepe 1211412016 and static support assets), power generation, portable lights, communications equipment, debris removal, deployable personnel, and major end items and development of operational procedures for Logistical Staging Areas (LSAs), base camps, comfort stations, food and lodging. The City will not pay any travel Per-Diem costs incurred by the selected Respondent(s). 'II. DOCUMEN'fA'fDON MANAGEMENT AND SUPPORT: The selected Respondent(s) shall provide data management and support to the City during the disaster recovery effort, including but not limited to: a. Assist the City in the preparation of FEMAlFHWA and State reports for reimbursement, including training of agency/department employees and review of documentation prior to submittal; b. Work closely with State Emergency Management, FEMAlFHWA. and other agencies to ensure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility; c. Utilize City tracking documentation and/or provide approved collection/disposal tickets, field inspection stations and reports, and other required documentation to support and provide substantiation for FEMAlFHW A, Federal, and/or State reimbursement; d. Selected Respondent(s) shall conduct daily meetings with the City to provide updates on the status of operations, discuss issues/problems, and daily work schedules. The selected Respondent(s) shall provide daily reports in a format approved by the City that detail the progress of the debris removal and disposal program. Such reports shall include a description of all areas where work was done detailing the street names, beginning and ending cross streets, address blocks, and city limit lines when applicable where debris removal was completed. The reports must also include the types and volumes of debris transported, reduced and disposed. The reports shall include issues requiring attention and other information requested by the City; e. Selected Respondent (s) shall maintain, in an approved and safe place at the site, one record copy of all load tickets, disposal tickets, field inspection reports and other data sufficient to provide substantiation of debris removal costs for Federal and State reimbursement applications along with Written Amendments, Change Orders, Work Change Directives, Change Orders and written interpretations and clarifications in good order and annotated to show all changes made during the execution of the work. These record documents, together with all approved samples, shall be available to the City for reference. Upon completion of the work, these record documents and samples shall be delivered to the City; and f. Selected Respondent(s) shall maintain adequate records, documents, and information to justify all charges, expenses and costs incurred in performing the work for at least five (5) years after completion of this contract .. Thomas F. Pepe 1211412016 '\I'L TECHNiCAL ASS~iliTANCE, GUIDANCE AND PARTICIPATION: Selected Respondent(s) shall provide technical expertise and guidance to support the City during the disaster recovery effort including, but not limited to: a. The City's Emergency Management Plan, including plan review and plan revision; b. Damage assessment including staff training and staff augmentation; c. Critical facilities 'assessment, including facility inventory and facility assessments; d. Comprehensive mitigation program development, including mitigation plan, staff training, cost benefit analysis, project management, GIS mapping, environmental review and staff augmentation; e. Support of the City's debris plan and City compatible GIS mapping, including staff training; f. Project management, to include the formulation and management of permanent work projects, task force management and management services for the City; and g. Provide technical support and assistance in developing public information. The City may employ the services of a Debris Monitoring Consultant to provide oversight of the selected Respondent(s) operations. The Debris Monitoring Consultant, at the direction of the City, acts as the City's agent and has authority to act on its behalf, including direction to the selected Respondent(s) on all operational, reporting and administrative matters. '\I'm. TEMPO~IRY IDEISRiS iliTAGiNG AND REDUCTION SiTE (TIDSRS): a. Preparation and layout of the site; management, maintenance and operation of the TDSRS, including but not limited to, the sorting, segregation, processing and reduction (chipping, grinding or incineration); groundwater and soil testing; furnishing materials, supplies, labor tools and equipment necessary to perform services; providing traffic control, dust control, erosion control, inspection tower(s), utilities service, lighting, ash and hazardous and toxic waste containment areas, fire protection, permits, environmental monitoring and safety measures; loading reduced/stored and initiating load tickets for final disposition; and closure and remediation of the TDSRS. Thomas F. Pepe 12/14/2016 11 b. Selected Respondent(s) TDSRS shall have appropriate site entrance and controls, four (4) person monitoring tower(s) built to the Army Corps of Engineering standards, bathroom, 24·hour site management and communications. c. If incineration is used, the site shall have a 24·hour fire tender. d. All waste received shall be processed within 60 days, in first·in·first·out processed basis, where possible. Where the selected Respondent(s) uses an existing disposal facility, the selected Respondent(s) shall be responsible for tip fee rate, not to exceed the City's approved rate(s). The selected Respondent(s) shall be responsible for documenting cubic yardage and tip fee rate without mark up. e. All TDSRS sites and other debris collection sites shall be maintained in full accordance with all applicable federal, state and local laws, ordinances, regulations and standards. NOTIE: IFtde~ to IExhibit ~, "PROJIECT ~ACKGIFtOUNII) 11< SCOlIPIE Of SIER'tVHCIES," ATTACHMIENT 11), "CDTY Of SOlUTH M~AM6 TIEMIf"OIRAIRY DIE~lRiS STAGHNG AND RIEDUCTDON SHTES" HX. IEQUllPMIENT: All equipment used in the performance of this contract shall be in good operating condition and in compliance with all applicable federal, state, and local laws, ordinances, regulations and standards. All equipment including, but not limited to grinding equipment, generators, light towers, etc., shall be equipped with a properly functioning accurate hour meter. Prior to start of work, all vehicles used by the selected Respondent (s) for debris collection must be measured for capacity, properly documented for FEMAlFHWA purposes, and appropriately marked by the City. Vehicles may be re·measured at any time at the discretion of the City. The selected Respondent(s) debris removal crews shall consist of the following minimum resources: a. One self:loader or a combination of three hauling units that can be mechanically loaded by a front·end loader or other appropriate equipment; b One saw man and two laborers with all pertinent equipment; and c. Two flagmen for traffic control. XL HOlT SPOT CIRIEW: Selected Respondent(s) shall have at least one hot spot crew. The crew shall consist of one self·loader plus the minimum crew specified in above scope of services. The hot spot Thomas F. Pepe 1211412016 crew shall respond to urgent requests from the City and shall begin operation within 24 hours after Notice to Proceed. The City may require additional hot spot crew(s) for each collection zone or region of the City. Selected Respondent(s) shall be responsible for obtaining all permits. licenses. certifications. etc .. required by Federal. State. County. and City laws. regulations. codes. and ordinances for the performance of the work required in these specifications and to conform with the requirements of the law. The following list of services shall be incorporated into the emergency debris management and disaster recovery services detailed herein at no additional cost to the City: a. Training and Assistance Sessions for all key City personnel and assistance in all disaster debris recovery planning efforts. as requested. b. Preliminary Damage Assessment Determine the impact and magnitude of the disaster event before federal assistance is requested. identifying damaged locations and facilities. assessing and preparing initial estimates of debris volumes. distinguishing between pre-disaster damage and disaster-generated damage. documenting eligible costs and describing the physical and financial impact of the disaster. c. Mobilization and Demobilization All arrangements necessary to mobilize and demobilize the selected Respondent (s)'s labor force and equipment needed to perform the Scope of Services contained herein shall be made by the selected Respondent (s). d. . Mobile Command Unit Selected Respondent (s) shall provide space in its mobile command unit(s) for up to four (4) City debris recovery management personnel. to serve as a field operations command center. e. Temporary Storage of Documents Selected Respondent (s) shall provide storage of all disaster-related documents and reports for protection during the disaster event. f. Debris Planning Efforts Thomas F. Pepe 1211412016 Selected Respondent (s) shall assist in all disaster debris recovery planning efforts. as requested by the City. These planning efforts shall include but shall not be limited to. development of a debris management plan. identification of adequate temporary debris storage and reduction sites. estimation of debris quantities. and emergency action plans for debris clearance. following a disaster event. g. Closure and Remediation of the TDSRS location(s) Selected Respondent (s) shall remove all equipment and temporary structures and shall dispose of all residual debris from the TDSRS at an approved, final disposition site. Ash piles shall be tested using the Toxicity Characteristic Leaching Procedure, and ash shall be disposed of in a Class I landfill if contamination is not found. If unacceptable levels of contamination are detected, the ash shall be disposed of in a hazardous material landfill. Once stockpiled debris is removed from the site, the selected Respondents (s) shall test soil and groundwater, and the test results shall be compared to baseline test results to determine if contaminants are present. The selected Respondent (s) is responsible for the reclamation and remediation of the TDSRS location site to its original condition. h. White Goods Selected Respondent (s) shall recycle all eligible white goods in accordance with all federal, state and local rules, regulations and laws. }.{~v. UICIENi5IEi5 ANiD ICIEIUDIFHICATIE5i: The City requires written evidence that a Respondent is an established business operating in compliance with all local, state and federal laws. Each Respondent shall be licensed and qualified to do business in its area of expertise and must submit copies of all applicable licenses/certifications with their proposal. The selected Respondent (s) shall maintain the appropriate licenses and certificates throughout the term of the contract. Respondent certifies that its company is a licensed General Contractor, preferably in the State of Florida, or a joint agency with a Florida General Contractor. Respondent must submit a copy of the license with the proposal and be in good standing with the State regulatory body. No specific designation is required, only that the company is properly licensed as a Contractor. Respondent must show its qualifications in the handling of hazardous materials and household hazardous waste. This requirement may be demonstrated by listing the company's employees and their respective Hazardous Waste Operations and Emergency Response (HAZWOPER) licenses, asbestos licenses, and other related qualifications. All subcontractors, suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) shall be submitted to the City prior to contract award for review and acceptance. The City's acceptance, in writing, of any such subcontractors, suppliers or other persons or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case the selected Respondent (s) shall submit an acceptable substitute. Throughout the term of the contract, the selected Respondent (s) shall update the City when any changes are Thomas f. Pepe 1211412016 made to the list of subcontractors. The City shall have the right to review, accept or reject any subcontractor, and will notify the selected Respondent (s) in writing of its decision on the requested changes. Respondents shall complete the "listing of Proposed Subcontractors and Principal Suppliers" form; refer the "Proposal Submittal Checklist Form in RFP. XViii. ACTS AND OMDSSIONS: Selected Respondent (s) shall be fully responsible to the City for all acts and omissions of the subcontractors, suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (s) just as the selected Respondent (s) is responsible for the selected Respondent (s)'s own acts and omissions. Nothing in the resulting contract documents shall create for the benefit of any such subcontractor, supplier or other persons or organizations, any contractual relationship between the City and any such subcontractor, supplier or other persons or organizations, nor shall it create any obligation on the part of the City to payor to see to the payment of any money due any such subcontractor, supplier or other person or organization, except as may otherwise be required by laws and regulations. The selected Respondent (s) shall be solely responsible for scheduling and coordinating the work of subcontractors, suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (s). The selected Respondent (s) shall require all subcontractors, suppliers or other persons or organizations performing or furnishing any of the work to communicate with the City through the selected Respondent (s). XX. f'AVMIENT/~NVO~CIE~: XXI. All billing statements or invoices for payment of services shall be original and should be sent to City. Billing statements or invoices should include company name and address, locations of where work has been performed, reconciliation sheets for each day's work, and support documentation as required. The selected Respondent (s) shall be responsible for all work andlor debris deemed ineligible. ~IETAINAGIE: Retainage will be withheld from each contract payment in the amount of ten (10 %) percent. Retainage will be released upon the completion of the project including the resolution of all complaints, but not sooner than 90 days after the completion of all contract work to insure timely completion of the project and/or discovery of damage to public or private property. If Retainage exceeds $1,000,000 Dollars, it shall no longer be collected or withheld. INVOICING: Invoices submitted for payment shall be accompanied by an electronic worksheet, in Microsoft Excel format, which includes information contained in the approved worksheets Thomas F. F'epe 12/14/2016 and/or debris ticket. The final format of the daily worksheet and information to be contained will be approved and agreed upon by the selected Respondent (s) and the City. Any discrepancies between the City's records and the selected Respondent (s)'s submittals must be rectified, to City's satisfaction, by the selected Respondent (s), before payment on those items will be made by the City. Selected Respondent (s) shall computerize all tickets daily and present to the City as a summary reconciliation document within (48) hours of the daily completion of the work. Selected Respondent (s) shall note that thousands to tens of thousands of tickets may be produced per day and selected Respondent (s)s shall utilize a computer program to encompass such potential volumes. Selected Respondent (s) should provide sample forms and program formats, describe their data processing experience, their data management center (if any), their data management programs and procedures, and their key data management personnel in their proposal. The City and selected Respondent (s) shall meet daily (within 48 hours of the issuance of the tickets) to reconcile tickets and work performed. Selected Respondent (s) shall revise the computerized reconciliation sheets with any corrections discovered and re-present a corrected Daily Reconciliation sheet to the City for signature within twenty-four (24) hours thereafter. Both the City and the selected Respondent (s) shall execute each Daily Reconciliation sheet after being verified as correct. Such Daily Reconciliation sheets shall then become the basis for billing. )o(8V. :5AI'IEiI"V: Selected Respondent (s) shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to its employees on the job, and others. The Selected Respondent (s) shall comply with all applicable provisions of federal, state, and municipal safety laws, insurance requirements, standard industry practices, the requirements of the operations and this contract. The selected Respondent (s), directly or through its subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the work, necessary safeguards for the safety and protection of the public, including securing areas, posting danger signs, place carding, labeling, or posting other forms of warning against hazards. When use of hazardous materials or equipment or unusual methods are necessary for execution of the work, or when the work includes the cleanup, remediation, and/or removal of bio-solids, bio-hazardous waste, or any hazardous or toxic materials, trash debris, refuse, or waste, the selected Respondent (s), its subcontractor(s) and their employees shall be trained and certified as required in the proper handling, use and care of equipment, materials, and hazardous operations, and shall exercise the utmost care and perform such activities under the supervision of properly qualified and/or competent personnel. Thomas F. Pepe 1211412016 xxvn. Selected Respondent(s) shall assume full responsibility for any damage to any work areas or to the City, homeowner, or occupant thereof, or of any adjacent land or areas, resulting from the performance of the work. Selected Respondent (s) shall maintain a toll-free hotline answered 24 hours per day to professionally accept calls related to claims related to the services provided by the selected Respondent (s) and its subcontractors. Selected Respondent(s) shall provide in its proposal, a summary of and sample computerized documents exhibiting its complete claim resolution program to include computerized complaint logs, complaint report forms, site visit and inspection forms, and computerized resolution reporting forms and summaries for the City. Should any claim be made because of accident, intentional act, the performante of the work, or for any other such reason the cause of which is the selected Respondent(s) or their subcontractors, agents or employees, the selected Respondent(s) shall promptly settle with such party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Selected Respondent (s) shall provide a weekly computerized update of all claims and complaints and their disposition, both individually and in summary form. During the progress of the work, the selected Respondent(s) shall keep their site(s) free from accumulations of waste materials, rubbish, and other debris resulting from the work. At the completion of the work, the selected Respondent (s) shall remove all waste materials, rubbish, and debris from and about the site(s), as well as tools, appliances, equipment, machinery and/or surplus materials. The selected Respondent (s) shall take care to monitor and make every effort to prevent or mitigate spills of petroleum products a'nd hydraulic fluids. Any such spills shall be remediated immediately by the selected Respondent (s). No tracked equipment shall be allowed on public streets or right-of-ways without the prior approval of the City. The selected Respondent (s) shall maintain adequate records, documents, and information to justify all charges, expenses and costs incurred in performing the work for at least five (5) years after completion of this contract. The City shall have access to such books, records, and documents as required in this section for the purpose of inspection, reproduction, audit, and/or during normal business hours upon five days' prior written notice. It is the intent of the City to award this contract to firm(s) that are committed to responding to the City of South Miami if/when a disaster situation occurs and requires the services detailed herein. To support this effort for the City, if during an emergency event where the selected Respondent (s) have mobilized resources to assist the City in performing the services of this contract, the selected Respondent (s) shall not withdraw Thomas F. Pepe 1211412016 xxvm. or reduce the amount of resources without prior written approval by the City. In the event that this withdrawal occurs without the prior consent of the City. the City will immediately begin mobilizing other vendors for assistance and use the funds of the bonds in place to assist in paying for any additional services required by the supplemental contractors. The City will also begin contract termination procedures as detailed in this specification with any firm that removes or withdraws resources without prior written City approval. !FINANCHAl CONSEQUENCES: The City shall have the right to impose the financial consequences of $200 each, at its sole discretion, for any of the following performance deficiencies by the selected Respondent. a. Failure to provide audit-quality information by 5:00pm of the following day of operation. b. Loads not properly tarped or otherwise covered. c. Mixing debris hauled from other sources with debris hauled under this Contract. d. Mixing vegetation debris with C&D debris. The selected Respondent may be terminated from the contract, with immediate effect, and not receive payment for any of the following breaches: e. Collection of any non-eligible, non-City approved stumps or debris. f. Moving to another designated Collection Service Area without prior approval from the City. g. Failure to provide service in accordance with the guidelines set forth by FEMA and the City. h. Soliciting work from private citizens or others to be performed in the designated Collection Service Area during the period of the Contract. i. Alteration of placards placed on certified trucks and/or trailers. END OF SECTION Thomas F. Pepe 12/14/2016 Thomas F. Pepe 12/14/2016 EXHIBIT NJo. ~ IF'~OiEC;T !!tACKGROUND & SCOPE Of SIERV~CES Attachment C; EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP #CSM20 18-06 "CUTY Of SOUTH MOAMI STREiET MAP" o ~ ~ ~ @l~ ~ ~ ~ := ~ tIj ~ 1:3'" (i. ~ <D~ U N •• W· 'E . . . . S legem:l City's Roads State Roads County Roads Roads2010around City of South Miami o 0.1 0.2 0.3 0.4 ~ Miles Mileage totals for each category: Ctty of South Miami (CSM) roads = 46.80 miles; (Miami-Dade) County roads = 8.33 miles; State (of Florida) roads = 2.57 miles. Made by City of South Miami Engineering & Construction, 311912010 GIS Data by Miami-Dade County, 312010 !EXHIBIT No. I PROJECT ~ACKGIROUND & SCOPE Of SEIRV!CES Attachment D EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERViCES RFP #CSM20 18-06 "C~TY Of SOLITH MIAMI TEMPORARY DEBRIS STAGING AND REDUCTION SITES" Thomas F. Pepe 1211412016 Kulick, Steven P From: Sent: To: Co: Subject: FDEP GENERATED LETTER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13, 2017 1:07 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timothy.parsons@dos.myflorida.com; Emad, Patti (RER); chadJetrow@dep.state.fl.us; jason.aldridge@dos.myflorida.com; ben.fisch@dep.state.fl.us Debris Management Site Authorization Leiter -WACS 10 98244, Irma (Sent By: emad_pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·1 West Palm Beach, FL 33406-3007 RICK SCOTT GOVERNOR CARLOS LOPEZ·CANTERA LT. GOVERNOR NOAH VALENSTEIN SECRETARY Sent via email to: kbarket@southmiamifl.gov Date: 9/13/2017 Kelly Barket Jr. 4795 Sw 75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Irma Dear Kelly Barket Jr.: In accordance with the Emergency Final Order OGC No. 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website http://www.dep.state.fl.us/mainpage/emlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 98244 Public Works -City Of South Miami 4795 Sw 75th Ave., South Miami Lat 25:43:32.7415 1 Long 80:19:.1601 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071 : 1 3~ 1. The Department millst be notified when the site is opened and begins accepting debris, and when the site is closed and all debris has beelll removed; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received ai the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 10/4/2017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website: http://www.dep.state.fl.us/mainpage/emifiles/debl.is guidance.pdf If you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS, please feel free to contact Patti Emad by E-mail at emadp@miamidade.gov or by phone at (305) 372-6607. In order to provide better service to you, the Department is using electronic documents as much as possible. Please provide your E-mail address when replying. Jennifer Smith Southeast District JKS Ipe 9/13120 17 Date Cc: pattLemad@miamidade.gov , samuel.cannon@em.myflorida.com , enrique.hernandez@em.myflorida.com , richard.knowJes@em.myflorida.com , timothy.parsons@dos.myflorida.com , emadp@miamidade.gov , chad.fetrow@dep.state.fl.us , jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emadyb. [Click To Send] [Click To Cancel Letter] From: sent: To: Cc: Subject: FDEP GENERATED LETTER (DO NOT REPLY) <d.onotreply@dep.state.fl.us> Wednesday, September 13, 20171:09 PM Kelly Barkel . Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timothy.parsons@dos.myflorida.com; Emad, PaUi(RER); chad.fetrow@dep.state.fl.us; jason.aldridge@dos.myfiorida.com; ben.fisch@dep.state.fl.us Debris Management Site Authorization Letter -WACS ID 100814, Irma (Sent By: emad_pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·1 West Palm Beach, FL 33406·3007 RICK SCOTT GOVERNOR CARLOS LOPEz.cANTERA LT. GOVERNOR NOAH VALENSTEIN SECRETARY Sent via email to: kbarket@southmiamifLgov Date: 9/13/2017 Kelly Barket Jr. 4795 Sw 75 Ave, South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Inna Dear Kelly Barket Jr.: In accordance with the Emergency Final Order OGC No, 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris, Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris, The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy ofthis Order may be obtained from the DEP website !ill!2:llwww.dep.state.fl.us/mainpage/ernlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 100814 Palmer Park 6750 Sw 60 Ct, South Miami Lat 25:42:49.8659 1 Long 80:18:7.8723 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071: l. 'fhe lIJiepartment millst Ibe lllotified WhClll the site is opened! and!lbegins accepting debris, and when the site is closed and aln debris has been removed; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify !lnd segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 1014/2017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website:;' http://www.dep.state.fl.us/mainpage/ernlfiles/debris guidance. pdf If you h!lve any questions or comments on this authorization letter, or if you require additional time to operate your DDMS, please feel free to contact Patti Emad by E-mail at emadp@miamidade.govorbyphone at (305) 372-6607. In order to provide better service to you, the Department is using electronic documents as much as possible. Please provide your E-mail address when replying. Jennifer Smith Southeast District JKS/pe 9/13/2017 Date Cc: pattLemad@miarnidade.gov , samuel.cannon@em.myflorida.com , enrique.hemandez@em.myflorida.com , richard.knowles@em.myflorida.com, timothy.parsons@dos.myflorida.com,emadp@miarnidade.gov, chad.fetrow@dep.state.fl.us ,jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emadyb. [Click To Send] [Click To Cancel Letter] 2 35 500 SduthAusfi;alian Avenue· Suite 600· West Palm Beach,.FL 33901 (888)7214372 • Fax: (504) 482-2852 . :. www.drclllsa.com ·JEXHIBr:rs Respondent Cosl: and Teclmical Proposal . lEmergencyDebtis Reinuvaland Disposal Services RFIP' NO. CSMZ01806 AIP'RIL 18, ZIJ18®.10:0Q.A!\:1 ORIGINAL· SOU'fHMIAMICI"fYHAU, • Office of the City eierk 6130Sunset Drive· South Miami, FL 33143 POINTS OF CONTACT: KriSty Fuentes, Kfuenies@drcllsa.com ,:.;, -,,;,,---~-,P;~-.• (j;:; Ai 1t1t:ro ~lb;!lllllIeIill1t :;, EXHlHSrr 5 lPI.lESfONDIENT COST AND TECHN~CAl PROPOSAL EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18-06 NOTE: fA!lURE TO COMPLETE THE RESPONDENTS COST AND TECHNICAL PROPOSAL IN TOTAL, MAY RENDERYOUR PROPOSAL AS NON·RESPONSIVE A. DEBRIS REMOVAL. PROCESSING AND DISPOSAL iTEM DESCRIPTION .. "- I Vegetative debris removal from public property (right-of-way) & hauling to TDSR within City Limits of the City of South Miami 2 Vegetative debris removal from publ"ic property (right-of-way) & hauling to TDSR outside City Limits of the City of South Miami 3 Vegetative debris removal from TDSR & hauling to final disposal site within Miami-Dade County 4 Vegetative debris removal from public property (right-of way) & hauling to final disposal site within Miami-Dade County 5 C&D debris removal from public property (right-of-way) to TDSR" within City limits of the City of South Miami 6 C&D debris removal from public property (right-of-way) to TDSR outside City limits of the City of South Miami 7 C&D debris removal from TDSR and hauling to final disposal site within Miami-Dade County 8 C&D debris removal from public property (right-of way) and hauling to final disposal site within Miami-Dade County 9 Debris site management -preparation, management and segregating debris at TDSR 10 Processing (grinding) of vegetative debris at TDSR II Processing (burning) of vegetative debris at TDSR 12 Pick up and haul of white goods Thomas F. Pepe 1211412016 COST· .... UNIT ... $10.24 CY $10.94 CY $6.95 CY $11.48 CY $12.24 CY $12.94 CY $6.95 CY $13.48 CY $1.10 CY $2.75 CY $1.00 CY $67.50 EACH 13 Pick up and disposal of hazardous material 14 Dead animal collection, transportation, and disposal 15 Hazardous tree removal and hauling to disposal site, 6 inch diameter to I 1.99 inch diameter 16 Hazardous tree removal and hauling to disposal site, 12 inch diameter to 23.99 inch diameter 17 Hazardous tree removal and hauling to disposal site, 24 inch diameter to 47.99 inch diameter 18 Hazardous tree removal and hauling to disposal site, 48 inch diameter and greater 19 Hazardous stump removal and hauling to disposal site, > 24 inch diameter to 35.99 diameter 20 Hazardous stump removal and hauling to disposal site, 36 inch diameter to 47.99 inch diameter 21 Hazardous stump removal and hauling to disposal site, 48 inch diameter and greater 22 Hazardous limbs> 2 inch in diameter at point of break 23 Demolition of structures 24 Disaster event generated hazardous waste abetment; biohazardous waste abetment 25 Tipping fees to be reimbursed to contractor by City at actual cost B. EQUIPMENT !TEM DESCRiPTION I JD 544, or equal, wheel loader with debris grapple Thomas F. Pepe 12/14/2016 $9.95 LB $4.95 LB $45.00 PER TREE $95.00 PER TREE $275.00 PER TREE $375.00 PER TREE $350.00 PER TREE $550.00 PER TREE $750.00 PER TREE $95.00 PER TREE $20.00 CY Non·RACM 12.95 LB Cost N/A Reimburse- ment COST UNiT 165.00 PER HOUR 2 JO 644, or equal, wheel loader with debris grapple 3 Extendaboom, or equal, forklift with debris grabble 4 753 Bobcat, or equal, skid steer loader with debris grapple 5 753 Bobcat, or equal, skid steer loader with bucket 6 753 Bobcat, or equal, skid steer loader with street sweeper 7 30-50 HP farm tractor with box blade or rake 8 2-2 1/2 cy. Yd. articulate loader with bucket 9 3 -4 cu. Yd. articulated loader with bucket 10 JO 648 E, or equal, log skidder II Caterpillar 04, or equal dozer 12 Caterpillar 06, or equal dozer 13 Caterpillar 08, or equal dozer 14 Caterpillar, or equal, 125 -140 HP motor grader 15 JO 690, or equal, track hoe with debris grapple 16 JO 690, or equal, track hoe with bucket & thumb 17 Rubber tire track hoe with debris grapple 18 JO 310, or equal, rubber tire backhoe with bucket & hoe Thomas F. Pepe 1211412016 $175.00 $135.00 $135.00 $135.00 $135.00 $100.00 $180.00 $190.00 $250.00 $250.00 $350.00 $450.00 $260.00 $185.00 $185.00 $165.00 $165.00 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 19 Rubber tire excavator with debris grapple 20 210 Prentiss, or equal, knuckle boom with debris grapple 21 Caterpillar 623, or equal, self-loader scraper 22 Hand fed debris chipper 23 330 -400 Tub Grinder 24 Diamond Z, or equal, 800 -1000 HP tub grinder 25 30 Ton Crane 26 50 Ton Crane 27 100 Ton Crane, with 8 hour minimum 28 40 -60' Bucket Truck 29 Service Truck 30 Water Truck 31 Portable light plant 32 Equipment Transports 33 Pick-up Truck, unmanned 34 Self-loading dump truck with knuckle boom and debris grapple 35 Single axle dump truck,S -12 cu. Yd. Thomas F. Pepe 1211412016 $165.00 PER HOUR $270.00 PER HOUR $250.00 PER HOUR $295.00 PER HOUR $395.00 PER HOUR PER $695.00 HOUR $295.00 PER HOUR $395.0( PER HOUR $695.00 PER HOUR PER $275.00 HOUR $135.00 PER HOUR $135.00 PER HOUR $100.00 PER HOUR $150.00 PER HOUR PER $45.00 HOUR $270.00 PER HOUR $115.00 PER HOUR 36 Tandem dump truck, 16 -20 cu. Yd. 37 Trailer dump trick, 24 -40 cu. Yd. 38 Trailer dump truck 41 -60 cu. Yd. 39 Trailer dump truck 61 -80 cu. Yd. 40 Power Screen 41 Stacking Conveyor 42 Off road truck <C. LABOR AND MATERIAIL , . iTEM DESCIUI'TiON " . , , , I Operations Manger . 2 Superintendent with Truck, Phone and Communication Radio 3 Foreman with Truck, Phone and Communication Radio 4 Safety/quality control inspector with Vehicle, phone and communication radio 5 Inspector with vehicle, phone and communication radio 6 Climber with gear 7 Saw hand with chainsaw Thomas F. Pepe 12/14/2016 41 $135.00 PER HOUR $145.00 PER HOUR $175.00 PER HOUR $195.00 PER HOUR $275.00 PER HOUR $275.00 PER HOUR $360.00 PER HOUR COST UNOT '. $90.00 PER HOUR $80.00 PER HOUR $75.00 PER HOUR $85.00 PER HOUR $65.00 PER HOUR $90.00 PER HOUR $45.00 PER HOUR 8 Laborers and flagman $45.00 9 Timekeeper $40.00 10 HazMat Professional $85.00 II Household HazMat inspection and removal crew $170.00 two man crew 12 FEMA public assistance manager $85.00 13 FEMA documentation clerk $45.00 14 Community assistance/hot line operators $37.00 15 Contract Manager/HazMat supervisor $85.00 16 Contract Manager/HazMat supervisor overtime $127.50 17 Field logistician/HazMat technician $85.00 18 Field logistician/HazMat technician $85.00 19 Resources technician $75.00 D. EMERGENCY I'OWER GENEMTORS ANI) SUI'I'ORT EQUII'MIENT .. nlEM . I 10 kw Generator 2 15 kw Generator Thomas F. Pepe 12/14/2016 I)I:SCR!PTIOM --c COST I'ER DAY (24 HRS) $510.00 $510.00 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR COST I· .. PER DAY/PIER WEEK $2805.00 $2805.00 3 25 kw Generator 4 50 kw Generator 5 75 kw Generator 6 I 00 kw Generator 7 175 kw Generator 8 250 kw Generator 9 300 kw Generator 10 350 kw Generator II 500 kw Generator 12 750 kw Generator 13 800 kw Generator 14 1000 kw Generator 15 1250 kw Generator 16 15000 kw Generator 17 1750 kw Generator 18 Tails 19 Cables (400 amp) 50 ft Thomas F. Pepe 1211412016 43 $510.00 $2805.00 $800.00 $4,440.00 $900.00 $4,950.00 $960.00 $5,280.00 $1,940.00 $10,670.00 $2,760.00 $15,180.00 $3,675.00 $20,212.50 ~3,675.00 $20,212.50 $4,900.00 $26,950.00 $7,200.00 $39,600.00 $7,200.00 $39,600.00 $9,280.00 $51,040.00 ~10,590.00 $58,245.00 14,120.00 $77,660.00 14,120.0 0$77,660.00 $500.00 $750.00 $500.00 $750.00 IE. OI'TIONAl §IEIWIlCE§ iTEM· DESCRII'TION ClOST I Debris removal from lakes and canals $130.00 2 Restoration of canal banks and slopes $64.00 3 Removal of motor vehicles including towing. processing and $450.00 disposal 4 Removal of boats including towing. process and disposal $250.00 5 Provision of emergency potable water $2.00 6 Provision of emergency ice $0.60 7 Temporary bathrooms/port-o-Iets $450.00 $100.00 8 Provision of temporary satellite phones Ius $1.95fmin 9 Sewer. culvert and catch basin cleaning including transportation $48.00 and disposal SUBMITTED THIS 16th DAY OF ____ -"A-'pc:.r_il~ ___ 20 18 PROPOSAL SUBMITTED BY: DRC Emergency Services, LLC Company /-,,-,. Kristy F!leJ;ltes / \ Vice President/Secretary/Treasurer Title Thomas F, Pepe 12114/2016 (888) 721-4372 Telephone Number (504) 482-2852 Fax Number Kfuentes@drcllsa.com Email Address END OF SECTION 84 4~ UNiT CY LF Per Vehicle Per LF of Vessel GAL LB Per Unit/Per Week Per ~hone/Per Day CY IEXHiBHT :3 EMERGENCY ~EBIIUS RIEMOVAl AND ~ISPOSAl5IERVICES RFP # CSM20 i 8-06 insurance 8. Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the p~riormance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any ofthem, or by anyone for whose acts any ofthem may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destrucflon of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. !Firm's insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation ~Blsurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: . (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage Thomas F. Pepe 12/14/2016 45 (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no mare restrictive than the latest edition of the Business Automobile liability policy. without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. !Fire and Extended Coverage ~nsurance (Builders' Rusk). iF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. ,.All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance_ company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I ofthis document) which shall include the declaration page and all required endorsements. In addition. the FIRM shall deliver. at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 12/14/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property 45 damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail. with proof of delivery to the City," E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However. the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specifil;!d above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the dty at the dty's sole, absolute and unfettered discretion. A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B, The Contractor shall indemn',fy, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses. including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees. or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT, C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees. successors and assigns, including their attorney's fees, in the defense of any action in law or eqUity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives. employees. or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus. Thomas F. Pepe 12/14/20 '6 47 the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including. but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 12114/2016 END OF SECTION Atttt$JQ;llillITill~lIlltt §Gii> EXHiBiT 8 fOIRM OF PElRfOIRMANCIE ~OND EMERGIENCY DEBRIS REMOVAL AND DISPOSAL SIERVICES RFP # CSM20 18-06 (lRequired as a Condition of Award and Prior to the Contractor lReceiving a Notice to Proceed. Not Required with Subm;ttal) KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, _-,-_-: ___________ ' whose business address is and whose telephone number is as Principal (hereinafter referred to as UContractor"). and -,. __ --,---,-___ -,-___ -----------=-' whose business address is and whose telephone number is ____ --,---,-_~-;-.' as Surety, are bound to the City of South Miami whose business address is and whose telephone number is , [[and Miami-Dade County whose business address is and whose telephone number is __________ ---'1]as Obligee, (hereinafter referred to as "City") in the amount of :-c--.,--,-_-.,-_-;-_:_:----Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS. Contractor has entered into a Contract, for the EMERGIENCY DEBRIS REMOVAL SERVICES, awarded on the day of , 20~, under Contract Number ___ by the City for (brief description of the Work) in accordance with drawings (plans) and specifications prepared by . _which Contract is hereby made a part hereof by r-efell"ence, and 'is hereafter r-efer-red to as the "Contr-actU ; THE CONDIT!ON OF THIS IIOND is that the Contractor: Fully performs the Contract between the Contractor and the EMIERGENC'If' DEBRiS REMOVAL SIERVICES. within N/A days after the date of Contract commencement as specified in the Notice to lPr-oceed and in the manner-prescr-ibed in the Contract; and effect. I. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 2. Upon notification by the City. correct any and all patently defective or faulty Work or materials that appear within one (I) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificat.e of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as periorm in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Thomas F. Pepe 12/14/2016 Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance ofthe Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. iN WiTNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary IN THE PRESENCE OF: (Agent and Attorney-in-fact Signature) Thomas F. Pepe 12114/2016 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City/State/Zip) (Business Telephone) (Corporate Name) (President) (Business Address) (City/State/Zip) (Business Telephone) _______ INSURANCE COMPANY: BY: __________ (SEAL) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this, the day of , 20_, before me, the undersigned notary public of the State of Florida, the foregoing perlormance bond was acknowledged by (Corporate Officer), ____________ ~ __ (Title), of (Name of Corporation), a __________ (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. _________________ _ NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or Notary Public, State of Florida (Name of Notary Public: Print, Stamp or Type as commissioned.) Personal identification: ___________ _ Type of Identification Produced Did take an oath, or__ Did Not take an oath. Thomas F. Pepe 12/14/2016 51 fQ~1M Qf PAYMENT ~QND EMERGENCY DEIaRH!; REMOVAL AND DUSPOSAl SERViCES RFP # CSM20 18-06 (Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal) KNOW All MEN laY THlESlE PRESENTS: That, pursuant to the requirements of Florida Statute 255.0 I, et seq., Florida Statutes, we. ---:---: ____ ;----:;-________ --;:--;-" whose business address is and whose telephone number is ,as· Principal, (hereinafter referred to as "Contractor"), and _-;-_-,-__________ -,:-,. whose business address is and whose telephone number is , as Surety, are bound to the City of South Miami, whose business address is ,--,-___ -,-;-_ and whose telephone number is , [[and Miami-Dade County whose business address is and whose telephone number is __________ --'Uas Obligee, (hereinafter referred to as "City") in the amount of c:-_-;-:--c:-:-_---;_---:---:--,--,-__ .Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, by written agreement, ""tered into a Contract for the IEMlERGENC1f DlEBDU5 RlEMOVAl SlERVDCIES awarded 0" the day of , 20_, under Contract Number for (brief description of the Work) by the City in accordance with drawings (plans) amI specilJications, if any, prepared by -~-.,.----___ "'"C~-""hich Contract is hereby made a part hereof by reference and is lIereafter referred to as the "Contract"; THE CONDITION OF THIS IaOND is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor. materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages. expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Petiorms the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHERIEOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: Thomas F. Pepe 12/14/2016 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City/StateIZip) OR ATTEST: Secretary IN THE PRESENCE OF: STATE OF FLORIDA COUNTY OF MIAMI-DADE (Business Telephone) (Corporate Name) (President) (Business Address) (City/State/Zip) (Business Telephone) _______ 'NSURANCE COMPANY: BY: _---,-;-_--.,--;--;::---.,---.,-_(SEAL) (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone ) On this, the day of , 20_, before me appeared __ --;:-;-_--;-;--,-_,-, __ _ who is the (Title), of (Name of legal entity), a ___ -;-,--_-,-___ (State' of Incorporation) company or partnership, on behalf of the corporation and who is personally known by me or who provided me with the following type of identification and who took an oath or affirmed that he/she is the person who signed the foregoing payment bond. WITNESS my hand and official seal. -"C":"--,.-,-,--,;----;=--;------- Notary Public, State of Florida NOTARY PUBLIC: SEAL *Power of Attorney must be attached. Thomas F. Pepe 12/14/2016 (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION Bond Guaranty LETTER FROM BONDING COMPANY THAT VERIFIES CONTRACTOR CAN COMPLY WITH THE BONDING REQUIREMENT ADDRESSED IN EXIDBIT 1, ATTACHMENT A, "PROJECT BACKGROUND AND SCOPE OF SERVICES, SECTION O. April 13,2018 City of South Miami Office of the City Clerk, South Miami City Hall '6130 Sunset Drive South Miami, FL 33143 Re: DRC Emergency Services, LLC Project: RFP #CSM2018-06, Emergency Debris Removal and Disposal Services To Whom It May Concern: The Hartford, through its various operating entities, has issued surety bonds for DRC Emergency Services, LLC (DRC) since 2016. In this capacity we have become very familiar with their management, financial and perfonnance capabilities. Through the Hartford, we have established a bonding program with an aggregate limit of $150,000,000, This letter will acknowledge that Hartford has evaluated the backlog and has determined that at the time of this letter available bonding capacity is sufficient to provide Performance and Payment Bonds for the Project. The Hartford is currently listed on the U.S. Department of the Treasury's Listing of Certified Companies and Hartford is currently rated A+ (Superior) XV by A. M. Best. Hartford is licensed to do business in the State of Florida. DRC is currently underwritten through the following Hartford office: Mr. Bruce Hufthines Dallas Contract Surety Manager The Hartford 3000 Internet Blvd., Suite 600 Frisco, TX 75034 Phone: (469) 287-1009 Bruce.Huffhines@;thehartford.com It is our understanding that DRC Emergency Services, LLC intends to submit a proposal to you. Based on the bonding requirements in the Solicitation, Hartford is agreeable to issue performance and payment bonds on behalfofDRC in the amount of$5,000,000 or 100% of the contract value, whichever is greater, within three (3) calendar days of a written Notice to Proceed, subject to Hartford's acceptable review of contract tenns, contract amount, bond fonns, and financing and other pertinent underwriting infonnation at the time of the request. Please understand that any arrangement for any bonds is a matter between DRC and The Hartford. We assume no liability to third parties or you if, for any reason, we do not issue requested bonds. Our experience with DRC has been excellent, and we highly recommend them to you. Very Truly Yours, Bruce Huffhines Dallas Contract Surety Manager The Hartford 109 The Hartford Bond Department 3000 Internet Blvd, SUite 600 Frisco, TX 75035 July 20, 2016 DRC Emergency Services, LLC 13 Evia Main Galveston, TX 77554 Re: DRe Emergency Services, LLC To Whom It May Cancel'll, 11 Greel1l'1ay Plant Suite 2900 Houston, Texas 770<16 \'I\'I\'f,jb e ria ba n k. co III This letter is in support ofDRC Emergency Services, LLC ("DRC" or the 'Compauy'). J am writing on behalf ofiberin Bank COlpol'atiou ("Iberia"), which is a publicly traded bank holding company. Tberia is the primary JendCl' for DRC's owners and has banked their variolls entities for over IS years. The relationship has resulted in loans in excess ofover.$25,000,000, which have always paid as required. Currently, the relatioJlship has the capacity to borrow in excess of its existing credit due to its strong liquidity p.ositioll and capital strllctllJ'e. The Company has the financial ability to bid on and pCliorm contracts in excess of $100 mill ion .. The decision to commit to an expanded credit facility will be subject to the review and approval of contl'act terms, conditions and related underwriting criteria at tlletillle orthc request. We assume no liability to YOll if, foJ' any I'eason, Iberia does not extend additional credit above what is already committed. We look forward to working with you and DRC Emergency Services, LLC on future project oppOItul1ities. Sincerely, ;(WAl1fF?J ~~rlP~<"- tdett Douglas C.I EYP -Regional Group anager IberiaBank STATE OF TEXAS COUNTY OF HARRIS The foregoing letter was acknowledged before me this 20'h day of JlJly, 2016, by Bennett Douglas. ):/1' i -'t L,\_ .. ~-;;~·~~ 'J:';'-u·~;t~ 110 Professional Services Contract EMERGENCY DEBIIUS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18.06 TI-IIUS CONTRACT, entered into tnis :;/ day of::J~·{ AC. . 20 I ~~. by the CITY OF SOUTH ",IAMI through its Manager, both of whom shall be her"lnafter referred to as the "CITY" where apPlicable; located at 6130 Sunset Drive, South Miami, FL .E-mail: sale)(ander@southmiamlfl,gov and Ceres Environmental with an office and principal place of business located at 6968 !'r<>fessional l'arkwayEast. Sarasota. f:l 34320, and E-mail address of dawn.brown@ceresnv.com and Facsimile transmission number of 7851478-4 0 95 (h~reinaftercalled the "CONTRACTOR"). WiTNESSETH: WHEREAS,the CITY is in need. of EMIiRGENCY PEIBROS REMOVAL ANiP PIIS!'OSA!L SERVICES; ~nd WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods andlor services based on CONTRACTOR's representations which reflect that CONTRACTOR Is qualified and capable of provIding said goods andlor services in a professional and timely manner.and in accordance with the CITY's gOals and requireinents; and WHEREAS, CONTRACTOR has agreed to provide the required goods andlor services in accordance with the terms:and conditions sedorth herein. NOW, THEREFORE, In consideration of the mutual covenants and agreements here.in contained, the parties agree as follows: . I) Engag"m"nt of Contractor: Based on the representations of CONTRACTOR as set out in the folloWing "checked" documents the CITY hereby retains CONTRACTOR to provide the geods and/orservices set forth in said proposal, quote or response to solicitation, whichever is applicable. as modified by the Contract Docuinents, or as is otherwise set forth in the Contract Documents defined below (aU of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) IV] Contractor's response to the CITY's written solicitation; or 2) Contract Pocuments: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the uchecked documents", (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) [V] ~un's U~sll!lra~",e ilk OIi(tQc;i1Tmnlii~a""@1i C\lc;I1llIl!lDrc;mc;li~., il)c;c; til.\ttlM:"mc;~" 91 [.J] W''''vm~Uilt ~@Uil©l, ~ee A1!:W,o:[m"""eUil~ ~ [,J] b"erllO>rm"'''''~ ~IO>Uil©1, ~~e Att",,,,"",,,,eUil~ @ [,J] ~@,,1iII ~M"'r"'Uil¢e~ Hratter, ~cSGl AttOle:,""""",Uil~ 'II Contractor shall provide the City with a Periormance and Payment Bondio the amount of $5,000.000 or 100% of the contract Value whichever is greater, within three (3) calendar days of a written notice to proceed by the City, This Contract and the General Conditions to Contract, Supplementary Conditions, the SoliCitation, Scope of Services and "Other Documents", If any are "checked documents", shall take precedent over the response to the CITYsBid Documents, if any, or the proposal or the quote, if any. The "checked documeni:$" are attached heretO and made a part hereof by reference. 3) Oate of CommencemeB"Dt: CONTRACTOR shall commence the performance of the 1IV0rkunder this Contract on the date as set forth In the text follOWing a checked box, [] ~r;I/il!Jl.lJ.!l or a [,J] date to be specified In a Notice to Proceed, ill' Purchase Order, (hereinafter referred to as the "Work Commen.cement Date"), or as set forth in the CONTRACTQR'S proposal or quote and shall complete the performance hereunder within .!W.!!l. days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. In any event, the term shall not exceed five years. Time is of the essence. 4) b"rlmary Ccnum: The Primary Contact Person in charge of administering .this Contract on behalf of the CITY is the City Manager ("Manager"), asslstaht Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and hlslhercontact information is as follows:m~tn!!~jiijl!\:!ilti!~~l~i~,im~!; ili;:!l.:ijiitti~;";@~'~~"ii",,,ciD~;fi;1i#:8~~11.2;~.S8j6;~fil~Jlij;[ulitEoisi~~~8riP~i!i~~~llllfaj)'IiI!~ItW$J! ~~; 5) Scope of Services: The goods andlor services to be provided are as set forth in the "checked documents". 6) CompeB"Ds2l.tion: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract. or CONTRACTOR's payments .in the event CONTRACTOR is paying the City for the uses of the CITY's property or services, (liereonafter referred to as the Contract Price) shall be as indicated next to one of the following checked boxes, ['\/JLas set forth in CONTRACTOR's response to the CITY's written solicitation, ~ any, or, if none, then as set out in CONTRACTOR's proposal or quote, L'iIIIJiiI. the Scope of Services, or as set forth in, or modified by, one of the Contract Documents, whichever is applicable. 7) iHollrs of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is Included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time IF'rcv;siclls: The term of this Contract shall commence on the Work Commencement Date and shall continue for Tilree (3) 'It' ears, or until it expires on U>!l!f':" or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional uwo (2) Year period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sale and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed a total term of five (5) Consecutive Years, including any extensions thereto. 9) Termillation: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. ~O)AppIDcable ILaw ",,01 'll'ell"": Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Flor'ida. ~ I} Duties :ml!! ~espons;bilitie.: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules,regulations, and health and safety standards of any governmental body having jurisdiction oVer any matter related to this Contract or the goods andlor services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work emb.raced by this Contract. Each and every provisibn andlor clause reqUired by law to be inserted in this Contract shall. be deemed to be inserted herein and this Contract shall be read arid enforced as though such provisions and/or clauses were included herein. B 2)ChaJflge Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work DY appropriate act.ion by the City Manager and in accordance with the Contract Documents. 13) licellses allld CertillD<:atiollls: Contractor shall secure all necessary business and professional licenses at its sale expense pribr to executing this Contract or commencing the Work. 9~}ORl$lIJlran<:e, andemRlDf""atioll Ik BOllding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. ~ S) liqUidated Damages: In the event that CONTRACTOR. shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordahce with the procedure as more particularly set forth in the Contract Documents, liqUidated damages shall be paid at the rate of $ 9 ,DOD I!er day until the Work is completed. ~ 6).Dury ur;a! W";"e.: The parties waive their right to jury trial. 17) Entire Agreement, Modificatioll, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ! 8) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s, 119.070 I) while providing goods andlor services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (al Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a costthat does not exceed the cost provided in this chapter 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 for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the pUblic agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records. in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all appliCable requirements for retaining public records, All records stored electronically must be provided te> the public agency, upon request from the public agency's custodian ·of public records, in a format that is compatible with the information technology systems of the public agency. ~IF CONTIM.CTOR HAS QUIESTIONS RIEGARDING THE APPII.DCATUON Of CHAPTIER HII, IFlORliOAili"i'AHJlTlEili, 1'0 TIHlIE «::ON1l'M«::TOR'ili !DUn TO PROVBlI)[E Il'UlIIlUC lru;C(lJRP$ RIELATlb'IIGTO 1l'U-USCONTIM.CT, CONTACT 1'1'1 IE Cl.liliTOIClOAN Of Il'UlIIl!UC RIECORDS AT 3@5)-6I>3-4\3040; lE-m:llD~: mmce"cenillcez@soQJlti'omimni1!.go1f; I> U@ S"nscet Ii)";"ce, $oi!th Miami, IFl .33 B 043. II 1I)~aci<groQj"d $co'eeniilg. All personnel and volunteers that will provide any service with vulnerable persons, as dllfjned in Section 435.02, flo. Stat., involving the City or its Agency in such related actlvity or who may have access to secure or sensitive areas of the City. must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida.Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRAcTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without haVing passed a background screehing to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 20} Drug free Workplace. CONTRACTOR shall complywith the Drug Free Workplace policy sedorth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 21) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22) iNIon-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are othervvise unavailable in any fiscal period for payments due under this· contract, then the City, upon written notice to CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense, No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONTRACTOR. 23) Most favored Public IEllt;ty. CONTRACTOR represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms. conditions. wages. benefits. insurance coverage and any other material cost factors. If CONTRACTOR's prices decline. or should respondent,· at any time during the term of a contract entered into with City. provide the same goods or services with the same comparable quantities under similar terms. conditions. wages. benefits. insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the same prices to City. 24)Notices. All notices given or required under this Contract shall be deemed sufficient if sent by.a method that provides written evidence of delivery. including e-mail and facsimile transmission and delivered to CONTRACTOR or his deSignated contact person. Return of mail. sent to the address contained herein for the parties or their contact persons. as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. 2S} Hndemilificati"", In the event that any otthe contract documents provide for indemnification. nothing contained therein shall Imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect. HN WH'l"IiIiIES$ WI-llIERIEOIF. the parties, have executed this Contract, on or before the date first above written. with full knowledge of its content and Significance and intending to be legally bound by the terms hereof. Read and Approved as to Form, Language. Legality and Execution Thereof: By: /.,-~??~~> .~~~ v/ City Attorney [name of signatory] CITY OF SOUTH MIAMI By: (::2~h O'J.~\ '(eow,"''-\, ' CJ>LSteven Alexander City Manager END OF SECTION EXHIBIT No. I I"ROHIEC'f I8ACD<.GIR.CllIJNID> 8, SCCllif"1E Of SIEIf!l.V~CIES Attachment A lEMlERGlEH'!CV DIEBRIS RlEMOVAl AND DOSPOSAl SERVICES RFI' #CSM20 18-06 !. BACD<.GROIJND: South Miami is a City in Miami-Dade County. Florida, United States. The population was 10.741 at the 2000 census and according to the U.S. Census Bureau for 2010 it was 11.657. State of Florida uses Bureau of Economic and Business Research (BEBR) numbers for calculations for budget and this number is 12.912. The City of South Miami uses a City Manager form of government. The Commission sets the policies and the City Manager acts as the chief executive. Commissioners are elected to four- year terms and the Mayor is elected to a two-year term. Elections are held on the second Tuesday in February in even numbered years for the Mayor and half of the Commissioners. The Commissioner receiving the most votes is also given the title of Vice Mayor for the first two years of the term. The last election occurred in February 2018. South Miami City Government as of February 14, 2018 • Mayor: Philip Stoddard, Ph.D. (Mayor until 2020) o Vice Mayor: Walter Harris (Vice Mayor until 2020, Group III Commissioner until 2022) • Commissioner Group I: Luis Gil (Group I Commissioner until 2022) • Commissioner Group II: Josh Liebman (Current term ending 2020) • Commissioner Group IV: Robert Welsh (Commissioner Group III until 2020) The City's Emergency Management team is responsible for developing, coordinating and leading the City's Emergency Management Program, enabling effective preparation for, and efficient response to, emergencies and disasters in order to save lives, reduce human suffering and reduce property loss. To accomplish this mission, the Emergency Management team: ® Develops plans and procedures to ensure the highest levels of mitigation, preparedness, response and recovery; • Maintains a comprehensive, risk-based, multi-hazard emergency management and training program; and • Coordinates Federal, State and Local resources for mitigation, preparedness, response and recovery operations. Thomas F. I?epe 12/14/2016 The City of South Miami seeks the services of a qualified firm(s) to assist the City in its Emergency Debris Management Planning and to provide services for the removal and lawful disposal of large volume disaster-generated debris from public properties and public rights-of-way in order to eliminate immediate threats to life, public health and safety, and assist in the economic recovery of the City in the event of a natural or man-made catastrophe. The planning approach is formulated in part on the concept of strategic pre- positioning of plans and resources necessary for timely, coordinated recovery operations, including removal of debris from public property and right-of-ways throughout the City using a combination of City and selected Respondent forces. The Respondent must have the capacity to manage a major workforce with mUltiple subcontractors and to cover the expenses associated with a major recovery operation prior to the initial payment and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. The Respondent must also have an established management team, an established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. The contract to be awarded under this Request for Proposals will be a contingency contract that will be activated only in the event of an emergency. As such, no compensation will accrue to tile selected Respondent unless and until the contract is activated either in anticipation of a natural disaster or immediately after such disaster. Based @UI the pIrOf'osCils received, tile l{;i1tjf s!1ll1l1l1C1lfe the right to IJIWllIro COUltJr@cts t@ mMltip8e IFI.espoUl«ieUlts, when deemed in its best DlI'8terest, t@ occomplish tile wide (l'ange of senl'oce! det@iled in tllus spedfrclJltic)I/'8, l{;oll'8trlJlcU slllJlll be Il/WllIrdiedi for @ three (3) jfe@1" term with one (I) two (2) jfe€liJr option to reUlew, IJIt the diiscreti@UI @f the Citjf MIJIUlll/ger, f@r term UI@t to Emceed filfe (5) COUlSecMtilfe jfelJll/'$, In addition, the selected Respondent who receives a contingency contract for the work will be required to participate in certain City-directed disaster recovery training and/or exercises at no additional cost to the City. The purpose of this Request for Proposals (RFP) is to solicit Proposals from qualified firms and contractors who can provide emergency debris and disaster recovery services. The City expects each Respondent to clearly outline its best and most comprehensive resources in its response, because all services and responsibilities identified in this Solicitation will be awarded to the selected Respondent. Thomas F. Pepe 12/14/2016 To be eligible to respond to this. Request for Proposals and be considered for award, the Respondent must demonstrate to the satisfaction of the City that it or the principals assigned to the project has successfully provided services, similar in scope and complexity, and have previously performed emergency debris and disaster recovery services for a municipality or other public entity. Respondent must meet the following minimum qualifications to be considered for award of this contract. Failure to meet the minimum qualifications may result in rejection of the Proposal. a. Respondents must submit evidence that they possess the training, qualifications, experience, knowledge, and resources to perform the necessary work at the level of effort and service, based on the anticipated or projected needs of the City. b. Respondents must have at least five (5) years' experience satisfactorily providing the proposed services to a municipality or other public entity. If the Respondent does not have any experience with providing similar services to a public entity, the City may accept similar experience for a private entity, at the City's sole discretion. c. The assigned professional personnel of the Respondent must be qualified to provide the services, and must have experience specific to emergency and disaster operations, and the support services provided that are crucial to the recovery effort, including being familiar with Federal Emergency Management Agency (FEMA) policies and procedures and the City's Emergency Management Plan (EMP). d. Respondents shall submit written documentation such as letters of references and a list of clients who are public entities, (or private clients, at the discretion of the City) as evidence that they meet the requirements. The selected Respondent shall keep on its premises, or such other place approved by the City, current, true, accurate, and complete records and accounts of all services provided to the City, and shall give the City or City's representative access during reasonable business hours and upon three (3) business days' notice to examine and audit such records and accounts. Such records shall be maintained at such standards to allow, a certified auditor the ability to properly examine the records in order to certify a statement of the selected Respondent's business with the City. The selected Respondent shall at all times comply with all rules, regulations, and ordinances of the City and other governmental agencies having jurisdiction. The selected Respondent shall further take all precautions and extreme care to conduct its activities in Thomas F. Pepe 12114/2016 a safe, professional, and prudent manner with respect to its agents, employees, sub consultants, members, visitors, and participants. DlEfAUI. T: a. In the event the selected Respondent defaults in the performance of the contract, the City shall have the following options: i. The City will give the selected Respondent thirty (30) days' written notice of default. If the problem is not resolved within the thirty (30) days, the City may immediately terminate the contract upon providing written notice of the selected Respondent's failure to timely cure the default and obtain the services elsewhere. ii. The City may recover at law any and all claims that. may be due to the City from the selected Respondent. iii. The City may perform such work as it deems necessary to cure the default or subsequent default and charge the selected Respondent for the full cost expended, plus thirty percent (30%) of the cost for administrative overhead. b. The acceptance of all or part of monies due for any period after a default shall not be deemed as a waiver of any of these options, or a waiver of the default or subsequent default of the same or any other term, covenant, and condition. c. The selected Respondent agrees that the City shall not be responsible or have any liability whatsoever for any alleged damages, claim of lost profits, or otherwise in the event the City declares the selected Respondent in default hereunder. The selected Respondent shall not commence any performance of work pursuant to the terms of this Solicitation until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of AM. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of South Miami shall be notified at least thirty (30) days in advance of cancellation, non- renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Respondent's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of South Miami. ThomaS F. Pepe 1211412016 The selected Respondent must submit a current Certificate of Insurance, naming the City of South Miami as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. fRlElFlElR. TO EXHIBIT .No.1, "lrm.Brc1IIDce and Im:6emnificOJ~ioD1." vnn. IR.EQli.mU':D CLAUSES FlR.qM IFEDElR.Al IEMEIRGIENCY MANAGEIMIENT AGENCY (FEMA): The Federal Emergency Management Agency (FEMA) requires that the following terms and conditions be incorporated into this Solicitation and subsequent Contract. By , submitting a Proposal in response to this Solicitation, the Respondent acknowledges and agrees to adhere to the specific requirements of these clauses. Thomas IF. Pepe 1211412016 A. KEY DEFINITIONS (I) Federally Assisted Construction Contract. The regulation at 41 C.P.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan. insurance, or guarantee. or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.P.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways. or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other on site functions incidental to the actual construction. a. During the performance of this contract, the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited Thomas F. Pepe 12/14/2016 to the following: Employment. upgrading. demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants wi II receive considerations for employment without regard to race. color. religion. sex. or national origin. (3) The. contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. a notice to be prOVided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor shall comply with all provIsions of Executive Order 11246 of September 24. 1965. and of the rules. regulations. and relevant orders of the Secretary of labor. (5) The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules. regulations. and orders of the Secretary of Labor. or pursuant thereto, and shall permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations. or orders. this contract may be canceled. terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24.1965. or by rule, regulation. or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of Thomas f. Pepe 12/14/2016 paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order I 1246 of September 24, 1965, so that such provisions will be binding upon each ·subcontractor or vendor. The contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT (I) The contractor shall comply with 18 U.S.c. § 874, 40\ U.S.c. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require. and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.P.R.§ 5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Compliance with the Contract Work Hours and Safety Standards Act. (I) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated dall1ages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor Thomas F. Pepe 1211412016 shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of South Miami shall upon its own action or upon written request. of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) ofthis section. D. CLEAN AIR ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Thomas IF. lFepe 12/14/2016 E. FEDERAL WATER POLLUTION CONTROL ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251 et seq. (2) The contractor agrees to report each violation to the City of South . Miami and understands and agrees that the City of South Miami will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. F. SUSPENSION AND DEBARMENT (I) This contract is a covered transaction for purposes of2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.P.R. pt. 180, subpart C and 2 C.P.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of South Miami. If it is later determined that the contractor did not comply with 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of South Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the requirements of 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or Respondent further agrees to include a provision requiring such compliance in its lower tier covered transactions. Thomas F. lPepe 1211412016 G. BYRD ANTI-LOBBYING AMENDMENT. 31 U.S.c. § 1352 (AS AMENDED) The contractor/respondent agrees to cooperate with the City in order for the City to recover as much of its debris removal cost as possible from the federal government. including FEMA. and to provide all necessary documentation. including Certifications regarding lobbying. Currently. FEMA requires that the City and all subawards at all tiers (including subgrants. contracts under grants and cooperative agreements. and subcontracts) and that all subrecipients shall certify and disclose lobbying activities seeking to influence federal officer. employees. members of Congress in connection with obtaining federal contract. grant or any other award covered by 31 U.S.c. § 1352. All respondents. by submitting a proposal. agree to provide Certification regarding Lobbying as required by the federal government and/or its agencies. H. PROCUREMENT OF RECOVERED MATERIALS (I) In the performance of this contract. the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site. http://www.epa.gov/cpg/. The list of EPA-designate items is available at http;//www.epa.gov/cOOproducts.htm. I. ACCESS TO RECORDS The following access to records requirements apply to this contract: (I) The contractor agrees to provide the City of South Miami. the FEMA Administrator. the Comptroller General of the United States. or any of their authorized representatives access to any books. documents. papers. and records of the contractor which are directly pertinent to this contract for the purposes of making audits. examinations. excerpts. and transcriptions. 15 Thomas F. lPepe 12/14/2016 (2) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DISASTER RESPONSE SERVICES (DRS) SEAL, LOGO, AND FLAGS The contractor shall not use the DRS seal(s), logos, crests, or reproductions of flags or likenesses of DRS agency officials without specific FEMA pre-approval. K. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor shall comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. O. IlIOND/GUAMN"i'lt" -l?iElFtf©II'l.MANCl!: AND Il"A 'It"M IE N"i IS © N [j) $ Contractor shall provide the City with a I"eriol'mallce ami ll"aymE!IIt I!\oml ill the amOIlR"Ot of $5,@@1l,1l01!1J 01' 1I11i1!lJ% of the COR"Otu"'act vallie, whichever is greater, within three (3) calendar days of a written notice to proceed by the City. One activated, the Performance and Payment Bonds shall be in force for a period of not less than one year from the date of the original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an AM. Best rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all Thomas F. I?epe 1211412016 subcontractors, materials and laborers. If the value of the contracted work increases, the Contractor shall be required to provide an updated Performance and Payment Bond in an amount equal to the new value. NOTE: A lETTER FROM YOUR BONDiNG ClOMP ANY THAT VERIFIES YOU CAN C:OMPII.. Y WITH THUS REQUIREMENT AND THE MAXIMUM AMIOUNT UN WHICH YIOUR FiRM CAN BE BIONDED MUST ISE INCLUDED WITH YIOUR PRIOPOSAL fAilURE TO SUBMIT THE llETTER WiTH YIOUR PROPOSAII.. SHALl-RENDER YOIIJIFI. PROPOSAL NON-RESIP'IONSBVIE. END OF SECTION 17 EXH~IBDT h I"ROIIECT BACKGROUND" SCOPE Of SERVICES ATTACHMENT B EMERGENCY IDE~ROS REMOVAL ANiD DOSPOSAl SERVDCES RI'P #CSM20 18-06 A detailed list of tasks/service requirements to be provided by the Respondent is included in this Solicitation as IEXHIII3IT I, PROJECT I13AC/{GROIJND & SCOPE Of SERVICES, AUllIcfimef!t "A, IS, C & D." A Stree~ IlIp @ftlle City of SO&l1tll Milllmi Os iD'DcllDdied illS AUllIcfimeD'Dt c. Tile CBty's Tempomrv StagiD'Dg DeilJris StagiD'Dg and FledlDc~i(m$ Sites is incllDded illS AUacllmef!t D. A corresponding Pricing Schedule for the tasks/services is included as fXHISrr 41 "fFll.eS1fPoD'Ddents C@n <lllD'Dd Tecllf!icaU If'r@posIlIU." This Pricing Schedule. must be included in your Proposal documents and may include additional items that the Respondent. deems necessary to provide the services contemplated in this Solicitation. The selected Respondent(s) shall perform the services detailed in this specification in a timely and expeditious manner. If the disaster is such that it may reasonably be predicted in advance, selected Respondent (s) shall have management personnel within the City's Emergency Operations Center (EOC) at least 24-48 hours prior to the arrival of the disaster. If the disaster is such that the disaster could not be predicted, the selected Respondent (s) shall have management personnel within the EOC within 24 hours after the event. Selected Respondent's management personnel shall assist the City to plan a response, plan for the arrival of the event if possible, assist with the Emergency Push, and conduct debris removal. Selected Respondent (s) shall mobilize work crews and heavy equipment within such period of time as may be set forth within the Notice to Proceed. Crews shall be mobilized in a staggered phasing so as not to overwhelm the resources of the City's monitoring personnel. As part of its proposal, Respondents shall describe their mobilization program and past experience with such mobilization. Selected Respondent (s) should clearly detail experience in large, previous compelling mobilizations, to mUltiple sites, with short time frames. . The Selected Respondent (s) shall, after Notice to Proceed and with the City's direction, provide a Work Plan showing where operations will begin and which streets/roads will be cleared and collected on a daily basis. The Plan shall be updated each day of operation. The selected Respondent(s) shall provide a daily update of progress, showing the streets cleared by map, the volumes recovered, the location of crews, and the estimated percentage completion and, shall be accessible by the City. Respondent shall provide examples of such work plan, their web-based programs, their plans for its use, and the hosting thereof in their proposal. Thomas f. Pepe 12/14/2016 Upon notification by the City to begin emergency debris collection operations, the selected Respondent (s) shall safely commence disaster and debris management activities including, but not limited to, complete documentation to support federal, state and local reimbursements, furnishing all labor, materials, and equipment to accomplish the following types of tasks: a. Clearing andlor removing debris from the public right-of-way (ROW), streets and roads or publicly owned property, as directed, to secure the public's safety. When requested by the City, the selected Respondent (s) shall also assist the City or its agent(s) to provide services on private property (i.e., single private property, gated communities, and controlled access communities); b. Establishment. management, permitting and operation of debris reduction sites to accept, sort, process, reduce, incinerate, and dispose of event related debris. All sites shall be approved by the City prior to the commencement of operations; c. Demolition and removal of condemned structures and buildings that pose a threat to public safety that are a result of the disaster event; d. Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling, and disposal. Providing all permits and services necessary for the containment, clean up, removal, transport, storage, testing, treatment andlor disposal of hazardous and industrial materials, including white goods, resulting from the event; e. Removal of sand and earthen materials from roads, streets, bridges and right-of- way and stockpiling at the closest City designated site; f. Cleaning and opening of drainage systems and retention areas; g. All areas throughout the City where debris removal is accomplished and there is damage due to the selected Respondent(s) operations, the selected Respondent (s) shall be responsible for returning these areas to their original condition. All damages to pavement, sidewalks, curbs, utility lines or any other infrastructure shall be repaired or restored to the satisfaction of the City; and h. Debris collection shall be performed in no more than three (3) separate passes. Prior written approval to commence work on each pass must be obtained from the City. The City may elect to have the selected Respondent(s) perform additional debris removal. The City will issue a written change notice to authorize any additional passes prior to the commencement of the work. The selected Respondent(s) shall work in conjunction with the City to provide activities, including but not limited to management, staff augmentation, support capabilities, consumables, temporary facilities, monitoring towers, transportation support (trucking Thomas F. Pepe 12/14/2016 and static support assets), power generation, portable lights, communications equipment, debris removal, deployable personnel, and major end items and development of operational procedures for Logistical Staging Areas (LSAs), base camps, comfort stations, food and lodging. The City will not pay any travel Per-Diem costs incurred by the selected Respondent(s). V. DOCUMIENTATUON MANAGIEMENT AND) !>UI"I"ClIIRT: The selected Respondent(s) shall provide data management and support to the City during the disaster recovery effort, including but not limited to: a. Assist the City in the preparation of FEMAlFHWA and State reports for reimbursement, including training of agency/department employees and review of documentation prior to submittal; b. Work closely with State Emergency Management, FEMAlFHWA, and other agencies to ensure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility; c. Utilize City tracking documentation and/or provide approved collection/disposal tickets, field inspection stations and reports, and other required documentation to support and provide substantiation for FEMAlFHWA, Federal, and/or State reimbursement; d. Selected Respondent(s) shall conduct daily meetings with the City to provide updates on the status of operations, discuss issues/problems, and daily work schedules. The selected Respondent(s) shall provide daily reports in a format approved by the City that detail the progress of the debris removal and disposal program. Such reports shall include a description of all areas where work was done detailing the street names, beginning and ending cross streets, address blocks, and city limit lines when applicable where debris removal was completed. The reports must also include the types and volumes of debris transported, reduced and disposed. The reports shall include issues requiring attention and other information requested by the City; e. . Selected Respondent (s) shall maintain, in an approved and safe place at the site, one record copy of all load tickets, disposal tickets, field inspection reports and other data sufficient to provide substantiation of debris removal costs for Federal and State reimbursement applications along with Written Amendments, Change Orders, Work Change Directives, Change Orders and written interpretations and clarifications in good order and annotated to show all changes made during the execution of the work. These record documents, together with all approved samples, shall be available to the City for reference. Upon completion of the work, these record documents and samples shall be delivered to the City; and f. Selected Respondent(s) shall maintain adequate records, documents, and information to justify all charges, expenses and costs incurred in performing the work for at least five (5) years after completion of this contract. Thomas f. Pepe 1211412016 Selected Respondent(s) shall provide technical expertise and guidance to support the City during the disaster recovery effort including, but not limited to: a. The City's Emergency Management Plan, including plan review and plan revision; b. Damage assessment including staff training and staff augmentation; c. Critical facilities assessment, including facility inventory and facility assessments; d. Comprehensive mitigation program development, including mitigation plan, staff training, cost benefit analysis, project management, GIS mapping, environmental review and staff augmentation; e. Support of the City's debris plan and City compatible GIS mapping, including staff training; f. Project management, to include the formulation and management of permanent work projects, task force management and management services for the City; and g. Provide technical support and assistance in developing public information. The City may employ the services of a Debris Monitoring Consultant to provide oversight of the selected Respondent(s) operations. The Debris Monitoring Consultant, at the direction of the City, acts as the City's agent and has authority to act on its behalf, including direction to the selected Respondent(s) on all operational, reporting and administraflve matters. a. Preparation and layout of the site; management, maintenance and operation of the TDSRS, including but not limited to, the sorting, segregation, processing and reduction (chipping, grinding or incineration); groundwater and soil testing; furnishing materials, supplies, labor tools and equipment necessary to perform services; providing traffic control, dust control, erosion control, inspection tower(s), utilities service, lighting, ash and hazardous and toxic waste containment areas, fire protection, permits, environmental monitoring and safety measures; loading reduced/stored and initiating load tickets for final disposition; and closure and remediation of the TDSRS. Thomas f. Pepe 1211412016 :H b. Selected Respondent(s) TDSRS shall have appropriate site entrance and controls, four (4) person monitoring tower(s) built to the Army Corps of Engineering standards, bathroom, 24-hour site management and communications. c. If incineration is used, the site shall have a 24-hour fire tender. d. All waste received shall be processed within 60 days, in first-in-first-out processed basis, where possible. Where the selected Respondent(s) uses an existing disposal facility, the selected Respondent(s) shall be responsible for tip fee rate, not to exceed the City's approved rate(s). The selected Respondent(s) shall be responsible for documenting cubic yardage and tip fee rate without mark up. e. All TDSRS sites and other debris collection sites shall be maintained in full accordance with all applicable federal, state and local laws, ordinances, regulations and standards. NOlTE: lR.efeO" til 1!:}({lI"Ilohit !, "r~Ol]IECT IBIACKGIR.OlIUlND ~ ~COlrlE 0l1F ~1E1R,\(UCIE~," ATTACHMENT D, "CUT'\/' 0l1F ~OlUTH MOAMU TIEML"'OMIfI.'\/' DIEi>\lRi~ ~TAGiNG AND ~IEDUCTUOlN ~OTIE~" All equipment used in the performance of this contract shall be in good operating condition and in compliance with all applicable federal, state, and local laws, ordinances, regulations and standards. All equipment including, but not limited to grinding equipment, generators, light towers, etc., shall be equipped with a properly functioning accurate hour meter. Prior to start of work, all vehicles used by the selected Respondent (s) for debris collection must be measured for capacity, properly documented for FEMAlFHWA purposes, and appropriately marked by the City. Vehicles may be re-measured at any time at the discretion of the City. The selected Respondent(s) debris removal crews shall consist of the following minimum resources: a. One self-loader or a combination of three hauling units that can be mechanically loaded by a front-end loader or other appropriate equipment; b One saw man and two laborers with all pertinent equipment; and c. Two flagmen for traffic control. Selected Respondent(s) shall have at least one hot spot crew. The crew shall consist of one self-loader plus the minimum crew specified in above scope of services. The hot spot Thomas f. Pepe 1211412016 crew shall respond to urgent requests from the City and shall begin operation within 24 hours after Notice to Proceed. The City may require additional hot spot crew(s) for each collection zone or region of the City. xuu. PERMITS: Selected Respondent(s) shall be responsible for obtaining all permits, licenses, certifications, etc., required by Federal, State, County, and City laws, regulations, codes, and ordinances for the performance of the work required in these specifications and to conform with the requirements of the law. The following list of services shall be incorporated into the emergency debris management and disaster recovery services detailed herein at no additional cost to the City: a. Training and Assistance Sessions for all key City personnel and assistance in all disaster debris recovery planning efforts, as requested. b. Preliminary Damage Assessment Determine the impact and magnitude of the disaster event before federal assistance is requested, identifying damaged locations and facilities, assessing and preparing initial estimates of debris volumes, distinguishing between pre-disaster damage and disaster-generated damage, documenting eligible costs and describing the physical and financial impact of the disaster. c. Mobilization and Demobilization All arrangements necessary to mobilize and demobilize the selected Respondent (s)'s labor force and equipment needed to perform the Scope of Services contained herein shall be made by the selected Respondent (5). d. Mobile Command Unit Selected Respondent (s) shall provide space in its mobile command unit(s) for up to four (4) City debris recovery management personnel, to serve as a field operations command center. e. Temporary Storage of Documents Selected Respondent (s) shall provide storage of all disaster-related documents and reports for protection during the disaster event. f. Debris Planning Efforts Thomas F. Pepe 1211412016 Selected Respondent (s) shall assist in all disaster debris recovery planning efforts, as requested by the City. These planning efforts shall include but shall not be limited to, development of a debris management plan, identification of adequate temporary debris storage and reduction sites, estimation of debris quantities, and emergency action plans for debris clearance, following a disaster event. g. Closure and Remediation of the TDSRS location(s) Selected Respondent (s) shall remove all equipment and temporary structures and shall dispose of all residual debris from the TDSRS at an approved. final disposition site. Ash piles shall be tested using the Toxicity Characteristic Leaching Procedure. and ash shall be disposed of in a Class I landfill if contamination is not found. If unacceptable levels of contamination are detected. the ash shall be disposed of in a hazardous material landfill. Once stockpiled debris is removed from the site. the selected Respondents (s) shall test soil and groundwater. and the test results shall be compared to baseline test results to determine if contaminants are present. The selected Respondent (s) is responsible for the reclamation and remediation of the TDSRS location site to its original condition. h. White Goods Selected Respondent (s) shall recycle all eligible white goods in accordance with all federal. state and local rules. regulations and laws. The City requires written evidence that a Respondent is an established business operating in compliance with all local. state and federal laws. Each Respondent shall be licensed and qualified to do business in its area of expertise and must submit copies of all applicable licenses/certifications with their proposal. The selected Respondent (s) shall maintain the appropriate licenses and certificates throughout the term of the contract. Respondent certifies that its company is a licensed General Contractor. preferably in the State of Florida. or a joint agency with a Florida General Contractor. Respondent must submit a copy of the license with the proposal and be in good standing with the State regulatory body. No specific designation is required. only that the company is properly licensed as a Contractor. Respondent must show its qualifications in the handling of hazardous materials and household hazardous waste. This requirement may be demonstrated by listing the company's employees and their respective Hazardous Waste Operations and Emergency Response (HAZWOPER) licenses. asbestos licenses. and other related qualifications. All subcontractors. suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) shall be submitted to the City prior to contract award for review and acceptance. The City's acceptance. in writing. of any such subcontractors. suppliers or other persons or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case the selected Respondent (s) shall submit an acceptable substitute. Throughout the term of the contract. the selected Respondent (s) shall update the City when any changes are Thomas f. Pepe 12/1412016 made to the list of subcontractors. The City shall have the right to review, accept or reject any subcontractor, and will notify the selected Respondent (s) in writing of its decision on the requested changes. Respon@eVDts shall comple~e the "listiVDg of Proposed Subcontractors and Principal SLlppliers" form; refer the "Proposal Submittal Checklist form in RFP. xvm. ACTS AND OMISSnONS: XiX. XXDO. Selected Respondent (s) shall be fully responsible to the City for all acts and omissions of the subcontractors, suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (s) just as the selected Respondent (s) is responsible for the selected Respondent (s)'s own acts and omissions. Nothing in the resulting contract documents shall create for the benefit of any such subcontractor, supplier or other persons or organizations, any contractual relationship between the City and any such subcontractor, supplier or other persons or organizations, nor shall it create any obligation on the part of the City to payor to see to the payment of any money due any such subcontractor, supplier or other person or organization, except as may otherwise be required by laws and regulations. The selected Respondent (s) shall be solely responsible for scheduling and coordinating the work of subcontractors, suppliers or other persons or organizations performing or furnishing any .of the work under a direct or indirect contract with the selected Respondent (s). The selected Respondent (s) shall require all subcontractors, suppliers or other persons or organizations performing or furnishing any of the work to communicate with the City through the selected Respondent (s). All billing statements or invoices for payment of services shall be original and should be sent to City. Billing statements or invoices should include company name and address, locations of where work has been performed, reconciliation sheets for each day's work, and support documentation as required. The selected Respondent (s) shall be responsible for all work and/or debris deemed ineligible. Retainage will be withheld from each contract payment in the amount of ten (10 %) percent. Retainage will be released upon the completion of the project including the resolution of all complaints. but not sooner than 90 days after the completion of all contract work to insure timely completion of the project and/or discovery of damage to public or private property. If Retainage exceeds $1,000,000 Dollars, it shall no longer be collected or withheld. Invoices submitted for payment shall be accompanied by an electronic worksheet, in Microsoft Excel format, which includes information contained in the approved worksheets Thomas f. Pepe 12/14/2016 )am. and/or debris ticket. The final format of the daily worksheet and information to be contained will be approved and agreed upon by the selected Respondent (s) and the City. Any discrepancies between the City's records and the selected Respondent (s)'s submittals must be rectified. to City's satisfaction. by the selected Respondent (s). before payment on those items will be made by the City. Selected Respondent (s) shall computerize all tickets daily and present to the City as a summary reconciliation document within (48) hours of the daily completion of the work. Selected Respondent (s) shall note that thousands to tens of thousands of tickets may be produced per day and selected Respondent (s)s shall utilize a computer program to encompass such potential volumes. Selected Respondent (s) should provide sample forms and program formats. describe their data processing experience. their data management center (if any). their data management programs and procedures. and their key data management personnel in their proposal. The City and selected Respondent (s) shall meet daily (within 48 hours of the issuance of the tickets) to reconcile tickets and work performed. Selected Respondent (s) shall revise the computerized reconciliation sheets with any corrections discovered and re-present a corrected Daily Reconciliation sheet to the City for signature within twenty-four (24) hours thereafter. Both the City and the selected Respondent (s) shall execute each Daily Reconciliation sheet after being verified as correct. Such Daily Reconciliation sheets shall then become the basis for billing. Selected Respondent (s) shall take. reasonable precautions for the safety of. and shall provide all reasonable protection to prevent damage. injury or loss to its employees on the job. and others. The Selected Respondent (s) shall comply with all applicable provisions of federal. state. and municipal safety laws. insurance requirements. standard industry practices. the requirements of the operations and this contract. The selected Respondent (s). directly or through its subcontractors. shall erect and properly maintain at all times. as required by the conditions and progress of the work. necessary safeguards for the safety and protection of the public. including securing areas. posting danger signs. place carding. labeling. or posting other forms of warning against hazards. When use of hazardous materials or equipment or unusual methods are necessary for execution of the work. or when the work includes the cleanup. remediation. and/or removal of bio-solids. bio-hazardous waste. or any hazardous or toxic materials. trash debris. refuse. or waste. the selected Respondent (s). its subcontractor(s) and their employees shall be trained and certified as required in the proper handling. use and care of equipment. materials. and hazardous operations. and shall exercise the utmost care and perform such activities under the supervision of properly qualified and/or competent personnel. Thomas IF. lPepe 12/14/2016 Selected Respondent(s) shall assume full responsibility for any damage to any work areas or to the City. homeowner. or occupant thereof. or of any adjacent land or areas. resulting from the performance of the work. Selected Respondent (s) shall maintain a toll-free hotline answered 24 hours per day to professionally accept calls related to claims related to the services provided by the selected Respondent (s) and its subcontractors. Selected Respondent(s) shall provide in its proposal. a summary of and sample computerized documents exhibiting its complete claim resolution program to include computerized complaint logs. complaint report forms. site visit and inspection forms. and computerized resolution reporting forms and summaries for the City. Should any claim be made because of accident. intentional act. the performance of the work. or for any other such reason the cause of which is the selected Respondent(s) or their subcontractors. agents or employees. the selected Respondent(s) shall promptly settle with such party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Selected Respondent (s) shall provide a weekly computerized update of all claims and complaints and their disposition. both individually and in summary form. During the progress of the work. the selected Respondent(s) shall keep their site(s) free from accumulations of waste materials. rubbish. and other debris resulting from the work. At the completion of the work. the selected Respondent (s) shall remove all waste materials. rubbish. and debris from and about the site(s). as well as tools. appliances. equipment. machinery and/or surplus materials. The selected Respondent (s) shall take care to monitor and make every effort to prevent or mitigate spills of petroleum products and hydraulic fluids. Any such spills shall be remediated immediately by the selected Respondent (5). No tracked equipment shall be allowed on public streets or right-of-ways without the prior approval of the City. The selected Respondent (s) shall maintain adequate records. documents. and information to justify all charges. expenses and costs incurred in performing the work for at least five (5) years after completion of this contract. The City shall have access to such books. records. and documents as required in this section for the purpose of inspection. reproduction. audit. and/or during normal business hours upon five days' prior written notice. It is the intent of the City to award this contract to firm(s) that are committed to responding to the City of South Miami if/when a disaster situation occurs and requires the. services detailed herein. To support this effort for the City. if during an emergency event where the selected Respondent (s) have mobilized resources to assist the City in performing the services of this contract. the selected Respondent (s) shall not withdraw Thomas f. Pepe 12/14/2016 }O{\I'm. or reduce the amount of resources without prior written approval by the City. In the event that this withdrawal occurs without the prior consent of the City, the City will immediately begin mobilizing other vendors for assistance and use the funds of the bonds in place to assist in paying for any additional services required by the supplemental contractors, The City will also begin contract termination procedures as detailed in this specification with any firm that removes or withdraws resources without prior written City approval. The City shall have the right to impose the financial consequences of $200 each, at its sole discretion, for any of the following performance deficiencies by the selected Respondent. a. Failure to provide audit·quality information by 5:00pm of the following day of operation. b. Loads not properly tarped or otherwise covered. c. Mixing debris hauled from other sources with debris hauled under this Contract. d. Mixing vegetation debris with C&D debris. The selected Respondent may be terminated from the contract, with immediate effect, and not receive payment for any of the following breaches: e. Collection of any non·eligible, non·City approved stumps or debris. f. Moving to another designated Collection Service Area without prior approval from the City. g. Failure to provide service in accordance with the guidelines set forth by FEMA and the City. h. Soliciting work from private citizens or others to be performed in the designated Collection Service Area during the period of the Contract. i. Alteration of placards placed on certified trucks and/or trailers. END OF SECTION Thomas f. lP'epe 12/14/2016 Thomas f. Pepe 12/14/2016 EXH~BiT NiO. ~ i>~(m:CT BACKGROUND &: SCOPE Of SlElRVnCIES Attachment C EMERGENCY DEIlRiS REMOVAl. AND DISPOSAL SERViCES RfP #CSM20 18-06 "CITY OIF SOUTH M~AMI STREET MAP" o ~ ~ @~ u s City's Roads State Roads County Roads Roads2010around City of South Miami o 0.1 0.2 0.3 0.4 ~ Miles Mileage totals for each category: City of South Miami (CSM) roads = 46.80 miles; (Miami-Dade) County roads = 8.33 miles; State (of Florida) roads = 2.57 miles. Made by City of South Miami Engineering & Construction, 3/19/2010 GIS Data by Miami-Dade County, 3/2010 EXHIBIT Noo ~ I"RO!IECT IRACKGROUND 8. SCOPE OF SIERV!CIES Attachment D EMERGENCY DEBRIS REMOVAL AND DiSPOSAL SERViClES RFI' #CSM20 18-06 "CITY Of SOUTH MIAMI TEMPORARY DEBRiS STAGiNG AND REDUCTiON SITES" Thomas F. Pepe 12/14/2016 From: Sent: To: Cc: SllJlibjec!: FDEP GENERATED LETTER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13, 2017 1 :07 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique. hernande<:@em.myflorida.com;. richard.knowles@em.myflorida.com; timothy.parsons@dos.myflorida.com; Emad, Patti (RER); chad.fetrow@dep.state.fl.us; jason.aldridge@dos.myflorida;com; ben.fisch@dep.state.fI.Us Debris Management Site Authorization Letter -WACS ID 98244, Irma (Sent By: emad~pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·1 West Palm Beach, FL 33406-3007 RICK SCOTT GOVERNOR CARLOS LOPIlZ·CANTERA LT. GOVERNOR NOAHVALENSTEIN SECRETARY Sent via email to: kbarket@southmiamifl.gov Date: 9/13/2017 Kelly BarketJr. 4795 Sw 75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Irma Dear Kelly Barket Jr.: In accordance with the Emergency Final Order OGC No. 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website http://www.dep.state.fLus/mainpage/emlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 98244 Public Works -City Of South Miami 4795 Sw 75th Ave., South Miami Lat 25:43:32.7415 / Long 80:19:.1601 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071 : 1. 'fine Jl])epartmeDllt HDllust be Dllotifnelil wineDll the site is opeDlle<IlilllDll<IlibegiDlls lll<l:ceptiDllg <Iliellnis, !liml! wheDll tine site is closed !lIDlld all debris has lleeDll removed; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items;" .. 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited Waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 10/4/2017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS fOr disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website: . http://www.dep.state.fl.us/mainpage/em/files/debris guidance.pdf If you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS,please feel free to contact Patti Emad. by E"mail at emadp@miarnidade.gov or by phone at (305) 372-6607. In order to provide better service to you, the Department is using electroiric documents as much as possible. Please provide your E"mail address when replying. Sincerely, , .. I ....,.. j;'C' • //'1 ~'A5j" . ! JL ,~,.·· •...... \a'YJrr· J ... " .•.. / ..•...•. ll'vliL1L 'i\\' t---'j I ' . Jennifer Smith Southeast District JKS fpe 9/13/2017 Date Cc: patti.emad@miamidade.gov , samuel.cannon@em.myflorida.com , enrique.hernandez@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dos.myflorida.com , emadp@miamidade.gov , chad.fetrow@dep.state.fl.us , jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by ema(jJb. [Click To Send] [Click To Cancel Letter] From: Sent: 'lro: Cc: Subject: FDEP GENERATED LETTER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13, 20171:09 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timothy.parsons@dos.myflorida.com; Emad, Patti (RER); chad.fetrow@dep.state.fl.us; jason.aldridge@dos.myflorida.com; ben.fisch@dep.state.fl.us Debris Management Site Authorization Letter -WACS 10 100814, Irma (Sent By: emad_pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210-1 West-Palm Beach, FL 33406·3007 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR NOAH VALENSTEIN SECRETARY Sent via email to: kbarket@southmiamifl.gov Date: 9/13/2017 Kelly BarketJr. 4795 Sw75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Irma Dear Kelly Barket Jr.: In accordance with the Emergency Final Order OGC No. 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes. hurricane/storm-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website hnJ;2://www.dep.state.fl.us/mainpage/emlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 100814 Palmer Park 6750 Sw 60 Ct, South Miami Lat 25:42:49.8659 / Long 80:18:7.8723 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements ofthe Order and Florida Statutes 403 .7071 : 1. Tine li>e[)!lllrtmcHl¢ mlllst Ille Hlotilfieil wlneHl the site RS o[)eHleilllllRd!lllegiHls !llCcteptRDllg d!elllris, IIm«ll wlneHl the site is elosed!lIliilllllllii debris has beell removed!; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; . . 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 10/4/2017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website: http://www.dep.state.fl.us/mainpage/emlfilesldebris.guidance.pdf If you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS, please feel free to contact Patti Emad by E-mail at emadp@miamidade.gov or by phone at (305) 372-6607. In orderto provide better Service to you, the Department is using electronic documents as much as possible. Please provide your E-mail address when replying. Jennifer Smith Southeast District JKS fpe 9/13/2017 Date Cc: patti.emad@miarnidade.gov , samuel.cannon@em.myflorida.com , enrique.hemandez@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dos.myflorida.com , emadp@miamidade.gov , chad.fetrow@dep.state.fl.us , jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emad -'pb. [Click To Send] [Click To Cancel Letter] Proposal in Response to City of South Miami RFP #CSM2018-06 Emergency Debris Remova~ and Disposa~ South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 Contact Person: Dawn Brown dawn.brown@ceresenv.com 4/18/2018 6968 Professional Parkway East Sarasota, Florida 34240 Tel. (800) 218-4424 Fax (866)228-5636 EXHiBiT 5 RESIf'ONDENT COST AND TECHNICAllf'lR©I"©SAl EMERGENCY DEBRIS REMOVAL AND [)ISfOSAl SERViCES RFII' # CSM20 18-06 NOTE: fAiLURE TO COMPLETE THE RESPONDENTS COST AND TECHNICAL PROPOSAL IN TOTAL, MAY RENDER YOUR PROPOSAL AS NON-RESPONSIVE A. DEBRIS REMOVAL, PROCESSING AND DOSII'OSAl ITIi~< ~30PE'~~~TiOr'l· .•. •·.· .... · ..•.. ·•·· ......................... ' ••.... '->-:,:'---::' I Vegetative debris removal from public property (right-of-way) & hauling to TDSR within City Limits of the City of South Miami . 2 Vegetative debris removal from public property (right-of-way) & hauling to TDSR outside City Limits of the City of South Miami 3 Vegetative debris removal from TDSR & hauling to final disposal site within Miami-Dade County 4 Vegetative debris removal from public property (right-of way) & hauling to final disposal site within Miami-Dade County 5 C&D debris removal from public property (right-of-way) to TDSR within City limits of the City of South Miami 6 C&D debris removal from public property (right-of-way) to TDSR outside City limits of the City of South Miami 7 C&D debris removal from TDSR and hauling to final disposal site within Miami-Dade County 8 C&D debris removal from public property (right-of way) and hauling to final disposal site within Miami-Dade County 9 Debris site management -preparation. management and segregating debris at TDSR 10 Processing (grinding) of vegetative debris at TDSR II Processing (burning) of vegetative debris at TDSR 12 Pick up and haul of white goods - Thomas F. lPepe 1211412016 77 . COST. IUNrl!" .. --" .. --, $8.84 CY $9.98 CY $4.5L1· CY $10.85 CY $8.84 CY $8.98 CY $6.34 CY $10.85 CY $1.55 CY $2.5 t !. CY $0.34 CY $:37.00 EACH 13 Pick up and disposal of hazardous material 14 Dead animal collection, transportation, and disposal 15 Hazardous tree removal and hauling to disposal site, 6 inch diameter to 11.99 inch diameter 16 Hazardous tree removal and hauling to disposal site, 12 inch diameter to 23.99 inch diameter 17 Hazardous tree removal and hauling to disposal site, 24 inch diameter to 47.99 inch diameter 18 Hazardous tree removal and .hauling to disposal site, 48 inch diameter and greater 19 Hazardous stump removal and hauling to disposal site, > 24 inch diameter to 35.99 diameter 20 Hazardous stump removal and hauling to disposal site, 36 inch diameter to 47.99 inch diameter 21 Hazardous stump removal and hauling to disposal site, 48 inch diameter and greater 22 Hazardous limbs> 2 inch in diameter at point of break . 23 Demolition of structures 24 Disaster event generated hazardous waste abetment; biohazardous waste abetment 25 Tipping fees to be reimbursed to contractor by City at actual cost B, IEQIIJUIf'IMIIENT iTEM JD 544, or equal, wheel loader with debris grapple Thomas f. I?epe 12/14/2016 78 $5.45 $0.96 $68.00 $128.00 $182.00 $245.00 $165.00 $240.00 $315.00 $79.00 $15.75 $8."14 N/A $'138.38 LB LB PER TREE PER TREE PER TREE PER TREE PER TREE PER TREE PER TREE PER TREE CY LB Cost Reimburse~ ment UNIT PER HOUR 2 JD 644, or equal, wheel loader with debris grapple 3 Extendaboom, or equal, forklift with debris grabble --'- 4 753 Bobcat, or equal, skid steer loader with debris grapple 5 753 Bobcat, or equal, skid steer loader with bucket 6 753 Bobcat, or equal, skid steer loader with street sweeper 7 30-50 H P farm tractor with box blade or rake 8 2-2 112 cy. Yd. articulate loader with bucket 9 3 -4 cu. Yd. articulated loader with bucket 10 JD 648 E, or equal, log skidder II Caterpillar D4, or equal dozer 12 Caterpillar D6, or equal dozer 13 Caterpillar D8, or equal dozer 14 Caterpillar, or equal, 125 -140 HP motor grader 15 JD 690, or equal, track hoe with debris grapple 16 JD 690, or equal, track hoe with bucket & thumb 17 Rubber tire track hoe with debris grapple 18 JD 3 10, or equal, rubber tire backhoe with bucket & hoe Thomas F. Pepe 1211412016 79 $151'12 $79.26 $79.26 $75.65 $86.46 $100.87 $94.52 $101.79 $132.05 $168.0'1 $177.34 $216.54 $'186.68 $216.54 $209.08 $'194,'1-'1· ~S'! :~i9. 'I-j PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 19 Rubber tire excavator with debris grapple 20 210 Prentiss, or equal, knuckle boom with debris grapple 21 Caterpillar 623, or equal, self-loader scraper 22 Hand fed debris chipper 23 330 -400 Tub Grinder 24 Diamond Z, or equal, 800 -1000 HP tub grinder 25 30 Ton Crane 26 50 Ton Crane 27 100 Ton Crane, with 8 hour minimum 28 40 -60' Bucket Truck 29 Service Truck 30 Water Truck 31 Portable light plant 32 Equ ipment Transports 33 Pick-up Truck, unmanned 34 Self-loading dump truck with knuckle boom and debris grapple 35 Single axle dump truck, 5 -12 cu. Yd. Thomas IF. Pepe 1211412016 80 $'194.'14 $16'1.39 $183.40 $102.70 $440.'16 $476.84- $513.52 $623.56 $770.28 $234.75 $102.70 $'102.70 $22.0'1 $95.37 $'i7.6'1 ;1;-195. 'I'! $,30.70 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 36 37 38 39 40 41 42 2 3 4 5 6 7 Tandem dump truck, 16 -20 cu. Yd. Trailer dump trick, 24 -40 cu. Yd. Trailer dump truck 41-60 cu. Yd. Trailer dump truck 61 -80 cu. Yd. Power Screen Stacking Conveyor Off road truck Operations Manger Superintendent with Truck, Phone and Communication Radio Foreman with Truck, Phone and Communication Radio Safety/quality control inspector with vehicle, phone and communication radio Inspector with vehicle, phone and communication radio Climber with gear Saw hand with chain saw Thomas F. Pepe 12/14/2016 BI $80.70 PER HOUR $88.03 PER HOUR $88.03 PER HOUR $92.43 PER HOUR $124.71 PER HOUR $41.08 PER HOUR PER $41.08 HOUR ··;lJNI-r $78.00 PER HOUR PER $72.00 HOUR PER $58.00 HOUR PER $69.00 HOUR PER ~;6900 HOUR PER $53.00 HOUR PER d'/1 ': "l() ,p-., .L\,-HOUR 8 Laborers and fiagman 9 Timekeeper 10 HazMat Professional II Household HazMat inspection and removal crew 12 FEMA public assistance manager 13 FEMA documentation clerk 14 Community assistance/hot line operators 15 Contract Manager/HazMat supervisor 16 Contract Manager/HazMat supervisor overtime ·17 Field logistician/HazMat technician 18 Field logistician/HazMat technician 19 Resources technician 10 kw Generator 2 15 kw Generator Thomas F. Pepe 12/14/2016 82 $37.00 $32.00 $46.00 $49.00 $84.00 $34.00 $29.00 $68.00 $102.00 $52.00 $78.00 $49.00 $~25.G3 $450.00 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR $2,550.'18 $2,700.00 3 25 kw Generator 4 50 kw Generator 5 75 kw Generator 6 100 kw Generator 7 175 kw Generator 8 250 kw Generator 9 300 kw Generator 10 350 kw Generator II 500 kw Generator 12 750 kw Generator 13 800 kw Generator 14 1000 kw Generator 15 1250 kw Generator 16 15000 kw Generator 17 1750 kw Generator 18 Tails 19 Cables (400 amp) 50 ft Thomas F. Pepe 1211412016 83 $472.62 $2,835.72 $865.19 $5,191.14 $1,344.96 $8,069.76 $'1,480.86 $8,885:16 $2,344.13 $'14,064.78 ,3,243.43 $19.460.58 '4,"104.49 $24,626.94 ;4,500.00 $27,000.00 '6,337.20 $38,023.20 69,554.77 $57,328.62 ,;10,000.00 $60,000.00 '12,662.30 $75,973.80 "15,000.00 $90,000.00 $'18, '175.86 $109,055.'1 . ,21,864.'11 $'13'1,184.6 ' $'18.00 $'108.00 $25.00 $'i50,OO iTEM DESCROPTION COST I Debris removal from lakes and canals $32.75 2 Restoration of canal banks and slopes $14.25 3 Removal of motor vehicles Including towing, processing and $225.00 disposal 4 Removal of boats including towing, process and disposal $32.00 5 Provision of emergency potable water $2.94- 6 Provision of emergency ice $0.43 7 Temporary bathrooms/port-o-Iets $350.00 8 Provision of temporary satellite phones $28.00 9 Sewer, culvert and catch basin cleaning including transportation $12.75 and disposal SUBMITTED THIS _1.:.:6o:.th,--_ DAY OF _.:..:A"'pr"'iI _______ 20 18 PROPOSAL SUBMITTED BY: Ceres Environmental Services, Inc Company Tia Laurie horized to Submit Proposal '1-=--- Corporate Secretan} Tide Thomas F. fepe 1211412016 (800) 218-4424 Telephone Number (866) 228-5636 Fax Number dawn.brown@ceresenv.com Email Address END OF SECTION B4 UNIT CY LF Per Vehicle Per LFof Vessel GAL LB Per Unit/Per Week Per Phone/Per Day CY IEXHIIB~T l EMERGENCY DE~R6S REMOVAL AND DISPOSAL SERVICES RFP # C:SM20 18-06 hlSlllrance & ~ndemnif1cation I!.e<qJlJliremelllb Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to In'surance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract. insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami. whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (I) claims for damages because of bodily injury, death ,of a' person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. firm'. " ...... anee tGener"UUl'. The FIRM shall provide aAd maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers P Compensation BD1slUIll'ance at the statutory amount as to all employees in compliance with the "Workers'Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercia~ ComprehensRve GeneV'ai lUabDUtl, insurance with broad form endorsement, as well as automobile liability, completed operations and products liabil'lty. contractual liability. severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commerciai Comprehensive General liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage Thomas F. Pepe 12/14/2016 45 (e) Broad Form Property Damage (I) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. !Fire .. "d lEl<tended Coverage U .. ,,,,,,,,,ce (~ .. iide .. • ~;sk). Of P.l'l'lHC:A~llE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage, while in the course of construction. including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscel!all'1leollls! A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change. or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. e. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly prOVide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All poliCies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas f. Pepe 12/14/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. Ifthe FIRM is providing professional services, such as would be provided by an architect, engineer. attorney. or accountant. to name a few, then in such event and in addition to the above requirements. the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns. or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However. the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. A. The Contld.ctor accepts and voluntarily incurs all risks of any injuries, damages. or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or .other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, succeSsors and assigns. harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its-officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to. or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives. employees. or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it. or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever. in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and "assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents. representatives. employees. or assigns, and/or ariSing out of, or incident to. this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions ofthe Contractor. its contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, Thomas F. Pepe 1211412016 the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages. losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. lPepe 1211412016 END OF SECTION fOO'tfM Of II"AYfMENT BOND EMERGENCY DEIIRIS REMOVAL AND D~SPOSAl SERVDCES RFP # CSM20 18-06 (Required as a Co"ditioll of Award and Prior to the Contracto~ Receiving a Notice to Proceed. Not Required with Submittal) KNOW All MEl'! 11'1" THESlE PRESENTS: That, pursuant to the requirements of Florida Statute 255.0 I, et seq., Florida Statutes, we, -..,.-..,. ____ ,-_,--________ --::--:-" whose business address is and whose telephone number is ,as Principal, (hereinafter referred to as "Contractor"). and _-,-____________ -,----,. whose business address is and whose telephone number is • as Surety, are bound to the City of South Miami, whose business address is ,--:-___ -,-,-_ and whose telephone number is , [[and Miami-Dade County whose business address is and whose telephone number is __________ --'l)as Obligee, (hereinafter referred to as "City") in the amount of ~_-,--:-,-_-,_-,_-,-___ Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns. jointly and severally. WHEREAS, Contractor "as, bl' "".itten agr"ement, entered i~to a Co"t,ad ~". the lEi'IIE~GIE~C'\f IDlEBRiS !RlEMOVAI. SIE!RVHClEi> "",a.<led 0" do" dawof , 2«1~ under Cont."d NI .. mber fo. (b";ef d"5c";l'too .. oHlle Wo.!,) bl' d,,, City i" ,""cord .. "c" with d.a .. "Ulgs (pH,"",,) ""d spedlikOlto""., of ."'l', prep".ed bl' ~:---:-:----:-:-"7.=--",hich C"ntract i. herebl' m .. de '" p .. rt hereof bl' ,ef".emu a",1 os he." .. fte. re1erll"edl to as the "Contractu; THIE CONImnOIN OF nus; 180DIIIIDJ is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials. or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract: and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified 'in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2}, Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. iN WITNESS WHERlEOF, the above bonded parties have executed this instrument under their several seals on this day of . 20_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: Thomas f. Pepe 12/1~/2016 (Individual, President, Managing Member or General Partner, etc.) (Business Address) (City/State/Zip) L OR ATTEST: Secretary IN THE PRESENCE OF: STATE OF FLORIDA COUNTY OF MIAMI.DADE (Business Telephone) (Corporate Name) (President) (Business Address) (City/State/Zip) (Business Telephone)· _______ INSURANCE COMPANY: BY: _--,-..,-__ -,--,:,-_---:-_(SEAL) (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) On this. the day of • 20_. before me appeared -----c-,-------,--,-----,------,---- who is the (Title), of (Name of legal entity), a ---c-c---,----(State of Incorporation) company or partnership, on behalf of the corporation and who is personally known by me or who provided me with the following type of identification and who took an oath or affirmed that he/she is the person who signed the foregoing payment bond. WITNESS my hand and official seal. _--,--_______________ _ Notary Public, State of Florida NOTARY PUBLIC: SEAL *Power of Attorney must be attached. Thomas tF. lPepe 12/14/2016 (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION Attttiffi~llnITIDl<elIDtt (/jj EXHiBiT ~ FORM Of PERFORMANCE 1El0N[)) EMERGENC'I' DEBRiS REMOVAL AND DISPOSAL SIERViCIES RFP # CSM20 18-06 (lRequired as :at Condition of Award and Prior to the Contractor Receiving :at Notice to Proceed. Not Required witll Submittal) KNOW All MIEN B'I' TIHIIESE PRIESEIIITS: That, pursuant to the requirements of Florida Statute 255.05, we, _.....,. ______________ ' whose business address is and whose telephone number is as Principal (hereinafter referred to as UContractor"), and -; __ -..,--..,-___ -:----: ___________ -;:-" whose business address is and whose telephone number is . as Surety, are bound to the City of South Miami whose business address is and whose telephone number is . [[and Miami-Dade County whose business address is and whose telephone number is ___________ .J1Jas Obligee, (hereinafter referred to as "City") in the amount of ;-:,-:--:-_-:-_-:--:--;-:-__ Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns. jointly and severally. WHEREAS, Contractor 1121$ e"t, ... ,d i"to "' Contr .. ct, for the IEMlEW!«:;E~CV IDEI&W!!S RIEMltOVAn.. SEW!VICIES, a,,,,.,,d,,d '''' tn." day of , 20_, ""II". Co ... t.ad ~"ml>er ___ by the City for (brief descript;"" of d." Work) irn ",cc".d .. "ee "'ith dra"";,,,. (pi .. ".) .. ",0 specilicati""s I'r"I'" .... <I by . -,,,n.ici> Co"t.act is heroeby made til part hefi"'eof by D"'efeweIl'1III:e, 2l.1rndi 8$ heD"'eaiterr rrefeD"rred to as; the HColl'lltractU ; THIE COH'olDIT!OH'ol tOll' THiS !!IOND is that the Contractor: Funy perlforms the C""tract bemeen the Contractor ""d the IEMlIER«:;IE~<C'I' 1DlEI&IW.HS W!IEMOVAl SEW!V!CES, within N/A days after th" date of COUltrut commenceme"t 'IS 'pedro".! i" the Notice to i?D"oceedi and! on the manner pre§cf'abed un the Contll"21.ti; and effect. I. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages). expenses.-costs and attorney's fees. including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 2. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (I) yearfrom the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion. if issued by the City. whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last; and 3. Periorms the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all ofthe forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Thomas F. Pepe 12/14/2016 Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. ~N WiTNIESS WHIED'lIEOIF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary IN THE PRESENCE OF: (Agent and Attorney~in~fact Signature) Thomas F. Pepe 12114/2016 (Individual, President. Managing Member or General Partner. etc.) (Business Address) (City/State/Zip) (Business Telephone) (Corporate Name) (President) (Business Address) (City/State/Zip) (Business Telephone) _______ ,INSURANCE COMPANY: BY: __________ (SEAL) (Business Address) (City/State/Zip (BUSiness Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this, the day of , 20_, before me, the undersigned notary public of the State of Florida, the foregoing performance bond was acknowledged by (Corporate Officer), _______________ (Title), of (Name of Corporation), a __________ (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. _-'-_______________ _ NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or Notary Publi~, State of Florida (Name of Notary Public: Print, Stamp or Type as commissioned.) Personal identification: ___________ _ Type of Identification Produced Did take an oath, or__ Did Not take an oath. Thomas f. f'epe 12/14/2016 51 Bond Guaranty LETTER FROM BONDING COMPANY TRA T VERIFIES CONTRACTOR CAN COMPLY WIlli THE BONDING REQUIREMENT ADDRESSED IN EXHIBIT 1, ATTACHMENT A, "PROJECT BACKGROUND AND SCOPE OF SERVICES, SECTION O. City of South Miami RFP #CSM2018-06, Emergency Debris Removal and Disposal 1.15 lFiU'DatU'Dciati atU'DoJ lBonoJiU'D91lCatpaJcnfty Ceres Environmental Services, Inc. can provide performance and payment bonds from an 'A' -rated, treasury-listed carrier in amounts in excess of $500 million per project. With substantial liquid working capital and additional credit lines available, a lack of financial resources is never an obstacle for Ceres. Ceres has an established, solid 20-year banking relationship with Wells Fargo Bank as well as other financial institutions. Financial concerns such as short-tenm cash flow are not an obstacle for Ceres. The company is able to perform work with its own funds and the timing of payments from customers is a non- issue for the corporation. On the Hurricane Katrina Project, Ceres had up to $140 million in open invoices to the USACE, without an interruption in work performance or delays in payments to the subcontractors. Balik of Record (leiter Attached): Wells Fargo Sixth and Marquette Minneapolis, MN 55479 612-667-5099 telephone Surety Company Contact (letter Attached): Ted Jorgensen Uberty Mutual Insurance Company 150 S 5th Street, Ste. 2800 Minneapolis, MN 55402 612-349-2464 telephone Insurance Company Information IProof of ~nsllrance Attached): Tyler Simmons Christensen Group -IRI 111 00 Bren Road West Minnetonka, MN 55343 952-653-1000 telephone Tab 1 Qualifications Statement Section 6 Financial and Bonding Capacity Page 1.1.6-1 January 18,2017 Ceres Environmental Service 3825 85th Ave N Ste B Brooklyn Park MN 55443-2060 1'0 Whom It May Concern: John BmltziszewsJki Relationship Associate Midalle Mwrket lIonking Sixth Street & Marquette Ave MAC N9305-187 Minneapolis, MN 55479 (~12) 667-5188 Office (612) "67-4144 Fax John.budziszewsld2@weUsfargo.com Please be advised that Ceres Environmental Services ("Ceres") and related entities with COl:nmon ownership interests have maintained an excellent account relationship with Wells Fargo Bank, N.A and affiliates ("Bank") since 1996, and are highly valued customers of the Bal1k. Ceres Environmental Services, Inc. and related entities With COIllll1011 ownership interests have average twelve month funds on deposit with Wells Fargo Bank in excess of $8,000,000.00. These and all other accounts and services have beenhll,ndled ina highly satisfac\:orymannet. Please feel free to direct any further questions to me at the address or telephone nwnber above. Thank you, «~J/"l,/7 ---'~l 1(--f! John Budziszewski \ Relationship Associate Wells Fargo Bank N. A. Wens Fargo Bank, N.A. Together we'll go far March 16, 2018 Re: Ceres lElIllvil'lIlllmelllt~n Semces, Inc. ContraeillR"s lQuaill'l.caltiillllll Statement To Whom It May Concern: Liberty Mutoal Insur@D.ce Comp@D.Y along with Cobb Strecker Dunphy & Zimmermann, Inc. have h@D.dled the bonding requirements of Ceres Environmental S!)rvice~, Inc. for over 29 years. Their project management@D.dfmancial responsibility has always been exceptional. We have bonded individual projects in excess of $500 million and havealithorized work programs in excess of$500 million. Presently, their bonds are written with the Liberty Mutual Insurance Company. Liberty Mutoal Insurance Company is a surety and insurance company currently listed on the U.S. Department of the Treasury Circular 570 list of approved bonding companies which is pUblished annually in the Federal Register, with an A (Excellent) rating in the latest printing of the A.M. Best's Key Rating. Approval of performance and payment bonds of aU projects is expressly conditioned upon acc!)ptable review of the contract terms and scope, bond forms, and financing for the project, as well as other pertinent underwriting information. The arrangementfor performance and payment bonds is a matter between Ceres Environmental Services, Inc. and Liberty Mlitoal Insurance Company, and the surety assumes no liability to you or third parties, if for any reason bonds for any project are not executed. If additional information is required, please feel free to contact this office. Sincerely, ---I ,~ /; ViU'AI/. WI. 'r2/'4! ~/irJ1//~i?#'," <smi'dra M. Engstrum . Attorney-in-Fact Liberty Mutoal Insurance Company Memben' of Liberty Mlllu.ll Gro,,1' THIS POWER OFATTORNEV IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND. This poWeT of Attorney iimits the a_cts of those named herein. and they have no au!horlty to bind the CCimpany except tn the .manner and t9 the _eKtent her.eln stilted. Certificate No. 7967008 Liberty Mtilu~lln$urance Company The Ohio Casually Insurance Company· Wesl American Insurance Company POWER Of ATTO.RNJEV KNOWN AlLJ~ERS9NS" BY TtIESE ·PRESENTS:· Th~1 The Ohi6 casuallt'JnsOrance :Coriipatiy-is ,corooralion duly organized ~~der Ihe:-Jaws' of th"s_'Slate'_af New-Hamp'snire;. that -MOlUal ,lnsur~nce-_,ColT(pariy is a.-c_brporalion orgiinized under",lhe l~wS-_df the:SI?le .-American Insu-ral'ice'-Comp~ny is: a corp'O"rallon-QulY-.-", ...• iii-.~ .I I ':f·~T~'c~~S;): The OhioCasu~lly Ibsur~nc~GompaJiy Uberty Mulual16suhjnceCompanY· . We~t . ~f;!rlcaf1_:lnstir~nce'C(jrnparW- . , ?:.:~, B~~~~~~~/~~~~~~~. ~:;~~;~~~~~~I-~B.~;Y~f~;I~~:~a~~sJ;;~~I~n;:;~~~~f,;:~~1~~~;!~~'~e~l:jJireil(>rs,theCarnpany "~&;5i~II::~.~~ig~~~~ ,r ~r~~1;~~~I~;'~~::lf~!:~i!i;:!~~~ ~:;~~~!~:~i~;a~~ sl1'cnitary Qf Ih~ .c G w: upon thE! Company with -"he -sam~ force'lind"_effectas ". : -.. ': .'. . '; -. -'" I, Renee _ C. Llewellyn! the-underSigned, , The o~;{:c:a$U'aIlY Jn~urallC~-i6~p~ny, hereby certify thaI the original power of attomey '.':> foregoIng' fs·;f~j~/jru.i~o·~:_t-~h~~t:copy of ':~;~~Cit~~t~:i~1:;::i~d;;~;::~,;A,m:~etican Insurance Company.do" A , is in [ull force _and effect and has nol-been revoked. }, . IN-TESTIMO~YWHEREOF, I have hereunlo set my hand and affixed the seals of said Companies.lhis \ t!:··· . 'day of ~+'-"==~.,. _____ -,-_, 20_(_Z_",) _ . 27 of 100 EXHIBIT '1 i?rofessDoll1Jal Services C<QlI1Jtrad .EMERGENCY DEBRIS REMQVAI. AND .DI$POSAI. SERVICES RFP #CSM20 18.06 THDSCONTMCT, entered intq.thls II*' day of Jime.,:20H? , by the ern' 011' SOUTH MIAMi through ItS Manager, both ofwhon)shaUbe hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, Fl... , E'maJI; s.lexander@j;0uthmlamlftgov andCugm Tree Care with an office and principal place of l>uslnessIOcatedat1721$W Spring Creek In., Topel.<a, .KS. 1i6610j .andE"maliaddr!!ss of ggath!l!rs@cUstoilitreeeare.com and Facslmllet.ransmls.sion number qf.78S/47S.41C)S .(herelnafter called the "CONTRACTOR"). WDTNJE$i$IETtiI: . . WHEREAiS, the CITY IS In need 6fIEMER(jjENC'\f DEBRIS !REMQVAI!., AND DUiSPOSAl f§EiRyicEs; and . Wi-IEREAiS, the CITY desires to retain CONTRACTORtopr6YldethereqUlredgo~dsand/qr' servlteSQased qn CONTRACTOR's representations whlchteflectthat C:ONTRACTOR Is qualified and capable of pl"e)yld)ngsal.dgQods iI.nd/or services In a pr6fEissl6hai and timely malinerarid Ih. accordance wIth the CITY's goalsaridrequl!'¢lnents; and WHE!REAS, CONTRACTOR has agreed to provide ~he required goodsMd/qrse.rvlces In accordance with theterms.anlLcondltions setJorth herein. INlOW, THEREfORE, Inc:onsi<leratI6n of tns. mutual covenants and agreements herein contained, thepartle$ ag!'¢eas{ollows: .. . 1)lEngagementofCoDltractor: Based on the reJ)resentatlons qfCONTRACTORanet qut In the following "checked"documents the CITY hereby ret.alns c6NTRACTOR~ prOVide the goods and/or services set forth Ihsald proposal, quote or response to solicitation, whichever Is applicable, as modified by the Contract Documents, or as is otherwise set forth In the Contract bocuments define~ belqw (all of Which is hereinafter referred to as the Work"). (Cf'lEick the box Immediately preceding the document described below to Indicate that such document Is part of this' Contract) r"l Contractor's response to the CITY's written solicitation; or 2) Contract Documents: The Contract DocumentS shall Include this Contract and the {ollowlng "che.cked documents", as well as any attachments qr exhibits that are made a part of any ofthe "checked documents". (Check the box immediately preceding the document described below to indicate that such document Is part of this Contract) ["] lli<colfl'''' I(!)Ueo'1liO':e$,llie", ,Il:,¢j;a«:!imein1: n [-v] <COT"'. Oin5IW21"Ce dh n"m1 .. mu-i.llkOltoOD'U IRlI9~J";~l!imro"int5. l\iel9 ,Il:,tiac!imroeD1~ 4 . Contractor shail provide the City with a ['er'formance am:1 [>aymeRt Bond in tile<amountof$5,ooO,OOO or . I 00% of the contract Value whichever Is great(\r, within tlll'ee (3) calendar days of a written notice to proceegby the City, This Contractand the General Conditions to Contract, Supplementary Conditions, the Solicitation,. Scope of Services and "Other .Docum .. nts", If any are "checked documents'" shail takeprec!!d~nt oVer the response to the CITY's Bid DocllmentS, If any, or the proposal or the quote, If any, The· "checked documents"are attached hereto and made a part hereof byrefetence. .. 3) /I)_te ofCommencemellt: CONTRACTOR shall CQmmence the performance of the Work under this Contract on the date as set forth in the text foilowlng a checked box, []Roi:11W! or a [1/] date to bespeclfled In a Notice to Proceed, .or f'Llrchase Order, (hereinafter referredti)as the "Work Commencement Date"), or as set forth in the CQNTRACTOR'S proposal or quote and shall complete the performance hereunder within . NI A days or the lengthoftlme setforthln the Contract Documents, .whicheverl~ tile shorter period of time, in any event,. the term. shall not excee.clllve years, Time is of the essence, 4) IPrlma6'j/ iCorntaCl:s: The Primary Contact Person In charge of administering this Contract on beh:ilfofthe CiTY Is the City Manager ("Manag",r"), assistant Manager, or the Manager's designee, who shall be designated In a writing signed by the Manager, The for CCIN'",RA,CT'OR ""u m .. :,)"r COr!ta~;tli1fc?f'll1atlon is as follows: The goods andlor services . "checl(ed documents", 6) iCempensmtlern: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract, or CONTRACTOR's paymentS in the event CONTRACTOR Is paying the City for the uses of the CITY's property or services, (heB"elrna1ter referred to as the Contract Price) shall be as Indicated next to one of thefoilowhig checked boxes, [Vbs set forth In CONTRACTOR's response to the CITY's written solicitation, If any, or, If none, then .as set out In CONTRACTOR's proposal or quote, ~~ the Scope of Services, or as set forth In, or modlfled by, one of the Contract Documents, whichever Is applicable. 1) Hours of Werle: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is Included in the Contract Price, However, nothing contained herein shail authorize work on days and dUI'ing hours that are otherwise prohibited by ordinance unless speciflcaily authorized or instructed in writing by the City Manager, the Manager's assistant or designee. II) Time Provisions: The term of chis Contract shall commence on the Work Commencement Date and shall continue for Three (3) Years, or until it expires on iNl(tt.;, or unless earlier terminated according to the Contract Documents, Notwithstanding the foregoing, this Contract may be extended by an additional Two (2) Year period if the extension Is In writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sale and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreemen~ or any attachments thereto, this Agreement shall not exceed a total term of Five ($) Consecutive rears, including any extensions thereto. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) AppUcab/e law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract Venue for all proceedings shall be in Miami-Dade County, Florida. I !) Duties and /RespolisIMUtles: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods andlor services to be performed hereunder, and shall commit no trespass on any private property In performing any of the work embraced by this Contract. Each and every provision andlar clause required by law to be Inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions andlor dauses Were Included herein. ff 2) C~alllge Ordelrs: No additional Work or ertras shall be done unless the same Is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. D 3) lU"ellse. and CertlficatiollS: Contractor shall secure all necessary business and profession,llicenses at its sole expense prior to e)(ecuting this Contract or commencing the Work. ! 4) Dnsurance, Hndemnifocatillil &. /Bom!ing: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. I iii) liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $ ff ,000 lIer day until the Work is completed. 16).1"'1' Tr;al Waiver: The parties waive their right to jury tria/. 17} Entire Agreement, Modification, a"" Non-wah,ell': The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing. signed by both parties hereto and if this Contract is required to be approved by the City CommiSSion, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, In general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 18) Public !Records: CONTRACTOR and all of its subcontldctors are required to comply with the public records law (s.119.070 I) while providing goods andlor serv',ces on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorpoldte this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the publiC agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exemj>t from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and follOWing completion of the Contract if CONTRACTOR does not transfer the records to the j>ubllc agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records, that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keej>s and maintains public records upon comj>letion of the Contract. CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the j>ublic agency, upon request from the public agency's custodian of public records, In a format that is compatible with the information technology systems of the public agency. if i!:ONiTMC'fOR HAS QiJlESTOCNS RIEGARDIINIG THE AIl"U"!.llCATHONI OIl' iCHAIPTIER i i~, flORiDA :§'fA'fYTIES, 'ftl:» nilE i!:ONl'fAAC1rOR'S I!:IOJTI 'ftl:» IPRtI:»VmlE IPUli!\lOC: RIEi!:O!RDS RELATING TO n"onS eC",TIRlACT. CON'fACT THE CYSTODHANI 0111' IPUIlILUiC REiCORDS AT ]@~.M3-n4@; E-mail: illlj!DliYilll®@s«l>u¢hmi .. mllll.go1f; (Ii I]@ SUII$I!l~ Drw<>, South Moami, IFl "n I,,], n 9) Background :lic.-eel1ling. All personnel and volunteers that will j>rovide any service with vulnerable persons, as defined In Section 435.02, Fla, Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with level II Background Screening and fingerj>rinting requirements as j>er, Rorida Statute Ch, 435 prior to the scheduled start of any emj>loyee or volunteer. CONTRACTOR shall prevent any and all of it. personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 10) Drug II'raa WorkjDlace, CONTRACTOR shall comply with the Drug Free Workplace policy set forth In the City of South Miami's Personnel Manual which Is made a part of this Contract by reference. 1.') Transfer and Assignment, None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied Without cause. 1.1.) ilBlln-Appropr;atDon of lI'unds, In the event that no funds or Insufficient funds are approj>riated and budgeted or are otherwise unavailable in any fiscal period for j>ayments due under this contrac~ then the City. uj>on written notice to CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee. warranty or representation Is made that any particular proJect(s) will be awarded to any CONTRACTOR. 23) MIDst Favored] !Public Entity. CONTRACTOR represents that the prices charged to City In the proposal do not exceed existing prices to other customers for the same or substantially similar Items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with City, prOVide the same goods or services with the same comparable quantities under similar terms, condl1:lons, wages, benefits, Insurance coverage and any other material cost factors, CONTRACTOR shall Immediately extend the same prices to City. 24) Notices. All notices given or required under this Contract shall be deemed sufficient If sent by a method that provides written evidence of delivery, Including .. mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mall, sent to the address contained herein for the parties or their contact persons. as not deliverable or for failure to claim the mail shall be deemed received on the date that the mall Is returned to sender. :;IS) Hn<ileml1lillcatioii. In the event that any of the contract documents provide for indemnification. nothing contained therein shall Imply that the City has waived Its sovereign immunity as provided by Florida Statute. Section 786.28 and anything to the contrary contained therein shan be null and void and of no force or affect. BN WiTNESS WHEREOf, the parties, have executed this Contract. on or before the date first above written, with full knowledge of its content and Significance and intending to be legally bound by the terms hereof. Read and Approved as to Form, Language, Legality and Execution Thereof: ~~g, By: _~=-__ ./?""' ___ r--,P/ __ ' City Attorney 8Y:~. ~ [name sjgnatoryl~ C",~-(' CITY OF sOUry.':!~MI---',,----___ _ ~/ 8y: _------~ .-~ Steven Alexander City Manager END OF SECTION EXHIBIT Nco i Il"RO!IEC1r ~ACI<GIROUND " SC:OIl"IE OIF SERVICES Attachment A EMERGENCY DEBRIS REMOVAL AND DiSPOSAL SERVICES RFU' #CSM20 18·06 South Miami is a City in Miami·Dade County, Florida, United States. The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for 20 I 0 it was I 1,657. State of Florida uses Bureau of Economic and Business Research (BEBR) numbers for calculations for budget and this number is 12,912. The City of South Miami uses a City Manager form of government. The Commission sets the policies and the City Manager acts as the chief executive. Commissioners are elected to four· year terms and the Mayor is elected to a two-year term. Elections are held on the second Tuesday in February in even numbered years for the Mayor and half of the Commissioners. The Commissioner receiving the most votes is also given the title of Vice Mayor for the first two years of the term. The last election occurred in February 20 lB. South Miami City Government as of February 14, 20lB • Mayor: Philip Stoddard, Ph.D. (Mayor until 2020) • Vice Mayor: Walter Harris (Vice Mayor until 2020, Group III Commissioner until 2022) • Commissioner Group I: Luis Gil (Group I Commissioner until 2022) • Commissioner Group II: Josh Liebman (Current term ending 2020) • Commissioner Group IV: Robert Welsh (Commissioner Group III until 2020) The City's Emergency Management team is responsible for developing, coordinating and leading the City's Emergency Management Program, enabling effective preparation for, and efficient response to, emergencies and disasters in order to save lives, reduce human suffering and reduce property loss. To accomplish this mission, the Emergency Management team: ® Develops plans and procedures to ensure the highest levels of mitigation, preparedness, response and recovery; Maintains a comprehensive, risk-based, multi-hazard emergency management and training program; and • Coordinates Federal, State and Local resources for mitigation, preparedness, response and recovery operations. Thomas F. Pepe 12114/2016 The City of South Miami seeks the services of a qualified firm(s) to assist the City in its Emergency Debris Management Planning and to provide services for the removal and lawful disposal of large volume disaster-generated debris from public properties and pUblic rights-of-way in order to eliminate immediate threats to life, public health and safety, and assist in the economic recovery of the City in the event of a natural or man-made catastrophe. The planning approach is formulated in part on the concept of strategic pre- positioning of plans and resources necessary for timely, coordinated recovery operations, including removal of debris from public property and right-of-ways throughout the City using a combination of City and selected Respondent forces. The Respondent must have the capacity to manage a major workforce with multiple subcontractors and to cover the expenses associated with a major recovery operation prior to the initial payment and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. The Respondent must also have an established management team, an established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. The contract to be awarded under this Request for Proposals will be a contingency contract that will be activated only in the event of an emergency. As such. no compensation will accrue to the selected Respondent unless and until the contract is activated either in anticipation of a natural disaster or immediately after such disaster. l13ased OUI the proposC!JOs received, the City shall hC!Jve the right tc iIlIwQ1m cCUltrilllcts tc ma.ultiple lRespClmdeD1ts, wheD1 deemed iUl its /best uUlterest, tc iIlIcccmplish the widle miB1ge cf services dletOliledi Dfil this specificOlticfll. (;(mtrOlcts shall /be iIlIwiIlIrdedi for iIlI thr<!!e (3) year term with @D1e (g) two (1) yeaR" optioUl to refllew, Olt the diiscretDcD1 cf the City MOlfllilllger, fCD" term D1©t tc exceedl five (5) C@D1seca.utiwe yeC!Jn. In addition, the selected Respondent who receives a contingency contract for the work will be required to participate in certain City-directed disaster recovery training and/or exercises at no additional cost to the City. The purpose of this Request for Proposals (RFP) is to solicit Proposals from qualified firms and contractors who can provide emergency debris and disaster recovery services. The City expects each Respondent to clearly outline its best and most comprehensive resources in its response, because all services and responsibilities identified in this Solicitation will be awarded to the selected Respondent. Thomas F. Pepe 1211412016 To be eligible to respond to this Request for Proposals and be considered for award, the Respondent must demonstrate to the satisfaction of the City that it or the principals assigned to the project has successfully provided services, similar in scope and complexity, and have previously performed emergency debris and disaster recovery services for a municipality or other public entity. Respondent must meet the following minimum qualifications to be considered for award of this contract. Failure to meet the minimum qualifications may result in rejection of the Proposal. a. Respondents must submit evidence that they possess the training, qualifications, experience, knowledge, and resources to perform the necessary work at the level of effort and service, based on the anticipated or projected needs of the City. b. Respondents must have at least five (5) years' experience satisfactorily providing the proposed services to a municipality or other public entity. If the Respondent does not have any experience with providing similar services to a public entity, the City may accept similar experience for a private entity, at the City's sole discretion. c. The assigned professional personnel of the Respondent must be qualified to provide the services, and must have experience specific to emergency and disaster operations, and the support services provided that are crucial to the recovery effort, including being familiar with Federal Emergency Management Agency (FEMA) policies and procedures and the City's Emergency Management Plan (EMP). d. Respondents shall submit written documentation such as letters of references and a list of clients who are public entities, (or private clients, at the discretion of the City) as evidence that they meet the requirements. The selected Respondent shall keep on its premises, or such other place approved by the City, current, true, accurate, and complete records and accounts of all services provided to the City, and shall give the City or City's representative access during reasonable business hours and upon three (3) business days' notice to examine and audit such records and accounts. Such records shall be maintained at such standards to allow, a certified auditor the ability to properly examine the records in order to certify a statement of the selected Respondent's business with the City. The selected Respondent shall at all times comply with all rules, regulations, and ordinances of the City and other governmental agencies having jurisdiction. The selected Respondent shall further take all precautions and extreme care to conduct its activities in Thomas IF. Pepe 12/14/2016 a safe, professional, and prudent manner with respect to its agents, employees, sub consultants, members, visitors, and participants. DEFAULT: a. In the event the selected Respondent defaults in the performance of the contract, the City shall have the following options: i. The City will give the selected Respondent thirty (30) days' written notice of default. If the problem is not resolved within the thirty (30) days, the City may immediately terminate the contract upon providing written notice of the selected Respondent's failure to timely cure the default and obtain the services elsewhere. ii. The City may recover at law any and all claims that may be due to the City from the selected Respondent. iii. The City may perform such work as it deems necessary to cure the default or subsequent default and charge the selected Respondent for the full cost expended, plus thirty percent (30%) of the cost for administrative overhead. b. The acceptance of all or part of monies due for any period after a default shall not be deemed as a waiver of any of these options, or a waiver of the default or subsequent default of the same or any other term, covenant, and condition. c. The selected R.espondent agrees that the City shall not be responsible or have any liability whatsoever for any alleged damages, claim of lost profits, or otherwise in the event the City declares the selected Respondent in default hereunder. The selected Respondent shall not commence any performance of work pursuant to the terms of this Solicitation until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of AM. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of South Miami shall be notified at least thirty (30) days in advance of cancellation, non- renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or· copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Respondent's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of South Miami. Thomas F. fepe 12/14/2016 The selected Respondent must submit a current Certificate of Insurance, naming the City of South Miami as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. u:f.fff~ TO !EXHIBIT No. 2, "DflSuTomce CIImi IndemnificCiition." VUH. !REQUiRED CLAUSES fROM IFEDElRAl EMERGENCY MANAGEMENT AGENCY (FEMA): The Federal Emergency Management Agency (FEMA) requires that the following terms and conditions be incorporated into this Solicitation and subsequent Contract. By submitting a Proposal in response to this Solicitation. the Respondent acknowledges and agrees to adhere to the specific requirements of these clauses. Thomas F. lPepe 1211412016 A. KEY DEFINITIONS (I) Federally Assisted Construction Contract. The regulation at 41 C.P.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant. contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance. or guarantee under which the applicant itself participates in the construction work (2) Construction Work. The regulation at 41 C.P.R. § 60-1.3 defines "construction work" as the construction. rehabilitation. alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. a. During the performance of this contract, the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited Thomas F. lPepe 1211412016 to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be proVided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor shall comply with all provIsions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor shall furnish all information and reports required by Executive Order I 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally . assisted construction contracts in accordance with procedures authorized in Executive Order I 1246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise prOVided by law. (7) The contractor shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of Thomas F. lPepe 1211 4/20 16 paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules. regulations. or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order I 1246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor. The contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions. including sanctions for noncompliance: Provided. however. That in the event a contractor becomes involved in. or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT (I) The contractor shall comply with 18 U.S.c. § 874. 40\ U.S.c. § 3145. and the requirements of 29 C.F.R. pt. 3 as may be applicable. which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require. and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract. and for debarment as a contractor and subcontractor as provided in 29 C.P.R.§ 5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Compliance with the Contract Work Hours and Safety Standards Act. (I) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor Thomas F. Pepe 12/1412016 shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of South Miami shall upon its own action or upon written request. of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section. D. CLEAN AIR ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Thomas f. Pepe 1211412016 E. FEDERAL WATER POLLUTION CONTROL ACT (I) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251 et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appn?priate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. F. SUSPENSION AND DEBARMENT (I) This contract is a covered transaction for purposes of2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defif1ed at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.P.R. pt. 180, subpart C and 2 C.P.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of South Miami. If it is later determined that the contractor did not comply with 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of South Miami, the Federal Government may pursue available remedies, including but not limited to suspension andlor debarment. (4) The contractor agrees to comply with the requirements of 2 C.P.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder Or Respondent further agrees to include a provision requiring such compliance in its lower tier covered transactions. Thomas IF. lP'epe 1211412016 G. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.c. § 1352 (AS AMENDED) The contractor/respondent agrees to cooperate with the City in order for the City to recover as much of its debris removal cost as possible from the federal government, including FEMA. and to provide all necessary documentation, including Certifications regarding lobbying. Currently, FEMA requires that the City and all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose lobbying activities seeking to influence federal officer, employees, members of Congress in connection with obtaining federal contract, grant or any other award covered by 31 U.S.c. § 1352. All respondents, by submitting a proposal, agree to provide Certification regarding Lobbying as required by the federal government and/or its agencies. H. PROCUREMENT OF RECOVERED MATERIALS (I) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA· designated items unless the product cannot be acquired- (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, 'DYfJ}.:lIwww.epa.gov/cpg/. The list of EPA-designate items is available at httll:llwww.epa.gov/c!)g[products.htm. I. ACCESS TO RECORDS The following access to records requirements apply to this contract: (I) The contractor agrees to provide the City of South Miami, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. Thomas IF. Pepe 12/14/2016 (2) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DISASTER RESPONSE SERVICES (DRS) SEAL, LOGO, AND FLAGS The contractor shall not use the DRS seal(s), logos, crests, or reproductions of flags or likenesses of DRS agency officials without specific FEMA pre-approval. K. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor shall comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter reSUlting from the contract. M. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The contractor acknowledges that 31 U.S.c. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. O. ~~ND/GlilAIlU.NT'If -IPIE~lF~~MANCIE AND IPA'lfMIENT B~ND$ Contractor shall provide the City with a lPerlolrmam:e all1d l"aymeU1lil: ~oU1ld DU1l the amm.urot of $5,@(I)(I),@(I)(I) OU" ~ @@% of the cOU1lil:U"ad vaiQ.!e, whichever is greater, within three (3) calendar days of a written notice to proceed by the City. One activated, the Performance and Payment Bonds shall be in force for a period of not less than one year from the date of the original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the payment of all Thomas F. ~epe 12/1 4/20 16 subcontractors, materials and laborers. If the value of the contracted work increases, the Contractor shall be required to provide an updated Performance and Payment Bond ,in an amount equal to the new value, NOlTE: A lETTER fROlM YOUR BOlNDiNG COMPANY THAT VERUIF!IES YOU CAN COlMPl Y WITH THUS REQUIREMENT AND THE MAXiMUM AMOUNT UN WHICH YOUR FIRM CAN BE BOlNDIED MUST BIE 8NClUDIED WITH YOlUR PROPOlSAl. fAiUJRIE TO SUBMIT THE lETTER WiTH YOlUIt PItOPOSAl SHAll RENDEIt YOUR PROlPOlSAl NON-RESPONSiVE. END OF SECTION EXHIBiT ~ PiROnECT BACKGROUND 8< SCOPE OF SERV~CIES ATT~CHMI.:NT B EMERGENCY DEBRiS REMOVAL AND DiSPOSAL SERViCES IRFP #CSM20 18-06 A detailed list of tasks/service requirements to be provided by the Respondent is included in this Solicitation as !EXHIBIT D, PROJECT BACKGROUND & SCOPlE OF SER'IDCIES, Attachment "tI, 18, C & D." tI Street af' of the City of South Miami is included as Attachment C. The City's T emporo6'lf Staging Debris Staging (md Reclw:tlons Sites is indi8decl as Attacillment D. A corresponding Pricing Schedule for the tasks/services is included as IEXH8fBff 4J "Respondents Cost (md Tedim8c@D C>ropos@/." This Pricing Schedule, must be included in your Proposal documents and may include additional items that the Respondent deems necessary to provide the services contemplated in this Solicitation. The selected Respondent(s) shall perform the services detailed in this specification in a timely and expeditious manner. If the disaster is such that it may reasonably be predicted in advance, selected Respondent (s) shall have management personnel within the City's Emergency Operations Center (EOC) at least 24-48 hours prior to the arrival of the disaster. If the disaster is such that the disaster could not be predicted, the selected Respondent (s) shall have management personnel within the EOC within 24 hours after the event. Selected Respondent's management personnel shall assist the City to plan a response, plan for the arrival of the event if possible, assist with the Emergency Push, and conduct debris removal. Selected Respondent (s) shall mobilize work crews and heavy equipment within such period of time as may be set forth within the Notice to Proceed. Crews shall be mobilized in a staggered phasing so as not to overwhelm the resources of the City's monitoring personnel. As part of its proposal, Respondents shall describe their mobilization program and past experience with such mobilization. Selected Respondent (s) should clearly detail experience in large, previous compelling mobilizations, to multiple sites, with short time frames. The Selected Respondent (s) shall, after Notice to Proceed and with the City's direction, provide a Work Plan showing where operations will begin and which streets/roads will be cleared and collected on a daily basis. The Plan shall be updated each day of operation. The selected Respondent(s) shall provide a daily update of progress, showing the streets cleared by map, the volumes recovered, the location of crews, and the estimated percentage completion and, shall be accessible by the City. Respondent shall provide examples of such work plan, their web-based programs, thek plans for ·ltS use, and the hosting thereof in their proposal. Thomas f. Pepe 12/1<12016 Upon notification by the City to begin emergency debris collection operations, the selected Respondent (s) shall safely commence disaster and debris management activities including, but not limited to, complete documentation to support federal, state and local reimbursements, furnishing all labor, materials, and equipment to accomplish the following types of tasks: a. Clearing and/or removing debris from the public right-of-way (ROW), streets and roads or publicly owned property, as directed, to secure the public's safety. When requested by the City, the selected Respondent (s) shall also assist the City or its agent(s) to provide services on private property (i.e., single private property, gated communities, and controlled access communities); b. Establishment, management, permitting and operation of debris reduction s.ites to accept, sort, process, reduce, incinerate, and dispose of event related debris. All sites shall be approved by the City prior to the commencement of operations; c. Demolition and removal of condemned structures and buildings that pose a threat to public safety that are a result of the disaster event; d. Tree trimming, tree topping, tree removal, stump grinding, grubbing, clearing, hauling, and disposal. Providing all permits and services necessary for the containment, clean up, removal, transport, storage, testing, treatment and/or disposal of hazardous and industrial materials, including white goods, resulting from the event; e. Removal of sand and earthen materials from roads, streets, bridges and right-of- way and stockpiling at the closest City designated site; f. Cleaning and opening of drainage systems and retention areas; g. All areas throughout the City where debris removal is accomplished and there is damage due to the selected Respondent(s) operations, the selected Respondent (s) shall be responsible for returning these areas to their original condition. All damages to pavement, sidewalks, curbs, utility lines or any other infrastructure shall be repaired or restored to the satisfaction of the City; and h. Debris collection shall be performed in no more than three (3) separate passes. Prior written approval to commence work on each pass must be obtained from the City. The City may elect to have the selected Respondent(s) perform additional debris removal. The City will issue a written change notice to authorize any additional passes prior to the commencement of the work. The selected Respondent(s) shall work in conjunction with the City to provide act'lvities, including but not limited to management, staff augmentation, support capabilities, consumables, temporary facilities, monitoring towers, transportation support (trucking Thomas F. lPepe 12/14/2016 and static support assets), power generation, portable lights, communications equipment, debris removal, deployable personnel, and major end items and development of operational procedures for Logistical Staging Areas (LSAs), base camps, comfort stations, food and lodging. The City will not pay any travel Per-Diem costs incurred by the selected Respondent(s). V. DOCUMIENTATiON MANAGIEMENT AND SlIPPORT: The selected Respondent(s) shall provide data management and support to the City during the disaster recovery effort, including but not limited to: a. Assist the City in the preparation of FEMAlFHW A and State reports for reimbursement, including training of agency/department employees and review of documentation prior to submittal; b. Work closely with State Emergency Management, FEMAlFHWA, and other agencies to ensure that debris collection, debris disposition, and all supporting data meet each agency's requirements for reimbursement eligibility; c. Utilize City tracking documentation and/or provide approved collection/disposal tickets, field inspection stations and reports, and other required documentation to support and provide substantiation for FEMAlFHWA, Federal, and/or State reimbursement; d. Selected Respondent(s) shall conduct daily meetings with the City to provide updates on the status of operations, discuss issues/problems, and daily work schedules. The selected Respondent(s) shall provide daily reports in a format approved by the City that detail the progress of the debris removal and disposal program. Such reports shall 'Include a description of all areas where work was done detailing the street names, beginning and ending cross streets, address blocks, and city limit lines when applicable where debris removal was completed. The reports must also include the types and volumes of debris transported, reduced and disposed. The reports shall include issues requiring attention and other information requested by the City; e. Selected Respondent (s) shall maintain, in an approved and safe place at the site, one record copy of all load tickets, disposal tickets, field inspection reports and other data sufficient to provide substantiation of debris removal costs for Federal and State reimbursement applications along with Written Amendments, Change Orders, Work Change Directives, Change Orders and written interpretations and clarifications in good order and annotated to show all changes made during the execution of the work. These record documents, together with all approved samples, shall be available to the City for reference. Upon completion of the work, these record documents and samples shall be delivered to the City; and f. Selected Respondent(s) shall maintain adequate records, documents, and information to justify all charges. expenses and costs incurred in performing the work for at least five (5) years after completion of this contract. Thomas F. lPepe 1211412016 Selected Respondent(s) shall provide technical expertise and guidance to support the City during the disaster recovery effort including, but not limited to: a. The City's Emergency Management Plan, including plan review and plan revision; b. Damage assessment including staff training and staff augmentation; c. Critical facilities assessment, including facility inventory and facility assessments; d. Comprehensive mitigation program development, including mitigation plan, staff training, cost benefit analysis, project management, GIS mapping, environmental review and staff augmentation; e. Support of the City's debris plan and City compatible GIS mapping, including staff training; f. Project management, to include the formulation and management of permanent work projects, task force management and management services for the City; and g. Provide technical support and assistance in developing public information. The City may employ the services of a Debris Monitoring Consultant to provide oversight of the selected Respondent(s) operations. The Debris Monitoring Consultant, at the direction of the City, acts as the City's agent and has authority to act on its behalf, including direction to the selected Respondent(s) on all operational, reporting and administrative matters. a. Preparation and layout of the site; management, maintenance and operation of the TDSRS, including but not limited to, the sorting, segregation, processing and reduction (chipping, grinding or incineration); groundwater and soil testing; furnishing materials, supplies, labor tools and equipment necessary to perform services; providing traffic control, dust control, erosion control, inspection tower(s), utilities service, lighting, ash and hazardous and toxic waste containment areas, fire protection, permits, environmental monitoring and safety measures; loading reduced/stored and initiating load tickets for final disposition; and closure and remediation of the TDSRS. Thomas F. I?epe 12/14/2016 b. Selected Respondent(s) TDSRS shall have appropriate site entrance and controls, four (4) person monitoring tower(s) built to the Army Corps of Engineering standards, bathroom, 24-hour site management and communications. c. If incineration is used, the site shall have a 24-hour fire tender. d. All waste received shall be processed within 60 days, in first-in-first-out processed basis, where possible. Where the selected Respondent(s) uses an existing disposal facility, the selected Respondent(s) shall be responsible for tip fee rate, not to exceed the City's approved rate(s). The selected Respondent(s) shall be responsible for documenting cubic yardage and tip fee rate without mark up. e. All TDSRS sites and other debris collection sites shall be maintained in full accordance with all applicable federal, state and local laws, ordinances, regulations and standards. INIOT!E: lI\efeU'to !El\\l1ibot ~. "I"II\OjIECT I!!lACKGIlI.OUINID " I!;CO!"IE 011' SiIEIRVUC!E$," A TT ACHMIEINIT D, "CUTY 011' $OUTH MOAMU TIEMI"OMIRY DIEI8IRUI!; SiTAGHINIG AND fl.IEDUCTROINI SiUTrE$" All equipment used in the performance of this contract shall be in good operating condition and in compliance with all applicable federal, state, and local laws, ordinances, regulations and standards. All equipment including, but not limited to grinding equipment, generators, light towers, etc., shall be equipped with a properly functioning accurate hour meter. Prior to start of work, all vehicles used by the selected Respondent (s) for debris collection must be measured for capacity, properly documented for FEMAlFHW A purposes, and appropriately marked by the City. Vehicles may be re-measured at any t"lme at the discretion ofthe City. The selected Respondent(s) debris removal crews shall consist of the following minimum resources: a. One self-loader or a combination of three hauling units that can be mechanically loaded by a front-end loader or other appropriate equipment; b One saw man and two laborers with all pertinent equipment; and c. Two flagmen for traffic control. Selected Respondent(s) shall have at least one hot spot crew. The crew shall consist of one self-loader plus the minimum crew specified in above scope of services. The hot spot Thomas F. Pepe 12/14/2016 crew shall respond to urgent requests from the City and shall begin operation within 24 hours after Notice to Proceed. The City may require additional hot spot crew(s) for each collection zone or region of the City. Selected Respondent(s) shall be responsible for obtaining all permits, licenses, certifications, etc., required by Federal, State, County, and City laws, regulations, codes, and ordinances for the performance of the work required in these specifications and to conform with the requirements of the law. The following list of services shall be incorporated into the emergency debris management and disaster recovery services detailed herein at no additional cost to the City: a. Training and Assistance Sessions for all key City personnel and assistance in all disaster debris recovery planning efforts, as requested. b. Preliminary Damage Assessment Determine the impact and magnitude of the disaster event before federal assistance is requested, identifying damaged locations and facilities, assessing and prepar.ing initial estimates of debris volumes, distinguishing between pre-disaster damage and disaster-generated damage, documenting eligible costs and describing the physical and financial impact of the disaster. c. Mobilization and Demobilization All arrangements necessary to mobilize and demobilize the selected Respondent (s)'s labor force and equipment needed to perform the Scope of Services contained herein shall be made by the selected Respondent (5). d. Mobile Command Unit Selected Respondent (s) shall provide space in its mobile command unit(s) for up to four (4) City debris recovery management personnel, to serve as a field operations command center. e. Temporary Storage of Documents Selected Respondent (s) shall provide storage of all disaster-related documents and reports for protection during the disaster event. f. Debris Planning Efforts Thomas F. lPepe 1211412016 Selected Respondent (s) shall assist in all disaster debris recovery planning efforts, as requested by the City. These planning efforts shall include but shall not be limited to, development of a debris management plan, identification of adequate temporary debris storage and reduction sites, estimation of debris quantities, and emergency action plans for debris clearance, following a disaster event. ,}{VOH. g. Closure and Remediation of the TDSRS location(s) Selected Respondent (s) shall remove all equipment and temporary structures and shall dispose of all residual debris from the TDSRS at an approved, final disposition site. Ash piles shall be tested using the Toxicity Characteristic Leaching Procedure, and ash shall be disposed of in a Class I landfill if contamination is not found. If unacceptable levels of contamination are detected, the ash shall be disposed of in a hazardous material landfill. Once stockpiled debris is removed from the site, the selected Respondents (s) shall test soil and groundwater, and the test results shall be compared to baseline test results to determine if contaminants are present. The selected Respondent (s) is responsible for the reclamation and remediation of the TDSRS location site to its original condition. h. White Goods Selected Respondent (s) shall recycle all eligible white goods in accordance with all federal, state and local rules, regulations and laws. The City reqUires written evidence that a Respondent is an established business operating in compliance with all local, state and federal laws. Each Respondent shall be licensed and qualified to do business in its area of expertise and must submit copies of all applicable licenses/certifications with their proposal. The selected Respondent (s) shall maintain the appropriate licenses and certificates throughout the term of the contract. Respondent certifies that its company is a licensed General Contractor, preferably in the State of Florida, or a jOint agency with a Florida General Contractor. Respondent must submit a copy of the license with the proposal and be in good standing with the State regulatory body. No specific deSignation is required, only that the company is properly licensed as a Contractor. Respondent must show its qualifications in the handling of hazardous materials and household hazardous waste. This requirement may be demonstrated by listing the company's employees and their respective Hazardous Waste Operations and Emergency Response (HAZWOPER) licenses, asbestos licenses, and other related qualifications. All subcontractors, suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) shall be submitted to the City prior to contract award for review and acceptance. The City's acceptance, in writing, of any such subcontractors, suppliers or other persons or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case the selected Respondent (s) shall submit an acceptable substitute. Throughout the term of the contract, the selected Respondent (s) shall update the City when any changes are Thomas f. lPepe 1211412016 xux. XXU. made to the list of subcontractors. The City shall have the right to review. accept or reject any subcontractor. and will notify the selected Respondent (5) in writing of its decision on the requested changes. /Respondents sholl complete the "Usti!'»g of Proposed S8JbconUactors and Principal Suppliers" form; refer the "Proposal Submittal CheclcJist Form ill RFP. Selected Respondent (s) shall be fully responsible to the City for all acts and omissions of the subcontractors. suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (s) just as the selected Respondent (s) is responsible for the selected Respondent (s)'s own acts and omissions. Nothing in the resulting contract documents shall create for the benefit of any such subcontractor. supplier or other persons or organizations. any contractual relationship between the City and any such subcontractor. supplier or other persons or organizations. nor shall it create any obligation on the part of the City to payor to see to the payment of any money due any such subcontractor. supplier or other person or organization. except as may otherwise be required by laws and regulations. The selected Respondent (s) shall be solely responsible for scheduling and coordinating the work of sullcontractors. suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (s). The selected Respondent (s) shall require all subcontractors. suppliers or other persons or organizations performing or furnishing any of the work to communicate with the City through the selected Respondent (s). All billing statements or invoices for payment of services shall be original and should be sent to City. Billing statements or invoices should include company name and address. locations of where work has been performed. reconciliation sheets for each day's work. and support documentation as required. The selected Respondent (s) shall be responsible for all work andlor debris deemed ineligible. RIETAUINAGIE: Retainage will be withheld from each contract payment in the amount of ten (10 %) percent. Retainage will be released upon the completion of the project including the resolution of all complaints. but not sooner than 90 days after the completion of all contract work to insure timely completion of the project andlor discovery of damage to public or private property. If Retainage exceeds $1.000.000 Dollars. it shall no longer be collected or withheld. Invoices submitted for payment shall be accompanied by an electronic worksheet. in Microsoft Excel format. which includes information contained in the approved worksheets Thomas IF. Pepe 12/14/2016 }O{m. andlor debris ticket. The final format of the daily worksheet and information to be contained will be approved and agreed upon by the selected Respondent (s) and the City. Any discrepancies between the City's records and the selected Respondent (s)'s submittals must be rectified, to City's satisfaction, by the selected Respondent (s), before payment on those items will be made by the City. Selected Respondent (s) shall computerize all tickets daily and present to the City as a summary reconciliation document within (48) hours of the daily completion of the work. Selected Respondent (s) shall note that thousands to tens of thousands of tickets may be produced per day and selected Respondent (s)s shall utilize a computer program to encompass such potential volumes. Selected Respondent (s) should provide sample forms and program formats, describe their data processing experience, their data management center (if any), their data management programs and procedures, and their key data management personnel in their proposal. The City and selected Respondent (s) shall meet daily (within 48 hours of the issuance of the tickets) to reconcile tickets and work performed. Selected Respondent (s) shall revise the computerized reconciliation sheets with any corrections discovered and re-present a corrected Daily Reconciliation sheet to the City for signature within twenty-four (24) hours thereafter. Both the City and the selected Respondent (s) shall execute each Daily Reconciliation sheet after being verified as correct. Such Daily Reconciliation sheets shall then become the basis for billing. Selected Respondent (s) shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to its employees on the job, and others. The Selected Respondent (s) shall comply with all applicable provisions of federal, state, and municipal safety laws, insurance requirements, standard industry practices, the requirements of the operations and this contract. The selected Respondent (s), directly or through its subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the work. necessary safeguards for the safety and protection of the public, including securing areas, posting danger signs, place carding, labeling, or posting other forms of warning against hazards. When use of hazardous materials or equipment or unusual methods are necessary for execution of the work, or when the work includes the cleanup, remediation, andlor removal of bio-solids. bio-hazardous waste, or any hazardous or toxic materials, trash debris, refuse, or waste, the selected Respondent (s), its subcontractor(s) and their employees shall be trained and certified as required in the proper handling, use and care of equipment, materials, and hazardous operations, and shall exercise the utmost care and perform such activities under the supervision of properly qualified andlor competent personnel. Thomas F. Pepe 12114/2016 xxvu. Selected Respondent(s) shall assume full responsibility for any damage to any work areas or to the City. homeowner. or occupant thereof. or of any adjacent land or areas. resulting from the performance of the work. Selected Respondent (s) shall maintain a toll-free hotline answered 24 hours per day to professionally accept calls related to claims related to the services provided by the selected Respondent (s) and its subcontractors. Selected Respondent(s) shall provide in its proposal. a summary of and sample computerized documents exhibiting its complete claim resolution program to include computerized complaint logs. complaint report forms. site visit and inspection forms. and computerized resolution reporting forms and summaries for the City. Should any claim be made because of accident. intentional act. the performance of the work. or for any other such reason the ca!Jse of which is the selected Respondent(s) or their subcontractors. agents or employees. the selected Respondent(s) shall promptly settle with such party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. Selected Respondent (s) shall provide a weekly computerized update of all claims and complaints and their disposition. both individually and in summary form. During the progress of the work. the selected Respondent(s) shall keep their site(s) free from accumulations of waste materials. rubbish. arid other debris resulting from the work. At the completion of the. work. the selected Respondent (s) shall remove all waste. materials. rubbish. and debris from and about the site(s). as well as tools. appliances. equipment. machinery and/or surplus materials. . The selected Respondent (s) shall take care to monitor and make every effort to prevent or mitigate spills of petroleum products and hydrauliC fluids. Any such spills shall be remediated immediately by the selected Respondent (s). No tracked equipment shall be allowed on public streets or right-of-ways without the prior approval of the City. The selected Respondent (s) shall maintain adequate records. documents. and information to justify all charges. expenses and costs incurred in performing the work for at least five (5) years after completion of this contract. The City shall have access to such books. records. and documents as required in this section for the purpose of inspection. reproduction. audit. and/or during normal business hours upon five days' prior written notice. It is the intent of the City to award this contract to firm(s) that are committed to responding to the City of South Miami if/when a disaster situation occurs and requires the services detailed herein. To support this effort for the City. if during an emergency event where the selected Respondent (s) have mobilized resources to assist the City in performing the services of this contract. the selected Respondent (s) shall not withdraw Thomas f. Pepe 1211412016 xxvm. or reduce the amount of resources without prior written approval by the City. In the event that this withdrawal occurs without the prior consent of the City, the City will immediately begin mobilizing other vendors for assistance and use the funds of the bonds in place to assist in paying for any additional services required by the supplemental contractors. The City will also begin contract termination procedures as detailed in this specification with any firm that removes or withdraws resources without prior written City approval. The City shall have the right to impose the financial consequences of $200 each, at its sole discretion, for any of the following performance deficiencies by the selected Respondent. a. Failure to provide audit-quality information by 5:00pm of the following day of operation. b. Loads not properly tarped or otherwise covered. c. Mixing debris hauled from other sources with debris hauled under this Contract. d. Mixing vegetation debris with C&D debris. The selected Respondent may be terminated from the contract, with immediate effect. and not receive payment for any of the following breaches: e. Collection of any non-eligible, non-City approved stumps or debris. f. Moving to another designated Collection Service Area without prior approval from the City. g. Failure to provide service in accordance with the guidelines set forth by FEMA and the City. h. Soliciting work from private citizens or others to be performed in the designated Collection Service Area during the period of the Contract. i. Alteration of placards placed on certified trucks and/or trailers. END OF SECTION Thomas F. LPepe 12/14/2016 Thomas F. Pepe 12/14/2016 EXHiBIT No. ~ B"Il.OIIECT D?iACH<GROUND 8: SCOB"E OF SERVICES Attachment C EMERGENCY DEBRiS REMOVAl. AND DiSPOSAl. SERViCES RFP #CSM20 18-06 "CiTY Of SOIlJTH MIAMI STREET MAIF''' o <l>~ e ~ @~ ~ ~ ~ = = rJj) ~ e ~ "'!1rr;E) G>1i'ilii1 legend City's Roads State Roads County Roads Roads2010around City of South Miami o 0.1 0.2 0.3 0.4 ~ Miles Mileage totals for each category: City of South Miami (CSM) roads = 46.80 miles; (Miami-Dade) County roads = 8.33 miles; State (of Florida) roads = 2.57 miles. Made by City of South Miami Engineering & Construction, 3/19/2010 GIS Data by Miami-Dade County, 3/2010 IEXHIi?UT Noo ~ PRO!IECT IBACKGROUNO.& SCOPE OF SERViCES Attachment D IEMERGIENCY DEBRIS REMOVAL AND DiSPOSAL SERVICIES RFP #CSM20 18'06 "CITY Of SOIlJTH MIAMi TEMPORARY DEBRIS STAGiNG AND REDIIJCTION SITES" Thomas f. I?epe 12114/2016 From: S'm~: To: Cc: FDEP GENERATED LETTER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13, 20171:07 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myftorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timothy. parsons@dos.myflorida.com; Emad, Patti (RER); chad. fetrow@dep.state.!l.us; jason.aldridge@dos.myflorida.com; ben.fisch@dep.state.fl.us Subject: Debris Management Site Authorization Letter -WACS 10 98244, Irma (Sent By: emad_pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·1 West Palm Beach; FL 33406-3007 Sent via email to: kbarket@southmiamifl.gov Date: 9/13/2017 Kelly Barket Jr. 4795 Sw 75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (I)DMS) -Irma Dear Kelly Barket Jr.: RlCKSCOTT GOVERNOR CARlOS LOPEZ·CANTERA LT. GOVERNOR NOAHVALENSTEIN SECRETARY In accordance with the Emergency Final Order OGC No. 17-0989 (the Order), which was executed on 915/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes hurricane/stoffil-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website http://www.dep.state.flus/mainpage/erniinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 98244 Public Works -City Of South Miami 4795 Sw 75th Ave., South Miami Lat 25:43:32.7415 / Long 80:19:.1601 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071: 1. The ][)epartment mllst be lllIOtifned when tlile site is opcnedl and! begins accepting dlebJris, IIlDlld! wlilenn the site is closed! IIlnndl ann dleibJris has li>eenn removed!; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste. items; - 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in. response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 10/412017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website: htrn://wWw.dep.state.fl.us/mainpage/emlfiles/debris guidance.pdf If you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS,please feel free to contact Patti Emad by E-mail at emadp@miamidade.gov or by phone at (305) 372-6607. In order to provide better service to you, the Department is using electrouic documents as much as possible. Please provide your B-mail address when replying. Jennifer Smith Southeast District JKS /pe 9113/2017 Date Cc: patti.emad@miamidade.gov , samuel.carrnon@em.myflorida.com , enrique.hemandez@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dos.myflorida.com , emadp@miamidade.gov , chad.fetrow@dep.state.fl.us , jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emad "pb. [Click To Send) [Click To Cancel Letter) From: Sent: To: Cc: Subject: FDEP GENERATED LEITER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13,20171:09 PM Kelly Barke! Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timo!hy.parsons@dos.myflorida.com; Emad,.Patti(RER); chad.fetrow@dep.state.fl.us; jason.aldridge@dos.myflorida.com; ben.fisch@dep.state.ft.us Debris ManagementSiteAuthorization Letter -WACS ID 100814, Irma (Sent By: emad_pb) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road. MSC 7210-1 West-Palm Beach, FL 33406~3007 RlCKSCOTT GOVERNOR CARLOS LOPEZ:CANTERA LT. GOVERNOR NOAH V ALENSTEIN SECRETARY Sent via email to: kbarket@southmiamifl.gov Date: 9/13/2017 Kelly Barket Jr. 4795 Sw 75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Irma Dear Kelly Barket JI.: In accordance with the Emergency Final Order OGC No. 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes hurricane/stonn-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration ofthe Order. A copy oftbis Order may be obtained from the DEP website http://www.dep.state.f1.us/mainpage/em/info.htm The Department has evaluated your request for a DDMS at the following location: WACS!D: 100814 Palmer Park 6750 Sw 60 Ct, South Miami Lat 25:42:49.8659 / Long 80:18:7.8723 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071 : 1. The lIJ)epartlll1l<ent must be notified when the site is opeliled aHlldlbegiHJ.s accepting debris, annd when the site is closed aHJ.d all debris lUlls becHJ. removed; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise apProved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris must be removed from the site by 10/4/2017. The Department has also prepared a guidance document on the establishment, operation and closure of a DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available on the DEP website: http://www.dep;state.fLus/mainpage/emlfiles/debris guidance.pdf If you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS, please feel free to contact Patti Emad by E-mail at emadp@tniamidade.gov or by phone at (305) 372-6607. In order to provide better service to you, the Department is using electronic documents as much.as possible. Please provide your E-mail address when replying. Jennifer Smith Southeast District JKS /pe 9/13/2017 Date Cc: pattLemad@miamidade.gov , samuel.cannon@em.myflorida.com , enrique.hemandez@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dos.myflorida.com , emadp@miamidade.gov , chad.fetrow@dep.state.fl.us ,jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emad -.llb. [Click To Send] [Click To Cancel Letter] 2 35 / .. ORIGINAL BID For CHy @jf Sm.dliD. Miami RFlP #CSM2018-0((ii JEmergelIDcy DelbJr:i.§ RemovaR & Dis]plosal Services inc 3722 SW Spring Creek Ln., Topeka, KS 66610 (785) 478-9805 -Office (785) 478-4195 -Fax ~IESPONDIEN1J" <COST AND 1J"IECIHINlICAI.. PROPOSAL EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18·06 NOTE: !FAilURE TO COMPLETE THE RESPONDIENTS COST AND TECHNICAL PROPOSAL iN TOTAL, IMlAY RENDER YOUR PROPOSAL AS NON·RESPONSIVE A. DEBRIS RIEMOVAl, I'ROCIESSING AND DDSI'OSAl mEM· iIOIESC~II'THONI . . . ... . . . ,' .. I Vegetative debris removallrom public property (right·ol-way) & hauling to TDSR within City limits of the City of South Miami 2 Vegetative debris removal from public property (right-of-way) & hauling to TDSR outside City limits of the City of South Miami 3 Vegetative debris removal Irom TDSR & hauling to final disposal site within Miami-Dade County 4 Vegetative debris removal from public property (right-of way) & hauling to final disposal site within Miami-Dade County 5 C&D debris removal from public property (right-ol-way) to TDSR within City limits of the City 01 South Miami 6 C&D debris removal Irom public property (right-ol-way) to TDSR outside City limits of the City of South Miami C&D debris removal Irom TDSR and hauling to final disposal site 7 within Miami-Dade County 8 C&D debris removal from public property (right-of way) and . hauling to final disposal site within Miami-Dade County 9 Debris site management -preparation, management and segregating debris at TDSR 10 Processing (grinding) of vegetative debris at TDSR II Processing (burning) of vegetative debris at TDSR 12 Pick up and haul of white goods Thomas F. Pepe 12/1412016 77 <COST UNliT. . ...... 7;)$ CY 7~ CY 3?f-CY 91' 7-CY 7~ CY SO v-CY 75 CY 4~ SJ~ CY .5'"0 CY ;?45 CY .;1.ol0 CY t.;t) EACH 13 Pick up and disposal of hazardous material 14 Dead animal collection, transportation, and disposal 15 Hazardous tree removal and hauling to disposal site. 6 inch diameter to I 1.99 inch diameter 16 Hazardous tree removal and hauling to disposal site. 12 inch diameter to 23.99 inch diameter 17 Hazardous tree removal and hauling to disposal site. 24 inch diameter to 47.99 inch diameter 18 Hazardous tree removal and hauling to disposal site. 48 inch diameter and greater 19 Hazardous stump removal and hauling to disposal site. > 24 inch diameter to 35.99 diameter 20 Hazardous stump removal and hauling to disposal site. 36 inch diameter to 47.99 inch diameter 21 Hazardous stump removal and hauling to disposal site; 48 inch diameter and greater 22 Hazardous limbs> 2 inch in diameter at point of break 23 Demolition of structures Disaster event generated hazardous waste abetment; 24 biohazardous waste abetment 25 Tipping fees to be reimbursed to contractor by City at actual cost 1Fl. IEQUOPMIENiT """C OTIEM [QlIESCII.HPTnON I JD 544. or equal. wheel loader with debris grapple Thomas F. Pepe 12/1412016 78 6t LB J.~ LB 75" PER TREE tAr; PER TREE 27)' PER TREE '175 PER TREE 175"" PER TREE ~O PER TREE 27S PER TREE 70 PER TREE :ll~ CY 00 q-LB Cost N/A Reimburse- ment COST UNiT 125 PER HOUR 2 JD 644. or equal. wheel loader with debris grapple 3 Extendaboom. or equal, forklift with debris grabble 4 753 Bobcat. or equal. skid steer loader with debris grapple 5 753 Bobcat. or equal. skid steer loader with bucket 6 753 Bobcat. or equal. skid steer loader with street sweeper 7 30-50 HP farm tractor with box blade or rake 8 2-2 112 cy. Yd. articulate loader with bucket 9 3 -4 cu. Yd. articulated loader with bucket 10 JD 648 E. or equal. log skidder II Caterpillar D4, or equal dozer 12 Caterpillar D6, or equal dozer 13 Caterpillar D8, or equal dozer 14 Caterpillar, or equal, 125 -140 HP motor grader 15 JD 690, or equal, track hoe with debris grapple 16 JD 690, or equal, track hoe with bucket & thumb 17 Rubber tire track hoe with debris grapple 18 JD 310, or equal, rubber tire backhoe with bucket & hoe Tnomas f. Pepe 12114f2016 79 1:f.5 100 75 75 75 6D 1'25 /25 11.D lID 140 I~S \25 i3S- \3S 155 100 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 19 Rubber tire excavator with debris grapple 20 210 Prentiss, or equal, knuckle boom with debris grapple 21 Caterpillar 623, or equal, self-loader scraper 22 Hand fed debris chipper 23 330 -400 Tub Grinder 24 Diamond Z, or equal, 800 -1000 HP tub grinder 25 30 Ton Crane 26 50 Ton Crane 27 100 Ton Crane, with 8 hour minimum 28 40 -60' Bucket Truck 29 Service Truck 30 Water Truck 31 Portable light plant 32 Equipment Transports 33 Pick-up Truck, unmanned 34 Self-loading dump truck with knuckle boom and debris grapple 35 Single axle dump truck, 5 -12 cu. Yd. ThQmas F. Pepe 1211412016 80 B5 155 /35 4~ 32S"" 47~ !qr 2.75 4'i5" I «-i 5 tD 6"6 M /10 7.D 175' 15' PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 36 Tandem dump truck, 16 -20 cu. Yd. 37 Trailer dump trick, 24 -40 cu. Yd. 38 Trailer dump truck41-60 cu. Yd. 39 Trailer dump truck 61 -80 cu. Yd. 40 Power Screen 41 Stacking Conveyor 42 Off road truck Ul"1E1M 101E5C~UIJ>l"gONI I Operations Manger 2 Superintendent with Truck, Phone and Communication Radio 3 Foreman with Truck, Phone and Communication Radio Safety/quality control inspector with vehicle, phone and 4 communication radio 5 Inspector with vehicle, phone and communication radio 6 Climber with gear 7 Saw hand with chain,aw Thoma!; F. Pepe I1fl4f2016 81 IDb IDD 100 1M 1\5 25 ''2..5 con 75 tf) SO :;;,,, 56 sS'" 'Is- PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR IUIINlHl" PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 8 Laborers and flagman LfD 9 Timekeeper 1~ 10 HazMat Professional 7~ II Household HazMat inspection and removal crew 175 12 FEMA public assistance manager lis 13 FEMA documentation clerk "35 14 Community assistance/hot line operators "3£ 15 Contract Manager/HazMat supervisor 70 16 Contract Manager/HazMat supervisor overtime ~M 17 Field logistician/HazMat technician 6.5 18 Field logistician/HazMat technician 6> 19 Resources technician tD D. IEMERGENCY fOWER GENERATORS AND SUPPORT EQUUPMENT UTIEM I 10 kw Generator 2 15 kw Generator Thomas F. Pepe 12114(2016 DIES<CROPTOON 82 COST PER bAy (2~ I·uis-.l 1St) 175 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR COST PER. DAY/PER WEEK ~, 050 II~ 3 25 kw Generator 4 50 kw Generator 5 75 kw Generator 6 100 kw Generator 7 175 kw Generator 8 250 kw Generator 9 300 kw Generator 10 350 kw Generator II 500 kw Generator 12 750 kw Generator 13 800 kw Generator 14 1000 kw Generator 15 1250 kw Generator 16 1500,kw Generator 17 1750 kw Generator 18 Tails 19 Cables (400 amp) 50 It Thomas F. Pepe 12/14/2016 . BJ ;}-SD i 7S0 '1;;.5 J1 q7> LCD ~;:;1 ],95D 7DD '1/ltfD !6D6 7,Ca? 14 OD 1,~0 LoCil) III; te() 5WO ')~tEiJ 35tt> 1'1,.)0 LIS t() 3/,$t!:) 6M6 4 '2.., (![,() IStO iI£5tb y~ st)O~ iJtJpt) 63/m ?5ttJ t/,5to W 70 HD 870 IE. OPT~ONAl SIERV~CIES ITEM [lJIESCR~IPT~ON I Debris removal from lakes and canals 2 Restoration of canal banks and slopes 3 Removal of motor vehicles including towing, processing and disposal 4 Removal of boats including towing, process and disposal 5 Provision of emergency potable water 6 Provision of emergency ice 7 Temporary bathrooms/port-o-Iets 8 Provision of temporary satellite phones 9 Sewer, culvert and catch basin cleaning including transportation and disposal SUBMITTED THIS DAY OF Thomas F. Pepe 12114/2016 END OF SECTION 84 L i .. CO.ST UN!T , . I~~ CY 11 ~ LF '3J, Per Vehicle t.tD Per IF of Vessel LQS GAL ,,75: LB i dS75 Per Unit/Per Week Per 2S Phone/Per Day '1$'" CY IAttlt(ffi~Ilnllll1l(Blllltt 4l EMERGENCY DUIIU!> REMOVAL AND DISPOSAL SERVILCIES RI'P # CSM20 18-06 insurance lit indemnification lRequirements Ins!Jrance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract. insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result· from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the fiRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use reSUlting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the fiRM's obligations under the Contract. I';'m'. ~"s .... ",ce rGe .. e.;oiiJ?, The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Wor-kelrs' ComperosatQon ilrosLllrrall1lce at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws, In addition, the policy (ies) must include: Employers' liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commerrda~ Comprehensive Genleralliability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; lUInnbrelia Commercial Comprreherosive General liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) ExplOSion, Collapse and Underground Hazard Coverage Thomas F. Pepe 1211412016 70 (e) Broad Form Property Damage (I) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. . (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements. other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. IF; .. , aln<lllExt .. "de<l CO""'''II. Onsu.",,,c. (Buillle.,' Risk). OR' lit.l!'l!'lDCABllE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations. additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery. if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. IMIBscel~aneOllJls: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly prOVide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder. if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained.-The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas IF. I?epe 12/14/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property 71 damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is prOViding professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above reqUirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages. claims, liability, losses. claims, demands, suits, fines. judgments or cost and expenses. including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation. mediation. arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers. affiliates, employees. successors and assigns, by reason of any causes of actions or claim of any kind or nature. including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors. agents, representatives, employees. or assigns, or anyone acting through or on behalf of any of them. ariSing out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims. losses and expenses of any kind or nature whatsoever, in connection thereWith, including the expense or loss of the CITY and/or its affected officers, affiliates. employees. successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor. its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and ariSing out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts ofthe Contractor. CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I). Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility ofthe design professional concerning indemnification. Thus, Thomas F. Pepe 12114/2016 72 the design professional's obligations as to the City and its agencies, as well as to its officers and employees. is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to. reasonable attorneys' fees. to the extent caused by the negligence, recklessness, or intentionally wrongful conduct ofthe design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. I?epe 12/14/2016 END OF SECTION 73 fOlRM OlF PERfOlRMANCE !BOlND IEMIERGlEu-IC1f IOIEBRIS REMOVAL ANI) DISPOSAL SIERVHCES RFP # CSM20 i 8-06 (Required as a Condition of Award and Pr;o. to the Contrado. iReceiving a Notice to Proceed. Not Required with Submittal) KNOW All MEN BY THESE PRESIENTS: That, pursuant to the requirements of Florida Statute 255.05, we, _-;_---, ____________ " whose business address is and whose telephone number is as Principal (hereinafter referred to as "Contractor"), and -,_---,-;--;-___ ..,----, ___________ :;-" whose business address is and whose telephone number is . as Surety, are bound to the City of South Miami whose business address is and whose telephone number is . [[and Miami-Dade County whose business address is and whose telephone number is __________ --'1]as Obligee, (hereinafter referred to as "City") in the amount of c--.,----,---,--,-----Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs. executors. administrators, successors and assigns, jointly and severally. WHEREAS, Contractor 11:'" ""tered i"to a Contract, for till" 1E~IEIRGIEINICY IQlE~R~S 1ll1E~(I)VAl SERV~CES. ",,,,, .. ded 0", tile d"yof , 211_ ... "de. Co"trad lNIuMlber ___ by tille City fo. (brier d"sc";U'ti"" or the Worl<) i", ,"cco.d,,",ce with d.:'''''''''gs (1'101"5) a"d sU'ecifocati"". U'",U'ared by . _""ilich Co"t .. ld is hereby II1iUl.de 2J. part lhiereof by reference, and is her-eafter V'efell"lI"ed 11:01 as the HContll"actJPj THIE CONIlJOTOOINI OU: THIS ~ONII) is that the Contractor: U:ully perlorms the Co .. trad between the Contractor anlll th" IEMIEIllGIENCV IQlIEBB!.OS IllEMOV Al SEIRV8CES, within N/A days "lfte. the lIIate of Contract "omme"eeme"t01S specified in till" Notice to fll"oceed and 0111 the manneli'" lP5"esltn"obed O!l'1l the Contrract; and effect. I. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses. costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 2. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (I) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable. the one that is issued last, for patent Defective Work, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable. the one that is issued last; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all 6f the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available. as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Thomas f. Pepe 1211412016 Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. iN WiTNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary IN THE PRESENCE OF: (Agent and Attorney-in-fact Signature) Thomas IF. Pepe 12114/2016 (IndiVidual, President, Managing Member or General Partner, etc.) (BuSiness Address) (City/State/Zip) (BuSiness Telephone) (Corporate Name) (PreSident) (Business Address) (City/State/Zip) (Business Telephone) _______ INSURANCE COMPANY: BY: __________ (SEAL) (BuSiness Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI·DADE On this, the day of , 20-, before me, the undersigned notary public of the State of Florida, the foregoing performance bond was acknowledged by (Corporate Officer), -----------cc--,,,--(Title), of (Name of Corporation), a ___ -':--:-:::::-::=_-,-_ (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. ____ --,,-;---,-;~,-;;---,_;_;:;-_:_;_--- Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or (Name of Notary Public: Print, Stamp or Type as commissioned.) Personal identification: ___________ _ Type of Identification Produced Did take an oath, or__ Did Not take an oath. Thomas f. ~epe 12/14/2016 51 f©I!.M ©IF PAYMICNT I!?J©NID IEMEUl.GIENCY [)IEBUl.~S REMOVAL AND DISPOSAL SIEUl.ViCIES RfP # CSM20 18-06 (ReqlJi~ed as a COlldition of Award alld Prior to the COlltractor lReceivillg a Notice to Proceed. Not Required witll Submittal) KNOW All MEN 1811' THIESE PIRIESIENTS: That, pursuant to the requirements of Florida Statute 255.0 I, et seq., Florida Statutes, we, -:---; ____ ,-_,-________ -::--,---' whose business address is and whose telephone number is ,as Principal, (hereinafter referred to as "Contractor"), and _-,-_____________ ' whose business address is and whose telephone number is , as Surety. are bound to the City of South Miami, whose business address is :---:-___ -,-;-_ and whose telephone number is , [[and Miami-Dade County whose business address is and whose telephone number is __________ .-.I11as Obligee, (hereinafter referred to as "City") in the amount of c:-_-,----,-,-_-c-:--c,--,-___ ,Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS. Contractor h .... by written agreeMent. entered onto .. Contr .. ct for tile IEMIEUl.GIENC1I' [)JEB!'!ll$; Ul.IEMOVAI. SIEUl.VllCIES a"",,,ded 0" the day 01 .l@_. MUlder C" .. tract Number fo. (brief desc";pt;o", of the Wor~) by the City in accord .. "ce with d ... wings (p~,,,,s) .. "d specillicato"" •• of "'''Y. p,ep"red by ~:---:""~~'7'-::-::::'"~ ""hk" C" .. t."d is "",,,by ",ade " p"rt hereof by reference ""'los iler""Ift". rrefell"lI"ed \to &IS the UC;ontractU; THIE CON[)J~TIlON OF lI'Hll:> ISONl[)J is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings. if any, that Owner sustains because of a default by Contractor under the Contract; and 4.· Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a daimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract'shall not affect the Surety's obligation under this Bond. iN WiT NIESS WHIE~IEOF, the above bonded parties have executed this instrument under their several seals on this day of . 20_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: Thomas f. lPepe 12114/2016 (Individual, President. Managing Member or General Partner, etc.) (BUSiness Address) (City/State/Zip) OR ATTEST: Secretary IN THE PRESENCE OF: STATE OF FLORIDA COUNTY OF MIAMI-DADE (Business Telephone) (Corporate Name) (President) (Business Address) (City/State/Zip) (Business Telephone) _______ 'NSURANCE COMPANY: BY: _--,-.,.--__ .,.---::c-_---:-_(SEAL) (Agent and Attorney~in~fact Signature) (Business Address) (City/State/Zip (Business Telephone) On this, the ____ day of ________ ~, 20_, before me appeared -----;:-,----;-:--:----c-:---- who is the (Title), of (Name of legal entity), a __ ----:c-c __ -:-___ (State of Incorporation) company or partnership, on behalf of the corporation and who is personally known by me or who provided me with the following type of identification and who took an oath or affirmed that he/she is the person who signed the foregoing payment bond. WITNESS my hand and official seal. --,.,--~,--:--c---=-----c-=--c-----:----- Notary Public, State of Florida NOTARY PUBLIC: SEAL *Power of Attorney must be attached. Thomas fF. lPepe 12/14/2016 (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION Bond Guaranty LETTER FROM BONDING COMPANY THAT VERlFIES CONTRACTOR CAN COMPLY WIlli THE BONDING REQillREMENT ADDRESSED IN EXHIBIT 1, ATTACHMENT A, "PROJECT BACKGROUND AND SCOPE OF SERVICES, SECTION O. Alliance Bank 3001 SW Wanamaller Road Topella, Kansas 66614 Fax: 785.271.2111 March 31, 2018 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Branoh Offloe 2620 SW 6th Avenue, Suite A Topeka, Kansas 66606 Fax: 786.357.4a41 RE: RFP #CSM20 18-06 Emergency Debris Removal and Disposal Services To Whom It May Concern: The pUlpose of this cOlTespondence is to advise you that Custom Tree Care, Inc. has been a good customer of Alliance Bank since December 19, 2001. The Company has equipment loans totaling in the low six figures. The company maintains one checking account at Alliance Bank. The checking account has a current, balance in the medium five figures and an average collected balance in the medium five figures. The company has handled all credit and depository relationships in an exemplary manner. If the company requiL·ed financing fO!" completing your project or contract, Alliance Bank stands ready to provide such project financing as needed. Alliance Bank has successfully assisted Custom Tree Care, Inc. in the past with project working capital financing. I highly recommend doing business with this customer. If you have any questions regarding this letter or require any additional information, please contact me at (785)- 271-1800 or mault@alliancebank.biz. Sincerely, President ______________ 785-271 0 1800 ------------- www.alliancebankks.com MCC,L\RTHA COB B & ASSOCIATES April 2, 2018 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Custom Tree Care, Inc. RFP nCSM2018-06 Emergency Debris Removal and Disposal Services liI07 CAUWUII STREET I COLUMBIA, SC H201 PIIOUf., m.799.3fI71,1 FAX, 003.799.3711 It is the privilege of United States Fire Insurance Company to provide surety-ship for Custom Tree Care. In the capacity as surety, we are familiar with the company's financial standing, • quality management and performance record. We stand ready to issue performance and payment bonds should Custom Tree Care be awarded a contract. Currently they have capacity of single bonds up to $2,000,000, but may be considered for higher bonds should the need arise. However, as always, surety reserves the right to perform normal underwriting at the time of any bond request, including, without limitation, prior review and approval of relevant contract documents, bond forms, project financing and all other pertinent underwriting factors. We assume no liability to anyone if for any reason we do not execute such bonds. Please be advised that this letter is not pre-qualifying the client for Subcontractor Default Insurance. We accept na responsibility whatsoever as to the qualifying requirements of this client for the underwriting of such insurance. If you have any questions, please contact feel free to cantact our office. Sincerely, ~ a £;::;>::J f:~~ --- CEO CONTRACT SURETY BOUDS EXHmU6T i/ Pi"@i'essBolrnal Sel"tices C@lrnti"act !eMERGENCY DEBRIS REMOVAl!.. AND DiSPOSAl!.. SERVICES il.FI' # CSM20 0 8-06 THIS CONTRACT, entered Into this \€ day of';S ... ",,",,-, 20~ by the CITY OF SOUTH MIAMI through Its Manager, both of whom shall be hereinafter referred to as the "cm" where. a p. p. licable.; 10C.I.ted a. t. 6 .. 1.3 .. 0.sunset Drive, South Miami, FL, E-mail: .•. alexander@southmjamifl.gov . ~ and .ArbOr.Tree Be Land, Inc., with an offlce and principal place of business located .• 'H' Wed".,"'\ e 't;\!a]ie b.lle '/Je,t"g fi 21.610" and E .. mail address of.. . " com and Facsnmlle 1L. transmission number of!i6l1584.5i!!i7 (hereinafter called the ·CONTI¥'CTOR"). "l'5 ~ S;ov-t'\n<.H\ \S\~lJ AS; Il\fo@>o.."I\&\\l<.r;;,~~.!. ,(,Cf\A W e.j,-'\-~"'\""" '€<0Ul."'-FL 15'-1 q WITNESSETH: ' I WHEREAS, the CITY Is in need of IEMlElftGENg DEBRiS !!§I';II1OYAII.. AND DISPOSAl. SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the reqUired goods and/or seNDees based on CONTRACTOR's representations which ref!ea that CONTRACTOR Is qualified and capable of providing said goods and/or services in a profesSional and timely manner and In accordance with the CI1"I"s goals and requirements; and WHEREAS, CONTRACTOR has agreed to proVide die reqUired goods and/or services 11'1 accordance with the terms and conditions set forth herein. II\IOW, THEREFORE, III consideration of die mlltllai covenants and agreements herein contained, die parties agree as follows: I) Enllqement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth In said proposal, quote or response to solicitation, whichever Is applicable, as modified by the Contract Documents, or as Is odlerwlse set forth III the Contract Documents defined below (a" of which is hereinafter referred to as die Work'). (Check the box Immediately preceding the document described below to indicate that such document Is part of this Contract) . . [oJ] Contractor's response to die <::11"1"5 written solicitation; or 2) Contract Documents: The Contract Documents shall Include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box Immediately preceding the document described below to indicate that such document is part of this Contract) [v] ~«:@iP'® ©~ ~e."ijO::®$, ~ee ~~"n,m@lIt ~ [v] ~~Inr'$ DIISM~"'II"® m, OIl~®mIlDiIi<;illl~O@1I 11l®<lijMij~,"m®II~$, ~e<II ~~"llim@lI~ 41 ["V] ~"'j;7D'!fU<1""t ~@fi'Oell, :§@@ ""~~flilm"'fi'O~ l1> [-v] ~@IFif@~M"","«:@ ~@fi'O""' '""'@ ""tt",~flilm"'fi'O~ @ [-v] ~@fi'O«Il @M~~~fi'O~"e O<lltt"'w, :§<ll@ ""~<1:flilm®fi'O~ 71 Contractor sh.1I provide the City with a P"lFiformance and Payment Ilond in the amount of $5.000.000 or WO% of the contrad V.lue whichever is gr",.ter, within three (3) calendar days of • written notice to proceed by the City. This Contract and the Genera! Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shan take precedent over the response to the CiTY's Bid Documents. if any, or the proposal or the quote, If any. The "checked documents" are attached hereto and made a part hereof by reference. 3) !l)lIte of lbommellcsmeUiltg CONTRACTOR shall commence the performance of the Work under this Contract on th,e date as set forth In the text following a checked bOll, [] on U\!JI~ or a [-V] date to be specified III. Notice to Proc~d, or I'IIrchtee Order, (hereinafter referred to as the "Work Commencement Date'~, or as set forth in the CONTAACTOR'Sproposal or quote and shan completlO the performance hereunder within. u\Q/bi\ day.; or the length of time set forth In the Contract Documellts, whichever Is the shorter period of time. in any event, the term sha!! not ellC!lecil five years. Time is of the essence, ~) I"rimll!O')f C@Ulltamg The Primary Contact Penon In charge of admlnistlOrlng this COllnct on behalf of the CiTY Is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by 1M Manager. The Primary Contact Person for CONTAACTOR and his/her contact Information is as follows: IN!!!I!'!!!!III CIIMqm S. Hodm eolnlllllliB: inlo@atldiversified,com,IfAAg S6H/5!1405.!$7 $treetAdc!rem.S.iJ!,j''';I.'''1'ft 'A~r!.&l'8 w"'~ ll"i.d~4'l. "'I 'S? <;.~"-".~ ~~"l • t'\'5 ~ ()t.st ~"'\M 'i3e~dAI H. s~C.H3 $) ~e of Services: The tgoods andlor services to be provided are as set forth in the "checked documents", 6) lb@mpeUIIllationg The CONTRACTOR's compensation for CONTRACTOR's performance IInder the terms and provisions of this Contract, or CONTRACTOR's peyments In the event CONTRACTOR is payinll the City for the uses of the CITY's property or services, (hem!nmfhlrreferred to as the Contract Price) shaU be as Indicated next to one of the followlnlil checked boxes, [-vlas set forth in CONTRACTOR's response to the CITY's written solicitation, If any, or. if none, then as set out 011 CONTRACTOR's proposal or quote, U\!J§"" the Scope of Services, or as set forth in, or modifled by, one of the Contract Documents, whichever Is applicable. 1) iHI@1I1'S of Work: In the event that this Contract requires the performance of serviCes, it os presumed that the cost of performin, the Work after re:ular working hours. and on Sunday and legal holidays, is included in the Contract Price. However. nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance uniess specifically authorized or Instructed in writing by the City Manager, the Manager's assistant or designee, $> Tome II"vollis!onsg The term of this Contract shall commence on the Work Commencement Date and shall continue for Iiii'M 9) 'If'MnI, or until It expires on U\!JI"", or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additlona! T .. @ (II) '1' ..... period If the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto. this Agreement shall not exceed a total term of If;"., (5) Conultllti" .. Va .. rI, including any extensions thereto. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. U II) APB"!!«:1lb611ll!ll"lI!nll1 Venlae: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. n U] [lIlItles mnd lliiesB"cIlI16lb>68Itae§: CONTRACTOR shall comply with all applicable laws, ordinances, codes, ruies. regulations,. and health and safety ltandards of any governmental body haVing jurisdiction over any matter related to this Contract or the goods andlor services to be performed hereunder. and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision andlor clause required by law to be inserted In this Contract shan be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions ond/or clauses were included !lerein. 12) <l:hlllllilile ©iwders: No additional Work or O!>xtras shall be done unless the same is duly authorized in writing and In advance 01 the work by appropriate action b)/ the City Manager and ill accordance with the Contract Documents. 1 ]) Uceilsill. lI!ild CI!l"II'DQ~icllIs: Contractor .hall secure aU nece ... ry business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. H~} HUiSIlI"aIlC<!I, HII«If!lmlllal!a~h:l>iI ~ ~cndilllg: CONTRACTOR shall connply with the insurance. indemnification and bonding reClJuirements set forth in me Contract Documents. H!Ii} l8<qJIIO<dJII~<!Id I!)mm~O!>s: in tile event that CONTRACTOR shaHI fail to complete the Work within the time limit set forth in the Contract Documents. or the extended time limit agreed upon, in accordance with the procedure as nnore particularly set forth in the Contract Documents, liquidated damages shall be paid at Ithe rate of:& UIGil! IOJ'w !IIill until the Work is completed. U 'HuW')f TrollO WllilJ'iIlr: The parties waive their right to jury trial. U 7} iEntire Agreemell~, M@!IIificlllti@IlI, and Nioll-waiwer: The Contract Docunnents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing. signed by both parties hereto and if this Contract is required to be approved by the City Commission, ;11 amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate a. a waiver. No waiver of the Contract Documents, in whole or part. uncluding the provisions of this paragraph. may be implied by any act or omission. ~ $I} ~MMo<1: lI'le<C<D>rds: CONTMCTOR and .11 of its subcontractors are required to comply With the public records law (s.1 i9.070 i) while providing goods andlor .ervlces on behalf ohhe CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of Its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian 01 public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not el<ceed the cost provided In this chapter or as othervvlse provided by law; (c) Ensure that public records that are exempt or confidential and I!!l<empt from public records disciosure requirements are not disclosed el<cept as authorized by law for the duration of the Contract term and following completion of the Contract if CONTMCTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency .Ii public records in possession of CONTMCTOR or keep and maintain public records required by the public agency to perform the service. If CONTMCTOR transfers .11 public records to the public agency upon completion of the Contract, CONTMCTOR shall destroy any duplicate public records th.t are elCempt or confidenti.1 and <Ill<empt from public records disclosure requirements. !f CONTMCTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shail meet all applicable requirements for retaining public records. All records stored electronically must be proVided to the public agency. "pon reqllest from the pLDb~ic agency'. custodian of public records, in a format that Is compatible with the information technology systems of the public agency. Ol!' 4:0NTM4:ifOIFI. IfBA!iI Il;j)QJJI!:$ifUOi'>ll$ Il!.I!:I!OAIIl[l)ii'l1!O irlfBlE All"ll'104:AifiOOl!l Of 4:!-IIAIl''iI~fil!. On'll. Il'l©Hili[l)A fllTAifllln!l:. TO noliO (cOOl!lifMll::ifOIlll'!lj ir»H.»n if 0 II"IIl©WDIIJ>I!: II"QJJl¥Ao..u<!:; Itlre4:01illir»:ii IFI.lElA 'IliO\!lI!O 'IlO THi$ C©i'>IIifMCif. <!:;©N'Il Ail:ir 'il1fB1l: CQJJiliir©ir»iAi'l ©f Il'QJJIRIUIl:: II'lIECOIl!.ir»$ Air ~@!!i·"'I!i]·~3<41@, ~omIllOn: mmtllU'OtIlU'OI!il«ox@§©MtlimDIIlIMIIIII.~©w; IM:iI@ iliMU'Oset ir»row<!l. $©Mth MOlllmi, I!'Il. .:il3 H .!j~. n 'll) iRllIldcgr©MU'O«ilI!i<tWIIIIlU'Oo"lIl. All personnel and volunteers that will provide any service with vulnerabie persons, as defined In Section 435.02. Fl •. Stat., involving the City or its Agency In such related activity or who may have acces. to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting I"l\!quirements .s per. Florida Statute Cn. "135 proor to tile scheduled start of any empioyee or volunteer. CONTMCTOR shall prevent any and ali of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A. violation of this requirement shall constitute a substantial breach of this Contract. l@)I!llWMg free Woi'kpDm<te. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Co·ntract by reference. 1 g) Twsmsfer wo:l AmsDIIl"meO'l~. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. ilil) NOO'loAppropromto<D>" "'f fM"I!ilS. In the event that no funds or insufficient funds are appropriated and budgeted or are othervvise unavailable in any flocal period for payments due under this contract, then the City. upon written notice to CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or e><pense. No guarantee, W2lrranty or representation os made that 2ny particular project(s) will be awarded to any CONTRACTOR. 23) Most iFlII,,@reil Il"ullilc Entity. CONTRACTOR represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the sanne or substantially similar items or services for comparable quantities under similar terms, conditions, wages. benefits. insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms. conditions. wages, benefits, insurance coverage and any other material cost factOrs, CONTRACTOR shall immediately extend the same prices to City. :l4} Notices. All notices given or required under this Contract shall Ioe deemed sufftdent if sent by a method that proVides written evidence of delivery •• neluding a-mail and facsimile transmission :mnd delivered to CONTRACTOR or his designated contact person. Return of mail. sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to daim the mali shall be deemed received 011 the date that the maills returned to sender. :It!;} liad<llD'l1lnl!icatu@lb_ !n the event that any of the contract documents provide for Indemniflcation. nothing contained therein shan Imply that the City has waived its sovereign immunity as proVided by Florida Statute. Section 786.111 and anything to the contrary contained therein shan ile null onel void and of no force or el'fett. IN! WITIIIIIESS WHERE©>Ii'. the parties. have executed this Contract, on or before the data first abovl!! written. with fuilimowledge of its content and significance and Intending to ba legally iloLnnd by the terms hereof. ATTESTED: Read and Approved as to Form. Language, Legality and Execution Thereof. By: City Attorney CONITM.CI"OR: ~,,~,..co.. . ""-[name of slgnitory] END OF SECTION EXHIBIT No. i fl>RonlicT WiACKGROUINIIl! " SCOPE Olf SEBYPCE$ Atw:hm<illit A EMERGENCY DlIliUI!S REMOVAL AND D!SII"OSAII. SEII1!VICES RFl't!lCSI'II:I.@i8·06 SOllth Miami is a City In Miami-Dade County, Florida, Ullited States. The populationwu ~O,i'4i at the 2000 census lIlnd according to the U.S. Census Bureau for 2010 it was i 1.657. State of Florida uses Bureau of Economic and Business Research (BEeR) IIlImbers for calculations for budget and this number is 12,9! 2. The City of SOllth Miami uses a Coty Manager ~orm of gClVernmel1t. The Commission sets the policies and the City Manager acts all the chief executive. Commissioners llfe elected to four- year terms and the Mayor is elected to a two-year term. lEiectioris are held on tine secom:il Tuesday in February in even numbered years for the Mayof and half @fthe Commissioners. T~e CommiSsioner receivil1g the most votes is also given the tide @f Vice Mllyor fcr the forst two years of the term. The iast election @ccufred in February 2@11I. • Mayor: !'hilip Stoddard. Ph.D. (Mayor until 20l@) • Vice Mayor: Waiter Harris (Vice May@r until l@20, COrolll' in Commissioner !lilti! 1(21) • Commissioner COfOUP I: luis Gil (Group i Commissioner unll:li 2(11) • Commissioner Group Ii: josh Liebman (Current term endllll 20l0) • Commissioner Group IV: Robert Welsh (Commissioner Group in IIntii l@l@) The City's EmergelDCY Management team Is responsible for deveioping, coordinating and ieading the City'S Emergency Management Program. enabling effective prepmration for. and efficient response to. emergencies and disasters in order to> save lives. reduce human suffering and reduce property loss. To accomplish this mission. the iEmergency Management team: o Develops plans and procedures to ensure the highest levels of mitigation, preparedness, response and recovery: Maintains a comprehensive. risk-based, multi-haurcl emergency management and training program; and o Coordinates Federal, State and local resources for mitigation. preparedness, response and recovery operations. Thomas fr. [I!l0pe 6:111412006 The City of South Miami seeks the services of II qualified lirm(s) to assist the City un its Emergency Debris Management Planning and to provide services for the removal amI lawful disposal of large volume disaster-generated debris from public properties and public rights-of-wIIY in order to eliminate immediate ~hreats to life, public health and safety. and assist in the economic recovery of the City in the event of II natural or man-made catastrophe. The planning approach is formulated in part on the concept of strategic pre- positioning of plans and resources necessary for timely, coordinated recovery operations, including removal of debris from publUc property and right-of-ways throughout the City using II combination of City and selected Respondent forces. The Rrespol1dent mllst have the capaeil:)! to manage a major workforce with mll~tiple subcontractors and to cover the expenses associated with z major recovery operation prior to the initial payment lind between subsequent p<lymenu, as wei! as the capacity to prOVide the necessary blonds <lind Insurance. The Respondent mQl5t aliso halle an estabUshed management team, an established network of resources to provide the necessary equipmewnt and persormei, comprmensille debris removal and vO~l!me reductiown operations pians, aUld demonstrable ellperlence in major disaster recovery projects. The contract to be alwarded under ~hi$ Request ~«)r I'mpo$als win be a contingency contract ~hat wm be activated on~)' in the event of an emergency. As sMch, no compensation win accrue to the selected Respondent \llliess and until the contract is activated either in anticipation of a natural disaster or immediately after slich disaster. f2jlllmedi @II» ftBie $»V@/pJ@i<1ll0S lI'IoI!:elwe4il, ~lI8e Clf!jf $BiIllUI lhilliwe alie rigllre ~@ @!IINiluWJ i1:@lI»tl/'@!:11Z ~@ miilO~If/»le IP/,uf/»@1I»4iI@1I»11Z, wliiJ@1I» 4ileelllliJed/liI It I /!I@n III»~eNit, g@ @i1:C@/ll»fliIDSIiiJ tile wi4il@ MII»/Zlii @f SQlUWOCQlS 4ilet@lled III» tliO$ gfllec1fl<1::llItl@lI». l1::@iltl/'@<1::~ gli<1lliD {be @ViIf@lNiIed/ for @I reliiJO'iIle (~) 'if@@ir tel'1lW wl~1i @II»@ (I} tw@ «~) We@? @/pJ~i@1I» ~@ lr<!liilG!W, @Ire ~Ii& l.1il«:tregl@1I» @ff ~lie Cltw M@lI»llIg@r, f@r ~@milll»@t t@ @Y.f<1::IiIIiI<iIi fjw@ ($] o;@iI!@'l:iiI€lwlll jf@@IIi'Il. in addition, the seiected Respondent who receives at contingency contract for the work will be reqUired to participate in certain Cil:)!-directed disaster recovei'jl training and/or exercises at no additional cost to the City. The purpose of this Request for Proposals (Pl.!'P) Is to solicit Proposals from qualified firms and contractors who can provide emergency debris and disaster recovery services. The City expects each Respondent to clear!y outline DU best and most comprehensive resources in its response, because aU services and responsibilities identified in this Solicitation will be awarded to the selected Respondent. Thomas IF. !FIe~<Il 1:il1~1101~ To be eligible to respond to this l1.equest for li'roposilis and be considered for award, the Respondent must demonstrate to the satisfaction of the City that It or the principais assigned to the project has successfully provided services, similar in scope and complexity. and have previousl)' performed emergency debris and disaster recovery services for at municipality or other public entity. Respondent must meet the follOWing minimum qualifications to bit! considered for award of this contract. Faiiure to meet the minimum qua!il'ications rna)' result in rejection of the Proposal. a. RespoUldents must submit evidence that they possess the traiUlonl!, quaUficatlons, e)(perience, imowled/i:e, and resources to perform ~he necessary work at the !eve~ of effort and service, based on the ,arntidpated or projected needs of the City. b. Respcmdents MU$t ~ave at least live (5) years' eltperiernce satisfactorily providing the proposed services t@ 2l mUlllcipalitylOr other public entity. I~ the Respondent does not have 2lUl)' eltperlence with providing simiillr services to a pubiie entity, the City mil)' accept similar Illlperieroce fer a pril/21te entity. at t~1/) City's $o~e discretion. c. The asslgU1ed IDrofessioila~ persomle~ off the Respondent must be qualified to provide the services, and mlJst have ®)(perience specific to emergenc), and disaster operations, and we support services provided that are I:rUdll~ to the recovery eWort, induding being ~amiliar with Federal Emergenc), Mana/i:ement Agency (FEMA) policies and procedures and the City's Emergenc), Management I'laliI (EM!"). d. Respoildems shail submit writteil documentation slOch as letters 01 references and a list of dents who are public entities, (or private dieilts, at the discretion of the City) as evidence that the)' meet the reqUirements. The selected Respondent shall keep on its. premises, or such other piace approved b)l the City, current, true, accurate, and complete records and accounts of ali services provided to the City, and shall give the City or City's representative access during reasonable business hours and UpOI1 three (3) business days' notice to ellamine and audit such records and accounts. Such records shal! be maintained at such standards to allow, II certified auditor the ability to properly e)(amine the records ill order to certify II statement of the selected Respondent's business with the City. The selected Respondent shall at an times comply with an rules, regulations, and ordinances of the City and o~her governmental agencies having jurisdiction. The selected Respondent shall further take all precautions and e%treme care to conduct its activities in "Ii"homu F. ~epe 121141aDI~ a safe, professional. and prudent manner with respect to its agents, eMp~oyees, sub consultants, members, visitors, alld participants. Il)Il!II'At.!Ji.. iI": 1!. in the event the selected Respondent defaults in the performance of the contract, the City shall have the follOWing options: i. The City will give the selected Respondent thirty (30) days' written notice of default. If the problem is not resolved within the thirty (30) days, the City may immedhltely terminate the contract upon providing written notice of the selected Respondent's faiiure to timely cure the default and obtain the services elsewhere. ii. The City may recover ~t law allY and all claims that may be due to the City qrom the selected Respondent. iii. The Cit)' ma), periorm 5IBch work as i~ clilems necessary to cure the default or subsequent default and charge the se~ected Ilesponolent for the filii cost expended, plus thirty percent (30%) of the cost for admillostrative overhead. t>. The acceptance of ail or part of mOllies due gor any period after a def21ult shall not be deemed as a waiver of any of these options, or It waiver of the lIefault or subseqllent default @f the saml!l or any other term, covenant, tllnd condition. c. The selected Respoi1dent agrees that the COl!:}' shail not be responsible or have allY liability whatsoever for ail)' aUeged damages, ciaim of lost profits, or otherwise in the event the Cit)' declares the seiectec! Respondent in default hereunder. The selected Respondent shall not commence any performance of work pursuant to the terms of this Solicitation until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage is to be isslled by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimUM rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certilicates 01' insurance which provides that the City of South Miami shail be notified at least thiltJl (30) days in lIdvance of cancellation, non- renewal, or adverse change. The receipt of certificates or other documentation of insurance or poliCies or copies of poliCies by the Cit)' or by any of iu representatives, which indicate less coverage than is required, does not constitute a waiver of the selectee! Respondent's obngation to fullin the insurance requirements herein. Deductibles must be acceptable to the City of South Miami. ii"hOM!!19 IF. ~epra 11I14/100& The selected Respondent must submit a curr~nt ICen:ilieate of Insurancle, naming the City of South Miami as an additional insured and listed as such on tllil insurance certillcate. New certificates of insurance !lfil to be provided to i:ile City upon el{piration. 1fII.fE.1F1f.1fII. irO fD{Hg~lr N@. ii, "UO!$a/I?liJm:1l IiJflIiq;{} OIiq;{}@I'iIUBIlI~cilJ€I@/IIJ." VUH. REQUIRED CIlAU5~$ !FR@M II'I!lDIEMlIL I!:MIERGENC'lI' MANA@IEMEfNlT AGENCY (1I'IEMA): The Federal Emergellcy Management Agenc), (FIEMA) requires that the following terms and conditions be Incorporated into this Solicitation and subsequent Contract. By submitting a Proposal in response to this Solicitation, the Respondent acknowledges alU1d agrees to adhere to the specific requirements of these clallses. ThOMms lr.if!2pe BaI14IZ@I~ A. KEY DIEFINITIONS m Federally Assistild Construction Contract. The regulation at 41 C.P.R. § 60-1.3 delines at "federally assisted construction contract" as an)' agreement or modification d"lereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program invoMng a grant, contract. loan. insurance, or guarantee. or undertaken pursuant to an)' Federal program involving such grant. contract. loan. insurance. or guarantee, or any application or modification thereof approved by the Government for :a grant. contract, loan. Insurance. or guarantee uUlder which the applicant itself participates ill the construction work. (2) Constryction Work. The reguiation at 41 C.P.R. § (Oil. U defines "construction work" as the construction, rehabilitation, alteration. conversion. extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also inciudes the supervision, inspection, and other onsite functions incidental to the actual construction. a!. During the performance 01 this contract. the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include. but not be limited Thoml!\S ~. ~aplB I :III <IIZO i6 to ~he following: iEmployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rues of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post un conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination dause. ii. The contractor shall, in al! solicitations or advertisements for employees placed by or on behalf of tile contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion. sex. or national origin. (3) The contractor shall send to each labor union or representative of worken with which he has a collective bargaining agreement or other contract or understanding, a notice to be prOVided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies o~ the notice in conspicuous places available to employees and applicants lor employment. (4) The contractor shall !:omply with all prOVISions of [Executive Order n i 246 of SQ!ptember 14, I %5, and of the rules. regulations, and relevant orders of the Secretary of labor. (5) The contractor shall furnish all information and reports reqllired by Executuve Order 11246 of September 14, ! %5, and by ruies. reguiations, and orders of the Secretary of labor, or pursuant thereto. and shall permot access to its books, records, and accounts by the administering agenc), Olne! the Secretary of Labor for purposes of investigation to ascertain compliance with such rules. regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this comract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in ExeclJtive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order I 1246 of September 24,1965. or by rule, regulation, or order of the Secretary of Labor, or as otherwise prOVided by law. (7) The contractor shall include the portion of the sentence immediately preceding paragraph n> and the provisions of ThoMIUI iF. Pep!! 03/B~/10I~ par:lgraphs (!) through (7) in every subcontract or purchase orde~ uniess exempted by rules, regulations, or orders of the Secretary of labor issued pursuant to section 21)4 of Executive Order ~ ~ 246 of September 24, 1965, so that such prOVisions will be binding upon each subcontractor or vendor. The contractor shan take such action With respect to any subcontract or purchase order as tile administering agency may direct as a means of enforCing slIch prOVisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened With, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to procQ!ct the interests of the United States. [I. COMPLIANCE WITH THE COPELAN!) ANTI·KICKBACK ACT (i) The cOlltractor shan comply with 13 U.S.C. § 314, 4m U.S.c, § 31 "IS. and the reqlJiremem~s of 29 c::.f.R. pt. 3 as may be applicable. which are illcorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the daMse above 1I00d slJch other dauses as the FEMA mal' by appropriate instructions reqUire, ami also II clause requiring the sl!bcontrllctors to indude these clauses in any lower ti@f subcontracts. The primQ! con~ractof shall be responsible ~Of the compliance by any subcolltractor or lower tier subcontractor with all @f these contract dauses. (3) Breach. III breach of the contract ciOlUlses above may be grounds for termination of the contract and for debarment as a contractor and subcontractor as provided in 2'il c'1".R.§ 5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Compliance with the Contract Work Hours and Safety Standards Act. (I) Overtime reqUirements. No contractor or subcontractor contracting for any part of the contract work which may reqUire or involve the employment of ~aborers or mechanics shall reqUire or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in elCcess of forty hours in such workweek unless such laborer or mechanic receives compensation a~ a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; iiql!idated damages. ~n the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor Thomaa IP. I!iIGpe la1G4/201~ shan be ~ia!b~re for the unpaid wages. In addition, such contractor lIlne! subcontractor shari be lia!ble to the United States (in the C2l$<e 01 work done under contract 10r the District 01 Columbia or at territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, oncluding watchmen lIlnd guards, employed In violation of the clause set forth in paragraph (I) 01 this section, in chill sum of $ i () for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the dause set forth in paragraph (I) of this section. (~) Withholding for unpaid wages aild liquidated damages. Tile Coty of South Miami shall upon its own action or upon written request. of an authorized representative o~ the Department of labor withhold or cause to be withheld, from any moneys payable on account of work [performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-asSisted contract subject to the Contract Work Hours IlUld Safety Stsndards Act, which is held by the same [prome contractor, such sums as may be determined to !be necessary to satisfy allY ~oabmties of such contractor or . subcontractor for unpaid wages 2lUld liquidated damages as prOVided on the dause set fonth in paragraph (2) of this section. (4) Subcontracts. The contr21ccor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contradOf shall be responsible for compliance by an)' subcontractor or lower tier subcontractor with the chliAses set forth in paragraphs (i) through (4) of this section. D. CLIEAN AIR ACT (I) The contractor zgrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.c.§ 740 I et seq. (2) The contractor agrees to report each violation to the City of South Miami and understands and agrees that the City of South Miami wiil, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate i:nvironmentai Protection Agenc)' Regional Office. (3) The contractor agrees to indude these requirements in each subcontract el(ceeding $! OIl,Il!)O financed in whole or in part with Federal assistall1ce provided by FEMA ThOMai IF. Pepm Ilfe~laOU E. FEDEAAl WATER POLLUTION CONTROL ACT (i ) The contractor agrees to comply with all appiicabie standards, orders or regulations Issued pursuant to the Federal Water Pollution Control Act. as amended. 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the City of South Miami and under~tands and agrees that the City of South Miami Will, in tUM. report each violation as required to assure notification to the Federal Emergency Management Agency. and the appropriate Environmental Protection Agency Regiomll Officill. (~) The contractor agrees to illciude these requiremllnts in each subcontract eltceedinl\i SIOO.OOD financed in whole or in par~ With Federal assistallt'" provided by FEMA F. SUSPENSION AND DE~ARMENT (I) Thi$ ccmtract Is II covered transaction ~I!r purposes 01"2 «:'1'. R. pt. I!lO and 1 C.I'.R. pt. ]O(J(!' As such the contractor is required to verify that HlOiU! of the contractor. its principals (defined at 2. <C.IF.lt § IIlO.~~5). or its affiliates (dellnilld at 1 <C.~.R. § 1111).905) alre e~duded (defined at 2. C.FR § ! BO.940) or disqualified (defined at 1 C.F.II1.. § IIlU3S). (2) The contractor must comply with 1 C.P.R. pt. 1110. subpart C and 2 C.P.R. pt. 300!). subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This cillftilication Is a materia! representation of fact relied upon by the City of South Miami. If it is later determined that the contractor did not comply with 1 C.P.R. pt. I IIi), subpart C and 2 C.F.R. pt. 3000. subpart C. in addition to remedies available to the City of South Miami, the federal Government mal' pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the reqUirements 012 C.P.R. pt. 1110. subpart C and 2 C.r.lt. pt. 3000. subpart C while this offer is vaUd and throughout the period of any contract that mal' arise from this offer. The bidder or Respondent further agrees to include a provision requiring such compliance in its lower tier covered transactions. 'tl'homas f1:. PI!Pca GYG411016 G. ~YRD ANT~-lIOBBYiNG AM!:NDMIi:Nf. ~ ~ U.!i.C. § 13!»1 (AS AMEND!:D) The contractor/respondent avee! to cooperate with the City on order for the City to recover as much of its debris removal cost as possible fromth,e federal government, including FEMA. and to provide all necessary docllmentation. including Certifications regarding lobbying. Currendy. FEMA requires that the City lind an subawards at ali tiers (including slIbgrants. contracts under grants and cooperative agreements. and subcontracts) and that aU slIbrecipients shan certify and disdose lobbying IIctivities seeking to influence federal officer, employees, members of Congress in connllctlon with obtllining federal contB'act, grant or any other Ilward covered by 3 i U.S.C. $ i 352. AU respondents. by submittin~ il propos!ll~. ilI!ir~ to provode Certlflciltion regarding lobli)'ill/i; liS required!>)' the federml goverllment zlid/or its &g<ellcies. (~) In the periormOlnce of this cOlitrmet, tile COlltrmctof slla!! mllke m:axlmum 1151) of products contilonillg recovl!lfllld materials thllt zre [EI'A-dl/isugillltl/ld items Miliess tlil!l product cannot lie acquired. (I) Competitivei)' within !II timeframe providing for complillilce with the conltl'act performance scliedule; (ii) Meeting contract performance requirements; or (1) iliformaticil about this reqUirement is awililbie at IEI'A's Comprehensive Procurement Guidelines web site, 1lttp:1Iwww.<!lRa.mv.icpg/. The list of EPA-designate Items is avaiiali~e at httB:llwww.eRa.gQ~!products.htm. I. ACCESS TO RECORDS The following access to records requirements apply to this contract: (I) The contractor agrees to provide the City of South Miami, me FEMA Administrator. the ComptB'olier Genera! of the United States, or any of their authorized representatives access to allly books. documents. papers. mnd records of the contractor which are directly pertinent to this contract fO.r the purposes of making audits, examinations, excerpts, and ~ranscriptiolls. 1I'~omas F. f1apra na/14/aOn~ (1) The con~rac~or zgrees to permit any of the foregoing parties to reproduce by ai'll' means whatso@"er or to copy excerpts lind transcriptions as reasonably needed. (3) The contractor agrees to pro"ide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DISASTER RESPONSE SERVICES (DRS) SEAL. LOGO. AND FLAGS The contractor shail not use the DRS seal(s), logos, crests, or reproductions of Ilags or likenlesses of DRS agency officials without specific FEMA pre-approval. K. COMPIJANCE WITH FED!:AAL LAW. REGULATIONS. AND EXIECUnVE. ORDERS This is an ad<nowli!dgem~m that FEMAllinllll.lciai usistanlc® will be used to fund the contract only. The contractor shall comply with an applicable feder21llaw, regula~iolDs, 1Il11®ClBtil/® orders, FIEMA poUd®s, procedures. :lind directives. The f®deral Government is not a parity to tllis contract lind is filot subject to any obligations or liabilities to tlte non-Federal e~tilty, contractor, or any other part)' peruining to any m21Uer resulting from the contract. M. PROGRAM fRAUD AND FALSI: OR FAAUDUI.!:NT STAT!:MI:NTS OR RIELA TED ACT~ The contractor acknlowledges that 31 U.S.C. Chap. 31il (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertainin!!: to this contract. O. II§ONI!»/GiJJAMNT'tf -1F1!;;~!"O~MAINICt!: AINII)) f'A'tfMIEINIT IaIONI!»i!i Contractor shall provide the City with a lI"@ril!l>li"mmm:e miill1 li"myml!liit Ia\l!l!iiil ~Ii tli@ mml!l>!Blit I!l!f $~,@@@,@«IJ«IJ I!l>II' ! «IJ@% I!l!f tli@ <t:l!l!litll"illd lI3\~llIe, whichever is greater. within three (3) calendar days of a written notice to proceed by the City. One activated, tile Perlormance and Payment Bonds shall be in force for a period of not less than OBle year from the date of the original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M. Best rating of "A·" (Excellent) or better, which bond shaDl be conditioned upon the successful completion of all work, labor, services, materials to be provided and furnished, and the paymem of aU Thoman IF. IPepe U:ll14/aOI~ ~ubcontrlctors, materials and !aboren. if the value of the contracted work increases, the Contractor shall be required to provide an updated Performance and Payment Bond in an amount equal to the new value. INIOTE: A LETTER fROM YOU~ ~OND!INIG COMPAINIY THAT VERifiES YOU CAN COM PI.. Y WITH THIS RIEQUI~IEMIEINIT AND THE MAXIMUM AMOUNT iN WHICH YOUR FIRM CAN l!liEBONDED MUST BE iNClUDiED WITH YOUR PROPOSAl... FAILURE TO SUSMIT THE UTTER WITH YOUR PROPOSAL SHALL RENDER YOUR PROI"OSAI.. NON·RESPONSIVE. ENID Of SECTION IEXHIBIT! IP'IP<QOjECI ~ACI(I1:il~QUI\I!lll " :!lCQI"~ Qf!' $~!'I.VOC~$ AJJACHil"l1EI\II~ 1E1'll1Efil!IGIEINlC'lI' 1»1E1ilfil!O~ !l.1E1M@'lfAl ANI» IlJOi!ii'@SAIL i!i[!;fil!'lfOCI!li!i fil!Fi' jjC$1M2@UI·04b A detailed list of tasks/service requirement! to be provided by the Respondent is indllded in this Sohcitation as IDKHUfOUT U, Ii'ROJIECJ' lMCU<GI/II,OiJN/I) ~ SCQPE Qf SIERlf6C/ES, AnGc:hUlllIilIl~ "Ji, ~, C ~ /I). Db JOl Stll'@lIit IIiIP @fgheClew @f $@/IO~h MII!lJUIIIII$ Im:Ollld@dJ Gg Jln@chUlllell~ C. The Clew's J'1IlU!ip@1f@1'jf $t@lllllif /I)",/bO'l$ $t@sgllll8 @fJld Redlllctu@fJls Sotillm Is Im:OllOded @s li.n@c:lJiffllillit /I). A eorrespondinl!: I'riclnl!: Schedule ~or the tasks/services is included as IDKHe~OT <4) "/i1!,esfj»@I1€11l1illb C@$\! @II@! 'lfea;IiIIIBc@O iP'Mgl@S<!iJO." This Pricing Schedule, must be included iUlyour Proposal documents and may include additional items that the Respondent deems nlllcessary to provide the services contemplated in this Solicitation. The seiected Respol1dei1t(s) shall perlorm the services detailed in this speciOicatioll ill a timely and e)(peditlous maImer. Ig tlie disaster is sllch that it m21y reasonably be predicted in advance, selected Respolldent (5) shailliave manll/l:lIlment penollnel wlthilD the City's Emergency Operations Center (!:OC) at least 24-411 hours prior to the arrival of the disaster. If the disaster Is sllcll th2lt the disaster could not be predicted, the selected Respondent (s) shall have manlllliement personnel within the EOe within 14 hours after trne event. Selected Respondent's manlllliement p<er5onnel shall assist the City to pian II response, pian for the arri1lai of th<e event ig possible, anist with the Emergency Push, alml conduct debris removal. Selected Respondlllnt (5) mila!! mobiiize work crews and hea\l)l equipment within such period of time ms mal' be set 10rth wlthill the Notice to Proceed. Crews shall be mobOUzed in Ii. staaer<ed phasing so as not to overwhelm the resollrces of the City's monitoring penoMel. As part of its proposal, RespoUldellu shall describe their mobilization pro~ram and past e)(perience with such mobilization. Selected Respond<ent (5) should dearly detaU e)(perience in large, previous compelling mobilizations, to multiple sites, with short time frames. The Selected Respondent (5) shali, after Notice to Proceed aUld with the City's direction, provide a Work Plan showing where operations wm begin and which streets/roads wili be cleared and collected on II daily basis. The Plan shall be updated each day of operation. The selected Respondent(s) shall provide a daily update of pro~ress, showing the streets cleared by map, the volumes recovered. the iocation of crews, and the estimated percentage compietion and, shall be accessible by the City. Respondent shall proylde e)(amples of such work pian, their web-based prol!:rams, their plans for its use, anct the hosting thereoff In their proposal. '1I"homan ~. Pep!! 11114JaDI& Upon notification by the City to begin emergency debris collection operations. the selected Respondent (5) shaU safely commence disaster and debris management activities including. but not limited to. complete documentation to support federal. state and iocal reimbursements. furnishing ail labor. materials. and eqUipment to accomplish the following types of tasks: a. Clearing and/or removing debris from the public right-of-way (ROW). streets and roalls or publicly owned property. as directed, to secure the public's safety. When requested by the City. the selected Respondent (5) shan also assist the City or i!S agent(s) to provide services 011 private property (i.e., single private property. gated communities. and control!ed access communities); b. "stab~ishmei1t. mllrlagemenl:, permiming Ilnd operation or debris redllctioiij sites to accept. sort, process. reduce. incinerate. Itnd dispose of event reiated debris. Ai~ sites shan be approved by the City prior to tile commencement of operations; c. Demoiitioiland removal of condemiied structures and buildings the pose OIl threat to public safety that are OIl result of the disaster eV<I!i1t; d. Tree trimming. tree toppil1~. tree removal. stump grinding. ~rubbing. clearirng. liauUn~. and disposal. Providing all permits and services necessary ~()i' the containment, delllffl up. rem()va~. transport, storage. tl!stirng. treatment and/or disposa~ of hazardous and indllstrial materials. including white ~oods. resuiting from the event; e. . Removal 01 sand and earthen materials from roads. streets. bridges and right-ol- way and stockpiilng at the closest City deslgnalted site; f. Cleaning and opening of drainage systems and retention alreas; g. All areas throughout the City where debris removal is accomplished and there is damage due to the selected Respondeiit(s) operations. the selected R.espondent (5) shall be responsible for retuming these areas to their original conditioi1. Ail damages to pavement. sidewalks. curbs. utility lines or any other infrastructure shall be repaired or restored to the satisfaction of the City; and h. Debris collection shall be performed ill no more than three (3) separate passes. Prior written approval to commence work on each pass must be obtained from the <City. The City mal' elect to have the selected Respondent(s) perform additional debris removal. The City wiil issue a written change notice to authorize any additional passes prior to the commencement of the work. The selected Respondent(s) shall work on conjunction with the City to provide activities. induding but not limited to man~ement. slaff augmentation. support capabilities. consumables, temporary facilities. monitoring towers, transportation support (trucking ThOMEli IF. fie,e WI41~OI~ aUld static support assets), power generation, portabie mght$, commMUlications equipment, d<ebris removai, deployable personnel. and major IIlnd itlllMS and development of operational procedures lor logisticai Staging Areas (lSAs). base camps. eomfort stations. food and lodging. The City wui not pal' any travell"er-Dlem costs incurred by the selected Respondent(s). The selected Respondent(s) shall provide data management and support to the City during the disaster recovery effort. iUlciuding but UlOt limited to: 2l. Assist the City on the preparation of FEMAlFHW A and State reports for r<eimbursemenft, including training of ageUlcy/department employees am:! review of documentation proor to submittal; . b. Work dose!y with State Emergency MaUiagement, IFEMAlFHWA, and oither agencies to IlnSUfe ~ha€ debris coliecdo81, debris disposition, and ail supporting data meet each agency's reqUirements for reimbursiI!ment eligibility; c. UtiiiziI! City tracking documentation and/or provide approved collectioi1/disposa~ tickets, field inspection stations and reports, and other required docRlmentation to support and provide substantiatioU1 for fIEMAlFHWA, ~ederal. and/or State reimbursement; d. Selected I'!.espondent(s) shall wnollBct daiiy meetings woth the City to provide updates on dIll status of operations. disclJss issues/problems, and daily work schedules. The selected l'!.espondel1t(s) shall providill daily reports in at format approved by the City that detail the progress of the debris removal lind disposa~ program. Such reports shan include a description or all arelilS where work was done detailing dill street names, beginninlli Ilrld ending cross streets. address blocks. aUld City limit ~ines when applicable where debris remova!w3s completed. The reports must also indude the types and volumes of debris transported, reduced and disposed. The reports shan include issues requiring attention and other information requested loy the City; e. Selected Respondent (5) shall maintain, in an approved and safe place at the site, one record copy of ali load tickets. disposal tickets, field inspection reports OIInd other data sufficient to provide substantiation of debris removal costs for Federal and State reimbursement applications aiong with Written Amendments. Change Orders. Work Change Directives. Change Orders and written interpretations and clarifications in good order and annotated to show aU changes made during the execution of the work. These record documents. together with aU approved samples. shali be available to the City for reference. Upon completion of the work, these record documents and samples shall be delivered to the City; and 1. Selected Respondent(s) shall maintain adequate records, documents, and information to justil'y aii charges. expenses and costs incurred in performing the work for at least five (5) years after completion of tliis contract. 1f'ttOn1ZS IF. ~QP~ n:!104/aQI~ Selected Respondent(s) shall provide technical expertise and guidance to support the City during the disaster recovery effort including, but not limited to: a. The City's Emergenc)' Management I"lan, including plan review and plan revisicm; b. Damage assessment including staff training and staff augmentation; c. Critical facilities assessmen~ including facility inventory and faci~ity assessments; 01. Comprehensive mitigation proliiram deveiopm<ent, inc~udinlii mitigation plan, stal'l1 training, cost benel'lt mnalysis, project man~ement, (;15 mapping, environmel"lta~ review and staff aUi!:mentatio01; e. Support of the City's debris pian and City compatib~e GIS mappi01li, induding staff training; f. Project management, to Indude the formullltioUl and manaliement of perrmUli12llt work projects, tmsk forci/l manaliement and man~emei1t services for the Cii:)?; amil g. Provide technical support and assistance in developing public information. The City ma)! empioy the services of l!l Debris MonitoriUlg Consultant to provide overslliht of the selected Respondent(s) operations. The Debris Monitoring Consultan~ at the direction of the City, acts as the City's agent and has authority to act on its behalf. including direclion to the se~ected Respondent(s) 011 ail operational, reporting ;md administrative matters. a. Preparation and layout of the site; management, maintenance aild operation of tile TDSRS, including but not limited to, the sorting, segregation, processing and reduction (chipping, grinding or incineration); groundwater and soil testing; furnishing materials, supplies, labor tools and equipment necessary to perform services; providing traffic control, du.st control, erosion control, inspection tower(s), utilities service, lighting, ash and hlWlfdous and toxic waste containment areas, lire protection, permits, environmenta~ monitoring and safety measures; loading reduced/stored and initiating load tickets for final disposition; and closure and remediation of the TDSRS. 1l'hOMIUI IF. lFIepl2 1:!I!~/aDI~ b. Selec~<ed li'1.iIlspondent(s) TDSRS shall hall/e appropriate site entrance lind cOfltrols, four (4) person Monotoring tower(s) built to the Army Corps of IEngineerinl: standards, bathroom, l4-hour site Management and communications. c. If incineration is used. tl'le site shall have a 24-hour lire tender. d. All waste received shan be processed within 60 days. in lirst-in-Ilrst-out processed basis, where possible. Where the selected Respondenc(s) uses an existing disposal facility, the selected Respondenc(s) shan be responsible for tip fee rate, not to exceed the City'S approved rate(s). The selectee! Respondent(s) shail be responsible for documenting cubic yard~e and tip fee rate without mark lip. <!!. AU TDSRS sites and other debris collection sites sh21~1 be maintained ill full accordance with ail applicable federal, state and local ~aws, ordinances, relliulations and s~ndards. 1NI©'il'IC: IlIllllflllll" ~~ IE1iGiulbu~ ~, "'I"IRI!:il.ll!EIC'il' ~AICIi(@IR\©1!J1'\D1[JI &I! ililC©flC ©lll' iliICIRtVOt:ll:iIi," A'il''il'ACHlIMIiiiN'il' I[JI, "con 011' iliOI!J'il'HlIMIIAIM! 'il'EIMI~Orul\IfI.Y I[JllEi§lli'liili n A@UNG ANIlll llIliEIlllQJC'il'O©N S!'il'f!:$" All eqUipment used in the performance of this contract $hal~ be in good operatong condition and in compliallce with all appUcab~e federal, state, and local laws, ordinam:es, regulations and standards. Ail Olqllipment il1ciudillg:, but not limited to grinding equipment, 1!enerators, ~i1!ht towers, etc., shaUbe equipped with a properly functioning accurate hour meter. Prior to start of work, ali vehicles IDSed by the selected li'1.espondent (s) for debris collection must be measuf<ed for capacity, properly documented for FI:MAlFHWA purposes, and appropriately marked by the City. Vehicles may be re-measured at any time at the discretion of the City. The selected Respondent(s) debris r<emovai crews shall consist of the follOWing minimum resources: a. One self-~oader or a combination of three hauling units that can be mechanically loaded by a front-end loader or other appropriate eqUipment; b One saw man and two laborers with aii pllrtinent equipment; and c. Two lI~men for trafflc control. Selected Respondent(s) shall have at least one hot spot crew. The crew shall consist og one self-ioader plus the minimum crew specified iUl above scope of services. The hot spot Thomas F. jpIepe 1211~laOI~ crew shall respond to urgent requests from the <City aild shan begin operation within 24 hours after Notice till Proceed. The City may require additional hot spot crew(s) for e2\cli collection zone or region of dli1l City. Selected Respondenc(s) shaii be responsible for obtllining all permits. licenses. certifications. etc .• required by Federal. StlIte. County. and City laws. regulations. codes. and ordinances for the performance of the work required in these specifications and to conform with the requirements of the law. The following Ust of services sh:illi be incorporated in~o the <emergenc), debris managemellt and disaster recovery services detlli~ed herein lit no 21ddltiona~ cost to the City: a. Training and Assistance Sessions for all key City perslllllnel lllnd mssistllnclI! in aU -disa5t11!r debris recove6')' p~anning efforts, ll1S requested. b. I"reUminary Damllli:e Assessment DetermiM the impact and magnitude off the disaster event before fe<tleral assistllnce is requested, identifying damaged locations and facilities. assllssin~ and preparing initial estimates ell debris volumes. distOilguishing between pre-dis2Ister damage and disaster-generated damage. documenting eligible costs and describing the physical and fillandal impact of the disaster. c. Mobili:tation and Demobilization All arrangements ilecessary to mobiUze alld demofiliiize the se~ected Resporndent (5)'5 labor force lIlno1 <!!quipment needed ~o perlorm the Scope of Services contllined herein shall be made by the selected lf1.espondent (5). d. Mobiie Command Unit Selected Respondent (5) shall provide space in its mobile command unit(s) for up to four (4) <City debris recovery management personnel. to serve as a field operations command center. e. Temporary Storllli:e of Documents Selected Respondent (s) shall provide storage of all disaster-related documents and reports for protection during the disaster event. f. Debris Planning Efforts Thomas IF. Pep!! laI14Iz@a~ Selected Respondent (5) shall assist in ail disaster debris recove6')' planning efforts. as requested by the City. 1'hese planning efforts shall include but shall not be limited to. development of a debris management plan. identification of adequate temporary debris storage and reduction sites. estimation of debris quantities. and emergency action plans for debris clearance. following a disaster ellent. g. Closure and Remediation of the TDSRS location(s) Selected Respondent (5) shan remove all eqUipment and temporary structures and shan dispose of all residual debris from the TDSRS at an approved, final disposition site. Ash piles shan be tested using the Toxicity Characteristic Leaching Procedure, and ash shall be disposed of in a Ciass ! landfill if contamination is not found. If unacceptable levels of contamination are detected, the ash shall be disposed of in a hllZardous materiallandlil!. Once stockpiled debris is removed from the site, the selected Respondents (5) shall test soil and groundwater, and the test results shall be compared to baseline test results to determine if contaminants are present. The selected Respondent (5) is responsible for the reclamation and remediation of the TDSRS ~oc"tion site to Its original condition. h. White Goods Selected Respondent (5) shan rt!lc)'ele all eligible white goods in accordance with ail «ederal, state and ijocai rules, reli:u~ations and laws. The City requires written evidencl!l that a Res[!lomlent us an established business operating in compliance with aU loca!. statl!l alm:l ~I!ldera~ laws. ~ch Respondenuhali be ~icensed and qualified to do business in its area 0« expertise and must submit copies of all applicabie lieen$es/certilicatioB1s with their proposal. The selected !\I!lspondent (s) shaU maintain the appropriate licenses and certificates throughout the term of the contract. Respondent certifies that its company is It ~icensed General Contractor. preferably in the State of Florida, or a joint agenc), with ill Florida Genl!lra! Contractor. Rl!lspondent must submit a copy of the license with the proposOili and be in good standing with tile State regulatory body. No specific designation is required, onl)' that the compan), is properl)' licensed as a Contractor. Respondent must show its qualifications iii the handling o~ hazardolls materials and household hazardo!!s waste. This requirement may be demonstrated b)' listing the compan)"s empio)'ees and their respective Hazardous Waste Operations and Emergency Response (HAZWOPER) licenses, asbestos licenses, and other related qualifications. Ail subcomractors, suppliers or other persons or organizations (including those who are to furnish the prillcipa~ items of materials or equipment) shOll! be submitted to the City prior to contract award for review ane! acceptance. The City's acceptance, ill writing, of an)' such subcontractors, suppliers or other persons or orpnlzation so identified rna)' be revoked on the basis of reasonable objection after due investigation, in which case the selected Respondent (5) shall submit an acceptable substitute. Throughout the term of the contract, the selected Respondent (5) shall updatl!l the City when any changes arl!l ThlDrniW f. PC2pe 12'1~'ZO!6 made to the list of subcontractors. rhe Cit)! shan have the right to review, accept or reject an)' subcontractor, and will motify the selectee! Respomlent (s) in writing of its decision on the requested changes. fiiilll~p@8BI!lelitm mil»<lIBO c@~I<!Ite ~I»e "l.ultlUilI @f /Pl'@#3csetIJ Subc@Diltmct@f2 IlIUIl«il PII'08!Jc!g:1lI1 $~UI@U'Il" ((»rim; Imfe? the "PI'@#3@$cl Submlttllll ChecklIst IF@fflIJ OlD 1R1F1f'. Selected Respondent (5) shali be fully responsible to the Cit)! for ail acts and omissions of the subcontractors, suppliers or other persons or organizations performing or furnishing any of the work under a direct or indirect contract with the selected Respondent (5) jllst as the selected Respondent (5) is responsible for the selected Respondent (5)'5 own acts and omissions. Nothin!!: in the resulting contract documents shall create for the benefit of any such subcontractor. supplier or odler persons or organizatoons, an)' contractual relationship between the Cit)! 2lUle! an)' such subcontractor. supplier or other penolls or organontiol1s, nor shall it cr~ate an)' olillillatoon on the part of the Cit)! to payor to see to the payment of any monel' due an)' such subcontractor. supplier or other persoll or organization, except as may otherwise be required lily laws and regulations. 'fhe selected Respondent (s) shml! be sole~y responsible for scheduling Ilnd c()ordiI1Olton~ the work of subcontracwrs. suppliers or @thi!r penons or or~Olni~ations performing or furnlshln~ any of the work under a direct or indirect cOl1tract witth the selecti!dl Respondent ($). nue selected Respondent ($) shal! require ail subcontractors. supplien or other persons or organintiol1s performin£: or furnishing any of thi! work to communicate with the Cot)! through the selected Respondent (5). All billing statements or invoices for payment 01 services shall liIe ori!!:in!!1 and shou!d liIe sent to Cit)!. Billing statements or iilvoices should indude company name and address, locations of where work has been performed. reconciliation sheets for each day's work. and support documentation as required. 'fhe selected Respondent (5) shaU be responsible for all work and/or debris deemed on eligible. Retainage will be withheld from each contract payment in the amount of ten (10 %) percent. Iletainage will be released upon the completion of the project including the resolution of all complaints. but not sooner than 90 days after the completion of ali contract work to Insure timely compietlon of the project and/or discovery of damage to public or private property. If Retainage exceeds $1,1100,000 Dollars, it shall no longer be collected or withheld. Invoices submitted for payment shall be accompanied by an electronic worksheet, in Microsoft Eltcel format, which includes information contained in the approved worksheets ThomllSl ~. PlSpe a21041l01& and/or debris ticket. Th~ final format or the daUy worksheet and Information to be contained will be approved and agreed upon by the $e~ected Respondent (5) and the City. Any discrepancies between the City's records and the selected Respondent (s)'s submittals must be rectll1ed, to City's satisfaction, by the selected Respondent (5), before payment on those items will be made by the City. Selected Respondent (5) sha~i computerize aU tickets daily and present to the City. as a summary reconciliation document within (48) hours of the daily completion of the work. Selected Respondent (5) shall note that thousands to tens of thousands of tickets may be produced per day and selected Respondent ($)s shall utilize a computer program to encompass such potential volumes. Selected Respondent (5) should· prollide sample forms and program formats, describe their data processing experience, their data managemellt center (if any), their data management programs and procedMres, and ~heir key data management personnel in their proposai. The City aUld selected Respondent (s) $hal! me!!t daily (within 48 hour$ of the issllanc!! of the tickets) to reconcile tickets lind work perlormed. Selected Respondent (s) shall rellise the computerized reconciliation sheets with any corrllctions discollered and re-prllsent a corrected Daily Reconcibtion sheet to the City for signature within ltWenty-four (24) hours thereafter. Both 'the City and the se!ected Respondent (5) shan e)(ecute each Daily Reconciliation sheet after being verified as correct. Such Daily Recondiaticm sheets shz!1 then become the basis for biUin!l:. Se~ected Respondent (5) shan uke reasonable pr<!lcaMtiolis for the safety of, and slid provide an reasonable protection to prellent damll!l:e, injUry or ~oss to its employees on the job, and others. TIle Selected Respcmdent (5) shan comply with ali applicable provisions of federal, state, and Municipal safety laws, insurance rrequirements, standzrd industry practices, the reqUirements of thl/) operations and this contract. The selected Respondent ($), directly or through Its subcontractors, shall erect mild properly maintain at all times, as required by the conditions and progress of the work, necessary safegulIrds for the safety and protection of the public, including securing areas, posting danger signs, place carding, labeling, or posting other forms of warning against huards. When use of hazardous materials or equipment or unusual methods are necessary for execution of the work, or when the work includes the cleanup, remediation, and/or removal of bio-solids, bio-huardous waste, or any hazardous or toxic materials, trash debris, refuse, or waste, the selected Respondent (5), its subcontractor(s) and their employees shall be trained and certified as required in the proper handling, use and. care of equipment. materials, and hazardous operations, and shan exercise the utmost care and perform such a.ctivities under the superllision of properly qua~ified and/or competent personnel. Thoml.ll F. [IiI1!l~e 11/14/201~ Selected Respondent(s) shllIl assume full responsibility for any damage to any work area5 or to the City. homeowner. or occupant thereof. or of any adjacent land or areas. resulting from the performance of the work. Selected Respondent (5) shall maintain a toli-free hodine answered 24 hours per day to professionally accept calls related to ciaims related to the services provided by the selected Respondent (s) and its subcontractors. Selected Respondent(s) shall provide in its proposal. a summary of and sample computerized documents exhibiting its complete daim resolution program to include computerized complaint iogs. complaint report forms. site visit and inspection forms. aUld computerized resolution reporting forms 21Uld summaries for the City. Should any claim be made billclluse of acddent. intentionai act, the I'eriormance of the work. or for any other such reason the cause of wl1ich is the selected Respondent(s) or their subcontractors. agents or iIlmployells. the selailcted RailspondeDlt(s) shan promptly settle with such parft}' by negotiation or otherwise resoive the daim by arbitration or othilr dispute resolution proceeding or at iaw. ~eiected Respondent (5) shall provide II weekiI' computeriIed update of ali claims and comp~aints and their disposition. both individllally and in summary fOfm. During the progress of the work, the selected Rillspondent(s) shan keep their site(s) frllilll ~rom accumulations of waste materials. rubbish, and other debris resultinlii ffrom the work. At the completion of the work. the selectllid Respom!ent ($) shan remove all waste materials. rubbish. am! debris from and about the site(s). as well as tools. appliances. equipment. machinery and/or surplus materials. The selected Respondent (5) shan take car® to mOUlito~ and make every effort to prevent or mitigate spins of petroleum products aUld hydraulic fluids. Any such spills shall be remediated immediately b)l the selected Respondllint ($). No tracked eqUipment shan be allowed on p!JlIllie Ureeu or right-of-ways without the prior approval of the City. The selected Respondent (5) shall maintaiUl adequate records. documents. and information to justify aU charges. expenses ami costs incurred in performing the work for at least five (5) years after completion of this contract. The City shai~ have access to such books. records. and documents as required in this section fOf the purpose of inspection. reproduction. audit, and/or during normal business hours upon five days' prior written notice. It is the intent of the City to award this contract to firm(s) that are committed to responding to the City of South Miami if/when a disaster situation occurs and requires the services detailed herein. "0 support this effort for the City. if during an emergency event where the selected RespondEnt (5) have mobilized reSOllrces to assist the City in performing the services of this contract, the selected Respondent (s) shal~ not withdraw Thomas f. !;IIepli! 02/04/2016 or reduce the amount of resources without prior wfitten approval by the City. in the event that this withdrawal occurs without the prior consent of the City, the City wm immediately begin mobilizing other vendors for assistalnce and use the funds of the bonds in place to assist in pllying for any additional services required by the supplemental! contractors. The City will also begin contract termination procedures as detailed ill this specification With anylirm that removes Of withdraws resources without prior written City approval. The City shall have the right to impose the fimmeia! consequences of $200 each, at its sole discretion, for all)l of the follOWing performance deficiencies by the selected Respondent. a. Failure to provide audit-quality information by 5:IJIOpm of the followin:g day of operation. b. Loads not properly talrped or otherwise covered. d. Mixing vegetaltion debris with CBtD debris. The selected Respondent mal' be terminated from thil1 contract, with immediate effect. Ilnd not reciI1ivl!l [payment for Ilny of the followinll: breaches: e. Collecti@n of any non-eligible, non-City 2l[pproved stumps or debris. f. Moving to another designated C@iiection Service Area without prior apprmmi from the City. g. Failure to provide service in accordance with the :guidelines set forth by FI:MA and the City. h. Soliciting work from private citizens or others to lie performed in the designated Collection Service Aril!a during the period of the Contract. i. Alteration of placards placed on certified trucks and/or trailers. Thomas t'=. llD<epe Ja1841aOI~ END Of SECTION Thoml$lF. fepe 11/14/1ao~ IEXHDIBIT iN@. ~ !i"II\Qili:fCif IACKGf@.QUIND " S(;OrlE Oli' lilEiWU(;I!lil! Attal!:Dimelit (; li:HEI'I.<GileilllC1f 1lilililmlil.US REMOVAL ANIllIGO!lP©lSA!. $IIiIWOCli:$ I'I.!'P #CSM10 0 $·@6 "CITY Of SOUTH MIAMI STIIU:EIeT MAP" 0""· . _'ti··1 ~ ~ <'I,*,1 e • ol)fu'iiij ~ ~ ~ ~ ~ tI.) ~ .A,'~" ~ ~ ~ @pm;J City's Rozds Stale Roads County Roads Roads2!l10lllround Cily (Ii South Miami o O. j 0.2 0.3 0.4 ~ Miles Mileage totals for each category: City of South Miami (CSM) roads = 46.80 miles; (Miam~Dade) County roads = 8.33 miles; State (of Florida) roads = 2.57 miles . Mad, by Ci~ of Soulfl Miami Engln"rlng ~ Construction. 3/1912010 GIS Data by Mlaml·Dade COun~. 312010 EXHIBIT iN@o ! IP'IPI.Q!!EICI IAICKGIIlOYNp '" SICQII"Ilii OlE $!ebW!!CIii$ Attachment D l!iiMIl!ililGEINICW o:lICIIlRO!li REMOVAl. .11.l1li0 o:l8SII'iOJIilAI. $ICIi\VOCIIl$ iliFf' !¥CSMl2@08·@6 "CiTY Of ~OUTH MIAMI TEMPORARY DEBRIS STAGiNG AND REDUCTiON SITES" Them&\! IF. lfIepe DlI I 4/200 G from: Sarot 11"0: Cc: SlJllI!ject: FDEP GENERATED LETTER (DO NOT REPLY) <donotreply@dep.state.fl.us> Wednesday, September 13, 2017 1 :07 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myllorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorida.com; timothy.parsons@dos.myllorlda.com; Emad, Patti (RER); chad.fetrow@dep.state.fl.us; jason.sldridge@dos.myflorida.com; ben.fisch@dep.state.fl.us Debris Management Site Authorization Letter· WACS 10 98244, Irma (Sen! By: emad_pb) FLORIDA DEPARTMENT OF ENVIIRONMENT At PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·1 West Palm Beach, PL 33406·3001 HICI{ SCOTT GOVr.RNOR CA1U,OS 1.0PIiZ-CAN'l'EHA 1:1'. GOVERNOR NOAII VAI.ENSTlilN SECHETAHY Sent via email to: kbarket@southmiamitlgov Date: 9/13/2017 Kelly Barke! Jr. 4795 Sw 75 Ave. South Miami, IFL 33155 RE: Authorization for Disaster Debris Management Sites (DDMS) -Irma Dear Kelly Barkel Jr.: In accordance with the Emergency Final Order OOC No. 17-0989 (the Order), which was executed on 9/5/2017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris, Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a DDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website l!n!2:/lwwvv.dep.stale.fl.us/mainpage/emlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS 10: 98244 Public Works .City Of South Miami 4795 Sw 75th Ave., South Miami Lat 25:43:32.7415 1 Long 80:19:.1601 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071: I. 1f'1lD~ ilJ>eJPlann-ti11lil'lnnIIllJ1lWlsllile UD®lnfned wllDiI'lUD lline sole os ®JPlil'lUDed !IIllUi!II lilegillU§ !IIeeeJPl¢BUDg a!lelil~os, !!lUDi!II wlinellU IllDe sole is ciosed mUDd !l)OO delilros Dims lileeUD relllJ1l®na!l; 2. Standing water must not be allowed to accumulate in or within 50 feet of areas used to store or process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; 6. The DDMS is limited to managing the type(s) of debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link below); 7. Unless otherwise approved by the Department in response to a written request from you, the DIDMS must cease operation, and all disaster debris must be removed from the site by 10/4/2017. The Department has also prepared a guidance document on the establishment, operation and closure of II DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much liS practicable, as well as additional requirements from the Order. A copy of this guidance document is IIvailable 011 the DEII' website: h11p:llwww.dep.state.fl.us/mainp-age/emlfiles/debris.guidance.pdf If you have any questions or comments on this authoriZllltion letter, or if YOll require additional lime to operate your DDMS, please feel free 10 contact Patti Emad by E-mail at emadp@miamidade,gov or by phone at (305) 372-6607. in order to provide beller service to you, the Department is using electronic documents as much lIS possible. Please provide your IE-mail address when replying. Sillcerely, \ 'Ii // () iL!l CgWtw1r r\ /OYIVP\- Je!1l1ifer Smith Southeast District JKS Ipe 9/13/2017 Date Cc: patti.emad@miamidade.gov , samuel.cannon@em.myflorida.com , enrique.hemandeZ@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dos.myflorida.com ,emadp@miamidade.gov , chad.fetrow@dep.state.fl.us ,jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emad..pb. [Click To Send] [Click To Cancel Letter] from: Selnlt: To: lCc: 5MltDject: FDEP GENERATED LETIER (DO NOT REPl V) <donolreply@dep.slals.fl.us> Wednesday, September 13, 20171:09 PM Kelly Barket Emad, Patti (RER); samuel.cannon@em.myflorida.com; enrique.hernandez@em.myflorida.com; richard.knowles@em.myflorlda.com; timothy.parsons@dos.myflorida.com; Emad, Patti (RER); chad.fetrow@dep.slate.fl.us; jason.aldridge@dos.myflorida.com; ben.fisch@dep.state.fI.u8 Debris Management Site Authorization Letter -WACS ID 100814, Irma (Sent By: emadJlb) FLOIRIIDA DEPARTMENT OF ENVIIRONMENTAL PROTECTION Southeast District Office 3301 Gun Club Road, MSC 7210·\ West Palm Beach, PL 33406·3001 RICK SCO'I"!' GOVlmNUH CARLOS LOJ>EZ·CANTEltA 1.'1. GOVERNOH NOAH VALENSTEIN SECRETARY Sent via email 10: kbarkel@southmiamifl.gov Date: 9/B/2017 Kelly Barke! Jr. 4795 Sw 75 Ave. South Miami, FL 33155 RE: Authorization for Disaster Debris Management Sites (DIDMS) -Irma Dear Kelly Barket Jr.: In accordance with the Emergency final Order OGC No. 17-0989 (the Order), which was executed on 91512017, the Department may issue field authorizations for disaster debris management sites (DDMS) to be used for temporary storage and processing of disaster debris. Disaster debris includes hurricane/storm-generated debris and all other types of disaster debris. The Order also gives the Department authority to include specific conditions in the field authorizations for the operation and closure of a IDDMS, which may delineate a required closure date that extends beyond the expiration of the Order. A copy of this Order may be obtained from the DEP website http://www.dep.state.fl.us/mainpage/emlinfo.htm The Department has evaluated your request for a DDMS at the following location: WACS ID: 100814 Palmer Park 6750 Sw 60 Ct, South Miami Lat 25:42:49.8659 / Long 80: 18:7.8723 Waste Planned for Management: Construction & Demolition Debris, Yard Trash, Mixed Debris The use of this DDMS is authorized subject to the following conditions, in addition to the requirements of the Order and Florida Statutes 403.7071: I. 1fllne JIl)eJjl>!IIWilDlellllt DmlWl!t lie lIIlointfiielii wllDellll tllne §ite us iIl>Jjl>eDielillllDiillllleguRils iIl~eeJll>tnDig liIellwus, iIlll'ilill wilnellll tIlDe sote is eloselillllllllill anD liIellwDs 1ID1ils llleeUil O"elDlc'IIIlill; 2. Standing water must not be allowed 10 accumulate in or within 50 feet of areas IIsed to store Ilr process disaster debris; 3. Access must be controlled to prevent unauthorized dumping and scavenging; 4. A DDMS must have spotters to correctly identify and segregate waste types for appropriate management; 5. Once the site is open, a spotter must be located in the area where waste is being deposited in order to spot and remove prohibited waste items; 6. The DDMS is limited to managing the type(s) Qf debris listed above; any putrescible waste received at the DDMS must be removed from the site within 48 hours; all other types of prohibited waste should be managed in accordance with the guidance document (see link bellOw); 7. Unless otherwise approved by the Department in response to a written request from you, the DDMS must cease operation, and all disaster debris mils! be removed from the site by 10/412017. The Department has alsQ prepared II guidance document Oil the establishment, operation and closure of II DDMS for disaster debris. This guidance includes recommended practices, which you are expected to follow as much as practicable, as well as additional requirements from the Order. A copy of this guidance document is available om the DEI? website: http://www.dep.state.fl.us/mainpage/ernlfiles/debris.guidance.pdf lif you have any questions or comments on this authorization letter, or if you require additional time to operate your DDMS, please feel free to contaetPatti Emad by E-mail al emadp@miamidade.gov or by phone al (305) 372-6607. In order 10 provide better service to you, the Department is using electronic dQcuments as much as possible. Please provide your E-mail address when replying. Sincerely, ~. Kl? '1: (~r~ ~. J,--. ~ 9113/2017 Jennifer Smith Southeast District Date JKS/pe Cc: patti.emad@miamidade.gov , samuel.cannon@em.myflorida.com , enrique.hernandez@em.myflorida.com , richard.knowles@em.myflorida.com , timothy.parsons@dQs.myflorida.com , emadp@miamidade.gov, chad.fetrow@dep.state.fl.us , jason.aldridge@dos.myflorida.com , ben.fisch@dep.state.fl.us This letter generated by emad yb. [Click To Send) [Click To Cancel Letter) ~H' 1':'" '\ ,'1' -; ~ , ,-,~" "c' ,--" ~-\~-~'; -'-" ~, ," '3 ~~, __ . ___ c,~lf#1f,fliifiJltL, ~~:~11' ,:~rjj.)ljliHfjtlfl,i~JJf: ,'!jJiJ1jJ{~;e d!.'~"~!S,, --<.i 1_,-, _~_ =~:~!:..._. ___ ..ll.~~~,_ ", t"",_~.~~ ... <~,., .... ;;"-,,.~~1~,,,. ~", ,~~,,~~ili,l,",l.,"~~!'~ " __ \"'''', j ~ Arbor Tree & Landt' Inc, C~tv ~f S~uth MRam~, Fl ddlEmergenlCV Debris Remova! and Disp~sai Sel'vices PP RfP# CSM2018~06 Bid Due: 4/18/18 @ lOam ;; GfJl1iJniJitted to Excellence) ~_~, .~ '0" _" o~ "' '."'3~~~,", "l~, ,~"-i_' .~, _ ' "" ""__ ,_ ~,_"~ ,. _ ~ j __ ">~,,-.. ,l~ AI. ']["J[' AI. ClHIMlEN'lf J EXHIBiT 5) ~IESI'Oi'aDI!:INI" C:OST AND TIECHNUCAll'l!.OIl"OSAIl. EMERliill!U'!<:" DlEllIIIBiS REMCIVAL AI>II\Il> \Il>BSI'!l>SAB. SISRVUCI!S Dil'l" IICSM1@U8·@4 NOTte: FADLURE TO COMPLETE THE RESPONDENTS COST AND nCHNUCAI.. PROPOSAl!.. ON TOTAL, MAY RENDER YOUR PROPOSAL AS 1NI0N·RESfONSBVE A. ·· .. ~"'{i~~·~;: ..• · ..... Y:;;; :~~~,~\P':.¥'~u'f;·· 1h. ; ....... "<> I.',;".. ":";;"'" " ••• :". ;>'. ; ....•.. ,. I:;.' .. ".".'."'.' " , i Vegetative debris removal from public property (rlght·ol-way) It hauling to TDSR within City !.imllS of the City of SoUih Miami :I. V",etative debris removal from public property (righ!).ol·woy) lit hauling to TDSUI outside City UmllS of tho City of South Miami 3 Vegetatlva debriS removal from TDSIl.IIt hauling to ~n.1 dlspos.' site within Mlam~Dad. County 4 Vegetative debriS removai from public proporty (right·alway) " hauling to fln.1 «Ilspo,;! site wllllin Mlaml·D.d. County 5 CltD dobrl. removal hm publle property (right.of-way) to rDSUI within City limits of the City of South Miami 6 CltD debrl. removal from public property (rlgh!).of.way) to rDSiI oUlSlde City limits of tho City of South Miami 7 C&e debris removal from TDSR and hauling to fl • .! disposal sit<! within Miami-Dado C",unty B cite debris removal from public property (rlgll!).of way) and hauling to ~nal disposal site within Miami· Dad. Coun!), 9 Debris site management -prep.ratlon. management and segregating debrl. at rOSR 10 Processing (grinding) of vegetative debris at TOSR II Processing (burning) of vegetadve debrl. at TDSIl. 12 Pick up and haul of white goods Thoma51lF. fepe 12114/1016 77 12.00 CY 18.00 CY 21.00 CY 19.00 CY 14.50 CY 20.00 CY 23.00 CY 20.00 CY 1.25 CY 3.50 CY 7.00 CY 75.00 EACH 13 Pick up and d~posa! 01 h_rdoul ""otorlal H D .. d anl""a! colleeilon, ti'Mspomtion. and dlsposai IS Hmrdou. tree removal and hauifng IX> dllpo..J "te, 6 Inch diameter to i U9 Inch dlamol!lr ,<& H_MOYS tree removal and hauling to dlsp,,'" slltiO, 12 l.cUl diameter to aU9 Inet. dl..",.ter 17 Hazardous tree removall ... d houilng to <lisp.".» IlIt", 24 IncUI diameter to 47.99In.h dl..",eur 18 HmJJ'dous tree •• movall wmd houRlnl( to dISp03&! slltiO, 48 l"cUI dlameto. orwI grOWl. 19 HlIDIl'dous ,rump !'l'!"""vaI oneil ~.ul1nl1>!! d1mu>O.;R .Ito, ,. :l,q) ijUlcUI diameter to 3U9 aloma. 20 Hmrdous ilWmp Nmovall aund h.wll~ to dl;PoOlll .Ito, 310 incUi dlomeeor to 47.~ l"cUI o1lomeltiOr 21 Haurdo", 1ItI!Jmp romov&R Mel houliD'l&l 10 dlspo •• i .Ite, <IJiIlncUI dlomoler and groat.u 22 Hilardous limbs> linch In diameter ~! polm of fo...,.~ 23 Demolition 01 structures 24 Disaster evenl sen.roted! hal .. dou. wast" .betmenl; blohazarclous wo.t. abetment 1S Tipping fe •• 1:0 b. rolmbu .... d 1:0 <onfMlctor by City me actual cost 01l"101>1I II:))I!i~C~H"D@6I!I . I JD 544, or equal, wheel loader with deb,ls grapple l'hOMQ [F:, Pepe Illl41l0lG 78 45.00 LB 1.00 LB 125.00 PER TREE 145.00 I'ER TREE 350.00 II'Efl "rn1E~ 000.00 ~R"rnEE 350.00 ~ERmE 450.00 PEI!."rnEE 600.00 PEl!. 'fR~E 95.00 PER TREE 32.00 tV 350.00 lB Cost N/A R.lmbu .... • me!nt <!::@i!l"l!' UI\!IOT 250.00 PER HOUR 2 jO 64~. or .qual. wh.alloado. willi d.brls Sl'llpplo ~ Extend.boom, or equal, forklift with dobrls Uabbl. -4 7SJ Bobcat. or .qual. ,kid ..... loader with debris grappia S 753 Bobcat, or eqmll •• kld steer I ... der with bMcltel ~ 15~ Bobcall, or "'lUll. skicH mer load .. with '~.I $WlHpO' 7 3()'SO HP farm tnl*. wlil! bo" bUod. or mit" II 2·2 1/2 q. Yd. micuille. loed"" wim ~uck.1 '!I 3·4 cu. Yd. !iB't!eMiatad load.r wild! buck&t 10 jO 648 Eo 0. eq~, log .kldder Ii Catorpm ... 04. or .quill <I""", 12 Cat0'l'lIIaI' O~. or equal do:<or . 13 Caterplll ... 08, o •• qua! dOl.r 14 Caterpillar, or equal. 125· 140 Hi' motor gndor is JD 690. or .qual, track hOB wlti1 dabrl' U"Pple 16 JD 690, O~ equal, trnck hoe wlti1 bucket & thumb 17 Rubber tiro Il'Ilck hoe with debrl. uapple 18 JD 310, or equal, rubber tiro backhoe with bucket lA hoe Thomas 0:. 'ape 121141:1016 79 175.0D 125.00 126.00 125.00 125.00 100.00 250.00 250.00 250.00 lOO.CO 250.00 275.00 175.00 250.00 275.00 250.00 250.00 PER HOUR PER HOUR PER HOUR PER HOUR ~Ei\ HOUR PER HOiJll. PER HOI.III PER HOUR PER HOUR pm HOUR pm HOUR PER HOUR PER HOUR PER HOUR PER HOUR PEPl HOUR PER HOUR 19 Rubber tire eKcavmior with dobrls grapple 20 210 Prentiss, or equal, knuckle boom with debris gU1lpplo 21 C.t<arpilla. 62], or equal, self·!o.clar scraper 22 Hand fed debris chlpp •• II ~30 • <100 'Mb Grinder 24 Olomol1lill. or 1IIqUIlD. ~OO -0000 0-111' wb grlndw 1$ lOTon~~ l~ 50 Ton C"".,@ 1.7 ODOr on 011 ..... wlilh ~ hour minimum 211 40 • 6@' l!Iuck.~ TNOk 29 Servfce TNCit )() Wetell" TNCk 31 Pomble light plant 32 Equipment T""nsporu 33 Pick-up Truck. unm.nned 34 Self-loading dump truck with knuckle boom mnd deb,l. grapple 35 Singi. axia dump truck,S· 11 cu. Yd. ThoMIMI IF. I.i'l2pG1 IYI4/'OIG 80 275.00 200.00 200.00 85.00 800.00 800.00 200.00 250.00 460.00 225.00 65.00 125.00 40.00 175.00 15.00 250.00 85.00 PER HOUR i'ER HOUR I"EHI. HOUR PER HOUR II'ER HOUR PER HOUR D'l:R HOUR Ii'EIi!. HOUR iI'~ HOUR PER HOUR PEW< HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 36 31 38 39 4(IJ 41 42 7 Tandem dump truck, i~ ·20 CII. Yd, Trailer dump trick, 24·40 cu. Yd. Trailer dump truck 4i-60 cu. Yol. Trailer dump itlNck ~~ ·80 CII. Yd, Pow .... Scr~~n SilIIcklng Conv")'or OW Mad truck Operations Manger Supe.lnlillndem with Truck, Phone WIld Communl""tlo" Radio Foreman with Truck, Phone and Communication Radio Safety/quality contro~ Inspoetor wlm vehlclo, phone and communication radio Inspeetor with veHlide, phone ane! communlcatloil .... dlo Cllmbe. with gear Saw hand with chaln •• w ThomB5 F. UDep0 IYl4/2016 81 125.00 145.00 150.00 225.00 450.00 476.00 275.00 125.00 90.00 85.00 75.00 75.00 110.00 90.00 PER HOUR PER HOUR PER HOUR. PER HOUR ~ER HOUR ~ER HOUI'<. I'EI'l HOU1. ~ER. HOUR PER HOUR PER HOUR. PER HOUR. PER. . HOUR PEIl HOUR I i 1 I I , I 8 laborers and flmgman 9 Timekeep.r 10 HalMat Professional Ii Hou •• hold H""Malln'poctio" and romovoD crsw il FEMA public tiSslstl>nc@ ntlmIlloge' ~3 FEMA documemation eiuk D4 ComMunity 1IO.I.tI>IIceililot 110$ ol'$l1l~r. i$ Conti1lCt R'i1ll/b ... lHllllMat ,ul'$",i.", 16 CO"II1lct: MM!lgWlIflllllMat .up.""'c .. <>v~rdm .. 17 Field logl.tlcillnlHuMac: lechniclM 18 Field DoglstlcMlHllllMac: technician 19 R ... oun:~. technician DTI!lM Illli'$(;IiI.O il'ii'D@!<8 I 10 kw Gell.mtor 2 15 kw Gen.mlor ThomaD 1:". Plllpa; I 1I11J11DI 6 82 45.00 PE~ HOUR 45.00 PEB\ HOUR PER 85.00 HOUR 4100.00 PEB\ HOUR PER 135.00 HOUII 90.00 PIER HOUR 35.00 PEill. HOUR 115.00 PER HOUR 140.00 t>IER D'JOUR SO.OO PER D'JOUr<. 125.00 !9 HOUr<. 55.00 PEl!. HOUR CO$; con 1I'1l!1II il'EIil fIllAY I!»AYIPI!!III. (14 HI\!Sl WII!D: 550.00 3850 600.00 4200.00 ~ l5 kwG ....... tor -4 50 kw Genorator 5 75 kw Gonerator ~ 100 kw Ganelatar ., ! 75 kw GeMi'ltor II lS() kw Gen."'lor 9 lOO kw Generator 10 ]S(I kw G.n ... tor II 500 kw Gene .. tor 12 750 kw Gen .... tor 13 800 kw Gonorator !"i WOO kw Generator !S ! 250 kw Gen .... tar 16 i 5000 kw G.n .... tor 17 i 750 kw Gonerotor 18 Tails I' Cables (400 amp) SO It T~DmlW Ill. !f1S~ 11104/301& 83 650.00 4550 750.00 5250 800.00 5600 650.00 5950 1200.0D 8400 1600.00 10000 3000.0() 21000 3300.00 ;moo 3500 24500 4000.01) 28000 4400.00 30800 4600.00 32200 4800.00 33600 1000.00 49000 5000.00 35000 25 175 50 350 I i I I I I I I ! I I ! I I I j Land aooed 28.00 Debrl. r.mo~ from 10k .. ond <_I. Weier baaod 180.00 7 Romov.1 of mog", v"",ldes IlIClu<lll",llDWlnllo proceilsl","nd dl'posal Provi,lon of OIM0'1"L'lC)I Ie. Sower, cul.erg mid catdh basin cloonlilii Including D"Mllporl.iI"~ ond dl.posal IillO.OO 300.DO 100.00 5.00 6.00 5000.00 ow.oo 225.00 SUBMITIED THIS .,,1B'--__ DAY OF -'A"'p"'rfl'-______ 10 ,. PROPOSAL SUBMITTED BV, All Classier Recovery Company Clinton S Estimator TIde T~omTW te. IFGpQ U/14/Z016 561·722-6aSO Telephone Numb ... 551-6!!+§157 fax Numbor Info@elldlllll!8lned.com em.1I Add, .. , END OF SECT~ON 84 LF PO, lIoh1d@ ~G' L~ 01 V.'SOli GAL l!l P •• Unllll'er W •• k Po. Phone/Per Day Cf DnsY@nce fM(r~lI::lJ1lll1llleilll(r 4\ EXHIBIT 3 I!!lIi'llI!!UM:;IllGllC1f illlllll!oo.lS ~IiiMCVAI!. ANI!) I!)Uillfi'l@$JIl.1!. !iiIiiIllWDI!::I!i!ii oo.lFll' 111 CSI'II211l 0 ~·illl A. Without limiting Its liability. the contractor. consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and indemnification requlreme.ts) shall be required to procure ond maintain at Its own expense during the life of the Contract, In.uranco of the type. and In the minimum amounts .tated below as will protect tho fiRM. from claims which may .rlse out 01 or result from the contract or the performance of the contract with tho City of South Miami. whether such claim Is against the FIRM or .ny sub-contractor. or by anyone directly or 'ndlrectly employed by any of them or by anyone for whose .ets ony of them m.y be IImbl •• II. No Insurance required by tho CITY 'hall be Issued or written. by •• urplus lin .. carrier unl ••• authorlxed in writing by the CITY and such authori .. tlon .hall be .t tho cnr. sole and absolute discretion. Tho FIRM .hall purchase Insuranco from and shall malnlllin the insurance with. company or companl .. lawfully authorized to sellln.urance In the State 01 Florid •• on form. approved by the State of Florid< ••• will protect the ARM. at • minimum. from .11 claim ... set forth below which may arl •• out of or result from tho FIRM's operation. under the Contract and for which tho fiRM may b. legally liable. whether such operation. be by the FIRM or by • SubcontractOr or by .nyone directly or Indlrectiy employed by any 01 them. or by anyone for who •• acts ony of them may be liable: (a) claims under work ..... • compensation. disability benefit.nd other ,Imll ... employee benefit acts which are applicable to tile Work to b. porlarmod: (b) claims for dam •• bocau •• of bodily Injury. occupatlona' .Iekn ••• or dl ...... or death of the fIRM', employee.; (c) claim. for damages beeaus. of bodily Injury •• Iekn ••• or dl •••••• or death 01 any person other than the FiRM', employ •• ,: (d) claims for damages Insured by u.uol personal Injury liability coverage; (e) clal"" fo. lI.mage •• other dian 10 the Work Itself. becsu •• ollnlury 00 or de.tructlon of tangible property. Includlnsloss 01 us. res.lllng die .. from; (I) claims for damages becau •• of bodily Injury. death ola person or property damage .rlslng OUt of ownership. maintenance or use 01. motor vehlde: (g) claims for bodily Injury or property damage arising out of completed operation.: and (h) claims Invoivlng contractu.lllability Insurance applicabJ. to the FIRM', obligations under die Contract. I'fimll'. Un."I'j!I!C' GIII" .. ...aBv. The FiRM shan provld< .nd maintain in force and effect until all the Work to b. performed under !hIs Contract has been completed and accepted by CITY (or lor such duration as I. otherwise speclfled hereinafter). the In.urance coverage written on Florida approved forms and .s set forth below: ,"prb ... CgOO[lll ...... ijpn 1"."l'llMe at the statutory amount .. to .11 empioy ••• In compliance with tho Workers' Compensation Law" of the State 01 florida Including Chapter 440. Florid< Statutes. as presendy written or h.r .... fter amended. and all appllcablo fed.rall_w.. In addition. tho policy (I •• ) must Include: Employers' Liability at the statutory coverage amount. Th. fiRM shaH further Insure that all 01 Ito Subcontractors maintain appropriate level. of Worker's Compensadon insurance. 'pmm ..... '''' ' .. 001' .... ".0.00. Gan .. ra! !l.1!!D!!Rltlt In.urance with broad form .ndor.emen~ as well •• automobile liability. completed operations and products liability. contractual liability. severability of Interest with eros. liability provision. and personal InJUry and property damage liability with limits 01 $1.000.000 combined slnllle limit per occurrence and $2.000.000 agregate. Including: o Personal InJury: $1.000.000; • Medlcalln.uranc.: $5.000 po. person: o Property Damage: $500.000 each occurrenco: !.IooRwa". Cpmm.rela! C!!mOlillll!anlhm Gan,"" Li..o.II!!;y Insurance ,hall b. written on a florida approved form with the .ame coverage .. the primary Insurance policy but In the amount of $1.000.000 per claim and $2.000.000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than tho latest edition of the Comprehensive General Liability policy. without restrictive endors.mento •• s flied by tho Insurance Service. Office. and mUSllnciude: (I) Premls.s and Operation (b) Independent Contractors (c) Producto and/or Completed Operation. Haz.rd (d) explosion. Coliaps. and Underground H ... rd Coveril,lie 'i"homu 1F.l1'epa 1~/O~/10U~ <el Broad form Property Dam". (I) Broad Form Contractual Coverage applicable to thi. specific Contract, Including any hold harml ••• andlor indemnification agr •• ment. (gl Personal Injury Coverage with Employe. ond ContractuallExclu,lons removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Dam"e Liability. , ... in"" A .. «omoblle l.iabJiity with minimum limits of One Mlillon Doliars ($1,000,000.001 plu. an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage liability. Umbrella coverage must b. afforded on a form no more restrictive than thal.test edition of the Business Automobile Liability policy, without r.strlctlve endorsements, as flied by with the state of florida, and must Include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicle. (c) Employers' Non-Ownership $"bc,,"t .... d.' The fiRM agree •. that If any part of the Work under the Contract I •• ubl.~ the subcontract shall contain the same Insurance prOvision a$ set forth In these Insurance and Indemnification requirements. other than the Fire and IExtended Coverage Insurance and substltudng the word Subcontractor for tne word FIRM where applicable. 1'0.., ",," b¢endled C_ ....... U ... M ...... ''" (1Il0l!!., .... • IRII.!<). HIE AI'L"I!..HCI!!.II!!LI§, A. In the even! that this contract Involve. the construction of. ,tructure, the CONTRACTOR shall maintain, with an Insurance Company Dr In,uranc. Companies acceptable to the CITY, "Broad" formiAIl Risk In,urance on buildings and .tructure., Including V.nd.ll.m 0. Malicious Mischief cDver"e, while In the course of construction, Including foundation., addition., attachments and all permanent fixture. belonging to and constituting. part of s.ld bUildings or structures. The policy or policie. shall al.o cover machinery, If the cost of machinery Is Inciuded In the Contra~ Dr if the machinery I. located In a building that is being renovated by r ••• on of this contract. The amount of Insurance must, at an tim •• , be at I •• st equal to the replacement and actual cash value 01 tho In,ured property. The policy 'hall be In the nam" 01 the CITY and the CONTRACTOR, a. their Inter.st may 'ppear, and 'hall .Iso cover the Inter.sts of.1I Subcontractors performing Work. B. All of the provision, set forth In th. Mlscellaneou. ,ectlon below ,han apply to thl' cover". unl ... it would be clearly not applicable. fMlpgC@nm@DWlI; A. if any notice of cancellation of insurance or change In cove,,,_ is Issued by th. Insurance company or should any insurance have an e~plratlon date that will occur during the period of this contra~ the fiRM shall b. responsible for securing other acceptable In,urance prior to ,uch cancellation, change, or expiration so as to provide continuous coverage as specified In this section and so as to maintain covera,e during the lif. of Ihl. Contract. II. All deductible. must be declared by the FIRM and must be approved by the CITY. At the option ollh. CITY, either the FIRM .hall eliminate or reduce ,uch deductible or the FIRM .hall procur •• Bond, In a form satisfactory to the CQTY covering the same. C. The policle. ,han contain waiver of subrogallon again.t CITY where applicable, shan .~pr ... ly provide that such policy or policl •• are primary over any other collectible Insurance that CITY may have. Th. CITY re.erves the right at any time to request a copy 01 the required pollcl •• for review. All policie, shall contain a "severability of interest" or "eros. liability" clause without obligation for premium payment of the CITY .s well as contractual liability provl.lon covering the Contractors duty to indemnify the City as provided in this Agreement. D. Befor. starting the Work, the FIRM sh.1i deliver to the CITY and CONSULTANT certific.te. of such Insurance, acceptable to the CITY, as well as the Insurance binder, II one is Issued, the Insurance policy, Including the declaration pege and .. I applicable endor •• ments and provide the name, addre •• and telephone number 01 the Insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best', Key Rating Guide, latest edition and authorized to Issue Insurance In the State of Florida. Allln.uranc. policies must be written on farms approved by the State 01 Florida and they must remain In full force and effect for the duration 01 the contract period with the CITY. The FIRM may be required by the CITY, at Its .ole discretion, to provide a "certified copy" of the Policy (as defined In Article I of this document) which 'hall include tho declaration pege and all reqUired endorsements. In addition, the FIRM shall deliver, .t the time 01 delivery of the insurance certificate, the lollowlng endorsements: (I) a policy provision or an endors.ment with sub.tantlally .Imilar provisions as follows: 'jJ'g,On1SS1 ~. flGlpta 121141101~ "The City of South Miami I, an additional Insured. The Insuror 'hall pay all sum. that the City of South Miami become, legally obligsted to pay as damages because of 'bodily injury", 'property damage', or "person.land advertising Injury" and It will provide to the City ail 01 the coverage thot i. typically prOVided under the .tand.rd Florida approved lorm. lor commerci.1 general liability coverage A and coverage S"; (2) a policy provision or an endorsement with substandally .Imilar provisions as follows: "This policy shall not be concelled (including c.ncellatlon for non-payment of premium), termin.ted or materially modified without first giving the City 01 South Miami ten (10) days advanced written notice of the Intent to materially modify the policy or to cancel or termlnat .. the policy for any r.ason. The nodfication sh.1I be delivered to the City by certified mail, with proof of delivery to the City." E. If tne FIRM Is providing professlon.1 services, such as would be provided by an architect, engineer, attorney, or a.ccountant, to name it few, then In such event and In addition to the above requir4!lments. the FIRM shall also provide Prof ... lonal Llobillty In.urance on a Florida approved form In the omount of $1,000,000 with deductible per claim if any, not to eKce.d S% 01 tho limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damag •• for claim. arising out of the servlcos or work performed by the FIRM Its agents, representatlvel, Sub Contractor. or .. signs, or by any peroon employed or retained by him In connection with this Agre.ment. This in,urance sholl be maintained for four ye.ro altor completion of the construction and acceptance of any Project covered by this Agreement. However, the FU,\M may purchase Specific Project Professional liability Insurance, in tho amount and under the term. specified above, which I •• Iso acceptable. No In,urance 'han be Issued by • • urplusllne. carrier unl." .utharl.ed In writing by the city .t the city'. ,ole, absolute and unfettered discretion. A. The Contractor occopts and voluntarily incurs .11 rlsi<s of any Inluri." d.mag •• , or harm which might arise during the work or event that I, occurrin~ on the CITY', property due to the negllgenco or other lault of the CO'ntractor or anyone acting through or on behalf 01 tho Contractor. B. The Contractor .hallindomnify, dol.nd, save and hold CITY, Its officers, .lfillates, employees, successor. and assigns, harmle .. Irom any and an d.mages, claims, liability, 10 ... 5, claims, demands, .ults, fines, judgment. or cost and expenses, Including re •• onabl. attorneys f •• s, parolegal fees and Inve,tlgatlve costs InCidental there 10 and incurred prior to, during or follOWing any litigation, mediation, arbitration .nd at all appellate levels, which may be suffered by, or accrued against. charged to or recov.roble from the City of South Miami, its officers, affiliates. employees, successors and assigns, by reason of any CmUS!!i of actions or claim of any kind or naturo, Including claim, lor injury to, or death of any person or person. and lor the loss or damage to any property arising out of a negligent error, omission, misconduct, or any wo .. negligence, Intentional act or harmful conduct of the Contractor. its contractor/subcontractor or any of their officers, directors, agents, representatives, employ •• s, or assigns, or anyone acting through or on behalf of any 01 them, "Ising out 01 this Agr.ement, incident to it, or resulting from the performance or non .. performance of the Contractor's obligations under this AGREEMENT. C. The Controctor shall pay all claims, loss.s and expenses of any kind or nature whatsoever, in connection thereWith, Including the expense or loss of the CITY and/or Its allected officers, affiliate" employees, successors and assigns, Including their ottorney'. fees, In tne defen,. of any action In law or equity brought against them and ariSing from the negligent error, oml"lon, or act of the Contractor, Its Sub·Contractor or any of their agents, representatives, employees. or assigns, and/or arising out of. or Incident to~ this Agreement, or incident to or resuldng from the performance or non-performance of the Contractor'. obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor Its offic.ts, affiliates, employe.s, successors and assigns shall b. held liable or re,ponslble for any claims, Including the costs and expenses of defending such claims which may result from or .rlse out ol.ctlon, or omissions of the Controctor, Its contractor/subcontractor or any of their agents, representatives, employ.e" or .,.Igns, or anyone acting through or on behalf of the them, and ariSing out of or concerning the work or event that Is occurring on the CITY', property. In reviewing, approving or rejecting any submission. or acts of the Contractor, CITY in no ",oy .. sumes or shares responsibility or liability for the acts or omissions of the Contractor, Its contractor/subcontractor or any of their agents, representatives, employees, or assign" or anyone .cting through or on beholf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm opproved by the City of South Miami, which approval will not b. unre.sonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florid. Statute,. none of the provisions set forth herein above that ore In conmct with thl. subparagraph shall apply and this .ubparagraph shall set forth the .ole responsibility of the design professional concerning indemnification. Thus. Thom;m; F. Pepe IVI4110i6 the design professional's obligations as to tho City .ndlts agencies, ., well as to Its olllcers and employees, I. to indemnify and hold them harmless from liabilities, damages, lo"es, and costs, Includlnllo but not limited to, reasonable attorneys' f.es, to the extent caused by the negligence, recklessne .. , or Intentionally wrongful conduct of the design prof."lona' and other person. employed or utilized by the design professional In the performance of the contract. Thoml\.ll IF.lPcapm IUB4/ael~ END OF SECTION A tttt:ID I\: lln ll1lll ~ Il1l tt f§ EXHIBIT' FO~Ml Of II"IERIFORMlAINICfIll!ll@INID EfMlIlli'l@iENC'I' 1)I!ll!lli'lBiIi RI!lMOVAl ANlI!)) IilIO!§!'OUt.l ililllli'l'll'OCII!Ill Ii'lfll' i# C!§1MI20 0 8-@/I (lReql!!reliu III Con«llltftoill of Awal'd IIln«ll Prior 1M lI:he «::mtrllCtol' \ileceDlI'DlIllli III N@tl!!:e t@ Pl'@cHci. N@t ReIllJIiDI'4l1i1 w8ti1l SlilDm!tI:III8~ "I\!IOW AU MillIN! 8'11' TOill!511! !'RiE!§II!IIIi"ll"$, That, punuant to the requirements 01 Ftorld. Statute 255.05, we, _-:-_-:-_________ -" who •• bu.ln ... address I. and who •• teiephon. number I. • as Principal (hereinafter .... f.rred to .s "Contractor"), and -:-__ .,-.,-__ -:--: _________ --,:-" who •• bu.ln ... addr ... Is and whose telephone number 10 , as Surety, are bound to d1. City of South MI ... I who •• bu,in ••• address i. and who •• telephone number Is , [[and i"ilamo-D.d. County who.. bu.ln •• s addre.. Is and who.. telephone number I, _________ --Jll... Obllg.", (herein.fter referred to as "City") In tho .mount of :-..,...,,-_:-~_-:-___ Doll.rs ($ ) I"" the payment whereol Contractor and Surety bind themselves, their heirs, e~.cutors, .dmlnl'trators, Successors and ."Ign"Jointly and •• verally. WHEREAS, C .. ilt ..... m~ On5l!l ""t" .... d '"t" III C.,,,t.IId, f@w tDn .. IEIMlIEGI!@I!iIlllCW 1!llIElili'105 MIMIC'\? All. SERVICES, 1Il_"'e'" 0"' ~e <lIIlW of! , 1I.@_. WlOlOl ... C"OIiWal<:t INIWl .... Ili ... __ Ib>jf ~ .. C!tv g". (IliriOl' <I" •• wlptl@" off the w@.n.> a" "" • .,rd." ... ""th 01'."""11" (pu"".) Ill"'" sp"ci!ilcad@!Us p .... p ...... OIIl>W . __ Del. C@"t."o:« G. h"' .... ll>jf .... 11101 .. " !,,,G1; Di".eOllf now ",U"'(!IIII.", ..,l1li I. Gi" .... ~ •• "I1Ol .... 11i1 ~ Iil>l t!i" "C@"tvOll:t"~ THE COINIlll1T8CN CIF THUS 1Iil@N!1!lI Is !hat !h. Contractor. IF"OOy p .. ri'Oll ...... the COUit'!ilct betwe.IIi til" COll"ta.t@w"",<lt!i!llIEMiIEDi@IEINIC'I'I!llIEIIIlIl'lU$Ii'lIllMC'/AIl. §IERVICE$, within Nfl. dillfS m!itoI. the lIII"te of! Co"t ..... t .""" .... "" ... me61lt !is "pOlc!lf!eGliu> the GIIIo>t!!<ce ¢@ 11>." ..... <1 .... 01 !iI ti1le ..... "" ... fII ...... O'!b .. d ;" the C"Dlt_t~ Mal e«ect D, Indemnlft.s and pays City 01110.'.', damages (speclflcally Including, but not limited to, damages for delay and other foreseeable consequential damages), ."ponse., co.ts and .ttomey's fees, Inciudlng attorneys I ••• Incurred In appellate proceedings, mediation and .. bieratlo., If any, that City sustain. because of default by Cont ... ctor under the Contract or cou.ed by or arising out 01 any .cdon or proceeding to enforce the Contract or this Bond; and 2. Upon notltlc.tlon by the City, correct any and .11 patently del.cdve or faulty Work or material. that appear within one (I) year from the date 01 Final Acceptance a. Indicated In the CONSUL rANT letter of Recommendation 01 Acceptance, ill .. ued, the Certificate of Occupancy, illssued, or the Certificate 01 Complellon, If issued by the City, whichever I. applicable and If mo .... than one Is applicable, the one that Is Issued I .. t, for patent Delectlve Worle, and correct any and oIll.tent defects that are discovered before !he expiration of the third (3rd) year following the date of Flnai Acceptance as Indlc.ted In the CONSULTANT Letter 01 Recommendation of Acceptance, !I Issued, the Certificate 01 Occupancy, Ills.ued, or tho Certificate 01 Compl.lion, If I ... od by the City, whichever Is appllcoble and II more than one Is applicable, the one that Is Issued last; and 3. Perform. the guarantee of all Work and materials furnished under the Contract for the time specified In the Contract. 11011 of the forgOing condition. are met. then this Bond Is void, otherwise It ,hall remoln In full force and Whenever Contractor .hall be, and declared by the City to bo, In default for failing to perform In strict accordance with any of the term. of the Contract. the Surety shall promptly remedy tho default os well a. perform In the following manner: Complete the Contract In accordance wl!h the Contract'. term. and conditions provided the City makes available, as Work progresses, that portion of the Cont ... ct Price that h .. not already been paid to, or on behalf of, the Contractor. rhe City ,hall not b. reqUired to pay any more than the amount 01 the Contract Prlco, The surety shall not b. obligated to pay more than the m"dmum amount lor which tho Surety may be liable .s •• t forth In the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) day. 01 receipt 01 the City'. decl .... tlon of. default or If !he ThoMma F. Plllpa 021141J@Oll Surety fails to man the/ob with sufllcl.nt force., or suspend. the Work. for more than thirty (30) days, either con.ecutlve or In combination with separate oct •• lons, the City 'hall have the option, in the City's sole discretion, and without waiving Its right to any other remedy or damage' provided for by this bond. to complete the Work with other forces and tho Surety shall pay for the co,t to complete the Work. The term "balance of the Contract Prlco" OS used in this paragraph, .hall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, Ie .. the amount properly pOld by the City to the Contractor. No right of action shall accrue on this Bond to or for the u.e of any person or corporation other than the City named herein. The Surety hereby wolve. notice of and agree, that any changes In or under the Contract Documents and compliance or noncompliance with any formalitie. connected with the Contract 'hall not affect the Surety's obligation under this Bond. iN WOTOIDII!$$ WHIIlRIIl~IF, the above bonded parti •• have executed !hI, Instrument under their .ever.1 .e.ls on this day of , 20-, the name and !he corporate seal of each corporate party being. hereto affixed mnd these pre.onts being duly ,Igned by Its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary IN THE PRESENCE OF: (Agent and Attorney-in-fact Signature) Thomu ~. IPl!pe 121041201~ (indIVidual. President, Managing Member or Generzl Partner, ~tc.) (Bu.ln ... Addr.,,) (City/State/Zip) (Bu.ln ... T .I.phone) (Corporate N.me) (Pr.sldon,) (Bu.ln ... Add, ... ) (Clty/StatelZlp) (Bu.ln ... Telephono) _____ --..JINSUAANCE COMPANY: BY: ________ -----'(SEAL) (BUSiness Address) (City/Sta,elZip (BUSiness Telephone) STATE OF FLORIDA COUNTY OF MIAMI·DADE On this, the day of .20--, before me, the undersigned notary public of ahe State of Florida. the foreaoing performance bond was acknowledged by (Corporate Offlce:r). _________ =-:--;-; __ (Title), 01 (Name of Corporation), a ___ T.";;:;:;;-;;;::;--;-:-:-,(State of Incorporation) corporation. on behalf of the corporation. WITNESS my hand and oMcial seal. ____ """",----,:-:--:--::-_-:-:::-.,-__ _ Notary Public, Stat. of Florid. NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or (Name 01 Notary Public: Prln~ Stamp or Type as commissioned.) __ Personalldentiflcatian: __________ _ Type of Identlfcadon Produced Old take an oath, or__ Did Not take e)n cadi. ThomiIW f. Pepe nal14laOn~ 91 EXHIBIT? fOIlaM Of PAYMENT IOND EMiERGENCY [J)iEI§RDili REMOVAL ANIIllIllOili'OiliAl SER'lfOCI!i!li ltD'!" 111 C5M2@D8'@6 (1i'i"''lOJJDredi ill! m COlildlitiolil of Awardlllllild Il'rlcl1' io the C@liltr~1' li'iaceowulilil m Notice ¢@ Proceed. Not RellOJJOl'llld with SOJJbmottmO) KNOW ALL MEN IBlV Tlhllllilil!i II'RI!iSENT5: That, pursuant to the requirements of florida Sutute 255.0 I, at seq.. florid. Statute.. we, , who •• busin ... addr ••• i. and who •• -te-:le-p-:h-o-n-. -n-um"'7'b.-r-:Ic-. -------,.-.-:P=-r-:-'Inclpa!, (hereinafter referred to as "Contraaor"), and _-;--::-_________ :-" who •• busln ••• addr.s. Is and who •• telephone number i. • as Surety, are bound to the City of South Miami, who •• business addre •• i, :--;-__ -;-:-_and whose telephon" number Is , [[and Miami-Dade County who •• busln... .ddress is and who", telephone number I. _________ -'11,.. Oblige., (hereinafter referred to .. "City") In tho amount 01 .".-_-:-:--:--o-_-o-_-:---:-c-c-__ .Dollars ($ ) for the payment whereof Contractor ""d Surety bind themselves, their heirs, executors, administrator., successors and .. ,Igns, Jointly and .e.orally. WHEREAS, Co~t~mc~@!' h .... illy ..mt¢eRi ."",,,,,,eRi~, eRi~e ... OI HDito III C@OIt.l!lI:¢ go. the 1Il&lil1!i1l\\lGI!INI<!:W 1QllllllllliDiIi Ii!.IEIMIOVAn.. ililERVDCl!liii Sl"'lIWdeoi 001 th<ll 0Ia1' oIf • 2@-.. ,,0101 ... C@OI_ Numb",. g@. (b.lt!I~ <!Ii.ocripti@ml oIf the W@.k) iIy t~ l1:i~ Olin ... .,@.OIa"c .. ",Oth I1Ilmwllilll!s (pRilllns» ml1ll "ii"c06ic"tl""., iff m"l". iiNUDmrelB by """"';-=-:~-'C:""-;:;=-= ~!ci1lI1:@"t._ i. lie""iow MilOll& 1!3 (jMfi g,"""@«iow .<lOge ... "c", mOl us Ioe.",mlfm. ""fei'i'<ld to ... the "C""nct"1 THiE 11:01Nl~OTO@6'lI @I' 'iiHiili IIMliDl'l~ I, that If Ihe Controctor: II. Promptiy performs the constructlon work In ihe time ""d manner prescribed In the Contract; and 2. Promptly makes payments to all claimants, .. deftned In Section 255.05, Florid. Statutes, supplying Controclor with labor, materials, or supplies, used directly or Indirectly by Contractor In the pro.ecullon 01 the work provided for In the Contract; and 3: PaY' City all los ••• , damages, expenses, costs, and attorney's foes,lnciudlng thos.lncurred In any appellato, mediation or arbitration proc •• dlngs, lI.ny, that Owner sustain. becau,. 01. default by Contractor under the Contract; and 4. P.rformslhe guarantee of ,II work and material. ruml.had under the contract for the time specified In the contract, then this obllptlon shall bo VOid; otherwise, it shall remain In full force and effect. Any action Instltucod by • claimant under thl. bond for payment must b. In accordance with the notice and time limitation provisions In Section 255.05(2), florida Statutes. The Surety hereby wal.e. nodce of and ogreo. that any changos In or under the Contract Documents and compliance or noncompliance with any formalltl .. connected with the Contract shall not affect the Surety's obllpllon under this Bond. UN WiTNESS WHEREOF, tho above bonded partie. have executed thl.lnstrument under their s.""ral se", on this day of .20----, the name and the corporate , •• 1 of each corporate party being hereto affixed and the.e presents being duly ,lgned by Its undersigned representative. IN PRESENCE OF: 'I/'(hOIM!£l ~. ~epal 9a'D4'2CO~ (Individual. President. Manasln& Member or General Pl!rcner. etc.) (Bu.ln ••• Address) (CIty/SlatelZlp) (Business Telephone) OR (Corporate N"",e) AneST: (President) Secretary (Bu,lne" Address) (CiIY/Sta.elZlp) (BUSiness Telephone) IN THE PRESENCE OF: _______ .INSUAANCE COMPANY: BY: (SEAL) (Agent and A"omey.ln.I,,:. Signatur.) (Bu.lne" Addr.,,) (CIIY,S .... ,Zip (Busln ... Telephone) STATE OF FLOR!DA ) ) COUNTY OF MIAMI·DADE ) On this. the day of .20-, before me appeared __ -".,--'-.,..,....,._,......, __ _ who i. ohe (TIlle). of (Nom. ollogal onliIY) •• __ -::--:-_---: ___ (State o~ Incorporation) eompmny or parwership. on behalf of the corporation mod who is personally known by me or who providtd me with the following type of Identl1leatlon and who took an oath or affirmed that he/she Is the person who signed the foregoing payment bond. WITNESS my hand .nd officiol ,e.1. --;:-:---:-7.:-:,---=...,-,,------- No .. ry Public. Stat. 01 Florid. NOTAIIY PUBLIC: SEAL ""Power of A.ttorney must be attached. ThoMEIS IF. iF'ep!2! Im41aOI~ (Name 01 Notary Public: Prln~ S .. mp or Type as commissioned.) END Of SECTION Bond Guaranty LEITER FROM BONDING COMPANY THAT VERIFIES CONTRACTOR CAN COMPLY WITH THE BONDING REQUIREMENT ADDRESSED IN EXHIBIT I, A IT ACHMENT A, "PROJECT BACKGROUND AND SCOPE OF SERVICES, SECTION O. , " rO\\"tl , I\"~ , row 11 BO:\!!)S April J I, 2018 To: City of Oakland Park, Florida 3650 NE J 2'h Ave. Oakland Park, FL 33334 RE: Arbor Tree and Land, Inc. 7153 South em Blvd., Bay AS West Palm Beach, FL 33413 Project: Disaster Debris Removal aud Disposal Services and Emergency Response Contracting Services To City of Oaklaud Park: . .... ,', r. .'" I"~ _._ .,. ' ••. j 201 W. ,::~rm'fH Creek Road . .: . .;t.e i ;i(l (Zip: 3jj09) . P.O. B(I"\~,~ ~n.1 FOit Lauderdale. FL :'3310·5727 9541776·2222' FAX 954nn·7542 Statewide 1·800/339·0259 It is our understanding that Arbor Tree aud Land, Inc. is submitting a proposal for the above captioned project aue! that a Performauce and Payment bond may be required if they are successful bidder. This letter will serve as evidence that Arbor Tree aud Land, Inc. is bonded by Allied Wodd Insurance Compauy. Should Arbor Tree and Land, hlC, have a low bid acceptable to all parties, if all other nOlmal requirements are satisfied, we look forward to providing a final bond on this project. Arbor Tree and Land, Inc. has bonding capability large enough to handle the potential debris management operations up to $1,000,000 or] 00% of the cOlltract value, whichever is greater, annually. As tins is a letter ofreconmlendatioll, aud not a bid bond, BrOlm & BroYl'll of Florida, Inc., Allied World hlsurance.Company, their agents and owners accept no liability for its content. TIle Surety reserves the right to base their fmal decision upon conditions that exist at the time of bond request. If we call be of additional assistance. please feel free to give us a call. Sincerely. >', . • '. ,... -, " .'1_--<" " illkhael A. Holmes. Attol'l1ey-ln-Fa(·t -Allied World Insurance Company (power of atiorney attached) Brc-wll &. Brown of Florida. Inc. bpir51ic·n: JUlie 1. :(1] 9 BID OPENING REPORT Bids were opened on: Wednesday. Allril18. 2018 after: 10:00 am For: RFP #CSM2018-06 EMERGENCY DEUruS & DISPOSAL SERVICES CONTRACTORS Tim SUBMITTED BIDS 1. ATL DISASTER RECOVERY .... -..... -... -.--...... -.-........ -... ---..... ---1 2. CERES ENVIRONMENTAL SERVICES, INC. ~'-3 ~-C{JST(Th,iETRl~E CARE, INC .. ___._ ...... _ .. . L 4. DRC EMERGENCY SERVICES [" 5. LOOKS GREAT SERVICES OF MS, INC. ~-:-SUPEIZIOR LAND.~~~fIl!.9.<IZ-!c~ ViN SERVICE, INC. I 7. II'Bc.?NJERPRISES, INC 1-----.--------------.--""""'-"""'~-- !---""-'"-""-"--,-'"""" -----------._-----------"""-"'- .. _._ ........ -._-- , f --._---'''''" 1---··_·_--.-... , , 1-·,,·-------- f ..... ---.-. i' --.-.--.. --.- ,-,,--------_.,---------------------,-"".,_.,,'"-"""""-""--- THE ABOVE BIDS HAVE NOT BEEN Cl-mCKlm .... _._-..... _--j i .. --'-"-'-1 .. -.-----. ---·-1 . ·······_·_·1 "'-"-""",--'----'-----l "--~===l I I ____ J TilE /lIDS ARE 81j\l,lEeT TO CORRECTION AFTER THE BIDS HA VE BEEN COMPLETELY REVIEWED. City clcrkJ':l::I~:n.o*, Cl..P(,LLyl€. I'rinll'ia C ) / Witness: ~ j; /1 I:;; -/1'.. ~in> 1Iiamc ~ is ' Wilness: 0-f-e v'C . ~~ ( '.~ /{- Print !\amc 878 Sou~iami THE CITY Of PLEASANT LIVING Ri=P Title: RFP No.: Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami. Florida 33143 (305) 663-6339 www·southmiamifl.gov EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES CSM20 I 8-06 DIRECTIONS: Please score each firm. for each specific criteria provided. Scoring is based oneach criteria listed below with a maximum score for each criteria. The total score. for each proposer is calculated by adding each criteria for a total score by proposer .. The maximum score total score for each proposer is.1 00 points. RESPONDENTS QUALIFICATIONS a. (Maximum Point ) (1 r?:> 1~ Value-2S) l~ 'LO t5 \0 PROJECT TEAM QUALIFICATIONS (p Z; { \ b. (Maximum Point ,.~-". lq 'ZO Value -20) )'7 ~) TECHNICAL APPROACH , ' I (Maximum Point IS' 7 "7 c. I ~7 "I "1 ,-,,' Value-IS) FINANCIAL STABILITY ') d. (Maximum Point 1/ If) \0 (l ?! Value-IS) ) / ! I REIMBURSEMENT e. ASSISTANCE 1/ If ,,' -7 C (Maximum Point r ) (tJ i Value-I RESPONDENTS COST f.. PROPOSAL & PRICING 'J (Maximum Point 16 -7 .-'J .f ) '. Value-IO) ) '879 Page 1 of 3 880 Page 2 of 3 REVISED ADDENDUM No.2 Exhibit 6 EVALUATION AND SELECTION CRITERIA EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18-06 Scoring and Ranking Proposals will be evaluated by an Evaluation Selection Committee which will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel andlor members of the community, as deemed necessary, with the appropriate experience andlor knowledge. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: a. RESPONDENTS QUALIFICATIONS (Maximum Point Value -25) i. Number of years of experience in disaster response: company andlor predecessors must have at least five (5) years of experience in this field. ii. Background in handling similar size projects: company must have successfully completed a project involving the removal and processing of over two (2) million cubic yards of debris and the capacity to remove as much as 30,000 cubic yards in one day in response to an event. iii. Degree of experience in all areas of emergency response. management and recovery. iv. Experience with FEMAlFHWA reimbursement programs and funding issues. v. Proof of satisfactory or better performance on contracts of similar scope and size: references and letters of reference must verify successful completion of similar projects. vi. Number of similar projects: company andlor predecessors must have completed at least 10 similar projects within the last 10 years b. PROJECT TEAM QUALIFICATIONS (Maximum Point Value -20) i. Assurance of dedicated project team. ii. Exp'erience of key team members in area identified under experience of Respondent. Identify senior and project management. 881 iii. Education and experience of Respondent's personnel. (Provide brief resumes.) c. TECHNICAL APPROACH (Maximum Point Value -15) i. Experience of Respondent in previous projects of similar size and scope of the City of South Miami's specification. ii. Technical approach of the Respondent to mobilize and perform the many aspects of the work. iii. Ability to respond in a timely manner with the necessary resources. d. FINANCIAL STABILITY (Maximum Point Value -15) i. Ability of Respondent to continue to proceed until funding becomes available. ii. Previous financial handling of multiple contracts in multiple disasters. iii. Invoicing program. iv. History of satisfactory payment procedures of subcontractors. e. TECHNICAL REIMBURSEMENT ASSISTANCE (Maximum Point Value-15) f. RESPONDENTS COST PROPOSAL & PRICING (Maximum Point Value-10) i. Pricing Schedule will be evaluated for reasonableness. ii. All line' items must be priced exactly as contained in the Pricing Schedule included in the Solicitation, regardless of any alternates which may be proposed. Evaluation of Proposed Rates After the evaluation of the technical criteria of the Proposal, the City will evaluate the proposed rates, if rates and pricing information were requested in the solicitation. The pricing information will be evaluated by the Evaluation Selection Committee in combination with the technical information, including an evaluation of how well it matches the Respondent's understanding of the City's needs described in this Solicitation, the Respondent's assumptions, and the value of the proposed services. The pricing information evaluation is used as part of the evaluation process to determine the highest·ranked Respondent for recommendation of an award or for further consideration by way of oral presentations. 882 Oral Presentations Upon completion of the criteria evaluation indicated above, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation andlor interviews with the Respondent (s) which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; based on the preliminary rating and rankings, andlor maintaining competition. Upon completion of the oral presentation(s) andlor interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals remaining in consideration based upon the written documents, combined with the oral presentation. 883 .! ! ! 3 I , , 'I ! I " i I 1 :~ ;{ ~ -:~ :~ j ~i , " .~ :1 " j j i ! -: ! i 1 THE CITY OF PLEASANT LIVING RFP Title: Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP No.: ____________________ ~CS~M20~1~8-~0~6 ________________________ __ DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points; RESPONDENTS QUALIFICATIONS ".-d5'" ;;)Ji :J5 ~~ (Maximum Point d S JD a. ),,,--- Value-25) ;:'7 . PROJECT TEAM QUALIFICATIONS f6' 1(;1 /q 11 lr /0 b. (Maximum Point /2~ Value -20) IECHNICAL APPROACH Ii ' l( If' (Maximum Point 11 Ii /0 /0 c. Value -15) FINANCIAL STABILITY If&-)~,-)~~ I~ d. (Maximum Point !D Value-IS) TECblNICAL REIMBURSEMENT I~ } ,,) 8 e. ASSISTANCE I ( (,) I ~ (Maximum "oint Value-I RESPONDENTS COST CO f.. PROPOSAL & PRICING ,~ 6 )0 3 (Maximum Point Value-IO) Total Score: Page 1 of 3 885 Page 2 of 3 REVISED ADDENDUM No.2 Exhibit 6 EVALUATION AND SELECTION CRITERIA EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18-06 Scoring and Ranking Proposals will be evaluated by an Evaluation Selection Committee which will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: a. RESPONDENTS QUALIFICATIONS (Maximum Point Value -25) i. Number of years of experience in disaster response: company and/or predecessors must have at least five (5) years of experience in this field. ii. Background in handling similar size projects: company must have successfully completed a project involving the removal and processing of over two (2) million cubic yards of debris and the capacity to remove as much as 30,000 cubic yards in one day in response to an event. iii. Degree of experience in all areas of emergency response, management and recovery. iv. Experience with FEMAlFHWA reimbursement programs and funding issues. v. Proof of satisfactory or better performance on contracts of similar scope and size: references and letters of reference must verify successful completion of similar projects. vi. Number of similar projects: company and/or predecessors must have completed at least 10 similar projects within the last 10 years b. PROJECT TEAM QUALIFICATIONS (Maximum Point Value -20) i. Assurance of dedicated project team. ii. Experience of key team members in area identified under experience of Respondent. Identify senior and project management. i ,-- 886 iii. Education and experience of Respondent's personnel. (Provide brief resumes.) c. TECHNICAL APPROACH (Maximum Point Value -15) i. Experience of Respondent in previous projects of similar size and scope of the City of South Miami's specification. ii. Technical approach ofthe Respondent to mobilize and perform the many aspects of the work. iii. Ability to respond in a timely manner with the necessary resources. d. FINANCIAL STABILITY (Maximum Point Value -15) i. Ability of Respondent to continue to proceed until funding becomes available. ii. Previous financial handling of multiple contracts in multiple disasters. iii. Invoicing program. iv. History of satisfactory payment procedures of subcontractors. e. TECHNICAL REIMBURSEMENT ASSISTANCE (Maximum Point Value-15) f. RESPONDENTS COST PROPOSAL & PRICING (Maximum Point Value-IO} i. Pricing Schedule will be evaluated for reasonableness. ii. All line items must be priced exactly as contained in the Pricing Schedule included in the Solicitation, regardless of any alternates which may be proposed. Evaluation of Proposed Rates After the evaluation of the technical criteria of the Proposal, the City will evaluate the proposed rates, if rates and pricing information were requested in the solicitation. The pricing information will be evaluated by the Evaluation Selection Committee in combination with the technical information, including an evaluation of how well it matches the Respondent's understanding of the City's needs described in this Solicitation, the Respondent's assumptions, and the value of the proposed services. The pricing information evaluation is used as part of the evaluation process to determine the highest-ranked Respondent for recommendation of an award or for further consideration by way of oral presentations. 887 Oral Presentations . Upon completion of the criteria evaluation indicated above, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals remaining in consideration based upon the written documents, combined with the oral presentation. 888 (1) SouthfMiami THE CITY-OF PLEASANT JJVING RFP Title: RFP No.: Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.sbuthmiamifl.gov EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES CSM2018-06 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a totid score by proposer. The maximum score total score for each proposer is 100 points. RESPONDENTS QUALIFICATIONS tt ~f /f a. {Maximum Point '/,;t 1/1/ (fb Value -25) PROJECT TEAM QUALIFICATIONS /( l~ \1 19 l4 /1 b. (Maximum Point 1& Value -20) TECHNICAL APPROACH '\4-c. (Maximum Point (1,,-l( Value-15) FINANCIAL STABILITY d. (Maximum Point /0 Value -15) \~ \0-I'? \1// (0 TECHNICAL REIMBURSEMENT 7 fG e. ASSISTANCE (~ t'1 \'7 (4-(Maximum Point Value- RESPONDENTS COST 1 f.. PROPOSAL & PRICING 1p 1° (Maximum Point Value-10) Page 1 of 3 889 Date: 6/!4v>/'b (Signature) I i 890 Page 2 of 3 REVISED ADDENDUM No.2 Exhibit 6 EVALUATION AND SELECTION CRITERIA EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP # CSM20 18·06 Scoring and Ranking Proposals will be evaluated by an Evaluation Selection Committee which will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: a. RESPONDENTS QUALIFICATIONS (Maximum Point Value -25) i. Number of years of experience in disaster response: company and/or predecessors must have at least five (5) years of experience in this field. ii. Background in handling similar size projects: company must have successfully completed a project involving the removal and processing of over two (2) million cubic yards of debris and the capacity to remove as much as 30,000 cubic yards in one day in response to an event. iii. Degree of experience in all areas of emergency response, management and recovery. iv. Experience with FEMAlFHWA reimbursement programs and funding issues. v. Proof of satisfactory or better performance on contracts of similar scope and size: references and letters of reference must verify successful completion of similar projects. vi. Number of similar projects: company and/or predecessors must have completed at least 10 similar projects within the last 10 years b. PROJECT TEAM QUALIFICATIONS (Maximum Point Value -20) i. Assurance of dedicated project team. ii. Experience of key team members in area identified under experience of Respondent. Identify senior and project management. 891 I I I I ~ I i iii. Education and experience of Respondent's personnel. (Provide brief resumes.) c. TECHNICAL APPROACH (Maximum Point Value -15) d. i. Experience of Respondent in previous projects of similar size and scope of the City of South Miami's specification. ii. Technical approach of the Respondent to mobilize and perform the many aspects of the work. iii. Ability to respond in a timely manner with the necessary resources. FINANCIAL SiABILITY (Maximum Point Value -15) i. Ability of Respondent to continue to proceed until funding becomes available. ii. Previous financial handling of multiple contracts in multiple disasters. iii. Invoicing program. iv. History of satisfactory payment procedures of subcontractors. e. TECHNICAL REIMBURSEMENT ASSISTANCE (Maximum Point Value -15) f. RESPONDENTS COST PROPOSAL & PRICING (Maximum Point Value -10) i. Pricing Schedule will be evaluated for reasonableness. ii. All line items must be priced exactly as contained in the Pricing Schedule included in the Solicitation, regardless of any alternates which may be proposed. Evaluation of Proposed Rates After the evaluation of the technical criteria of the Proposal, the City will evaluate the proposed rates, if rates and pricing information were requested in the solicitation. The pricing information will be evaluated by the Evaluation Selection Committee in combination with the technical information, including an evaluation of how well it matches the Respondent's understanding of the City's needs described in this Solicitation, the Respondent's assumptions, and the value of the proposed services. The pricing information evaluation is used as part of the evaluation process to determine the highest-ranked Respondent for recommendation of an award or for further consideration by way of oral presentations. 892 Oral Presentations Upon completion of the criteria evaluation indicated above, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation andlor interviews with the Respondent (s) which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; based on the preliminary rating and ran kings, and/or maintaining competition. Upon completion of the oral presentation(s) andlor interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals remaining in conSideration based upon the written documents, combined with the oral presentation. 893 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, M,ami·Dade County, FlOrida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared KESHA 8ASSUE, who on oath says that he 0, she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal HOlidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Nolme In the matter of CITY OF SOUTH MIAMI· RFP #CSM201 8-06 In the XXXX Court, was published in said newspaper in the issues of 03/27/2018 Affiant further says' that the said Miami Daily Business Review is a newspaper published at Miami In said Miami-Dade County, Florida and that the said new'spaper has heretofore been' continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami-Dade County, Flonda, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further sa,Ys thai he or she has neither paid nor promised any person, firm or corporation any discount, rebate. commiSSion or refund for the purpose of secunng thiS advertisement for publication In the said newspaper KESHA BASSUE personally known 10 me ••• ,;:~~~~;';'" BARBARA THOMAS t:~·.···i\ Comm;5S;on # GG 121171 ~~~~~~~ Expires November 2,2021 ·":f.~·r.f,~?~··· Banded Thru Imy Fain Insurance 800·385-1019 CITY OF SOUTH MIAMI EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES RFP #CSM2018-06 SUBMITTAL DUE DATE: APRIL 18, 2018 AT 10AM SOLICITATION COVER LETTER The City is hereby requesting sealed proposals in response to RFP HCSM2018·06 "Emergency Debris Removal and DisposaL" The purpose of this Solicitation is to contract for the services necessaty for the completion of the project in accordance with the Project Background and Scope of SeJVic;es, (Exhibit 1, Attachment A, B, C & DJ and Respondent's Cost and Technical Proposal, or the plans and/or specifications, it any, described in this SoliCitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. The Proposal Package shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 AM local time (the "Closing Date") on 10 AM, April18, 2018. Hand delivery must be made Monday through Friday from 9 AM to 5 PM, unless a different tima is provided above for the Closing Date, to the cHice of City Clerk. 3/27 Maria M. Menendez, GMC City Clerk City of South Miami 18-94J0000306760M 894 Member Name Bid Number Bid Name 3 Document(s} found for this bid 8 Planholder(s) found. Supplier Name Austin Tupler Trucking, Inc. Construction Aggregates Corp IT Services Construction Journal, Ltd. (rowderGulf Joint Venture, Inc. (SA Central, Inc. Legacy Products Inc Link Systems LLC T.F.R. Enterprises, Inc. City of South Miami RFP-RFP #CSM2018-06-0- 2018/SK EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES Address 1 6570 S.W. 47th Court 4193 Bramblewood Loop 400 SW 7th Street 5435 Business Parkway 820P NW 41st Street 3791 SW Pierre St 5870 Hummingbird Court 601 Leander Drive City Stat e Zip Phone Attributes Programs Davie FL 33314 9545830801 Spring Hill FL 34609 4078820288 Stuart FL 34994 8007855165 Theodore AL 36582 2514597430 Dora! FL 33166 3054615484 Topeka KS 66617 7859920367 1. 5mall Titusville FL 32780 4074010031 Business Leader TX 78641 5122603322 895 5110{2018 Detail by Entity Name l)J \/C!CJ!; oI C()y~r)l'}i'f'Jr)l f:~ .lli!pat1mentof SIMe I Division Qrcor~ f SearCh Records I llilli1il..§y. Document Number I Detail by Entity Name Foreign Limited Liability Company DRC EMERGENCY SERVICES, LLC Filing Information Document Number FEIIEIN Number Date Filed State Status Last Event Event Date Flied Event Effective Date Principal Address 13 Evia Main Galveston, TX 77554 Changed: 04/2512016 Mailing Address M05000003946 63-1283729 07/18/2005 AL ACTIVE LC AMENDMENT 09/29/2015 NONE 110 VETERANS MEMORIAL BLVD, SUITE 515 METAIRIE, LA 70005 Changed: 01/31/2018 Registered Agent Name & AddresS COGENCY GLOBAL INC. 115 North Calhoun S!. Suite 4 Tallahassee, FL 32301 Name Changed: 1012912013 Address Changed: 0710712015 Authorized Person(§;) Detail Name & Address Title Vice PresidenV Secretary FUENTES. KRISTY 896 htlp:l/search.sunbiz,org/lnquiry/CorporationSearCh/SearchResultDetail?'lnqu'lrytype=EntityName&directionType=lniflal&searchNameOrder=DRCEMERGENCYSEF 5/10/2018 Detail by Entity Name 13 Evia Main Galveston, TX 77554 Title Exec. Vice PresidenV General Manager Thormahlen, Kurt 13 Evia Main Galveston, TX 77554 TitleVP Sullivan. William W 13 Evia Main Galveston, TX 77554 Title VP Sullivan, Todd P 13 Evia Main Galveston, TX 77554 ntle President Sullivan, John R 13 Evia Main Galveston, TX 77554 TItleVP Stafford, Mark 13 Evia Main Galveston, TX 77554 Annual Rep-orts ReporiYear 2016 2017 2018 Document Images Filed Date 04/25/2016 04/14/2017 04/18/2018 04118/2018 ANNUAl REPORT View image in PDF format 04/1412017 .. ANNUAl REPORT View image in PDF format J 04128/2016 AMENDED ANNUAL REPORT _View_;_m_,g_._in!,~~_~o_'m_"_. ..1 04/25/2016 --ANNUAL REPORT ___ V;._w_;m_,_g~.~. P~:_~or.~~ _J 04/2912015 -. ANNUAL REPORT 1210312014·· LC Amendment 06/1Q/2014 --AMENDED ANNUAL RFpORT 01/13/2014 .~ ANNUAL REPORT iOi29/2013·· Reg:...fjgenl Chang!!; 01(21 /2013 .• ANNUAL REPORT View image in PDF format View Image In PDF formal View image in PDF formal View image in PDF forma! View image in PDF formal -~-.-.-.. _-._.-.... View imClge in PDF formal 04/1112.01 4 -:.ANNUN_. R.Ep.o8T View imaGe in PDF formal . .I 897 http://search,sunbiz,org/lnquiryfCorporationSearch/SearchResuIIDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder.::DRCEMERGENCYSEF 5/10/2018 03f15/2011 •• ANNUAL REPORT 10/1512010 n REINSTATEMENT 03/27/2009 _ ANNUAL REPORT 03/13/2008 n ANNUAL REPORT 04/02/2007 ANNUAL REPORT 08/03/2006·· ANNUAL REPORT 03/16/2006 --ANNUAL REPORT 071i8/2005 --ForejgD...Wmi!ru.! Detail by Entity Name View image in PDF format View image In PDF formal View Image in PDF format View image in PDF forma! View image in PDF formal i I VI8wimage 'In PDF formal View image In PDF format _.~_ View image in PDF ~orma~ __ J 898 http:// search .su nbiz .org/ln qui ryfCor poration Sear chiS earch Res ul tDetail? 'Inquirytype=En utyN ame&dl rection Type=-I n IIlal &searchN ameOrder=DRCEM ER GENCYSEF 2018 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M05000003946 Entity Name: DRC EMERGENCY SERVICES, LLC Current Principal Place of Business: 13 EVIA MAIN GALVESTON, TX 77554 Current Mailing Address: 110 VETERANS MEMORIAL BLVD, SUITE 515 METAIRIE, LA 70005 US FEI Number: 63·1283729 Name and Address of Current Registered Agent: COGENCY GLOBAL INC. 115 NORTfl CALHOUN ST. SUITE 4 TALLAHASSEE, FL 32301 US FILED Apr 18,2018 Secretary of State CC0676277624 Certificate of Status Desired: No The above namad entity submits this statement for the purpose of changing its registfJ1'9d office or registered agent. orbofh, in the Slate of Florida. SIGNATURE: Electronic Signature rL Registered Agent Date Authorized Person!s) Detail : Title VICE PRESIDENTI SECRETARY Title EXEC. VICE PRESIDENTI GENERAL Name FUENTES, KRISTY MANAGER Name THORMAHLEN, KURT Address 13EVIA MAIN Address 13 EVIA MAIN City-State-Zip: GALVESTON TX 77554 City-State-Zip: GAlVESTON TX 77554 Title VP THle VP Name SULLIVAN, WILLIAM W Name SULLIVAN, TODD P Address 13 EVIA MAIN Address 13 EVIA MAIN City-State-Zip: GAlVESTON TX 77554 City-State--Zip: GAlVESTON TX 77554 Title PRESIDENT Tille VP Name SUlliVAN, JOHN R Name STAFFORD, MARK Address 13 EVIA MAIN Address 13 EVIA MAIN City-State-Zip: GALVESTON TX 77554 City-Stat~Zip: GAlVESTON TX 77554 t her&by cM/fy ffmt the in(ormaUon IndfCl:ltad on fhis roport or supplemental roport Is (rua and occurs/a andthet my f'If&cfrnntc slgnflture '.lhr;11 havfllhe sam81&gal offor:l os if mode under oath; thflt I am 0 managing membf]rormanflger offJJa limited liability company orfha feCfl/'lfJrortrvstaa ampowel!1d 10 eIC6cute tII~ report liS mqulred by ChBpter8Q5, Flonda SlB/mes; anft Ihat my nama app6ars ebo\l&, 01 OIl an ottachment with all other like empowered. SIGNATURE: KRISTY FUENTES Electronic Signature of Signing Authorized person(s) Detail VICE PRESIDENTI SECRETARY 04/18/2018 Date 899 5110/2018 Delail by Entity Name ~panmenf of Stalft I Division of Corp~ I Search Records I ~y. Document Number I Detail by Entity Name Foreign Profit Corporation CUSTOM TREE CARE, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status f.rJMjpal Address 3722 S.w. Spring Creek Ln. Topeka, KS 66610 Changed: 04119/2016 Mailing Address 3722 SW. Spring Creek Ln. Topeka, KS 66610 Changed: 0411912016 F15000002741 48-1245968 06123/2015 KS ACTIVE Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 0812712015 Address Changed: 08127/2015 Officer/Director Detail Name & Address Title President, Secretary Gathers, Greg 3722 S.W. Spring Creek Ln. Topeka, KS 66610 Title VP 900 GATHERS. MAURA http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResuItDetafl?inquirytype=EntilyName&direclionType=lni1ial&searchNameOrder-CUSTOMTREECARE'J I II I ! 5/10/2018 3722 S.W. Spring Creek Ln. Topeka, KS 66610 Annual Rep-orts ReporiYear 2016 2017 2018 Document Images Filed Date 04/19/2016 04/10/2017 01/25/2018 01 f2512018 -ANNUAL REPORT __ v:.:'::'w::..::'m:::a~9c:,:::'o,-P"D::F_'::'::'m,"a::'_--1 04l10{2017 _. ANNUAL REPORT __ v;:.:'::.w::..::'m:::a~9c:':::'O,-P"D::F_'::'::'m,"'::'_~ 04/1912016 --ANNUAl REPORT __ v",::.,w::..::,m:::':,9c:':::'",-P"D::F:.:'::'::ffi1:::'::'_--1 08127/2015 --Reg....6.gfl.D1...Q.hru)ge __ V",::.,w::..::'m:::':,9c:':::'O,-P"D::F:.:'::'::ffi1:::'::'_--1 06123/2015 --Forejgn Profit View image in PDF formal Detail by Entity Name =--'J~ ~,.,':'~' ".;-.• ~" i" " •. ,.,,~" 901 htlp:/IsearCh.sunbiz,org/lnquiry/CorporationSearch/SearchResultOelall?inqu'lrytype=EntityName&directionType=lnitial&searchNameOrder=CUSTOMTREECARE"I 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F15000002741 Entity Name: CUSTOM TREE CARE, INC. Current Principal Place of Business: 3722 S.W. SPRING CREEK LN. TOPEKA. KS 66610 Current Mailing Address: 3722 SW. SPRING CREEK LN. I ! TOPEKA, KS 66610 US FEI Number: 48·1245968 Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 US FILED Jan 25, 2018 Secretary of State CC6293372858 Certificate of Status Desired: No The above fl8med entity submits this stll/ement for the purpose of changing its registered office or registered agent. or both, in the State of Florida. SIGNATURE: ~E~'-.ct~m-n~iC~S~ig-n~ffi~u-ffi-m~.~R-eg~is~t-.r-oo~A-ge-n-t--------------------------------------------"D~a~~~-- Officer/Director Detail : Title Name Address PRESIDENT. SECRETARY GATHERS, GREG 3722 S.W. SPRING CREEK LN. City-State-Zip: TOPEKA KS 66610 Title Name Address VP GATHERS, MAURA 3722 S.W. SPRING CREEK LN. CityMSlate-Zlp: TOPEKA KS 66610 I hereby certify thlllihe information ImJ(cll/ad on this report or Slipp/umBntl'll repenls /ruo and !l!X)urnte and !hat mye/eotronfc signllfura shell have 1/1(1 same /(lgal effect as Ifmada vMer oath; /hat J aman Df1I~8ror diroclorofth", corporation or/he roC8Neror !fIIa/ss empowered to eX/lcuro this ITIport 8S roqulrtJd by Chap/er607. Florida StaMas; and thai my flamf.t flfJPflfllS above, orcm an attachmallt wtlh Q/J a/her lik" (JffJPf)warOO. SIGNATURE: GREG GATHERS PRESIDENT 01125/2018 Electronic Signature of Signing Officer/Director Detail Dale 902 5/10/2018 Detail by Entity Name ~R?rtment of State I Djylsion of Corp...!llilli!m.§. I Search Records I Detail By' pocument Number f Detail by Entity Name Foreign Profit Corporation CERES ENVIRONMENTAL SERVICES, INC. Filing Information Document Number F96000003145 FEIIEIN Number 41-1816075 Date Filed 0611911996 State MN Status ACTIVE Last Event REINSTATEMENT Event Dale Flied 0112812005 3825 85TH AVE N BROOKLYN PARK, MN 55443 Changed: 0311212012 Mailing Address 3825 85TH AVE N BROOKLYN PARK, MN 55443 Changed: 0311212012 Registered Agent Name & Address COGENCY GLOBAL INC. 115 North Calhoun St. Suite 4 Tallahassee, FL 32301 Name Changed: 0811612010 Address Changed: 0710712015 Officer/pI rector Detail Name & Address Title Di rector MCINTYRE, DAVID 2635 CASEY KEY RD NOKOMIS, FL 34275 903 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inqulrytype=EntityName&directionType=lnitial&searchNameOrder=CERESENVIRONMEN , I I : , I ! I ! I I ! 1 ' i I I I I 5/10/2018 Title Secretary Laurie, Tia Nichola 22614 Night Heron Way Bradenton, FL 34202 Title VP PREUS, DAVID A 863 OSCEOLA ST PAUL, MN 55105 ntle President MCINTYRE, DAVia A 2635 CASEY KEY RD NOKOMIS, FL 34275 ntle Ass!. Secretary Brown, Dawn Cheryl 8155 Antrim Cove Eden Prairie, MN 55347 Annual Rej:lorts Report Year 2017 2017 2018 Document (mag@.! Flied Date 05/03/2017 09/29/2017 03/08/2018 03108/2018 --ANNUAL REPORT 09/30/2017"· AMENDEQ ANNUAL REPORT 09/29/2017 .. AMENDED ANNUAL REPORT 05/0312017 .. ANNUAL REPORT 04/01/2016 --ANNUAL REPORT 03/18/2015 --ANNUAL REPORT Ql/0V2Q14 --ANNUAL REPORT 02/0112013 n ANNUAL REPORT 03/12/2012 --ANNUAL REPORT 0210112012 -. ANNUAL REpORT 0210212011 __ ANNlJAI REPORT 08/16/2010· Reg...Ageot Chang!i Q3/2912Q10._ ANNUAL REPORT Q1/19/2009 n ANNUAL REPORT 04115/2008 --ANNUAL REpORT 01/29/2007 ANNUAL REPORT 07/1312006 .-ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF fonnat View image in PDF format View [mage in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF formal View image In PDF format View Image in PDF formal View image in PDF formal View Image in PDF formal View image In PDF formal 904 View imege In PDF forrlal http:ltsearch.sunbiz.orgflnquiry/CorpofationSearch/SearchResuIIDetail?inquirytype:::[ntityName&directionType:::lnilial&searchNamaOrder::CERESENVIRONMEN I I I i II I ! , I I I 511012018 Detail by Entity Name 01/2812005 _. REINSTATEMENT View Image in PDF format ------------------ 02124/2000 n ANNUAL REPORT View Image in PDF formal 02/20/1999 _. ANNUAL REPORT View image in PDF formal 04/28/1998 --I\NNUAL REPORT View image in PDF formal ------------_._------- 0511211997 nANN! )AL REPORT View image in PDF format 06/19/1996 --pOCUMENTS PRIOR TO 1997 View image in PDF format 905 http://search.sunbiz.org/lnquiry/CorporalionSearch/SearchResultDetail?inquirytype=EntltyName&diractionType=lnitial&searchNameOrder=CERESENV1RONMEN 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F96000003145 Entity Name: CERES ENVIRONMENTAL SERVICES, INC. Current Principal Place of Business: 3825 85TH AVE N BROOKLYN PARK, MN 55443 Current Mailing Address: 3825 85TH AVE N BROOKLYN PARK, MN 55443 FEI Number: 41-1816075 Name and Address of Current Registered Agent: COGENCY GLOBAL INC. 115 NORTH CALHOUN ST. SUITE 4 TALLAHASSEE, FL 32301 US FILED Mar 08,2018 Secretary of State CC2319561221 Certificate of Status Desired: Yes The above named entity submits this statement tor /ha purpose of changing its registered offiCf; or regis/arad agent, or both, in the State of Florida. SIGNATURE: ~E~I-~~lro~ni~c~S~lg-n.~t-ure--07f~R-.g~i'~t-.r-.~d7A-g.-n~I--------------------------------------------'D~."'le~-- OfflcerIDlrector Detail : Title Name Address DIRECTOR MCINTYRE, DAVID 2635 CASEY KEY RD City-State-Zip: NOKOMIS FL 34275 TiHe Name Address VP PREUS, DAVID A 863 OSCEOLA City-Slale-Zip: ST PAUL MN 55105 Title Name Address ASST. SECRETARY BROWN, DAWN CHERYL 8155 ANTRIM COVE City~State~Zip: EDEN PRAIRIE MN 55347 ntis SECRETARY Name LAURIE, TIA NICHOLE Address 22614 NIGHT HERON WAY City-state-Zlp: BRADENTON FL 34202 litle PRESIDENT Name MCINTYRE, DAVID A Address 2635 CASEY KEY RD City-State-Zip: NOKOMIS FL 34275 t heroby c'¥f./fy thetthe informs/#m indicated on fhis roporl. or lIupplemenlelmpor1ls troe end 8ccurote Ilnd Ihat my f)/actronlc slgnl}/ufB shaH have file same lagsl affect a9 ff marie unGer oath; Ih!J/ f lim en officer ordfrectoroftha corporation or 1M recetveror trustoo empow9rBd to eXecu/$lills (Sport liS reqUired oy Chap/or807, FIOI1dll Sls/utlls; end that my name appelll1l above, or on 1111 ettachmlHlt with 81/ other like emp!)worad. SIGNATURE: TIA LAURIE SECRETARY 03/08/2018 -----------------------------------------------------------------Electronic Signature of Signing Officer/Director Detail Date 906 5/10/2018 Detail by Entity Name Q..§!partment of State I DiVISion of CQ[RQrn1iQo§ I Search Records I ~y. Document Number I Detail by Entity Name Florida Profit Corporation ARBOR TREE AND LAND, INC. Filing Information Document Number G42744 FEIIEIN Number 59-2384451 Date Filed 0610611983 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09126/2017 Prlncipa! Address 7089 HEMSTREET PLACE WEST PALM BEACH, FL 33413 Changed: 1011712017 MAiling Address P.O. BOX 1387 BOYNTON BEACH, FL 33425 Changed: 1011712017 Rggistered Agent Name & Address HODGES, WILLIAM D 5796 WESTERN WAY LAKE WORTH, FL 33463 Name Changed: 1011912016 Address Changed: 0312611990 Officer/Director Detail Name & Address TitleP HODGES, WILLIAM D 7089 HEMSTREET PLACE WEST PALM BEACH, FL 33413 Tl.l.l_ "" 907 http://search,sunbiz,org/lnquiryICorporationSearch/SearchResultDetail?inquirytype=EnUlyName&directionType:;lnitial&searchNameOrder=ARBORTREELAND%2 1 .1 II II 5/10/2018 I !tie \:) HODGES, ZACHARIAH D 7089 HEMSTREET PLACE WEST PALM BEACH, FL 33413 AnnualRe~ Report Year 2015 2016 2017 Filed Date 03113/2015 10/19/2016 09/26/2017 Document Imag~ 09/26110 17 •• REINSTATEMENT __ -,-v:.:":.:w-,-,m=,ag,,o,,':.:' :.:P::.D:..' ::fo-,-cm:.:a:.:' __ 1011912016 REINSTATEMENT __ -,-v,:.:ow:.:c:,m=,og"o,,':.:" :.:P::.D:..F::fo-'-'m:.:a:.:'_---c 03/13/2015 ANNUAL REPORT Q312512014 --ANNIJA! REPORT 02/04/2013 ANNUAL REPORT 01/13/2012 ANNUAL REPORT 12/16/2011 .. Off/Dir Resig.o..eliQn 0110612011 ANNUAL REPORT 011040010 .. ANNUAL REPORT 02123/2009 ANNUAL REPORT 01/3012008 --ANNUAL REPORT 02/08/2007 ~ ANNUAL REPORT 01/0'1/2007 --ANNUAL REPORT 01/11/2006 --ANNUAL REPORT 03(]4/2005 --ANNIJAL REPORT View image in PDF format View image In PDF format View Image in PDF format View image in PDF format View image in PDF format I View image in PDF format I View image in PDF fo~ View image in PDF format View image in PDF format ~ View image in PDF format .. ~ View image in PDF format Visw image in PDF format View image in PDF format 05/0712004 --ANNUAL REPORT __ -,-V,::ew:.:c:,m:.:":cg"e:.:':.::.:" P::D:..:.:F fo::nn.::"::t,----, 0312112003 --ANNUAl REPORT View image in PDF format 04/11/2002 --ANNUAL REPORT View image in PDF format ---"-------' 03f02!2Q01 --ANNUAl REPORT Q1l19{20QO __ ANNIJAI REPORT 0512V1999 --Name chao9ll 01/23/1999 --ANNUAL REpORT 01/2611998 --ANNUAL REPORT 05/1611997 n ANNUAL REPORT 05/011'1996 ~ ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF formal View image in PDF format 05/10/1995 --ANNUAL REPORT View Image in PDF formal ---"------' Detail by Entity Name 908 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaiI71nquirytype=EntityName&directionType;;;lnilial&searchNameOrder=ARBORTREELAND%2 I I I \ i I I , 1 I ! i 2017 FLORIDA PROFIT CORPORATION REINSTATEMENT DOCUMENT# G42744 Entity Name: ARBOR TREE AND LAND, INC. Current Principal Place of BUSiness: 5796 WESTERN WAY LAKE WORTH, FL 33463 Current Mailing Address: 5796 WESTERN WAY LAKE WORTH, FL 33463 FEI Number: 59-2384451 Name and Address of Current Registered Agent: HODGES, WILLIAM D 5796 WESTERN WAY LAKE WORTH, FL 33463 US FILED Sep 26, 2017 Secretary of State CR3506285470 Certificate of Status Desired: No The above named entity submits this statonJ(lnl for the purpose of changing its regist6ntd OffiCB or registered agent, or both, in thfJ State of Florida. SIGNATURE: WILLIAM HODGES Electronic Signature of Registered Agent Officer/Director Detail : TiUe Name Address P HODGES, WILLIAM D 5796 WESTERN WAY City-State-Zip: LAKE WORTH FL 33463 Title Name Address S HODGES, ZACHARIAH D 5796 WESTERN WAY City-State-Zip: LAKE WORTH FL 33463 09/26/2017 Date I hareby carf/fy thai Ihfl InformeUon Indlc81ecl on Ihls reporl or supplflmBntal report /s tnJ9 and accuro.to and thai mye/f1c/ronlc s/gneturo shaH have 1M same /aga/otrect as" mado undaf oal"; that I am en offic;ar ord/roctoroftm OOf]XlfBtlDn or the m~lvero'truslea ampowered to axecuta this repori as roquirod by Chapmr 6C7, Florida SlBlutes; end/hal my flffme appoers abova, or on en alfoohmant wflh all other/ike emprlwerrxJ. SIGNATURE: ZACHARIAH HODGES SECRETARY 09/26/2017 Electronic Signature of Signing Officer/Director Detail Date 909 SUNDAY MAY 212018 MIAMIHERAlD.cOM fROM PAGE l~SE HOLIDAY Free. 786-650-2073 or www.seminoletheatre.org. Reggae Festival: Family- friendly reggae and soca festival includes perform- ances by Kingston dance- hall superstars Mavado, Aidonia and Konshens, plus Ghost, Ding Dong, Masicka, Capleton and others; 2 p.m., Bayfront Park Amphitheatrer, 301 Bis- cayne Blvd., Miami. $45- $135; kids under 12 free with adult. "IN"WW.bestofthe bestconcert.com. Monday, May 28 Sgt. LaDavid T. Johnson Memorial Day Breakfast: The city of Miami Gar- dens is hosting a free breakfast from 9-11 a.m. at the Betty T. Ferguson Recreational Complex, 3000 NW 199th St., to honor those who have died in service to the nation. The breakfast is named for Johnson, the soldier from Miami Gar- dens who died in Niger in an ambush last October. RSVP required. Go to memorialdayinthegardens 2018.eventbrite.com or call 305-914-9070. Miami Shores Memorial Day ceremony: Michael Shepherd, a West Point grad who served as a cavalry squadron platoon leader in Afghanistan, will speak at the Miami Shores Memorial Day ceremony at 9 a.m. Shepherd, an Eagle Scout who grew up in the village, will pay tribute to LaDavid John- son, the Army sergeant from Miami Gardens killed in an ambush in Niger. The ceremony is at Memorial Park, Northeast 94th Street and Second Avenue. Free. Coral Gables Memorial Day ceremony: 9 a.m., War Memorial Youth Center, 405 University Dr., Coral Gables. Free. 305-460-5600. Historic Miami Cemetery Memorial Day tour: Pay tribute to the dozens of hometown soldiers who were killed in action and one merchant marine who died when his ship, "The James Sprunt," was sunk off the coast of Cuba in 1943. Two tours are pro- vided; 9-11:30 a.m., City of Miami Cemetery, 1800 NE Second Ave., Miami. Free. 786-999-2658. Remembering Our He- roes: The Greater Miami Chamber of Commerce's Military Affairs Commit- tee commemorates the U.S. entrance into World War L Events include a wreath-laying ceremony, a color guard parade and special remarks by Maj. Gen. David G. Bellon, commander of the U.S Marine Corps Forces, South. 10 a.m. Monday; Woodlawn Park Ceme- tery, 3260 SW Eighth St., Miami. Free. Surfside Memorial Day ceremony: Event includes presentation of colors, Scout troops and special guests. Light refreshments provided; 10 a.m., Veter- ans Park, 8791 Collins Ave., Surfside. Free. For more information, call 305-866-3635 or visit www.townof surfsidefl.gov. . Davie Memorial Day parade and ceremony: Parade begins at 10:30 a.m. and steps off at the Davie Fire administration building, 6905 Orange Dr., and ends at the Ber- geron Rodeo Grounds, 4271 Davie Rd. The cere- mony after the parade begins at 11 a.ill. in the Rodeo Arena. Free. 954 NEIGHBORS I 21SE 778-0599 or https://smcc.us/ City of Hialeah Memorial Day Ceremony: 10 a.m., Triangle Park at Palm Avenue and Okeechobee Road. Free. 305-883- 5820. Miami Beach Police De- partment's Memorial Day ceremony: 3:15 p.m., MBPD Headquarters, 1100 Washington Ave., Miami Beach. Free. 305- 673-7901. Pembroke Pines Memo- rial Day ceremony: In- cludes a presentation of colors, guest speakers and a wreath-placing; 9 a.m., Fletcher Park, 7900 John- son St., Pembroke Pines. Free. 954-392-2116 or http://www.ppines.com/ 325/Special· Events. Sunrise Memorial Day service: The ceremony includes a wreath-placing, speakers, music, light refreshments and the presentation of colors; 9 a.m., Sunrise Civic Center Amphitheater, 10610 West Oakland Park Blvd., Sunrise. Free. 954-746- 3670 or https://biUy/ 2IHMz2S. Plantation Memorial Day ceremony: 9:30 a.m., Plantation Veterans Me- morial Park, 1776 Lauder- dale West Dr., PLantation. Free. https://wwvv.face book-com/events/ 185527385421965j. PAMM Memorial Day BBQ: Held on the water- front terrace. Catch a live performance by garage rock band SunGhosts, plus food and refreshments for sale, art-making with PAMM teaching artists, and a special appearance. by Coast Guard Air Sta- tion Miami; 1 p.m., Perez Art Museum, 1103 Bis- cayne Blvd., Miami. $16. http://pamm.org/ memorialday18?mc cid =9ab8631584&mc eid= 8ddf2a46dd. - CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida 'will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, June 5, 201 S, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following .item(s): A Resolution authorizing the City :Manager to enter into a multi-year hlterlocal Agreement with i\1iami Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not" to exceed $220,290 annually. A Resolution authorizing the City Manager to enter into a multi-year contract for citywide SIP phone service with Windstream for a total telID not to ex.ceed three (3) consecutive years. A Resolution of the City of South Miami, Florida. amending Resolution No. 094-18-15127. and placing a question on the August 28, 2018, primary election baHot seeking voter approval of an amendment to the City's Charter, Article II, Section 6D. reducing voting requirements needed to amend land use and development regulations in certain commercial, industrial, and mixed-use areas near the South .rviiami Metrorail Station. A Resolution authorizing the City Manager to enter into multi-year contracts for emergency debris removal and disposal services for total term not to exceed five (5) consecutive years. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk' s Oillce at: 305-663-6340, Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises tlle public that if a person decides to appeal any decision made by this Board. Agency or Commission wi{h respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose. affected person Illay need to ensure that a verbatim record of the proceeding::-; is made which record includes the testimony and evidence upon which the appeal is to be based. 910 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before-the undersigned authority personally appeared JOHANA OLIVA, who on oath says that he or she is the LEGAL CLERK., legal Notices of the Miami Dally Business Review f/kfa Miami Review, 8 daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI _ JUNE 5, 2018 in the XXXX Court, was published in said newspaper in the issues of 05/2512018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dad e County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (8 JOHANA OLIVA personally known to me NOTICE IS HEIIERY giVe~1I>1I,l!Je Gifl' CorrunillOl •• of Ibe: Ii1!\t of, (loUI(J MI<ml. RoriCla will condUo! Publlo Hearing(a) at its reguI", City Commission meeting scheduled fOr Tuesday. J""e 5. 2018; beIIr"tilngat 7,00 p:m.., In jI)a City Commission Chambers. 61$0 SuI1S8tDri1Ie; to oonsldettllefOllowm!lilem(s): AResolution$Ulho$11!I the City'MIinoQilr 'to enter I""'. muitf,y.., Interiocal Agr .. ment willi Miami Pade County for cana1 main_ foI' tIiIeJ:Jidi{llJ1 Glades ar:td Broad canals, for an·amOl:lnt.nEff fd 'exoeed $22\USB annuaJ~. " , , A R_~n ,auth~ng the .QH;y Manager to, emer moo a [Ilulti-;year . CQflIraej: ·for:qitywi.de SIP phOllQ ser:viOe with Windstream for a totaJ tenn noH.exceed jh"",(3J.!lOnsecutive yearn, A Resoitition of the CIty ofSollih MIainJ. Ronda. amending Resolution ,No> 09+1~-1"127. and plaJllng' a queation on 1M AIl{IUBt28, 20~6" primary election ballot seeking ·voter approval of an am:endm$11: 19 the City's Charter. Article II, S!wtion 60, reducing v91lng !"eAuiremimts need.edt<> amend laRd ·UIi9 and dev.elqpment reguIQtions-.in ~ commerelal, ,lndl!.Sbial. and, mtxed~ase ~ near-the SauIh Ml!llJIi .M""~!l!I!tI.n: . A R~iuUon authorizlnQ the City Manager to enter into muJti-:year ,,"_Io~,e\ll!I,.p."l( c!e~riI< ~l)Jova!'arw ~!!OfYIgjIS foI' fubiltelmnotlbexte!!d1iVe(5j'cc_eyBlus'. _ ' ALL II1\lIfeSIed. J>Q11i,!§<i,!,.}~;tQ;~d,~,'¢11 be.ileard. _-~. _: ... ~~Jtfd~~~~~Ih&f~\!~~~~;~;:;2~·: MariaM. Menendez, CMC Cllycterk 911